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San Francisco Bay Guardian 9/23/87 Disabled to march for transit access By: Cheryl Davis When members of the American Public Transit Association gather in San Francisco during the last week of September, they will be met by disabled people from across the country who plan to demonstrate against a national transit policy they say is unfair because it separates them from other transit users. Specifically, disabled activists intend to protest the widespread use of special vans to transport disabled riders door-to-door, a system commonly referred to as “paratransit.” That system, they say, is a form of segregation. In its place, they argue, all buses and trains should be equipped to accommodate people in wheelchairs as part of as overall policy fully integrating the disabled into society. “Full accessibility,” they argue, is a right that should not be denied because of cost. Paratransit is impractical as well as offensive, disabled transit riders say. Burr Overstreet, a Santa Rosa man who uses a wheelchair, called paratransit “a paternalistic system that screws people over, costs a fortune and it’s the first thing cut during economic downturns.” Paratransit users “are made to feel like helpless hospital patients,” Les Treece-Sinclair, a wheelchair user and staff person at the September Alliance for Accessible Transportation, a Northern California coalition, told the Bay Guardian. Most Bay Area transit districts, including the San Francisco Municipal Railway, use a combination of buses with lifts and paratransit vans for disabled and elderly patrons, and California law requires that all new buses be equipped with lifts. Local transit agencies have a good reputation nationally for working closely with disabled and elderly patrons. But, even so, there are problems. “Supposedly we [in Marin] have one of the better systems,” Overstreet said. “The combination of fixed-route and paratransit should in theory be fairly effective, but it’s not. The paratransit only runs Monday through Friday, 9 am to 3 pm. Disabled riders have to reserve in advance and disabled people who work cannot use such a paratransit system either to work or to socialize.” “Paratransit doesn’t come close to meeting the transport need of elderly and handicapped people,” said Treece-Sinclair. “At the moment, on many bus lines only every third or fourth bus will be accessible.” Jose Rodriguez, a public information officer for the Metropolitan Transit Commission, told the Bay Guardian Bay Area transit districts “are working hard to meet a basic level of service but we are aware of the need for improvement. As always, this is contingent on securing needed funds.” The debate between disabled people and much of the public transit industry centers around interpretations of Section 504 of the 1973 Rehabilitation Act, which states that persons with handicaps cannot be discriminated against under any program receiving federal funds. Since mass transit relies heavily on federal funds, Section 504 serves as a rallying point for disabled activists who argue for making all public transit wheelchair-accessible. The U.S. Department of Transportation in 1979 issued regulations that required full wheelchair access on newly ordered buses and called for retrofitting existing buses and modifying portions of existing rail systems to accommodate disabled users. Disable activists applauded the regulations, but APTA lobbied Congress vigorously, claiming the regulations were costly, unworkable and designed to reach only a small percentage of the disabled population. A 1979 Congressional Budget Office report supported APTA’s claims and called instead for paratransit systems. APTA sued to overturn DOT’s regulations and the U.S. Court of Appeals for the District of Columbia ruled in 1981 that the regulations exceeded the scope of the Rehabilitation Act. DOT interim regulations gave local communities the option of determining levels of accessibility and many transit districts opted for paratransit. Paratransit advocates argue that outfitting buses with lifts and other special equipment is too expensive, given the number of disabled riders. Santa Clara County Supervisor Tom Legan, for example, said at a January board meeting, “We’re spending $3.5 million per year [maintaining] lifts for what amounts to 57 boardings per year.” But disabled activists say the official estimates of disabled ridership are too low. Palo Alto resident Brian Bolitho, who uses a wheelchair, told the Bay Guardian his commute to work alone account for more than 200 boardings per year on Santa Clara buses. Dennis Cannon, a transportation, specialist the federal Architectural and Transportation Barriers Compliance Board, told the Bay Guardian, “The actual use of accessible buses could be five times higher, or more, than transit agency estimates. The driver often simply guesses the number of obviously disabled passengers.” Much of the expense of repairing lifts, Cannon added, could be avoided by improved maintenance and better training of bus operators. Some APTA members, Canon said, are reappraising the adequacy of paratransit. James Lee, accessibility coordinator for Alameda County Transit, agreed. “Since 1976, study after study has documented the inadequacy of paratransit. It is not cost-effective, nor is it demand responsive,” he told the Bay Guardian.
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San Francisco September 30,1987 S.F. Independent PHOTO (right middle of page) by Rick Gerharter: At least nine wheelchair users (among them, Rick James, Stephanie Thomas, Woody Carlson, Cathy Thomas or Julie Farrar and others) fill the front of the frame blocking a bus with a sign with the APTA logo and Hotels written on it. Most of the blockers are facing toward the bus, away from the camera. Police stand on either side of the bus. Two protesters have Proud and Disabled bumper stickers on the backs of their wheelchairs. Caption: Disabled protesters blocked a SamTrans bus Monday at the American Public Transit Association convention taking place this week at Moscone Center. [Headline] Bitter Protests at Transit Meet By: Carol Farron [This story continues on a second page we do not have at this time.] Disabled people from throughout the United States are angry and have gathered in San Francisco this week to protest the lack of accessibility on public transit systems throughout the nation. The protesters are hoping to force transit officials who are convening at the annual meeting of the American Public Transit Association to change their thinking on transit accessibility for the disabled. APTA, public transit's biggest lobbying group, took the lead in the early 1980s in convincing Congress to overturn federal regulations allowing full transit accessibility for the disabled. What resulted from that decision was a "local option" plan. This allowed individual transit agencies to decide if they would provide accessibility for the disabled on fixed route service or an alternate van/taxi service. Many disabled `groups` are unhappy with that outcome, charging that the local option denies them their civil rights and impedes or prohibits their ability to attend school or hold down jobs because of a lack of transportation. Additionally, many disabled say that paratransit is a paternalistic system that segregates them from society, and users are made to feel helpless. APTA members contend that full accessibility is expensive and unworkable. They say that equipping buses and trains with lifts is too expensive given the number of disabled riders. The disabled, however, say that transit's estimates of disabled riders are low, and accessible transit can work as cities like Seattle, San Francisco and Denver have proven. More than 200 wheelchair bound men and women said last Saturday at a press conference that because the current regulations deny them their civil rights they came prepared to be arrested - and that they were. Thirty-four people, most in wheelchairs, were arrested at a City Hall protest last Sunday, and another 22 were arrested in for blocking a Samtrans bus at Moscone Center on Monday. Many more arrests are expected until the convention's conclusion this Thursday. "This is a militant bunch of protestors," said Jack Gilstrap, executive vice president of APTA. "These people terrified and roughed up some of our members at city hall. "Just because someone is in a wheelchair doesn't mean they're nice." Marilyn Golden of SAAT, the September Alliance for Accessible Transit, said her group is "far from militant." see Rides, page 2
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The Phoenix Gazette, Monday 3-30-87 [This article is in ADAPT 338 and 337 but the entire text has been included here for easier reading] Title: Wheelchair Activists to Picket in Phoenix By Pat Flannery Phoenix will be the next stop for a traveling road show that, despite its mayhem, carries a message that has stirred debate across the country. About 150 wheelchair-bound members of American Disabled for Accessible Public Transit will converge on the downtown Hyatt late this week to picket the Western Public Transit Association, which will be in Phoenix April 5-8. If ADAPT’s performance in more than a half-dozen cities over the past several years is any indication, Phoenix may witness militant wheelchair-riders defying police and transit officials by chaining themselves to city buses, obstructing routes, throwing their bodies onto the steps of buses unequipped with wheelchair lifts and generally raising havoc to make their point. The Denver-based ADAPT, according to organizer Michael Auberger, is a single-issue advocacy group with one goal: putting a wheelchair lift on every bus in every transit system that receives federal transportation funds. And it will go to great lengths to dramatize its goal. "That’s the issue, right there,” Auberger said. “As disabled people, we have the right to ride a bus down the street just like everybody else.” And the right to go to jail like other unruly demonstrators, Phoenix police say. Though Auberger said ADAPT members will meet with police and city officials on arrival to “lay down the ground rules,” neither he nor police are overlooking the possibility of arrests. “We’re looking at all scenarios, including making arrests if pushed to that point,” police spokesman Sgt. Brad Thiss said. “We’ve talked to other police agencies, and historically their goal is to get arrested...and they haven't let up until it occurs. “All we can really say is we're prepared for any contingency.” ADAPT has focused its animosity since its creation in 1982 on APTA. That year the U.S. Supreme Court struck down as too broad a federal regulation requiring all city transit systems to equip at least half of their buses with lifts. The challenger of the regulation was APTA. “They (ADAPT) want each and every bus in the U.S. to be lift-equipped for wheelchair bound people,” Albert Engelken, deputy executive director of APTA, said. “We want those decisions made locally, not nationally. We've never been against wheelchair lifts for buses, but we’re strictly for local decision-making.” Local factors include the cost of equipping buses with lifts, the availability of “parallel” services such as paratransit vehicles for the disabled, and the ability to provide adequate service with the more expensive equipment. In the end, Auberger argues, there is no excuse for denying disabled people access to every bus on which members of the general public ride. “The number of disabled people is constantly increasing, and by the year 2000 it’s going to double again,” Auberger said. “Eighty-five percent of the disabled population is unemployed, and this is a big factor. It allows you to live where you want, work where you want. It gives you options. You can participate in the community.” Whether the kind of protest that has appeared in other cities materializes in Phoenix depends on what ADAPT finds after arriving, said Auberger, who visited the Valley in February. The Regional Public Transportation Authority earlier this month adopted a broad policy statement promoting, among other things, the use of wheelchair accessible buses on all fixed routes. “That takes them out of the view of being an adversary," Auberger said. “lt’s obviously a growing system, and realizing it’s a regional system... that’s the way it should be." The Phoenix public transit department has not adopted such a policy, though director Richard Thomas said more than 10 percent of the 327 buses serving Phoenix are lift-equipped. In addition, about half of the city's paratransit fleet is so equipped. Auberger said the Phoenix bus system could be a protest target if it does not adopt a policy, which Thomas said is virtually impossible given the timing. Likewise, Auberger said Phoenix Mayor Terry Goddard may be targeted because he refused to meet with ADAPT members to discuss the issue. The end
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The Cincinnati Post Tuesday, May 20, 1986 Lighthouse logo of Scripps Howard and the motto: "Give light and the people will find their own way." Editor Paul F. Knue, Editorial Page Editor Claudia Winkler, Managing Editor J. Stephen Fagan, Associate Editor James L. Adams 125 East Court Street, Cincinnati. OH 45202 (513)352-2000 Editorials Title: Buses and the disabled Shades of the civil rights movement returned to Cincinnati yesterday when members of ADAPT, which stands for American Disabled for Accessible Public Transportation, interfered with the operation of Queen City Metro buses. One latched onto a wheel well, and two others boarded and refused to leave. The protesters say members of the American Public Transit Association, who are meeting here this week, are moving slowly or not at all toward making all buses and trains fully accessible for the handicapped. They point to Metro, which has many buses without wheelchair lifts and 87 with lifts that it refuses to operate, as a microcosm of the problem nationwide. Some may condemn the protesters’ tactics of interrupting normal transit service, albeit by relatively non-violent means. The larger question, however, is whether the transit systems are going out of their way to leave the handicapped at curbside. That's certainly not the case with Metro. Metro has contracted with a private company to provide door-to-door (more accurately, curb-to-curb) service for the handicapped within Cincinnati. The system isn't perfect, but it is growing. Complaints abounds that scheduling the Access vans is difficult, and Metro has failed to meet a five-year goal of providing van service to all of Hamilton County, says general manager Tony Kouneski. The problem, here and elsewhere, is one of money. ADAPT wants the lifts as well as the door-to-door service. It’s tough to have it both ways, especially since federal dollars for mass transit have been cut almost 25 percent by the Reagan administration. States have been hard-pressed to fill that gap, and a sales tax increase for Metro failed miserably in 1980. Kouneski says if Metro did, indeed, have an extra $350,000 for operating and maintaining the 87 wheelchair lifts, the money would be better spent on door-to-door service. That's a decision that groups such as the Greater Cincinnati Coalition of People With Disabilities and Metro's own advisory council for the handicapped should help make and implement. Members of national groups such as ADAPT, meanwhile, have made their point. They should now turn their efforts to such things as legal parades and peaceful picketing. Instead of continuing their Cincinnati protest, they should devote their energies to lobbying Washington and the legislatures to fund their full-access plan before someone is seriously injured.
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Cincy orders protesters out A May bus protest in Cincinnati has been described “as the most effective, courageous and fun action ever accomplished in the movement for disabled rights," according to literature mailed out by the American Disabled for Accessible Public Transit (ADAPT). Some 85 members of ADAPT were in Cincinnati in mid-May to picket a regional convention of its arch-enemy, the American Public Transit Association (APTA) and to dramatize what a lack of accessible buses means to the disabled population of that Ohio city. The action began with the customary march on the convention hotel on Sunday, May 18. No arrests were made but marchers were greeted at the Westin Hotel by police and double barricades. None of the protestors was allowed into the hotel. Pointing out that other people were passed through the barricades, Bob Kafka of Austin, Texas, said the wheelchair protestors were being discriminated against. However, Cincinnati police captain Dale Menkhaus said that such actions, were proper when taken to protect private property from any group seeking to disrupt other lawful gatherings. The following day Kafka and fellow Texan George Cooper of Dallas dragged themselves onto a City Metro bus, paid their fares, and were arrested. They were reportedly told that “it’s not safe for disabled people to be on the regular bus.” The two were later released on $3,000 bond and ordered out of town, an action that ADAPT leaders described as blatantly unconstitutional. A third protestor, Mike Auberger of Denver, who is a former resident of Cincinnati, was arrested when he attempted to block the bus on which Cooper and Kafka were riding. Auberger said he originally left Cincinnati because of that city's “nineteenth century” attitude toward persons with disabilities. None of the Queen City Metro buses are accessible to the disabled, although 87 of the buses do have lifts which have been bolted down. Metro officials estimate it would cost them $350,000 to return those lifts to operational status. A local Cincinnati disabled activist said that's why she agrees with ADAPT’s goals, even if she can't go along with their methods. Dixie Harmon, co-chairperson of the Specialized Transportation Advisory Committee to Queen City Metro and a member of the Greater Cincinnati Coalition of Persons with Disabilities, said that the city’s service for disabled riders was inadequate. A disabled person must request space 24 hours in advance from Access, the paratransit system, but even then there's not always a space. “They dictate our lives to us because we have to go and come as there's space available.” ADAPT members said that's why they were willing to go to jail to publicize their cause. Police, however, made no arrests when 15 wheelchair protestors rolled onto a highway where vehicles were traveling at 40 miles per hour and blocked seven buses that were carrying APTA delegates and their spouses to a dinner at the Pro Football Hall of Fame in nearby Canton. Police were caught by surprise, as they had barricades to turn back protestors at the entrance to the Hall of Fame. Two local disabled leaders who were accompanying the APTA delegation to the dinner were taunted as “Uncle Toms” in front of TV cameras. Early the next day ADAPT members were back in front of the Weston Hotel where they erected a huge cross and hung a wheelchair from it in a mock crucifixion. On the final day of the convention, 17 protestors were arrested when they blocked the hotel driveway and refused police orders to move. Many of those arrested were ordered to jail unless they agreed to leave town. Three protestors, Auberger, Cooper and Kafka, decided the time had come for disabled protestors to do “hard time” and ended up serving 10 days. Five other protestors were turned out of jail because they had special medical problems or speech impairments. Others were released after pleading “no contest” to the charges in hastily organized trials. “Even the story we had left town and the protest was over made TV news," an ADAPT spokesperson said.
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The Cincinnati Enquirer (This article continues on ADAPT 232 but the story is included here in its entirety for easier reading.) Title: Disabled protesters spark Metro debate BY PAUL FURIGA The handicapped protesters who halted Queen City Metro buses have left jail and Hamilton County, but the controversy they created remains. Leaders in the disabled community shied away from the demonstrations and arrests, but quietly applauded members of American Disabled for Accessible Public Transportation's (ADAPT) actions. Almost two weeks ago Cincinnati police arrested 17 ADAPT members when they attempted to block the Vine Street entrance to the Westin Hotel and the Fourth Street entrance to Queen City Metro's offices. The demonstrators came from all over the United States to protest at the convention of the American Public Transit Association at the Westin. Their protests raised hopes in Cincinnati. A fire has started; and it's important to keep the flames fanned," said Basil Vlahopoulos, co-chairman of Metro‘s Specialized Transportation Advisory Committee (STAC). “if it dies, it will take another 10 years to get it started.” Metro officials who run Access, the local transit service for the disabled, also find themselves in the public eye for the first time in several years. “I think we" understand the need is there for more service,” said Judith Van Ginkel, spokeswoman for Metro. “The question is one of funding and do we have the funds available.” “Every dollar is precious, and the issue is to put each dollar to best possible use,” said Murray C. Bond, Metro's assistant general manager. Both camps agree that the ADAPT visit raised the public awareness of public transportation for the handicapped. Both also agree that a big debate on Access is in the future, the result of the ADAPT visit and recent changes in federal regulations. Metro officials and handicapped leaders do not agree on the extent of problems with the current situation, or on the solutions that might improve transportation for the handicapped. At Metro, Access manager Carl Palmer and Bond point out that each one-way Access trip costs taxpayers more than $10. The annual cost for Access, Palmer said, is more than $1 million. For that money, he said Metro makes an estimated 105,000 one-way trips for passengers each year, charging them 60 cents each. Palmer said Metro turns away only 4% to 5% of those who call to schedule Access service. But he acknowledges that Access meets only 6% of the estimated potential demand in Hamilton County. A new federal interpretation of regulation 504, which mandates handicapped service, will require Metro to add about $200,000 to its Access service in 1987. That may allow service with two to three new vans, Palmer said. But even that, he said, will not make much of a dent. Bond says he sees few alternatives. As expensive as the Access service is, he argues that it would cost $6 million to equip Metro's 379-bus fleet with lifts that would accommodate handicapped passengers in lieu of Access.
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Rocky Mountain News, Fri., Sept. 2, 1977, Denver, Colo p.6 [Headline] Handicapped seek ruling on RTD service By CLAIRE COOPER News Staff Wheelchair-bound witnesses Thursday urged a federal judge to order the Regional Transportation District to equip new buses with devices to facilitate transportation of the disabled. RTD has 231 buses on order. Only 18 of them will be outfitted for passengers in wheelchairs. Handicapped and elderly plaintiffs have filed a lawsuit in Denver U.S. District Court claiming RTD will discriminate against them if it fails to provide them with suitable bus transportation. The plaintiffs have asked that the buses be equipped with boarding ramps or hydraulic lifts and with interior devices to hold wheelchairs in place. During the hearing before Judge Richard P. Matsch, an arthritic youth complained that he faces “social isolation“ because of lack of transportation. ROBERT CONRAD SAID. “lf l don‘t get out, l’ll go crazy. I don't like looking at four walls." Conrad said it’s often impossible for him to board regular buses because oi‘ the pain in his legs. When he can do it, he said, he suffers embarrassment because it takes him three minutes to negotiate the steps. Other witnesses also complained about the social and psychological consequences of being unable to use the public transportation system. Glenn Kopp said he feels like “a second-class citizen.” Kopp is co-director of Atlantis Community Inc., an organization of disabled persons. His job is to help the handicapped become self-sufficient. But for Kopp to go to work, he said, "I have to depend on somebody to pick me up.” Carolyn Finnell said, “I just don't like using people as tools" for transportation. Marilyn Weaver said the lack of transportation isolates her from" her friends and her parents. "They do come to see me, but it would be nice sometime to go home," she said. Ms. Weaver and others testified that economic burdens are forced on them by the necessity of hiring private transportation. Ms. Weaver said she spends about $120 a month, one-fifth of her income, for “ambocabs," a private taxi service for passengers in wheelchairs. Ambocab charges $18 for a round trip, Kopp said. Ms. Weaver claimed the high cost deters all but essential use. “I should be getting therapy more than I do,“ said the 38-year-old polio victim, adding that her financial situation determines whether she can afford transportation to her therapist. SEVERAL WITNESSES said confinement to their neighborhoods means they have to pay more for groceries and other necessities. Kopp said he doesn’t like to ask friends to take him shopping because it takes along time him to go through the stores. The witnesses said RTD’s HandiRide service for the disabled isn't a good solution to their transportation problems because it makes only scheduled stops at medical facilities, schools and places of employment. Ms. Weaver, who works at Atlantis, said she takes the HandiRide to work because she starts at a set time. But she has no set quitting time, so she can't take it home. According to the complaint, HandiRide serves fewer than 150 persons. The complaint says about 17,600 persons in the Denver-Boulder area are being denied public transportation because of "unnecessary physical and structural barriers in the design of transit buses." Lawyers representing RTD have not presented defense testimony. The hearing continues Friday.
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Denver Post Thurs., Sept., 14, 1978? or 9? [Headline] One arrested during confrontation Photo by Denver Post photographer [Kunn B*s*0?]: Two people in uniforms carry a woman along a corridor. One has her under her arms, the other by the legs, which are crossed. A man in a suit looks from a distance down the corridor. Caption reads: Demonstrator Patsy Castor is carried from RTD building. She was one of more than 20 ejected after refusing to [unreadable.] Handicapped Protesters Forcibly Ejected From RTD Offices By BRAD MARTISILS, Denver Post Staff Writer One man was arrested and more than 20 handicapped protesters, some wailing and yelling and others kicking and resisting, were ejected forcibly from RTD headquarters Wednesday afternoon after they refused to leave voluntarily. The single arrest was made after Jeff Franek, 24, or 1123 Adams St. [unreadable] struck and knocked down an RTD employee. Franek, who isn't handicapped, was booked on suspicion of assault and released on a $50 cash bond. The demonstrators were removed from the building by about eight Denver policemen assisted by ambulance crews from Denver General Hospital. The ambulance [unreadable] there to assist demonstrators confined to wheelchairs included paramedics trained to handle disabled persons. Police also arranged for [unreadable] ambulance cabs to provide transportation for the demonstrators desiring it. THE PROTESTERS had occupied the fifth floor of RTD offices at 1225 S. Colorado Blvd earlier Wednesday. lt was one of a number of demonstrations over the past few months aimed at pressing RTD officials to provide more service for handicapped persons on regular bus routes. Protesters said they had planned to stay in the offices for three days. But when RTD's Executive Director John Simpson met with them shortly after 5 pm he explained that the building was closing and that they couldn't stay. The protesters refused to meet with him in a downstairs conference room. SIMPSON WAS interrupted by catcalls several times as he tried lo speak to the protesters. "You're not leaving me many choices," he told them when they refused to leave. Bob Conrad, 29, of 750 Knox Court, acted as spokesman for the protesters. When Simpson tried to explain RTD's policies, Conrad said he had been hearing the same explanations for years. "John, you've been telling us the same crap for three years," Conrad said. "We are being denied our rights because we can't ride the buses." Conrad said his group wants to take advantage of regular bus service. But Simpson said such service simply doesn't work for the handicapped. He pointed to a program in St. Louis, in which lifts were installed on 157 buses. In a year's time, he said, only 1,000 rides were given to persons in wheelchairs, at a cost of $200 per ride. THE IMPEDIMENTS to travel for the handicapped aren't primarily with buses," Simpson said. "Studies have shown that inability to get over curbs, to get to the bus stop, and to travel from the bus are much more important factors." Simpson said RTD's service -- which is due to be expanded -- is a better alternative than putting lifts on all buses. He said RTD's service accommodated more than 45,000 trips for handicapped persons in 1977, at a cost of about $10 per trip. He said service to the homes of handicapped persons is being provided by 12 special HandyRide buses. He said 18 more lift-equipped buses soon will begin running on fixed, circular routes, once their lift mechanisms meet the standards of the Denver Commission on the Disabled. Finally, he said 10 more specially equipped buses will soon begin running between RTD Park and Ride areas and various college campuses and shopping centers, where many handicapped persons need transportation. THE HANDYRIDE service operates by subscription, meaning the potential riders must arrange with RTD for the buses to stop at their homes. The fares are the same as for regular bus service. Simpson said the subscription service is filled to capacity, serving 55 wheelchair users and 78 persons with other disabilities. He said there is a waiting list of persons wishing to take advantage of the service. Simpson said equipping RTD buses with lifts to accommodate persons in wheelchairs would cost $4 million. Annual operating costs would be more than $6.5 million, he said. However, the protesters didn't hear his facts and figures because they refused to meet Simpson in the conference room and then were ejected. SEVERAL OF the protesters struggled violently when they were ejected from the building. At least one, Patsy Castor, 18, was slightly injured. She was hauled from the building struggling violently with ambulance crews call to assist police officers. A few onlookers said attendants purposely dropped her outside the door. Others said she struggled so violently that they dropped her accidentally. Wade Blank, director of the Atlantis Community for the handicapped in Denver, said the group was prepared for everything but forceful ejection. "We've asked to be arrested," he said, "But the way things look, I don't think we even have the right to expect that."
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San Antonio Light, April 21, 1985 Viewpoint Thomas F. Brereton [Headline] Give handicapped the transit they deserve PHOTO: Head shot of a man in suit and tie, with a beard and moustach. He is smiling, and he appears to be Brereton. San Antonio's convention calendar features an unwanted bonus this weekend: some out of town demonstrators who have vowed to disrupt a conference at the Hyatt, in order to focus attention on a neglected national issue. The American Disabled for Accessible Public Transit (ADAPT) are the unwelcome guests at the American Public Transit Association's western regional conference. They have been similarly unwelcome guests at APTA conferences in Denver, San Diego, and Washington, D.C., where 28 members were arrested for civil disobedience last October. So now San Antonio's VIA Metropolitan Transit gets to take its turn playing cat's paw to make their point. ADAPT's demand is a simple one: civil rights for the handicapped, specifically the right to ride the same bus as everyone else. This means requiring public transit systems to make all of their mainline services fully accessible, particularly by installing wheelchair lifts instead of relying exclusively on separate “para-transit” services like VIA-Trans. They contend that this dual service system is a segregationist anachronism: 25 years ago blacks could at least ride in the back of the bus: today the handicapped still can't even get on board. At first blush, it may seem hard to believe that a person who is wheelchair-bound would really prefer to struggle to and from the bus stop in order to ride a regular bus, rather than being picked up and delivered door-to-door in a specially equipped van. But there are some real problems with a van service which makes it inherently less usable than full access to the regular transit network. First there is the matter of registration. In order to ride VIA-Trans, you have to be certified by a physician or a social service agency as completely unable to use the regular bus. As a result, there are only about 7000 people registered in Bexar County. Estimates of the potentially eligible “mobility-impaired" population range from 12,000 to 52,000, depending on whose definition you accept. Out of town visitors, of course, have a special difficulty of making arrangements in advance. Then there is the matter of time. You have to call and make a reservation at least two hours ahead, and preferably a couple of days. This may be okay if you know you have a doctors appointment every Wednesday at 2 o'clock. but it is no way to go out drinking with your friends on the spur of the moment. And since this is a shared-ride system, you will probably have to leave a lot earlier than you would like, and then to endure a long, circuitous journey to your destination, while other passengers are picked up and dropped off en route. So imagine yourself now in a wheelchair. Which would you rather do: Wheel yourself down to the nearest bus stop to get on a bus and go whereever it takes you, or call VIA-Trans a couple of days in advance to make a reservation? You don't have to buy ADAPT's tactics in order to see their point. Handicapped people naturally want to be as independent as possible, with a minimum of degrading “special privileges." On the other side, transit authority spokesmen ridicule the demand for wheelchair lifts as economically prohibitive and technically impractical. A study by the National Research Council's Transportation Research Board estimates the total additional cost of operating a fully accessible fixed-route bus system at about $2,000 per year per lift-equipped bus. But unlike VIA-Trans, where more riders automatically mean more vans and drivers - at an average actual cost of $l0.70 per trip — this cost does not increase appreciably with greater use by the handicapped. Opponents of accessible transit also object that the wheelchair lifts break down too often. And, you would have to take some regular seats out of the bus, to provide space to secure the wheelchairs. And the requirements of operating the lift would throw the bus off schedule, because the driver would have to take extra time to assist the passenger. In reality, the actual number of times per day you would have to stop the bus to use this lift makes nonsense of this argument. But what about the problem of getting to and from the bus stop, along streets without curb cuts and often without sidewalks? This objection is an excuse for not solving one problem because there are other problems beyond it. If you were in a wheelchair, you would probably need to live in a different house, too. You would consider this a factor before you moved. Note that this is not an either/or proposition, between specialized vans and lift-equipped buses. The same study by the Transportation Research Board estimates that only 30 percent of the "severely transportation handicapped" could use an accessible fixed-route bus. The other 70 percent — those on medication, with mental impairments or multiple handicaps — would still need to rely on VIA-Trans, taxicabs, or other means to get around. To me. this whole argument is pretty one-sided. The real clincher is the simple fact that other cities have already done what VIA says is impossible: to provide full accessibility on their mainline services. The old excuses won't wash anymore. it's time we stopped putting a price tag on people's dignity and independence. Tom Brereton is a former professor of urban studies at Trinity University.
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San Antonio Light, Monday April 22, 1985 METRO Section PHOTO by Jim Blaylock, San Antonio Light: ET, Earnest Taylor, holds his long lanky self in a wheelie on his manual wheelchair down on street level while other folks in wheelchairs and a couple of touristy looking walking people go by on the sidewalk by the edge of the hotel A woman in a motorized wheelchair up ahead has a sign on the back of her chair. Behind ET on the sidewalk, George Roberts?, rolls his motorized chair forward; he is wearing a cowboy hat and has a camera on a tripod attached to the front of his wheelchair. Caption reads: EQUALITY IS THE ISSUE: Members of the American Disabled for Accessible Public Transportation temporarily blocked the lobby of the Hyatt Regency Hotel yesterday afternoon to protest the lack of transportation access to the handicapped. [Headline] Protesters on Wheels Want Access By Laura Fiorentino [This article continues in ADAPT 185 but the entire story has been included here for ease of reading.] About 75 placard-carrying people in wheelchairs rolled through downtown streets, then stormed the lobby of a hotel, to protest the lack of transportation access to the handicapped. More than 30 San Antonio police officers were called in to keep the peace as the protesters, who belong to the American Disabled for Accessible Public Transportation (ADAPT), temporarily blocked the Hyatt Regency Hotel lobby yesterday afternoon. The demonstrators – many who had traveled from as far as Denver and El Paso – came to San Antonio yesterday to emphasize the need for wheelchair accessibility to conventioneers attending the American Public Transit Association’s weeklong meeting at the hotel. The group assembled at the Alamo, then moved to the Hyatt, which they circled four times before entering the lobby. “We’re talking about equality.” Mike Auberger of Denver, an ADAPT spokesman, said. “For so long blacks were separated, and that’s what we see happening here. The cost of these lifts isn’t what we’re talking about. It’s integrating everyone into the system.” In addition to the protesting transportation group, ADAPT also condemned the lack of wheelchair lifts VIA Metropolitan Transit buses and trolleys. Auberger said there are about 12,000 people in the San Antonio are confined to wheelchairs. He said only a small number of those are served by special buses provided for the handicapped every day. He said seven of the protesters outside the hostel yesterday were from San Antonio. But VIA General Manager Wayne Cook said local handicapped population does not want wheelchair lifts and instead prefers door-to-door service provided by special buses. “They (wheelchair lifts) are not an option,” Cook said at the hotel. “The local handicapped population does not want it. They want door-to-door service. We spent $1.2 million on the handicapped this year. They told us they don’t want lifts - they want special VIA trans buses instead.” Cook said each wheelchair costs about $15,000 and extra funds would be necessary to train a staff to maintain them. “What’s the point in having the ability to vote if you can’t participate?” Auberger said. “How can you give handicapped individuals jobs if they can’t get to work? Association officials at the hotel said that while they understood the protesters’ desire they agree with allowing each city to decide whether to install the lifts. “I sympathize with their desires and I wish I had the resources to make them (buses and trolleys) more accessible,” said association spokesman Jack Gilstrap, who met with the protesters before they disbanded. “The ironic aspect to all this in that we are on the same side. We want the best for the handicapped. We feel the courts’ decision that each city should decide how it should be handled is correct. They (the protesters) believe that ought to be dictated by Washington,” Gilstrap said.
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San Antonio Express News, 4/22/85 Photo by Express News: A woman stands (Doris Rae?) behind an older man in who is seated (Frank McColm). Both are yelling, their faces full of passion. caption reads: wheelchair protesters [Headline] Disabled blast transportation, Protest inaccessibility by Gary Martin, Express-News Staff Writer About 50 disabled rights activists from across the nation rolled through downtown San Antonio streets in wheelchairs Sunday, protesting inaccessible public transportation for the handicapped. The group of protesters, American Disabled for Accessible Public Transportation (ADAPT), headed the march into the lobby of the Hyatt Regency Hotel where the American Public Transportation Association (APTA) is holding a five-day conference. Chanting “We will ride" and “Access now," the group presented a resolution to APTA officials, asking for support of federal regulations that would force local communities to install wheelchair lifts in all public transportation vehicles. Jean Stewart, spokeswoman for ADAPT, said the group wants 100 percent accessibility to all public transportation nationwide and accused APTA of segregating disabled riders by not supporting federal regulation of the industry. “To us there is no difference between riding a different bus and riding in the back of a bus if you’re black,” said Stewart, a resident of Poughkeepsie, N.Y. A San Antonio marcher, Rachel Rodriguez of 7180 Oaklawn Drive, said she was forced to ride VIAtrans vans in San Antonio because buses were not accessible for handicapped patrons. “You feel like your rights are violated,” she said. “lt‘s not a matter of riding in the back of the bus, it's a matter of not riding at all.” The group met wit APTA officials only after refusing to leave the Hyatt registration desk. Defending current policies of APTA, Vice President Jack Gilstrap said each community should have the opportunity to design its own system for its own particular needs. "There is no place for federal regulations,” he said. Gilstrap also accused the ADAPT group of trying to take away “this wonderful system" that has increased its service to disabled riders by l0 times over the past few years. Hecklers attacked Gilstrap and the VIA Metropolitan Transit System saying the convention site, San Antonio, had the worst accessible public transportation system in Texas. Although no VIA officials attended the rally, General Manager Wayne Cook said the local system contains 20 vans that carry 9,000 disabled riders each month. Cook said VIA purchased the vans instead of placing lifts in its buses after a committee representing the disabled requested the special access vans. At a cost of $1.2 million, Cook said the local system will spend four times more for disabled riders than the federal government requires. “We are very dedicated to serving the handicapped in San Antonio," he said.
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Name of newspaper illegible Los Angeles Times? November 19,1984 Handicapped Stage Protests to Publicize Transportation Needs by Miles Harvey, Times Staff Writer PHOTO: Mary Frampton / Los Angeles Times A tidy looking woman in pants and a vest, with a slight smile on her face, sits in a manual wheelchair on a bus. She is sitting in the accessible doorway, the access symbol visible on the side of the doorway. Below and beneath her is a metal panel, like the barrier on some lifts that keeps the person from rolling off the front of the lift. Caption reads: Barbara Trigg rides a hydraulic lift onto a Los Angeles bus. Article reads: Washington -- It was a scene reminiscent of the 1960s civil rights demonstrations as angry protesters chanted slogans, picketed the White House and stopped traffic before they were finally dragged away by police. And the series of confrontations that ended with 27 arrests last month seemed to come down to a similar central issue— the right to sit on a bus, to have full access to public transportation. There was one striking difference, however. Unlike Rosa Parks and the black civil rights activist who battered down the Jim Crow barriers in the South, these protesters were in wheelchairs, and their goal was equal access for the physically handicapped. “It's a civil right to be able to ride public transportation," said Julia Haraksin, a wheelchair-bound Los Angeles resident who participated in the demonstrations. “In the ‘60s, the blacks had to ride in the back—and we can't even get on the buses." New, Radical Tactics Organizations representing handicapped persons long have urged Washington to require that new buses and rail systems built with funds from the Department of Transportation's Urban Mass Transportation Administration be equipped to accommodate handicapped riders. But Haraksin and other handicapped individuals like her now are beginning to press the old arguments with new, more radical tactics. Frustrated by years of negotiating, lobbying in Washington, going through the courts and staging non-confrontational protests, some members of the handicapped community now are resorting more actively to confrontations and civil disobedience. Thus, early in October, 100 members of a newly formed coalition called American Disabled for Accessible Public Transit confronted a national meeting of city transportation heads here, using the kind of civil disobedience tactics used 30 years earlier by Dr. Martin Luther King Jr. Protesters were arrested when they blocked entrances and buses of those attending the American Public Transit Assn. convention. The strategy was to physically be a barrier because handicapped people have to face barriers all their lives," Wade Blank, a founder of Denver-based ADAPT said. Calling the protests here " Selma," leaders of ADAPT claimed victory and promised that their struggle has only begun. They already are focusing their efforts on what they hope will be a larger demonstration at the next meeting of the American Public Transportation Assn. a year from now in Los Angeles. But they and their cause may be in for a tough battle. Their opposition comes from the Reagan Administration, from many city governments and even from within the handicapped community. And as public attention focuses on the underlying budget choices involved, the opposition may swell with the addition of taxpayers concerned about the possible costs of a national full-access program. ADAPT argues that a legal right to full access for the handicapped already exists. Federal law states that Urban Mass Transportation Administration funds — which account for about 80% of the costs of new and replacement equipment in most municipal transportation systems—cannot be spent on programs that discriminate against, or exclude, the handicapped. The law does not make clear, however, whether handicapped persons must be provided with access to regular bus lines or whether they can instead be provided with alternative transportation systems. Nor does it indicate who should make that decision. Cities Make Decisions Current Transportation Department policy, which is strongly supported by the American Public Transportation Assn., allows each city to make its own decision on what type of transportation it will provide for the handicapped. This is in sharp contrast with Carter Administration policy, which in 1979 interpreted federal regulation to mean full access. Members of ADAPT, opposing the separate-but-equal philosophy of paratransit argue that it does not meet the needs of the handicapped and that it is inherently discriminatory. "It segregates the disabled people from the able-bodied community," Mike Auberger, an organizer for ADAPT, said. Because paratrasit requires advanced scheduling [unreadable] a ride is needed, he said, “you have to schedule your life according to the system. No one else has to do that. That shows the inequality right there." He and other members of ADAPT contend that because of long waiting lists for paratransit, some cities refuse to offer the service to new users - thus cutting off thousands of handicapped persons from any public transportation. Transit authorities, on the other hand, argue that full access can be too expensive, given the low percentage of handicapped riders in many cities. Lift-fitted buses cost an estimated $8,000 to $10,000 more than regular buses. Furthermore, lift systems are often unreliable and time-consuming to operate and maintain, transit administrators say. In Denver, for example, the transportation district has spent $63 million to purchase or retrofit buses with lifts. 80% of which was paid for by the federal government, according to spokesman Gene Towne. Since it started mainline access in 1982, the district has spent close to $1 million in maintenance of the lifts and expects to spend an additional $900,000 this year. Yet of the district's total annual ridership of 38 million, only 12,000 use the lifts, according to Towne. ADAPT counters that the issue is not cost but civil liberties. “In America we have a way of hiding, our prejudices with pragmatism," said Blank, a Presbyterian minister and veteran of the civil rights and anti-war movements of the 1960s who now supports handicapped activists. Variety of Approaches Across the country, cities are using a variety of approaches to the problems of providing mass transit for the handicapped. In Los Angeles, mainline access is required by state law. Although 1,850 of the Southern California Rapid Transit District‘s 2,400 buses are fitted with wheelchair lifts some local advocates charge that the RTD gives only "lip service" to access, complaining of broken lifts, drivers who do not know how to use the equipment or refuse to do so and an overall lack of commitment to providing access. The system provides only about 1,400 rides a month according to the RTD. Handicapped activists charge that the low ridership is attributable to the system's poor management. There were and are people in the operation department (of the RTD) back there who were and are opposed to the idea of access from day one," Dennis Cannon, a Washington-based expert who helped to plan the RTD's access program in the 1970s said. But in the last six months, the RTD has made "a major effort" to overcome the problem, according to RTD General Manager John A. Dyer. The system boosted its fiscal year 1985 budget for handicapped service by $3 million, to $4.9 million, to provide for a program to educate drivers and upgrade the quality of equipment and service. In Oakland, half the city's 800 buses are lift-equipped and all of the Alameda — Contra Costa Transit District's new buses will be lift-equipped. Seattle’s Services In Seattle, 570 of 1,100 buses are accessible to the handicapped, providing about 5,900 rides a month. The Municipality of Metropolitan Seattle also contracts with private groups to supply paratransit bus and half-fare cab service, providing a total of 8,400 rides a month in Denver. 432 of the city's 744 buses are lift- or ramp-equipped, providing more than 1,000 rides per month. The city also uses 13 vans and small buses in a paratransit system that provides 3,200 rides a month. In New York City, where an estimated 35% of all the transit passengers in the country use Metropolitan Transportation Authority vehicles each day. half of the city's 4,333 buses are fitted with lifts. The city has no figures on how many handicapped riders use the system, but one official calls the number minuscule. A new state law calls for $40 million over the next eight years to retrofit “in the neighborhood of 30" subway stops for handicapped use, according to a transit authority official. In addition the law will increase the percentage of lift-equipped buses to 65% of the fleet, as well as provide a paratransit system in the city by 1988. Minneapolis-St. Paul uses 45 paratransit buses and contracts with private cab companies to carry handicapped persons in all, the city provides 40.000 trips a month. None of Chicago's 2.400 regular buses are fitted with lifts. Instead the city provides 42 paratransit buses, which offer 12,000 rides a month. Additionally, 14 of the city's subway stops have been retrofitted for handicapped access and 300 of Chicago's 1,100 subway cars are accessible. If there is a diversity of approaches to the problem, there is also a diversity of views on the militant new tactics used by ADAPT and its supporters. The views of the handicapped people are all over the lot on what type of transport they'd like," Bob Batchelder, counsel for the APTA, said. But transit specialist Cannon, himself a wheelchair user, counters: “I'm talking to disabled people who wouldn't do what ADAPT does ... but who support what they are doing and think it needs being done." Whether ADAPT's controversial style will work remains an open question. While no negotiations are scheduled, ADAPT leaders vow to continue to harass association meetings. But in Los Angeles, the RTD's Dyer indicated that he hopes demonstrations will be replaced at next year's convention with “serious dialogue and discussion of the issues." "It’s a new thing for the disabled to see themselves with power," ADAPT's Auberger said, "but it's also a new experience for the powers that be."
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METRO Magazine March/April 1989 pp.18 - 21 Court Rules On Wheelchair Accessibility U.S. Court of Appeals orders that all new transit buses be wheelchair lift-equipped and paratransit service provided. by Jason Knott (This story continues through 484, 471, 470, 465, and 466. However, the entire text of the story is included here for ease of reading.) DRAWING: A large balance scale with a bowl hanging from each side of the balance. One bowl has the acronym APTA in it, the other has ADAPT. QUOTE below the picture: “I don’t think the government should mandate installation of lifts. It can become expensive for the smaller transit properties." —Davis There are more than 40 million disabled Americans and an estimated 67 percent of them are unemployed, according to the National Easter Seal Society. Meanwhile, a recent Harris poll revealed that three out of every 10 disabled persons say they cannot work because of a lack of accessible transportation. Moreover, the same poll shows that 49 percent of the disabled believe their mobility is limited because of transportation barriers. These statistics confirm that public transit accessibility is an important ingredient to mainstreaming the handicapped into society. On the flip side of the coin are the public transit authorities who are in the business of transporting ambulatory, as well as handicapped, persons in the most economical method possible. It would seem that the handicapped, who depend on public transit, would be natural constituents of transit agencies; however, the two groups have been at odds for years, grappling with each other over the accessibility of service. In particular one handicapped rights group — ADAPT (Americans Disabled for Accessible Public Transit) — has been fighting with public transit across the nation. ADAPT wants every fixed route transit bus equipped with a wheelchair lift. In order to express its point, the group conducts disruptive protests at conferences held by the American Public Transit Association (APTA). (See September/October 1988 METRO Magazine, “When Rights Clash," page 79) Today, disabled Americans can chalk up a victory in their constant battle for a broader distribution of handicapped-accessible transit service. On February 13, a federal appeals court ordered the U.S. Department of Transportation to require transit authorities to equip all newly purchased buses with wheelchair lifts. The 3rd Circuit Court of Appeals in Philadelphia also determined the 3 percent cap placed on transit agencies for handicapped expenditures was too low in the case entitled “ADAPT vs. Burnley." Wade Blank. director of ADAPT, applauded the court decision, saying the ruling is significant in the sense it is "evolutionary." Blank said, "We are now getting back to where we were in 1978. When we filed originally, we targeted the 3 percent cap. We decided to broaden the case because the climate in the country has changed. We talked with our attorneys and they broadened it to include the original intent of Section 504, and to really challenge the 1980 case that APTA brought. We are victorious because of a major mood change in the country regarding handicap accessibility." Blank cited two other recent rulings in Detroit and Chicago favoring handicapped accessibility. The Philadelphia ruling is in conflict with APTA's official policy, which was spelled out in a position paper reissued in October 1988. The association favors the local-option approach by which each local transit authority determines its own handicapped transportation policy. APTA's Board of Directors recently rejected a similar proposal calling for all new transit buses to be lift-equipped, according to Albert Engelken, deputy executive director. In other words, APTA believes that each local transit authority should create its own balance between demand response - or dial-a-ride — service, and fixed route accessibility. “It is very important that people realize that APTA is not against wheelchairs on transit buses," said Engelken, “rather, we are for local decision. The board of directors unanimously supports this approach. Every transit system makes their decision after in-depth consultation with the local disabled community. They are not making their decisions blindly." What next? The Department of Transportation is currently exploring its options, which include seeking a rehearing by the appeals court, appealing the-decision to the U.S. Supreme Court, or accepting the ruling. Michael Jacobson, spokesman for the DOT, could not give an estimate on when a decision might be made. An appeal is possible despite President Bush's recent campaign commitment to handicapped programs. Whether the decision will affect bus procurements that are currently - underway is unclear. Jack R. Gilstrap, APTA's executive vice president, issued the following statement concerning the ruling: “Because of the cost impact of the decision which requires lifts on all new buses plus paratransit service, and because it is inconsistent with other court decisions which create conflicting obligations on the part of the DOT and local public transit systems, APTA is urging DOT to challenge the decision." “Obviously this decision is extremely important," said Charles Cowie, national sales manager for Mobile Tech Corporation, a Hutchinson, Kansas-based manufacturer of wheelchair lifts for transit buses. “The objective is to make accessibility and mobility easier for the disabled, but to some, the decision favors a sector of the populous that is not altogether popular." “In a philosophical sense, the ruling is great," said Bill Hinze, National Sales Manager for Ricon, a dedicated lift manufacturer in Sun Valley, Calif. “It’s like a mandate for racial integration — it should have been done years ago." However, Hinze indicated he is still an advocate of demand response systems. “I don't think the government should mandate installation of lifts," said Bob Davis, vice president of Bus Manufacturing USA, a Goleta, Calif.-based distributor of semi-automatic lifts. “It can become expensive for the smaller transit agencies." The court also ruled that the current 3 percent cap on handicapped spending was insufficient; however, many agencies were already spending a higher percentage. In fact, in California and state law already requires all newly purchased transit buses to be equipped with wheelchair lifts. “Other states were already adhering to a similar policy, although it is not written in law," said Don Smith, director of marketing for Lift-U, Inc. in Escalon, Calif. According to Engelken of APTA, an average of 6 percent of transit expenditures are directed toward improving handicapped transportation already — double the required limit. Moreover, an APTA survey indicates that 31 percent of all transit vehicles are lift equipped, with the number steadily rising. The court decision comes in the wake of several different movements toward the improvement of handicapped accessibility to public transit. [Subheading] Project ACTION As part of the APTA’s Elderly and Disabled Task Force, a three-year Congressional program called “Project ACTION" (Accessible Community Transportation In Our Nation) will soon establish six demonstration sites nationwide to study handicapped transit accessibility. The National Easter Seal Society is conducting the three-year, $3 million undertaking. Congress has earmarked $1 million in fiscal year 1988 UMTA research and technical assistance funds to initiate the project, and an additional $1.35 million in fiscal year 1989. Project ACTION is designed to improve access to transit services for the handicapped. It will involve national and local organizations representing public transit operators, the transit industry, and people with disabilities in the development of a cooperative model program promoting greater access to transportation. Project ACTION is the result of a mandate from Congress to find ways to better accommodate the transportation needs of people with disabilities. The program will focus on five key concerns of people with disabilities and local transit operators seeking to improve transit: * Identifying persons with disabilities in the community. * Developing effective outreach and marketing strategies. * Developing training programs for transit riders. * Developing assistive programs for people with disabilities. * Applying appropriate technology to solve critical barriers to transportation and accessibility. “APTA’s task force is examining numerous areas to improve handicapped transportation," said Engelken. “We are looking at how to improve the marketing of service and we are struggling with the wrenching problem that exists in that area. "We have to make sure that people are riding the buses,” added Engelken. “If we don't, then the federal and state government are going to say that transit agencies are spending their money unwisely.” [Subheading] Operating costs The court decision also comes at a time when some transit agencies are lowering their wheelchair lift operating costs. In fact, figures released by ADAPT, claim that Seattle Metro operating costs were $3.13 per lift in 1987, with a reliability rate of more than 98 percent. In comparison, the Bay Area Regional Transit Association cited operating costs of $118.55 per trip for wheelchair lift-equipped transit buses among the several different transit authorities operating in the region. This disparity is due to widely different methodologies for calculating costs, a condition that has led to an absence of reliable nation-wide data. Tim Cook, director for the National Disabilities Action Center in Washington, D.C. and the attorney representing ADAPT in court, said, “I’m not sure accurate figures exist because it varies from system to system. National figures are meaningless because many systems haven't made a decision to make a commitment to accessibility." “Every property has it differently organized. Some agencies will designate one mechanic to maintain 75 to 100 lifts," said Smith of Lift-U, “But it really depends on how committed the maintenance director or general manager is to wheelchair lifts." [Subheading] Technology Mobile Tech and Lift-U manufacture electro-hydraulic passive wheelchair lifts for the transit industry. These lifts do not require the driver to leave his seat to operate the device. Ricon is a leading manufacturer of dedicated lifts, which are common on paratransit vehicles. These lifts are ideal for the handicapped, but cannot be used by ambulatory passengers. The lift does not utilize hydraulics. Another lift on the market is the AMF Hubmatik swivel-lift manufactured in West Germany. The lift is marketed in the U.S. by Bus Manufacturing USA and Ortho Safe Systems in Trenton, N.J. The semi-automatic, electro-hydraulic lift requires the driver to swivel the unit out the door for boarding and departure. It is currently in use by Sun Line Transit Agency in Thousand Palms, Calif. Due to constant R & D by the manufacturers, lift technology is dynamically improving. According to Smith, future innovations in passive lift technology will include state-of-the-art circuit boards, LED's and microchips. Cowie of Mobile-Tech predicted a 180 degree turn in technology within the next two years. Hinze indicated his company is developing a lift that can be utilized by both handicapped and ambulatory passengers and reduce maintenance costs by up to 10 percent. The court ruling does not touch upon rail accessibility at all. Installation of wayside wheelchair lifts for rail systems has not been as active as bus development. According to Smith, some transit agencies have requested lifts be designed for installation on the railcars themselves; however, because of the small demand, this is not profitable for passive lift manufacturers. More R & D is necessary on the shock and vibration of railcars to produce a passive lift that can withstand that environment. However, San Diego Trolley has been using on-board lifts for three years, and recently ordered 41 more units according to Hinze of Ricon. This onboard lift eliminates the problem of railcar operators “spotting” their stops for wayside lift access. The ruling could also mean increased specification of wheelchair restraint systems such as the one manufactured by Q'Straint in Buffalo, N.Y. The system consists of four stainless steel floor plates mounted flush with the floor. Four belts, two in front and two in the rear, and a shoulder harness and lap belt secure the rider. [Subheading] Solving the problem Despite the jubilation one might expect among wheelchair manufacturers, many seem to believe a mixture of demand response service along with fixed route wheelchair service is the ultimate solution to transporting the disabled and elderly. "The degree of demand response versus fixed route service should be a local decision," Cowie said. “It is important to mainstream the handicapped in the bigger cities through fixed route service; however, demand response is good in rural areas." These thoughts were echoed somewhat by Smith, who is a member of APTA’s Elderly and Disabled Services Task Force. "There should definitely be a mixture of services," he said. “[The government] can't dictate how every community should handle this problem. Some communities have spent a lot of money of their dial-a-ride service. You need to have a local option. “Another solution," continues Smith, "might be to make fixed route service fully accessible and let another organization — outside the realm of public transit — take care of special needs or demand response service." He believes the transportation problems of the elderly and the disabled should be handled separately. the end of article BOXED TEXT next to main article: [Heading] The Long Road To Wheelchair Accessibility A federal appeals court has ordered the U.S. Department of Transportation to require transit authorities to equip new buses with wheelchair lifts, and provide public transport for riders unable to use lift-equipped buses. Attorneys who brought the lawsuit called it the most important decision ever handed down for handicapped people needing public transportation. The decision, in the U.S. 3rd Circuit Court of Appeals was, 2-1. “We conclude that ordering that newly purchased buses be accessible to the mobility disabled does not exact a fundamental alteration to the nature of mass transportation," Judge Carol Mansmann wrote in the majority opinion. “Also, by requiring that newly purchased buses be accessible, we are not imposing undue financial or administrative burdens on the local transit authorities." In the dissenting opinion, Judge Morton I. Greenberg said the section requiring new buses to be accessible was not meant to apply to transit systems choosing a paratransit system. Timothy M. Cook, director of the National Disability Action Center, argued the case before the appeals court and called the decision, “a major, major victory for the handicapped community. We can't say enough positive things about it.” Cook expressed hope that the ruling would not be appealed in light of President Bush's recent comments about his desire to bring the handicapped into the mainstream. The Transportation Department had appealed an earlier decision by U.S. District Judge Marvin Katz in Philadelphia that canceled a 1986 department regulation calling for mass-transit authorities to spend up to 3 percent of their operating budgets on providing services for the handicapped. In his decision, Katz called the 3 percent requirement unreasonable, but ruled the department must resolve differences between equality for the handicapped and cost efficiency. Americans Disabled for Accessible Public Transportation (ADAPT) appealed Katz's simultaneous ruling that upheld the right of transit authorities to decide whether to fit vehicles for the handicapped or provide other services. The appeals court ruling affirmed Katz's decision in favor of dropping the 3 percent provision, but it reversed his other decision by ordering transit authorities to equip new buses with chair lifts or other accommodations for the handicapped.
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Page 8-A EXPRESS-NEWS, San Antonio, Texas, Tuesday, February 14, 1939 [Headline] Federal court order could have impact on VIA budget Complied from Staff and Wire Reports INSERTED QUOTE: “ The impact of the majority‘s decision will be very substantial throughout the country and will interfere with the local decision-making authority. I feel the court is overreaching." - Judge Morton Greenberg PHILADELPHIA — A court order Monday requiring the US Department of Transportation to require transit authorities to equip new buses with wheelchair lifts could have a significant impact on the budget of San Antonio's VIA Metropolitan Transit. Attorneys who brought the lawsuit that led to the ruling called it the most important decision ever handed down for handicapped people needing public transportation. Carol Ketcherside, assistant for governmental affairs to VIA manager Wayne Cook, said the wheelchair lifts add at least $15,000 to the cost of a new bus. The average life-time of a VIA bus is 12 years, she said, and when the expense is spread across a fleet of 500 buses, the cost for lifts "would be significant." The $15,000 cost does not include the cost for maintaining the lifts or for refitting bus stops to make them accessible, she said. All bus stops being built by VIA currently are accessible, however. The 3rd U.S. Circuit Court of Appeals said Monday a Transportation Department regulation requiring all new buses to accommodate wheelchairs conflicts with another allowing communities to offer only an alternative service, such as special vans to the handicapped, which VIA offers. The court said a rule requiring reservations 24 hours in advance for use of the alternative transportation hinders the spontaneous use of mass transit by the handicapped. As a result, the court ordered transit authorities to make "reasonable accommodations to their programs, i.e. purchase wheelchair-accessible buses." The court also upheld a controversial decision requiring the Transportation Department to eliminate a cap on the amount of money transit authorities need to spend on making transportation accessible. A federal judge ordered VIA in 1985 to upgrade its services for the handicapped following a class action suit brought in 1983. The bus company's response was to create VIAtrans, a fleet of specially equipped vans that provide service to the handicapped who give advance notice. Ketcherside also said VIA already spends more than the 3 percent maximum the Transportation Department can require for its accessibility programs. "We far exceed the requirements of the federal government" she said. She said VIA will have to wait to see whether the Transportation Department will appeal the ruling or issue new regulations in accordance with the appeals court order to determine how it will affect the transit company. A coalition of disabled people and 12 organizations called Americans Disabled for Accessible Public Transportation (ADAPT) filed the lawsuit last year that led to the appeals court decision. ADAPT contended that a provision of the federal regulations allowed authorities receiving federal transportation funds to exclude the handicapped from "effective and meaningful" access. The provision allows transit authorities to decide among three types of handicapped-accessible transportation: accessible buses, vans for the handicapped, or combination of the two. U.S. District Judge Marvin Katz overturned the provision in cases where the transit authority buys any buses. He also overturned a regulation requiring authorities to spend no more than 3 percent -- of their average annual operating budget on transportation for the handicapped. Katz called the limit arbitrary and said it allowed transit agencies "to eviscerate the civil right" to transit service that Congress mandated for the handicapped. Circuit Judge Carol Las Mansmann in writing the 2-1 opinion also cited Congress' intent. "Congress wanted to provide the disabled with the capability to utilize mass transit to the 'maximum extent feasible.' The DOT has failed to show that requiring the future purchase of accessible buses oversteps this legislative intent." Mansmann wrote. In a dissenting opinion, Judge Morton Greenberg said the section requiring new buses to be accessible was not meant to apply to transit systems choosing paratransit system, such as special vans. He also [said] the 3 percent cap was not arbitrary. “ The impact of the majority‘s decision will be very substantial throughout the country and will interfere with the local decision-making authority," Greenberg wrote, "I feel the court is overreaching." Timothy Gold [Cook] who argued the case before the court, said the ruling was “a major, major victory for the handicapped community ... we can't say enough positve things about it." Gold [Cook], who is now director of the Washington-based National Disability Action Center, said he hoped the ruling would not be appealed in light of President Bush's recent comments about wanting to bring the handicapped into the mainstream."
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2/89 New York Times [Headline] Court Orders Buses Fitted for Handicapped PHILADELPHIA, Feb. 14 (AP) - A Federal appeals court ordered the Department of Transportation on Monday to require transit authorities around the country to equip new buses with wheelchair lifts. In its ruling, the United States Court of Appeals for the Third Circuit, in Philadelphia, said another Transportation Department regulation allowing communities to offer the handicapped services like special vans hindered the spontaneous use of mass transit by the disabled. The court also upheld a decision requiring the Transportation Department to eliminate a 3 percent limit on the amount of money transit authorities must spend to make transportation accessible. The lawsuit, filed by Americans Disabled for Accessible Public Transportation, a coalition of disabled people, and 12 organizations, attacked a provision of the Federal regulations on public transportation that allows local authorities to offer people in wheelchairs transportation in buses, special vans or a combination of the two. Judge Carol Los Mansmann of the appeals court, writing the 2-to-1 decision, said, "Congress wanted to provide the disabled with the capability to utilize mass transit to the ‘maximum extent feasible.'" Timothy M. Cook, director of the Washington-based National Disability Action Center, who argued the case before the court, said the ruling was "a major, major victory" for the handicapped. But a spokesman for transit agencies said the ruling did not address vexing problems. Albert Engelken, deputy executive director of the American Public Transit Association, said wheelchair lifts receive limited use where they exist and are an added expense to transit agencies at a time when Federal subsidies have been dwindling. Many local transportation officials declined comment on the ruling because they had not seen it. But Peter Dimond a spokesman for Massachusetts Bay Transportation Authority in Boston, said, "we have made a pledge that all buses we purchase in the future will be lift-equipped." It costs $15,000 to equip a bus with a wheelchair lift and buses cost about $200,000, according to Joaquin Bowman, a spokesman for the Southeastern Pennsylvania Transportation Authority.