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ADAPT (596)
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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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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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 Tuesday, April 23, 1985 Metro, 9-A PHOTO by Jose Barrera: An angry looking Mike Auberger sits in his power chair holding a picket sign that reads "American Disabled for Accessible Public Transit" and the first letter of each word is dark so when you read down instead of across it reads ADAPT. Mike has on his no steps logo ADAPT shirt, and the large sign is taped to his wrist. Caption reads: MIKE AUBERGER OF THE DENVER CHAPTER OF ADAPT HOLDS SIGN WHILE BLOCKING DOOR . . . about 60 members of the group protested at VIA headquarters and held employees hostage. [Headline] Protesters hold workers hostage by Arthur Moczygemba, Express News Staff Writer Members of a group wanting improved access for the handicapped invaded the VIA office at 800 W Myrtle on Monday and used their wheelchairs to block all access to the building for about 90 minutes. Some 34 VIA employees held hostage inside their offices were released after police negotiated for a meeting with local and national transportation officials. The later session led to an airing of demands by about 60 members of the American Disabled tor Accessible Public Transportation. Police rented vans, in case the protesters were arrested. Bernie Ford of Chicago, president of the American Public Transit Association, and Wayne Cook, general manager of VIA, met with the ADAPT members Monday afternoon, but both sides stuck to their respective positions on public bus access for the handicapped. Ford was in San Antonio to attend the western conference of APTA, meeting at the Hyatt Regency Hotel through Wednesday. About 15 police officers were on duty there, Toscano reported. Ford refused to grant the ADAPT members 20 minutes of speaking time before the general transit membership, saying that a scheduled Wednesday work session on handicapped access was sufficient for consideration of the problem. Laura Hershey of Denver and Jean Stewart of Poughkeepsie, N.Y. listed the ADAPT demands, which included a policy change by the mass transit system that all new buses purchased be equipped with lifts that allow wheelchair-bound persons to use buses. ADAPT claims that it costs $8,000 to $10,000 to equip a new bus with lifts for the handicapped, while air conditioning a bus costs more “and doesn't always work." “It's a question of priorities," said Mike Auberger of Denver, where ADAPT is headquartered. After a 30-minute session, the only agreement between the ADAPT members and Ford was allow the group to publish an article in the September issue of the association's monthly newspaper. Cook was grilled about the San Antonio situation by Bob Kafka of Austin, a Texas ADAPT official. Cook said the VIA Para-Transit system used in San Antonio, which uses specially equipped vans to transport the handicapped was implemented upon recommendation by a 26-member task force, which included handicapped persons. “This is why you don‘t see San Antonians join your cause,” Cook said. Kafka retorted that numerous San Antonio handicapped members have contacted ADAPT, and refuted Cook's contention that the majority of the local handicapped persons support the VIA Para-Transit program because it is segregationist. “This is not to say you're lying,” Kafka told Cook, “but you are distorting the truth." The ADAPT members then read a statement submitted by Willis Williams on behalf of the San Antonio Citizens Concerned about Handicapism. The SACCH statement said the group declined to participate in the ADAPT demonstration but added: “It is our long-standing position to support the concept of a multimodal system with both lift-equipped mainline buses and door-to door service vans as the best and most economically sound approach for San Antonio." The statement was issued on behalf of Larry Johnson, chairman of San Antonio Independent Living Services, and Joyce Jenks, president of SACCH. "Twenty (VlA) vans cannot possibly serve 50,000 mobility impaired citizens," according to Jenks. The 60-member ADAPT group was composed mainly of Texans, with - others from Colorado, Illinois, and New York. Three people attending the protest identified themselves as San Antonians who came as individuals because their organizations are tax-exempt and do not participate in demonstrations. Tommy Leifester, 1100 Callaghan, said the VIA task force did not represent the majority of San Antonio handicapped. Leifester assisted Toscano in the negotiated settlement. Leifester stated that although local handicapped persons were not very visible at the protest, "This will help get our story out in public. VIA has been putting out only one side of the story." During the shuttle diplomacy segment the protesters chanted: “We will ride! Access now!" and demands for Cook to meet with them. Cook was not in his office since he was attending the mass transit convention at the hotel. He arrived at 12:10pm. Although the VIA employees were released about 12:30 p.m. and given the rest of the afternoon off, ADAPT members stayed until Ford showed for the meeting about 2:30 pm.
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[Headline] PROTEST: VIA demonstration PROTEST/from B1 door-to-door service,” Cook said. “It’s an effective way to provide transportation. That’s why you don’t see a lot of San Antonians joining you.” But some people speculated the lack of local participation meant the San Antonio handicapped community either is afraid to speak out or did not have transportation to get to the demonstration by ADAPT members from other parts of the country, including Denver and New York. While yesterday’s demonstrators did not include San Antonians, a local handicapped man was summoned by Police Chief Charles Rodriguez to help mediate. "There is a definitely a problem here in San Antonio,” said Tommy Leifester, who calls himself a local leading handicapped rights activist. He said the city’s van system that transports the handicapped has several inadequacies, including a requirement that users must request service up to a week in advance. “If I don’t have a medical certificate and prior approval by VIA Transit, then I don’t ride,” he said. “There’s a judge and a jury who says you can ride a bus. A normal person doesn’t need a medical qualification to ride a bus.” ADAPT leaders said they have asked transit association leaders to introduce a resolution to the full APTA membership proposing the handicapped be provided equal accessibility to public transportation. Ford told the demonstrators the APA board’s policy allows officials from various transit authorities to decide the best ways of serving handicapped people in their separate communities. “APTA has no power to force its attitudes on its members,” he said. “The local option makes sense.” Ford yesterday did grant ADAPT leaders their request to publish an article in APTA’s trade magazine by September. “We got one tiny concession out of the president, ADAPT leader Jean Stewart said after the meeting. “They are utterly in contempt of the needs of the disabled.” The protesters requested VIA officials endorse the resolution to provide public transportation to the disabled and to establish a forum in which the disabled community would be allowed to participate. Cook promised to plan a forum. Stewart said the local community has long supported ADAPT’s proposal of a multi-modal system with both lift equipped buses and door-to-door service.
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San Antonio Light, Tuesday, 4/23/85 Metro [Headline] Demonstration at VIA offices PHOTO by Marianne Thomas/San Antonio Light: Top down view of a mass of protesters, mostly in wheelchairs, in a rough circle in front of a reception type desk. This lobby area is filled with protesters. Some have signs taped to the front of their chairs, some are in manual wheelchairs, others in power chairs, at least one person is on a vent. Caption reads: PROTEST: Members of ADAPT ---- American Disabled for Accessible Public Transportation ---- occupy the VIA Metropolitan Transit offices during demonstration yesterday. [Headline] Disabled protest special bus rules By Laura A. Lambeth, Staff writer Sixty handicapped people rolled their wheelchairs into VIA Metropolitan Transit administrative and rode the elevator to the second floor, where they stage a four-hour demonstration yesterday. The protest, by members of American Disabled for Accessible Public Transportation, caused 90 bus company employees to lock themselves in their offices for an hour until officials with VIA and the American Public Transit Association agreed to meet the demonstrators who wanted to express their rights to ride buses. The protesters found themselves sitting calmly in the hallways from 11 a.m. until 3 p.m.. because the APTA leader could not be located. At least 20 police officers surrounded the building on West Myrtle Street to keep the peace as the demonstrators waited until their demands worn heard by VIA General Manager Wayne Cook and Bernie Ford, head of the APTA, which is meeting in San Antonio this week. None of the demonstrator were from San Antonio, which prompted VIA officials to say yesterday's protest was aimed at the national leaders. "The San Antonio community has told us to put transportation dollars into a para-transit system, with Please turn to PROTEST/B6