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ADAPT (148)
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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Handicapped American, 12/84 Two articles: Article #1: [Headline] Anti-APTA Protest Grows as Disabled Demand Bus Lifts Disabled activists in several states are pressing the attack against the American Public Transit Association (APTA) in an attempt to persuade that organization to support wheelchair accessibility. At its seventh annual delegate assembly in November, the Coalition of Texans with Disabilities [CTD] urged all transit providers in that state to withdraw from APTA. “It is the urgent desire of CTD and its 77 organizational members across the state that Texas become a model of full, equal access to all transportation systems," according to the CTD resolution. CTD President Marshall Mitchell said that APTA'S transportation philosophy “is a powerful tool for discrimination and denies the vast majority of disabled persons equal access to the community." CTD is also opposed to paratransit as an alternative to wheelchair lift equipped buses because this "provides disabled people only limited use of the locally operated transit systems in all Texas cities." Mitchell said that not only does paratransit violate the equal protection clause of the l4th Amendment but operating two separate systems "is infinitely more expensive than would be totally accessible systems with only limited door-to-door service to meet the needs of those who could not use mainline service." APTA is holding a Western Regional Conference in San Antonio in April (see related stories). Meanwhile in November a spokesperson for disabled groups in neighboring Louisiana has requested that APTA's board of directors reverse its position on accessibility. Susan M. Daniels, in a letter to APTA chairman Warren Franks, said that "disabled people will no longer sit quiet while their rights are abridged." Daniels points out that the Regional Transit Authority which serves the Greater New Orleans area is not accessible, making it impossible for disabled people in that city to participate on an equal basis in community activities with nondisabled persons. In California, disabled activists are seeking to cut off the flow of public money to APTA. At its December meeting, the California Association of the Physically Handicapped (CAPH) passed a resolution calling upon various branches of the federal government to withhold funds earmarked for APTA because such payments represent "a misappropriation of public funds." More than 60 percent of APTA's operating money comes from public funds, according to the CAPH resolution. CAPH charges that this money is being used in part “to deny handicapped individuals the benefits of transportation services requiring federal financial assistance." In addition to blocking the flow of federal dollars to APTA, CAPH urges "that all public transit agencies be prohibited from paying APTA dues" while any investigations of APTA are in progress. Article #2: [Headline] Texans Plan San Antonio Showdown Chances are if you board a public bus anywhere in Texas you won't find any riders in wheelchairs. That's all going to change if Jim Parker of El Paso has anything to do about it. Parker and several other people in wheelchairs from across Texas have organized the state chapter of the American Disabled for Accessible Public Transit (ADAPT), a new national group that is trying to force bus companies and manufacturers to equip all buses with wheelchair lifts. In 1979, the Carter administration's Department of Transportation mandated such a policy, but the American Public Transit Association (APTA) successfully fought those regulations in court, arguing that it was a judgment best left to the discretion of the local transit provider. Disabled activists argued that such "local option” policies are no different from the old states’ rights arguments used in the South to block integration and lead to policies similar to "separate but equal" laws. Reagan's Department of Transportation has generally sided with APTA in this dispute and has suggested that paratransit services could provide similar service to the disabled at less cost. Opponents of lifts argue that they're unreliable. In Houston, Metro's Grumman Flexible buses’ wheelchair lifts were removed because the company said they caused too many maintenance problems. Continued on p. 4
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The Riverfront Times, ST. LOUIS' LARGEST WEEKLY: 211,962 READERS EVERY WEEK! MAY 18-24, 1988 [This article continues in ADAPT 398, but the entire text is included here for easier reading] PHOTO: Three plain clothes policemen try to hold back a man in a motorized wheelchair (Ken Heard). One is behind Ken, one beside him holding the armrest and the third is in front bending forward trying to manipulate the driving mechanism that is on the footrest of Ken's wheelchair. (Ken drove his chair with his foot.) Ken is in shorts and an ADAPT shirt and wears a pony tail and head band, and he is leaning forward concentrating on trying to control his chair. A uniformed policeman looks on from behind or is possibly looking to help. On the right side of the photo, another man in a scooter (Tommy Malone from KY) is watching. Behind him is a set of glass doors and blocking one is a woman in a wheelchair (Barbara Guthrie of Colorado Springs). She is wearing dark glasses and a brimmed hat as well as her ADAPT shirt. title: Picket To Ride, Why the disabled take to the streets to get down the road by Joseph Schuster For most who want to take the bus, the biggest problem is finding exact change to drop into the fare box. But for disabled persons dependent on wheelchairs, the fare box is more a slot machine: Their chance of getting on a bus is frequently as unlikely as hitting the jackpot. The problem is an acute shortage of buses equipped with wheelchair lifts to get disabled passengers into the bus. In St. Louis, less than one-fourth of the 690 buses operated by Bi-State Development Agency are equipped with lifts; only half of those available lifts function. The story is the same in almost every city across the United States, and now disabled rights activists are pointing to the lack of accessible transportation as the most significant problem facing the disabled today. "In the past (disabled groups) placed education and employment programs high as a priority," says Mike Auberger, a leader and founder of American Disabled for Accessible Public Transit (ADAPT). "But we've always seen that as the biggest joke: 'Hire the handicapped.' You can give me a job, one that pays a good salary, but if I can't drive (because of a disability) and can't take a bus, there's no way in heaven you can hire me. It's been, 'Here, let's put this piece of the pie out here for you but not give you a way to reach it. The unemployment rate among disabled Americans is appallingly high. The most recent figures available for St. Louis are from the 1980 census, says Russ Signorino spokesman for the Missouri Division of Employment Security. [at this point in the article the first column is cut off on the left, slightly] According to that census, there were 119.000 [disa]bled St. Louisans. but only 48,000 were in [the] work force. says Signorino. Of the 71,000 of the labor force. 59.000 did not work [bec]ause their disability prevented them from [emp]loyment. The balance of 12,000 disabled [unclear]ons were so-called "discouraged workers." [Indi]viduals who had stopped looking for work [beca]use of various factors. ‘You're going to find a higher percentage of [disc]ouraged workers among the disabled (than [amo]ng the general population)." Signorino [said]. Nationally, less than one-third of the country's 13 million disabled are in the labor force, according to the Statistical Abstract of the United States 1986, the most recent edition to {unclear] information on the employment status of disabled Americans. Of those who are in the work force, almost {unclear]-fifth are unemployed. ("Discouraged" workers are not included in the work force; those who are unemployed. but looking for work. are.) This is compared, in the same year, with the able-bodied population of the country, which nearly 70 percent of 133 million persons were in the workforce and 9.6 percent of those were unemployed. The problem of lack of access to public transit brought Auberger and more than 100 other members of ADAPT to St. Louis this week to demonstrate at the annual meeting of Eastern region of the American Public Transit Authority [sic] (APTA), the industry's [principal] trade organization. ADAPT wants the transit industry to move toward what ADAPT calls "100 percent accessibility." That is every bus in the country would have wheelchair lifts. But APTA opposes that saying it is impractical and too expensive. It favors, instead, what is known as "local option." Each transit authority would decide how it would make public transportation accessible for the disabled, using either buses equipped with lifts, paratransit vans with lifts (the so-called dial-a-ride services, or a combination of the two. Right now, 18 percent of the nation's systems use lift-equipped buses exclusively, 44 percent use paratransit vans and the remainder — including St. Louis — use a combination. Nationally, according to APTA Deputy Executive Director Albert Engelken, one in three buses is lift-equipped. That is progress, Engelken says. In 1980, only about 11 percent of the nation's buses were lift-equipped. But for ADAPT and others in the disabled community, the progress is too slow. “I'm damned impatient," says Jim Tuscher, vice-president of programs for Paraquad, a St. Louis non-profit agency that serves disabled people. "I personally have been involved with Bi-State for well over 10 years, negotiating, trying to get an accessible transit system and today we still do not have an adequate system. Sure, their attitude is better now than it was 10 years ago, in that they are willing to cooperate with the disabled community. They had to be dragged, kicking and screaming into this. But I‘m a results person and so far I haven't seen any. I still can't go out to the corner and take a bus." Currently, 171 (24.8 percent) of Bi-State's 690 buses are equipped with wheelchair lifts. Tom Sturgess, the company's director of communication, says the system has a goal of 100 percent wheelchair accessibility, but getting there is a slow process. Later this summer, the number of lift-equipped buses will be increased to 238, but that will still mean that only one in three Bi-State buses can be used by a disabled person. Sturgess says Bi-State has notified its manufacturer that it will be buying another 60 lift-equipped buses sometime in the near future. Of the company's present 171 wheelchair lifts, only 85 (or just less than half) function. “We've had a lot of problems with them." says Sturgess. “The new buses we're getting will have a different kind of lift in them, one we think will work. Of those we have, we're in the process of repairing as many as we can, but some will never operate again. We're convinced it wouldn't be economically feasible to do so. The biggest problem is the salt they spread on the streets and highways. It sprays up into the lift mechanism, corrodes the wires and rusts the lifts.“ Because there are so few lift-equipped buses at present, only 16 to 18 of Bi-State's 129 routes have accessible buses, says Todd Plesko, Bi-State's director of service planning and scheduling. But not every bus that travels those routes has a lift. For example, on Bi
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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.