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Домашня сторінка / Альбоми / Теґ wheelchair lifts 56
- ADAPT (176)
ROCKY MOUNTAIN NEWS 10-17-83 PHOTO, STAFF PHOTO BY STEVE GROER: A short white man (Mark Ball) with a big afro and tinted, round glasses stands almost hidden, behind a podium with a large RTD on the front. Behind him are rows of other people, (all men), some in suits and ties, some with long hair. Caption reads: Mark Hall [sic] of Atlantis Community addresses RTD board at public hearing on agency's budget. [Headline] Handicapped complain to RTD More than 1,000 handicapped Denver bus riders cannot visit the Boulder Mall and other distant destinations by public transportation because the buses used by the Regional Transportation District on those routes cannot accommodate their wheelchairs, representatives for the handicapped told RTD on Tuesday. "It's a very touchy subject with disabled persons who feel trapped within the metropolitan area," Mark Ball told RTD directors during a public budget hearing. The hearing was the public's chance to discuss the agency's budget before it is adopted by the directors. Only a handful of people attended the 30-minute hearing. 'You’re going to have to come up with an over-the-road bus with a (wheelchair) lift," he said. “Boulder isn't very far for you, but I wouldn't want to do it in an electric wheelchair. Half asked the board to require that all new vehicles be equipped with lifts and other features for handicapped riders. In the past year, RTD mechanics have worked to improve the design of wheelchair lifts fitted to some buses used on busy Denver routes, officials said. But RTD assistant general manager Mike Smith said "there is not a high-degree of interest" on the part of bus manufacturers to mass-produce an over-the-road vehicle with lifts, extra-wide aisles and low ground clearance suitable for handicapped riders. The sensitive subject of handicapped access to public transportation will be raised again next week when representatives of ADAPT, a handicapped-rights group, will address the national convention of the American Public Transit Association at the Denver Hilton. - ADAPT (172)
Washington Post 10/2/84 PHOTO (Associated Press photo): Up in the air, Mike Auberger, long hair and a beard, in a wheelchair yells in passion from a van lift. Below him the police who are loading him into the van look at each other with a startled expression. Caption reads: Protester in wheelchair is lifted into a van after his arrest at convention center. [Headline] Dole Praises Plan For 39.5-Mile Metro As ‘Positive Step’ By Stephen J. Lynton Washington Post Staff Writer Secretary of Transportation Elizabeth Hanford Dole yesterday praised Metro's new plan for completing 89.5 miles of the proposed rail system, calling it a “highly positive step." Nevertheless, in her first comment on the transit agency's proposal, Dole stopped short of saying whether the Reagan administration would approve the plan. The administration has limited federal construction funds to 76.4 miles of the proposed 101-mile Metro system. The new Metro plan calls for using federal funds previously authorized by Congress to complete 89.5 miles, including a long-delayed Green Line branch connecting Fort Totten with Greenbelt in Prince George's County and a Yellow Line spur to a proposed Van Dorn Street station in Alexandria. Metro officials have said they will eventually seek an additional congressional authorization of more than $1 billion to complete the rest of the planned 101-mile system. Dole cited the new Metro plan in a speech to the American Public Transit Association, which opened its annual meeting at the Convention Center here yesterday. The association, which represents the nation's transit systems, is holding its three-day conference in Washington for the first time in recent years. About 8,000 officials are expected to attend the sessions. Shortly after Dole spoke, 14 handicapped demonstrators, including several in wheelchairs, were arrested outside the Convention Center, according to D.C. police. The protesters were charged with blocking entrances to a public building and disorderly conduct. Since last week, members of a Denver-based group called ADAPT, an acronym for American Disabled for Accessible Public Transit, have staged demonstrations here to demand improved access to buses and trains for handicapped patrons in transit systems throughout the nation. The group contends that all buses should be equipped with special lifts for wheelchairs. ln her speech, Dole expressed "deep concern for the plight of the handicapped" and argued that proposed regulations now under review by federal officials would provide "adequate access" to transit services for disabled riders. The federal proposals are less stringent than those sought by ADAPT, but they appear largely acceptable to the transit association. Several years ago, the association sued federal officials to block stricter requirements. Jack R. Gilstrap, the association's executive vice president, said the new proposals would provide flexibility for local governments. "We support the local option concept," Gilstrap said. Dole described the 89.5-mile Metro plan as evidence that "there can be progress" in state and local efforts to devise new methods to finance transit projects. The Metro plan still must be ratified by county and city governments, in the Washington area. and Dole indicated the administration would withhold a decision on the plan until local governments act. Federal financing of the nation's transit systems is expected to be a focus of debate at the convention. Dole indicated no shift in policies, and she reiterated the administration's reluctance to subsidize operating costs, a controversial issue. "The most crucial issue facing public transit today is funding." Metro General Manager Carmen E. Turner told the conference. Twelve of the handicapped demonstrators were arraigned before a U.S. commissioner and released pending further hearings. Two protesters forfeited collateral of $l0 each. Police said one policeman suffered several broken fingers after being rammed by a protester's wheelchair. Staff writer Alfred E. Lewis contributed to this story. - ADAPT (454)
The Daily Sparks Tribune Friday, April 14, 1989 [Headline] Last of protestors freed from jail The last of the handicapped demonstrators were released from jail Thursday night and both sides of the five-day confrontation said they accomplished everything they set out to do. Municipal Court Judge Don Gladstone said he is pleased with the Sparks Police Department's and the court's performance during the confrontation in which members of American Disabled for Accessible Public Transportation (ADAPT) were arrested 72 times for acts of civil disobedience on B Street. The Colorado-based ADAPT came to town to protest a convention held by the American Public Transit Association (APTA) held at the Nugget earlier this week. APTA represents public transit authorities across the country and it is against the federal government forcing those authorities to install wheelchair lifts on all their buses. ADAPT co-founder Mike Auberger said his group accomplished what it wanted to do in Sparks -— make life difficult for APTA conventioneers and raise public awareness for handicapped issues. “Like I said before we even came here, not everybody is going to like what we do but when we leave everybody will have an opinion,” Auberger said. “I can change opinions but creating opinions is the hardest thing to do. "Most people are so busy in their own lives that they don't have time to be very creative and to make that happen." Thursday night Judge Gladstone released the remaining 30 ADAPT members who were serving jail time for such things as blocking fire exits at the Nugget and for obstructing police officers. Their fines ranged from $10 to $600. Wednesday afternoon, the city attorney’s office worked out an agreement with the group's attorney to allow the protesters to leave jail if they paid $100 towards their fines and agreed to pay the remainder after they go home. The protestors also had the option of staying in jail and working off their fines at $25 a day. Thursday night, however, Gladstone dropped the minimum payment to $50 and lectured the protesters. “I told them they need to review their leadership," Gladstone said in an interview this morning. "Society changes. Methods used in the past to get a message across aren't necessarily valid today.” Gladstone said the Sparks Police Department did a good job of handling the demonstrators after they were arrested. The court also made the point that “regardless of your race, color or creed you are held accountable in Sparks for your crimes." “I think the city and the jail facility will be a model to the country for the reasoned handling of a major demonstration by a group that required extraordinary medical care," Gladstone said. Auberger agreed that Sparks Police treated the protestors with care. “I believe they worked very hard at trying not to harm anyone," Auberger said. “There was a real intent on their part to be as professional as possible." However, Auberger said he believes the police over reacted and arrested the protestors for petty things. “I suppose that’s because you need a strong police force to keep the gambling in control," Auberger said. “But that (show of force) gets carried out into a lot of situations that have nothing to do with casinos. "Unfortunately, that relays to tourists the image of a really heavy hand." Auberger also accused the Nugget security force of reacting violently to the demonstrators. One protester suffered a broken knee when a casino security guard pushed a door against her knee. “If we had been in Reno, it would've been a different set of circumstances," Auberger said. “We would've been dealing with corporations instead of an individual (John Ascuaga). “(The Reno casinos) have a corporate image to protect. l think they would be less likely to do the kinds of things (the Nugget) did." - ADAPT (450)
4B / Las Vegas Review-Journal Monday, April 10, 1989 [Headline] Disabled protesters arrested in Sparks Associated Press SPARKS — About 75 wheelchair-bound people blocked the entrances to a casino Sunday to protest what they called their lack of accessibility to public bus systems. Police said about 40 protesters were arrested by late Sunday evening and more arrests were expected. Members of a national group calling itself The American Disabled for Accessible Public Transit staged the protest by chanting slogans and blocking entrances to the Sparks Nugget. The target of the protest was the American Public Transit Association, which is holding its western regional meeting at the Nugget through Wednesday. The association represents the nation’s bus and rapid transit systems. The transit association opposes a move to install wheelchair lifts on new public buses and the disabled group sought a meeting with its leaders inside the casino to discuss the issue. “We try to make their conventions as inaccessible to them as they have made transportation to disabled people,” said protest organizer Mike Auberger of Denver. “They can't just come and have fun.” However, Nugget security personnel blocked outside entrances to the protesters and denied them access, saying they posed a threat to the safety of casino patrons. Police said four protesters were arrested on a charge of blocking a roadway on the group’s march to the Nugget, while 36 others were arrested at the casino on a variety of charges, including obstructing justice and blocking a fire exit. Protesters started out by blocking two entrances and later blocked all but one entrance for a brief time. Police said they were forced to drag several protesters away from the doors after they resisted arrest. In February, the 3rd U.S. Circuit Court of Appeals in Philadelphia ruled in favor of the disabled group, saying all new public buses purchased with federal funds must be equipped with wheelchair lifts. Auberger, who uses a wheelchair because of a neck injury suffered in a bobsledding accident, said only about a dozen U.S. cities now have buses with the lifts. “We want to be able to wait in the rain and hot sun and ride a bus like everyone else," he said. “The lifts would force integration and change the way most people view disabled people.” However, Jack Gilstrap, executive vice president of the transit association, said his group opposes the court ruling because of the cost involved. “Every lift costs $15,000 and they’re very expensive to maintain,” he said. - ADAPT (441)
DISCLOSURE September-October 1989, Issue No. 112 the national newspaper of neighborhoods [Headline] Disabled Protest Across Country: “Accessible Transit Is a Civil Right" This story continues on 436 but is included here in its entirety for ease of reading. PHOTO by Tom Olin: A large group of people in wheelchairs, on crutches, many carrying posters, are massed in front of a MCI New Jersey bus. Joe Carle is in the middle of the group with his back to the camera and on the back of his wheelchair is a sign that reads "I can't even get on the back of the bus." Also visible (right to left) are Cassie James, Diane Coleman, Brian Shea, Mike Early from CORD, two other guys in wheelchairs, Kent Killam, Julie Nolan, a white haired blind person with a big sign, and a short woman, perhaps a child, looking to her left and holding on to the back of a wheelchair. The group is blocking the bus and the street, while others walk by on the sidewalk. Caption reads: Members of American Disabled for Accessible Public Transit (ADAPT) and affiliated groups stages demonstratlon on disabled rights issues in front of buses at the federal court building, Philadelphia, May, 1989. by Mike Monti The message is clear: “We will ride,” say the members of American Disabled for Accessible Public Transit (ADAPT). From a series of demonstrations to a controversial court case, this relentless group keeps fighting for accessible transit around the country. Among its victories are a July, 1989 federal court ruling that transportation agencies no longer have a 3 percent cap in providing wheelchair lifts or paratransit. For the members of ADAPT, accessible transit is a basic civil right — and is always worth fighting for. We reported in Disclosure #l08 on ADAPT’s actions in Montreal at the annual convention of the American Public Transit Authority (APTA). APTA and other transit authorities continue to make it extremely difficult for people with disabilities to use public transit. Nevertheless, ADAPT has shown that it will confront APTA wherever it shows up. Last April, at the Western Regional Conference of APTA in Sparks, Nevada (just outside of Reno), over 125 ADAPT members staged actions at the conference, calling for public transportation that can be used by everyone — including people with disabilities. Members started off with a march from their hotel to the conference hotel. When they were about halfway there, ADAPT was met by a police blockade. Obviously, authorities already knew about ADAPT: here is a group that won’t stops until it forces permanent changes. In Sparks. the marchers were able to get around the police barriers. But when they got to APTA’s hotel, they were met by private security forces. The hotel security outnumbered the city’s police three-to-one -— and were able to chain the door shut before ADAPT entered. Forty-seven ADAPT members were arrested, and seven were sent to jail. “The Sparks police had obviously decided that we weren't going to march in the streets,” said Stephanie Thomas, an ADAPT member who lives in Austin, Texas. “But we were able to go around the car barricades. it was like water going around the rocks." The following afternoon, ADAPT staged another demonstration with many crawling across the street and around police barricades, blocking traffic until they reached the front door of the hotel. It was locked from the inside. This time, 25 were arrested. The charge: blocking a fire door which was locked. Many of the ADAPT members who were arrested went on a hunger strike. Meanwhile, ADAPT members on the outside held a press conference calling attention to the problems jail staff were having providing for several of the disabled people’s needs. A final protest was held the next day. One day later, the Sparks judge who sent the hunger strikers to prison made a deal with the protesters: he let out two protesters for the price of a $100 fine. The judge had imposed a much stiffer sentence a couple of days earlier, but changed his mind in the face of a group of arrested ADAPT members who made it clear that they would rather starve and stay in jail than pay a huge fine. Meanwhile, disability groups on the east and west coasts were raising money to help support ADAPT. On the fourth day of the hunger strike, the judge relented and the fine was reduced. By the end of the day, all arrested ADAPT members had been released — and many in the group headed to Denver, for more demonstrations. In Denver — which is the home of ADAPT — the group protested at the annual conference of the Urban Mass Transit Administration (UMTA). This time, demonstrations focused on the federal government's request for a re-hearing of the ADAPT vs. Burnley case. In February, ADAPT won a major victory from the Department of Transportation (DOT) - only to have it undercut by the government. The first of ADAPT’s arguments stated that the rule saying transportation agencies should not have to spend more than 3 percent of their budget on wheelchair lifts or paratransit was unconstitutional. Second, ADAPT held that the option allowing agencies to decide whether or not to provide new buses with wheelchair lifts was unconstitutional. DOT kept flip-flopping on the issue: first it said yes, and then it backed off, asking for a rehearing to vacate the decisions. In Denver, ADAPT confronted Michael Norton, U.S. Attorney for the Tenth District in Denver. “Why is the government working against disabled rights?” asked ADAPT. Norton eventually read a 20-page statement from Attorney General Thornburgh stressing “the need for concern, compassion, and commitment” — but also saying that the law never mandated integration. “It was a really offensive statement, ” said Stephanie Thomas. “On one hand, he was affirming the government's commitment, and on the other he’s fighting tooth and nail to stop rights for the disabled.” When the case was reheard in Philadelphia on May 15, ADAPT was ready. With help from the local chapter of Disabled in Action and the Cape Organization for Rights of the Disabled (CORD), protesters gathered at the federal court building. Four ADAPT members met with the U.S. Attorney, who listened to their concerns. Two days later, a protest was staged at Independence Hall. Dressed in revolutionary garb complete with wigs, three-cornered hats and fife and drum, the “Disability Rights Patriots” marched around the Liberty Bell. Court Decision On July 24, ADAPT won a significant victory as the original ruling striking down the 3 percent cap on wheelchair and paratransit lifts was upheld. On the local option issue, judges decided that the stipulation was legal. Now, it's back in the hands of DOT, for "clarification." Meanwhile, ADAPT will be working with lawyers to plan its next strategy in the legal arena, even though the courts have dodged the issue of equal rights for the disabled. Nevertheless, ADAPT is still ready for action. “We are not going to sit around and wait for the government to put a piece of legislation through,” said Wade Blank. What's next for ADAPT? The next APTA Conference will be held in Atlanta, Georgia, September 23-28, 1989. “The court’s decision on local option will make our demonstrations in Atlanta bigger,” says Mike Auberger, a co-director of ADAPT. Sparks Nevada, Denver, Philadelphia, Atlanta. . .ADAPT marches on for rights for people with disabilities. “Someday,” says Wade Blank, “ It will be just as appalling to see buildings without ramps as it was seeing signs that said ‘Whites Only.’ ” end of article Pictures of 2 graphic symbols: One is the ADAPT no-steps logo with American Disabled for Accessible Public Transit around the outside and a circle with a set of steps rising to the right and a bar across the circle and steps with the word ADAPT on it. The other is a power fist, with wheelchair warriors written below the arm. Caption reads: These symbols are part of ADAPT’s continuing fight. Says Wade Blank of ADAPT “Someday it will be just as appalling to see buildings without ramps as it was seeing signs that said ‘Whites Only.’” - ADAPT (439)
The Daily Sparks Tribune April 14, 1989 page 4A [Headline] Push a wheelchair through Sparks by Andrew Barbano In all the heat generated by die wheelchair protests this week at the Sparks Nugget, the central issue has been lost: does every bus in the country need wheelchair lifts? I thought Donna Cline might shed some light on the real reason behind the ruckus. Cline, 30, was injured in a rural Nevada accident. She and Debra Donlevy were driving to Carson City late one night 11 years ago. Their car overturned near Hawthorne. Donna survived the long ride to Reno, Debbie was not so lucky. We buried her in Carson City while Cline lay in Washoe Medical Center. Debbie was my wife's daughter. Donna, who has not walked since, worked her way through broadcast school and became a television reporter. In 1985, while working at KVBC in Las Vegas, she was asked to compete for the Miss Wheelchair Nevada title. She won. And added the Miss Wheelchair America title in 1986. She took the cause of better access for the handicapped all the way to Ronald Reagan in the White House. “I leaned a lesson in it all," she told me this week from Springfield, Missouri, where she is a news co-anchor. "I found out that you'll get some awareness but you may not get what you set out to get.“ Peter Mendoza would probably agree. The unemployed Bay Area police dispatcher was here to attend the protests during the American Public Transit Association convention. He lost his job because of transportation problems, and has been protesting at APTA conventions for the past three years. “I‘m not used to being treated like a criminal,“ Mendoza says. “We're not a bunch of violent radicals. There are children here and people who’ve worked all their lives. We’re not radicals. We just want to make a point." He says that a lot of this week's problems could have been avoided. “In San Francisco, we sat down with APTA and the police and worked out the parameters of a demonstration. We even arranged for the peaceful arrest of those who thought they wanted to do so. We worked out training and helped arrange transportation. The judge sentenced those arrested to the overnight time served. There were no hard feelings. Sparks is 20 years behind the times when it comes to protests." Cline says “protest to increase awareness is wonderful but has anything more actually been accomplished? In the four cities I've live in, the demand (for wheelchair ramps) does not meet the number of buses. If you're going to take that amount of money, you should look at usage." She favors a specialized transportation system such as this area's Citilift. One caller to my radio show did not agree. "Separate is always unequal," he snapped. Mendoza, a member of the Golden Gate Bridge Highway and Transportation District‘s advisory committee on services for persons with disabilities, backs up this argument with numbers. “The Alameda-Contra Costa transit system did a study which showed a $10.84 cost per trip on a ramp-equipped bus. A paratransit system (like Citilift) costs $12.46 a trip." He says that nationally, the paratransit system is more expensive. Citilift figures bear him out. Such service is very specialized and will always cost more. “A bus ramp costs about the same as an air conditioning system, and I consider that a luxury. If you want to get rid of something that costs a lot, get rid of air conditioning." Mendoza feels specialized paratransit systems are good for rural areas, but Metropolitan areas need bus lifts. “Only three percent of the 37,000,000 disabled in this country are working and transportation is the number one reason," he passionately adds. Since I started doing talk shows, I've never had a week where one issue totally dominated as this one has. Many of my phone calls were from wheelchair users. Some Sparks residents feel that Mendoza and his group are just a bunch of out-of-town agitators who should leave. Others have accused the Sparks Police, John Ascuaga and his people of failing to defuse the situation upfront, as was done in San Francisco. Another said Nugget security guards were poorly trained and they have been the main problem. Mendoza's organization, ADAPT, almost seems to be contradicting itself by its actions. ADAPT has made its biggest gains in court and in Congress, not on the protest lines. After Congress passed a law mandating lifts on all buses, APTA got the law watered down to provide for local option. ADAPT sued and won on appeal. The protests this week centered on convincing APTA not to take its appeal to the U.S. Supreme Court. Ironically, a small news item appeared Tuesday noting the “Disability Awareness Festival" starts April 14. Wrong. It started Sunday at the Nugget. Maybe Sparks just needs to promote better understanding. The best suggestion I've heard came from a retired Sparks Teamsters Union worker named Mitch. He suggested a handicapped awareness day where civic leaders work a day in a wheelchair to see what it's like. I like that idea. So does Donna Cline. Any takers? (Andrew Barbano is a Reno-based syndicated columnist. He host a weekday morning news and talk show an Reno AM radio station KOLO 92.) Photo: President Ronald Reagan standing, head slightly tipped to his left. Seated beside him, and coming up to about is waist, is a woman in a wheelchair with conservatively coiffed hair and attire. Both are looking at the camera and smiling. Caption reads: Donna Cline, a former Miss Wheelchair Nevada and Miss Wheelchair America, with former President Ronald Reagan. - ADAPT (487)
The Handicapped Coloradan ADAPT wins transit access VlCTORY! Federal court orders all new buses to be equipped w|th wheelchair lifts APTA pressures DOT to appeal decision Feb. 13,1989. Call it V-D Day. Victory over the Department of Transportation (DOT). Or call it V-A Day. Victory over the American Public Transit Association (APTA). Because on that day in Philadelphia, within earshot of the Liberty Bell and walking distance of the hall in which the Declaration of Independence was forged, disabled Americans won not only the right but the means to ride mainline public transportation. On a 2-l vote, the U.S. Court of Appeals for the Third Circuit ruled that in the future every transit system in the nation that buys buses with assistance from the DOT must purchase only buses equipped with wheelchair lifts. That decision reverses a 1988 ruling by U.S. District Judge Harold Katz who upheld DOT’s policy of allowing transit systems the “local option" of providing public transit to people with disabilities through a paratransit system. APTA, which reaffirmed its support of local option at its last national convention, has urged DOT to appeal the decision to the U.S. Supreme Court. Such an appeal must be filed within 90 days, or by May 13, 1989. DOT already has filed for a rehearing, and the court is expected to announce by March 29 if they would be willing to reconsider the decision. Justices Carol Los Mansmann and A. Leon Higginbotham wrote the maiority opinion with Judge Morton Greenber dissenting. The case was brought to the Court of Appeals by a dozen disability rights organizations, led by the militant American Disabled for Accessible Public Transit (ADAPT) and the Eastern Paralyzed Veterans of America. Timothy M. Cook, director of the newly formed National Disability Action Center, argued the case. It wasn't the first time wheelchair lifts have been in the courts. in 1979, the DOT, at the direction of President Jimmy Carter, ordered all transit systems to install lifts on new buses, but that mandate was struck down in federal court after an appeal by APTA. APTA’s insistence on local option led to the creation of ADAPT by a handful of militant wheelchair users in Denver, who set up pickets outside the Hilton Hotel headquarters of APTA's I983 national convention. At the insistence of Mayor Federico Pena, ADAPT was allowed to speak before the convention and no arrests were made. That was the last time either situation would exist. At every subsequent national convention or regional APTA meeting, wheelchair militants have shown up in force, blocking buses and hotel entrances until local police forces were forced to cart them away to jail. “Who would have thought a bunch of ragbag crips from Denver could have started something that would have grown this big?" asked ADAPT founder Wade Blank, co-director of the Atlantis Community, a local independent living agency. Both Blank and Cook cautioned that the war was not over yet, although both said they were pleased that the 73-page court opinion was filled with the language of the civil rights movement and would go a long way toward convincing those on the fence that their cause was just. The Court of Appeals opinion reads, in part: “We find the goal of eradicating the ‘invisibility of the handicapped‘ led Congress to enact measures to facilitate, if not immediate and complete mainstreaming of the handicapped, then affirmative and aggressive steps in that direction." The decision involves only new buses, as the justices argued that requiring systems to retrofit old buses would subject them to "undue burdens." Cook said after the decision was handed down that the "opinion is completely consistent with President Bush's call last week, in his speech before Congress, for Americans with disabilities to be ‘in the economic mainstream.‘ Nothing is more essential to meeting that goal than the provision of accessible public transportation." Mike Auberger of the Denver ADAPT chapter, who's been arrested in several cities while engaging in civil disobedience, agreed that accessible public transit is the key to enabling disabled people assume full citizenship. "People are dying out there," Auberger said. "Disabled people go into nursing homes because they don't have any options. I personally know people who have committed suicide because they don‘t have any options. Wheelchair lifts will give them that option." Auberger said that ADAPT doesn't plan to rest on its laurels. They'll be Reno April 7-ll for a regional APTA convention and back in Denver April 23-26 for the national meeting of the Urban Mass Transit Association (UMTA). “Our demand is simple," Auberger said. “We just want them to drop the appeal process and accept the decision." If they don't, Auberger promised that protesters would try to fill the jails one more time. To that end, ADAPT members intend to picket DOT offices in 12 cities on Good Friday, March 24, and ask staff members there to call the Presidiential assistant in charge of transportation matters and ask that the court decision not be appealed. "If they don't make the call, then we don't go," Auberger said. "I'm sure we'll take some heat because we're doing it on Good Friday," he said, explaining that he expects many offices to be shorthanded because of workers leaving early for the Easter weekend. "That should just add to the confusion." - ADAPT (485)
Gazette Telegraph 2-14-89 NATION [Headline] Ruling requires new buses to be wheelchair accessible Associated Press PHILADELPHIA - A federal appeals court Monday ordered the U.S. Department of Transportion to require transit authorities across the country to equip new buses with wheelchair lifts. 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. The 3rd U.S. Circuit Court of Appeals said 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. The court said a rule requiring reservations 24 hours in advance for use of the alternative transporation 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 coalition of disabled people and 12 organizations called Americans Disabled for Accessible Public Transportation filed the lawsuit last year. 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, special vans for the handicapped or a combination of the two. Timothy Gold [Cook], who argued the case before the court, said the ruling was "a major, major victory for the handicapped community." - ADAPT (484)
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. - ADAPT (613)
El Paso Times Tuesday, Feb. 14, 1989 p.6A [Headline] Court: New buses must have Wheelchair lifts Associated Press PHILADELPHIA — A federal appeals court Monday ordered the U.S. Department of Transportation to require transit authorities across the country to equip new buses with wheelchair lifts. 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. The 3rd U.S. Circuit Court of Appeals said 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. 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 coalition of disabled people and 12 organizations called Americans Disabled for Accessible Public Transportation filed the lawsuit last year. The coalition contended that a provision of the federal regulations allowed authorities receiving federal transportation money to exclude the handicapped from “effective and meaningful" access. U.S. District Judge Marvin Katz overturned the provision in cases where the transit authority buys any buses. TEXT BOX INSERT: El Paso already buying buses with access El Paso already has a policy that requires wheelchair lifts on all buses, said Mark Dorfman, director of the city's Sun Metro bus service. The policy has been in effect since 1987, when voters approved a half-percent sales tax to finance the city's bus system. City officials promised voters that the additional money from the sales tax would allow all new buses to be equipped with wheelchair lifts, Dorfman said. “We’re getting ready to take bids for 84 new buses, and one of the specifications is that they have lifts,” he said. Dorfman said wheelchair lifts add an average of $15,000 to the cost of a bus. - ADAPT (612)
RMN [Rocky Mountain News] 2/14/89 [Headline] U.S. requires wheelchair lifts on transit authority buses PHILADELPHIA (AP) — A federal appeals court yesterday ordered the U.S. Department of Transportation to require transit authorities across the country to equip new buses with wheelchair lifts. 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. The 3rd U.S. Circuit Court of Appeals said 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. 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 coalition of disabled people and 12 organizations called Americans Disabled for Accessible Public Transportation filed the lawsuit last year. 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, special vans for the handicapped, or a 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% of their average annual operating costs on transportation for the handicapped. Katz called the limit arbitrary and said it allowed transit agencies “to eviscerate the civil right” to transit service. Circuit Judge Carol Los 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.” In a 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 para-transit system. - ADAPT (609)
Austin American-Statesman ~ Tuesday, February 14, 1989 [Headline] Court mandates Wheelchair access on nation’s buses PHILADELPHIA (AP) - A federal appeals court Monday ordered the U.S. Department of Transportation to require transit authorities nationwide to equip new buses with wheelchair lifts. Attorneys who brought the lawsuit called the ruling the most important decision ever handed down for disabled people needing public transportation. The 3rd U.S. Circuit Court of Appeals said 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. 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 must spend on making transportation accessible. In Austin, Anthony Kouneski, general manager of Capital Metro, said-Monday's decision “will not significantly affect our service.” Kouneski said more than 50 percent of Capital Metro's buses already are equipped with wheelchair lifts, and that 80 vehicles on order also will be equipped with lifts. He said Capital Metro also operates Special Transit Service vans for people whose disabilities prevent the use of conventional wheelchair lifts. A coalition of "disabled people and 12 organizations called Americans Disabled for Accessible Public Transportation filed the lawsuit last year. ADAPT contended that a provision of the federal regulations allowed authorities receiving federal transportation funds to exclude the disabled from “effective and meaningful" access. The provision allows transit authorities to decide among three types of transportation: accessible buses, special vans for the handicapped, or a combination of the two. US 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 costs on transportation for the disabled. Katz called the limit arbitrary. Timothy Gold [sic, really Timothy Cook], who argued the case before the court, said the ruling was “a major, major victory for the handicapped community.” He said he hoped the ruling would not be appealed. - ADAPT (608)
The NATIONAL DISABILITY ACTION CENTER Timothy M. Cook, Director For Immediate Release Contact: Timothy M. Cook 202/467-5730 DISABILITY GROUPS DELIGHTED BY DOT RULING ON ACCESSIBLE BUSES United States Transportation Department Secretary Samuel Skinner, stating his strong "support of policies that would substantially improve access to mass transit services for handicapped persons," today proposed a new regulation "requiring all new buses to be accessible,“ and "requiring supplemental paratransit service . . comparable to the service for the general public for persons who could not use the fixed route transit service." The regulation was issued in response to a court suit brought by Americans Disabled for Accessible Public Transportation (ADAPT) and twelve other national disability organizations. Wade Blank, head of ADAPT, stated that he was "delighted that the Administration finally has followed through on its commitment to persons with disabilities." The regulation will require all buses that are newly purchased or remanufactured to include wheelchairs lifts in their design and manufacture. According to Timothy M. Cook, of the Washington—based National Disability Action Center, the attorney for the disability groups, "this new rule will immensely enhance the lives of persons with disabilities throughout the country. It will open education, employment, and social opportunities heretofore closed to individuals with disabilities simply because they have had no way to get there." -30- - ADAPT (606)
CAPE COD TIMES, FRIDAY, March 24, 1989 [Headline] Vigil planned to aid disabled By KAREN JEFFREY, STAFF WRITER Twenty-five members of the Cape Organization for the Rights of the Disabled are in Cambridge today as part of a nationwide effort to support a February court ruling requiring wheelchair lifts on new public buses. More than 100 advocates for people with disabilities from across the state are scheduled to hold a vigil at noon in front oi the U.S. Department of Transportation office in Cambridge protesting the department's proposed appeal of a recent federal court ruling that requires wheelchair lifts on new public buses nationwide. The Cambridge vigil will coincide with similar events in other states. “This is about separate but equal facilities" said Mike Early, CORD president. "The 3rd District Court has ruled you can't have separate but equal facilities for people who are handicapped. And we don't want to see the Department oi Transportation try to appeal that decision." In addition to ruling that new buses for public transportation systems must include wheelchair lifts, the court also ordered the department to eliminate a 3 percent cap on the amount of money transit authorities must spend to improve transportation for the disabled. In its decision, the court noted that 24-hour reservation services required for alternative mass transportation for people with disabilities hinders spontaneous use of mass transit. The court ordered transit authorities to make what the court called "reasonable accommodations to their programs." - ADAPT (598)
[Headline] Bus-lift rule leaves agencies in bind PHILADELPHIA (AP) — Advocates for the disabled yesterday hailed a federal court ruling requiring wheelchair lifts on new public buses, but a spokesman for transit agencies said the ruling doesn’t address vexing problems. "We’ve been grappling with this for a long time," said Albert Engelken, deputy executive director of the Washington-based American Public Transit Association. He 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. On Monday a 3rd U.S. Circuit Court of Appeals panel ruled 2-1 that Congress has made its wishes on accessibility clear and that lift-equipped buses are part of that mandate. The court ordered the U.S. Transportation Department to rewrite a regulation allowing communities to offer alternative "paratransit" service, such as van rides, to the disabled. It said the 24-hour reservations that riders need to make for such services hinder spontaneous use of mass transit. . James D. Fornari, a New York City attorney for a group of veterans with spinal cord injuries, said the ruling will force transit systems to look for the most efficient means of serving disabled people. He said the ruling also could influence Transportation Department regulations being drafted on light rail and commuter rail systems. “We are quite pleased with this decision and I see it as a springboard for making other transit systems which have buses accessible to the mobility impaired, so they can be mainstreamed into American life and society," Fornari said. Transportation Department spokesman Bob Marx declined comment on the ruling.