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Startpagina / Albums / Labels 3rd US Circuit Court of Appeals
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ADAPT (395)
St. Louis Post Dispatch 5-22-88 PHOTO by Ted Dargan/Post Dispatch: A Line of ADAPT people roll down a city street. The first person in line (Mike Auberger) has two long braids and sunglasses. His arms hang on either side of his motorized wheelchair and his ADAPT shirt is somewhat covered by the chest strap on his chair. Next to Mike is a man in a manual wheelchair with curly hair and a beard (Bob Kafka) who has is legs crossed and is wearing the same ADAPT shirt as Mike. Behind them a man (Jerry Eubanks) with no legs in a manual wheelchair is being pushed by a blind man (Frank Lozano) who is smiling. Behind them is another man in a maual wheelchair. Behind him is someone in a motorized wheelchair who is looking off to the side. Behind them is another person in a wheelchair. The photo is grainy so it's hard to make out many details. Caption reads: Disabled people demonstrating downtown last week for more accessible bus service. Title: Bus Stop By Joan Bray Of the Post-Dispatch Staff ACTIV1STS FROM local advocacy groups were absent from the scores of protesters who took to St. Louis streets last week asserting the rights of the disabled to accessible bus service. Leaders of the local groups say tactics, not goals, caused them and their members to opt out of the demonstrations. About 150 people blocked entrances at Union Station and surrounded buses at the Greyhound terminal. A majority of them were in wheelchairs, on crutches or otherwise disabled. And they were out-of-towners. They belong to a loosely woven group, American Disabled for Accessible Public Transit, called ADAPT for short. The group was protesting the policies of the American Public Transit Association, which was holding a regional meeting at the Omni International Hotel at Union Station. As a result of ADAPT's civil disobedience, 78 arrests were made, two group court appearances were held and a lawsuit was filed by the group over treatment at the City Workhouse. We support ADAPT's policies on access 1,000 percent," said Max J. Starkloff. He is executive director here of Paraquad Inc., which advocates rights for the handicapped. "But we have not participated in the demonstrations." "Our methods are negotiation, public testimony and organized public rallies," Starkloff said. "Our goals ore the same" as ADAPT's. Both the local activists and ADAPT want the transit association to push for installing a wheelchair lift on every bus in the country. They see 100 percent accessibility as a civil right. Rut the transit association notes in a written statement that no such accessibility is required by the Constitution, the Congress or the courts. It says the number of lifts on buses has increased to 30 percent now from 11 percent in 1981. In that same period, the administration of President Ronald Reagan has slashed the federal transit program's budget by 47 percent, the association says. The association says each local transportation agency should be allowed to determine how it will provide access for the disabled. Special services — like the Call-A-Ride service operated by the Bi-State Development Agency — may work better than lift-equipped buses in some areas, the association says. Local groups' methods for effecting change include working within the system. Starkloff serves on Bi-State's committee on transit for the elderly and disabled. The chairman of that committee, Fred Cowell, is executive director of the Gateway chapter of Paralyzed Veterans of America. Bi-State has made a commitment to install wheelchair lifts on all its buses, Cowell said. But the committee wants the agency's board of directors to adopt a policy stating it will do so. "We know that the buses are here to stay," Cowell said. "If or when budget cuts come, special services such as Call-A-Ride would be the first to go." Cowell and Starkloff said they feared that between the bureaucracy and the protests, the primary point — the need for equal transportation — was being missed. "A disabled person is not unlike any other person," Cowell said. Disabled people need to get to their jobs, to medical care and to social engagements, be said. "There is absolutely no difference in their need to get around," he said. Starkloff noted that the cost of a van equipped for a wheelchair — a minimum of about $20,000 — was prohibitive for most people. But the disabled should not have to wait at a bus stop on the chance that the next bus may be equipped with a lift, be said. Nor should they have to plan their trips 24 hours in advance, as Call-A-Ride requires, he said. Cowell said, "The main thing the (BI-State) committee has been trying to do is develop a deepening concern for services for the disabled and elderly." The fact that the committee has been successful in persuading Bi-State to buy only buses with lifts prevented the agency from bearing the brunt of ADAPT's effort here, one of the protest leaders said. The Rev. Wade Blank, a Presbyterian minister from Denver, is a co-director of ADAPT. He has a daughter who is disabled. Two months ago, representatives of ADAPT met with State officials in preparation for their trip here and learned of the agency's commitment to lifts, Blank said. As a result, ADAPT aimed its protests at the transit association's meeting and Greyhound Bus Lines. Greyhound is bidding on local routes in some metropolitan areas — Dallas, for one, Blank said. But it does not equip its buses with lifts, he said. A spokesman for Greyhound said last week that, instead, it provided a free ticket for a companion for a disabled traveler. Regarding the transit meeting, Blank said: "Our whole intent is to go after people who are so much wrapped up in the system that they insulate themselves from the issue. They have to live and breathe (ADAPT's protests) when they go to these conventions." Demonstrators here represented some of ADAPTs 33 chapters across the country, Blank said. He said his headquarters was with a group in Denver called the Atlantis Community, which moves disabled people out of nursing homes into independent living arrangements. Funding comes primarily from church donations and foundation grants, he said. From 1978 to 1981, ADAPT protested — and "caused a major disruption" — in Denver every month, Blank said. In 1982, the buses there became 100 percent equipped with lifts, he noted. ADAPT has since protested in all the cities where the transit association has met and where it has been invited by other activists, for a total of about 15 cities, Blank said. [unreadable] ...only buses with lifts, he said. Blank said the failure of local groups to join ADAPT's protests did not weaken the cause. Another success that ADAPT points to is a ruling by a federal Judge in Philadelphia in January striking down a regulation of the US. Department of Transportation that allows transit authorities to spend only 3 percent of their budgets on the disabled. The Judge postponed the effect of the ruling while the Justice Department appeals it. Three percent of Bi-State's budget for the current fiscal year Is $2.6 million, said Rosemary Covington, an agency official who works with the advisory committee. But Bi-State will spend only $1 million because of delays in getting bids on new buses and in expanding the Call-A-Ride service. "We are having budget problems, but that wasn't the reason" the money wasn't spent, Covington said. The remaining $1.6 million does not roll over to the fiscal year that begins July 1, she said. She said that by early next year, Bi-State expected that 221 of its fleet of about 700 buses will be equipped with lifts, 12 of the more than 120 routes will be operated entirely with lift-equipped buses, the Call-A-Ride service will include all of St. Louis County and the city and a voucher system will be available for back-up cab service. Equipping all the agency's buses with lifts will take six to seven years, Covington said. Meanwhile the committee will help evaluate the services for the disabled, she said. "If ridership doesn't materialize" on the buses with lifts or "if it costs thousands or millions (of dollars) to maintain them, that will enter into the decision making," Covington said. Bi-State is training drivers how to use the lifts and plans to promote and advertise the service heavily, she said.
ADAPT (596)
Page 8-A EXPRESS-NEWS, San Antonio, Texas, Tuesday, February 14, 1939 [Headline] Federal court order could have impact on VIA budget Complied from Staff and Wire Reports INSERTED QUOTE: “ The impact of the majority‘s decision will be very substantial throughout the country and will interfere with the local decision-making authority. I feel the court is overreaching." - Judge Morton Greenberg PHILADELPHIA — A court order Monday requiring the US Department of Transportation to require transit authorities to equip new buses with wheelchair lifts could have a significant impact on the budget of San Antonio's VIA Metropolitan Transit. Attorneys who brought the lawsuit that led to the ruling called it the most important decision ever handed down for handicapped people needing public transportation. Carol Ketcherside, assistant for governmental affairs to VIA manager Wayne Cook, said the wheelchair lifts add at least $15,000 to the cost of a new bus. The average life-time of a VIA bus is 12 years, she said, and when the expense is spread across a fleet of 500 buses, the cost for lifts "would be significant." The $15,000 cost does not include the cost for maintaining the lifts or for refitting bus stops to make them accessible, she said. All bus stops being built by VIA currently are accessible, however. The 3rd U.S. Circuit Court of Appeals said Monday a Transportation Department regulation requiring all new buses to accommodate wheelchairs conflicts with another allowing communities to offer only an alternative service, such as special vans to the handicapped, which VIA offers. The court said a rule requiring reservations 24 hours in advance for use of the alternative transportation hinders the spontaneous use of mass transit by the handicapped. As a result, the court ordered transit authorities to make "reasonable accommodations to their programs, i.e. purchase wheelchair-accessible buses." The court also upheld a controversial decision requiring the Transportation Department to eliminate a cap on the amount of money transit authorities need to spend on making transportation accessible. A federal judge ordered VIA in 1985 to upgrade its services for the handicapped following a class action suit brought in 1983. The bus company's response was to create VIAtrans, a fleet of specially equipped vans that provide service to the handicapped who give advance notice. Ketcherside also said VIA already spends more than the 3 percent maximum the Transportation Department can require for its accessibility programs. "We far exceed the requirements of the federal government" she said. She said VIA will have to wait to see whether the Transportation Department will appeal the ruling or issue new regulations in accordance with the appeals court order to determine how it will affect the transit company. A coalition of disabled people and 12 organizations called Americans Disabled for Accessible Public Transportation (ADAPT) filed the lawsuit last year that led to the appeals court decision. ADAPT contended that a provision of the federal regulations allowed authorities receiving federal transportation funds to exclude the handicapped from "effective and meaningful" access. The provision allows transit authorities to decide among three types of handicapped-accessible transportation: accessible buses, vans for the handicapped, or combination of the two. U.S. District Judge Marvin Katz overturned the provision in cases where the transit authority buys any buses. He also overturned a regulation requiring authorities to spend no more than 3 percent -- of their average annual operating budget on transportation for the handicapped. Katz called the limit arbitrary and said it allowed transit agencies "to eviscerate the civil right" to transit service that Congress mandated for the handicapped. Circuit Judge Carol Las Mansmann in writing the 2-1 opinion also cited Congress' intent. "Congress wanted to provide the disabled with the capability to utilize mass transit to the 'maximum extent feasible.' The DOT has failed to show that requiring the future purchase of accessible buses oversteps this legislative intent." Mansmann wrote. In a dissenting opinion, Judge Morton Greenberg said the section requiring new buses to be accessible was not meant to apply to transit systems choosing paratransit system, such as special vans. He also [said] the 3 percent cap was not arbitrary. “ The impact of the majority‘s decision will be very substantial throughout the country and will interfere with the local decision-making authority," Greenberg wrote, "I feel the court is overreaching." Timothy Gold [Cook] who argued the case before the court, said the ruling was “a major, major victory for the handicapped community ... we can't say enough positve things about it." Gold [Cook], who is now director of the Washington-based National Disability Action Center, said he hoped the ruling would not be appealed in light of President Bush's recent comments about wanting to bring the handicapped into the mainstream."
ADAPT (592)
[Headline] Wheelchair lifts required on all new transit buses Denver Post Staff and Wire Reports PHILADELPHIA -- Advocates for the disabled Tuesday 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 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. The ruling apparently will have no impact on the Regional Transportation District in Denver, which already has a handicapped accessibility policy that mirrors requirements outlined by the appellate court, an RTD official said. RTD spokeswoman Diana Yee said 80 percent of the system’s 750-bus fleet is wheelchair lift-equipped. Additional service is supplied by a 16-vehicle paratransit program called Handi-Ride that uses vans and small buses to respond to individual transportation requests. RTD also is requiring private operators; soon to takeover 20 percent of the system’s routes, to use buses equipped with wheelchair lifts. James Fornari, a New York City attorney for a group of veterans with spinal-cord injuries, said the court ruling will force transit systems to look for the most efficient means of serving disabled people. “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. Engelken said his association’s board, which comprises the heads of transit agencies. across the nation, believes agencies should be able to decide on a local basis how best to serve disabled people.
ADAPT (605)
Courier Journal, Louisville, KY PHOTO (staff photo by Paul Schumann): A dark paneled office with official looking pictures and places on the walls, is full of people in wheelchairs, and a couple of people standing at the back of the group. Those in wheelchairs (ranging from manual chairs to motorized ones appears to be listening. To the right of the picture a man in a white shirt and tie is standing with his arms crossed looking down at some of the people in wheelchairs. In the center of the front of the picture a man with a short pony tail (Arthur Campbell) talks to the man standing. To his left a woman in a chair (Ann ____) looks on. Caption reads: Assistant U. S. Attorney Terry Cushing talked to members of disability-rights groups yesterday as they held a sit-in in the lobby of the U. S. attorney’s office. [Headline] Advocates of disability rights hold sit-in in support of transit ruling By CLARENCE MATTHEWS Staff Writer About a dozen members of disability-rights groups held an impromptu sit-in in the lobby of U.S. Attorney Joe Whittle’s office in Louisville in support of a federal court ruling that public transit must be accessible to disabled passengers. The sit-in was orderly, and the group left about three hours after entering the office. A 3rd U.S. Circuit Court of Appeals panel ruled 2-1 last month that lift-equipped buses are part of Congress‘ mandate to make public transportation more accessible to the disabled. The court also ordered the U.S. Department of Transportation to rewrite regulations that let cities offer the disabled alternative services, such as van rides. It said the 24-hour reservations required for such services hinder use of mass transit. Representatives of local disability-rights groups began demonstrating at ll:30 a.m. outside the Federal Building at Sixth and Chestnut streets. They formed a noon-hour caravan of wheelchairs for the trip to the U.S. attorney's office on the 10th floor of the Bank of Louisville building at Fifth Street and Broadway. Demonstrators asked that the U.S. attorney call John Sununu, the White House chief of staff, to tell President Bush to instruct federal officials not to appeal the decision. When told Whittle was ill, the demonstrators asked to meet with an assistant. Arthur Campbell Jr., a spokesman for the group, told Assistant U.S. Attorney Terry Cushing, “This ruling; gives us the freedom that the rest of society takes for granted." Cushing promised to pass their request on to Whittle. "Can’t you do that now?" a demonstrator asked. Cushing said he couldn't because someone was waiting in his office, but promised to do it later. “We’ll wait until Monday if necessary," another group member said. They left about three hours later, after Cashing called Whittle and several members of the group spoke to him. "He (Whittle) asked me to take some additional information from them about the case. and they left," Cushing said. The demonstration was part of a nationwide observance sponsored by American Disabled for Accessible Public Transportation, a plaintiff in the federal Court case, and other disability rights groups.
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 (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.
ADAPT (607)
[Headline] Disabled score transit win [Subheading] Court: Buses must have wheelchair lifts BY The Associated Press The Standard Times 2-14-89 New Bedford, Mass PHILADELPHIA — A U.S. appeals court ruling requiring wheelchair lifts on new public buses nationwide is the most important victory yet for disabled Americans seeking access to mass transit. plaintiffs’ lawyers say. In its 2-1 ruling Monday, the 3rd U.S. Circuit Court of Appeals is also upheld a lower court order that the federal Department of Transportation eliminate a 3 percent cap on the amount of money transit authorities must spend to improve transportation for the disabled. “The impact of the majority’s decision will be very substantial throughout the country and will interfere with the local decision-making authority," Judge Morton I. Greenberg wrote in his dissent. “I feel the court is overreaching." The majority opinion by Judge Carol Lois Mansmann said a Transportation Department regulation requiring all new buses to accommodate wheelchairs conflicts with a regulation allowing communities to offer only an alternative service to the disabled. The court noted that a 24-hour reservation needed for the alternative service hinders spontaneous use of mass transit, and ordered transit authorities to make "reasonable accommodations to their programs. i.e. purchase wheelchair-accessible buses." The cost of improving transit services for the disabled would depend on each system, Timothy Cook, who represented the plaintiffs, has said. It costs $15,000 to equip a bus with a wheelchair lift and buses cost about $200,000, according to Joaquin Bowman. a spokesman for the Southeastern Pennsylvania Transportation Authority. Judge Greenberg said the section concerning wheelchair lifts for new buses was not meant to apply to transit systems choosing alternative transportation for the disabled. He also said the 3 percent cap imposed in 1986 by the Reagan administration was not arbitrary. A coalition called Americans Disabled for Accessible Public Transportation, which has chapters in 25 cities and whose members have been arrested at demonstrations around the country, filed the class-action lawsuit against the Transportation Department last year. Mr. Cook, who argued ADAPT’s case. called Monday's ruling "a major, major victory for the handicapped community. . . . We can't say enough positive things about it.” "We won on all points," added Stephen Gold. another ADAPT attorney. Mr. Cook. director of the Washington-based National Disability Action Center, said he hoped the ruling would not he appealed in light of President Bush's comments about wanting to bring the disabled into the mainstream. Transportation Department officials in Washington could not be reached for comment after office hours Monday. ADAPT contended that a provision of the federal regulations allowed authorities receiving federal transportation funds to exclude the disabled from “effective and meaningful" access.
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 (594)
El Paso Times 2-16-89 Editorials [Headline] Court decision right The 3rd U.S. Circuit Court of Appeals ruling requiring wheelchair lifts on all new public buses has long been needed. The tragedy is that it takes court rulings to force many public operations to provide for the disabled. For once, El Paso is ahead of the order. According to bus system officials, all buses on order will have the lifts, which add about $15,000 to a bus’ price. An average bus costs about $200,000. El Paso's attempts at meeting needs for the disabled — separate minivans and buses — have been far from adequate. Reservations had to be made at least a day in advance and buses often only could be used for the basic necessities, such as trips for food and to the doctor. For a long time, evening rides were not available. People in wheelchairs had to depend on friends to get to a movie, theater or any kind of recreation. And too often, that meant no pleasure trips at all. Credit tor this recent court win goes to the Americans Disabled For Accessible Public Transportation, who filed the class-action lawsuit. El Paso has an active chapter of ADAPT. Its members have not been shy in pointing out barriers. Monday's court victory is an important step in eliminating one of those barriers.