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Heim / Albúm / Merki 3rd US Circuit Court of Appeals
+ APTA - American Public Transit Association 6
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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.
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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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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.
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The Dally Sparks Tribune Monday, April 10, 1989 - Vol. 77, No. 236 © 1989 Sparks Tribune Co. 25 cents [Headline] Protesters, police clash at Nugget One demonstrator hurt; 7 in jail begin a hunger strike By Steve Timko - Tribune Staff Seven handicapped-rights advocates sent to the Washoe County jail Sunday night by Sparks Municipal Court Judge Don Gladstone are staging a hunger strike until they are free from jail. And one member of American Disabled for Accessible Public Transit (ADAPT) that protested at John Ascuaga's Nugget Sunday said her knee was broken when a Nugget security officer accidentally hit her leg with a door. Approximately 75 ADAPT members paraded down B Street and converged on the Nugget to protest the American Public Transit Association (APTA) meeting that is continuing through Sunday. The transit association opposes installation of wheelchair lifts on new public buses and the disabled group sought a meeting with its leaders inside the casino to discuss the issue. Nugget employees stood inside the casino doors, refusing to allow access to the ADAPT members. In response, the ADAPT members, most of them in wheelchairs, blocked the entrances to the hotel casino. Meeting organizers said they would meet at 1 p.m. today at Western Village Casino to consider what form of protest, if any, the group should stage today. "We‘ll definitely be taking an action, but we'll be discussing what we're going to do," organizer Stephanie Thomas said. Forty-nine people were arrested Sunday and seven were sent to jail. ADAPT leaders said this morning at the Washoe County jail that the seven being held were staging a hunger strike. Five of the seven pleaded not guilty to misdemeanor charges during their arraignment Sunday night in Sparks Municipal Court for refusing to give information that would allow them to be released on their own recognizance. They have trials set for next Monday. One was cited for contempt of court by Gladstone and sentenced to two days in jail and another was sent to jail until he pays his fine. ADAPT member Beverly Furnice, a cerebral palsy victim, said this morning she is finished protesting after her knee was broken Sunday. Furnice was in her wheelchair near the southeast door on the 11th Street side of the building when a security officer hit her leg, she said. She knew immediately it was broken, Furnice said. “It hurt. I hollered, ‘It hurt my leg. It hurt my leg,'" Furnice said. She went to Sparks Family Hospital where they bandaged her leg, she said. "l'm sorry to hear that," Nugget spokesman Parley Johnson said. “We made every possible effort to ensure the safety of all involved," Johnson said. “However, if we have someone trying to get in, ...and we're trying to get the doors closed, what can I say? The person (trying to get in) is contributing to the problem. "We could not allow the group to come in and disrupt our business and cause problems with our customers," the Nugget spokesman said. “And we have every right to do this." ADAPT protesters are staying at Western Village and took their protest down B Street to the Nugget about 3 p.m. Sparks police made some preliminary arrests and by 5 p.m. all of the ADAPT protesters had moved away from the casino doors. But then at 5:07 p.m.,a phalanx of about a dozen in wheelchairs charged down Nugget Avenue between interstate 80 and the Nugget parking lot and the doors were again barricaded. Just about every Nugget entrance seemed to be blocked at one point or another. ADAPT protester Harlan Hahn of Santa Monica,Calif., was talking to a reporter when Pam Fyock of San Luis Obispo, Calif., who is also confined to a wheelchair, scolded him and other protestors as she left the Nugget. “Just arrest them and haul their ass off," Fyock said of protesters. “They're inconveniencing all of us." After Fyock's comments, however, a transportation association member from Denver said he supported the protestors in their efforts to require more handicapped access to public transportation. “Based on my experience. we don't have problems providing access to the handicapped," said Kevin Sampson of the Denver Regional Transportation Department. “In Chicago, they have hardly any (handicapped access). In Denver, we have almost 600. What the hell is wrong with Chicago?" Sampson said. Hahn, a political science professor at the University of Southern California, compared the handicapped protests to the civil rights protests by the blacks in the 1950s and 1960s against being forced to sit in the back of the bus. "Sparks is the site of a civil rights struggle that began with the Montgomery Boycott," Hahn said. ADAPT protest organizer Stephanie Adams said the Sparks protest has been a little rougher than protests in other cities, citing Furnice's broken knee as one example. "They don't usually handcuff us" when they are arrested, Adams said. Protesters were also pushed and kicked as they tried to enter doors, she said. “Having people serve time for a first offense is not typical," she added. This was the seventh straight year the disabled group had staged a protest at a meeting of the transit group. PHOTO 1 (above) by Joanne Haskin: An African American protester [ET, Ernest Taylor] in a manual wheelchair is bent double on his lap, grimacing, as police officers on each side hold his arms behind his back. PHOTO 2 (right) by Joanne Haskin: A police officer holds a bull horn to his mouth, and a clip board in front of him. Behind him the scene is crowded with several other policemen's heads. All are wearing caps with the Sparks police star logo on the front, and the officer in front has the leaf insignia on the brim. Caption reads: Protest arrests — Sparks police handcuff an unidentified protester (above), one of 49 people arrested Sunday afternoon when members of a handicapped rights group attempted to block the entrances to John Ascuaga's Nugget. The group was protesting the policies of the a public transportation group holding a convention at the Nugget. More than two dozen Sparks police officers, aided by the Nugget's security staff, attempted to maintain order during the demonstration.
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METRO Magazine March/April 1989 pp.18 - 21 Court Rules On Wheelchair Accessibility U.S. Court of Appeals orders that all new transit buses be wheelchair lift-equipped and paratransit service provided. by Jason Knott (This story continues through 484, 471, 470, 465, and 466. However, the entire text of the story is included here for ease of reading.) DRAWING: A large balance scale with a bowl hanging from each side of the balance. One bowl has the acronym APTA in it, the other has ADAPT. QUOTE below the picture: “I don’t think the government should mandate installation of lifts. It can become expensive for the smaller transit properties." —Davis There are more than 40 million disabled Americans and an estimated 67 percent of them are unemployed, according to the National Easter Seal Society. Meanwhile, a recent Harris poll revealed that three out of every 10 disabled persons say they cannot work because of a lack of accessible transportation. Moreover, the same poll shows that 49 percent of the disabled believe their mobility is limited because of transportation barriers. These statistics confirm that public transit accessibility is an important ingredient to mainstreaming the handicapped into society. On the flip side of the coin are the public transit authorities who are in the business of transporting ambulatory, as well as handicapped, persons in the most economical method possible. It would seem that the handicapped, who depend on public transit, would be natural constituents of transit agencies; however, the two groups have been at odds for years, grappling with each other over the accessibility of service. In particular one handicapped rights group — ADAPT (Americans Disabled for Accessible Public Transit) — has been fighting with public transit across the nation. ADAPT wants every fixed route transit bus equipped with a wheelchair lift. In order to express its point, the group conducts disruptive protests at conferences held by the American Public Transit Association (APTA). (See September/October 1988 METRO Magazine, “When Rights Clash," page 79) Today, disabled Americans can chalk up a victory in their constant battle for a broader distribution of handicapped-accessible transit service. On February 13, a federal appeals court ordered the U.S. Department of Transportation to require transit authorities to equip all newly purchased buses with wheelchair lifts. The 3rd Circuit Court of Appeals in Philadelphia also determined the 3 percent cap placed on transit agencies for handicapped expenditures was too low in the case entitled “ADAPT vs. Burnley." Wade Blank. director of ADAPT, applauded the court decision, saying the ruling is significant in the sense it is "evolutionary." Blank said, "We are now getting back to where we were in 1978. When we filed originally, we targeted the 3 percent cap. We decided to broaden the case because the climate in the country has changed. We talked with our attorneys and they broadened it to include the original intent of Section 504, and to really challenge the 1980 case that APTA brought. We are victorious because of a major mood change in the country regarding handicap accessibility." Blank cited two other recent rulings in Detroit and Chicago favoring handicapped accessibility. The Philadelphia ruling is in conflict with APTA's official policy, which was spelled out in a position paper reissued in October 1988. The association favors the local-option approach by which each local transit authority determines its own handicapped transportation policy. APTA's Board of Directors recently rejected a similar proposal calling for all new transit buses to be lift-equipped, according to Albert Engelken, deputy executive director. In other words, APTA believes that each local transit authority should create its own balance between demand response - or dial-a-ride — service, and fixed route accessibility. “It is very important that people realize that APTA is not against wheelchairs on transit buses," said Engelken, “rather, we are for local decision. The board of directors unanimously supports this approach. Every transit system makes their decision after in-depth consultation with the local disabled community. They are not making their decisions blindly." What next? The Department of Transportation is currently exploring its options, which include seeking a rehearing by the appeals court, appealing the-decision to the U.S. Supreme Court, or accepting the ruling. Michael Jacobson, spokesman for the DOT, could not give an estimate on when a decision might be made. An appeal is possible despite President Bush's recent campaign commitment to handicapped programs. Whether the decision will affect bus procurements that are currently - underway is unclear. Jack R. Gilstrap, APTA's executive vice president, issued the following statement concerning the ruling: “Because of the cost impact of the decision which requires lifts on all new buses plus paratransit service, and because it is inconsistent with other court decisions which create conflicting obligations on the part of the DOT and local public transit systems, APTA is urging DOT to challenge the decision." “Obviously this decision is extremely important," said Charles Cowie, national sales manager for Mobile Tech Corporation, a Hutchinson, Kansas-based manufacturer of wheelchair lifts for transit buses. “The objective is to make accessibility and mobility easier for the disabled, but to some, the decision favors a sector of the populous that is not altogether popular." “In a philosophical sense, the ruling is great," said Bill Hinze, National Sales Manager for Ricon, a dedicated lift manufacturer in Sun Valley, Calif. “It’s like a mandate for racial integration — it should have been done years ago." However, Hinze indicated he is still an advocate of demand response systems. “I don't think the government should mandate installation of lifts," said Bob Davis, vice president of Bus Manufacturing USA, a Goleta, Calif.-based distributor of semi-automatic lifts. “It can become expensive for the smaller transit agencies." The court also ruled that the current 3 percent cap on handicapped spending was insufficient; however, many agencies were already spending a higher percentage. In fact, in California and state law already requires all newly purchased transit buses to be equipped with wheelchair lifts. “Other states were already adhering to a similar policy, although it is not written in law," said Don Smith, director of marketing for Lift-U, Inc. in Escalon, Calif. According to Engelken of APTA, an average of 6 percent of transit expenditures are directed toward improving handicapped transportation already — double the required limit. Moreover, an APTA survey indicates that 31 percent of all transit vehicles are lift equipped, with the number steadily rising. The court decision comes in the wake of several different movements toward the improvement of handicapped accessibility to public transit. [Subheading] Project ACTION As part of the APTA’s Elderly and Disabled Task Force, a three-year Congressional program called “Project ACTION" (Accessible Community Transportation In Our Nation) will soon establish six demonstration sites nationwide to study handicapped transit accessibility. The National Easter Seal Society is conducting the three-year, $3 million undertaking. Congress has earmarked $1 million in fiscal year 1988 UMTA research and technical assistance funds to initiate the project, and an additional $1.35 million in fiscal year 1989. Project ACTION is designed to improve access to transit services for the handicapped. It will involve national and local organizations representing public transit operators, the transit industry, and people with disabilities in the development of a cooperative model program promoting greater access to transportation. Project ACTION is the result of a mandate from Congress to find ways to better accommodate the transportation needs of people with disabilities. The program will focus on five key concerns of people with disabilities and local transit operators seeking to improve transit: * Identifying persons with disabilities in the community. * Developing effective outreach and marketing strategies. * Developing training programs for transit riders. * Developing assistive programs for people with disabilities. * Applying appropriate technology to solve critical barriers to transportation and accessibility. “APTA’s task force is examining numerous areas to improve handicapped transportation," said Engelken. “We are looking at how to improve the marketing of service and we are struggling with the wrenching problem that exists in that area. "We have to make sure that people are riding the buses,” added Engelken. “If we don't, then the federal and state government are going to say that transit agencies are spending their money unwisely.” [Subheading] Operating costs The court decision also comes at a time when some transit agencies are lowering their wheelchair lift operating costs. In fact, figures released by ADAPT, claim that Seattle Metro operating costs were $3.13 per lift in 1987, with a reliability rate of more than 98 percent. In comparison, the Bay Area Regional Transit Association cited operating costs of $118.55 per trip for wheelchair lift-equipped transit buses among the several different transit authorities operating in the region. This disparity is due to widely different methodologies for calculating costs, a condition that has led to an absence of reliable nation-wide data. Tim Cook, director for the National Disabilities Action Center in Washington, D.C. and the attorney representing ADAPT in court, said, “I’m not sure accurate figures exist because it varies from system to system. National figures are meaningless because many systems haven't made a decision to make a commitment to accessibility." “Every property has it differently organized. Some agencies will designate one mechanic to maintain 75 to 100 lifts," said Smith of Lift-U, “But it really depends on how committed the maintenance director or general manager is to wheelchair lifts." [Subheading] Technology Mobile Tech and Lift-U manufacture electro-hydraulic passive wheelchair lifts for the transit industry. These lifts do not require the driver to leave his seat to operate the device. Ricon is a leading manufacturer of dedicated lifts, which are common on paratransit vehicles. These lifts are ideal for the handicapped, but cannot be used by ambulatory passengers. The lift does not utilize hydraulics. Another lift on the market is the AMF Hubmatik swivel-lift manufactured in West Germany. The lift is marketed in the U.S. by Bus Manufacturing USA and Ortho Safe Systems in Trenton, N.J. The semi-automatic, electro-hydraulic lift requires the driver to swivel the unit out the door for boarding and departure. It is currently in use by Sun Line Transit Agency in Thousand Palms, Calif. Due to constant R & D by the manufacturers, lift technology is dynamically improving. According to Smith, future innovations in passive lift technology will include state-of-the-art circuit boards, LED's and microchips. Cowie of Mobile-Tech predicted a 180 degree turn in technology within the next two years. Hinze indicated his company is developing a lift that can be utilized by both handicapped and ambulatory passengers and reduce maintenance costs by up to 10 percent. The court ruling does not touch upon rail accessibility at all. Installation of wayside wheelchair lifts for rail systems has not been as active as bus development. According to Smith, some transit agencies have requested lifts be designed for installation on the railcars themselves; however, because of the small demand, this is not profitable for passive lift manufacturers. More R & D is necessary on the shock and vibration of railcars to produce a passive lift that can withstand that environment. However, San Diego Trolley has been using on-board lifts for three years, and recently ordered 41 more units according to Hinze of Ricon. This onboard lift eliminates the problem of railcar operators “spotting” their stops for wayside lift access. The ruling could also mean increased specification of wheelchair restraint systems such as the one manufactured by Q'Straint in Buffalo, N.Y. The system consists of four stainless steel floor plates mounted flush with the floor. Four belts, two in front and two in the rear, and a shoulder harness and lap belt secure the rider. [Subheading] Solving the problem Despite the jubilation one might expect among wheelchair manufacturers, many seem to believe a mixture of demand response service along with fixed route wheelchair service is the ultimate solution to transporting the disabled and elderly. "The degree of demand response versus fixed route service should be a local decision," Cowie said. “It is important to mainstream the handicapped in the bigger cities through fixed route service; however, demand response is good in rural areas." These thoughts were echoed somewhat by Smith, who is a member of APTA’s Elderly and Disabled Services Task Force. "There should definitely be a mixture of services," he said. “[The government] can't dictate how every community should handle this problem. Some communities have spent a lot of money of their dial-a-ride service. You need to have a local option. “Another solution," continues Smith, "might be to make fixed route service fully accessible and let another organization — outside the realm of public transit — take care of special needs or demand response service." He believes the transportation problems of the elderly and the disabled should be handled separately. the end of article BOXED TEXT next to main article: [Heading] The Long Road To Wheelchair Accessibility A federal appeals court has ordered the U.S. Department of Transportation to require transit authorities to equip new buses with wheelchair lifts, and provide public transport for riders unable to use lift-equipped buses. Attorneys who brought the lawsuit called it the most important decision ever handed down for handicapped people needing public transportation. The decision, in the U.S. 3rd Circuit Court of Appeals was, 2-1. “We conclude that ordering that newly purchased buses be accessible to the mobility disabled does not exact a fundamental alteration to the nature of mass transportation," Judge Carol Mansmann wrote in the majority opinion. “Also, by requiring that newly purchased buses be accessible, we are not imposing undue financial or administrative burdens on the local transit authorities." In the dissenting opinion, Judge Morton I. Greenberg said the section requiring new buses to be accessible was not meant to apply to transit systems choosing a paratransit system. Timothy M. Cook, director of the National Disability Action Center, argued the case before the appeals court and called the decision, “a major, major victory for the handicapped community. We can't say enough positive things about it.” Cook expressed hope that the ruling would not be appealed in light of President Bush's recent comments about his desire to bring the handicapped into the mainstream. The Transportation Department had appealed an earlier decision by U.S. District Judge Marvin Katz in Philadelphia that canceled a 1986 department regulation calling for mass-transit authorities to spend up to 3 percent of their operating budgets on providing services for the handicapped. In his decision, Katz called the 3 percent requirement unreasonable, but ruled the department must resolve differences between equality for the handicapped and cost efficiency. Americans Disabled for Accessible Public Transportation (ADAPT) appealed Katz's simultaneous ruling that upheld the right of transit authorities to decide whether to fit vehicles for the handicapped or provide other services. The appeals court ruling affirmed Katz's decision in favor of dropping the 3 percent provision, but it reversed his other decision by ordering transit authorities to equip new buses with chair lifts or other accommodations for the handicapped.
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A-12 /The Houston Post/Wednesday, February 15, 1989 NATION & WORLD [Headline] Disabled hail ruling on bus access [Subheading] Court requires transit agencies to install wheelchair lifts ASSOCIATED PRESS 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 American Public Transit Association in Washington. He said wheelchair lifts receive limited use where they exist and are an added expense to transit agencies at a time when federal subsidies are dwindling. A 3rd U.S. Circuit Court ol Appeals panel ruled 2-1 Monday that Congress has made its wishes on accessibility clear, and lift-equipped buses are part ol that mandate. The court ordered the Department of Transportation to rewrite a regulation allowing communities to offer alternative paratransit service, such as van rides. 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 DOT regulations on light rail and commuter rail systems. Transportation department spokesman Bob Marx said DOT attorneys had not seen the decision and would not comment. Officials of Houston's Metropolitan Transit Authority also had not seen the decision, but MTA spokeswoman Carol Boudreaux said the authority would comply with any new regulations. Representatives of the disabled community in Houston lauded the ruling. “The disabled community is excited and we hope Alan Kiepper, manager of Houston Metro, hears this message from the courts and the disabled community. Access is a civil right," said Vicki Harris, executive director of the Center for Independent Living. Currently, Metro's MetroLift program provides scheduled curb-to-curb transportation for mentally or physically disabled persons who are unable to ride regular buses. Bob Kafka, an American Disabled for Accessible Public Transportation representative who joined Harris at a news conference, said he believed the cost of retrofitting buses with wheelchair lifts would be too costly, but said he hoped the ruling would force Metro to buy new buses with lifts. "Disabled people are part of this community, and they should have access to mainline transit," he 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. lt costs $15,000 to equip a bus with a wheelchair lift, and buses cost about $200,000, said Joaquin Bowman, a spokesman for the Southeastern Pennsylvania Transportation Authority.