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இல்லம் / ஆல்பங்கள் / குறிச்சொல் 3rd US Circuit Court of Appeals 27
உருவாக்கிய தேதி / 2013 / ஜுலை
- ADAPT (604)
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) are facing in various directions but generally form a circle. Everyone 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 (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. - ADAPT (597)
PHILADELPHIA DAILY NEWS 3-25-89 PHOTO (by SAM PSORAS/ DAILY NEWS): A group of people with picket signs are gathered in front of a dark wall with a door. A woman (Cassie James) in a motorized wheelchair is sitting sideways in the center. She has a huge sign that reads in great big letters "ACCESS NOW." She has shoulder length hair and is wearing glasses, a dark coat, white pants and stylish boots. In front and to her left another woman in a wheelchair is sitting in front of the doorway leaning to one side talking to a woman in a midcalf length coat holding a cane. The woman in the wheelchair is holding a sign that reads "Disabled In Action." Above the door on the side of the wall you can read "841 Chestnut ..." Behind the woman in the center is another person standing with a sign that reads "Access is a civil right!" That person is looking at 2 other women standing, one of whom is holding an 81/2 by 11 sized bundle and is wearing a coat and boots and seems to be holding a bull horn. Beside her the last person is holding a sign that reads "No Appeal." Caption reads: ALL THEY ASK is ALL ABOARD A contingent of eight protesters, some in wheelchairs, picketed the United Mass Transit Administration office, 841 Chestnut St., yesterday in support of a recent 3rd U.S. Circuit Court or Appeals ruling that all buses bought with federal funds must be accessible to disabled riders and that all who can't use buses must be afforded other mass transit. The protesters said they represented a variety of advocacy groups staging protests nationwide on behalf of 5 million disabled and elderly Americans. - ADAPT (464)
T I P S & TRENDS The President's Committee on Employment of People With Disabilities |Vol. 1 No.4 April 1989 [Headline] Administration Granted Rehearing of Transit Access Decision On April 10, 1989, the U.S. Department of Transportation (DOT) requested a rehearing of a court decision that would make many transit systems more accessible to people who use wheelchairs. DOT requested all eleven judges of the U.S Court of Appeals for the Third Circuit to rehear the February 13 ADAPT (American Disabled for Accessible Public Transit ) vs. DOT decision (see March Tips & Trends) which ordered DOT to cease subsidizing buses purchased by transit systems unless they are equipped with wheelchair lifts. On April 19, 1989, the Third Circuit Court of Appeals vacated the February 13 decision and granted a rehearing to DOT. The unusual decision to grant a rehearing may indicate that the February 13 decision will be reversed. [Subheading] Decision Angers Protesters Also on April 10, disability advocates and members of ADAPT were protesting for accessible public transportation during a regional meeting of the American Public Transit Association (APTA) at the Nugget Casino in Reno, NV. Protesters were disappointed by the announcement that the Federal government had asked for a rehearing of the ADAPT vs. DOT decision. Three people with severe disabilities were injured, 49 protesters were arrested and many were jailed. Untrained ranch hands from the surrounding area assisted the under-staffed Reno police department with the arrests, and threatened to take seeing eye dogs from blind protesters if they did not disperse. Wheelchair users were dragged from their seats by the local police and deputies, who broke a leg of one severely disabled protester. Wade Blank, spokesperson for ADAPT, commented from Reno: "This means the protests must continue, all the way to the White House if need be.” Article is accompanied by a picture of a handwritten letter from a very young child. The letter reads: Dear Pres. Bush, Please stop the appeal so my sister can ride the bus with me. I love you. Kailee (5 yrs. old) - 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 (472)
PHOTO by Tom Olin: A line of ADAPT protesters in wheelchairs, and a few standing, cross the city street. In front of them a uniformed policeman and a plain clothes cop stand together conferring but looking in different directions. Behind the two a man on crutches stands almost hidden. Behind the line of protesters are 2 large city buses, blocked by the protest. One has a sign on top that reads Deptford Mall, [in NJ], the other Glassboro. From left to right the protesters are: Julie Nolan, Leo Lucas, Carrie Johnson, Carol Marfisi, Stephanie Thomas, Diane Coleman, a man in a wheelchair, a very short woman or girl with her back to the camera, Mike Early, and behind him a woman with white hair and a very tall African American man stand against the bus. Signs read: Access Now!!, Access Not Excuses, We Will Ride, We Need to Get There Too!!, Stop Bush Attacks Against Disabled, No Transportation without Integration. This protest is in Philly and members of CORD and ADAPT joined forces before the Third US Circuit Court of Appeals court date. - 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 (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 (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 (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 (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 (589)
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. - ADAPT (479)
Two articles included here: Denver Post April 26, 1989 [Headline] Disabled protesters physically removed from the Federal Building By Peter G. Chronis Denver Post Staff writer More than 40 disabled demonstrators in wheelchairs jammed the lobby of U.S. Attorney Mike Norton's Denver office Tuesday to protest U.S. Justice Department action in a transit-access lawsuit. About 30 members of Americans Disabled for Accessible Public Transportation and a few non-disabled protesters stayed from noon to 5:30 p.m., when officers of the Federal Protective Service began removing them from the 12th floor of the Federal Building at 19th and Stout streets. All the demonstrators were physically led from the building, but no one was arrested. Protesters from Texas, Georgia, California, Massachusetts, Illinois, New York and elsewhere have converged on Denver to demonstrate this week during a federal Urban Mass Transit Administration meeting. They blocked lobbies and doorways of the Radisson Hotel on Sunday night and on Monday; on Tuesday, they targeted Norton’s lobby. The group's grievance is rooted in a Philadelphia lawsuit against the U.S. Department of Transportation in which a three-judge panel of the 3rd U.S. Circuit Court of Appeals mandated that all new public transit buses be equipped with hydraulic lifts for the handicapped. ADAPT member Diane Coleman, a Los Angeles lawyer, said the Justice Department has asked the appeals court to vacate the decision and rehear the suit before the entire 12-member court. The full court agreed to do that, and it has has set oral arguments for May 15. Demonstrators demanded that Norton set up a conference telephone call with U.S. Attorney General Richard Thornburgh, but Norton told the group that Thornburgh was traveling and could not be reached. Norton, shouted down several times as he spoke, promised to write a letter to Thornburgh expressing the protesters‘ concerns. He also gave the demonstrators Thornburgh’s Washington telephone number. About 4 p.m., after calling Washington, Norton also told the group that the administration appealed the court decision because it felt a policy calling for $270 million a year in additional spending should be made either by the administration or by Congress — not by a federal district court. Coleman said federal regulations allow decisions on disabled transportation to be made locally. “As a practical matter, that meant no transportation," she said. “We want a nationwide policy — we don't want to fight city by city." Bob Kafka, an ADAPT member from Austin, Texas, added, "Disabled kids in school today are being sold a bill of goods that they‘re going to be integrated into society." Transportation is the key to integrating the disabled, he said. Ironically, he also said that Denver's public transportation facilities for the handicapped offer relatively good access to the disabled. The end of first article; second article below: Rocky Mountain News LOCAL BRIEFS Rocky Mountain News Staff April 26, 1989 [Headline] Wheelchair-lift issue in court’s lap, lawyer says U.S. Attorney Michael Norton yesterday told a group of disabled activists that the federal government's appeal of a court ruling on bus wheelchair lifts was out of his hands. Norton appeared before 40 wheelchair-bound members of ADAPT, American Disabled for Access to Public Transit, who had camped several hours outside his 12th floor offices in Denver's federal building. ADAPT members are angry about an appeal by the U.S. Justice Department on behalf of the Department of Transportation. The appeal seeks to overturn a federal court ruling requiring all local transit buses to be equipped with wheelchair lifts. Thirty protesters were arrested Monday for blocking the doors of the Radisson Hotel, where their target, the Urban Mass Transportation Administration, was holding a conference. - ADAPT (444)
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. - 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.