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Domov / Albumi / Oznaka 3rd US Circuit Court of Appeals 27
Datum objave
ADAPT (583)
Fort Worth Star Telegram / Sunday March 26, 1989 [Headline] Disabled evicted by guards [Subheading] Fort Worth protest at courthouse ends BY Whitt Canning, Fort Worth Star Telegram Bob, Joe, Frank, Tim and Frazier spent a quiet evening Friday on the ninth floor of the Federal Building nodding off occasionally between friendly chats with the guards. Having arrived earlier in the day to take part in a protest by a group of disabled people against the Urban Mass Transit Administration, they hadn't really planned on staying the night. Things just sort of worked out that way. Their strange vigil ended abruptly about 1:15 p.m. yesterday when they were evicted by Federal Protection Service officers, who explained that it was being done for their own good. “They physically picked us up and carried us out," said Bob Kafka, admiring a skinned place on his right forearm that was bleeding slighty. “At least," said Joe Carle, “it was reassuring being in the hands of the kinder, gentler Bush administration." Kafka, 43, Carle, 50, Frank Lozano, 38, and Tim Baker, 26, are members of a group called American Disabled for Accessible Public Transportation that staged a nationwide protest Friday in an effort to dissuade the administration from appealing a recent decision in the 3rd Circuit Court of Appeals (ADAPT vs. Burnley). The decision requires wheelchair lifts on buses purchased with federal money. The Fort Worth protest involved 20 to 30 people, but Kafka, Carle, Lozano and Baker managed to reach the ninth-floor office of the administration's regional manager, Wilbur Hare. There, they requested he telephone White House chief of staff John Sununu and voice his support for the court decision. Joining the small group in its audience with Hare was Frazier, an amiable pooch who serves the visually impaired Lozano as a guide dog. Hare refused the request, and went home at 4:45 p.m., leaving the intrepid little band stuck on the ninth floor, vowing to stay through Easter weekend. “We were in the outer office, and he (Hare) came out once about 3:30 and told us he was leaving at his normal time," Carle said. "Then at 4:45, he came out, shook our hands, wished us happy Easter, and left. "We wished him happy Easter too." So the group was left occupying the building, along with several guards. At 6 p.m., Casey Bowen, director of building operations with the General Services Administration, told them they would not be forcibly removed, but he would not allow food to be brought in. As an added precaution, Kafka said, all the phones were removed. “I don't mean just in Hare‘s office," Kafka said. "lt looked to me like they removed every phone on the ninth floor. They didn‘t just disconnect them. They TOOK the phones off.“ The group settled in for the night. "Mostly, we tried to sleep as best we could, sitting in our chairs (Kafka, Carle and Baker use wheelchairs)" Kafka said. "I got the couch, since l'm the oldest," Carle said. “Frank slept on the floor because he doesn't have a wheelchair.“ "There are some vending machines up there," Kafka said, "and we ate some candy bars and drank some cokes that was about it. "The guards were very nice to us -- until today, when they evicted us." [Subheading] PROTEST About 6:30 a.m. yesterday, Kafka said, they asked the guards if they could send out for food and were refused. About 11 a.m. the group's attorney, Paul Alexander, arrived with the same request and also was refused. Then about l p.m., the group made another request — that Hare appear at a 6 p.m. news conference and agree to make the call to Washington tomorrow. ln return, they would end their occupation of the building. "That's when they evicted us," Kafka said. “They said they were acting on Bowen's orders and it was for our own good because we hadn't had anything to eat. “They picked me up out of my chair, because l wasn't going to leave, and carried me. That's how I got skinned up." “They had a little trouble getting Frank into a wheelchair," Carle said. “But Frazier went quietly when ordered to leave." Baker, who is severely disabled, did not fare so well, group members said. “When they were pushing him out in his chair, they didn't know how to operate it, and they tore up the motor and the clutch,“ Kafka said. “They did about $1,000 worth of damage to it." Guards at the building refused to comment. Hare did not show up at the news conference. And the I3 activists held up the starting time of 6 p.m. to wait for additional supporters who did not arrive. “We came here to fight for transportation, but we couldn't get the troops over to fight for them," Carle said, adding that none of the disabled could ride the bus downtown so only those who could afford a car could come. Kafka said that the group will examine legal recourse for injuries and damages incurred while being evicted. However, the group's lawyer, Paul Alexander, had advised the four that they might not have legal grounds because they were on federal property, Carle said. As to whether the demonstrators felt they had accomplished anything by the protest, Carle said, “We hope that somewhere along the line this wakes up the able-bodied community" and shows members of the disabled community that “they don't have to knuckle under." He said the group's impromptu occupation of Hare's office had probably amazed them as much as anyone else. “When we got here (with the other protesters), I was telling Bob that Mr. Hare was a pretty nice guy and would probably make the phone call fairly quickly," Carle said. “We were trying to figure out what we were going to do with the rest of the afternoon.“ Carle said other protests are planned soon, including one against Greyhound Corp. on Monday in Dallas. Greyhound, he said, has indicated it does not wish to adapt its buses to the handicapped. “I think this was an abomination," Kafka said. “As a Vietnam veteran, l am embarrassed for my country. But it's just another example of how the govrnment views the disabled. They don't want us to be people — they want us to sit down and shut up, or be put away in institutions. “I think a lot of people have a fear of the disabled." “They're trying to put us back where we've been for ... eternity," Carle said. "Instead of doing this, they should help us with job training so we can carry our own weight. “It's the only way we will ever become . . . people." The occupying force at least had a clear view of its immediate objective once it was back out on the street: friends who arrived to help were immediately dispatched to find food (“double burgers, chicken, and big milkshakes"). When the food gathering force hurried off, Carle offered one last observation on the situation. "Frazier," he confided. “is extremely upset about all this. “He says they treated him like a dog." Staff writer Betsy C.M. Tong contributed to this report PHOTO (by Ricky Moon, Fort Worth Star-Telegram): From left to right Frank Lozano kneels on the pavement, his hand on his dog Frazier's neck. Frazier, a white lab, sits calmly in harness, looking serenely off into the distance. Beside him is Joe Carle in a denim vest, ADAPT shirt, gimmie cap and dark glasses, he sits in his wheelchair and smiles. Next to him, Tim Baker, face partially obscured by his chin operated wheelchair control stick, looks over at Bob Kafka. Kafka, next to him is in his manual wheelchair and is talking to Tim. Behind them is the stark facade of the federal building. Caption reads: Frank Lozano, his dog Frazier, Joe Carle, Tim Baker and Bob Kafka, from left, sit outside the Federal Courthouse after their eviction.
ADAPT (588)
Fort Worth Star Telegram handwritten: 3-26-89 [sic] [Headline] An Easter sit-in by activists in the Federal Building [This story appears in 588 and continues on 587, but is entirely included here for ease of reading.] PHOTO (by Fort Worth Star-Telegram/ RICKY MOON): In a fairly fancy office with leather chairs and wooden bookshelves and table, a group of disabled people sit in a semi circle. On the left side of the picture is a small man (Paul Alexander) in a grey suit and small, personally adapted wheelchair; his head is back and he is kind of looking over his shoulder at some of the others in the room. Next to him in a comfy padded chair sits a man with black hair, mustache and beard (Frank Lozano) in an ADAPT no steps logo shirt. Over his head he holds a poster that says "Access not excuses DON'T APPEAL." Next to him is a man in a manaul wheelchair (Bob Kafka) who is also wearing an ADAPT no steps logo shirt, suspenders and blue jeans. Beside him is a doorway and someone is standing in the doorway, on the other side with his back to the group. On the other side of the door is a woman in a wheelchair (Kathy Gaines) with curly hair and a pink blouse; she appears to be in a wheelchair as well. She is holding a sign but you can't read it from the angle it's at. Beside her, and at the front of the picture is a man (Joe Carle) sitting in an armchair with his legs up in his wheelchair; one leg is amputed below the knee. He is wearing a vest and ADAPT T-shirt on the arm of which you can see the list of cities where ADAPT has held actions. He is holding up and looking at a poster that reads "Bush says Mainstream Disabled." Caption reads: Paul Alexander, left, and Kathy Gaines, second from right, tried to negotiate for Frank Lozano and Bob Kafka, center, and Joe Carle, right. [Headline] Disabled demand better access BY Bob GWIZDZ Fort Worth StarTelegram Four people lobbying for better access to public transportation for disabled people refused to leave the Federal Building in downtown Fort Worth last night, promising to stay until Monday. Members of the American Disabled for Accessible Public Transportation earlier in the day had demanded that a local Department of Transportation official call the White House in support of their cause. Similar actions were planned in other cities today. “We plan to stay through Easter and welcome Wilbur Hare Monday morning.“ said Bob Kafka, a community organizer with the group. “On Monday we'll decide where we go from there.“ Hare, regional manager of the Urban Mass Transportation Administration, refused the group's request that he call White House chief of staff John Sununu in support of a recent federal appeals court decision requiring wheelchair lifts on all new public buses purchased with federal money. Group members say they think the Department of Transportation will appeal the decision. ln Philadelphia, eight people were escorted from a federal building that contains the regional transportation administration office when the building closed at 5 p.m. Sieglinde Shapiro, who headed the delegation of disabled people, said she read a statement to the official in charge. The statement noted that similar meeting had been scheduled with regional directors in New York, Boston, Atlanta, Chicago, Dallas, Denver, Seattle, Washington, San Francisco, Los Angeles, Phoenix, Ariz., and Salt Lake City, she said. The Associated Press office in Dallas said it had no reports of meetings with federal officials there. The Fort Worth office of the transportation department serves the Metroplex. Shapiro said “our sources in Washington tell us that the U.S. Department of Transportation is poised to appeal” the Feb. 13 decision by the 3rd U.S. Circuit Court of Appeals. The ruling requires that every bus newly purchased with federal assistance be wheelchair accessible, and that those unable use buses be provided with adequate transportation. The Fort Worth protest began when between 20 and 30 demonstrators, many in wheelchairs, arrived at the Federal Building around 1 p.m. after assembling at nearby Burnett Park. Hare, who said he received word Wednesday that a protest was planned, asked the protesters to meet with him downstairs at the Federal Building. The demonstrators refused. “That’s how you treat the disabled separate,” Kafka said to Hare. “We want to see you on the ninth floor, in your office, like everybody else. It’s the same thing as transportation — we want access like everybody else.” After a few protesters entered the building, Federal Protective Service officers locked the doors, forcing more than half of the demonstrators to remain outside. Hare said his office would not accommodate all the protesters. He declined to say who ordered the officers to lock the doors. About 10 protesters met with Hare in his office. “I’m not calling Mr. Sununu, but if you have a message for him, I’ll do my best to get it delivered,” Hare said. “lf you’d like to make a call, then go where you conduct your business and make the call. I’m sure you’ve made your views known to (President) Bush and if you haven’t, there are better ways to do it than tying up this office all afternoon.” Hare did call the Washington headquarters of the transportation administration and said he relayed the protesters’ message to officials there. When Hare left at 4:45 p.m., his normal quitting time, four protesters decided to remain. “We weren’t anticipating Mr. Hare being so obstinate,” Kafka said. “We expected a quick reaction and a phone call. It just shows their real arrogance toward disabled people.” At 6 p.m., Casey Bowen, director of building operations with the General Services Administration, told the protesters that he would prefer they leave, but that he had no intention of forcibly removing them. But Bowen said he would not allow them to have food sent in, and he had the telephones removed from the office. “Quite frankly, our intent is not to encourage this sort of protest,” Bowen said. Reporters could not contact the protesters later in the evening and building guards declined to comment. The protesters, who had no provisions other than a couple of granola bars and soft drinks, have access to the building's snack and soft drink machines. Besides Kafka, 43, of Austin, the protesters who remained in the building last night were Joe Carle, 50, and Frank Lozano, 39, both of Dallas, and Tim Baker, 26, of Austin. Kafka has used a wheelchair since he suffered a broken neck in an auto accident 10 years ago. Carle suffers from a circulation disorder, has had part of one leg amputated and has used a wheelchair for nine years. Lozano is blind, the result of an auto accident five years ago. Baker suffers from severe cerebral palsy. Paul Alexander, a Fort Worth lawyer who uses a wheelchair, arrived late in the afternoon to try to negotiate a settlement. When it became apparent that the protesters were determined to stay, Alexander tried to arrange for permission for food delivery. Alexander said arrangements could not be made. “Us being locked up all weekend symbolizes the thousands of disabled people who are locked up in their homes," Carle said. “Will it do any good? Or will it make you look like a jackass? l don’t know the answer. I honestly don’t." Staff writer Betsy C.M. Tong contributed to this report.
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.
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[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 (593)
2/89 New York Times [Headline] Court Orders Buses Fitted for Handicapped PHILADELPHIA, Feb. 14 (AP) - A Federal appeals court ordered the Department of Transportation on Monday to require transit authorities around the country to equip new buses with wheelchair lifts. In its ruling, the United States Court of Appeals for the Third Circuit, in Philadelphia, said another Transportation Department regulation allowing communities to offer the handicapped services like special vans hindered the spontaneous use of mass transit by the disabled. The court also upheld a decision requiring the Transportation Department to eliminate a 3 percent limit on the amount of money transit authorities must spend to make transportation accessible. The lawsuit, filed by Americans Disabled for Accessible Public Transportation, a coalition of disabled people, and 12 organizations, attacked a provision of the Federal regulations on public transportation that allows local authorities to offer people in wheelchairs transportation in buses, special vans or a combination of the two. Judge Carol Los Mansmann of the appeals court, writing the 2-to-1 decision, said, "Congress wanted to provide the disabled with the capability to utilize mass transit to the ‘maximum extent feasible.'" Timothy M. Cook, director of the Washington-based National Disability Action Center, who argued the case before the court, said the ruling was "a major, major victory" for the handicapped. But a spokesman for transit agencies said the ruling did not address vexing problems. Albert Engelken, deputy executive director of the American Public Transit Association, 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. Many local transportation officials declined comment on the ruling because they had not seen it. But Peter Dimond a spokesman for Massachusetts Bay Transportation Authority in Boston, said, "we have made a pledge that all buses we purchase in the future will be lift-equipped." 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.
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 (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 (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 (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 (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.
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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.
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[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.
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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.
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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.
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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.