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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."
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San Antonio, read their lips: “No lifts, no $1.6 million convention. [This story is continued on 478 but it is included here in its entirety for ease of reading.] The President's Committee on Employment of People with Disabilities will not hold its annual convention in San Antonio in 1991 because that city has no mainline accessible transit and no plans to introduce any. Instead, the meeting will be held in Dallas, which has 100 lift-equipped buses and plans to introduce more. It is estimated that the meeting, which will attract 4,000 to 5,000 people, would have brought at least $1.6 million to San Antonio. Committee chairman Harold Russell said he was informed of San Antonio's position on accessible public transit in January by Wayne Cook, general manager of VIA, San Antonio's transit system. Russell said the committee's decision was in keeping with President Bush's promise to bring the 37 million Americans with disabilities into the economic work force. "Disabled Americans must become full partners in America's opportunity society,” the President told Congress. In order to make the President's vision a reality, Russell said mainline accessible public transit has to be an option for people with disabilities who want to join the work force. “We have found that, next to attitudes, lack of accessible transportation is the most important significant barrier to employment of people with disabilities," Russell said. "There are 8.2 million people with disabilities of working age in this country who are unemployed but who can work and want to work. That's a terrible waste of talent, and it's not fair to the people who are prevented from working." Russell said his committee's mission to help people with disabilities find employment would be compromised if they held their annual meeting in San Antonio. "The issue is not transportation for people who attend our meeting," he said. “It’s everyday access to mainline transit for people with any kind of disability who "want to work and can work.” The committee's credibility was at stake, he added. Russell expressed his regret about the move. “San Antonio is a beautiful city, with wonderful people. The mayor and members of the city administration are working very hard to make the city accessible to everyone. Maybe we can come to San Antonio at a later date, when VIA's policy has changed.” Kent Waldrep, chairman of the Texas Governor's Committee for Disabled Persons, supported the decision to move the convention to Dallas. “This is one way that those of us who work in the disability field can support the goal of employment. We're not saying that every transit system needs to make all of their vehicles accessible right away,” he said. “We do think that transit operators should make an honest effort to begin that process, though. A system like San Antonio's that requires advance notice to travel just won't work for active people with disabilities who work-and shop and do all the things other people do. It’s not fair to riders or to their employers, who can't ask them ‘to travel around the city on short notice in the course of their work.” Waldrep also pointed out that in the long run accessible mainline ‘service would be far more economical than relying solely on the current paratransit system. “It doesn't make sense to make people who would rather ride mainline buses use a system that costs the taxpayers $13.50 for every ride. Why not save the heavily subsidized rides for those people who really need them?" Waldrep suggested that if everybody who is eligible to use the paratransit system in San Antonio did so, VIA wouldn't be able to pay the bill. “In the long run, putting lifts on buses will save money,” he said, "as well as being the right thing to do.” In response to the decision by the President's committee, the Coalition of Texans with Disabilities (CTD) announced" that CTD has is cancelling plans to hold its annual meeting in San Antonio. CTD president Larry Correu said that his group has met with VIA over the years to discuss the system ’s reluctance to provide accessible mainline service. He pointed out that VIA has been under a court order since 1985 to supply such service. “Maybe if CTD and a lot of other state and national organizations refuse to hold their meetings in San Antonio, they'll understand how serious the issue is,” he said. Correu said he has learned that several other organizations were also planning on boycotting San Antonio.
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San Antonio says no to lifts, loses major disability meet This article is a continuation of the one on 463, and the entire text is included there, for ease of reading.
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San Antonio Express News, 4/22/85 Photo by Express News: A woman stands (Doris Rae?) behind an older man in who is seated (Frank McColm). Both are yelling, their faces full of passion. caption reads: wheelchair protesters [Headline] Disabled blast transportation, Protest inaccessibility by Gary Martin, Express-News Staff Writer About 50 disabled rights activists from across the nation rolled through downtown San Antonio streets in wheelchairs Sunday, protesting inaccessible public transportation for the handicapped. The group of protesters, American Disabled for Accessible Public Transportation (ADAPT), headed the march into the lobby of the Hyatt Regency Hotel where the American Public Transportation Association (APTA) is holding a five-day conference. Chanting “We will ride" and “Access now," the group presented a resolution to APTA officials, asking for support of federal regulations that would force local communities to install wheelchair lifts in all public transportation vehicles. Jean Stewart, spokeswoman for ADAPT, said the group wants 100 percent accessibility to all public transportation nationwide and accused APTA of segregating disabled riders by not supporting federal regulation of the industry. “To us there is no difference between riding a different bus and riding in the back of a bus if you’re black,” said Stewart, a resident of Poughkeepsie, N.Y. A San Antonio marcher, Rachel Rodriguez of 7180 Oaklawn Drive, said she was forced to ride VIAtrans vans in San Antonio because buses were not accessible for handicapped patrons. “You feel like your rights are violated,” she said. “lt‘s not a matter of riding in the back of the bus, it's a matter of not riding at all.” The group met wit APTA officials only after refusing to leave the Hyatt registration desk. Defending current policies of APTA, Vice President Jack Gilstrap said each community should have the opportunity to design its own system for its own particular needs. "There is no place for federal regulations,” he said. Gilstrap also accused the ADAPT group of trying to take away “this wonderful system" that has increased its service to disabled riders by l0 times over the past few years. Hecklers attacked Gilstrap and the VIA Metropolitan Transit System saying the convention site, San Antonio, had the worst accessible public transportation system in Texas. Although no VIA officials attended the rally, General Manager Wayne Cook said the local system contains 20 vans that carry 9,000 disabled riders each month. Cook said VIA purchased the vans instead of placing lifts in its buses after a committee representing the disabled requested the special access vans. At a cost of $1.2 million, Cook said the local system will spend four times more for disabled riders than the federal government requires. “We are very dedicated to serving the handicapped in San Antonio," he said.
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San Antonio Light 4/24/85 (This article continues on ADAPT 190, but the text is included here entirely for ease of reading) PHOTO by Roberta Barnes/San Antonio Light: Sitting in front of a VIA bus in her scooter, an older heavy set woman (Edith Harris) in a tank top and culottes looks ahead and spreads her arms wide at an angle, almost like a bird's wings. Her upper hand grasps the windshield wiper, while her other hand stretches toward the ground. Caption reads: CATCHING A BUS: Edith Harris of Hartford, Conn., blocks a VIA bus on Broadway. [Headline] Disabled may get aboard some buses VIA Cisneros By David Hawkings, Staff writer After wheelchair-bound protesters clogged downtown streets by placing themselves in front of city buses, Mayor Henry Cisneros vowed yesterday to press for improvements in local transit service for the disabled. The mayor made the pledge after meeting with protesters, who called off demonstrations scheduled last night. But a spokeswoman for the demonstrators refused to completely rule out further action. Before the mayor agreed to meet with the group, about 50 members of the American Disabled for Accessible Public Transit had slowed traffic by creeping across intersection crosswalks and placing themselves in front of VIA metropolitan Transit buses. There were no arrests, though two misdemeanor citations for obstructing traffic were issued. The action by ADAPT marked the third day of protests, which included a demonstration at the VIA headquarters Monday afternoon that prompted 90 buses authority employees to lock themselves in their office. It began Sunday with a demonstration at the Hyatt Hotel, where the American Public Transit Association is holding a regional conference. In a statement, ADAPT said the transit association’s policies are “perpetuating discriminatory transportation systems in cities throughout the U.S.” At yesterday’s session with ADAPT, the mayor agreed to lobby the Reagan administration to reinstate a federal rule -- struck down as a result of a suit brought by APTA -- mandating all public transit be accessible to the disabled. He also said he would urge those in Congress representing South Texas to support funding to help cities pay for making all buses available to those in wheelchairs. The mayor would not, however, endorse an ADAPT position paper “as it is now written” calling for all new municipal buses to be equipped with wheelchair lifts. The devices cost about $10,000. Instead, Cisneros said he would work to get “some buses fully equipped on some routes” and would lobby to get a handicapped person appointed to the VIA board. “Cisneros is obviously someone who’s sensitive to minorities, but the problem is he needs a good deal of education that we are a minority,” Jean Stewart, a spokeswoman for ADAPT, said in an interview after the meeting. Stewart, also one of the two protesters cited, was ticketed near the Hilton Hotel. The other protester cited by police yesterday was Robert A. Kafka of Austin, who allegedly was blocking traffic near the Marriott Hotel. PHOTO by Roberta Barnes/San Antonio Light: A man in a power chair (Claude Holcomb) sits squarely in front of a bus in the middle of a traffic filled street. He is wearing shorts and hiking boots, no shirt, and his legs are tied to the leg rests of his chair. He looks to his left as a woman on a scooter (Edith Harris) rolls toward the back of the bus. Inside the bus the driver is just visible, and a paper sign on the windshield reads "APTA Western Conference" and at the top of the windshield a destination type sign with lighted letters reads "Sightseeing." Caption reads: BLOCKADE: Claude Holcom [sic] of Hartford, Conn. blocks VIA bus.
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[Headline] PROTEST: VIA demonstration PROTEST/from B1 door-to-door service,” Cook said. “It’s an effective way to provide transportation. That’s why you don’t see a lot of San Antonians joining you.” But some people speculated the lack of local participation meant the San Antonio handicapped community either is afraid to speak out or did not have transportation to get to the demonstration by ADAPT members from other parts of the country, including Denver and New York. While yesterday’s demonstrators did not include San Antonians, a local handicapped man was summoned by Police Chief Charles Rodriguez to help mediate. "There is a definitely a problem here in San Antonio,” said Tommy Leifester, who calls himself a local leading handicapped rights activist. He said the city’s van system that transports the handicapped has several inadequacies, including a requirement that users must request service up to a week in advance. “If I don’t have a medical certificate and prior approval by VIA Transit, then I don’t ride,” he said. “There’s a judge and a jury who says you can ride a bus. A normal person doesn’t need a medical qualification to ride a bus.” ADAPT leaders said they have asked transit association leaders to introduce a resolution to the full APTA membership proposing the handicapped be provided equal accessibility to public transportation. Ford told the demonstrators the APA board’s policy allows officials from various transit authorities to decide the best ways of serving handicapped people in their separate communities. “APTA has no power to force its attitudes on its members,” he said. “The local option makes sense.” Ford yesterday did grant ADAPT leaders their request to publish an article in APTA’s trade magazine by September. “We got one tiny concession out of the president, ADAPT leader Jean Stewart said after the meeting. “They are utterly in contempt of the needs of the disabled.” The protesters requested VIA officials endorse the resolution to provide public transportation to the disabled and to establish a forum in which the disabled community would be allowed to participate. Cook promised to plan a forum. Stewart said the local community has long supported ADAPT’s proposal of a multi-modal system with both lift equipped buses and door-to-door service.
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San Antonio Light, Tuesday, 4/23/85 Metro [Headline] Demonstration at VIA offices PHOTO by Marianne Thomas/San Antonio Light: Top down view of a mass of protesters, mostly in wheelchairs, in a rough circle in front of a reception type desk. This lobby area is filled with protesters. Some have signs taped to the front of their chairs, some are in manual wheelchairs, others in power chairs, at least one person is on a vent. Caption reads: PROTEST: Members of ADAPT ---- American Disabled for Accessible Public Transportation ---- occupy the VIA Metropolitan Transit offices during demonstration yesterday. [Headline] Disabled protest special bus rules By Laura A. Lambeth, Staff writer Sixty handicapped people rolled their wheelchairs into VIA Metropolitan Transit administrative and rode the elevator to the second floor, where they stage a four-hour demonstration yesterday. The protest, by members of American Disabled for Accessible Public Transportation, caused 90 bus company employees to lock themselves in their offices for an hour until officials with VIA and the American Public Transit Association agreed to meet the demonstrators who wanted to express their rights to ride buses. The protesters found themselves sitting calmly in the hallways from 11 a.m. until 3 p.m.. because the APTA leader could not be located. At least 20 police officers surrounded the building on West Myrtle Street to keep the peace as the demonstrators waited until their demands worn heard by VIA General Manager Wayne Cook and Bernie Ford, head of the APTA, which is meeting in San Antonio this week. None of the demonstrator were from San Antonio, which prompted VIA officials to say yesterday's protest was aimed at the national leaders. "The San Antonio community has told us to put transportation dollars into a para-transit system, with Please turn to PROTEST/B6
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The San Diego Union March 2, 1986, page A3 The West [section of newspaper] Drawing of Mr Louv's head: White, youngish, short dark hair parted on side and glasses. [Headline] Transportation news for handicapped ‘a nightmare’ By Richard Louv The WHEELCHAIRS are rolling. On Jan. 16, in Dallas, handicapped demonstrators decrying "taxation without transportation," chained themselves to public buses, forcing traffic detours for nearly six hours. In downtown Los Angeles, last Oct 7, more than 200 people in wheelchairs rolled down the middle of Wilshire Boulevard to protest the policies of the American Public Transit Association. In San Antonio last April, 60 handicapped people staged a four-hour protest at the city's public transit offices, causing 90 nervous bus company employees to lock themselves in their offices for an hour until the transit association agreed to meet the demonstrators. And on Feb. 13, Houston police arrested eight demonstrators in wheelchairs and carted them off to jail in lift-equipped police vans. Their sentencing is tomorrow. and a representative of the Denver-based American Disabled for Accessible Public Transit told me that if the protesters “spend weeks in jail, it will be like when Martin Luther King went to jail in Birmingham. People will realize we're not just out playing in the street" What's going on here? The disabled~rights movement isn't new, of course. It began in Berkeley in the late 60s, and ultimately resulted in a government shift from segregating handicapped people to "mainstreaming" them into the rest of society. According to Cyndi Jones, publisher of San Diego-based Mainstream, a national magazine for the “able-disabled," some of the first generation leaders "got co-opted by government jobs, and frustration for the rest of us has been growing." A raft of laws were passed during the 1970s, but the laws. says Jones. still haven't been fully implemented. “The Rehabilitation Act promised disabled people equal access to public transportation facilities and education and employment. In education. the news has been good, but transportation is a nightmare." IN 1981, CONTENDING THAT putting lifts on buses was an unrealistic expense, the American Public Transit Association sued the federal government and won. Most cities stopped deploying the mechanical lifts that enable people using wheelchairs, walkers and crutches to board buses. The favored transportation method, at least among municipal officials, became small, subsidized "dial-a-ride" vans. "That's like putting us back in segregated schools," says Jones. The disability groups have a number of other complaints, some of them affecting many more people — lack of housing, attended care, airplane facilities. But what it has come down to is the symbol of lifts. While some disabled people are satisfied with the dial-a-ride approach, Jones says "taking a van service can cost you $60 to get to work and back. You have to call and reserve a ride — sometimes days in advance, and these services can't always guarantee a specific arrival time or even take you home. As a result, a lot of us can't afford to work, or we just stay home." California still requires lifts on all new buses, but Jones contends that the transit companies can develop some creative delaying tactics. Roger Snoble, the San Diego Transit Corp.'s general manager, agrees with her. "Some cities," he says, "don't care whether the lifts work once they put them on. They just let them go, and then say the lifts don't work." Jones, by the way, gives relatively high marks to San Diego's bus system; not so to the trolley. which she calls “miserable for handicapped people." As she sees it, a new generation of leaders in the disabled~rights movement is just now coming of age. They have some powerful opponents —— with some powerful statistics. Jim Mills, chairman of the Metropolitan Transit Development Board, has pointed out that in Los Angeles the average cost per ride of the various dial-a-ride systems “is $6.22, while the costs associated with a one-way trip on a bus for a person in a wheelchair is $300." And in a recent interview, Colorado Gov. Richard Lamm told me, "I think it is a myopic use of capital to try to put a lift on every bus in America. It costs the St. Louis bus system $700 per ride to maintain lifts." But Roger Snoble says it costs San Diego far less — $166 per ride (as of a year ago, "the last time we checked, and we expect the cost to continue to decline because of dramatically improving technology." And when I mentioned Lamm's figures to Dennis Cannon, the chief federal watchdog for the Architectural and Transportation Barriers Transit Compliance Board, he said, “Lamm's figures are at least six or seven years old, and wrong. These same figures get used a lot by lift opponents, but they're based on one of the very first generations of lifts, which were poorly administered and poorly installed by St. Louis during one the worst winters in Missouri history." He points out that Seattle, with one of the best bus systems in the nation, has managed to get the per-ride costs down to $5 or $10, depending on the amount of ridership. And Denver has decreased its lift failures from 25 a day to five within the last year. WITH ADVANCES LIKE this, combined with the increasing demands from disabled groups, a number of cities have decided that the lifts make economic sense — maybe not in this decade, but soon. "What's about to hit is a wave of people who expect to have equal access, the children of the mainstreaming movement," says Jones. During the past decade, government and society encouraged disabled people to work independently, and now that generation will be at bus stops and trolley stations all over the country, waiting to go to work. With them will be aging baby boomers, a giant crop of potentially disabled seniors. "Only one~third of the disabled population is employed. but two-thirds of disabled people are not receiving any kind of benefits," says Andrea Farbman, a spokeswoman for the National Council on the Handicapped. “Still. we're spending huge amounts of money keeping people unemployed — $60 billion dollars a year, but only $2 billion going to rehabilitation and special education." One rough estimate, says Farbman, is that 200,000 handicapped people would enter the work force if the travel barriers were eliminated. adding as much as $1 billion in annual earnings to the economy. The tragedy is this: While politicians wrangle over the costs of bus lifts, nobody has studied how much money could be saved in government benefits, and how much could be gained through taxes and added national productivity if more handicapped Americans were employed.