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+ Wayne Cook 5
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 (184)
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.
ADAPT (463)
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.
ADAPT (203)
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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[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.