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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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Detroit Free Press 10/6/86 PHOTOs by JONN COLLIER, Free Press PHOTO 1: A large group of posters in a line that almost looks like a pile, are behind a woman in a manual wheelchair being pushed up a curb or slope. Two people are helping her up. One holds a poster which reads "Stop the war against the disabled! [something] Congress". In the crowd behind are other large signs, some unreadable, and a very large one in the middle is partially readable and says "...for the disabled not for war!..." PHOTO 2: People in wheelchairs appear to be fanning out in an intersection with large city buildings in the far background. Between the three people in wheelchairs in the front you can see a line of other folks in wheelchairs across the intersection. Caption reads: Disabled demonstrators move through downtown Detroit, carrying signs and chanting “We will wide," in protest of the lack of wheelchair lifts on the nation's buses and trains. Title: Handicappers protest at transit convention By BOB CAMPBELL, Free Press Staff Writer About 150 militant disabled people, chanting "We will ride" and carrying signs in a procession from Tiger Stadium to the Renaissance Center, Sunday protested the lack of wheelchair lifts on the nation's buses and trains. At least 40 Detroit police officers in scout cars and on motorcycles kept the demonstrators — most of whom were in wheelchairs — on sidewalks along the two-mile route. After a request from Detroit Police Chief William Hart, who cited illegal actions of the protesters in other cities, Detroit's City Council last week withdrew a permit that would have allowed the demonstrators to parade through the streets. At one point, police insisted the protesters go through a puddle instead of using the street. At the Renaissance Center, the end of the procession, about 2,300 conferees were gathering for this week's American Public Transit Association national convention The demonstrators, who are at odds with the association on the accessibility issue, were kept away from the entrance to the Westin Hotel. See DiSABLED, Page 15A Title for part 2: Militant handicappers decry poor bus access Text box insert: Members of the group have been arrested at demonstrations at other transit meetings. DISABLED, from Page 1A HOTEL SECURITY was tight, and visitors had to identity themselves to guards before being admitted. The protesters — members of Americans Disabled for Accessible Public Transportation — say public buses and trains should be equipped with mechanical wheelchair lifts. Members of the group have been arrested at demonstrations at other transit association meetings after chaining themselves to buses and stopping traffic. "In the ’50s, a lot of blacks were on the back of the bus." said Michael Parker of Peoria, ILL. “We still can't get on the bus." Several members of the group told reporters there would be other protests against transit association members. Wheelchair lifts were required on buses briefly in the late l970s. But a transit association lawsuit led to a 1981 U.S. Supreme Court ruling that a federal requirement for lifts on all buses overstepped the intent of equal access legislation. said Jack Gilstrap, executive vice-president of the association. Most local transit agencies provide transportation to handicapped persons using mini-buses in services such as Dial-A-Ride. Gilstrap said. "The vast majority of people in wheelchairs prefer Dial-A-Ride or demand service," he said. “it runs 10-, 15-, 20-1 over lifts on every bus." Gilstrap said it is cheaper to offer special transportation service for wheelchair users than to adapt all public systems to wheelchairs. The subway authority in Washington D.C. spent between $50 million and $60 million to build elevators to allow wheelchair access tor "35 to 40 people a day," he said. MEMBERS OF the handicapper group complain of disparate quality of Dial-A-Ride systems among various cities. and they cite a requirement that rides must be arranged 24 hours in advance. Bill Bolte, 55, of Los Angeles, said: "l was a law-abiding citizen before l realized how oppressive society was getting toward handicapped people. The problem ls. we depress people because of the way we look. They don't want us around." Long-time civil rights activist Rosa Parks canceled her plans to join the ADAPT members, citing tactics that would "embarrass the city‘s guests and cripple the city's present transportation system." said to her assistant, Elaine Steele. Leo Caner, chairman of the 21 member Michigan Commission on Handicapper Concerns, said: "The general public has to be sensitized to handicappers. But getting the people sensitized by getting run over by a bus is not the way to do it." Free Pres: Special Writer Margaret Trimmer contributed In this report.
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The Cincinnati Post Tuesday, May 20, 1986 Lighthouse logo of Scripps Howard and the motto: "Give light and the people will find their own way." Editor Paul F. Knue, Editorial Page Editor Claudia Winkler, Managing Editor J. Stephen Fagan, Associate Editor James L. Adams 125 East Court Street, Cincinnati. OH 45202 (513)352-2000 Editorials Title: Buses and the disabled Shades of the civil rights movement returned to Cincinnati yesterday when members of ADAPT, which stands for American Disabled for Accessible Public Transportation, interfered with the operation of Queen City Metro buses. One latched onto a wheel well, and two others boarded and refused to leave. The protesters say members of the American Public Transit Association, who are meeting here this week, are moving slowly or not at all toward making all buses and trains fully accessible for the handicapped. They point to Metro, which has many buses without wheelchair lifts and 87 with lifts that it refuses to operate, as a microcosm of the problem nationwide. Some may condemn the protesters’ tactics of interrupting normal transit service, albeit by relatively non-violent means. The larger question, however, is whether the transit systems are going out of their way to leave the handicapped at curbside. That's certainly not the case with Metro. Metro has contracted with a private company to provide door-to-door (more accurately, curb-to-curb) service for the handicapped within Cincinnati. The system isn't perfect, but it is growing. Complaints abounds that scheduling the Access vans is difficult, and Metro has failed to meet a five-year goal of providing van service to all of Hamilton County, says general manager Tony Kouneski. The problem, here and elsewhere, is one of money. ADAPT wants the lifts as well as the door-to-door service. It’s tough to have it both ways, especially since federal dollars for mass transit have been cut almost 25 percent by the Reagan administration. States have been hard-pressed to fill that gap, and a sales tax increase for Metro failed miserably in 1980. Kouneski says if Metro did, indeed, have an extra $350,000 for operating and maintaining the 87 wheelchair lifts, the money would be better spent on door-to-door service. That's a decision that groups such as the Greater Cincinnati Coalition of People With Disabilities and Metro's own advisory council for the handicapped should help make and implement. Members of national groups such as ADAPT, meanwhile, have made their point. They should now turn their efforts to such things as legal parades and peaceful picketing. Instead of continuing their Cincinnati protest, they should devote their energies to lobbying Washington and the legislatures to fund their full-access plan before someone is seriously injured.
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The Cincinnati Enquirer Monday, May 19, 1986 Comment/A-7 PHOTO by Jim Callaway/The Cincinnati Enquirer: Three protesters in wheelchairs form a diagonal line across the picture. On the right in the foreground a heavy set man (Jerry Eubanks) sits in his manual wheelchair, a cab of soda in his right hand. He is a double amputee below the hips, and is wearing a look of concentration, and appears to be chanting. His right hand is resting on the back of a motorized wheelchair to his right. In that chair is a slim man (Greg Buchanan) who is wearing a very large sign across his legs that reads "A Part of NOT Apartheid." (The message is a bit obscured by the curve of the sign around his legs.) He is also wearing a light colored ADAPT T-shirt. To Greg's right and a bit further away and behind is a third man in a chair, a slim man with dark hair and a beard (John Short). He also has a sign on his legs but the quality of the picture makes it unreadable. Caption reads: Members of ADAPT picket in front ol the Westin Hotel Sunday afternoon. Gary Eubanks of Chicago, right, Greg Buchanan of Colorado Springs and John Short of Denver were among them. Title: Protesters converge on city Disabled demand full access to public transportation BY KAREN ROEBUCK The Cincinnati Enquirer Former Cincinnatian Mike Auberger said he left the city because of its lack of accessibility to the handicapped and because "the mentality toward people with disabilities is really 19th century at best." Auberger, who now lives in Denver, is one of about 75 members of ADAPT (American Disabled for Accessible Public Transit) in Cincinnati Sunday through Wednesday demanding full accessibility to public transportation systems for the handicapped. But the approximately 50 members of ADAPT demonstrating in front of the Westin Hotel, where the American Public Transit Association (APTA) is holding its regional convention, were denied access to the hotel Sunday. "The only people they're stopping are people in a wheelchair; that's blatantly discriminatory," said Bob Kafka, of Austin, Texas and ADAPT community organizer. Cincinnati Police Capt. Dale Menkhaus, Operational Support, said public easements can be barricaded to any group that might disrupt the hotel, which is private property. ADAPT members publicly stated they would try to disrupt the conference and have attempted to do so at other APTA conferences, police and Westin officials said. The hotel's first priority is to its guests, in this case the APTA, said Larry Alexander, general manager of the Westin. The ADAPT group blocked entrances and exits to the hotel for a short time Sunday, and rode their wheelchairs in downtown streets, somewhat disrupting traffic to the Reds-Pirates game, Menkhaus said, but did not cause any major problems. Armed with signs, T-shirts and badges, the group chanted slogans expressing their desire to ride public transportation systems. Some of the signs read, "Buses won't roll without us," and "We have a dream. . . We will ride." Kafka said ADAPT members will most likely try to stop some Queen City Metro buses. In other cities, members have sometimes chained themselves to the vehicles. Murray Bond, assistant general manager of Queen City Metro, said if ADAPT members try to stop the buses, the drivers will put the vehicles into park and let the police move the demonstrators. Menkhaus said ADAPT members will be arrested if they break the law. Despite the barricades, ADAPT members also will try to get into the convention, Kafka said, to get a resolution requiring full accessibility for the handicapped onto the convention floor. Albert Engelken, deputy executive director of APTA, said the executive committee and board of directors have discussed voting on such a resolution, but decided that decision should be made at the local level. Every system in the country has some way of transporting the handicapped, he said, which was decided upon with the advice of local agencies for the handicapped. About 30% of the systems nationwide are fully accessible, he said. Queen City Metro has an access program which will pick up handicapped people at their homes and take them where they need to go in Cincinnati, Elmwood Place, St. Bernard and Norwood, Bond said. "We understand their goals of total accessibility. It's certainly a laudable one, but also a very expensive one." The customer pays 60 cents for a ride, but it costs Queen City Metro about $10, he said. A ride must be scheduled 24 hours in advance under the Queen City's rules, but space is not always available, said Dixie Harmon, co-chairperson of the Specialized Transportation Advisory Committee to Queen City Metro and a member of Greater Cincinnati Coalition of Persons with Disabilities. "They dictate our lives to us, because we have to go and come as there's space available," she said. Kafka said ADAPT does not expect public systems to make all their buses wheelchair accessible, only all new buses. In about 20 years, the entire system could then be used by the handicapped, he estimated, pointing out that Queen City now owns 87 buses with wheelchair lifts, but the lifts have been locked down. Bond said those buses were bought with federal money at a time when wheelchair accessibility was required for any purchased with federal funds, and would be too costly to operate. The Greater Cincinnati coalition supports the goals of ADAPT, Harmon said, but chooses to negotiate for changes instead of demonstration.
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Cincy orders protesters out A May bus protest in Cincinnati has been described “as the most effective, courageous and fun action ever accomplished in the movement for disabled rights," according to literature mailed out by the American Disabled for Accessible Public Transit (ADAPT). Some 85 members of ADAPT were in Cincinnati in mid-May to picket a regional convention of its arch-enemy, the American Public Transit Association (APTA) and to dramatize what a lack of accessible buses means to the disabled population of that Ohio city. The action began with the customary march on the convention hotel on Sunday, May 18. No arrests were made but marchers were greeted at the Westin Hotel by police and double barricades. None of the protestors was allowed into the hotel. Pointing out that other people were passed through the barricades, Bob Kafka of Austin, Texas, said the wheelchair protestors were being discriminated against. However, Cincinnati police captain Dale Menkhaus said that such actions, were proper when taken to protect private property from any group seeking to disrupt other lawful gatherings. The following day Kafka and fellow Texan George Cooper of Dallas dragged themselves onto a City Metro bus, paid their fares, and were arrested. They were reportedly told that “it’s not safe for disabled people to be on the regular bus.” The two were later released on $3,000 bond and ordered out of town, an action that ADAPT leaders described as blatantly unconstitutional. A third protestor, Mike Auberger of Denver, who is a former resident of Cincinnati, was arrested when he attempted to block the bus on which Cooper and Kafka were riding. Auberger said he originally left Cincinnati because of that city's “nineteenth century” attitude toward persons with disabilities. None of the Queen City Metro buses are accessible to the disabled, although 87 of the buses do have lifts which have been bolted down. Metro officials estimate it would cost them $350,000 to return those lifts to operational status. A local Cincinnati disabled activist said that's why she agrees with ADAPT’s goals, even if she can't go along with their methods. Dixie Harmon, co-chairperson of the Specialized Transportation Advisory Committee to Queen City Metro and a member of the Greater Cincinnati Coalition of Persons with Disabilities, said that the city’s service for disabled riders was inadequate. A disabled person must request space 24 hours in advance from Access, the paratransit system, but even then there's not always a space. “They dictate our lives to us because we have to go and come as there's space available.” ADAPT members said that's why they were willing to go to jail to publicize their cause. Police, however, made no arrests when 15 wheelchair protestors rolled onto a highway where vehicles were traveling at 40 miles per hour and blocked seven buses that were carrying APTA delegates and their spouses to a dinner at the Pro Football Hall of Fame in nearby Canton. Police were caught by surprise, as they had barricades to turn back protestors at the entrance to the Hall of Fame. Two local disabled leaders who were accompanying the APTA delegation to the dinner were taunted as “Uncle Toms” in front of TV cameras. Early the next day ADAPT members were back in front of the Weston Hotel where they erected a huge cross and hung a wheelchair from it in a mock crucifixion. On the final day of the convention, 17 protestors were arrested when they blocked the hotel driveway and refused police orders to move. Many of those arrested were ordered to jail unless they agreed to leave town. Three protestors, Auberger, Cooper and Kafka, decided the time had come for disabled protestors to do “hard time” and ended up serving 10 days. Five other protestors were turned out of jail because they had special medical problems or speech impairments. Others were released after pleading “no contest” to the charges in hastily organized trials. “Even the story we had left town and the protest was over made TV news," an ADAPT spokesperson said.
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The Cincinnati Enquirer Wednesday, May 21, 1, '86 p14—A Title: The handicapped Bus service that can meet special needs is the answer The handicapped demonstrators who are demanding greater access to transportation systems could find that, even if they succeed, they may not like what they get. About '75 members of American Disabled for Accessible Public Transit (ADAPT) have been in Cincinnati for the regional meeting of the American Public Transit Association (APTA). Their purpose has been to protest what they see as a violation of their civil rights. They want to be able to use all modes of public transportation as others do. ADAPT is focusing on bus systems, asking that all buses — on a progressive basis -- be provided with lifts for the handicapped. That might be a valid answer, if the money were available, but the experience of states such as California and Michigan shows that the handicapped prefer a more personalized service, such as the Access shuttles that Metro provides. Both California and Michigan have state laws requiring fully accessible systems, but the use of regular buses is negligible. Most of the handicapped prefer the “Dial-a-Ride” services that supplement the regular system. That service seems the best way. With Cincinnati's hilly terrain for example, how would the handicapped reach the bus stops? How far would they have to go to reach a "regular" bus stop? How far must they travel when they get off? What happens in chilly, stormy or snowy weather? From the bus service's standpoint, how do buses keep schedules? How many areas on a bus would have to be cleared for handicapped equipment? What would be the costs? How would those costs be met? APTA officials say their policy is to recommend that local services do what is best, considering their terrain, climate, resources and needs -— always in consultation with the community served. Metro’s Access has had its troubles meeting the needs of the handicapped. Last year, the demand was so great that the handicapped had to wait for as long as a week before they could schedule a ride. Although the problem has been helped somewhat, Metro’s officials frankly agree that it is not ideal. Improvement is needed. The handicapped must have freedom of movement. The question is, what is best for them and what is possible? The problem won't be easily solved. More bus service is needed in many areas of Greater Cincinnati, and with the cut in federal funds, money will be hard to come by. But Cincinnati's coalition of the handicapped has found negotiation preferable to confrontation. Although the coalition is upset about the limitations of Access, it still sees co-operative decisions as the wisest course. And it is. Together with Metro, they must find a practical answer to their needs.