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Hjem / Albumer / Merknader 24 hour advanced reservation 22
- ADAPT (606)
CAPE COD TIMES, FRIDAY, March 24, 1989 [Headline] Vigil planned to aid disabled By KAREN JEFFREY, STAFF WRITER Twenty-five members of the Cape Organization for the Rights of the Disabled are in Cambridge today as part of a nationwide effort to support a February court ruling requiring wheelchair lifts on new public buses. More than 100 advocates for people with disabilities from across the state are scheduled to hold a vigil at noon in front oi the U.S. Department of Transportation office in Cambridge protesting the department's proposed appeal of a recent federal court ruling that requires wheelchair lifts on new public buses nationwide. The Cambridge vigil will coincide with similar events in other states. “This is about separate but equal facilities" said Mike Early, CORD president. "The 3rd District Court has ruled you can't have separate but equal facilities for people who are handicapped. And we don't want to see the Department oi Transportation try to appeal that decision." In addition to ruling that new buses for public transportation systems must include wheelchair lifts, the court also ordered the department to eliminate a 3 percent cap on the amount of money transit authorities must spend to improve transportation for the disabled. In its decision, the court noted that 24-hour reservation services required for alternative mass transportation for people with disabilities hinders spontaneous use of mass transit. The court ordered transit authorities to make what the court called "reasonable accommodations to their programs." - ADAPT (605)
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. - 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 (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 (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 (592)
[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 (591)
The Boston Herald, Thursday March 23, 1989 [Headline] Transit offices targeted for disabled protests [Subheading] Activists to show support for access decision By TOM SQUITIERI WASHINGTON — Activists for the disabled will picket federal mass transit offices in Boston and at least nine other cities tomorrow in a national show of support for a court action that could mean greater transit system access for the handicapped. The planned protests follow a U.S. Court of Appeals decision striking down federal Department of Transportation regulations permitting local transit systems to provide services to disabled persons only if advance reservations are made. The court also ordered that new transit buses bought with federal money be accessible to the disabled, required some level of transportation be provided to those not able to use buses and struck down a cap that now places a state or transit system in compliance with the law after spending 3 percent of its operating budget on disability needs. "We are very hopeful the (Bush) administration will not appeal the ruling. This is the first decision this administration has to make on disability issues. and the national-disability community will be watching closely," said Timothy Cook. director of the National Disability Action Center, a Washington-based advocacy group. The Justice Department reportedly is reviewing a possible appeal. Throughout the 1988 campaign, Bush advocated bringing the disabled more fully into society, but the White House had no comment on a possible appeal. The court ruling only affects new buses purchased and does not require retrofitting of existing vehicles — although Cook said the "logic of the ruling" should extend to newly purchased commuter rail cars or renovated stations. Bush also is being pressured by congressmen —- including the Massachusetts delegation, which sent him a letter this week — not to appeal the decision. “If allowed to stand, this court ruling would help reduce many of the transportation barriers which face our disabled neighbors. It would accomplish this goal as intended by Congress and without undue expense to state and local governments," said Sen. John Kerry (D-Mass.).