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ADAPT (484)
METRO Magazine March/April 1989 pp.18 - 21 Court Rules On Wheelchair Accessibility U.S. Court of Appeals orders that all new transit buses be wheelchair lift-equipped and paratransit service provided. by Jason Knott (This story continues through 484, 471, 470, 465, and 466. However, the entire text of the story is included here for ease of reading.) DRAWING: A large balance scale with a bowl hanging from each side of the balance. One bowl has the acronym APTA in it, the other has ADAPT. QUOTE below the picture: “I don’t think the government should mandate installation of lifts. It can become expensive for the smaller transit properties." —Davis There are more than 40 million disabled Americans and an estimated 67 percent of them are unemployed, according to the National Easter Seal Society. Meanwhile, a recent Harris poll revealed that three out of every 10 disabled persons say they cannot work because of a lack of accessible transportation. Moreover, the same poll shows that 49 percent of the disabled believe their mobility is limited because of transportation barriers. These statistics confirm that public transit accessibility is an important ingredient to mainstreaming the handicapped into society. On the flip side of the coin are the public transit authorities who are in the business of transporting ambulatory, as well as handicapped, persons in the most economical method possible. It would seem that the handicapped, who depend on public transit, would be natural constituents of transit agencies; however, the two groups have been at odds for years, grappling with each other over the accessibility of service. In particular one handicapped rights group — ADAPT (Americans Disabled for Accessible Public Transit) — has been fighting with public transit across the nation. ADAPT wants every fixed route transit bus equipped with a wheelchair lift. In order to express its point, the group conducts disruptive protests at conferences held by the American Public Transit Association (APTA). (See September/October 1988 METRO Magazine, “When Rights Clash," page 79) Today, disabled Americans can chalk up a victory in their constant battle for a broader distribution of handicapped-accessible transit service. On February 13, a federal appeals court ordered the U.S. Department of Transportation to require transit authorities to equip all newly purchased buses with wheelchair lifts. The 3rd Circuit Court of Appeals in Philadelphia also determined the 3 percent cap placed on transit agencies for handicapped expenditures was too low in the case entitled “ADAPT vs. Burnley." Wade Blank. director of ADAPT, applauded the court decision, saying the ruling is significant in the sense it is "evolutionary." Blank said, "We are now getting back to where we were in 1978. When we filed originally, we targeted the 3 percent cap. We decided to broaden the case because the climate in the country has changed. We talked with our attorneys and they broadened it to include the original intent of Section 504, and to really challenge the 1980 case that APTA brought. We are victorious because of a major mood change in the country regarding handicap accessibility." Blank cited two other recent rulings in Detroit and Chicago favoring handicapped accessibility. The Philadelphia ruling is in conflict with APTA's official policy, which was spelled out in a position paper reissued in October 1988. The association favors the local-option approach by which each local transit authority determines its own handicapped transportation policy. APTA's Board of Directors recently rejected a similar proposal calling for all new transit buses to be lift-equipped, according to Albert Engelken, deputy executive director. In other words, APTA believes that each local transit authority should create its own balance between demand response - or dial-a-ride — service, and fixed route accessibility. “It is very important that people realize that APTA is not against wheelchairs on transit buses," said Engelken, “rather, we are for local decision. The board of directors unanimously supports this approach. Every transit system makes their decision after in-depth consultation with the local disabled community. They are not making their decisions blindly." What next? The Department of Transportation is currently exploring its options, which include seeking a rehearing by the appeals court, appealing the-decision to the U.S. Supreme Court, or accepting the ruling. Michael Jacobson, spokesman for the DOT, could not give an estimate on when a decision might be made. An appeal is possible despite President Bush's recent campaign commitment to handicapped programs. Whether the decision will affect bus procurements that are currently - underway is unclear. Jack R. Gilstrap, APTA's executive vice president, issued the following statement concerning the ruling: “Because of the cost impact of the decision which requires lifts on all new buses plus paratransit service, and because it is inconsistent with other court decisions which create conflicting obligations on the part of the DOT and local public transit systems, APTA is urging DOT to challenge the decision." “Obviously this decision is extremely important," said Charles Cowie, national sales manager for Mobile Tech Corporation, a Hutchinson, Kansas-based manufacturer of wheelchair lifts for transit buses. “The objective is to make accessibility and mobility easier for the disabled, but to some, the decision favors a sector of the populous that is not altogether popular." “In a philosophical sense, the ruling is great," said Bill Hinze, National Sales Manager for Ricon, a dedicated lift manufacturer in Sun Valley, Calif. “It’s like a mandate for racial integration — it should have been done years ago." However, Hinze indicated he is still an advocate of demand response systems. “I don't think the government should mandate installation of lifts," said Bob Davis, vice president of Bus Manufacturing USA, a Goleta, Calif.-based distributor of semi-automatic lifts. “It can become expensive for the smaller transit agencies." The court also ruled that the current 3 percent cap on handicapped spending was insufficient; however, many agencies were already spending a higher percentage. In fact, in California and state law already requires all newly purchased transit buses to be equipped with wheelchair lifts. “Other states were already adhering to a similar policy, although it is not written in law," said Don Smith, director of marketing for Lift-U, Inc. in Escalon, Calif. According to Engelken of APTA, an average of 6 percent of transit expenditures are directed toward improving handicapped transportation already — double the required limit. Moreover, an APTA survey indicates that 31 percent of all transit vehicles are lift equipped, with the number steadily rising. The court decision comes in the wake of several different movements toward the improvement of handicapped accessibility to public transit. [Subheading] Project ACTION As part of the APTA’s Elderly and Disabled Task Force, a three-year Congressional program called “Project ACTION" (Accessible Community Transportation In Our Nation) will soon establish six demonstration sites nationwide to study handicapped transit accessibility. The National Easter Seal Society is conducting the three-year, $3 million undertaking. Congress has earmarked $1 million in fiscal year 1988 UMTA research and technical assistance funds to initiate the project, and an additional $1.35 million in fiscal year 1989. Project ACTION is designed to improve access to transit services for the handicapped. It will involve national and local organizations representing public transit operators, the transit industry, and people with disabilities in the development of a cooperative model program promoting greater access to transportation. Project ACTION is the result of a mandate from Congress to find ways to better accommodate the transportation needs of people with disabilities. The program will focus on five key concerns of people with disabilities and local transit operators seeking to improve transit: * Identifying persons with disabilities in the community. * Developing effective outreach and marketing strategies. * Developing training programs for transit riders. * Developing assistive programs for people with disabilities. * Applying appropriate technology to solve critical barriers to transportation and accessibility. “APTA’s task force is examining numerous areas to improve handicapped transportation," said Engelken. “We are looking at how to improve the marketing of service and we are struggling with the wrenching problem that exists in that area. "We have to make sure that people are riding the buses,” added Engelken. “If we don't, then the federal and state government are going to say that transit agencies are spending their money unwisely.” [Subheading] Operating costs The court decision also comes at a time when some transit agencies are lowering their wheelchair lift operating costs. In fact, figures released by ADAPT, claim that Seattle Metro operating costs were $3.13 per lift in 1987, with a reliability rate of more than 98 percent. In comparison, the Bay Area Regional Transit Association cited operating costs of $118.55 per trip for wheelchair lift-equipped transit buses among the several different transit authorities operating in the region. This disparity is due to widely different methodologies for calculating costs, a condition that has led to an absence of reliable nation-wide data. Tim Cook, director for the National Disabilities Action Center in Washington, D.C. and the attorney representing ADAPT in court, said, “I’m not sure accurate figures exist because it varies from system to system. National figures are meaningless because many systems haven't made a decision to make a commitment to accessibility." “Every property has it differently organized. Some agencies will designate one mechanic to maintain 75 to 100 lifts," said Smith of Lift-U, “But it really depends on how committed the maintenance director or general manager is to wheelchair lifts." [Subheading] Technology Mobile Tech and Lift-U manufacture electro-hydraulic passive wheelchair lifts for the transit industry. These lifts do not require the driver to leave his seat to operate the device. Ricon is a leading manufacturer of dedicated lifts, which are common on paratransit vehicles. These lifts are ideal for the handicapped, but cannot be used by ambulatory passengers. The lift does not utilize hydraulics. Another lift on the market is the AMF Hubmatik swivel-lift manufactured in West Germany. The lift is marketed in the U.S. by Bus Manufacturing USA and Ortho Safe Systems in Trenton, N.J. The semi-automatic, electro-hydraulic lift requires the driver to swivel the unit out the door for boarding and departure. It is currently in use by Sun Line Transit Agency in Thousand Palms, Calif. Due to constant R & D by the manufacturers, lift technology is dynamically improving. According to Smith, future innovations in passive lift technology will include state-of-the-art circuit boards, LED's and microchips. Cowie of Mobile-Tech predicted a 180 degree turn in technology within the next two years. Hinze indicated his company is developing a lift that can be utilized by both handicapped and ambulatory passengers and reduce maintenance costs by up to 10 percent. The court ruling does not touch upon rail accessibility at all. Installation of wayside wheelchair lifts for rail systems has not been as active as bus development. According to Smith, some transit agencies have requested lifts be designed for installation on the railcars themselves; however, because of the small demand, this is not profitable for passive lift manufacturers. More R & D is necessary on the shock and vibration of railcars to produce a passive lift that can withstand that environment. However, San Diego Trolley has been using on-board lifts for three years, and recently ordered 41 more units according to Hinze of Ricon. This onboard lift eliminates the problem of railcar operators “spotting” their stops for wayside lift access. The ruling could also mean increased specification of wheelchair restraint systems such as the one manufactured by Q'Straint in Buffalo, N.Y. The system consists of four stainless steel floor plates mounted flush with the floor. Four belts, two in front and two in the rear, and a shoulder harness and lap belt secure the rider. [Subheading] Solving the problem Despite the jubilation one might expect among wheelchair manufacturers, many seem to believe a mixture of demand response service along with fixed route wheelchair service is the ultimate solution to transporting the disabled and elderly. "The degree of demand response versus fixed route service should be a local decision," Cowie said. “It is important to mainstream the handicapped in the bigger cities through fixed route service; however, demand response is good in rural areas." These thoughts were echoed somewhat by Smith, who is a member of APTA’s Elderly and Disabled Services Task Force. "There should definitely be a mixture of services," he said. “[The government] can't dictate how every community should handle this problem. Some communities have spent a lot of money of their dial-a-ride service. You need to have a local option. “Another solution," continues Smith, "might be to make fixed route service fully accessible and let another organization — outside the realm of public transit — take care of special needs or demand response service." He believes the transportation problems of the elderly and the disabled should be handled separately. the end of article BOXED TEXT next to main article: [Heading] The Long Road To Wheelchair Accessibility A federal appeals court has ordered the U.S. Department of Transportation to require transit authorities to equip new buses with wheelchair lifts, and provide public transport for riders unable to use lift-equipped buses. Attorneys who brought the lawsuit called it the most important decision ever handed down for handicapped people needing public transportation. The decision, in the U.S. 3rd Circuit Court of Appeals was, 2-1. “We conclude that ordering that newly purchased buses be accessible to the mobility disabled does not exact a fundamental alteration to the nature of mass transportation," Judge Carol Mansmann wrote in the majority opinion. “Also, by requiring that newly purchased buses be accessible, we are not imposing undue financial or administrative burdens on the local transit authorities." In the 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 paratransit system. Timothy M. Cook, director of the National Disability Action Center, argued the case before the appeals court and called the decision, “a major, major victory for the handicapped community. We can't say enough positive things about it.” Cook expressed hope that the ruling would not be appealed in light of President Bush's recent comments about his desire to bring the handicapped into the mainstream. The Transportation Department had appealed an earlier decision by U.S. District Judge Marvin Katz in Philadelphia that canceled a 1986 department regulation calling for mass-transit authorities to spend up to 3 percent of their operating budgets on providing services for the handicapped. In his decision, Katz called the 3 percent requirement unreasonable, but ruled the department must resolve differences between equality for the handicapped and cost efficiency. Americans Disabled for Accessible Public Transportation (ADAPT) appealed Katz's simultaneous ruling that upheld the right of transit authorities to decide whether to fit vehicles for the handicapped or provide other services. The appeals court ruling affirmed Katz's decision in favor of dropping the 3 percent provision, but it reversed his other decision by ordering transit authorities to equip new buses with chair lifts or other accommodations for the handicapped.
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Denver Post [This article continues on in ADAPT 123, but the entire text is included here for easier reading.] Photo by Lyn Alweis: A short haired man in a jacket and dark slacks [Mel Conrardy] is lifted in his wheelchair from the sidewalk to a bus. The lift comes out of the front door of the bus and has railings on either side of the lift almost as tall as the seated man. Just by the bus door is a sign on the side of the bus that says "RTD Welcome Aboard." Caption: An RTD bus with wheelchair lift provides mobility for Mel Conrardy Title: Leaders of handicapped rate RTD service best in country By Norm Udevitz, Denver Post Staff Writer Disabled Denverites just a few years ago had as much chance of riding a bus as they did of climbing Mount Everest. “It was brutal the way RTD treated us,” said Mike Auberger, an official in the Atlantis Community, for the disabled and a leader in the fight that has turned the Regional Transportation District’s handicapped service around. In the 1970s and early 1980s, RTD busses then rarely equipped with wheelchair lifts, often left wheelchair-bound riders stranded on streets. Drivers, lacking training in dealing with visually or language impaired people, panicked when blind or deaf riders tried to board buses. “It used to be that even in the dead of winter, when it was below zero, those of us in wheelchairs would wait 2 or 3 hours for a bus to finally stop," Auberger recalls. “And often the lift was broken and we couldn't get on the bus anyway. And usually the drivers were rude and angry. They would tell us that we were ruining their schedules." But conditions have changed, Auberger says: “Right now, Denver has the most accessible public transit system for the handicapped — and all the public - in the country." Debbie Ellis, a state social services worker who heads the agency's Handicapped Advisory Council, agrees, saying: “It took a lot of pressure, but RTD has responded and now the bus system is doing a good job of serving the handicapped." Leaders of national programs for the disabled also agree. In fact, the President's Committee on Employment of the Handicapped will bring 5,000 delegates, many of them handicapped, to its national conference in Denver in April. This will be the first time in four decades the group has held its national session outside of Washington DC. “One of the key reasons we're meeting in Denver this year is because it just might be the most comfortable city in the country for the handicapped,” says Sharon Milcrut, head of the Colorado Coalition for Persons with Disabilities, which is hosting the conference. “A very important aspect of that comfort," she notes, “is how accessible the transit system is for the handicapped.” It didn't get that way easily. In the decade between 1974 and 1984, handicapped activists had to pressure indifferent RTD administrators and directors. Each gain was hard won. “We used every tactic in the book, from lawsuits to bus blockades on the street and sit-ins at the RTD offices," says Wade Blank, an Atlantis group director. “The lawsuits didn't help much but when we took to the streets in the late 1970s, I think that's when we started getting their attention." Blank and others also say the 1984 hiring of Ed Colby as RTD general manager helped. Before he arrived, less than half of the 750 RTD buses had wheelchair lifts, which often were in disrepair. Training for drivers to learn how to deal with handicapped riders was minimal. Agency directors resisted change. RTD relied heavily on a costly special van operation called Handyride - a door-to-door pickup service for handicapped. It has cost $13[? glare makes number hard to read] million to run since it began in 1975. “Over the past couple of years the turnaround has been phenomenal," Auberger says. “All of RTD's new buses are being ordered with lifts and older buses are being retrofitted." By 1986's end, almost 80 percent of the bus fleet — 608 of 765 buses — had wheelchair lifts; 82 percent of the fleet's 6,242 daily trips are now accessible for the disabled. Plans call for the fleet to be 100 percent lift-equipped by 1987's end. “The lifts aren't breaking down all the time now, either," Auberger said, noting that agency officials found drivers had neglected to report broken lifts: “That way the lifts stayed broken and drivers had an excuse for not picking us up. A bunch of people were fired over that and others realized that Colby wasn't kidding about improving handicapped service." Driver training also has improved dramatically. “It isn't perfect yet,” Ellis of the advisory council says. "But everyone is working hard at it. What we are finding is that 20 percent of the drivers understand that they are moving people, all kinds of people, and they're really great with the handicapped. “Another 20 percent figure their job is to move buses and to heck with passengers, all kinds of passengers. That bottom 20 percent probably won't ever change. So we're working real hard on the 60 percent in between," Ellis says. Drivers, for example, learn to help blind riders. “That’s an improvement that helps the disabled, but it also helps regular passengers who are newcomers to the city,” Ellis says. All the improvements haven't come cheap. Since 1974, more than $5million has been spent on lifts and lift maintenance, most of the expense was incurred in the last three years. RTD plans to spend $9 million more in the next six years to keep the fleet up to its current standards and pay for more driver training. Another $4 million will be spent on HandyRide service. Ironically, Auberger and Ellis both say one of the biggest problems remaining is getting more handicapped people to use mass transit. “There are no reliable figures," Ellis says. “But we think there are about 20,000 handicapped people in the metro area and only about 200 or 300 are using buses on a regular basis." Auberger, confined to a wheelchair after breaking his neck in an accident ll years ago, complains: “The medical system builds a bubble around handicapped people and makes them think they have to be protected. "That's just not true in most cases. So one of the things we're doing now is educating the handicapped to overcome their fears. We've finally got a bus system that works for us and we want the disabled to use it." Photo by Lyn Alweis: A rather straight looking man [Mel Conrardy] in a white jacket, big mittens, and a motorized wheelchair, wears a slight smile as he rides the bus. Someone in a dark jacket stands beside him, and behind him, further back on the bus, other riders are sitting on the bus seats. Caption reads: A bus seat folds up to anchor Mel Conrardy's wheelchair to the floor. Conrardy commutes to work at the Atlantis Community.
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Rocky Mountain News, Fri., March 23, 1990 U.S. plans to require handicapped-accessible buses Associated Press WASHINGTON — The government announced plans yesterday to require that all federally aided bus systems buy only vehicles that are accessible to the disabled and provide special door-to-door transit for those who can't make it to bus stops. Requiring both access and special services for all systems is expected to “increase significantly the amount and quality of service available to persons with disabilities," said a Transportation Department announcement. Groups representing the handicapped praised the announcement and a transit industry spokesman said bus companies are prepared for it. The proposed rule, expected to become final in September after a period for public comment, would match some of the requirements of legislation pending in Congress and meet the key transportation demands of disabled rights activists. More than 150 people were arrested in two incidents last week during demonstrations in Washington for the Americans With Disabilities Act. “The Bush administration is committed to policies that will ensure that people with disabilities have the opportunities available to other persons to use our mass transit system," said Transportation Secretary Samuel Skinner. Announcement of the proposed rule met the requirements of a Philadelphia federal court order that required the department to examine and change existing regulations but did not mandate what the changes should be. The order came in a suit by more than a dozen groups representating the handicapped. The department asked for comment on several options for exempting transit companies that would find it too costly to provide special door-to-door services for the handicapped. but no exemptions would be allowed for accessibility on all new buses. The rule does not require that wheelchair lifts or other devices be retrofitted onto existing buses but would apply to all new and refurbished buses and require companies to make an effort to buy only used buses with such equipment if available. IN COLORADO The Bush administration order making transit buses handicapped-accessible is seen as the climax of 12 years of activism by the group American Disabled for Accessible Public Transit, which was founded in Denver. “It's a substantial victory,” said Wade Blank, a co-founder of ADAPT. “Denver led the charge (for wheelchair-accessible buses) all across the country. Blank participated in recent demonstrations in Washington, D.C.in which hundreds of disabled people pushed for quick passage of the Americans with Act, which would extend civil rights to disabled people. Dozens were arrested during the demonstration, which Blank believes spurred the administration to act. Blank said cities as Pittsburgh and Cincinnati with public transit systems that are inaccessible to the disabled, would be forced to equip buses. --Leroy Wiiliams
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The NATIONAL DISABILITY ACTION CENTER Timothy M. Cook, Director For Immediate Release Contact: Timothy M. Cook 202/467-5730 DISABILITY GROUPS DELIGHTED BY DOT RULING ON ACCESSIBLE BUSES United States Transportation Department Secretary Samuel Skinner, stating his strong "support of policies that would substantially improve access to mass transit services for handicapped persons," today proposed a new regulation "requiring all new buses to be accessible,“ and "requiring supplemental paratransit service . . comparable to the service for the general public for persons who could not use the fixed route transit service." The regulation was issued in response to a court suit brought by Americans Disabled for Accessible Public Transportation (ADAPT) and twelve other national disability organizations. Wade Blank, head of ADAPT, stated that he was "delighted that the Administration finally has followed through on its commitment to persons with disabilities." The regulation will require all buses that are newly purchased or remanufactured to include wheelchairs lifts in their design and manufacture. According to Timothy M. Cook, of the Washington—based National Disability Action Center, the attorney for the disability groups, "this new rule will immensely enhance the lives of persons with disabilities throughout the country. It will open education, employment, and social opportunities heretofore closed to individuals with disabilities simply because they have had no way to get there." -30-