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Heim / Album / Stikkord Wade Blank
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ADAPT (300)
Southwest Economist Newspapers Sunday, October 5, 1986 page 9 [Headline] Disabled will protest transit system barriers By J. Carole Buckner, staff reporter Chicago – Southwest sider Dennis Schreiber left for Detroit Friday knowing he faced a fair chance of being arrested there for civil disobedience. He was looking forward to it. In the rain-soaked parking lot of Our Lady of the Snows School, 48th St. and Leamington Ave., Schreiber said he told his wife Jackie that the trip is "a dream come true." Schreiber, who is blind, almost completely deaf and partially paralyzed, left with about 30 other handicapped persons, some coming as far away as Denver, Colorado, to protest at the American Public Transit Association's annual convention. For the past three months, Schreiber's group, Disabled Americans for Equality (DARE), has raised money to fund a delegation of protesters to go to Detroit, where they planned to hold a legal march to protest mobility barriers on buses and subways. The Reverend Wade Blank, leader of a contingent of protesters from Denver, called American Disabled for Accessible Public Transportation (ADAPT), said the group's parade permit was revoked this week by Detroit Mayor Coleman Young. Despite the lack of a parade permit and potential for arrests, the disabled group plans to go ahead with it's march, aware of the publicity value to be gained with photos of police dragging wheelchairs into paddy wagons. The groups position, said Schreiber, is "that we want equal access to public transportation and all public facilities" Specifically, the protesters want transportation systems throughout the U.S., especially in cities such as Chicago, to be equipped with lifts for wheelchair users. Mark Mactemes, 37, said he is going on the six day journey and demonstration because he needs to use regularly scheduled public transportation to work. The Oak Forest resident has multiple sclerosis. "I graduated college in 1985 and cannot find a job because I can't drive to work and must rely on public transportation." The CTA offers bus service for the handicapped called Dial-A-Ride, "but you must call eight hours in advance and buses (minivans) only run until 10 PM," Jackie Schreiber said. The CTA subcontracts the service to four companies. In the past, CTA officials have refused to install wheelchair lifts on buses, saying the cost is prohibitive. Blank, said similar reasons were given in Denver, but after sustained efforts by handicapped groups, all the cities buses were equipped with lifts. The result has been an increase in handicapped ridership, from a few hundred to 2000 riders per month, he said. Blank said famed 1960s civil rights protester Rosa Parks is scheduled to March with the group on Sunday. In all, more than 300 handicapped persons, mostly in wheelchairs, or expected to demonstrate in Detroit, Blank said.
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THE PLAIN DEALER, THURSDAY, MAY 22; 1986 page 19-A PHOTO by AP: Four policemen in their fancy police hats are "rolling" a man (Rick James) up a 150 degree (ie. almost vertical) "ramp" into a van. Rick is sitting with his hands up by his chest. His hat is missing and his hair is flying out in all directions. His expression is a mix of amazement, disgust and resignation. Caption reads: Cincinnati policemen push Rick James of Salt Lake City, Utah, up a ramp into a van after he was arrested outside a downtown hotel as part of a demonstration by American Disabled for Accessible Public Transportation. Title: Cincy arrests disabled in protest of bus access By BILL SLOAT STAFF writer CINCINNATI — Police arrested l7 disabled people yesterday after they blockaded the entrance to a downtown hotel or chained themselves to the doorway of an adjoining office building that houses Queen City Metro, this city’s public bus service. Eleven of them refused to post bond and were in Hamilton County Justice Center under cash bonds ranging from $1,500 to $3,000. Five were released late yesterday on personal bonds. One pleaded no contest to disorderly conduct and was found guilty. Sixteen were in wheelchairs from polio, paralyzing spinal accidents, multiple sclerosis, cerebral palsy and amputations. One was blind and walked carrying a white cane. The arrests were made during a non-violent, noon demonstration that challenged lack of access to city buses here and around the nation. Chants of “We will ride" and “Access now” came from about 52 demonstrators outside the Westin Hotel. Some removed footstands from their wheelchairs and banged on metal barricades. Police stood behind the barricades and refused to let the demonstrators into the hotel. All 17 taken to jail said they were members of a national handicapped rights organization called American Disabled for Accessible Public Transportation. “This is a civil disobedience action," said Wade Blank, 47, a Presbyterian minister who helped organize yesterday's protest. Blank, who now lives in Denver, was involved in anti-war demonstrations at Kent State University in the 1960s when he lived in Akron. Several of the people loaded onto vans and hauled away to the Hamilton County Justice Center on disorderly conduct charges compared Cincinnati to Selma and Montgomery, two Alabama cities where civil rights activists were jailed by authorities in the 1960s. “The message needs to be sent out that we can’t ride a bus because we're handicapped,” said Glenn Horton, 46, of El Paso, Texas. "It's discrimination it’s segregation and it’s appalling that it could still be happening in this country." Horton said he had been confined to a wheelchair since age 9, when he fell and broke his back. Bill Bolte, 54, of Los Angeles, said handicapped people needed mainline bus service to get to jobs, movies, dates, shopping, banks and anywhere else they might want to go. “We're already in prison," said Bolte, who had polio 51 years ago. “We're going to see that what few rights we have are not going to be taken away. Our rights to public transportation are being deprived, and we will not sit for it." Organizers of the protest said they took to the streets because about 600 executives of public and private transit companies in the eastern United States and Canada were attending a convention in the hotel that ends today. Protesters said the convention should adopt a resolution supporting the installation of wheelchair lifts on all public buses in the nation. Many came from Denver, which has such lifts in use on its bus fleet. The demonstration also came a day after the U.S. Department of Transportation announced in Washington, D.C., a new regulation that allows transit authorities to establish alternative services for the disabled instead of putting lifts on regularly scheduled buses. Demonstrators complained the rule meant that buses, subways and rail lines wouldn't be made accessible to people in wheelchairs. Police Chief Lawrence Whalen said the comparisons with Alabama in the 1960s were unfair when it came to the police. Police in the South during the civil rights era often brutalized protesters. Whalen yesterday said, “Our officers handled themselves very admirably. The group has had their chance to protest and get their point across." He said the police assigned to make arrests had attended special briefings on how to handle disabled people and were instructed to ask the people in custody the best way to lift them into vans. “We wanted to be sensitive to their special needs." Whalen said. Three of those arrested yesterday were out on $3,000 bond after incidents Monday when two climbed aboard city buses, paid fares and refused to leave when ordered off by Queen City Metro officials. The third interfered with a bus. The three, Robert A. Kafka, 40, of Austin, Texas; George Cooper, 58, of Irving, Texas; and Michael W. Auberger, 32, of Denver, were charged yesterday with Criminal trespassing when they chained themselves to the entranceway of Queen City Metro's offices. Police Capt. Dale Menkhaus told his men to use bolt cutters to get them out of the building. Kafka, Cooper and Auberger had been ordered Tuesday not to set foot in Cincinnati by a Municipal judge at the time they posted bond, but another Municipal judge lifted the banning order shortly before yesterday's protests started. Police Chief Lawrence Whalen said 14 others were charged with disorderly conduct for their activities outside the hotel. Bond was set at $3,000 each, a Hamilton County Municipal Court official said. Before the demonstration began, the group gathered in a Newport, Ky., motel for a strategy session on civil disobedience. They agreed not to carry anything but identification with them when they confronted police in downtown Cincinnati and they voted not to post bail. None of the people arrested were from Ohio. The 11 who refused to post bond and were in jail last night are: Bolte; Bob Conrad of Denver; Joe Carle of Denver; Auberger; Horton; Jim Parker of El Paso, Texas; Cooper; George Roberts of Denver; Earnest Taylor of Hartford, Conn.; Lonnie Smith of Denver; Kafka. Kelly Bates of Denver pleaded no contest to disorderly conduct, was found guilty and sentenced to 30 days in jail, which she is to start serving tomorrow. Those released on personal bond are Ken Heard of Denver; George Florman of Colorado Springs, Colo.; Frank Lozano of El Paso, Texas; Rick James of Salt Lake City, Utah; and Arthur Campbell of Louisville, Ky.
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HCC [Handicapped Coloradan?] 2/84 Two photos by Bob Conrad: Top photo of person in a sports jacket and in a manual wheelchair on a lift getting ready to enter a bus with "Ride" written on the side. He is facing in toward the door of the vehicle. Bottom photo is of a person in a wheelchair sitting on a lift facing out the door of a bus. A man [Wade Blank] with long blonde hair and a plaid jacket stands beside the lift watching. Wheeler for a Day Jay Bear Baker, an RTD district director, finds out first hand what it's like to travel via "The Ride" when you're in a wheelchair. Baker was accompanied on the mid-February excursion by members of the American Disabled for Accessible Public Transportation (ADAPT). Baker boarded buses at Broadway and Colfax and traveled along Lincoln and Alameda. Four out of the five buses he attempted to ride had functioning lifts. in the bottom photo ADAPT member Wade Blank watches as Baker is lowered to the curb. Baker's rides included a trip on one of the 89 new articulated buses. Those are the buses which were equipped with lifts only after the newly elected RTD board voted to reverse a decision made by the old appointed board and former RTD General Manager L.A. Kimball. "The lift worked beautifully, " Blank said. "I've heard that a lot of drivers are praising it, too. " The expedition with Baker is part of a plan by ADAPT to encourage RTD to continue to make its system totally accessible to wheelchair riders. Blank said he's encouraged by some of RTD's 177 more lift-equipped buses as well as to correct wiring problems in many of like current lifts. RTD has also approved the use of a lift equipped over-the road coach on the Denver-Boulder run on an experimental basis. Blank said he has met with new RTD General Manager William Colby and warned him that Colorado’s three favorite sports were "skiing, hiking, and criticizing RTD."
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Rocky Mountain News RTD pleases disabled, reports wheelchair lifts on buses to be fixed By JOSEPH B. VERRENGIA Rocky Mountain News Staff Writer A Regional Transportation District committee voted unanimously Tuesday to fix the wheelchair lifts on 127 buses, ending a week of heated showdowns that led to the arrest of three disabled protesters. Amid cheers from the demonstrators who twice last week blockaded downtown buses, the transit directors reaffirmed RTD's policy that much of its regular service be handicapped-accessible. “lt was all emotional," RTD chairman William Rourke said of the events preceding the compromise. “Everyone kept reinforcing perceptions and speculation, rather than getting down to cases." The confrontations started last Thursday when three members of the militant handicapped-rights group ADAPT were arrested by Denver police for rolling their wheelchairs in front of buses along 17th Street and East Colfax Avenue. Mike Auberger, George Roberts and Renate Rabe face fines of $250 apiece or brief jail terms if convicted in Denver District Court next month for causing traffic hazards and disrupting a government agency. They were among 20 handicapped demonstrators protesting a Feb. 12 decision by RTD’s planning committee to delay fixing the balky electrical systems on 303 buses. RTD officials said the repairs would cost $753,059. With lifts on about half of its 750-bus fleet, RTD is one of the nations most accessible public transit systems. This winter, however, electrical and mechanical problems have made the lifts so unreliable that disabled passengers said they frequently suffered frostbite while waiting for an accessible bus. Handicapped protesters originally wanted all 303 broken lifts fixed. They relented Tuesday when RTD officials explained 176 of the buses with broken lifts would be retired next year. Fixing those lifts would be a waste, officials said. “If we had our druthers, we would like to see all of the lifts rewired," ADAPT spokesman Wade Blank said. “But those 127 (that will be fixed) are going to be around for 12 years, so we accepted in the interest of compromise.” Blank said the protests were sparked by rumors that some RTD officials wanted to scrap all of the wheelchair lifts and replace them with door-to-door vans. ADAPT members consider such “dial-a-ride” service“ to be unconstitutional because it would be separate from regular bus service. Rourke said two of the five bus manufacturers bidding to replace the 176 buses heading for retirement would include wheelchair lifts. RTD is required to accept the lowest bid. Rourke declined to comment on what RTD would do if the low bid does not include wheelchair lifts.
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The Denver Post Friday, Dec. 18, 1981 [Headline] Handicapped Will Protest RTD Wheelchair-Lift Ban By George Lane Denver Urban Affairs Writer The board of directors of the Regional Transportation District Thursday made it official – there will be no wheelchair lifts on 89 high-capacity buses expected to be delivered in 1983. The board actually decided a month ago there would be no lifts on the new buses, but they have been hedging on finalizing that action because of objections voiced by the area’s disabled community. Following the vote on the lifts, Wade Blank, co-administrator for the Atlantis Community for the disabled and organizer of the protest against the RTD action, told the transit directors that members of the handicapped community view the action as a violation of their human rights and they will respond to that violation Jan. 4. Blank later said members of the disabled community will be in “training for civil disobedience” between now and Jan. 4. He said beginning Jan. 4, 10 disabled persons in wheelchairs will stage a sit-in in the office of L.A. “Kim” Kimball, RTD’s executive director and general manager. “Everyday during the month of January, 10 disabled people will be occupying Kimball’s office,” Blank said. They won’t have any able-bodied people with them – and if they’re arrested they will be replaced by 10 more. At the conclusion of the board meeting, Kimball told the directors that the RTD staff will take steps to try to prevent this action, but he doesn’t think it proper to discuss those steps at this time. The RTD board during its Nov. 19 meeting voted to save more than a million dollars by not ordering the lifts on the new buses. The RTD staff recommended this action because they said the lifts are expensive (more than $12,000 per bus) and difficult to maintain. The staff proposal was to use the articulated buses on high ridership bus routes, freeing regular buses with wheelchair lifts to provide better service for the handicapped. A delegation from the handicapped community objected to this proposal, with arguments that RTD officials had promised several years ago that 50 percent of the district’s bus fleet would be made accessible to wheelchair-bound riders and all new buses would be ordered with lifts. About 25 disabled persons from Atlantis staged a wheelchair-bound sit-in following the November meeting until Kimball and three board members promised to attempt to get the entire board to reconsider the action. Thursday’s vote was the outcome of that promise.
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Rocky Mountain News Friday, May 7, 1982 All RTD routes to serve disabled By Jerry Brown News-Staff Regional Transportation District officials plan to provide wheelchair-accessible service on all RTD routes beginning next month, fulfilling a commitment made three years ago. “As far as I know, we are the first in the country to get this far,” in providing bus service for the physically handicapped, said district spokeswoman Kathy Joyce. About 150 rides a week currently are taken by handicapped passengers on the 10 routes in Denver, two in Boulder and all routes in Longmont that offer wheelchair-accessible service, Joyce said, with a peak weekly ridership of 270. The expansion of accessible service follows completion of the installation of wheelchair lifts on 186 AM General buses purchased by RTD in 1977 and 1978. RTD purchased 127 new buses from General Motors of Canada, and RTD also has 33 older buses that had been previously equipped with lifts, giving the agency 346 lift-equipped buses out of a total fleet of 671. RTD spent $3,882,222 - or $20,872 per bus - retrofitting the AM General buses, Joyce said. RTD doesn't have cost figures for the lifts on the new buses, which were delivered early last year. The cost of lifts on those buses was included in the $15.5 million purchase price, Joyce said. Beginning June 6, half of all rush-hour buses and all off-peak buses will be wheelchair accessible, RTD Executive Director L.A. Kimball said. Wade Blank, co-director of the Atlantis Community for the handicapped, said his organization is pleased with the proposed new service. RTD also has promised a public relations program to promote the new service, another longtime Atlantis goal, Blank said. Atlantis filed a lawsuit in 1977 and staged a series of demonstrations in 1977, 1978 and 1979 in efforts to force RTD to make its regular routes accessible to the handicapped. In mid-1979, RTD agreed to make all its routes wheelchair accessible after the U.S. Department of Transportation issued national regulations requiring that half of all rush-hour buses be wheelchair-accessible by July 1982. The federal regulations were rescinded last year, but RTD agreed to meet its earlier commitment, anyway. Earlier Atlantis held more demonstrations to protest RTD’s decision not to put wheelchair lifts on 89 new buses scheduled for delivery next year. Atlantis is challenging that decision in Denver District Court. RTD became one of the first transit agencies in the United States to offer wheelchair-accessible service on regular routes last June when it began providing such service on some of its busier routes.
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Rocky Mountain News Wed., Dec. 9,1981, Denver, Colo. [Headline] Handicapped set back in battle for lifts on buses The Operations Committee of the Regional Transportation District’s board of directors voted 4-0 Tuesday to stick by an earlier proposal that RTD buy 89 articulated buses scheduled for delivery in 1983 without wheelchair lifts. Its action seriously diminishes the chances that the board will reverse its decision of Nov. 19 to delete the lifts from the articulated buses. But RTD Executive Director L.A. Kimball and three board members agreed to ask the board to reconsider the action after members of the Atlantis Community for the disabled staged a sit-in at RTD headquarters on the day of the earlier vote to protest the decision. The board held a three-hour special meeting on Dec. 1 to hear appeals from the handicapped to put wheelchair lifts on the buses. Atlantis spokesman Wade Blank said members of his organization have been discussing the issue with individual board members and plan to meet with Kimball next week. Blank said he expects to fall short of the 11 votes needed for the board to reverse its position when the issue comes up at the board’s regular meeting on Dec. 17. Blank renewed Atlantis’ threat to file a lawsuit challenging the decision not to buy the lifts and said Atlantis will resume demonstrating against RTD. Atlantis filed a lawsuit in federal court and staged a series of demonstrations aimed at RTD a few years ago after RTD bought nearly 200 AM General buses without wheelchair lifts. U.S. District Judge Richard Matsch ruled against Atlantis in that case, but the case was on appeal when Atlantis and RTD in 1979 negotiated a settlement under which RTD agreed to make half of its peak-hour fleet accessible to the handicapped. The settlement was reached after the federal Department of Transportation issued regulations requiring that all new buses bought with federal funds be equipped with wheelchair lifts and that half of all buses used for peak-hour service be accessible to the handicapped. Those regulations were rescinded by the department in July. RTD officials ordered the articulated buses with lifts in March, while the regulations requiring lifts on new buses were still in effect. Buying the buses without lifts will save $1.1 million, 80 percent of RTD’s federal funds, RTD officials said.
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Denver Post [Headline] RTD Cries Foul Over 'Stuck' Rider Photo to right of article, Denver Post photo by Ken Bisio: A woman [Beverly Furnice] who is in a motorized wheelchair with her long legs extended straight in front of her, is framed by the front door of a bus. She has her left arm up above her face, as if to protect herself and she has a wary expression on her face. Behind her a large man in shirt sleeves and a tie is holding her wheelchair's push handles and appears to be trying to maneuver her off the bus. There does not appear to be a lift deployed. Part of the universal access symbol is visible next to the door of the bus. Caption reads: Beverly Furnice is helped off an RTD bus. She wound up on a long ride. By BRAD MARTISIUS Denver Post Staff Writer In the 1960s, the Kingston Trio recorded a song about a man trapped on the MTA, doomed to ride forever in the Boston subway. That song seemed prophetic Thursday when a handicapped woman found herself unable to get off an Regional Transportation District bus and ended up seeing much of Denver before finally being assisted off by RTD officials, anxious to avoid a scene. The incident, however, raised the hackles of RTD officials, who felt they were the victims of a ploy by members of the Atlantis Community, 4536 E. Colfax Ave., an organization that aids the handicapped. And Wade Blank, co-director of the Atlantis Community, said he wasn't too happy with RTD substituting one type of RTD lift-bus for another type, leading to a very long ride for the handicapped woman. THE WOMAN, Beverly Furnice, 43, of 1135 Josephine St., has legs which are rigid perpendicular to her body and don't bend because of her condition. This makes it impossible for her to ride in an automobile or taxi, a problem exacerbated by the fact that her wheelchair weighs 400 pounds and doesn't fold. Blank said she rides the bus to work daily, and usually has no problems. However, he said RTD put a different bus on the route Thursday. Asked why Miss Furnice didn't just wait for the next bus, Blank said the special buses on that route run only every two hours. Miss Furnice’s wheelchair is elevated and is longer than many wheelchairs, and was unable to negotiate the bus‘ interior without help, even though the bus was equipped with a ramp to aid handicapped persons in boarding. When she got on the bus, she was aided by Atlantis Community members. But when the time came for her to get off, there was no one to help, and the busdriver, who wouldn't identify himself, refused to leave his driver’s seat, so she had no choice but to continue riding the bus, taking the circuit out to Red Rocks and back. ACCORDING TO Dick Thomas, executive director for RTD‘s department of program management, the driver was assured that help would be available for Miss Furnice when she got off the bus. He said the driver made it clear when she boarded that he wouldn't help her get off. “The drivers have the right to do that," Thomas explained. “It’s in their union contract, and it's there to protect the other passengers. It’s up to the driver's discretion. He can help, but he doesn't have to if he feels it would be hazardous to leave the driver's seat." Thomas said Blank boarded the bus at Miss Furnice's stop and argued with the bus driver, but refused to help her get off the bus. About two hours later, several wheelchair-bound persons from the community were waiting at Miss Furnice’s stop, with the intention of boarding the bus also and riding in sympathy with her. Blank said Friday that the bus incident wasn't a planned protest, but that the wrong bus had arrived at least three times before and that this time Atlantis community decided to make a point about the type of bus used “which was bought without our permission." Blank said RTD frequently replaces one type of lift-bus with other, less accessible types, creating potential problems. “We've asked RTD not to use the less-accessible buses, for just this reason," Blank said. “It's not a problem if the driver is sensitive to the needs of the handicapped." Thomas said the lift-buses, while designed to meet some of the needs of the handicapped, never will be able to meet all the needs of everyone. He said there always will be some handicapped who just won’t be able to use them.
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The Selma of handicapped rights By Melanie Tem One recent Sunday morning, Kathy Vincent, a 41-year-old Denver woman with cerebral palsy, decided to go to church. She left her apartment, which she had just moved into after spending years in a nursing home, and propelled herself to a No.15 bus stop downtown. She saw "what looked like a wheelchair bus" approaching, and prepared to board it via the hydraulic lift. Instead, the driver told her the lift had been disconnected and, "this isn't a wheelchair bus anymore." The next wheelchair-accessible bus would arrive, he told her, in 30 minutes. "By that time," Vincent later recalled, "church would have been over." That incident has made Vincent a sympathizer with the more militant of Denver's disabled community - led principally by the Atlantis Community and HAIL(Holistic Approaches to Independent Living) - who are demanding that Regional Transportation District dramatically increase the number of wheelchair-accessible buses in its system. Specifically, they want the 89 new "articulated" buses on order to be equipped with wheelchair lifts, and have filed a lawsuit to force the issue. Articulated buses aren't suitable for conversion to wheelchair accessibility, according to RTD spokesman Kathy Joyce. Since they can carry more passengers and travel at higher speeds - their articulated (bendable) design allows them to take corners faster - they are intended for use on heavily traveled express routes. Joyce estimates it takes 5 to 7 minutes to load a passenger in a wheelchair, and another 5 to 7 minutes for unloading - delays which RTD considers unacceptable in a high-speed, efficient transportation system. FOR STEVE SAUNDERS, the issues go beyond personal convenience and articulated buses. Saunders, 31, also has cerebral palsy. He lives alone in a Capitol Hill apartment and works at HAIL. Saunders, along with other demonstrators assembled in RTD offices a few months ago, protested the board's decision to order the articulated buses without wheelchair lifts. Demonstrators blocked stairways and chained themselves to doors, to dramatize their point they said. Saunders was the only demonstrator to accept a summons from the police, an action which guaranteed a day in court. Last month he got his day, but had little opportunity to express his views, as the charges against him were dismissed. But, he said later he views the conflict as “a clear human rights issue. What we're demanding is equal access to public transportation, just like everybody else." Many bus drivers and able-bodied passengers seem skeptical about this view of the situation. While all sides in the dispute agree that so far public reaction to the wheelchair-accessible buses has been positive, there seems to be some sentiment now that the activists have gone too far. Several drivers put it this way: "They keep saying they want to be treated like ordinary people, when the fact is they're not ordinary people and they'd better accept that." Attitudes like that are, said Wade Blank of the Atlantis Community, disturbingly reminiscent of earlier civil rights struggles. He calls Denver, "the Seima of the handicapped rights movement." Similar battles have been or are being waged in Los Angeles, St. Louis, Washington, D.C., and other cities across the country by the handicapped. The 90 percent accessible transportation in Seattle is lauded as proof of what can be done. Blank, who is able-bodied, thinks of himself as a "liberator," and contends the issue of full accessible public transportation is critical as disabled people across the nation organize and develop their power. RTD's Joyce, whose younger sister Heannie is disabled and a member of Atlantis, seems to echo this perspective when she says, "We feel that all this has less to do with RTD’s commitment to accessibility, which goes back a long way and hasn't changed, and less to do with articulated buses than with politics and economics." As corporations bring new money into Denver, she says, Atlantis and HAIL are moving to ensure that disabled citizens will be taken seriously. "They're making a statement," she says. "We understand that. But we can't allow it to change what we do." RTD, she says, is committed to making half of its entire system wheelchair-accessible by July of this year. ANOTHER POLITICAL FACTOR is RTD's first board election, to be held in November. Members of the disabled community are interviewing candidates to determine their willingness to support issues of concern to that constituency. HAlL's Saunders already has announced his candidacy. In other cities, much has been made of the low usage of wheelchair-accessible vehicles by the disabled. RTD's records indicate that of a total 160,000 rides per average day, disabled riders average between 90 and 260 per week. Neither RTD nor the disabled seem alarmed by this fact. Training, they agree, is the key. Saunders and others provide one-on-one training in bus riding to disabled passengers, and RTD trains both drivers and potential passengers. Both sides also seem willing to be patient with the equipment failures that plague any intricate mechanical apparatus. The issue ls complex, emotional and, for the disabled, very personal. Says Kathy Vincent, who can't travel anywhere on her own and has to rely completely on wheelchair-accessible buses: “l never was militant before. But now l don’t have any choice."
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MAinstream magazine [No date] [This story continues in ADAPT 222, but is contained here in its entirety for reading ease.] [Headline] ADAPT takes the fast lane to make transit accessible By Michael Ervin San Antonio—The first indication that something was about to happen came when an oversized, stretch-limo of a van pulled up beside the Alamo and a wheelchair lift uncurled out of the back door. The colorful banner on the side of the van read: ACCESS FOR ALL. Six more people in wheelchairs were in another van parked in a lot down the street. As they proceeded down the sidewalk to join the demonstration in front of the Alamo the pedestrians stopped and looked them over. A parade of people in wheelchairs is bound to draw stares. But the expressions accompanying these stares were unique—welcoming, supportive, somewhat star struck. Maybe they knew they were coming. Before the 50 or so members of various chapters of American Disabled for Accessible Public Transit even arrived here there were stories in the media about previous ADAPT confrontations with the American Public Transit Association (APTA.) Television news showed footage of the mass arrests that occurred last October in Washington, D.C. when ADAPT members tried to force their way into the center where APTA was holding its annual convention. That's the kind of escalating media coverage Wade Blank likes to see. He’s the main force behind ADAPT. “We're becoming famous. When we had our first ADAPT meeting in Denver in 1982, our goal was to make the officials of any city we were coming to nervous. We wanted them to say, ‘No! Not here! We don’t want ‘em!’” They were certainly nervous in San Antonio. When a horde of people in wheelchairs showed up at the offices of the local transit authority for a noisy demonstration, the employees locked themselves in a large office as if they were afraid ADAPT was going to take them out one by one and shoot them. And when the march that began at the Alamo turned into an equally raucous occupation of the lobby of the posh hotel where APTA people were staying, hotel security had no idea what to do. And the bewildered looks of the innocent tourists were amusing. They’d certainly never seen anything like that before. “Seeing a bunch of disabled crazies blocking buses and doing things like that redefines everything everybody’s been conditioned to believe about the disabled," Blank says. This radical redefinition of what the disabled are (in the eyes of both the disabled and nondisabled) is what ADAPT is all about. And having stuffy APTA conferences and conventions as a backdrop helps make that point. APTA’s primary sin, according to ADAPT, is that it spent big bucks on a lawsuit that struck down the federal mandate that all fixed-route public buses be lift-equipped. ADAPT sees equal transit access as the most basic civil right. “It's the same segregation as when blacks had to sit in the back of the bus or yield their seats to whites. Except it’s even worse,” says Blank. “The disabled can’t even get on the bus.” By using APTA as a symbol of the stifling paternalism that keeps the disabled in a position of dependency, ADAPT makes the immorality of inaccessible public transit quite clear. *** Wade Blank is an ordained minister who never goes to church. “It’s in the true Jesus tradition. He was kicked out of the synagogue and never went back.” Blank worked in a nursing home for a few years after seminary. It frustrated him to see the disabled friends he made there stuck there simply because they had no place else to go. So in 1976 he and some others began Atlantis, an independent living center in Denver. ADAPT was born of Atlantis. Blank says Atlantis likes to “do the impossible” in terms of working with clients who have the deepest holes of dependency to dig out of. Frank, a man with cerebral palsy who was part of the ADAPT Denver caravan to San Antonio, was sprung by Atlantis in 1976 from a nursing home he had been in since 1934. Another woman began feeding herself for the first time when she became part of Atlantis. She was always physically able to. Her mother just didn't want her making a mess. Another woman had never seen a head of lettuce. Her salads had always come to her prepared. It’s rather stunning seeing people who were mired in the world of please and thank you traveling around the country, blocking buses and maybe getting arrested. It’s gotten ADAPT and Atlantis in trouble with irate relatives. The father of a woman arrested for blocking buses in Denver told Wade that since he was a reverend he must be brainwashing his daughter into joining his cult, just like Jim Jones. He said he was going to tell the newspapers so they could investigate. But Blank says, “All we’re saying to people in Atlantis and ADAPT is, ‘You are an important person.’ I just tell them (the irate relatives) that people get excited when they see that they are important and that they are expected to be somebody.” In 1978, it became clear that the mission of Atlantis could never be fully accomplished as long as Denver’s public transit system was totally inaccessible. What good was it to set someone up in an accessible apartment if they couldn’t move beyond it? They might as well have still been in the nursing home. So the Atlantis people took to the streets of Denver. They blocked buses. They held sit-ins in the transit authority offices. They got arrested. But four years later, they won and Denver is on its way to full access. [Bordered text box in center of page: “We created a drama and let it unfold . . .I guess we raised consciousness.”] The next year, APTA made the mistake of holding its convention in Denver. The target was too tempting for Atlantis to resist. Here was the personification of everything Atlantis opposed right on its step and begging to be hit. Atlantis formed a permanent transportation component call ADAPT. They organized confrontations around the convention and vowed to follow APTA everywhere until it passed ADAPT ’s resolution renouncing the lawsuit and the damage it did. These confrontations would also provide a focal point and a training ground for activists from other cities so they could form their own ADAPT chapters. Mike Auberger of Atlantis is a quadriplegic resulting from a bobsled accident during the 1972 Olympic time trials. “When we started ADAPT, we were a bunch of crazy nuts. A year later, we were a possibility. Now, we’re a reality. We started in one city and here we are about 20 cities. We must be selling something everybody needs.” The hope is that the feeling of self-importance that inspired the disabled of Denver will be as infectious in San Antonio and in cities all over America. ADAPT paved the way in San Antonio by creating a three-day headache for the police and transit authority and forcing them to take the issue very seriously. They also permanently etched the issue on the minds of the people of San Antonio with pictures on the front page of the newspaper of disabled people blocking APTA tour buses. “We created a drama and let it unfold,” Blank says. “I was talking to a reporter and I said, ‘I guess we raised consciousness.’ She said, ‘Boy did you! That’s all this town is talking about.’ ” “Now you can’t say that about too many political movements today.” But even if it doesn’t play in San Antonio, Auberger sees what happened there as another battle won. “Again we took on APTA and beat them. You’ve got this guy in a $300 suit and a designer tie with his initials and a soup stain on it. More and more people are starting to see APTA that way.” If success can be judged by police reaction, ADAPT is accomplishing a lot. Knowing ADAPT ’s penchant for blocking buses, the police routed buses away from areas with high ratios of wheelchair-users. They obviously did their homework by talking to police in other cities who had to deal with ADAPT. A television news report even told of how San Antonio police intelligence photographers were following ADAPT members around. And it’s clear that transit authorities are taking ADAPT very seriously too. The next target is Los Angeles, where APTA will hold its convention in October. ADAPT has obtained a copy of a private memo of the Southern California Rapid Transit District that speaks of the authority’s plans to spend $10,000 to $15,000 to “handle vast numbers of wheelchair bound people” who will be coming to town. “While confrontations cannot be stopped, they can be blunted.” It speaks of how the RTD is “searching for ways to diffuse or ward off demonstrations,” perhaps by pacifying everyone for a few days with a conference on accessible transit [ibid]. “Can we take control by creating a hospitality center for the handicapped?” the memo says. Who can resist such an opportunity. ADAPT is on its way.
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Name of newspaper illegible Los Angeles Times? November 19,1984 Handicapped Stage Protests to Publicize Transportation Needs by Miles Harvey, Times Staff Writer PHOTO: Mary Frampton / Los Angeles Times A tidy looking woman in pants and a vest, with a slight smile on her face, sits in a manual wheelchair on a bus. She is sitting in the accessible doorway, the access symbol visible on the side of the doorway. Below and beneath her is a metal panel, like the barrier on some lifts that keeps the person from rolling off the front of the lift. Caption reads: Barbara Trigg rides a hydraulic lift onto a Los Angeles bus. Article reads: Washington -- It was a scene reminiscent of the 1960s civil rights demonstrations as angry protesters chanted slogans, picketed the White House and stopped traffic before they were finally dragged away by police. And the series of confrontations that ended with 27 arrests last month seemed to come down to a similar central issue— the right to sit on a bus, to have full access to public transportation. There was one striking difference, however. Unlike Rosa Parks and the black civil rights activist who battered down the Jim Crow barriers in the South, these protesters were in wheelchairs, and their goal was equal access for the physically handicapped. “It's a civil right to be able to ride public transportation," said Julia Haraksin, a wheelchair-bound Los Angeles resident who participated in the demonstrations. “In the ‘60s, the blacks had to ride in the back—and we can't even get on the buses." New, Radical Tactics Organizations representing handicapped persons long have urged Washington to require that new buses and rail systems built with funds from the Department of Transportation's Urban Mass Transportation Administration be equipped to accommodate handicapped riders. But Haraksin and other handicapped individuals like her now are beginning to press the old arguments with new, more radical tactics. Frustrated by years of negotiating, lobbying in Washington, going through the courts and staging non-confrontational protests, some members of the handicapped community now are resorting more actively to confrontations and civil disobedience. Thus, early in October, 100 members of a newly formed coalition called American Disabled for Accessible Public Transit confronted a national meeting of city transportation heads here, using the kind of civil disobedience tactics used 30 years earlier by Dr. Martin Luther King Jr. Protesters were arrested when they blocked entrances and buses of those attending the American Public Transit Assn. convention. The strategy was to physically be a barrier because handicapped people have to face barriers all their lives," Wade Blank, a founder of Denver-based ADAPT said. Calling the protests here " Selma," leaders of ADAPT claimed victory and promised that their struggle has only begun. They already are focusing their efforts on what they hope will be a larger demonstration at the next meeting of the American Public Transportation Assn. a year from now in Los Angeles. But they and their cause may be in for a tough battle. Their opposition comes from the Reagan Administration, from many city governments and even from within the handicapped community. And as public attention focuses on the underlying budget choices involved, the opposition may swell with the addition of taxpayers concerned about the possible costs of a national full-access program. ADAPT argues that a legal right to full access for the handicapped already exists. Federal law states that Urban Mass Transportation Administration funds — which account for about 80% of the costs of new and replacement equipment in most municipal transportation systems—cannot be spent on programs that discriminate against, or exclude, the handicapped. The law does not make clear, however, whether handicapped persons must be provided with access to regular bus lines or whether they can instead be provided with alternative transportation systems. Nor does it indicate who should make that decision. Cities Make Decisions Current Transportation Department policy, which is strongly supported by the American Public Transportation Assn., allows each city to make its own decision on what type of transportation it will provide for the handicapped. This is in sharp contrast with Carter Administration policy, which in 1979 interpreted federal regulation to mean full access. Members of ADAPT, opposing the separate-but-equal philosophy of paratransit argue that it does not meet the needs of the handicapped and that it is inherently discriminatory. "It segregates the disabled people from the able-bodied community," Mike Auberger, an organizer for ADAPT, said. Because paratrasit requires advanced scheduling [unreadable] a ride is needed, he said, “you have to schedule your life according to the system. No one else has to do that. That shows the inequality right there." He and other members of ADAPT contend that because of long waiting lists for paratransit, some cities refuse to offer the service to new users - thus cutting off thousands of handicapped persons from any public transportation. Transit authorities, on the other hand, argue that full access can be too expensive, given the low percentage of handicapped riders in many cities. Lift-fitted buses cost an estimated $8,000 to $10,000 more than regular buses. Furthermore, lift systems are often unreliable and time-consuming to operate and maintain, transit administrators say. In Denver, for example, the transportation district has spent $63 million to purchase or retrofit buses with lifts. 80% of which was paid for by the federal government, according to spokesman Gene Towne. Since it started mainline access in 1982, the district has spent close to $1 million in maintenance of the lifts and expects to spend an additional $900,000 this year. Yet of the district's total annual ridership of 38 million, only 12,000 use the lifts, according to Towne. ADAPT counters that the issue is not cost but civil liberties. “In America we have a way of hiding, our prejudices with pragmatism," said Blank, a Presbyterian minister and veteran of the civil rights and anti-war movements of the 1960s who now supports handicapped activists. Variety of Approaches Across the country, cities are using a variety of approaches to the problems of providing mass transit for the handicapped. In Los Angeles, mainline access is required by state law. Although 1,850 of the Southern California Rapid Transit District‘s 2,400 buses are fitted with wheelchair lifts some local advocates charge that the RTD gives only "lip service" to access, complaining of broken lifts, drivers who do not know how to use the equipment or refuse to do so and an overall lack of commitment to providing access. The system provides only about 1,400 rides a month according to the RTD. Handicapped activists charge that the low ridership is attributable to the system's poor management. There were and are people in the operation department (of the RTD) back there who were and are opposed to the idea of access from day one," Dennis Cannon, a Washington-based expert who helped to plan the RTD's access program in the 1970s said. But in the last six months, the RTD has made "a major effort" to overcome the problem, according to RTD General Manager John A. Dyer. The system boosted its fiscal year 1985 budget for handicapped service by $3 million, to $4.9 million, to provide for a program to educate drivers and upgrade the quality of equipment and service. In Oakland, half the city's 800 buses are lift-equipped and all of the Alameda — Contra Costa Transit District's new buses will be lift-equipped. Seattle’s Services In Seattle, 570 of 1,100 buses are accessible to the handicapped, providing about 5,900 rides a month. The Municipality of Metropolitan Seattle also contracts with private groups to supply paratransit bus and half-fare cab service, providing a total of 8,400 rides a month in Denver. 432 of the city's 744 buses are lift- or ramp-equipped, providing more than 1,000 rides per month. The city also uses 13 vans and small buses in a paratransit system that provides 3,200 rides a month. In New York City, where an estimated 35% of all the transit passengers in the country use Metropolitan Transportation Authority vehicles each day. half of the city's 4,333 buses are fitted with lifts. The city has no figures on how many handicapped riders use the system, but one official calls the number minuscule. A new state law calls for $40 million over the next eight years to retrofit “in the neighborhood of 30" subway stops for handicapped use, according to a transit authority official. In addition the law will increase the percentage of lift-equipped buses to 65% of the fleet, as well as provide a paratransit system in the city by 1988. Minneapolis-St. Paul uses 45 paratransit buses and contracts with private cab companies to carry handicapped persons in all, the city provides 40.000 trips a month. None of Chicago's 2.400 regular buses are fitted with lifts. Instead the city provides 42 paratransit buses, which offer 12,000 rides a month. Additionally, 14 of the city's subway stops have been retrofitted for handicapped access and 300 of Chicago's 1,100 subway cars are accessible. If there is a diversity of approaches to the problem, there is also a diversity of views on the militant new tactics used by ADAPT and its supporters. The views of the handicapped people are all over the lot on what type of transport they'd like," Bob Batchelder, counsel for the APTA, said. But transit specialist Cannon, himself a wheelchair user, counters: “I'm talking to disabled people who wouldn't do what ADAPT does ... but who support what they are doing and think it needs being done." Whether ADAPT's controversial style will work remains an open question. While no negotiations are scheduled, ADAPT leaders vow to continue to harass association meetings. But in Los Angeles, the RTD's Dyer indicated that he hopes demonstrations will be replaced at next year's convention with “serious dialogue and discussion of the issues." "It’s a new thing for the disabled to see themselves with power," ADAPT's Auberger said, "but it's also a new experience for the powers that be."
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DISCLOSURE September-October 1989, Issue No. 112 the national newspaper of neighborhoods [Headline] Disabled Protest Across Country: “Accessible Transit Is a Civil Right" This story continues on 436 but is included here in its entirety for ease of reading. PHOTO by Tom Olin: A large group of people in wheelchairs, on crutches, many carrying posters, are massed in front of a MCI New Jersey bus. Joe Carle is in the middle of the group with his back to the camera and on the back of his wheelchair is a sign that reads "I can't even get on the back of the bus." Also visible (right to left) are Cassie James, Diane Coleman, Brian Shea, Mike Early from CORD, two other guys in wheelchairs, Kent Killam, Julie Nolan, a white haired blind person with a big sign, and a short woman, perhaps a child, looking to her left and holding on to the back of a wheelchair. The group is blocking the bus and the street, while others walk by on the sidewalk. Caption reads: Members of American Disabled for Accessible Public Transit (ADAPT) and affiliated groups stages demonstratlon on disabled rights issues in front of buses at the federal court building, Philadelphia, May, 1989. by Mike Monti The message is clear: “We will ride,” say the members of American Disabled for Accessible Public Transit (ADAPT). From a series of demonstrations to a controversial court case, this relentless group keeps fighting for accessible transit around the country. Among its victories are a July, 1989 federal court ruling that transportation agencies no longer have a 3 percent cap in providing wheelchair lifts or paratransit. For the members of ADAPT, accessible transit is a basic civil right — and is always worth fighting for. We reported in Disclosure #l08 on ADAPT’s actions in Montreal at the annual convention of the American Public Transit Authority (APTA). APTA and other transit authorities continue to make it extremely difficult for people with disabilities to use public transit. Nevertheless, ADAPT has shown that it will confront APTA wherever it shows up. Last April, at the Western Regional Conference of APTA in Sparks, Nevada (just outside of Reno), over 125 ADAPT members staged actions at the conference, calling for public transportation that can be used by everyone — including people with disabilities. Members started off with a march from their hotel to the conference hotel. When they were about halfway there, ADAPT was met by a police blockade. Obviously, authorities already knew about ADAPT: here is a group that won’t stops until it forces permanent changes. In Sparks. the marchers were able to get around the police barriers. But when they got to APTA’s hotel, they were met by private security forces. The hotel security outnumbered the city’s police three-to-one -— and were able to chain the door shut before ADAPT entered. Forty-seven ADAPT members were arrested, and seven were sent to jail. “The Sparks police had obviously decided that we weren't going to march in the streets,” said Stephanie Thomas, an ADAPT member who lives in Austin, Texas. “But we were able to go around the car barricades. it was like water going around the rocks." The following afternoon, ADAPT staged another demonstration with many crawling across the street and around police barricades, blocking traffic until they reached the front door of the hotel. It was locked from the inside. This time, 25 were arrested. The charge: blocking a fire door which was locked. Many of the ADAPT members who were arrested went on a hunger strike. Meanwhile, ADAPT members on the outside held a press conference calling attention to the problems jail staff were having providing for several of the disabled people’s needs. A final protest was held the next day. One day later, the Sparks judge who sent the hunger strikers to prison made a deal with the protesters: he let out two protesters for the price of a $100 fine. The judge had imposed a much stiffer sentence a couple of days earlier, but changed his mind in the face of a group of arrested ADAPT members who made it clear that they would rather starve and stay in jail than pay a huge fine. Meanwhile, disability groups on the east and west coasts were raising money to help support ADAPT. On the fourth day of the hunger strike, the judge relented and the fine was reduced. By the end of the day, all arrested ADAPT members had been released — and many in the group headed to Denver, for more demonstrations. In Denver — which is the home of ADAPT — the group protested at the annual conference of the Urban Mass Transit Administration (UMTA). This time, demonstrations focused on the federal government's request for a re-hearing of the ADAPT vs. Burnley case. In February, ADAPT won a major victory from the Department of Transportation (DOT) - only to have it undercut by the government. The first of ADAPT’s arguments stated that the rule saying transportation agencies should not have to spend more than 3 percent of their budget on wheelchair lifts or paratransit was unconstitutional. Second, ADAPT held that the option allowing agencies to decide whether or not to provide new buses with wheelchair lifts was unconstitutional. DOT kept flip-flopping on the issue: first it said yes, and then it backed off, asking for a rehearing to vacate the decisions. In Denver, ADAPT confronted Michael Norton, U.S. Attorney for the Tenth District in Denver. “Why is the government working against disabled rights?” asked ADAPT. Norton eventually read a 20-page statement from Attorney General Thornburgh stressing “the need for concern, compassion, and commitment” — but also saying that the law never mandated integration. “It was a really offensive statement, ” said Stephanie Thomas. “On one hand, he was affirming the government's commitment, and on the other he’s fighting tooth and nail to stop rights for the disabled.” When the case was reheard in Philadelphia on May 15, ADAPT was ready. With help from the local chapter of Disabled in Action and the Cape Organization for Rights of the Disabled (CORD), protesters gathered at the federal court building. Four ADAPT members met with the U.S. Attorney, who listened to their concerns. Two days later, a protest was staged at Independence Hall. Dressed in revolutionary garb complete with wigs, three-cornered hats and fife and drum, the “Disability Rights Patriots” marched around the Liberty Bell. Court Decision On July 24, ADAPT won a significant victory as the original ruling striking down the 3 percent cap on wheelchair and paratransit lifts was upheld. On the local option issue, judges decided that the stipulation was legal. Now, it's back in the hands of DOT, for "clarification." Meanwhile, ADAPT will be working with lawyers to plan its next strategy in the legal arena, even though the courts have dodged the issue of equal rights for the disabled. Nevertheless, ADAPT is still ready for action. “We are not going to sit around and wait for the government to put a piece of legislation through,” said Wade Blank. What's next for ADAPT? The next APTA Conference will be held in Atlanta, Georgia, September 23-28, 1989. “The court’s decision on local option will make our demonstrations in Atlanta bigger,” says Mike Auberger, a co-director of ADAPT. Sparks Nevada, Denver, Philadelphia, Atlanta. . .ADAPT marches on for rights for people with disabilities. “Someday,” says Wade Blank, “ It will be just as appalling to see buildings without ramps as it was seeing signs that said ‘Whites Only.’ ” end of article Pictures of 2 graphic symbols: One is the ADAPT no-steps logo with American Disabled for Accessible Public Transit around the outside and a circle with a set of steps rising to the right and a bar across the circle and steps with the word ADAPT on it. The other is a power fist, with wheelchair warriors written below the arm. Caption reads: These symbols are part of ADAPT’s continuing fight. Says Wade Blank of ADAPT “Someday it will be just as appalling to see buildings without ramps as it was seeing signs that said ‘Whites Only.’”
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The Handicapped Coloradan ADAPT wins transit access VlCTORY! Federal court orders all new buses to be equipped w|th wheelchair lifts APTA pressures DOT to appeal decision Feb. 13,1989. Call it V-D Day. Victory over the Department of Transportation (DOT). Or call it V-A Day. Victory over the American Public Transit Association (APTA). Because on that day in Philadelphia, within earshot of the Liberty Bell and walking distance of the hall in which the Declaration of Independence was forged, disabled Americans won not only the right but the means to ride mainline public transportation. On a 2-l vote, the U.S. Court of Appeals for the Third Circuit ruled that in the future every transit system in the nation that buys buses with assistance from the DOT must purchase only buses equipped with wheelchair lifts. That decision reverses a 1988 ruling by U.S. District Judge Harold Katz who upheld DOT’s policy of allowing transit systems the “local option" of providing public transit to people with disabilities through a paratransit system. APTA, which reaffirmed its support of local option at its last national convention, has urged DOT to appeal the decision to the U.S. Supreme Court. Such an appeal must be filed within 90 days, or by May 13, 1989. DOT already has filed for a rehearing, and the court is expected to announce by March 29 if they would be willing to reconsider the decision. Justices Carol Los Mansmann and A. Leon Higginbotham wrote the maiority opinion with Judge Morton Greenber dissenting. The case was brought to the Court of Appeals by a dozen disability rights organizations, led by the militant American Disabled for Accessible Public Transit (ADAPT) and the Eastern Paralyzed Veterans of America. Timothy M. Cook, director of the newly formed National Disability Action Center, argued the case. It wasn't the first time wheelchair lifts have been in the courts. in 1979, the DOT, at the direction of President Jimmy Carter, ordered all transit systems to install lifts on new buses, but that mandate was struck down in federal court after an appeal by APTA. APTA’s insistence on local option led to the creation of ADAPT by a handful of militant wheelchair users in Denver, who set up pickets outside the Hilton Hotel headquarters of APTA's I983 national convention. At the insistence of Mayor Federico Pena, ADAPT was allowed to speak before the convention and no arrests were made. That was the last time either situation would exist. At every subsequent national convention or regional APTA meeting, wheelchair militants have shown up in force, blocking buses and hotel entrances until local police forces were forced to cart them away to jail. “Who would have thought a bunch of ragbag crips from Denver could have started something that would have grown this big?" asked ADAPT founder Wade Blank, co-director of the Atlantis Community, a local independent living agency. Both Blank and Cook cautioned that the war was not over yet, although both said they were pleased that the 73-page court opinion was filled with the language of the civil rights movement and would go a long way toward convincing those on the fence that their cause was just. The Court of Appeals opinion reads, in part: “We find the goal of eradicating the ‘invisibility of the handicapped‘ led Congress to enact measures to facilitate, if not immediate and complete mainstreaming of the handicapped, then affirmative and aggressive steps in that direction." The decision involves only new buses, as the justices argued that requiring systems to retrofit old buses would subject them to "undue burdens." Cook said after the decision was handed down that the "opinion is completely consistent with President Bush's call last week, in his speech before Congress, for Americans with disabilities to be ‘in the economic mainstream.‘ Nothing is more essential to meeting that goal than the provision of accessible public transportation." Mike Auberger of the Denver ADAPT chapter, who's been arrested in several cities while engaging in civil disobedience, agreed that accessible public transit is the key to enabling disabled people assume full citizenship. "People are dying out there," Auberger said. "Disabled people go into nursing homes because they don't have any options. I personally know people who have committed suicide because they don‘t have any options. Wheelchair lifts will give them that option." Auberger said that ADAPT doesn't plan to rest on its laurels. They'll be Reno April 7-ll for a regional APTA convention and back in Denver April 23-26 for the national meeting of the Urban Mass Transit Association (UMTA). “Our demand is simple," Auberger said. “We just want them to drop the appeal process and accept the decision." If they don't, Auberger promised that protesters would try to fill the jails one more time. To that end, ADAPT members intend to picket DOT offices in 12 cities on Good Friday, March 24, and ask staff members there to call the Presidiential assistant in charge of transportation matters and ask that the court decision not be appealed. "If they don't make the call, then we don't go," Auberger said. "I'm sure we'll take some heat because we're doing it on Good Friday," he said, explaining that he expects many offices to be shorthanded because of workers leaving early for the Easter weekend. "That should just add to the confusion."
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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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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-