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ADAPT (267)
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.
ADAPT (246)
THE CINCINNATI ENQUIRER Wednesday, May 21, 1986 [This article continues in ADAPT 245, but the entire text is included here for easier reading.] [Headline] Handicapped bus protests to continue [Subheading] Judge offers three protesters choice of jail or leaving city BY DAVID WELLS and JAMES F. McCARTY The Cincinnati Enquirer and ENQUIRER WIRE SERVICES The issue of handicapped people and their accessibility to mass transit reached a peak Tuesday locally and nationally, sparking protests that were expected to go on today. In Cincinnati, a judge ordered three handicapped protesters who had been arrested to leave the city or go to jail. One of the men, a native Cincinnatian, chose to ignore the edict, and his bail of $3,000 was revoked late Tuesday. In Washington, D.C., the Department of Transportation issued long-awaited criteria for making the nation's public transportation systems more accessible to 20 million handicapped people. Neither decision was well received by the handicapped community. The Rev. Wade Blank of ADAPT (American Disabled for Accessible Public Transportation) said late Tuesday that a dozen or more of its members were planning an act of civil disobedience in Cincinnati today that he expected would get them all arrested. “We decided that to leave Cincinnati under the present atmosphere of basic human rights violations, would be to ignore our moral obligations," Blank said. George Cooper, who was arrested Monday said, “I thought my hometown of Dallas was conservative, but Cincinnati is more conservative." Cooper arrested Monday with two other members of ADAPT on charges of disorderly conduct during a demonstration at Government Square. Hamilton County Municipal Judge David Albanese imposed the sentence on the the ADAPT protesters. Late Tuesday, police spotted ADAPT member Mike Auburger, a former Cincinnatian who lives in Denver, driving a car through the -- city—an apparent violation of Albanese's order to leave the city. Cooper and Robert Kafka, Austin, Texas, were arrested after they crawled up the steps of a Queen City Metro bus, paid their fares and demanded the right to ride. Auburger was arrested when he tried to grab a wheel of the same bus as it pulled away from the stop. Metro's Assistant General Manager Murray Bond said disabled persons were not permitted on regular coaches because the company does not think it is safe. Metro provides wheelchair lifts on Special Access buses. but Bond said the cost of installing wheelchair lifts on regular buses would be prohibitive. Defense attorney Joanie Wilkens said after Tuesday’s hearing that she considered Albanese's order unusual but that ADAPT did not have the time or resources to fight it in court. ADAPT members were in Cincinnati to protest policies of Queen City Metro and the American Public Transit Association, which is having a convention at the Westin Hotel. In Washington, DOT's issuance of a final regulation requiring transit systems to provide reasonable alternative transportation for the handicapped contained no surprises. Many transit systems have been moving for several years toward providing alternatives such as van service or a taxi voucher system for handicapped passengers. But ADAPT and other national disability rights groups, dismayed by the new rule, almost immediately filed federal lawsuits against DOT to block the move. Handicapped representatives said the new rule fell far short of carrying out the law. A federal court in 1981 ruled that a federal requirement that all transit systems be accessible to the handicapped was too much of a financial burden. It told the Urban Mass Transportation Administration to develop new requirements that would assure that the handicapped are provided service. Under the final rule announced Tuesday, a transit authority must establish some alternative services for the handicapped if the regular bus or rail service can not be made accessible. Other members of ADAPT continued to picket in their wheelchairs in front of the Westin Hotel on Tuesday. The group suspended a wheelchair from a wooden cross. It symbolizes how the disabled are being crucified," said Bill Bolte, who helped to hoist the chair. PHOTO -- The Cincinnati Enquirer/Fred Strau: Two protesters hang a wheelchair on a large wooden cross. One man in a cowboy hat and plaid shirt (Joe Carle) steadies the cross and the chair from below, while a second man (Jim Parker) stands and pulls the manual wheelchair higher. Behind them several other protesters (including Joanne ____) watch and stand by extensive police barricades in front of the APTA convention hotel. Caption reads: Joe Carle, left, and Jim Parker chain a wheelchair to a cross Tuesday outside the Westin Hotel. The two were among several members of the American Disabled for Accessible Public Transit demonstrating against City Metro and the American Public Transit Association which is meeting at the Westin.
ADAPT (82)
PHOTO, News Photo by Steve Groer: A view from above down into a room filled with people, most in wheelchairs, sitting in a rough circle with one person in the middle. Next to that person is a desk with typewriter and paperwork on it. Caption reads: Members of Atlantis Community stage protest at RTD headquarters. Handicapped protest lift vote RTD’s rescission of plan assailed By JERRY BROWN News Staff About two dozen handicapped people, most of them in wheelchairs, staged a two-hour sit-in at the Regional Transportation District’s executive offices Thursday after RTD’s directors voted to rescind plans to install wheelchair lifts on 89 articulated buses scheduled for delivery in 1983. The protestors, all from the Atlantis Community, agreed to leave, but only after: * RTD Executive Director L. A. Kimball and three board members promised they would try to arrange a meeting between the full board and Atlantis members unhappy with Thursday’s vote, with the possibility that the board will reconsider its vote. * Kimball agreed to delay implementing the decision to rescind the lift order until after the proposed meeting takes place, if possible. Before the compromise was reached, the Atlantis members said they were prepared to spend the night at the RTD office -- unless removed by the police. RTD official called police and Denver paramedics, and they waited in a nearby room, ready to remove the protesters if the negotiations failed. Co-director Wade Blank said Atlantis members are prepared to stage daily visits to Kimball’s office and take the issue to court if the board sticks by the decision not to buy lifts. Blank said Atlantis members also plan to stage demonstrations during Kimball's public appearances. Blank said Atlantis members say Kimball, who became RTD’s executive director Sept. 14, is the one who persuaded the board to rescind the order for the wheelchair lifts. Last spring, when RTD ordered the articulated buses federal regulations required that all new buses purchased with federal funds be equipped with wheelchair lifts. Eighty percent of the $2l.6 million purchase price of the buses, including the lifts, will come from federal funds. Eliminating the lifts would reduce the purchase price by $1.1 million, or $12,571 per bus, according to RTD. The regulations requiring wheelchair lifts on new buses were rescinded by the Department of Transportation in July, and Kimball said Thursday that eight of the nine other bus agencies who have ordered the articulated buses as part of a consortium that includes RTD have decided not to buy the lifts. Anticipating that the regulations might be rescinded or overturned in court, RTD and the other bus agencies included the wheelchair lifts as a revocable option in their order. RTD has until Nov.27 to cancel its order for the lifts without penalty. After that date, RTD would have to buy the lifts or pay a penalty to drop them from the manufacturer's specifications. More than 100 handicapped people or representatives from agencies providing services to the handicapped were present for the board vote, and more than 20 speakers argued against rescinding the lift order. With only 16 board members present and 11 votes required to rescind the lift order, it appeared at one point that the speakers had swayed enough board members to win their case. But the board voted 11-5 to revoke the order for the lifts, with chairman Lowell Hutson casting the deciding vote after he counted to see how many board members had voted on each side. The Atlantis members then left the board meeting room in the basement of RTD’s headquarters at 1325 S. Colorado Blvd. and occupied part of the building's fifth floor, where Kimball and other RTD executives have their offices. Nearly two hours later, Kimball and board members C. Thomas Bastien, Kathi Williams and Mary Duty came upstairs to negotiate an end to the demonstration. Atlantis, which has long advocated making all of RTD‘s buses accessible to the handicapped, staged a series of sit-ins and other demonstrations against RTD a few years ago because the agency wanted to provide separate service for the handicapped. Relations between the two organizations improved significantly two years ago after RTD agreed to make half of its peak-hour service accessible to the handicapped.
ADAPT (224)
THE HANDICAPPED COLORADAN Vol. 8, No. 4, Boulder, Colorado, November 1985 [This article continues in ADAPT 115 but the story is included here in its entirety for easier reading.] PHOTO on center-right of the page and shows several people in wheelchairs (including Larry Ruiz looking away on left, as you face the bus, and George Florum on right in black ADAPT T-shirt holding a coffee and a cigarette) in front of a large bus. One person stands in front of the bus holding a scarecrow-like effigy of a person in one hand and something else in the other. A person in a white shirt is seated in the driver's seat. Another person similarly dressed is standing next to him. Above them behind the windshield is a destination type sign reading “EASY.” Caption: DEMONSTRATORS BLOCKED BUSES in Long Beach during the fourth day of the Los Angeles demonstration. One protestor (center) holds up an effigy representing the American Public Transit Association. Police arrived later and made several arrests. Demonstrators said the Long Beach police treated them properly. [Headline] Access showdown in L.A. Leads to massive arrests In a scene reminiscent of the black civil rights marches of the 1960s, some 215 people in wheelchairs rolled down Wilshire Boulevard in Los Angeles on Sunday, Oct. 7, to protest the lack of accessible mainline public transit in the United States. ' Chanting "We will ride!" and carrying inflammatory placards, the single-file column snaked its way 1.7 miles from the MacArthur Park staging area to the Bonaventure Hotel where the American Public Transit Association (APTA) was holding its national convention. Although the demonstrators had been denied a parade permit, police made no attempt to halt the march and routed traffic around the procession. However, the hands-off attitude disappeared once the column of wheelchair militants reached the hotel. As hotel security personnel blocked the only wheelchair-accessible elevator that gave access to the main lobby, several of the demonstrators pulled themselves from their wheelchairs and threw their bodies in front of the escalators, vowing to prevent anyone else from entering or leaving the hotel. The disabled demonstrators shouted "Access now! Access now!" while police deliberated their next move. Finally, after an hour, the police moved in. Eight demonstrators, including one woman, were arrested for “refusing to leave the scene of a riot," according to a police spokesperson. But they didn't go without a fight. George Florom of Colorado Springs thrashed about so hard that it took three officers to subdue him. One of the officers claimed that Florom kicked and bit him, During the scuffle, police said one of the demonstrators grabbed an officer's gun. Florom was removed to a specially equipped police van. He was soon joined by Edith Harris of Hartford, Conn, a veteran of other APTA demonstrations, who had been arrested during the San Antonio APTA protest. Harris had tried several times during the day to get the police to arrest her, even to the point of throwing shredded ADAPT literature in the street and demanding that police arrest her. Police merely removed her motorized chair from the street and picked up the paper, But when Harris threw herself on an escalator, the police moved in and escorted her to a waiting police van. Police and demonstrators differed as to how well the department handled the arrests. "We look bad no matter what we do," Sgt. Bill Tiffany said. A police spokesperson said the department had medical personnel on hand and tried to provide for the special needs of those arrested. That wasn't the case, according to Wade Blank of Denver, one of the founders of the American Disabled for Accessible Public Transit (ADAPT), which helped organize the Los Angeles demonstration as it has similar protests in Denver (1983), Washington, D.C. (1984), and San Antonio, Texas (1985). "The police were real nice until we got to the Bonaventure," Blank said. “But it was a real bad situation at the hotel. The cops turned into real pigs. They wouldn't let us use the hotel restroom. Some of them laughed at a lot of disabilities of the demonstrators, and a few of them pulled their clubs and threatened us with them." Blank said he learned that the officers who pulled their clubs were later given reprimands. Lou Nau, chairman of the Disability Rights Committee of the American Civil Liberties Union (ACLU), was also critical of how the police handled the arrests. Nau said that Mike Auberger, a quadriplegic community organizer for the Atlantis Community in Denver, was not allowed to use a bathroom for eight hours, causing hyperreflexia, while others who were arrested were not allowed to take necessary medications although they repeatedly explained the danger this might cause. Four men were handcuffed behind their backs and then left for up to five hours in their chairs in police vans, according to Nau. Of the eight arrested, Harris was released that same night and five of the men by the following afternoon. The other two men were not released until Tuesday morning. Some 53 disabled protestors maintained a night-long vigil outside the county jail. The police later issued this statement: “It must be stressed that the Los Angeles Police Department has repeatedly tried to meet with demonstration leaders in the attempt to provide legal alternatives to accomplish their objectives and avoid the distasteful necessity of arresting handicapped citizens." To that end, Jack Day, a board member of the Southern California Rapid Transit District (RTD flew to Denver earlier in the year to [print completely faded] in an attempt to talk the organization out of civil disobedience. Blank was one of those who met with Day. "We told him we wouldn't use civil disobedience if the (Southern California RTD) agreed to introduce and support a resolution at the APTA convention calling upon APTA to reverse its stand and back mandatory wheelchair lifts on buses," he said. Day said that was not possible. Meanwhile back in Los Angeles Day's other board members continued to discuss ways and means of handling the demonstrators. Ironically, Los Angeles — the city where demonstrators chose to make their point - is one of the most accessible in the country. California and Michigan are the only states that require all new public transit vehicles to be equipped with lifts. Usha Viswanathan, a spokesperson for the Southern California RTD, said that 1,891 of the district‘s 2,445 active buses were equipped with lifts and another 200 were being retrofitted. The lifts cost between $15,000 and $20,000 each. Within the next five years, the district intends to operate only lift-equipped buses, making it the first 100 percent accessible system in the country. In other parts of the country it's Up to the local transit provider to decide whether or not to offer accessible service. And that's the way it should bee, according Albert Engelken, APTA's deputy executive director. Geographical and climatic conditions have to be taken into consideration because lifts are difficult to operate in snow and on curved roads, Engelken said. In the late 1970s, the Carter administration's Department of Transportation mandated that all new buses be outfitted with wheelchair lifts. APTA, which acts as a lobbying and policy-making group for some 300 separate transit districts across the country, filed a lawsuit that eventually reversed that decision. Since then disabled groups have dogged APTA wherever it meets, insisting that the organization vote on a resolution calling for mandatory accessibility. That‘s why the demonstrators were in Southern California, Jim Parker of El Paso explained. Parker said ADAPT was very appreciative of the steps California was taking toward complete accessibility.” "This is a model city," he said. The demonstrators were in Los Angeles to embarrass APTA, not the local transit district, he said. That didn't stop the demonstrators from stopping buses, however. On Wednesday, Oct. 10, wheelchair demonstrators poured onto the streets of Long Beach, where they held several buses hostage. Protestors said they would release the buses if Laurance Jackson, general manager and president of Long Beach Transit and the newly elected president of APTA, would meet with them. A spokesperson for Jackson said that would be impossible, as Jackson had other commitments at the convention and the protestors had come unannounced. Before the day was done, police issued 33 misdemeanor citations for failure to disperse and arrested l6 protestors, all of whom were later released on their own recognizance. Blank said that the Long Beach police acted appropriately under the circumstances. Long Beach had been the scene of another confrontation earlier that same week. On Monday, 26 wheelchair demonstrators staged a roll-in at the office of U.S Rep.Glen Anderson (D-Long Beach), who is chairman of the House Transportation Committee. Anderson, who had been expected in his office that day, had been detained in Washington due to a heavy work load. The congressman later issued a statement pointing out that he had consistently voted to support accessible systems. Anderson blamed the Reagan administration, not Congress, for overturning a "requirement that the handicapped be given full accessibility to public transit." Most of the demonstrators agreed with that assessment. Blank and Parker compared APTA to the Klu Klux Klan and called upon its individual members either to fire its executive board, including executive vice president Jack Gilstrap, a longtime foe of mandatory accessibility, or to pull out and form a new national transit organization. A Gilstrap aide said he had no intention of resigning. Blank said Gilstrap and the rest of the APTA membership could expect to see them again when the organization holds its next national convention in Detroit in 1986. ADAPT plans similar tactics, since Michigan, like California, has already opted for total accessibility. "It's a question of civil rights," Blank said." And it's a national issue. Wherever they go, you can expect to find us." 3 photos filling the top three-quarters of the page. Photo 1: A man (George Florum) in a manual wheelchair wearing a black no-steps ADAPT T-shirt is loaded onto a lift of some type of vehicle by three beefy police officers Caption: GEORGE FLOROM OF of Colorado Springs is arrested for blocking buses in Long Beach. Photo 2: A dark shot of a man in a white T-shirt (Chris Hronis) being pulled upward by several sets of hands. Caption: CHRIS HONIS [sic], a California ADAPT member, is arrested at the Bonaventure Hotel. Photo 3: a couple of small groups of protesters in wheelchairs and standing, are in front of one bus and beside another, while police stand nearby. Caption: ACTIVISTS hold a bus captive in Long Beach. To the left of photo 3 is an ADAPT "we will ride" logo with the wheelchair access guy and an equal sign in the big wheel.
ADAPT (165)
[Headline] Disabled Advocates Are Rolling on Washington D.C. For the second year in a row wheelchair pickets will surround the national convention of the American Public Transit Association (APTA). Some 150 to 200 wheelchair demonstrators are expected to join the picket lines, although that number could increase dramatically by the time the four day long convention opens Sept. 30 in Washington, D.C., according to a spokesperson for the American Disabled for Accessible Public Transportation (ADAPT). But, unlike the convention held in Denver last year, ADAPT will not be allowed to argue the case for accessibility on the convention floor. “Gilstrap (APTA executive vice president Jack Gilstrap) told us there was no way we were going to speak this year,” Wade Blank said. Nor does Blank expect APTA to vote on a resolution introduced at the 1983 convention calling upon APTA members to purchase only lift-equipped buses. When the Carter administration mandated accessibility in the late 1970s, it was APTA that successfully fought those regulations in court, arguing that it was a judgment best left to the discretion of the local transit provider. Some cities, like Seattle and San Jose, California, and-to a lesser extent-Denver, chose to make their systems accessible, but the vast majority refused, claiming the lifts were impractical and too expensive. However, accessibility advocates say that the technology is available to design both economical and reliable lifts, but that bus manufacturers will not use it as long as there is little demand for lifts from transit providers. APTA argues that in many, if not most cases paratransit systems can offer better and more economical services to disabled riders. ADAPT maintains that isn't so, arguing that cities such as Seattle are experiencing a steady drop in the per ride cost for lift-assisted trips while paratransit costs are constant, regardless of the number of trips. At the Denver convention, APTA's position was championed by Colorado Governor Richard Lamm, who told the delegates that the country couldn't afford to equip all its buses with lifts and continue as a great nation. New York City Mayor Ed Koch is expected to take a similar tack at this year's convention. In 1983, Denver Mayor Federico Pena, who was instrumental in getting ADAPT a place on the convention agenda, supported accessibility, just as this year's host mayor, Marion Berry, is expected to do. Access/Denver will send 43 wheelchair demonstrators to Washington, although at press time they were short $4,400 of the $15,000 needed to provide them with transportation, food and lodging. Among the individuals contributing to the fund drive was Wellington Webb, an unsuccessful 1983 candidate for mayor of Denver. In addition, Denver's HAIL, Inc., will be sending five representatives. Several other cities, including Dallas, El Paso, Los Angeles, Cincinnati, Little Rock, Arkansas, Poughkeepsie, New York, and Chicago have confirmed that they will have representatives on the picket line. Boston's Disabled Liberation Front announced that it was sending eight pickets. ADAPT intends to provide a training session in confrontational politics in Washington on September 26. Ironically, one problem that demonstrators flying into Washington's Dulles International Airport will face is a lack of accessible buses between the airport and downtown Washington. "We were going to file a complaint," Blank said, "but it turns out that the Department of Transportation runs the bus system there and they say that they are the administrators, not the recipients, of federal funds, and therefor are not required to provide accessible service."
ADAPT (487)
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."