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- ADAPT (338)
The Phoenix Gazette, Monday 3-30-87 [This article is in ADAPT 338 and 337 but the entire text has been included here for easier reading] Title: Wheelchair Activists to Picket in Phoenix By Pat Flannery Phoenix will be the next stop for a traveling road show that, despite its mayhem, carries a message that has stirred debate across the country. About 150 wheelchair-bound members of American Disabled for Accessible Public Transit will converge on the downtown Hyatt late this week to picket the Western Public Transit Association, which will be in Phoenix April 5-8. If ADAPT’s performance in more than a half-dozen cities over the past several years is any indication, Phoenix may witness militant wheelchair-riders defying police and transit officials by chaining themselves to city buses, obstructing routes, throwing their bodies onto the steps of buses unequipped with wheelchair lifts and generally raising havoc to make their point. The Denver-based ADAPT, according to organizer Michael Auberger, is a single-issue advocacy group with one goal: putting a wheelchair lift on every bus in every transit system that receives federal transportation funds. And it will go to great lengths to dramatize its goal. "That’s the issue, right there,” Auberger said. “As disabled people, we have the right to ride a bus down the street just like everybody else.” And the right to go to jail like other unruly demonstrators, Phoenix police say. Though Auberger said ADAPT members will meet with police and city officials on arrival to “lay down the ground rules,” neither he nor police are overlooking the possibility of arrests. “We’re looking at all scenarios, including making arrests if pushed to that point,” police spokesman Sgt. Brad Thiss said. “We’ve talked to other police agencies, and historically their goal is to get arrested...and they haven't let up until it occurs. “All we can really say is we're prepared for any contingency.” ADAPT has focused its animosity since its creation in 1982 on APTA. That year the U.S. Supreme Court struck down as too broad a federal regulation requiring all city transit systems to equip at least half of their buses with lifts. The challenger of the regulation was APTA. “They (ADAPT) want each and every bus in the U.S. to be lift-equipped for wheelchair bound people,” Albert Engelken, deputy executive director of APTA, said. “We want those decisions made locally, not nationally. We've never been against wheelchair lifts for buses, but we’re strictly for local decision-making.” Local factors include the cost of equipping buses with lifts, the availability of “parallel” services such as paratransit vehicles for the disabled, and the ability to provide adequate service with the more expensive equipment. In the end, Auberger argues, there is no excuse for denying disabled people access to every bus on which members of the general public ride. “The number of disabled people is constantly increasing, and by the year 2000 it’s going to double again,” Auberger said. “Eighty-five percent of the disabled population is unemployed, and this is a big factor. It allows you to live where you want, work where you want. It gives you options. You can participate in the community.” Whether the kind of protest that has appeared in other cities materializes in Phoenix depends on what ADAPT finds after arriving, said Auberger, who visited the Valley in February. The Regional Public Transportation Authority earlier this month adopted a broad policy statement promoting, among other things, the use of wheelchair accessible buses on all fixed routes. “That takes them out of the view of being an adversary," Auberger said. “lt’s obviously a growing system, and realizing it’s a regional system... that’s the way it should be." The Phoenix public transit department has not adopted such a policy, though director Richard Thomas said more than 10 percent of the 327 buses serving Phoenix are lift-equipped. In addition, about half of the city's paratransit fleet is so equipped. Auberger said the Phoenix bus system could be a protest target if it does not adopt a policy, which Thomas said is virtually impossible given the timing. Likewise, Auberger said Phoenix Mayor Terry Goddard may be targeted because he refused to meet with ADAPT members to discuss the issue. The end - ADAPT (265)
The Cincinnati Enquirer Monday, May 19, 1986 Comment/A-7 PHOTO by Jim Callaway/The Cincinnati Enquirer: Three protesters in wheelchairs form a diagonal line across the picture. On the right in the foreground a heavy set man (Jerry Eubanks) sits in his manual wheelchair, a cab of soda in his right hand. He is a double amputee below the hips, and is wearing a look of concentration, and appears to be chanting. His right hand is resting on the back of a motorized wheelchair to his right. In that chair is a slim man (Greg Buchanan) who is wearing a very large sign across his legs that reads "A Part of NOT Apartheid." (The message is a bit obscured by the curve of the sign around his legs.) He is also wearing a light colored ADAPT T-shirt. To Greg's right and a bit further away and behind is a third man in a chair, a slim man with dark hair and a beard (John Short). He also has a sign on his legs but the quality of the picture makes it unreadable. Caption reads: Members of ADAPT picket in front ol the Westin Hotel Sunday afternoon. Gary Eubanks of Chicago, right, Greg Buchanan of Colorado Springs and John Short of Denver were among them. Title: Protesters converge on city Disabled demand full access to public transportation BY KAREN ROEBUCK The Cincinnati Enquirer Former Cincinnatian Mike Auberger said he left the city because of its lack of accessibility to the handicapped and because "the mentality toward people with disabilities is really 19th century at best." Auberger, who now lives in Denver, is one of about 75 members of ADAPT (American Disabled for Accessible Public Transit) in Cincinnati Sunday through Wednesday demanding full accessibility to public transportation systems for the handicapped. But the approximately 50 members of ADAPT demonstrating in front of the Westin Hotel, where the American Public Transit Association (APTA) is holding its regional convention, were denied access to the hotel Sunday. "The only people they're stopping are people in a wheelchair; that's blatantly discriminatory," said Bob Kafka, of Austin, Texas and ADAPT community organizer. Cincinnati Police Capt. Dale Menkhaus, Operational Support, said public easements can be barricaded to any group that might disrupt the hotel, which is private property. ADAPT members publicly stated they would try to disrupt the conference and have attempted to do so at other APTA conferences, police and Westin officials said. The hotel's first priority is to its guests, in this case the APTA, said Larry Alexander, general manager of the Westin. The ADAPT group blocked entrances and exits to the hotel for a short time Sunday, and rode their wheelchairs in downtown streets, somewhat disrupting traffic to the Reds-Pirates game, Menkhaus said, but did not cause any major problems. Armed with signs, T-shirts and badges, the group chanted slogans expressing their desire to ride public transportation systems. Some of the signs read, "Buses won't roll without us," and "We have a dream. . . We will ride." Kafka said ADAPT members will most likely try to stop some Queen City Metro buses. In other cities, members have sometimes chained themselves to the vehicles. Murray Bond, assistant general manager of Queen City Metro, said if ADAPT members try to stop the buses, the drivers will put the vehicles into park and let the police move the demonstrators. Menkhaus said ADAPT members will be arrested if they break the law. Despite the barricades, ADAPT members also will try to get into the convention, Kafka said, to get a resolution requiring full accessibility for the handicapped onto the convention floor. Albert Engelken, deputy executive director of APTA, said the executive committee and board of directors have discussed voting on such a resolution, but decided that decision should be made at the local level. Every system in the country has some way of transporting the handicapped, he said, which was decided upon with the advice of local agencies for the handicapped. About 30% of the systems nationwide are fully accessible, he said. Queen City Metro has an access program which will pick up handicapped people at their homes and take them where they need to go in Cincinnati, Elmwood Place, St. Bernard and Norwood, Bond said. "We understand their goals of total accessibility. It's certainly a laudable one, but also a very expensive one." The customer pays 60 cents for a ride, but it costs Queen City Metro about $10, he said. A ride must be scheduled 24 hours in advance under the Queen City's rules, but space is not always available, said Dixie Harmon, co-chairperson of the Specialized Transportation Advisory Committee to Queen City Metro and a member of Greater Cincinnati Coalition of Persons with Disabilities. "They dictate our lives to us, because we have to go and come as there's space available," she said. Kafka said ADAPT does not expect public systems to make all their buses wheelchair accessible, only all new buses. In about 20 years, the entire system could then be used by the handicapped, he estimated, pointing out that Queen City now owns 87 buses with wheelchair lifts, but the lifts have been locked down. Bond said those buses were bought with federal money at a time when wheelchair accessibility was required for any purchased with federal funds, and would be too costly to operate. The Greater Cincinnati coalition supports the goals of ADAPT, Harmon said, but chooses to negotiate for changes instead of demonstration. - ADAPT (255)
8B The Cincinnati Post, Monday,May19,1986 Title: Disabled activist group faces arrest By Edwina Blackwell, Post staff reporter Cincinnati police will arrest members of a national handicapped activist group today if they fulfill a vow to block and chain themselves to Queen City Metro buses to protest the inaccessibility of buses to the handicapped. Michael Auberger, community organizer for American Disabled for Accessible Public Transportation (ADAPT). said the group's civil disobedience will take a more disruptive turn as the week progresses. “Whatever it, takes to disable the bus, that's what we'll do to show that the bus is inaccessible," Auberger said during a Sunday protest by the group at the downtown Westin Hotel, where public transit officials are meeting. However, Police Capt. Dale Menkhaus said extra officers will patrol the downtown streets where protesters say they will block buses and chain themselves to bumpers while the buses are stopped for traffic lights. “We're prepared to do whatever necessary to protect them (the protesters) and the general public. If they elect to violate the law, they will pay the consequences," Menkhaus said. About 85 ADAPT members - who have been arrested during similar protests in other cities — made their way Sunday afternoon from the Newport Travelodge to the Westin Hotel, where the American Public Transit Association is meeting. With most of its members confined to wheelchairs, some of the protesters relied upon able-bodied members to push them through the streets. Several of the protesters were draped with chains and locks that they plan to use to chain themselves to buses. Extra Cincinnati police officers guided the march and some were waiting for the group at the Westin, where the protesters were greeted with barricades at each of the hotel's entrances. The demonstrators arrived at the Westin and picketed in front of the hotel's entrances on Vine, Fifth and Walnut streets. “We will ride!“ they chanted. There were no arrests Sunday, although police warned pickets they would be arrested if they blocked the hotel's entrances. Menkhaus met with the protesters Sunday and cautioned that they would be arrested if they disrupted bus traffic. Auberger, a former Cincinnatian who now lives in Denver, was pleased with Sunday's protest. Leaning back in his wheelchair with a lock and chain around his neck, he said, "I think we made a strong statement to APTA and Cincinnati that disabled people aren't powerless." Murray Bond, assistant general manager for Queen City Metro, said the city-owned transit company has been working with police for several weeks in anticipation of protests by ADAPT. Members of ADAPT, a Denver—based organization, arrived in Cincinnati to coincide with the eastern education and training conference of the APTA. Nearly 600 transit officials are attending the five-day meeting, which ends Thursday. The convention's general session was to begin this morning. U.S. Rep. Martin Sabo. D-Minn., will give the keynote address. On Wednesday, the conference will address the transportation needs of the disabled during a 2 p.m. workshop. Auberger said the risk the group's members take shows how important it is to them to be able to use public transportation at will. "The point is so vital to make," he said. Bond said Queen City Metro knows of the tactics used in other cities. “Our chief concern is for the safety of the people and our riders," he said. In Cincinnati, ADAPT wants Queen City Metro to operate the wheelchair lifts currently soldered into place on 87 buses. The group also wants all buses purchased in the future to be equipped with wheelchair lifts. At present, 19 vans are used to pick up handicapped individuals in Cincinnati through a contracted service called Access. Judith Van Ginkel, director of communications for Queen City Metro, said the service was recently expanded to include three more neighborhoods and [unreadable] for those who don't need wheelchair lifts. She added it would cost Queen City Metro $350,000 to make the lifts on the 87 buses operational. Albert Engelken, APTA deputy executive director, said money problems being faced by transit systems are at the root of transportation for the handicapped. "We don't see this as a civil rights issue," he said. "We see this as a funding issue." ADAPT disagrees. Jerry Eubanks lost his legs to gangrene as a child. On Sunday, he served as a group cheerleader pushing for what he sees as a civil right for the handicapped. "When you make transportation, it's public. It's for everyone," said Eubanks, a Chicago resident. “We're only fighting for what's already here. " - ADAPT (219)
Denver Post, Issues, 10/6/85, no page number [Headline] Transit leaders to face protests from disabled By Jack Farrar Special to the Denver Post The American Public Transit Association will run into some political street theater when it rolls into Los Angeles today for its annual meeting. Waiting for the group will be a militant cast of handicapped individuals, including members of a Denver organization called Atlantis, who want full accessibility to the nation's public transportation system. As APTA delegates convene at the Westin Bonaventure Hotel, more than 100 people in wheelchairs – members of the American Disabled for Accessible Public Transit – will be “marching” single-file from MacArthur Park, more than a mile away, to begin a week-long series of demonstrations. They won't have a parade permit. They haven't asked for one. Through such acts of civil disobedience, the demonstrators hope to force the APTA, public officials and the news media to think about what they consider to be the most pressing issue facing the handicapped: access to public transportation. One contingent of protesters will be led by Wade Blank, a 44-year-old Denverite who cut his activist teeth in the 1960s, marching with blacks in Alabama and peaceniks in Ohio. Access 'a right'[boldface] Blank is the founder and executive director of Atlantis, one of ADAPT's most militant member organizations. “Jobs and education don't mean much,” Blank argues, “if you can't take a bus to get there. Accessibility to public transportation – moving from one place to the other – should be a right, not just a consumer service.” For the past three years, ADAPT, largely under Blank's leadership, has demanded that APTA adopt total accessibility for the handicapped as an official policy rather than as an objective. Transit association officials have responded by citing numerous improvements made in service for the handicapped – improvements that the handicapped have applauded – and contends that total accessibility is financially impractical. “We have not ignored the handicapped,” says APTA Deputy Executive Director Albert Engelken. “Accessibility is a compelling issue. But total accessibility is an enormous undertaking, and with federal dollars shrinking, our resources are limited. In any case, it is not the role of an association like ours to establish policy.” Disabled activists, however, believe the costs of accessibility are distorted by the transportation industry. Moreover, they argue, the issue is civil rights, not economics. “Public transportation is a tax-supported system,” Blank says. “The handicapped pay taxes. It's as simple as that. How would the average taxpayer feel if he was denied access to a facility he paid for?” Long regarded as a quiet minority, disabled individual recently have added a more confrontational approach to their struggle for equality, and the man frequently in the front lines of that movement is Blank, whose long blond hair and granny glasses evoke the image of the 1960s activist. He encourages the handicapped to take to the streets when they feel their demands are being taken less than seriously. Members of Atlantis have made headlines locally and nationally with their tactics in Denver – chaining themselves to seats of fast food restaurants, occupying intersections that don't accommodate wheelchairs, and blocking the entrances to buildings with architectural barriers. Rules watered down [boldface] Progress in making public transportation available to the handicapped can be traced to the Urban Mass Transit Administration's adoption of Section 504 of the Rehabilitation Act in 1979. [sic] Section 504 generally made it illegal to exclude any individual, by reason of handicap, from any program receiving federal dollars. UMTA's regulations stated that all new buses purchased with federal money must include wheelchair lifts and aimed for 50 percent of peak-hour accessibility on regular bus routes. RTD standards strict [boldface] The Regional Transportation District in metropolitan Denver has adopted accessibility standards that are more stringent than required. Even after Section 504 regulations were softened in 1981, RTD's board chose to maintain its commitment to provide 50 percent peak-hour accessibility on all routes, and 100 percent off-peak accessibility. And RTD will soon become the first public transit system in the United States to introduce wheelchair lifts on its larger, regional commuter buses. Despite such advances, Blank will not be satisfied until disabled individuals throughout the United States can board and ride a bus whenever and wherever the able-bodied do the same. “We simply want APTA, as the association which speaks for the public transportation industry, to declare its intention to make the system accessible. We know it will take time. But isn't this the country that put a man on the moon?” - ADAPT (484)
METRO Magazine March/April 1989 pp.18 - 21 Court Rules On Wheelchair Accessibility U.S. Court of Appeals orders that all new transit buses be wheelchair lift-equipped and paratransit service provided. by Jason Knott (This story continues through 484, 471, 470, 465, and 466. However, the entire text of the story is included here for ease of reading.) DRAWING: A large balance scale with a bowl hanging from each side of the balance. One bowl has the acronym APTA in it, the other has ADAPT. QUOTE below the picture: “I don’t think the government should mandate installation of lifts. It can become expensive for the smaller transit properties." —Davis There are more than 40 million disabled Americans and an estimated 67 percent of them are unemployed, according to the National Easter Seal Society. Meanwhile, a recent Harris poll revealed that three out of every 10 disabled persons say they cannot work because of a lack of accessible transportation. Moreover, the same poll shows that 49 percent of the disabled believe their mobility is limited because of transportation barriers. These statistics confirm that public transit accessibility is an important ingredient to mainstreaming the handicapped into society. On the flip side of the coin are the public transit authorities who are in the business of transporting ambulatory, as well as handicapped, persons in the most economical method possible. It would seem that the handicapped, who depend on public transit, would be natural constituents of transit agencies; however, the two groups have been at odds for years, grappling with each other over the accessibility of service. In particular one handicapped rights group — ADAPT (Americans Disabled for Accessible Public Transit) — has been fighting with public transit across the nation. ADAPT wants every fixed route transit bus equipped with a wheelchair lift. In order to express its point, the group conducts disruptive protests at conferences held by the American Public Transit Association (APTA). (See September/October 1988 METRO Magazine, “When Rights Clash," page 79) Today, disabled Americans can chalk up a victory in their constant battle for a broader distribution of handicapped-accessible transit service. On February 13, a federal appeals court ordered the U.S. Department of Transportation to require transit authorities to equip all newly purchased buses with wheelchair lifts. The 3rd Circuit Court of Appeals in Philadelphia also determined the 3 percent cap placed on transit agencies for handicapped expenditures was too low in the case entitled “ADAPT vs. Burnley." Wade Blank. director of ADAPT, applauded the court decision, saying the ruling is significant in the sense it is "evolutionary." Blank said, "We are now getting back to where we were in 1978. When we filed originally, we targeted the 3 percent cap. We decided to broaden the case because the climate in the country has changed. We talked with our attorneys and they broadened it to include the original intent of Section 504, and to really challenge the 1980 case that APTA brought. We are victorious because of a major mood change in the country regarding handicap accessibility." Blank cited two other recent rulings in Detroit and Chicago favoring handicapped accessibility. The Philadelphia ruling is in conflict with APTA's official policy, which was spelled out in a position paper reissued in October 1988. The association favors the local-option approach by which each local transit authority determines its own handicapped transportation policy. APTA's Board of Directors recently rejected a similar proposal calling for all new transit buses to be lift-equipped, according to Albert Engelken, deputy executive director. In other words, APTA believes that each local transit authority should create its own balance between demand response - or dial-a-ride — service, and fixed route accessibility. “It is very important that people realize that APTA is not against wheelchairs on transit buses," said Engelken, “rather, we are for local decision. The board of directors unanimously supports this approach. Every transit system makes their decision after in-depth consultation with the local disabled community. They are not making their decisions blindly." What next? The Department of Transportation is currently exploring its options, which include seeking a rehearing by the appeals court, appealing the-decision to the U.S. Supreme Court, or accepting the ruling. Michael Jacobson, spokesman for the DOT, could not give an estimate on when a decision might be made. An appeal is possible despite President Bush's recent campaign commitment to handicapped programs. Whether the decision will affect bus procurements that are currently - underway is unclear. Jack R. Gilstrap, APTA's executive vice president, issued the following statement concerning the ruling: “Because of the cost impact of the decision which requires lifts on all new buses plus paratransit service, and because it is inconsistent with other court decisions which create conflicting obligations on the part of the DOT and local public transit systems, APTA is urging DOT to challenge the decision." “Obviously this decision is extremely important," said Charles Cowie, national sales manager for Mobile Tech Corporation, a Hutchinson, Kansas-based manufacturer of wheelchair lifts for transit buses. “The objective is to make accessibility and mobility easier for the disabled, but to some, the decision favors a sector of the populous that is not altogether popular." “In a philosophical sense, the ruling is great," said Bill Hinze, National Sales Manager for Ricon, a dedicated lift manufacturer in Sun Valley, Calif. “It’s like a mandate for racial integration — it should have been done years ago." However, Hinze indicated he is still an advocate of demand response systems. “I don't think the government should mandate installation of lifts," said Bob Davis, vice president of Bus Manufacturing USA, a Goleta, Calif.-based distributor of semi-automatic lifts. “It can become expensive for the smaller transit agencies." The court also ruled that the current 3 percent cap on handicapped spending was insufficient; however, many agencies were already spending a higher percentage. In fact, in California and state law already requires all newly purchased transit buses to be equipped with wheelchair lifts. “Other states were already adhering to a similar policy, although it is not written in law," said Don Smith, director of marketing for Lift-U, Inc. in Escalon, Calif. According to Engelken of APTA, an average of 6 percent of transit expenditures are directed toward improving handicapped transportation already — double the required limit. Moreover, an APTA survey indicates that 31 percent of all transit vehicles are lift equipped, with the number steadily rising. The court decision comes in the wake of several different movements toward the improvement of handicapped accessibility to public transit. [Subheading] Project ACTION As part of the APTA’s Elderly and Disabled Task Force, a three-year Congressional program called “Project ACTION" (Accessible Community Transportation In Our Nation) will soon establish six demonstration sites nationwide to study handicapped transit accessibility. The National Easter Seal Society is conducting the three-year, $3 million undertaking. Congress has earmarked $1 million in fiscal year 1988 UMTA research and technical assistance funds to initiate the project, and an additional $1.35 million in fiscal year 1989. Project ACTION is designed to improve access to transit services for the handicapped. It will involve national and local organizations representing public transit operators, the transit industry, and people with disabilities in the development of a cooperative model program promoting greater access to transportation. Project ACTION is the result of a mandate from Congress to find ways to better accommodate the transportation needs of people with disabilities. The program will focus on five key concerns of people with disabilities and local transit operators seeking to improve transit: * Identifying persons with disabilities in the community. * Developing effective outreach and marketing strategies. * Developing training programs for transit riders. * Developing assistive programs for people with disabilities. * Applying appropriate technology to solve critical barriers to transportation and accessibility. “APTA’s task force is examining numerous areas to improve handicapped transportation," said Engelken. “We are looking at how to improve the marketing of service and we are struggling with the wrenching problem that exists in that area. "We have to make sure that people are riding the buses,” added Engelken. “If we don't, then the federal and state government are going to say that transit agencies are spending their money unwisely.” [Subheading] Operating costs The court decision also comes at a time when some transit agencies are lowering their wheelchair lift operating costs. In fact, figures released by ADAPT, claim that Seattle Metro operating costs were $3.13 per lift in 1987, with a reliability rate of more than 98 percent. In comparison, the Bay Area Regional Transit Association cited operating costs of $118.55 per trip for wheelchair lift-equipped transit buses among the several different transit authorities operating in the region. This disparity is due to widely different methodologies for calculating costs, a condition that has led to an absence of reliable nation-wide data. Tim Cook, director for the National Disabilities Action Center in Washington, D.C. and the attorney representing ADAPT in court, said, “I’m not sure accurate figures exist because it varies from system to system. National figures are meaningless because many systems haven't made a decision to make a commitment to accessibility." “Every property has it differently organized. Some agencies will designate one mechanic to maintain 75 to 100 lifts," said Smith of Lift-U, “But it really depends on how committed the maintenance director or general manager is to wheelchair lifts." [Subheading] Technology Mobile Tech and Lift-U manufacture electro-hydraulic passive wheelchair lifts for the transit industry. These lifts do not require the driver to leave his seat to operate the device. Ricon is a leading manufacturer of dedicated lifts, which are common on paratransit vehicles. These lifts are ideal for the handicapped, but cannot be used by ambulatory passengers. The lift does not utilize hydraulics. Another lift on the market is the AMF Hubmatik swivel-lift manufactured in West Germany. The lift is marketed in the U.S. by Bus Manufacturing USA and Ortho Safe Systems in Trenton, N.J. The semi-automatic, electro-hydraulic lift requires the driver to swivel the unit out the door for boarding and departure. It is currently in use by Sun Line Transit Agency in Thousand Palms, Calif. Due to constant R & D by the manufacturers, lift technology is dynamically improving. According to Smith, future innovations in passive lift technology will include state-of-the-art circuit boards, LED's and microchips. Cowie of Mobile-Tech predicted a 180 degree turn in technology within the next two years. Hinze indicated his company is developing a lift that can be utilized by both handicapped and ambulatory passengers and reduce maintenance costs by up to 10 percent. The court ruling does not touch upon rail accessibility at all. Installation of wayside wheelchair lifts for rail systems has not been as active as bus development. According to Smith, some transit agencies have requested lifts be designed for installation on the railcars themselves; however, because of the small demand, this is not profitable for passive lift manufacturers. More R & D is necessary on the shock and vibration of railcars to produce a passive lift that can withstand that environment. However, San Diego Trolley has been using on-board lifts for three years, and recently ordered 41 more units according to Hinze of Ricon. This onboard lift eliminates the problem of railcar operators “spotting” their stops for wayside lift access. The ruling could also mean increased specification of wheelchair restraint systems such as the one manufactured by Q'Straint in Buffalo, N.Y. The system consists of four stainless steel floor plates mounted flush with the floor. Four belts, two in front and two in the rear, and a shoulder harness and lap belt secure the rider. [Subheading] Solving the problem Despite the jubilation one might expect among wheelchair manufacturers, many seem to believe a mixture of demand response service along with fixed route wheelchair service is the ultimate solution to transporting the disabled and elderly. "The degree of demand response versus fixed route service should be a local decision," Cowie said. “It is important to mainstream the handicapped in the bigger cities through fixed route service; however, demand response is good in rural areas." These thoughts were echoed somewhat by Smith, who is a member of APTA’s Elderly and Disabled Services Task Force. "There should definitely be a mixture of services," he said. “[The government] can't dictate how every community should handle this problem. Some communities have spent a lot of money of their dial-a-ride service. You need to have a local option. “Another solution," continues Smith, "might be to make fixed route service fully accessible and let another organization — outside the realm of public transit — take care of special needs or demand response service." He believes the transportation problems of the elderly and the disabled should be handled separately. the end of article BOXED TEXT next to main article: [Heading] The Long Road To Wheelchair Accessibility A federal appeals court has ordered the U.S. Department of Transportation to require transit authorities to equip new buses with wheelchair lifts, and provide public transport for riders unable to use lift-equipped buses. Attorneys who brought the lawsuit called it the most important decision ever handed down for handicapped people needing public transportation. The decision, in the U.S. 3rd Circuit Court of Appeals was, 2-1. “We conclude that ordering that newly purchased buses be accessible to the mobility disabled does not exact a fundamental alteration to the nature of mass transportation," Judge Carol Mansmann wrote in the majority opinion. “Also, by requiring that newly purchased buses be accessible, we are not imposing undue financial or administrative burdens on the local transit authorities." In the dissenting opinion, Judge Morton I. Greenberg said the section requiring new buses to be accessible was not meant to apply to transit systems choosing a paratransit system. Timothy M. Cook, director of the National Disability Action Center, argued the case before the appeals court and called the decision, “a major, major victory for the handicapped community. We can't say enough positive things about it.” Cook expressed hope that the ruling would not be appealed in light of President Bush's recent comments about his desire to bring the handicapped into the mainstream. The Transportation Department had appealed an earlier decision by U.S. District Judge Marvin Katz in Philadelphia that canceled a 1986 department regulation calling for mass-transit authorities to spend up to 3 percent of their operating budgets on providing services for the handicapped. In his decision, Katz called the 3 percent requirement unreasonable, but ruled the department must resolve differences between equality for the handicapped and cost efficiency. Americans Disabled for Accessible Public Transportation (ADAPT) appealed Katz's simultaneous ruling that upheld the right of transit authorities to decide whether to fit vehicles for the handicapped or provide other services. The appeals court ruling affirmed Katz's decision in favor of dropping the 3 percent provision, but it reversed his other decision by ordering transit authorities to equip new buses with chair lifts or other accommodations for the handicapped. - ADAPT (593)
2/89 New York Times [Headline] Court Orders Buses Fitted for Handicapped PHILADELPHIA, Feb. 14 (AP) - A Federal appeals court ordered the Department of Transportation on Monday to require transit authorities around the country to equip new buses with wheelchair lifts. In its ruling, the United States Court of Appeals for the Third Circuit, in Philadelphia, said another Transportation Department regulation allowing communities to offer the handicapped services like special vans hindered the spontaneous use of mass transit by the disabled. The court also upheld a decision requiring the Transportation Department to eliminate a 3 percent limit on the amount of money transit authorities must spend to make transportation accessible. The lawsuit, filed by Americans Disabled for Accessible Public Transportation, a coalition of disabled people, and 12 organizations, attacked a provision of the Federal regulations on public transportation that allows local authorities to offer people in wheelchairs transportation in buses, special vans or a combination of the two. Judge Carol Los Mansmann of the appeals court, writing the 2-to-1 decision, said, "Congress wanted to provide the disabled with the capability to utilize mass transit to the ‘maximum extent feasible.'" Timothy M. Cook, director of the Washington-based National Disability Action Center, who argued the case before the court, said the ruling was "a major, major victory" for the handicapped. But a spokesman for transit agencies said the ruling did not address vexing problems. Albert Engelken, deputy executive director of the American Public Transit Association, said wheelchair lifts receive limited use where they exist and are an added expense to transit agencies at a time when Federal subsidies have been dwindling. Many local transportation officials declined comment on the ruling because they had not seen it. But Peter Dimond a spokesman for Massachusetts Bay Transportation Authority in Boston, said, "we have made a pledge that all buses we purchase in the future will be lift-equipped." It costs $15,000 to equip a bus with a wheelchair lift and buses cost about $200,000, according to Joaquin Bowman, a spokesman for the Southeastern Pennsylvania Transportation Authority.