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The Cincinnati Post Saturday, June 21, 1986 125 East Court ST, Cincinnati, OH 45202 513-352-2000 Editor Paul F. Knue Managing Editor J. Stephen Fagan Editorial Page Editor Claudia Winkler Associate Editor James L Adams Editorials Title: Transit for the disabled The recent tactics of the handicapped militants who attempted to block traffic, obstruct entry to the Westin Hotel and stop buses by grabbing onto the wheel wells to protest the lack of wheelchair lifts on public buses detracted from the legitimate claims of the disabled for better transit service in Cincinnati. The fact is bus service for the handicapped here is inadequate. On that score, Queen City Metro management and the handicapped agree. Both sides also agree that dwindling public transit funds compound the problem. It is a problem, however, that Queen City Metro needs to resolve. Service for the disabled should be improved and expanded. Metro officials sat down four years ago with the Specialized Transportation Advisory Committee, representing the handicapped, and worked out a five-year plan to develop service for the disabled. The plan called for providing curb-to-curb service with a fleet of vans called Access. But a shortfall in public funds prevented that plan from being fully implemented. As a result, the committee is charging Metro with failing to keep its promise. On the surface, the Access service is impressive. The 15 vans operate six days a week and make as many as 400 trips a day, carrying 105,000 passengers annually for 60 cents a ride. But the demand is so great that handicapped persons often have to wait as much as a week or longer to get a van to carry them to the dentist or grocery store. Understandably, frustration is mounting. Now the disabled are lobbying for dual service—Access vans and expensive lift-equipped buses on the regular routes. The handicapped contend they have as much right to ride the bus as able-bodied citizens. But Tony Kouneski, Metro president, still believes he can get more for the money—serve more disabled people—by expanding Access. Kouneski’s argument is hard to refute. Experience in some other cities bears him out. In Los Angeles, 1800 buses equipped with lifts are transporting all of 40 wheelchair users a day. But the issue has now become philosophical as well as financial, and Queen City Metro officials must take care to remain responsive. The leaders of the handicapped in Cincinnati are to be commended for their refusal to participate in the demonstrations staged by the Denver-based group. Metro management, by demonstrating its good faith, should make sure that the handicapped never regret their choice.
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Atlanta Journal Constitution Disabled end protest siege at Morehouse By Ben Smith III, Staff writer (This story continues on ADAPT 630 but the entire text is included here for ease of reading.) PHOTO (by Dianne Laakso/Staff): A medium close up of a glass doorway framed in metal. Slightly opened you can see through the opening and the glass a woman (Julie Nolan) in a manual wheelchair seated and blocking the door. She is looking out a far away look in her eye and one arm rests on the inside push handle of the door, while her other strong hand is spread on her leg. She is wearing a teal T-shit and jeans. The writing in her T-shirt is partially obscured by folds and by the door frame but you can make out what appears to be "EQUAL ACCESS NOW" and around these words what appears to be a circle saying "Cape Organization for [Rights of the Disabled]. Disabled activists ended their occupation of a Morehouse College administration building today, leaving with what they said was a statement from the college saying it sympathized with the group’s concerns. About 50 members of ADAPT, or American Disabled for Attendant Programs Today, left the building carrying a statement written on Morehouse President Leroy Keith's stationery. But the statement was not signed or read by any college official, and college officials refused to comment or come out of the building. Meanwhile, another group of disabled activists continued their protest against the nursing home industry and the federal government’s policies on the disabled by barricading the Georgia Health Care Association’s (GHCA) office in Decatur. More than 75 protesters in wheelchairs blocked the entrances and driveways of the GHCA’s headquarters on Memorial Drive early this afternoon, trapping six people in the office. The protesters delivered their demands to GHCA executive vice president Fred Watson, who refused to honor them. The protesters were demanding that Mr. Watson fax a list of their demands to the American Health Care Association, with which the Georgia organization is affiliated. The demands included redirection of federal and state money away from nursing homes to home care. Mr. Watson said, “I’ll send a letter, but not right now.” DeKalb County police who arrived at the scene said they have no plans to arrest the demonstrators. “That’s the last thing we want to do," said Lt. J.W. Austin. “We’re stuck between a rock and a hard place." The disabled activists had occupied the Morehouse College administration building for a day and a half. About 200 demonstrators had taken over Gloster Hall on the Morehouse campus in southwest Atlanta and barricaded the president's office Monday. David Veatch, 24, a Utica, N.Y., member of ADAPT, said, “We are going to let them know that the nursing home lobby needs to reform. We're talking to our captors about our rights.” Earlier, ADAPT members said they wanted Dr. Keith to write a letter to Health and Human Services Secretary Louis Sullivan, asking him to support the organization's position and meet with group members sometime in the near future. But Dr. Keith said he would not write or sign such a letter. “We have no business intervening in this situation where we have no authority," he said. ADAPT wants the federal government to redirect 25 percent of the Medicaid budget from nursing homes to home care. Mr. Veatch estimated the total federal budget for the disabled at more than $17.5 billion. Protesters argue that shifting federal funds to home care for the disabled is more humane and more cost-efficient. Michael Auberger, an ADAPT co-founder, estimated that 250,000 disabled people are being held in nursing homes against their will.” He said that redirecting funds to home care could aid an additional 150,000 disabled people. Mr. Veatch said it costs $30,000 a year to house a disabled person in a nursing home and only $6,000 to $8,000 to care for them at home. “But handicapped continue to be housed in nursing homes," Mr. Veatch said, because we don’t have to deal with the fact that we don’t have accessible communities or accessible buses if we lock them up.” “The ghetto in Soweto is no different than a nursing home,” Mr. Auberger said. You’re locked in there. You don’t have the freedom to leave. You don’t have a choice of what you eat, what time you go to bed or what time you get up. Your freedoms are so restricted that you’re better off being in the Fulton County Jail.” Group members were angry at Dr. Sullivan for not responding to their invitation to meet with them although he spoke at an AIDS symposium in Atlanta last week. “Morehouse Medical College invited him to speak. He came. This group invited him to speak on an issue as serious as AIDS. He chose to ignore the issue," Mr. Auberger said. The protesters said they chose to come to Georgia, in part, because the state is one of the worst at caring for the disabled. Mark Johnson of Alpharetta a spokesman for the Georgia branch of ADAPT, said the state offers no state-funded care for disabled people outside of nursing homes and no matching supplements for federal disability benefits. Most states offer such assistance, Mr. Johnson added. Protesters also complained that residential care facilities can be opened in Georgia with nothing more than a a business license. Staff writer Lyle Harris and The Associated Press contributed to this report. PHOTO, by Johnny Crawford/Staff: A line of people in wheelchairs and dark ADAPT "no steps" T-Shirts head toward the camera, traveling along the side of a road. Beside them are parked cars and onlookers. In the front is Lee Jackson in a white ADAPT sweatshirt; he is being pushed by Babs Johnson. Behind them is Mike Auberger, with his leg extended out in front of him. Behind him is Clayton Jones, and next is Frank McComb being pushed by Lori Eastwood, and behind them faces become blurrier, but you can see Arthur Campbell. Caption reads: More than 150 advocates for the handicapped move down Westview Drive at Morehouse College. At the front of the line is Lee Jackson.
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Reno Gazette-Journal 5-2-89 Nevada [Headline] Handicapped protest expenses: $116,000 Last month's disturbances by handicapped activists at John Ascuaga’s Nugget and other locations in Sparks cost taxpayers at least $116,000, according to preliminary figures reported Monday. The estimates are from the Sparks Police Department, the Washoe County Sheriff's Office and Sparks - Municipal Court. About 75 members of the American Disabled for Accessible Public Transportation demonstrated outside the Nugget, where the American Public Transit Association was holding its Western regional meeting. The members of the Denver, Colo.-based group picketed to support their demands for more wheelchair ramps on public transportation. There were 72 arrest during nearly a week of protests. About half that number went to jail. Sparks police estimated their expenses in controlling the group at $79,275. The sheriff's Department, which runs the consolidated city-county jail, placed its costs at $34,164. Municipal Court Judge Donald Gladstone expects his costs will run about $3,000. Sparks City Manager Pat Thompson says the expenses can be paid out of contingency funds.
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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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Page 8-A EXPRESS-NEWS, San Antonio, Texas, Tuesday, February 14, 1939 [Headline] Federal court order could have impact on VIA budget Complied from Staff and Wire Reports INSERTED QUOTE: “ The impact of the majority‘s decision will be very substantial throughout the country and will interfere with the local decision-making authority. I feel the court is overreaching." - Judge Morton Greenberg PHILADELPHIA — A court order Monday requiring the US Department of Transportation to require transit authorities to equip new buses with wheelchair lifts could have a significant impact on the budget of San Antonio's VIA Metropolitan Transit. Attorneys who brought the lawsuit that led to the ruling called it the most important decision ever handed down for handicapped people needing public transportation. Carol Ketcherside, assistant for governmental affairs to VIA manager Wayne Cook, said the wheelchair lifts add at least $15,000 to the cost of a new bus. The average life-time of a VIA bus is 12 years, she said, and when the expense is spread across a fleet of 500 buses, the cost for lifts "would be significant." The $15,000 cost does not include the cost for maintaining the lifts or for refitting bus stops to make them accessible, she said. All bus stops being built by VIA currently are accessible, however. The 3rd U.S. Circuit Court of Appeals said Monday a Transportation Department regulation requiring all new buses to accommodate wheelchairs conflicts with another allowing communities to offer only an alternative service, such as special vans to the handicapped, which VIA offers. The court said a rule requiring reservations 24 hours in advance for use of the alternative transportation hinders the spontaneous use of mass transit by the handicapped. As a result, the court ordered transit authorities to make "reasonable accommodations to their programs, i.e. purchase wheelchair-accessible buses." The court also upheld a controversial decision requiring the Transportation Department to eliminate a cap on the amount of money transit authorities need to spend on making transportation accessible. A federal judge ordered VIA in 1985 to upgrade its services for the handicapped following a class action suit brought in 1983. The bus company's response was to create VIAtrans, a fleet of specially equipped vans that provide service to the handicapped who give advance notice. Ketcherside also said VIA already spends more than the 3 percent maximum the Transportation Department can require for its accessibility programs. "We far exceed the requirements of the federal government" she said. She said VIA will have to wait to see whether the Transportation Department will appeal the ruling or issue new regulations in accordance with the appeals court order to determine how it will affect the transit company. A coalition of disabled people and 12 organizations called Americans Disabled for Accessible Public Transportation (ADAPT) filed the lawsuit last year that led to the appeals court decision. ADAPT contended that a provision of the federal regulations allowed authorities receiving federal transportation funds to exclude the handicapped from "effective and meaningful" access. The provision allows transit authorities to decide among three types of handicapped-accessible transportation: accessible buses, vans for the handicapped, or combination of the two. U.S. District Judge Marvin Katz overturned the provision in cases where the transit authority buys any buses. He also overturned a regulation requiring authorities to spend no more than 3 percent -- of their average annual operating budget on transportation for the handicapped. Katz called the limit arbitrary and said it allowed transit agencies "to eviscerate the civil right" to transit service that Congress mandated for the handicapped. Circuit Judge Carol Las Mansmann in writing the 2-1 opinion also cited Congress' intent. "Congress wanted to provide the disabled with the capability to utilize mass transit to the 'maximum extent feasible.' The DOT has failed to show that requiring the future purchase of accessible buses oversteps this legislative intent." Mansmann wrote. In a dissenting opinion, Judge Morton Greenberg said the section requiring new buses to be accessible was not meant to apply to transit systems choosing paratransit system, such as special vans. He also [said] the 3 percent cap was not arbitrary. “ The impact of the majority‘s decision will be very substantial throughout the country and will interfere with the local decision-making authority," Greenberg wrote, "I feel the court is overreaching." Timothy Gold [Cook] who argued the case before the court, said the ruling was “a major, major victory for the handicapped community ... we can't say enough positve things about it." Gold [Cook], who is now director of the Washington-based National Disability Action Center, said he hoped the ruling would not be appealed in light of President Bush's recent comments about wanting to bring the handicapped into the mainstream."
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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.