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ADAPT (596)
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."
ADAPT (184)
San Antonio Express News, 4/22/85 Photo by Express News: A woman stands (Doris Rae?) behind an older man in who is seated (Frank McColm). Both are yelling, their faces full of passion. caption reads: wheelchair protesters [Headline] Disabled blast transportation, Protest inaccessibility by Gary Martin, Express-News Staff Writer About 50 disabled rights activists from across the nation rolled through downtown San Antonio streets in wheelchairs Sunday, protesting inaccessible public transportation for the handicapped. The group of protesters, American Disabled for Accessible Public Transportation (ADAPT), headed the march into the lobby of the Hyatt Regency Hotel where the American Public Transportation Association (APTA) is holding a five-day conference. Chanting “We will ride" and “Access now," the group presented a resolution to APTA officials, asking for support of federal regulations that would force local communities to install wheelchair lifts in all public transportation vehicles. Jean Stewart, spokeswoman for ADAPT, said the group wants 100 percent accessibility to all public transportation nationwide and accused APTA of segregating disabled riders by not supporting federal regulation of the industry. “To us there is no difference between riding a different bus and riding in the back of a bus if you’re black,” said Stewart, a resident of Poughkeepsie, N.Y. A San Antonio marcher, Rachel Rodriguez of 7180 Oaklawn Drive, said she was forced to ride VIAtrans vans in San Antonio because buses were not accessible for handicapped patrons. “You feel like your rights are violated,” she said. “lt‘s not a matter of riding in the back of the bus, it's a matter of not riding at all.” The group met wit APTA officials only after refusing to leave the Hyatt registration desk. Defending current policies of APTA, Vice President Jack Gilstrap said each community should have the opportunity to design its own system for its own particular needs. "There is no place for federal regulations,” he said. Gilstrap also accused the ADAPT group of trying to take away “this wonderful system" that has increased its service to disabled riders by l0 times over the past few years. Hecklers attacked Gilstrap and the VIA Metropolitan Transit System saying the convention site, San Antonio, had the worst accessible public transportation system in Texas. Although no VIA officials attended the rally, General Manager Wayne Cook said the local system contains 20 vans that carry 9,000 disabled riders each month. Cook said VIA purchased the vans instead of placing lifts in its buses after a committee representing the disabled requested the special access vans. At a cost of $1.2 million, Cook said the local system will spend four times more for disabled riders than the federal government requires. “We are very dedicated to serving the handicapped in San Antonio," he said.
ADAPT (186)
San Antonio Light, Monday April 22, 1985 METRO Section PHOTO by Jim Blaylock, San Antonio Light: ET, Earnest Taylor, holds his long lanky self in a wheelie on his manual wheelchair down on street level while other folks in wheelchairs and a couple of touristy looking walking people go by on the sidewalk by the edge of the hotel A woman in a motorized wheelchair up ahead has a sign on the back of her chair. Behind ET on the sidewalk, George Roberts?, rolls his motorized chair forward; he is wearing a cowboy hat and has a camera on a tripod attached to the front of his wheelchair. Caption reads: EQUALITY IS THE ISSUE: Members of the American Disabled for Accessible Public Transportation temporarily blocked the lobby of the Hyatt Regency Hotel yesterday afternoon to protest the lack of transportation access to the handicapped. [Headline] Protesters on Wheels Want Access By Laura Fiorentino [This article continues in ADAPT 185 but the entire story has been included here for ease of reading.] About 75 placard-carrying people in wheelchairs rolled through downtown streets, then stormed the lobby of a hotel, to protest the lack of transportation access to the handicapped. More than 30 San Antonio police officers were called in to keep the peace as the protesters, who belong to the American Disabled for Accessible Public Transportation (ADAPT), temporarily blocked the Hyatt Regency Hotel lobby yesterday afternoon. The demonstrators – many who had traveled from as far as Denver and El Paso – came to San Antonio yesterday to emphasize the need for wheelchair accessibility to conventioneers attending the American Public Transit Association’s weeklong meeting at the hotel. The group assembled at the Alamo, then moved to the Hyatt, which they circled four times before entering the lobby. “We’re talking about equality.” Mike Auberger of Denver, an ADAPT spokesman, said. “For so long blacks were separated, and that’s what we see happening here. The cost of these lifts isn’t what we’re talking about. It’s integrating everyone into the system.” In addition to the protesting transportation group, ADAPT also condemned the lack of wheelchair lifts VIA Metropolitan Transit buses and trolleys. Auberger said there are about 12,000 people in the San Antonio are confined to wheelchairs. He said only a small number of those are served by special buses provided for the handicapped every day. He said seven of the protesters outside the hostel yesterday were from San Antonio. But VIA General Manager Wayne Cook said local handicapped population does not want wheelchair lifts and instead prefers door-to-door service provided by special buses. “They (wheelchair lifts) are not an option,” Cook said at the hotel. “The local handicapped population does not want it. They want door-to-door service. We spent $1.2 million on the handicapped this year. They told us they don’t want lifts - they want special VIA trans buses instead.” Cook said each wheelchair costs about $15,000 and extra funds would be necessary to train a staff to maintain them. “What’s the point in having the ability to vote if you can’t participate?” Auberger said. “How can you give handicapped individuals jobs if they can’t get to work? Association officials at the hotel said that while they understood the protesters’ desire they agree with allowing each city to decide whether to install the lifts. “I sympathize with their desires and I wish I had the resources to make them (buses and trolleys) more accessible,” said association spokesman Jack Gilstrap, who met with the protesters before they disbanded. “The ironic aspect to all this in that we are on the same side. We want the best for the handicapped. We feel the courts’ decision that each city should decide how it should be handled is correct. They (the protesters) believe that ought to be dictated by Washington,” Gilstrap said.