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Домашня сторінка / Альбоми / Теґи cost + APTA - American Public Transit Association 25
- ADAPT (319)
The Arizona Republic, Monday April 8, 1987 Title: Handicapped Hold Protest Photo by Pete Peters/Republic: People in wheelchairs in ADAPT T-shirts form a picket line in front of a hotel, the Regency Phoenix. They are holding posters. Behind them, in the shadows of the entrance-way to the hotel people are standing looking on. Caption reads: Members of American Disabled for Accessible Public Transit picket before the Hyatt Regency. The ADAPT demonstrators have targeted a meeting by the American Public Transit Association. Photo top right Photo by Pete Peters/Republic: A woman standing uses a sprayer to cool a woman in a wheelchair holding a large poster. caption reads: Carla Montez squirts Kelli Bates with cool water. They traveled to Phoenix from Denver to participate in an ADAPT protest. subtitle: Disrupt event; ask transit access By Chuck Hawley The Arizona Republic About 100 members of a militant group of wheelchair-bound activists blocked the roads and entrances to Rustler’s Roost on Sunday night in an attempt to stop those attending a steak fry for the American Public Transit Association’s convention. Chanting and carrying place cards members of American Disabled for Accessible Public Transit lined up across the two roads, a stairway leading form a lower parking lot and the doors including the handicapped entrance to the restaurant, which is at the Pointe at South Mountain. Police monitored the protest. The 450 people attending the weeklong convention arrived in six Phoenix buses. Some were forced to scramble up a steep gravel incline and enter through the kitchen. Others walked up the back driveway. “We plan to be here all week and to inconvenience you as much as we can,” called out one protestor, who was blocking the stairs. Earlier in the day, protestor had picketed at the Hyatt Regency, where the conventioneers are staying. The protestors at the restaurant carried placards that said, “Police wagons accessible; buses not,” and chanted, “What do we want? Access. When do we want it? Now.” The group, well-known for militant protests across the country, wants all public transit to be accessible to the wheelchair-bound. “I think they have a just cause, but I think they are carrying it to an extreme,” said Bob Hicken, general manager of the Phoenix Transit System, who walked up the hill from the lower parking lot. “We’d like to serve them all, but we can’t. If there were enough money in the world, we could do everything we wanted to.” - ADAPT (322)
Logo of a sun. The Arizona Republic April 13, 1987, Phoenix, Arizona [This story continues in ADAPT 314 but the entire text is included here for easier reading.] PHOTO by David Petkiewicz/Republic: A large group of people are standing, heading into the Hyatt Regency Hotel. Among those standing some people in wheelchairs are visible, and a reporter is there with a camera. Caption reads: Wheelchair-bound protesters and their supporters gather at the Hyatt Regency in downtown Phoenix. The group converged on the American Public Transit Association's convention at the hotel last week. Title: Driven by anger, disabled man has fought long, hard for access. By CHUCK HAWLEY The Arizona Republic Mike Landwehr pushes his own wheelchair, but it's really anger that drives the wheels. "Every day, my anger is brought forward again when l have to push my wheelchair 10 blocks in my own hometown,“ said Landwehr, a Chicago man who has been arrested a dozen or more times since 1978 while demonstrating for access to public transportation for the disabled. “I'm running out of patience.” Landwehr spent much of last week in Phoenix as a spokesman for American Disabled for Accessible Public Transit. The Denver-based group has a reputation of “getting in the face" of public officials by creating ruckuses at meetings of the American Public Transit Association, a group Landwehr describes as "the enemy." Surrounding hotels, restaurants and buses where transportation officials meet, ADAPT members express demands in rhythmic chants: “What do we want? "Access! “When do we want it? "Now!" It is, the group says, a civil-rights demonstration. Howard Adams is not driven by anger, although he was paralyzed from the neck down in a swimming accident 20 years ago. Adams, a Phoenix councilman, said disability is something he lives with, but he doesn't thrive on it. "I‘m not an expert on it,“ Adams said, “it's not the most important thing in my life." He disagrees with the civil-disobedience tactics used by ADAPT. "I guess I pour my anger into other things," he said. Adams, who served in the Arizona Legislature before his election to the City Council, recently was appointed by President Reagan to the 22-member Architectural and Transportation Compliance Board. The board oversees enforcement of federal regulations governing access for the disabled. It can recommend withholding federal funds from any organization or local government that fails to meet federal requirements for access, Adams said. Although Adams does not use city buses regularly, he said, he has used them and believes Phoenix "is in pretty good shape" with respect to disabled people. The demonstrators, he says, have a beef with the American Public Transportation Association, not with Phoenix. "The goal has always been equal opportunity and to participate in all aspects of life as best as they can," Adams said. "I agree with their goals, but I don't agree with their tactics. "They were not here to point a finger at Phoenix. They were here to protest to a group that provides public transportation to people around the country." Public transportation in Phoenix is inadequate for all people, not just the disabled, Adams said. "If I wanted to go to the council chambers right now, (8:30 p.m.) I couldn't get there on the bus anyway," he said. "If I were in a city with a higher population density, such as Chicago or New York, it would be a different story. I would expect to be able to." Adams said there appear to be "some people who are professionally disabled just like there are people who will always be soldiers in World War II." "We all carry burdens with us, but we have to overcome them," he said. "You can't take away all of the problems everybody has; you just can't. "But, to the extent that society has created barriers, you have to remove them, and I think we are doing it here." Because he uses a lift-equipped van, Adams does not ride Phoenix buses often, but he said he is not unfamiliar with the difficulty of getting from one city to another. In Los Angeles recently, he said, he was told that he could board a plane in a folding wheelchair and that his battery-operated machine would have to be left behind for a later flight in a baggage compartment. "I have trouble with airlines," he said. "They don't care. They just want to get you out of there." When his motorized chair arrived in Phoenix on a later plane, he said, "there was $2,000 in damage to it." Landwehr, 43, was born with spinal bifida, a severe birth defect that now often is correctable. New surgical techniques came too late for him, however. He lost the use of his legs during surgery when he was 12 years old. Landwehr remembers that he once tried to deny his disability, shun his wheelchair and be like everyone else. "I would get myself seated in a restaurant and ask the waitress to take my chair away and fold it up in a corner," he said. "It was a way of being like everyone else. Deep down, disabled people strive to appear not disabled.” It was painful, he said, when his parents had to move from Chicago because he could not attend public high schools there with able-bodied teen-agers. The family moved 60 miles to the suburbs after rejecting the Chicago school system's offer to provide a special bus to pick him up and deliver him to a school for the handicapped, the only school he said school officials would allow him to attend. "Thank God they (his parents) knew I would only learn to live in an institution," he said. In the suburbs, Landwehr said, he struggled to lift himself into a school bus unequipped for handicapped people. Daily, he lifted himself up the school steps as other teen-agers watched. "I know what it is like to be stared at," he said. "It's painful." It also is painful, he said, that Chicago, the nation's third-most-populous city, after New York and Los Angeles, has no city buses with wheelchair lifts for the disabled. Landwehr said that the daily difficulty of overcoming obstacles just to gain access to places others take for granted has hardened his stance for total access. He is militant. Arrests and abuse do not appear to faze him. Embarrassing others and taking the risk of alienating the public also do not seem to faze him. "There is nobody more alienated than people living in little rooms in institutions," Landwehr said. "We want to expose the public to the full range of people who are disabled. "I think our presence here at least gives the public the opportunity to reflect upon their perceptions of disabilities and disabled people. "We hope that a byproduct of our presence will give us some leverage with local politicians." Landwehr, who studied journalism and psychology at the University of Illinois but didn't earn a degree, is unemployed. He once worked with the Disability Rights Defense Fund in Washington, D.C., until federal funding for the group was cut. "We fooled them, though," he said. "Twenty-two of us started collecting Social Security disability checks and just kept on working, doing what we had been doing until the money ran out." Public officials sometimes complain that the cost of total access for the disabled is too great and the need too small. Landwehr says he doesn't believe it. For example, Milwaukee once touted the purchase of lift-equipped buses but operated them randomly on unannounced routes. Photos above: head shots of Howard Adams in white shirt and tie, and Mike Landwher with flannel shirt and mustache. Caption reads: Howard Adams (left) and Mike Landwehr both are disabled, but Adams disagrees with the civil-disobedience tactics used by Landwehr's group. - 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 (344)
Cheyenne Tribune 9/27/87 Title: Disabled to Protest for Public Transit Access SAN FRANCISCO (UPI) - Hundreds of disabled activists say they will demonstrate for more access to public transportation during the American Public Transit Association's four-day meeting, which starts Sunday. Organizers of the protests, aimed at making a point to 4,000 delegates from 400 public transit systems, expected more than 600 handicapped and disabled people from all over the country to participate. Groups including the September Alliance for Accessible Transit have been trying for years to get the APTA, the nation’s public transit lobbying arm, to declare a national policy giving disabled people the same access to buses and trains as able commuters. “If it were women or blacks who couldn't get on the bus, it would clearly be a civil rights issue," said Kitty Cone of the Berkeley, Calif., group. Her organization and Denver-based American Disabled for Accessible Public Transit threaten to block city streets, hotel lobbies and entrances to the Moscone Convention Center to show delegates how it feels to be denied access. Some demonstrators also promised to invade banquets and cocktail parties attended by delegates. “We are not going to allow these people to have a good meal,” said Bill Bolte of the Denver organization. He was arrested earlier this year for a demonstration at a transit meeting in Phoenix. The transit group's policy is that questions of access should be left to local transit districts. “Mainstream access may work well in the Bay Area but don't tell systems in Akron, Ohio, or Buffalo, N.Y., that they have to do the same thing,” said Jack Gilstrap, executive vice president of the association. He said many systems in smaller areas cannot afford to renovate buses and trains or to purchase new vehicles, so have chosen to provide door-to-door van service for the disabled. He also said that protests or no protests, no major policy changes were expected to be adopted during the meeting. Federal regulations approved in 1986 give local agencies the option of using mainstream or so-called paratransit services, such as the door-to-door vans. - ADAPT (350)
San Francisco Bay Guardian 9/23/87 Disabled to march for transit access By: Cheryl Davis When members of the American Public Transit Association gather in San Francisco during the last week of September, they will be met by disabled people from across the country who plan to demonstrate against a national transit policy they say is unfair because it separates them from other transit users. Specifically, disabled activists intend to protest the widespread use of special vans to transport disabled riders door-to-door, a system commonly referred to as “paratransit.” That system, they say, is a form of segregation. In its place, they argue, all buses and trains should be equipped to accommodate people in wheelchairs as part of as overall policy fully integrating the disabled into society. “Full accessibility,” they argue, is a right that should not be denied because of cost. Paratransit is impractical as well as offensive, disabled transit riders say. Burr Overstreet, a Santa Rosa man who uses a wheelchair, called paratransit “a paternalistic system that screws people over, costs a fortune and it’s the first thing cut during economic downturns.” Paratransit users “are made to feel like helpless hospital patients,” Les Treece-Sinclair, a wheelchair user and staff person at the September Alliance for Accessible Transportation, a Northern California coalition, told the Bay Guardian. Most Bay Area transit districts, including the San Francisco Municipal Railway, use a combination of buses with lifts and paratransit vans for disabled and elderly patrons, and California law requires that all new buses be equipped with lifts. Local transit agencies have a good reputation nationally for working closely with disabled and elderly patrons. But, even so, there are problems. “Supposedly we [in Marin] have one of the better systems,” Overstreet said. “The combination of fixed-route and paratransit should in theory be fairly effective, but it’s not. The paratransit only runs Monday through Friday, 9 am to 3 pm. Disabled riders have to reserve in advance and disabled people who work cannot use such a paratransit system either to work or to socialize.” “Paratransit doesn’t come close to meeting the transport need of elderly and handicapped people,” said Treece-Sinclair. “At the moment, on many bus lines only every third or fourth bus will be accessible.” Jose Rodriguez, a public information officer for the Metropolitan Transit Commission, told the Bay Guardian Bay Area transit districts “are working hard to meet a basic level of service but we are aware of the need for improvement. As always, this is contingent on securing needed funds.” The debate between disabled people and much of the public transit industry centers around interpretations of Section 504 of the 1973 Rehabilitation Act, which states that persons with handicaps cannot be discriminated against under any program receiving federal funds. Since mass transit relies heavily on federal funds, Section 504 serves as a rallying point for disabled activists who argue for making all public transit wheelchair-accessible. The U.S. Department of Transportation in 1979 issued regulations that required full wheelchair access on newly ordered buses and called for retrofitting existing buses and modifying portions of existing rail systems to accommodate disabled users. Disable activists applauded the regulations, but APTA lobbied Congress vigorously, claiming the regulations were costly, unworkable and designed to reach only a small percentage of the disabled population. A 1979 Congressional Budget Office report supported APTA’s claims and called instead for paratransit systems. APTA sued to overturn DOT’s regulations and the U.S. Court of Appeals for the District of Columbia ruled in 1981 that the regulations exceeded the scope of the Rehabilitation Act. DOT interim regulations gave local communities the option of determining levels of accessibility and many transit districts opted for paratransit. Paratransit advocates argue that outfitting buses with lifts and other special equipment is too expensive, given the number of disabled riders. Santa Clara County Supervisor Tom Legan, for example, said at a January board meeting, “We’re spending $3.5 million per year [maintaining] lifts for what amounts to 57 boardings per year.” But disabled activists say the official estimates of disabled ridership are too low. Palo Alto resident Brian Bolitho, who uses a wheelchair, told the Bay Guardian his commute to work alone account for more than 200 boardings per year on Santa Clara buses. Dennis Cannon, a transportation, specialist the federal Architectural and Transportation Barriers Compliance Board, told the Bay Guardian, “The actual use of accessible buses could be five times higher, or more, than transit agency estimates. The driver often simply guesses the number of obviously disabled passengers.” Much of the expense of repairing lifts, Cannon added, could be avoided by improved maintenance and better training of bus operators. Some APTA members, Canon said, are reappraising the adequacy of paratransit. James Lee, accessibility coordinator for Alameda County Transit, agreed. “Since 1976, study after study has documented the inadequacy of paratransit. It is not cost-effective, nor is it demand responsive,” he told the Bay Guardian. - ADAPT (375)
San Francisco September 30,1987 S.F. Independent PHOTO (right middle of page) by Rick Gerharter: At least nine wheelchair users (among them, Rick James, Stephanie Thomas, Woody Carlson, Cathy Thomas or Julie Farrar and others) fill the front of the frame blocking a bus with a sign with the APTA logo and Hotels written on it. Most of the blockers are facing toward the bus, away from the camera. Police stand on either side of the bus. Two protesters have Proud and Disabled bumper stickers on the backs of their wheelchairs. Caption: Disabled protesters blocked a SamTrans bus Monday at the American Public Transit Association convention taking place this week at Moscone Center. [Headline] Bitter Protests at Transit Meet By: Carol Farron [This story continues on a second page we do not have at this time.] Disabled people from throughout the United States are angry and have gathered in San Francisco this week to protest the lack of accessibility on public transit systems throughout the nation. The protesters are hoping to force transit officials who are convening at the annual meeting of the American Public Transit Association to change their thinking on transit accessibility for the disabled. APTA, public transit's biggest lobbying group, took the lead in the early 1980s in convincing Congress to overturn federal regulations allowing full transit accessibility for the disabled. What resulted from that decision was a "local option" plan. This allowed individual transit agencies to decide if they would provide accessibility for the disabled on fixed route service or an alternate van/taxi service. Many disabled `groups` are unhappy with that outcome, charging that the local option denies them their civil rights and impedes or prohibits their ability to attend school or hold down jobs because of a lack of transportation. Additionally, many disabled say that paratransit is a paternalistic system that segregates them from society, and users are made to feel helpless. APTA members contend that full accessibility is expensive and unworkable. They say that equipping buses and trains with lifts is too expensive given the number of disabled riders. The disabled, however, say that transit's estimates of disabled riders are low, and accessible transit can work as cities like Seattle, San Francisco and Denver have proven. More than 200 wheelchair bound men and women said last Saturday at a press conference that because the current regulations deny them their civil rights they came prepared to be arrested - and that they were. Thirty-four people, most in wheelchairs, were arrested at a City Hall protest last Sunday, and another 22 were arrested in for blocking a Samtrans bus at Moscone Center on Monday. Many more arrests are expected until the convention's conclusion this Thursday. "This is a militant bunch of protestors," said Jack Gilstrap, executive vice president of APTA. "These people terrified and roughed up some of our members at city hall. "Just because someone is in a wheelchair doesn't mean they're nice." Marilyn Golden of SAAT, the September Alliance for Accessible Transit, said her group is "far from militant." see Rides, page 2 - ADAPT (411)
St. Louis Post Dispatch, May 17, 1998 [Headline] No Arrests As Protest Continues By Victor VoIland and William C. Lhotka Of the Post-Dispatch Staff PHOTO by Jerry Naunheim Jr./Post Dispatch: Three people in wheelchairs sit in a line facing away from the camera and toward a line of men standing and facing those in wheelchairs. Behind the men standing is an ornate stone building. On the back of one of the wheelchairs is a poster that reads "Lifts = Buses For All." caption: Members of American Disabled for Accessible Public Transit facing a line of plainclothes police officers Monday in front of the Omni International Hotel at Union Station. About 50 protesters, half of them in wheelchairs, continued a peaceful demonstration at Union Station on Monday against a public transportation association meeting inside. No one was arrested. Meanwhile, 11 of 41 demonstrators arrested on Sunday filed a $2.5 million suit late Monday against the city and three police officers. The suit accuses officials at the City Workhouse of taking blood from those arrested against their objections. It also charges police with violating the protesters' right of free speech by refusing to allow them to talk to the press while they were in jail. The demonstrators, who belong to a group called American Disabled for Accessible Public Transit (ADAPT), are protesting the policies of the American Public Transit Association, which is holding a regional conference at the Omni Hotel at Union Station. The conference opened Saturday and continues through Wednesday. The ADAPT group wants the association of bus and train operators to adopt a national policy in support of equipping all public buses with wheelchair lifts. It has demonstrated against the association at its meetings for the last several years. Charges against 38 of the 41 arrested were dismissed Monday by Associate Circuit Judge Henry E. Autrey because authorities had failed to get warrants within the 20-hour period following arrest, as required by law. Three protesters were released on their own recognizance and ordered to appear Wednesday in the court of Judge Thomas C. Grady. They are charged in warrants with trespassing and disturbing the peace, both misdemeanors. George Kinsey, commissioner of adult correctional services, said it was standard procedure to take blood and perform tests on all prisoners entering the City Jail or Workhouse to screen for venereal diseases, tuberculosis and other communicable diseases. On Monday morning, remnants of the 150-member ADAPT group wheeled down Market Street from their rooms at the Holiday Inn Downtown to Union Station and the Omni and were met with a phalanx of uniformed and plainclothes police outside the main hotel entrance. Workers erected a makeshift barrier of concrete pylons and orange plastic fencing to separate the police line from the wheelchair protesters who drew up opposite. "I want Mr. Gilstrap to know he's got an angry parent out here and that I want the same human dignity afforded to my daughter that is given to an able-bodied person," one of the protesters, Cynthia Keelan of Phoenix, Ariz., barked through a battery-powered bullhorn. She was pushing her daughter, Jennifer, 7, who is crippled from congenital cerebral palsy. The girl is segregated and treated as a second-class citizen because she must use a wheelchair, her mother charged. Jack R. Gilstrap, executive vice president of the American Public Transit Association, declined to meet Monday with the protesters, who repeatedly chanted his name. Gilstrap told a reporter later that the association supported the idea of accessible public transportation for the elderly and handicapped. Implementing such access is difficult because President Ronald Reagan's administration has slashed the federal transit program by 47 percent since 1981, he said. He added that paratransit vans and buses — so-called dial-a-ride vehicles — are used much more frequently and are more cost efficient than buses equipped with wheelchair lifts. Gilstrap said that the Bi-State bus system in St. Louis offered both the dial-a-ride vans and lift-equipped buses. Tom Sturgess, a Bi-State spokesman, told the protesters that the system would have two-thirds of its buses equipped with lifts by next year. Lonnie Smith of Denver, one of the plaintiffs in the suit, said he was one of the first people to be subjected to a blood test at the city Workhouse after his arrest on Sunday. Showing a reporter the puncture on the inside of his left arm where the needle had been inserted, Smith said he had been told that he had no choice — that he would be held down unless he submitted to the blood test. end of article - ADAPT (448)
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. - 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 (589)
A-12 /The Houston Post/Wednesday, February 15, 1989 NATION & WORLD [Headline] Disabled hail ruling on bus access [Subheading] Court requires transit agencies to install wheelchair lifts ASSOCIATED PRESS PHILADELPHIA — Advocates for the disabled Tuesday hailed a federal court ruling requiring wheelchair lifts on new public buses, but a spokesman for transit agencies said the ruling doesn‘t address vexing problems. “We've been grappling with this for a long time," said Albert Engelken, deputy executive director of the American Public Transit Association in Washington. He said wheelchair lifts receive limited use where they exist and are an added expense to transit agencies at a time when federal subsidies are dwindling. A 3rd U.S. Circuit Court ol Appeals panel ruled 2-1 Monday that Congress has made its wishes on accessibility clear, and lift-equipped buses are part ol that mandate. The court ordered the Department of Transportation to rewrite a regulation allowing communities to offer alternative paratransit service, such as van rides. James D. Fornari, a New York City attorney for a group of veterans with spinal cord injuries, said the ruling will force transit systems to look for the most efficient means of serving disabled people. He said the ruling also could influence DOT regulations on light rail and commuter rail systems. Transportation department spokesman Bob Marx said DOT attorneys had not seen the decision and would not comment. Officials of Houston's Metropolitan Transit Authority also had not seen the decision, but MTA spokeswoman Carol Boudreaux said the authority would comply with any new regulations. Representatives of the disabled community in Houston lauded the ruling. “The disabled community is excited and we hope Alan Kiepper, manager of Houston Metro, hears this message from the courts and the disabled community. Access is a civil right," said Vicki Harris, executive director of the Center for Independent Living. Currently, Metro's MetroLift program provides scheduled curb-to-curb transportation for mentally or physically disabled persons who are unable to ride regular buses. Bob Kafka, an American Disabled for Accessible Public Transportation representative who joined Harris at a news conference, said he believed the cost of retrofitting buses with wheelchair lifts would be too costly, but said he hoped the ruling would force Metro to buy new buses with lifts. "Disabled people are part of this community, and they should have access to mainline transit," he said. Engelken said his association's board, which comprises the heads of transit agencies across the nation, believes agencies should be able to decide on a local basis how best to serve disabled people. lt costs $15,000 to equip a bus with a wheelchair lift, and buses cost about $200,000, said Joaquin Bowman, a spokesman for the Southeastern Pennsylvania Transportation Authority.