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+ APTA suit + Dennis Cannon 2
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 (208)
The San Diego Union March 2, 1986, page A3 The West [section of newspaper] Drawing of Mr Louv's head: White, youngish, short dark hair parted on side and glasses. [Headline] Transportation news for handicapped ‘a nightmare’ By Richard Louv The WHEELCHAIRS are rolling. On Jan. 16, in Dallas, handicapped demonstrators decrying "taxation without transportation," chained themselves to public buses, forcing traffic detours for nearly six hours. In downtown Los Angeles, last Oct 7, more than 200 people in wheelchairs rolled down the middle of Wilshire Boulevard to protest the policies of the American Public Transit Association. In San Antonio last April, 60 handicapped people staged a four-hour protest at the city's public transit offices, causing 90 nervous bus company employees to lock themselves in their offices for an hour until the transit association agreed to meet the demonstrators. And on Feb. 13, Houston police arrested eight demonstrators in wheelchairs and carted them off to jail in lift-equipped police vans. Their sentencing is tomorrow. and a representative of the Denver-based American Disabled for Accessible Public Transit told me that if the protesters “spend weeks in jail, it will be like when Martin Luther King went to jail in Birmingham. People will realize we're not just out playing in the street" What's going on here? The disabled~rights movement isn't new, of course. It began in Berkeley in the late 60s, and ultimately resulted in a government shift from segregating handicapped people to "mainstreaming" them into the rest of society. According to Cyndi Jones, publisher of San Diego-based Mainstream, a national magazine for the “able-disabled," some of the first generation leaders "got co-opted by government jobs, and frustration for the rest of us has been growing." A raft of laws were passed during the 1970s, but the laws. says Jones. still haven't been fully implemented. “The Rehabilitation Act promised disabled people equal access to public transportation facilities and education and employment. In education. the news has been good, but transportation is a nightmare." IN 1981, CONTENDING THAT putting lifts on buses was an unrealistic expense, the American Public Transit Association sued the federal government and won. Most cities stopped deploying the mechanical lifts that enable people using wheelchairs, walkers and crutches to board buses. The favored transportation method, at least among municipal officials, became small, subsidized "dial-a-ride" vans. "That's like putting us back in segregated schools," says Jones. The disability groups have a number of other complaints, some of them affecting many more people — lack of housing, attended care, airplane facilities. But what it has come down to is the symbol of lifts. While some disabled people are satisfied with the dial-a-ride approach, Jones says "taking a van service can cost you $60 to get to work and back. You have to call and reserve a ride — sometimes days in advance, and these services can't always guarantee a specific arrival time or even take you home. As a result, a lot of us can't afford to work, or we just stay home." California still requires lifts on all new buses, but Jones contends that the transit companies can develop some creative delaying tactics. Roger Snoble, the San Diego Transit Corp.'s general manager, agrees with her. "Some cities," he says, "don't care whether the lifts work once they put them on. They just let them go, and then say the lifts don't work." Jones, by the way, gives relatively high marks to San Diego's bus system; not so to the trolley. which she calls “miserable for handicapped people." As she sees it, a new generation of leaders in the disabled~rights movement is just now coming of age. They have some powerful opponents —— with some powerful statistics. Jim Mills, chairman of the Metropolitan Transit Development Board, has pointed out that in Los Angeles the average cost per ride of the various dial-a-ride systems “is $6.22, while the costs associated with a one-way trip on a bus for a person in a wheelchair is $300." And in a recent interview, Colorado Gov. Richard Lamm told me, "I think it is a myopic use of capital to try to put a lift on every bus in America. It costs the St. Louis bus system $700 per ride to maintain lifts." But Roger Snoble says it costs San Diego far less — $166 per ride (as of a year ago, "the last time we checked, and we expect the cost to continue to decline because of dramatically improving technology." And when I mentioned Lamm's figures to Dennis Cannon, the chief federal watchdog for the Architectural and Transportation Barriers Transit Compliance Board, he said, “Lamm's figures are at least six or seven years old, and wrong. These same figures get used a lot by lift opponents, but they're based on one of the very first generations of lifts, which were poorly administered and poorly installed by St. Louis during one the worst winters in Missouri history." He points out that Seattle, with one of the best bus systems in the nation, has managed to get the per-ride costs down to $5 or $10, depending on the amount of ridership. And Denver has decreased its lift failures from 25 a day to five within the last year. WITH ADVANCES LIKE this, combined with the increasing demands from disabled groups, a number of cities have decided that the lifts make economic sense — maybe not in this decade, but soon. "What's about to hit is a wave of people who expect to have equal access, the children of the mainstreaming movement," says Jones. During the past decade, government and society encouraged disabled people to work independently, and now that generation will be at bus stops and trolley stations all over the country, waiting to go to work. With them will be aging baby boomers, a giant crop of potentially disabled seniors. "Only one~third of the disabled population is employed. but two-thirds of disabled people are not receiving any kind of benefits," says Andrea Farbman, a spokeswoman for the National Council on the Handicapped. “Still. we're spending huge amounts of money keeping people unemployed — $60 billion dollars a year, but only $2 billion going to rehabilitation and special education." One rough estimate, says Farbman, is that 200,000 handicapped people would enter the work force if the travel barriers were eliminated. adding as much as $1 billion in annual earnings to the economy. The tragedy is this: While politicians wrangle over the costs of bus lifts, nobody has studied how much money could be saved in government benefits, and how much could be gained through taxes and added national productivity if more handicapped Americans were employed.