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Avaleht / Albumid / Märksõna DOT regulations 8
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ADAPT (598)
[Headline] Bus-lift rule leaves agencies in bind PHILADELPHIA (AP) — Advocates for the disabled yesterday 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 Washington-based American Public Transit Association. He 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. On Monday a 3rd U.S. Circuit Court of Appeals panel ruled 2-1 that Congress has made its wishes on accessibility clear and that lift-equipped buses are part of that mandate. The court ordered the U.S. Transportation Department to rewrite a regulation allowing communities to offer alternative "paratransit" service, such as van rides, to the disabled. It said the 24-hour reservations that riders need to make for such services hinder spontaneous use of mass transit. . 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 Transportation Department regulations being drafted on light rail and commuter rail systems. “We are quite pleased with this decision and I see it as a springboard for making other transit systems which have buses accessible to the mobility impaired, so they can be mainstreamed into American life and society," Fornari said. Transportation Department spokesman Bob Marx declined comment on the ruling.
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 (297)
THE HANDICAPPED COLORADAN Vol. 9, No. 2, Boulder, Colorado, September 1986 PHOTO: Head and shoulders of a man (Wade Blank) with long straight hair parted in the middle, and wire-rimmed round dark glasses. He is wearing a vest over a button down shirt and undershirt and he is smiling. Caption reads: Wade Blank. Some say he wants another Kent State. Title: Rosa Parks leads Detroit protest march Famous black activist ignores plea from Coleman Young to stay out The faces and forms in the column of marchers behind her were a little different today from those she led 30 years ago, but the woman at the head of the march hasn't changed much. Rosa Parks is 74 now and slowing down a little, but she still radiates the same spirit that helped ignite the black civil rights movement in 1956 when she refused to give up her seat to a white man and move to the back of a Montgomery, Ala., bus. The police put her behind bars that day but within hours a local Baptist minister named Martin Luther King, ]r., orchestrated a bus boycott that was to be the first act of organized protest that would bring an end to segregation in less than 10 years. On Sunday, Oct. 5, 1986, the issue was once again segregation and public buses, but this time there were only a handful of black faces among the marchers who took to the streets of Detroit. Yet it was just as easy today as it was in 1956 to identify what made these protestors different from other people. They were in wheelchairs. Rolling under the banner of the American Disabled for Accessible Public Transit (ADAPT), they had come to Detroit to picket their old nemesis, the American Public Transit Association (APTA), which was holding its annual national convention ln Detroit. APTA represents most of the nation's public transit systems and has steadfastly refused to support—or even to-vote on—a proposal to require transit systems to add wheelchair lifts to buses. The state of Michigan requires that all transit companies receiving state funds be wheelchair accessible, but the city of Detroit has avoided that requirement by refusing to accept any financial assistance. Buses in the largely white suburbs have lifts, but a wheelchair passenger who wants to continue a trip into Detroit is out of luck. Detroit mayor Colernan Young, himself a black who played a prominent role in the civil rights movement in the 1960s, does not support accessibility for disabled persons and was scheduled to address the APTA convention along with Ed Bradley, also a black and a CBS newsman and regular on "60 Minutes.” Both Young and Bradley reportedly pleaded with Parks not to participate in the march on the APTA convention, but after a late night meeting with staff and advisors, Parks said she would not renege on her commitment. As The Handicapped Coloradan " was going to press, it was reported that Young was going to ask the Detroit city council to rescind ADAPT's parade permit. An ADAPT spokesperson said he expected some 150 ADAPT members from across the country to be joined by at least another 100 protestors in making the march on the Westin Hotel Renaissance Center. "l think we're on the brink of breaking this thing wide open,” said Wade Blank of Denver, who helped form ADAPT. Blank said he was hoping Parks‘ participation would help people to understand that disabled people look upon accessibility as a civil right. APTA, on the other hand, says it's a question of practicality and finances and so should be left to the discretion of the local transit provider. Geographical conditions have to be taken into consideration because lifts are difficult to operate in snow and on curved roads; according to Albert Engeiken, APTA's deputy executive director. Blank scoffs at that position and suggests that lift technology has reached a point where they can be operated in all kinds of climatic extremes, if the transit provider is truly committed to accessibliity. Many transit systems did order lift-equipped buses in the late 1970s when the Carter administration's Department of Transportation mandated accessibility. APTA, which acts as a lobbying and policy-making group for some 300 separate transit districts, filed a lawsuit that eventually led to a reversal of that decision. In Denver, the Regional Transportation District (RTD) announced that it was scrapping its plans for providing mainline accessible service on the basis of that ruling and quickly found itself battling wheelchair protestors in the streets. In falling snow and freezing temperatures, protestors blocked buses and chained themselves to railings outside the RTD offices untll the courts interceded. RTD was ordered to provide some accessible service, but the board of directors continued to resist the Idea. However, ln 1983 the appointed RTD board was replaced by an elected body and quickly voted to commit Denver to accessibility. That same year, APTA brought its national convention to Denver. Disabled individuals and groups who had fought for lifts in the streets of Denver united under the ADAPT banner and, with the support of Mayor Federico Pena, threw up pickets around the convention hotel and arranged to present its demand for accessibility to the convention. No vote was taken and the issue was not brought before national conventions held ln Washington, D.C., in 1984 or in Los Angeles in 1985. ln both cities ADAPT members defied police and blocked buses. A handful were arrested in Washington and a couple of dozen in Los Angeles. ADAPT didn't limit itself to picketing just APTA’s national convention but dogged the organization across the country, sending pickets to various regional conventions, including San Antonio and Cincinnati (see related story). Buses were blocked and more demonstrators went to jail. In some cases, confrontations with local police turned ugly. That has led some disabled groups to break away from ADAPT and Blank’s leadership. Denver's Holistic Approaches to Independent Living (HAIL, Inc.) and its executive director Theresa Preda went to Detroit but refused to participate in some of ADAPT’s actions. "They told me they were afraid I wasn't going to be satisfied until there was blood in the street, until someone in a wheelchair got killed,” Blank said. “They told me I was trying for another Kent State." Blank, who founded the Atlantis Community which, like HAIL, fosters independent living, was a campus minister at Kent State University when national guardsmen fired on student demonstrators during a Vietnam war protest. Four students were killed. Blank denied that he had any such intention, but added that ADAPT has no intention of giving up civil disobedience. “It’s the most effective weapon we've got," he said. Blank said, ADAPT would probably stop buses in Detroit. "They just received 100 new buses," he said. "Without lifts, of course." Blank said he would not be surprised if protestors were to be arrested. Ironically, on the eve of the march the Wayne County jail was filled to capacity (1700) and prisoners were being turned away.
ADAPT (172)
Washington Post 10/2/84 PHOTO (Associated Press photo): Up in the air, Mike Auberger, long hair and a beard, in a wheelchair yells in passion from a van lift. Below him the police who are loading him into the van look at each other with a startled expression. Caption reads: Protester in wheelchair is lifted into a van after his arrest at convention center. [Headline] Dole Praises Plan For 39.5-Mile Metro As ‘Positive Step’ By Stephen J. Lynton Washington Post Staff Writer Secretary of Transportation Elizabeth Hanford Dole yesterday praised Metro's new plan for completing 89.5 miles of the proposed rail system, calling it a “highly positive step." Nevertheless, in her first comment on the transit agency's proposal, Dole stopped short of saying whether the Reagan administration would approve the plan. The administration has limited federal construction funds to 76.4 miles of the proposed 101-mile Metro system. The new Metro plan calls for using federal funds previously authorized by Congress to complete 89.5 miles, including a long-delayed Green Line branch connecting Fort Totten with Greenbelt in Prince George's County and a Yellow Line spur to a proposed Van Dorn Street station in Alexandria. Metro officials have said they will eventually seek an additional congressional authorization of more than $1 billion to complete the rest of the planned 101-mile system. Dole cited the new Metro plan in a speech to the American Public Transit Association, which opened its annual meeting at the Convention Center here yesterday. The association, which represents the nation's transit systems, is holding its three-day conference in Washington for the first time in recent years. About 8,000 officials are expected to attend the sessions. Shortly after Dole spoke, 14 handicapped demonstrators, including several in wheelchairs, were arrested outside the Convention Center, according to D.C. police. The protesters were charged with blocking entrances to a public building and disorderly conduct. Since last week, members of a Denver-based group called ADAPT, an acronym for American Disabled for Accessible Public Transit, have staged demonstrations here to demand improved access to buses and trains for handicapped patrons in transit systems throughout the nation. The group contends that all buses should be equipped with special lifts for wheelchairs. ln her speech, Dole expressed "deep concern for the plight of the handicapped" and argued that proposed regulations now under review by federal officials would provide "adequate access" to transit services for disabled riders. The federal proposals are less stringent than those sought by ADAPT, but they appear largely acceptable to the transit association. Several years ago, the association sued federal officials to block stricter requirements. Jack R. Gilstrap, the association's executive vice president, said the new proposals would provide flexibility for local governments. "We support the local option concept," Gilstrap said. Dole described the 89.5-mile Metro plan as evidence that "there can be progress" in state and local efforts to devise new methods to finance transit projects. The Metro plan still must be ratified by county and city governments, in the Washington area. and Dole indicated the administration would withhold a decision on the plan until local governments act. Federal financing of the nation's transit systems is expected to be a focus of debate at the convention. Dole indicated no shift in policies, and she reiterated the administration's reluctance to subsidize operating costs, a controversial issue. "The most crucial issue facing public transit today is funding." Metro General Manager Carmen E. Turner told the conference. Twelve of the handicapped demonstrators were arraigned before a U.S. commissioner and released pending further hearings. Two protesters forfeited collateral of $l0 each. Police said one policeman suffered several broken fingers after being rammed by a protester's wheelchair. Staff writer Alfred E. Lewis contributed to this story.
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[Headline] A Wheelchair Protest Blocks Access to Transit Convention (AP) Photo: A man in an old style motorized wheelchair (Mike Auberger) with long hair sits a half a body length above several people standing on the ground. His mouth is open in a yell and his arms are flung wide. Caption reads: A wheelchair-bound protester is arrested and put aboard a lift-equipped van by Washington DC police. The unidentified man was among some 20 people arrested for blocking entry to the convention center where the American Public Transit Association meeting opened yesterday. Article reads: Public transit officals, opening their annual convention yesterday, were greeted with a wheelchair protests by about 100 disabled demonstrators who demanded that more be done to provide them access to buses, trains, and subways. About 20 people were arrested for breaking police lines after the protesters, linking wheelchairs blocked two entryways to the convention center where the meeting of the American Public Transit Association was under way. Jean Stewart of Poughkeepsie N.Y. who parked her wheelchair with others at the convention door, said they were trying to demonstrate that “disabled people across the country have a civil right to public transportation. As the protesters chanted outside the hall, Transportation Secretary Elizabeth Dole, addressing the transit officials inside said she is confident “we can meet our responsibility toward our disabled citizens” and “provide the mobility they require and deserve.” Last year the Transportation Department begin developing new regulations to allow local authorities to provide alternative transportation such as door-to-door van service- instead of modifying buses or train to accommodate the handicapped.
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Rocky Mountain News Friday, May 7, 1982 All RTD routes to serve disabled By Jerry Brown News-Staff Regional Transportation District officials plan to provide wheelchair-accessible service on all RTD routes beginning next month, fulfilling a commitment made three years ago. “As far as I know, we are the first in the country to get this far,” in providing bus service for the physically handicapped, said district spokeswoman Kathy Joyce. About 150 rides a week currently are taken by handicapped passengers on the 10 routes in Denver, two in Boulder and all routes in Longmont that offer wheelchair-accessible service, Joyce said, with a peak weekly ridership of 270. The expansion of accessible service follows completion of the installation of wheelchair lifts on 186 AM General buses purchased by RTD in 1977 and 1978. RTD purchased 127 new buses from General Motors of Canada, and RTD also has 33 older buses that had been previously equipped with lifts, giving the agency 346 lift-equipped buses out of a total fleet of 671. RTD spent $3,882,222 - or $20,872 per bus - retrofitting the AM General buses, Joyce said. RTD doesn't have cost figures for the lifts on the new buses, which were delivered early last year. The cost of lifts on those buses was included in the $15.5 million purchase price, Joyce said. Beginning June 6, half of all rush-hour buses and all off-peak buses will be wheelchair accessible, RTD Executive Director L.A. Kimball said. Wade Blank, co-director of the Atlantis Community for the handicapped, said his organization is pleased with the proposed new service. RTD also has promised a public relations program to promote the new service, another longtime Atlantis goal, Blank said. Atlantis filed a lawsuit in 1977 and staged a series of demonstrations in 1977, 1978 and 1979 in efforts to force RTD to make its regular routes accessible to the handicapped. In mid-1979, RTD agreed to make all its routes wheelchair accessible after the U.S. Department of Transportation issued national regulations requiring that half of all rush-hour buses be wheelchair-accessible by July 1982. The federal regulations were rescinded last year, but RTD agreed to meet its earlier commitment, anyway. Earlier Atlantis held more demonstrations to protest RTD’s decision not to put wheelchair lifts on 89 new buses scheduled for delivery next year. Atlantis is challenging that decision in Denver District Court. RTD became one of the first transit agencies in the United States to offer wheelchair-accessible service on regular routes last June when it began providing such service on some of its busier routes.
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The Denver Post PHOTO by John Prieto, Denver Post: A woman in a wheelchair (Carolyn Finnell) is surrounded four able-bodied persons. One man is kneeling down in front of her to talk with her. Caption reads: Carolyn Fannell (In wheelchair) discusses the protest with RTD executive director L.A. “Klm" Kimball. Boxed Text: "You were talking about a separate and unequal system." -- Protester Wade Blank Threat of Sit-In Over RTD Lift Plans Dissolves By GEORGE LANE, Denver Post Urban Affairs Writer [This story continues on ADAPT 113, but the entire text has been included here for easier reading.] After tense negotiations, Regional Transportation District officials avoided use of police force Thursday night to break up a threatened all-night wheelchair sit-in at RTD headquarters. The protesters want RTD to reconsider a decision not to put wheelchair lifts on new buses — a decision they say broke an agency promise made to them last year. Three district board members promised about 25 disabled persons they would try to call a special meeting to reconsider the anti-lift action. The sit-in was staged in the fifth-floor executive offices of the RTD at 1325 S. Colorado Blvd. by members of the Atlantis Community for the disabled. The promise, contained in a policy statement adopted by the RTD board a year ago, was that 50 percent of the existing bus fleet of more than 600 vehicles would be retrofitted with wheelchair lifts, and all new buses would be ordered with lifts. When the statement was approved, there was a federal regulation demanding that all federally financed transit agencies make transportation modes accessible to the handicapped, and all new buses purchased had to have the lifts. RTD was one of the only transit agencies in the country to take steps toward complying with the regulation. But the regulation was repealed last July. Thursday afternoon, the RTD board voted to save more than $1 million by canceling the order to have the lifts installed on 89 high-capacity, articulated buses expected to be delivered in 1983. Wade Blank, co-administrator of Atlantis, pointed out to board members before the vote was taken that the day the regulation was rescinded, RTD officials said lifting the regulation would have no effect on the district's commitment to serving disabled persons. “A week ago I came to a meeting, and about 10 minutes to four, it was casually mentioned" there would be no lifts on articulated buses, Blank said. "I was dazed... it took a few days to realize that you were talking about a separate and unequal system." Robert Conrad, also an Atlantis administrator, told RTD board members he feels "betrayed" because he has worked closely with RTD on providing service to the handicapped “and all of a sudden you spring this on us." Board member Flodie Anderson explained to the approximately 75 angry persons attending the meeting that RTD intends to use the articulated buses on express routes and other heavy routes. Under that plan, Anderson said, other buses will be freed that will be lift-equipped and able to provide better service to disabled people than is provided now. Board member Edward Cassinis told the group that buses currently equipped with wheelchair lifts are carrying a maximum of 270 wheelchair passengers per week. RTD's “handiride,“ which provides front-door service to disabled passenger, is handling 831 riders per week. When the vote was taken on the action, the outcome was 12-4 against installation of the lifts. Members of the Atlantis Community and several other disabled organizations then gathered ln hallway outside the first-floor meeting room and decided to “resume civil disobedience." The group of about 25, all from Atlantis, then rode the elevators to the fifth floor of the building and began their sit-in shortly after 4 p.m. Motorized wheelchairs were parked in the doorways of the three elevators to make it impossible for them to be used. Shortly after the beginning of the demonstration, Bob West, RTD’s director called for police assistance and paramedics “because we don’t want anybody to get hurt.” The police, however, didn’t arrive for more than an hour and when they did arrive, the negotiating session that would end the sit-in already was in progress in a fifth-floor conference room. During that session, board members Mary Duty, Kathi Williams and Thomas Bastien agreed to try to get their fellow board members to meet again to possibly reconsider the issue. L.A. “Kim” Kimball, RTD’s executive director and general manager, also agreed not to execute the board action until an effort is made to set up the special board meeting. “But I can’t guarantee they will” Kimball added. “We can guarantee that if they don’t, we’ll file suit for breach of promise,” responded Mary Penland, an Atlantis employee. “And we’ll guarantee those articulated buses won’t roll unless they roll over our bodies.”
ADAPT (94)
Rocky Mountain News Wed., Dec. 9,1981, Denver, Colo. [Headline] Handicapped set back in battle for lifts on buses The Operations Committee of the Regional Transportation District’s board of directors voted 4-0 Tuesday to stick by an earlier proposal that RTD buy 89 articulated buses scheduled for delivery in 1983 without wheelchair lifts. Its action seriously diminishes the chances that the board will reverse its decision of Nov. 19 to delete the lifts from the articulated buses. But RTD Executive Director L.A. Kimball and three board members agreed to ask the board to reconsider the action after members of the Atlantis Community for the disabled staged a sit-in at RTD headquarters on the day of the earlier vote to protest the decision. The board held a three-hour special meeting on Dec. 1 to hear appeals from the handicapped to put wheelchair lifts on the buses. Atlantis spokesman Wade Blank said members of his organization have been discussing the issue with individual board members and plan to meet with Kimball next week. Blank said he expects to fall short of the 11 votes needed for the board to reverse its position when the issue comes up at the board’s regular meeting on Dec. 17. Blank renewed Atlantis’ threat to file a lawsuit challenging the decision not to buy the lifts and said Atlantis will resume demonstrating against RTD. Atlantis filed a lawsuit in federal court and staged a series of demonstrations aimed at RTD a few years ago after RTD bought nearly 200 AM General buses without wheelchair lifts. U.S. District Judge Richard Matsch ruled against Atlantis in that case, but the case was on appeal when Atlantis and RTD in 1979 negotiated a settlement under which RTD agreed to make half of its peak-hour fleet accessible to the handicapped. The settlement was reached after the federal Department of Transportation issued regulations requiring that all new buses bought with federal funds be equipped with wheelchair lifts and that half of all buses used for peak-hour service be accessible to the handicapped. Those regulations were rescinded by the department in July. RTD officials ordered the articulated buses with lifts in March, while the regulations requiring lifts on new buses were still in effect. Buying the buses without lifts will save $1.1 million, 80 percent of RTD’s federal funds, RTD officials said.