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- ADAPT (151)
[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. - 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. - 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."