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San Francisco Chronicle WEDNESDAY, SEPTEMBER 30, 1987 This story continues in ADAPT 365 and ADAPT 360 but the entire text is included here for easier reading. Title: Chains Halt the Cable Cars Photo by Jerry Telfer/The Chronicle: Two people in wheelchairs block a cable car. One sits in a manual chair with his back to the camera and another sits sideways to the camera (Mike Auberger) in front of the Cable Car door. They are chained with a long chain to the cable car. From inside, a man (Frank Lozano) stands in the stairwell talking with them. Caption reads: Handicapped demonstrators chained themselves to cable cars yesterday at San Francisco's Powell Street turntable, halting the system for more than two hours. Police arrested 75 people. The protesters have lobbied the American Public Transit Association convention at Moscone Center for improved access to transportation for the disabled. Story on Page A2 Title: Disabled protesters block cable cars; police arrest 78 By John D. O’Connor, of the examiner staff Chanting “We will ride!,” 78 disabled protesters used their wheelchairs and their bodies to block the Powell Street cable car line for more than two hours Tuesday before police moved in to arrest them. Urged on by at least 100 supporters who ringed the cable car turnaround at Powell and Market streets and cheered like fans at a boxing match, some of the demonstrators chained themselves to the cow guards of the little cars as bemused tourists looked on. Forty-three of the protesters wound up spending the night in the not-yet-opened $1 million-plus gymnasium on the seventh floor of the Hall of Justice, Sheriff Mike Hennessey said. “There’s nothing but generally pleasant feelings among them,” Hennessey said after inspecting the facilities for the wheelchair-bound demonstrators, who had refused to sign citations issued by the police. Hollyann Fuller Boies, an organizer with the September Alliance For Accessible Transit, said the group selected the cable cars as the focus of their protest because they symbolized the general inaccessibility of all public transit vehicles. "This is a problem that needs attention now,” Boies said. “It’s not just the cable cars, it’s almost every form of public transportation, and nothing is being done to remedy the situation.” But MUNI spokesman Tom Rockert said the protesters’ wrath was misdirected. “A cable car is just the very last thing we could modify to accommodate a handicapped person,” he said. “It has no power. We’d need an awful lot of batteries to power a lift of the type they’d need. Besides, we’re committed to making our rubber-wheeled fleet more accessible to the handicapped.” Rickert said MUNI’s Elderly & Handicapped Advisory Committee, which is made up of elderly and handicapped people, decided “that cable cars could not be modified to be accessible and that from a technical point of view such a proposal is not feasible, practical or safe.” Boies said the people arrested were willing to stay in jail to draw attention to their cause rather than sign the citations offered by the police. By 5 p.m., most of those arrested appeared ready to do just that. Lt. John Gleeson of the police Tactical Detail said 48 of the 78 arrested had refused to sign and were preparing for a night in jail. Henessey said 43 were housed in the new gym. He said the rest were let go for a future court date because they had no prior arrests in the three days of demonstrations. Hennessey said he and his staff, knowing about the demonstrations in advance, had planned for the protesters to be housed in the gym by borrowing cots from San Francisco and Laguna Honda hospitals and other city-operated medical facilities. “Actually, we anticipated 75 to 80 persons,” Hennessey said. Outside the Hall of Justice on Bryant Street, 75 wheelchair-bound sympathizers held a candlelight vigil Tuesday night and chanted, “Let our people go.” The protesters, who also staged noisy demonstrations outside a convention of American Public Transit Association members at Moscone Center Monday and on the steps of City Hall Sunday night, said that they hope their actions will force APTA to adopt a national policy regarding handicapped access to public transit. Photo by Examiner/Katy Raddatz: A little girl in a wheelchair (Jennifer Keelan) leans forward resting her head on a heavy rope barrier. Behind her, holding a push handle of her chair, a woman (Cyndy Keelan) in an ADAPT no steps/we will ride T-shirt stands among a crowd. All are watching something beyond the camera. Caption reads: Cynthia Keelan and daughter, Jennifer, of Tempe Ariz. From behind cable car rope, they watch protest of disabled.
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Title: WHEELCHAIR TRANSIT BUSTED English Cultural Tabloid, Oct 7, 1988, p. 8 by KRISTIAN GRAVENOR Montreal's handicapped community is hoping that getting arrested will succeed where letters and phone calls have failed to improve its transit service. About 50 activists were arrested after blocked traffic along Rene Levesque, disrupting the Queen Elizabeth Hotel conference, and demonstrating at the Sheraton hotel, where members of the American Public Transit Association (APTA) were staying for an annual convention from October 1-5. The local disabled population teamed up with the American Disabled for Accessible Public Transit (ADAPT) in protesting against APTA policy. ADAPT has organized civil disobedience at all APTA conferences for the last five years, with last year's convention in San Francisco resulting in over 70 arrests , while a regional conference in St. Louis led to the arrest of over 40 activists. Stephanie Thomas of ADAPT says that the enmity towards the transit group dates to the late '70s when the U.S. government passed a law which decreed that all new public transit vehicles must be accessible to the handicapped, but APTA lobbying had the law overturned. Thomas, who has been active in each of the protests against APTA, refuted the organization's claim that making transit accessible is expensive and impractical: "A lift on a bus only increases its cost by about 10 per cent, which would be made up as it eases the cost on the separate transportation system for the disabled." Montreal's transit authority (MUCTC) is a member of APTA and has failed to make new buses or subway stations accessible to the disabled: A separate service for the disabled has existed since 1980. This system, according to Francois Gagnon of the Quebec Movement of Handicapped Consumers, is deteriorating. "The Quebec government has ordered that the separate service maximize its use," he says, "and since then, one complaint I received was from a man who gets picked up for work at 7 AM and is delivered to his job at 9:45 AM." Gagnon, whose organization encouraged the disabled community to take part in the protests against APTA, argues that economics and demographics prove that now is the time to make the system accessible. "By the year 2000, 25 per cent of Quebecers will be senior citizens, many of whom will be handicapped, and the longer it is delayed, the more expensive the transition will become." For many disabled, the real issue is the right to enjoy transit facilities made for the rest of society. The protests are an attempt to end the separate transit systems. Stephanie Thomas stresses that ADAPT is not demanding that existing vehicles be modified, only that new equipment should be accessible to the disabled. Thomas is encouraged by the results of the protests. 'We have been active lobbying, and nothing was ever done. But since we started protesting, it has become a major issue. Slowly, cities such as Phoenix, Atlanta, Dallas, Syracuse, and Chicago are changing to accessible transit." Montreal may yet be able to join that list. The End
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The Gazette, Montreal, Saturday, October 1, 1988MUC [Montreal Urban Community] police officers practice the proper way to arrest a handicapped person. Title: Police on guard as disabled plan protest at transit meet By LYNN MOORE of The Gazette Montreal Urban Community police are bracing for trouble from a militant group of disabled Americans with a beef against the American Public Transit Association. The association is holding its convention in Montreal, and about 150 members of the American Disabled for Accessible Public Transit (ADAPT) and 20 handicapped Canadians will engage in "confrontational" lobbying at the convention site and elsewhere in the city. The group wants mechanical lifts on all buses in the U.S. It claims between 300 and 500 members. [Subheading] Meet starts tomorrow The Montreal Urban Community Transit Corp., a founding member of the transit association, is host of the four-day meet. It starts tomorrow at the Queen Elizabeth Hotel and is expected to draw about 3,000 people. MUC police are taking the protesters seriously, after speaking with U.S. police and watching videos of demonstrations in the U.S. The MUC department says the protesters — many of whom will be in wheelchairs — are capable of creating traffic chaos, halting buses and closing bridges. While the disabled group won't reveal its targets, a spokesman told The Gazette that its members will chain themselves and their wheelchairs to buses and buildings. "We are not violent. We are confrontational and aggressive," Stephanie Thomas said. She and her husband have come from Austin, Tex., to protest. ADAPT has hounded transit association conventions for five years. Thomas says she has been arrested at least 10 times but has never spent more than two days in jail. "I personally would rather not go around making enemies in every town," she said. "I would just like to ride the public transit." Some Montrealers who had planned to protest with ADAPT have backed out after a newspaper reported that many of its members were Vietnam veterans and violence was expected, said Francois Gagnon, vice-president of the Movement of Handicapped Consumers of Quebec. But Thomas said her husband will be the only Vietnam vet involved in the Montreal protests. To deal with the anticipated protests, about 100 MUC police officers have been put through a day-long training session, division director Marcel Auger told a news conference yesterday. Part of the session was conducted by two handicapped Montrealers: Restraining straps instead of handcuffs will be used on demonstrators who are arrested. Medical staff will examine protesters, Auger said. Municipal court and Quebec Court judges will be available around the clock to avoid keeping the protesters in custody. ADAPT members usually plead guilty to charges, however, and opt for jail terms rather than pay fines. Space in the two city jails has been set aside for the protesters. [Subheading] Service inadequate Local disabled groups aren't happy with MUCTC services; Gagnon called the MUCTC's door-to-door minibus operation, coupled with a small taxi service, simply inadequate. He was particularly incensed over the MUCTC's refusal to provide the elderly and handicapped with easy access to the new Metro stations that opened last winter. The Regroupement des Usagers du Transport Adapte is "not at all pleased" with the level of service provided to the disabled by the MUCTC but will not protest with ADAPT, spokesman Yvon Desgro-seilliers said. Disabled find city an obstacle course. The End 
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San Francisco Chronicle 9/28/87 S.F Protest For Disabled Turns Violent By Evelynn C. White A peaceful demonstration for the rights of the disabled to use public transit turned violent last night when 23 people were arrested, one of them on charges of assaulting a police officer. Following a rally at Union Square, 500 demonstrators converged on City Hall, where members of the American Public Transportation Association were holding a dinner meeting. Police said the melee broke out when demonstrators tried to block members from entering in the meeting. San Francisco police officer Michael Travis, 40, who was thrown down the City Halls steps in the scuffle, was treated for a possible concussion and released. Arrested in the assaulted was Alan Shipley, 40, of San Francisco, who police said is not disabled. Shipley was booked at city jail on charges of assaulted and battery on an officer and resisting arrest. The other 22 demonstrators, 19 of them wheelchair-bound were cited for failure to disperse, blocking a sidewalk and resisting arrest. They were released. Earlier in the day, 250 demonstrators at Union Square, 80 percent in wheelchairs, made a plea for better access to public transit. “In most cities, a person who is disabled can’t go to work, can’t go to school, can’t function,” said Laverne Chase, a wheelchair-bound resident of Washington, D.C. “I am here because I believe that disabled people should have equal access to everything that the mind can imagine, starting with public transportation.” The protest, sponsored by the September Alliance for Accessible Transit, was held in opposition to the APTA, which is convening in the city through the week. In the early 1980s, APTA fought to rescind federal regulations that would have required wheelchair lifts in all newly purchased transit buses and handicapped accessibility to all new rail systems. The organization instead lobbied for a “local option” alternative that allows individual transit systems to determine the best way to serve the handicapped. On Wednesday, the association plans to hold a session concerning the needs of the disabled. "We don't feel it's appropriate to leave it up to local operators,“said Berkeley resident Shelley Bergum. “There should be federal legislation that prohibits discrimination just like there is for housing and employment.“ In Anchorage, where 33-year—old Duane French lives, the “local option" has meant no public transportation at all for the disabled. “I’m one of the lucky ones because I have a van,” said French. “But other wheelchair-bound people have to impose on friends and family plan weeks in advance to get where they need to go. They should be able to go down to a corner and get on a bus, to live their lives spontaneously.”
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San Francisco Chronicle 9/26/87 Title: 4,000 Transit Officials To Add to S.F.'s Traffic By Harre W. Demoro The executives of North America's 400 transit systems are gathering in San Francisco, worried that their industry is declining and bracing for handicapped people to disrupt their meetings. The handicapped are demanding that all transit vehicles, including San Francisco's historic 37 cable cars, be accessible to wheelchairs, a demand that transit officials say is too costly. The centerpiece of the transit gathering will be a huge trade show, which opens Monday and is expected to draw 15,000 people to Moscone Center. Its 450 exhibits of the latest bus and rail car technology from 15 countries include a gleaming new BART car that is two years behind schedule and has yet to carry a paying passenger. About 4,000 delegates have signed up for three days of technical and professional meetings at the Hilton Hotel, said Jack R. Gilstrap, executive vice president of the American Public Transit Association. Times have changed since Washington-based APTA met here 11 years ago. Then, the Bay Area was a transit showcase and federal officials were promising billions of dollars for a nationwide bus and subway renaissance. Although the San Francisco Municipal Railway has prospered since 1976, the Bay Area's other big transit systems have not done well. After 15 years, the much-heralded $1.8 billion BART system still is plagued by technical and financial problems and has been deserted by 10 percent of its riders in the last two years. BART's general manager, Keith Bernard, has taken a medical leave to escape the pressures running the controversial agency. AC Transit and Golden Gate Transit, two bus systems that were showcases 11 years ago, also have lost riders and are grappling with draconian financial problems. Moreover, the federal government is threatening to cut transit assistance and Reagan administration leaders now point to costly systems like BART as examples of how not to solve traffic congestion problems. Gilstrap, formerly general manager of the huge Los Angeles bus system, said yesterday in San Francisco that he is optimistic that - the next federal administration, no matter what its party affiliation, will be pro-transit. "The nation's crumbling infrastructure must be addressed after the election," he said. The militant handicapped people will demonstrate at Union Square at 1:30 p.m. Sunday, and also picket meetings, banquets and cocktail parties, said Bill Bolte of ADAPT, American Disabled for Accessible Handicapped [sic]. "We are not going to allow these people to have a good meal," said Bolte, who was arrested earlier this year at a demonstration at a transit meeting in Phoenix. Gilstrap said APTA supports federal edicts calling for some vehicles and stations to be accessible`to wheelchairs and for alternative forms of transportation, such as special vans for handicapped people he said.
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May 22, 1986 - Cheyenne Wyoming State Tribune—27 [Headline] Handicapped Protesters Arrested CINCINNATI (UPI) — A group of handicapped protesters charged with disorderly conduct and criminal trespass refused to post bond and spent the night in the Hamilton County Justice Center. The demonstrators, protesting the lack of access to public transportation for the disabled, were arrested Wednesday for blocking entrances to the Westin Hotel and the building housing offices of the city's bus system. The Westin was singled out because the American Public Transportation Association was holding a regional conference there this week. Barricades had been erected to keep the protesters from entering the hotel. Several of those arrested were released on unsecured appearance bonds for medical reasons. The first defendant's trial was scheduled for next Wednesday. “If the Cincinnati transit system, police and judicial system deny access to disabled people, why can't the disabled block the access to the system,” said Michael Auberger of Denver before his arrest. “We just want to be treated like everyone else.” Auberger was among those who spent the night in jail. About 40 wheelchair-bound members of American Disabled for Accessible Public Transportation, based in Denver, participated in the demonstration. Fourteen were arrested and charged with disorderly conduct. Robert Kafka of Austin, Texas, George Cooper of Dallas and Auberger, all of whom had been arrested earlier in the week, were charged with criminal trespassing for blocking the entrance to the building where Queen City Metro's offices are located. The three men, confined to wheelchairs, had been arrested Monday for refusing to get off a bus they had paid to board. A Hamilton County Judge had ordered them to leave Cincinnati until their trial, but another judge rescinded the order Wednesday morning. Auberger, Cooper and Kafka attempted to speak to Queen City officials but were not permitted to enter their offices. When they returned to the ground floor, they chained their wheelchairs together to block the entrance. One worker was forced to use an alternative route to return to her office. "We asked one lady to wait a few minutes," Auberger said. “The disabled are told to wait a lifetime.” The Rev. Wade Blank, director of ADAPT, said some staff members would remain in Cincinnati and that local clergy would be asked to monitor and support those arrested.
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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.
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Two different articles included here Wednesday, April 12, 1989 Las Vegas Review Journal p7B [Headline] Handicapped protesters refuse food in Sparks Associated Press: SPARKS — Handicapped demonstrators who have been jailed as a result of their picketing outside a gathering of public transportation officials are now refusing to eat, Washoe County Sheriff Vince Swinney said Tuesday. Swinney said 30 people serving three-day sentences are only drinking water but won't take any meals. About 75 members of a national group calling itself The American Disabled for Accessible Public Transit have been demonstrating outside the Sparks Nugget, where the American Public Transit Association is holding its regional meeting. The protesters contend the transit association is not doing enough to make it easier for people in wheelchairs to gain access to public transportation. Swinney said he realizes the handicapped face a number of barriers, but called the demands the demonstrators are putting on the sheriffs office, on police and on the courts an “inappropriate use of the criminal justice system to educate the public to what is a public problem." He said he doesn't know how much the overtime and extra staffing is going to cost Sparks and the county. Swinney and the jail were to have been the target of a Tuesday news conference called by protest organizer Mike Auberger of Denver, who earlier said the jailed demonstrators had not received proper medical treatment. But Auberger said most of the problems at the jail were worked out in a two-hour conference with officials. Swinney said the jail has brought in an extra doctor with expertise in helping handicapped patients and has called for additional nurses who can work with the handicapped. Meanwhile, Swinney said the inmates' hunger strike is causing him concern over one of the prisoners, a woman with a history of seizures brought on by a chemical imbalance when she doesn't eat. The sheriff said most of the protesters are serving their three days in regular cells or the infirmary because the jail has only two cells for the handicapped. Forty-nine people were arrested Sunday and while most were not fined or jailed, they were told not to get arrested again. Those who were among the 25 arrested on Monday received sentences and fines of $265 to $315 in exchange for their guilty pleas. end of article 1 Reno Gazette-Journal Thursday, April 13, 1989 [Headline] Most handicapped protesters decide to remain in jail By Susan Voyles/Gazette-Journal Sparks Municipal Judge Don Gladstone late Wednesday offered to release 30 jailed handicapped protesters if they pay $100 of their fins and promise to pay the rest later. Two accepted the offer, but Mike Auberger, leader of the American Disabled for Accessible Public Transit (ADAPT), said he doubts many other members of his group will. The prisoners are entering their third day of a hunger strike in the Washoe County jail today in protest of sentences by Gladstone they claim are too harsh. The 30 protesters were arrested in demonstrations held on Sunday and Monday against the American Public Transit Association, which ended its western regional meeting at John Ascuaga‘s Nugget on Wednesday. ADAPT is picketing the transit group because many of its members operate public bus systems that do not have lifts for wheelchairs. Of the 30, 27 pleaded guilty or no contest to charges of obstructing sidewalks and fire entrances. Most of them were sentenced to three days in jail, which would end today or tomorrow, and given $580 in fines. Gladstone said he will allow them to pay $100 in fines each if they promise to pay the rest later in installments or do community service work in their home towns. Auberger said his group has only $500 to pay the $3,200 in fines needed to release the group. Those arrested would have to sit in jail for another 23 days in order to pay off their fines, which are reduced at a rate of $25 a day. "But I wouldn't be surprised if they say they'll serve the days rather than give them any money," Auberger said. Auberger and others said Sparks is the only city where the handicapped demonstrators have been jailed for such offenses as obstructing sidewalks. Pat Gilbert, a Reno attorney, was to meet with the 30 protesters Wednesday night to see what they want to do. Gladstone was prepared to hold hearings in the jail to begin releasing them. Two people already have been released for medical reasons after receiving treatment at local hospitals, and one woman, still in jail, is having up to 80 seizures a day, Auberger said. Washoe County Sheriff Vince Swinney declined to comment on the condition of the prisoners Wednesday, saying it only provides more fuel for the media to publicize their plight. However, several officers said the jail now has two doctors and ll nurses on duty, two more than were on Tuesday and nine more than the number of nurses usually assigned to the jail. In an initial court hearing, Gladstone lectured the demonstrators, saying their mass arrests have “tarnished” their cause. “I think you need new leadership" he said. After the hearing Wednesday, Auberger and a band of about 20 demonstrators peacefully protested in front of the Nugget, making a final stand against the transit association. Auberger said most of those who aren't in jail will be leaving town today, although a few will stay to help those in jail. Sparks police say it will take at least a week and half to determine the overtime and other expenses incurred because of the demonstrators. Jerry Peltier, a transit association board member from Richland, Wash., said the protest had no impact on the 500 member group. Parley Johnson, spokesman for the Nugget, said the demonstration cost the Nugget extra money for security guards. He also said business at the Nugget slowed the last few days.
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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.