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Home / Albums / Keywords court ruling
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[Headline] Wheelchair lifts required on all new transit buses Denver Post Staff and Wire Reports PHILADELPHIA -- Advocates for the disabled Tuesday hailed a federal court ruling requiring wheelchair lifts on new public buses, but a spokesman for transit agencies said the ruling doesn't address vexing problems. "We've been grappling with this for a long time" said Albert Engelken, deputy executive director of the 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 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. The ruling apparently will have no impact on the Regional Transportation District in Denver, which already has a handicapped accessibility policy that mirrors requirements outlined by the appellate court, an RTD official said. RTD spokeswoman Diana Yee said 80 percent of the system’s 750-bus fleet is wheelchair lift-equipped. Additional service is supplied by a 16-vehicle paratransit program called Handi-Ride that uses vans and small buses to respond to individual transportation requests. RTD also is requiring private operators; soon to takeover 20 percent of the system’s routes, to use buses equipped with wheelchair lifts. James Fornari, a New York City attorney for a group of veterans with spinal-cord injuries, said the court ruling will force transit systems to look for the most efficient means of serving disabled people. “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. Engelken said his association’s board, which comprises the heads of transit agencies. across the nation, believes agencies should be able to decide on a local basis how best to serve disabled people.
ADAPT (93)
THE DENVER POST Thurs., July 6, 1978 p 24 [Headline] Having ‘Made Public Aware,' Disabled End Bus Barricade By FRED GILLIES, Denver Post Staff Writer and COKE DeBRUIN More than 30 severely disabled persons, most of them in wheelchairs, ended their 24-hour barricade of two Regional Transportation District buses in downtown Denver Thursday morning. The barricade was lifted by the disabled and their leaders at 9 a.m. Thursday. The demonstrators, still in high spirits after a night in the open near the buses, left the site in five specially equipped Handy-Ride buses that RTD sent to the scene. THE BARRICADE “served its purpose" in making the public aware that the handicapped aren't being adequately served by Denver’s public transportation system, said Wade Blank, co-director of the Atlantis Community for the handicapped in Denver. All but a few of the demonstrators are from Atlantis. At a press conference just before the barricade was lifted, Blank vowed that the disabled's civil disobedience action will be continued, but on a smaller scale, at various locations in Denver. The disabled will attempt to board other RTD buses and a demonstration probably will be staged at RTD's executive offices, Blank said. The barricade of the two RTD buses Wednesday near the intersection of East Colfax Avenue and Lincoln Street created a major traffic jam and caused police to reroute traffic away from the blocklong demonstration site. Traffic was back to normal at 9:30 a.m. Thursday. ALL DURING the demonstration, some of the disabled remained close to the buses. The number of handicapped persons guarding the immobilized buses thinned Wednesday night and early Thursday as many of the disabled slept in a nearby park area. Blank said Thursday that he and the disabled were"‘concerned" about the “paternalistic” attitude of Denver police called to the scene of the bus barricade. Police “gave the disabled special treatment when we broke the law, and they didn’t arrest us," Blank said. THE DISABLED want to he treated like everyone else, and were fully prepared to be arrested for their actions, said Blank who has no disability himself. Three persons, including two Atlantis attendants and the director of a Lakewood home for disabled children, were arrested Wednesday morning after they refused to comply with a police order to move out of the street. However, police records show that only two of those persons were booked and then released on bond. NONE OF THE handicapped demonstrators was arrested during the demonstration. But a police spokesman said Thursday morning that arrests of the disabled would become a very real possibility if the demonstration had continued into the day Thursday. While the demonstration generally was successful, it failed to inform the public that the federal govemment has made a commitment to pay 80 percent of the cost of all transportation for the disabled in the City and County of Denver, Blank said. “All RTD has to do is to ask for that money," Blank maintained. In a continuing effort, Blank said, Atlantis officials will be, contacting Colorado’s congressional delegation seeking their follow-through on the issue of transportation for the disabled. The demonstration apparently was "sparked by a ruling last Friday by U.S. District Judge Richard Matsch in federal court in Denver. In that ruling, Matsch rejected charges that the Regional Transportation District's failure to provide special access for handicapped persons on its buses constituted an unconstitutional infringement on those persons’ liberty to travel. THAT SUIT WAS the culmination of nearly five years of effort in trying to work with RTD in updating and equipping its fleet to accommodate the disabled, Blank said. “We thought the best way to change the system was to go through the courts, but that failed,” Blank said Wednesday night. "Now, where do we get the power to change RTD?" John Simpson, director of the RTD, spent four hours Wednesday talking with members of the handicapped group, attempting to persuade them to end their barricade of the buses and discuss the situation through existing channels. “We volunteered to meet with them there or at any other time,” Simpson said. “We have met with them many times in the past," he added. THE COURT DECISION, Simpson said, indicates “what we are doing isn't a violation of their constitutional rights. Our Handy-Ride service is one of the best in the nation. But they say they won‘t go away until every RTD bus has a chair lift on it." In a discussion with one of the demonstrators Wednesday, Simpson said that since 1975, RTD has operated 12 buses specially equipped to serve the handicapped. Eighteen similarly equipped buses are being readied for service “in the near future," Simpson said. And 10 other buses will be provided with equipment to serve the handicapped, hopefully by September, he added. But the coalition of the handicapped maintained RTD's Handy-Ride—a system equipped with wheelchair lifts and stairs-is “foul joke" inasmuch - as it serves only “a handful" of the 1,000 disabled persons on the waiting list. SIMPSON RESPONDED by maintaining there are 700 disabled persons on that waiting list, and many of those have indicated they need only occasional Handy-Ride service. RTD‘s last order for 231 buses, Sim said, specified that the vehicles have wide doors to accommodate the handicapped “when and if it becomes financially and economically feasible." Eighteen of the 231 buses will have wheelchair tie-down devices, and those buses [will] be placed in regular service whenever we're sure they‘re safe,” Simpson said. One of the demonstrators. Kerry Sc[_?__] 25, of Denver, said, “We're paying to support these buses. I have my rights. There's (handicapped) people tied up in homes. They can't get nowhere—shopping, to the movies or sports. In [lndia]neapolis, they have buses for the handicapped and they're running really g[ood.] I don't see why Denver doesn't have the same thing.” GLENN COPP, co director of the Atlantis Community, maintained that RTD Handy-Ride buses pick up the handicapped “only at a certain time and [bring] them only to a certain destination. Using private Ambocab service, [the] disabled must pay $17 for a round trip in the Denver area, Copp said. Blank, who is co-executive director the Atlantis Community for the handicapped, said it was the group's intention to have one of its members arrested to set a precedent. “But even if we busted, I don‘t know where we'd be Blank said. Police records show that one non-handicapped sympathizer, Lisa Wheeler, [of] Corona St., was booked then released on bond early Wednesday morning. She was arrested for failure to obey a police order to move out of the street. The demonstration took RTD office by surprise, and Jerry Richmond, “ma[nager] of communications, said the company hadn't been informed of the protest.