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ADAPT (403)
The Riverfront Times, ST. LOUIS' LARGEST WEEKLY: 211,962 READERS EVERY WEEK! MAY 18-24, 1988 [This article continues in ADAPT 398, but the entire text is included here for easier reading] PHOTO: Three plain clothes policemen try to hold back a man in a motorized wheelchair (Ken Heard). One is behind Ken, one beside him holding the armrest and the third is in front bending forward trying to manipulate the driving mechanism that is on the footrest of Ken's wheelchair. (Ken drove his chair with his foot.) Ken is in shorts and an ADAPT shirt and wears a pony tail and head band, and he is leaning forward concentrating on trying to control his chair. A uniformed policeman looks on from behind or is possibly looking to help. On the right side of the photo, another man in a scooter (Tommy Malone from KY) is watching. Behind him is a set of glass doors and blocking one is a woman in a wheelchair (Barbara Guthrie of Colorado Springs). She is wearing dark glasses and a brimmed hat as well as her ADAPT shirt. title: Picket To Ride, Why the disabled take to the streets to get down the road by Joseph Schuster For most who want to take the bus, the biggest problem is finding exact change to drop into the fare box. But for disabled persons dependent on wheelchairs, the fare box is more a slot machine: Their chance of getting on a bus is frequently as unlikely as hitting the jackpot. The problem is an acute shortage of buses equipped with wheelchair lifts to get disabled passengers into the bus. In St. Louis, less than one-fourth of the 690 buses operated by Bi-State Development Agency are equipped with lifts; only half of those available lifts function. The story is the same in almost every city across the United States, and now disabled rights activists are pointing to the lack of accessible transportation as the most significant problem facing the disabled today. "In the past (disabled groups) placed education and employment programs high as a priority," says Mike Auberger, a leader and founder of American Disabled for Accessible Public Transit (ADAPT). "But we've always seen that as the biggest joke: 'Hire the handicapped.' You can give me a job, one that pays a good salary, but if I can't drive (because of a disability) and can't take a bus, there's no way in heaven you can hire me. It's been, 'Here, let's put this piece of the pie out here for you but not give you a way to reach it. The unemployment rate among disabled Americans is appallingly high. The most recent figures available for St. Louis are from the 1980 census, says Russ Signorino spokesman for the Missouri Division of Employment Security. [at this point in the article the first column is cut off on the left, slightly] According to that census, there were 119.000 [disa]bled St. Louisans. but only 48,000 were in [the] work force. says Signorino. Of the 71,000 of the labor force. 59.000 did not work [bec]ause their disability prevented them from [emp]loyment. The balance of 12,000 disabled [unclear]ons were so-called "discouraged workers." [Indi]viduals who had stopped looking for work [beca]use of various factors. ‘You're going to find a higher percentage of [disc]ouraged workers among the disabled (than [amo]ng the general population)." Signorino [said]. Nationally, less than one-third of the country's 13 million disabled are in the labor force, according to the Statistical Abstract of the United States 1986, the most recent edition to {unclear] information on the employment status of disabled Americans. Of those who are in the work force, almost {unclear]-fifth are unemployed. ("Discouraged" workers are not included in the work force; those who are unemployed. but looking for work. are.) This is compared, in the same year, with the able-bodied population of the country, which nearly 70 percent of 133 million persons were in the workforce and 9.6 percent of those were unemployed. The problem of lack of access to public transit brought Auberger and more than 100 other members of ADAPT to St. Louis this week to demonstrate at the annual meeting of Eastern region of the American Public Transit Authority [sic] (APTA), the industry's [principal] trade organization. ADAPT wants the transit industry to move toward what ADAPT calls "100 percent accessibility." That is every bus in the country would have wheelchair lifts. But APTA opposes that saying it is impractical and too expensive. It favors, instead, what is known as "local option." Each transit authority would decide how it would make public transportation accessible for the disabled, using either buses equipped with lifts, paratransit vans with lifts (the so-called dial-a-ride services, or a combination of the two. Right now, 18 percent of the nation's systems use lift-equipped buses exclusively, 44 percent use paratransit vans and the remainder — including St. Louis — use a combination. Nationally, according to APTA Deputy Executive Director Albert Engelken, one in three buses is lift-equipped. That is progress, Engelken says. In 1980, only about 11 percent of the nation's buses were lift-equipped. But for ADAPT and others in the disabled community, the progress is too slow. “I'm damned impatient," says Jim Tuscher, vice-president of programs for Paraquad, a St. Louis non-profit agency that serves disabled people. "I personally have been involved with Bi-State for well over 10 years, negotiating, trying to get an accessible transit system and today we still do not have an adequate system. Sure, their attitude is better now than it was 10 years ago, in that they are willing to cooperate with the disabled community. They had to be dragged, kicking and screaming into this. But I‘m a results person and so far I haven't seen any. I still can't go out to the corner and take a bus." Currently, 171 (24.8 percent) of Bi-State's 690 buses are equipped with wheelchair lifts. Tom Sturgess, the company's director of communication, says the system has a goal of 100 percent wheelchair accessibility, but getting there is a slow process. Later this summer, the number of lift-equipped buses will be increased to 238, but that will still mean that only one in three Bi-State buses can be used by a disabled person. Sturgess says Bi-State has notified its manufacturer that it will be buying another 60 lift-equipped buses sometime in the near future. Of the company's present 171 wheelchair lifts, only 85 (or just less than half) function. “We've had a lot of problems with them." says Sturgess. “The new buses we're getting will have a different kind of lift in them, one we think will work. Of those we have, we're in the process of repairing as many as we can, but some will never operate again. We're convinced it wouldn't be economically feasible to do so. The biggest problem is the salt they spread on the streets and highways. It sprays up into the lift mechanism, corrodes the wires and rusts the lifts.“ Because there are so few lift-equipped buses at present, only 16 to 18 of Bi-State's 129 routes have accessible buses, says Todd Plesko, Bi-State's director of service planning and scheduling. But not every bus that travels those routes has a lift. For example, on Bi
ADAPT (305)
The Disability Rag, SEPTEMBER/OCTOBER, 1987 p. 10 part 2 of article that starts in ADAPT 306 is included her in ADAPT 305 but that text is included with ADAPT 306 for easier reading. This is the second article: Title: End of September will see ADAPT in S.F. Denver. Then Washington, D.C. Then Los Angeles. Then Detroit. For the past four years, members of American Disabled for Accessible Public Transit have held demonstrations during the American Public Transit Association’s annual convention, trying to get the lobbying and trade association for the public transit industry to change its mind about lifts on buses. APTA refuses to back mandatory requirements that public bus systems be accessible — instead, they promote a concept called “local option." Under “local option,” something ADAPT organizer Wade Blank has compared to “states’ rights” back in slavery days, communities should decide whether equipping a bus system's fleet with lifts is “better" for disabled people than a separate, “paratransit” system of mini-buses (often called "dial-a-ride.”) Since APTA has refused to change its position, ADAPT has continued to harass the group. Each year ADAPT’s ranks have grown. The first year ADAPT picketed APTA’s convention, in Denver, ADAPT was a local, Denver-based group of wheelchair riders. Today, there are ADAPT chapters in most major American cities. Local disability `groups` in the San Francisco Bay area are organizing for this year's convention and expect hundreds of disabled people from across the country for events beginning September 28. ADAPT’s San Francisco headquarters will be The San Franciscan Hotel, at 1231 Market Street (94103; 415-626-8000.) For more information on housing and actions for the week, contact either ADAPT in Denver at 303-393-0630, or San Francisco's September Alliance for Accessible Transit at 415-323-3736.
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The Cincinnati Enquirer Wednesday, May 21, 1, '86 p14—A Title: The handicapped Bus service that can meet special needs is the answer The handicapped demonstrators who are demanding greater access to transportation systems could find that, even if they succeed, they may not like what they get. About '75 members of American Disabled for Accessible Public Transit (ADAPT) have been in Cincinnati for the regional meeting of the American Public Transit Association (APTA). Their purpose has been to protest what they see as a violation of their civil rights. They want to be able to use all modes of public transportation as others do. ADAPT is focusing on bus systems, asking that all buses — on a progressive basis -- be provided with lifts for the handicapped. That might be a valid answer, if the money were available, but the experience of states such as California and Michigan shows that the handicapped prefer a more personalized service, such as the Access shuttles that Metro provides. Both California and Michigan have state laws requiring fully accessible systems, but the use of regular buses is negligible. Most of the handicapped prefer the “Dial-a-Ride” services that supplement the regular system. That service seems the best way. With Cincinnati's hilly terrain for example, how would the handicapped reach the bus stops? How far would they have to go to reach a "regular" bus stop? How far must they travel when they get off? What happens in chilly, stormy or snowy weather? From the bus service's standpoint, how do buses keep schedules? How many areas on a bus would have to be cleared for handicapped equipment? What would be the costs? How would those costs be met? APTA officials say their policy is to recommend that local services do what is best, considering their terrain, climate, resources and needs -— always in consultation with the community served. Metro’s Access has had its troubles meeting the needs of the handicapped. Last year, the demand was so great that the handicapped had to wait for as long as a week before they could schedule a ride. Although the problem has been helped somewhat, Metro’s officials frankly agree that it is not ideal. Improvement is needed. The handicapped must have freedom of movement. The question is, what is best for them and what is possible? The problem won't be easily solved. More bus service is needed in many areas of Greater Cincinnati, and with the cut in federal funds, money will be hard to come by. But Cincinnati's coalition of the handicapped has found negotiation preferable to confrontation. Although the coalition is upset about the limitations of Access, it still sees co-operative decisions as the wisest course. And it is. Together with Metro, they must find a practical answer to their needs.
ADAPT (217)
Mainstream magazine, no date listed, p.9. Attachment IV [Story continues in ADAPT 211 and then ADAPT 210 but is included here in its entirety for easier reading. Story seems to be cut off at the end.] Photo bottom half of page: Image of people marching down the center of the street, some carrying signs, one with the ADAPT logo and another saying, “APTA OPPRESSES." Line snakes back out of sight alongside traffic in the back. Wheelchairs are lined up smartly presenting an impressive image. [Headline] ADAPT PUBLIC TRANSIT OR ELSE by Mike Ervin One of the largest civil rights marches in history by people with disabilities was held Sunday, October 7, 1985 in downtown Los Angeles to protest the American Public Transit Association (APTA)'s policy of local option transit for disabled. In response to an “invitation” by American Disabled for Accessible Public Transit (ADAPT) to join in picketing the annual APTA convention, national leaders of the Disability Rights Movement converged at MacArthur Park to roll the 1.7 miles to the convention site at the Bonaventure Hotel. Bill Bolte of the California Association of the Physically Handicapped (CAPH) took a head count of the line of people in wheelchairs rolling single file down the middle of Wilshire Boulevard and announced that there was 215 present. The L.A. Police Department had refused to issue a parade permit to the group and had said it would not allow the long planned parade to be held on the street, but when 200 plus wheelchair users took to the pavement (no curb cuts) all the police could do was route traffic around the procession. It was an impressive sight; more than twice the number of people ADAPT had turned out for previous demonstrations at the annual conventions of APTA. As the line of people stretched more than a block in front of the posh Bonaventure Hotel where APTA was staying, the L.A. Police waited; there wasn’t much they could do except establish their presence. The protesters marched into the hotel lobby taking up most of the available space. Chants of “We will ride!" Filled the atrium below as bewildered hotel guests wondered what all this could possibly be about. The Hotel Security immediately blocked the one wheelchair accessible elevator to the main lobby. This escalated (so to speak) the confrontation, as demonstrators got out of their wheelchairs to block the escalators, saying “if you block our access, then we will block the escalators. No one will be able to use them." Meanwhile the police discussed the strategy of arresting certain people first whom they had identified as leaders. Photo: A man, Bob Kafka, sitting awkwardly, almost falling out of his manual wheelchair, apparently handcuffed behind his back. His legs are falling under the chair, and he is surrounded by four or more police officers. Article continues: Eight people, one woman and seven men, were arrested and booked without charges. The police told the media that the charge was “refusing to leave the scene of a riot.” The woman arrestee was released Sunday night, five of the men were released the following afternoon, and the last two men were released Tuesday morning after 53 disabled individuals held an all night vigil outside the county jail. On Tuesday morning, the American Civil Liberties Union (ACLU), represented by Lou Nau, the chairman of the Disability Rights Committee of the ACLU, outlined the treatment that the arrestees faced. Four of the men were handcuffed behind their backs and left to sit in the police vehicles for up to five hours. Mike Auburger, a quadriplegic, was not allowed to use the bathroom for eight hours, causing hyperreflexia. Individuals on sustaining medication repeatedly asked for their medication, but never received it. Nau said to permit no bail for misdemeanor offenses is clearly against the law. Although APTA tried to discredit the protestors as a “small militant group of outsiders," they represented a wide spectrum of the Disability Rights Movement including Robert Funk, Executive Director of the Disability Rights and Education Defense Fund; Michael Winter, Director of the Center for Independent Living, Berkeley, CA; Judy Heumann, of the World Institute on Disability; Joe Zenzola, President, California Association of the Physically Handicapped; Peg Nosek, of Independent Living Research Utilization Project, Houston, TX; Catherine Johns, President of The Association on Handicapped Student Service Programs in Post-Secondary Education; John Chapples, Department of Rehabilitation, Boston, MA; Mark Johnson, Department of Rehabilitation, Denver, CO; Marco Bristo, Director, Access Living, Chicago, IL; Harlan Hahn, Professor, University of Southern California; and Don Galloway, D.C. Center for Independent Living. The following days saw many more protests in the Los Angeles area. On Wednesday, about 50 individuals arrived at the office of Larry Jackson, Director of the Long Beach Transit Authority, who is the incoming President of APTA. After being denied a meeting with him, they went out into the streets. The police gave them l0 minutes to disburse or be arrested. When no one moved, the police proceeded to arrest the protestors and take them to jail in 6 dial-a-ride vans. These individuals were booked and then released, as it was not possible for the Long Beach Police Department to accommodate so many disabled people. The passers-by had many different reactions to what they were experiencing; some were mad at being detained, some joined in. One man gave protestors a banner which read “help” and proceeded to distribute little American.... [rest of the article is not available.] Three photos. Photo 1: At the bottom of an escalator a mass of people in wheelchairs gathered together, Julie Farrar in the center, holding a picket sign: “APTA DESTROYED 504”. Photo 2: A man, Chris Hronis, lying on his side on the floor, handcuffed behind his back, surrounded by four or more police standing over him. Photo 3: Through the window of a van you see two man, Chris Hronis in back and Bob Kafka in front of him, sitting in wheelchairs. Both are handcuffed behind their backs.
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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.