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ADAPT (589)
A-12 /The Houston Post/Wednesday, February 15, 1989 NATION & WORLD [Headline] Disabled hail ruling on bus access [Subheading] Court requires transit agencies to install wheelchair lifts ASSOCIATED PRESS 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 American Public Transit Association in Washington. He said wheelchair lifts receive limited use where they exist and are an added expense to transit agencies at a time when federal subsidies are dwindling. A 3rd U.S. Circuit Court ol Appeals panel ruled 2-1 Monday that Congress has made its wishes on accessibility clear, and lift-equipped buses are part ol that mandate. The court ordered the Department of Transportation to rewrite a regulation allowing communities to offer alternative paratransit service, such as van rides. 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 DOT regulations on light rail and commuter rail systems. Transportation department spokesman Bob Marx said DOT attorneys had not seen the decision and would not comment. Officials of Houston's Metropolitan Transit Authority also had not seen the decision, but MTA spokeswoman Carol Boudreaux said the authority would comply with any new regulations. Representatives of the disabled community in Houston lauded the ruling. “The disabled community is excited and we hope Alan Kiepper, manager of Houston Metro, hears this message from the courts and the disabled community. Access is a civil right," said Vicki Harris, executive director of the Center for Independent Living. Currently, Metro's MetroLift program provides scheduled curb-to-curb transportation for mentally or physically disabled persons who are unable to ride regular buses. Bob Kafka, an American Disabled for Accessible Public Transportation representative who joined Harris at a news conference, said he believed the cost of retrofitting buses with wheelchair lifts would be too costly, but said he hoped the ruling would force Metro to buy new buses with lifts. "Disabled people are part of this community, and they should have access to mainline transit," he 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. lt costs $15,000 to equip a bus with a wheelchair lift, and buses cost about $200,000, said Joaquin Bowman, a spokesman for the Southeastern Pennsylvania Transportation Authority.
ADAPT (196)
The Handicapped Coloradan PHOTO 1: Four police officer surround a man (Bob Kafka) in a manual wheelchair. Two are holding his arms behind his back, forcing his head and shoulders toward the ground as he is twisted in his wheelchair. Another officer is putting handcuffs on one of his wrists. Caption reads: BOB KAFAY [sic] is handcuffed from behind by police after being arrested at the Bonaventure Hotel in Los Angeles this past October. Kafay and other members of American Disabled for Public Transit were demanding mandatory accessible public transit. PHOTO 2: A woman in a power wheelchair, sits in the middle of the front of the bus, stopping it in the street. Someone is standing at the left front corner of the bus beside another person in a wheelchair [possibly Larry Ruiz]. In front of this group another wheelchair user with a lap board sits in the middle of the street. On the side of the road an officer with a radio is standing, and on the near side of the bus a woman also stands and watches. All the faces are in shadow so it is hard to tell who anyone is. Caption reads: TWO PROTESTORS managed to collar a bus during an early action In Dallas, Texas. "The laughed at us. They didn't think a handful of us could stop the buses." continued from p. 16? By January 1986 ADAPT Texas felt sure enough of itself to directly challenge transit providers in Houston and Dallas to reverse their policy on accessibility. Ironically, at one time Houston boasted more accessible mainline buses than any other city in the country. After intense lobbying by the Coalition for Barrier Free Living, the Houston Metropolitan Transit Authority (MTA) purchased 326 Grumman Flxible 870 buses equipped with EEC lifts in 1977. That represents 50 percent of the city's total bus fleet. The decision to purchase those buses came only after members of the Coalition staged a sit-in at the office of then MTA executive director Barry Goodman, who had earlier refused to meet with representatives of the group to discuss accessibility. Goodman declined to make a commitment to accessibility at the subsequent meeting. Coalition members joined forces with the American Civil Liberties Union (ACLU) in a lawsuit that would have prevented MTA from purchasing any other buses until it had agreed to provide mainline service to wheelchair users. Coalition members took to the streets and blocked buses. MTA finally gave in to their demands but, according to coalition members, once the buses were on the streets MTA did nothing to publicize the routes. As a result few disabled passengers used the lifts. The death blow to accessibility in Houston came when cracks developed in the front frames of the new buses. MTA attributed the cracks to the EEC lifts, though the same cracks appeared in other buses in other parts of the country that had not installed lifts. MTA later admitted that the lifts did not cause the cracks, but when the Grumman buses were pulled out of service, Houston chose not to replace them with lift-equipped buses. The coalition's transportation committee had by this time disbanded, and accessibility ceased to be a front-page issue in Houston until some 20 Houston ADAPT members issued a Jan. 22, 1986, press release demanding that MTA proclaim its intention to purchase only lift-equipped buses. ADAPT gave MTA until July 4 to alter its position. ADAPT charged that MTA's Advisory Committee of the Disabled and Elderly was powerless and had done nothing to promote accessibility since it was formed. "The right to move freely in Houston usurps the recommendations of any committee," the ADAPT release said. A symbolic rally was held outside MTA's headquarters on Feb. l2 — Lincoln's birthday — to protest what ADAPT called a segregated transit system that makes slaves of the city's disabled population. Symbolism was also behind ADAPT's choice of Jan. l5, l986 Martin Luther King, ]r.'s, birthday — for its showdown with the Dallas Area Rapid Transit (DART). Several of those same "outside agitators” who had irked the San Antonio Light made the 800-mile trip from Denver to participate in the demonstration. Among them was Mike Auberger, a quadriplegic community organizer for the Atlantis Community, who just may have been arrested more times than any other wheelchair activist in the movement. Auberger was not alone. Seventeen demonstrators, including several first-timers, were arrested. Denver's Kathy Vincent was among that group. Altogether the demonstrators managed to block l7 buses for more than six hours before the police stepped in and forcibly removed them from the streets. Not all the fireworks took place on the streets, however. The night before, at a regular monthly meeting of DART's executive board, ADAPT made known its intention to bring traffic to a standstill in Dallas the next day. "They laughed at us," Blank said. "They didn't think a handful of us could stop the buses." But Blank said DART's new executive director, Ted Tedesco, until recently a University of Colorado vice chancellor, knew different. “He knows what we can do. His face went white when we entered the room." At first, DART refused to hear from ADAPT. However, several ADAPT members began chanting "We will ride!", making it impossible for the DART meeting to continue. After making their presentation, several protestors showered the board with play money to symbolize the wasted tax dollars DART has put into non-accessible systems. Not all the news from Texas is bleak, however. ADAPT Austin has succeeded in winning 100 percent of off-peak hour accessibility from Capital Metro as of July 1, 1986. More than 50 percent of that city's peak hour routes will be accessible once l00 lift-equipped buses arrive this summer. Jim Parker reports that El Paso ADAPT is pushing the city to activate the 30 lift-quipped buses the system owns but has never operated. That would mean 50 percent accessible service during off-peak hours, according to Parker, who was among the first Texans to receive training from the Denver parent group. Auberger and other Coloradans had helped Parker block buses and stage a demonstration at a non-wheelchair-accessible McDonald's restaurant two years before.