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Нүүр хуудас / Цомог / Түлхүүр үгс APTA - American Public Transit Association
+ Jack Gilstrap 23
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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.
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4B / Las Vegas Review-Journal Monday, April 10, 1989 [Headline] Disabled protesters arrested in Sparks Associated Press SPARKS — About 75 wheelchair-bound people blocked the entrances to a casino Sunday to protest what they called their lack of accessibility to public bus systems. Police said about 40 protesters were arrested by late Sunday evening and more arrests were expected. Members of a national group calling itself The American Disabled for Accessible Public Transit staged the protest by chanting slogans and blocking entrances to the Sparks Nugget. The target of the protest was the American Public Transit Association, which is holding its western regional meeting at the Nugget through Wednesday. The association represents the nation’s bus and rapid transit systems. The transit association opposes a move to install wheelchair lifts on new public buses and the disabled group sought a meeting with its leaders inside the casino to discuss the issue. “We try to make their conventions as inaccessible to them as they have made transportation to disabled people,” said protest organizer Mike Auberger of Denver. “They can't just come and have fun.” However, Nugget security personnel blocked outside entrances to the protesters and denied them access, saying they posed a threat to the safety of casino patrons. Police said four protesters were arrested on a charge of blocking a roadway on the group’s march to the Nugget, while 36 others were arrested at the casino on a variety of charges, including obstructing justice and blocking a fire exit. Protesters started out by blocking two entrances and later blocked all but one entrance for a brief time. Police said they were forced to drag several protesters away from the doors after they resisted arrest. In February, the 3rd U.S. Circuit Court of Appeals in Philadelphia ruled in favor of the disabled group, saying all new public buses purchased with federal funds must be equipped with wheelchair lifts. Auberger, who uses a wheelchair because of a neck injury suffered in a bobsledding accident, said only about a dozen U.S. cities now have buses with the lifts. “We want to be able to wait in the rain and hot sun and ride a bus like everyone else," he said. “The lifts would force integration and change the way most people view disabled people.” However, Jack Gilstrap, executive vice president of the transit association, said his group opposes the court ruling because of the cost involved. “Every lift costs $15,000 and they’re very expensive to maintain,” he said.
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Title: Disabled.. protesters at the Queen E. ‘We Shall Overcome’ by Ron Charles Montreal Daily News Inserted in the top center of the page is an image of yesterday's Daily News front page [ADAPT 386 & 385] with the headline A wheelchair army goes to way! and photos of that protest. Captioned: “Yesterday’s Daily News.” Title: The Siege Day 2 TEN disabled protesters were arrested last night for chaining their wheelchairs to doors at the Queen Elizabeth Hotel, while 10 others were being arraigned in municipal court. Singing "Access is a civil right," and "We shall overcome," the protesters demanded to see American Public Transit Association (APTA) vice-president Jack Gilstrap. Gilstrap refused to face them. APTA is holding its annual conference at the Queen Elizabeth. The protesters, members of American Disabled for Access to Public Transit, want APTA to endorse wheelchair lifts on all new buses across North America. Police officials said nine of 10 would be arraigned in municipal court sometime last night or early this morning. Cynthia Keelan and her seven-year-old daughter Jennifer were released soon after the wheelchair bus carrying the arrested demonstrators arrived at police headquarters. Police began processing the 10 protesters last night just as the arraignments of 10 others arrested earlier in the day were being completed. The 10 arraigned at 7:30 last night were arrested for blocking the Camillien-Houde parkway atop Mount Royal —to impede the return of APTA conference-goers from a luncheon at Chalet Mont Royal. All 10 pleaded guilty to charges of mischief and obstruction of justice. Municipal court Judge Louis-Jacques Leger sentenced five of the 10 — all of whom refused to pay $50 in fines — to three days in jail. The judge also slapped probation orders on the protesters, forbidding them from taking part in demonstrations on the Island of Montreal for six months. Léger also forbade them from being within 100 metres of an ADAPT demonstration and from being in areas where the arrests were made until the APTA conference ends to-morrow. [Subheading] Waived conditions The judge waived the last two conditions for Marie Barile, the sole Montrealer arrested atop the mountain. Barile protested conditions which said she should not be within the boundaries of Cote des Neiges Boulevard, Pine Avenue, Mount Royal Avenue and Parc Avenue. "But I work on Cote des Neiges near Victoria," she said, leaning forward in her wheel-chair so Léger could hear her. Rev. Wade Blank, one of the five who refused to pay his fine, told the judge that he would go to jail to protest the incarceration of the wheelchair-bound demonstrators. "I'm protesting the punishment of people, who are already punished enough by society," said Blank, who isn't disabled. MUC police moved in after the group of 50 blocked access to the chalet for an hour. "All the APTA people got up to their fancy luncheon, but they couldn't get down," said Molly Blank, Wade's wife. Meanwhile, 20 ADAPT members are expected to be released from prison this morning after serving half of their three-day sentences for invading and refusing to leave the Sheraton Centre, where some APTA members are staying. While 28 were arrested in the Sheraton protest, eight paid their $50 fines after pleading guilty to mischief and obstructing justice in a 2:30 a.m. municipal court session yesterday. The rest refused to pay fines or could not. The 20 — 16 men who were sent to Bordeaux jail and four women sent to Tanguay — went on hunger strikes to protest the probation orders Léger imposed. "Basically, the judge told them not to go into a demilitarized zone encompassing the major hotels where APTA members are staying," said Stewart Russell, the group's Montreal lawyer. [Subheading] Don't have right Russell called the restrictions on their movements unconstitutional because, he said, they didn't allow those convicted freedom of assembly and freedom of speech. Again at last night's session, he told Léger the orders were unconstitutional. "These people have not the right to demonstrate anywhere in the city of Montreal for six months, and they can't go see the mountain like other tourists visiting the city," Russell told the court at the arraignment of the mountain demonstrators. Léger said the probation order didn't hinder their rights enough to be considered unconstitutional, and he said, "I think they had an opportunity to see the mountain today." Sidebar: Access is a civil right, they say Singing “Access is a civil right,” and “We shall overcome,” disabled protesters at the Queen Elizabeth Hotel demanded to see American Public Transit Association (APTA) vice-president Jack Gilstrap yesterday. The protesters, members of American Disabled for Access to Public Transit, want APTA to endorse wheelchair lifts on all new buses across North America. Photo by Allan Leishman/Daily News: A group of ADAPTers are sitting in their wheelchairs together (left to right: Bobby Simpson, Terri Fowler, Katie Hoffman, Debbie _______ and in front Lillibeth Navarro. Behind them half a dozen police cars and the "Special" paddy wagon/school bus are parked. About a dozen police officers are standing around the cars; one appears to be chatting with Larry Ruiz and another ADAPT person. Caption reads: “Protest: Demonstrators demand to see the American Public Transit Association vice-president.”
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St. Louis Post Dispatch, 5/13/88 Activists Derail Transit Group’s Welcoming Plans By Mark Schlinkmann, Regional Political Correspondent Officials have moved the site of a convention's welcoming ceremony Sunday night away from the Gateway Arch visitors' center because of fears of a protest by disabled-rights activists. Organizers of a transit officials' convention have moved the reception site to the Omni Hotel, the site of the convention. Better security can be provided at the hotel, a spokesman for the Bi-State Development Agency, Thomas Sturgess, said Thursday. Because most other activities connected with the five-day convention will be at the hotel, Sturgess said, "The participants already will be there." More than 600 people from across the country are expected to attend the convention, a regional conference of the American Public Transit Association. As many as 150 others affiliated with Americans Disabled for Accessible Public Transportation — known as ADAPT — are expected to be here to protest the organization's stand on wheelchair lifts for buses. Police say the protest group, including many in wheelchairs themselves, has a reputation for seeking arrest to dramatize their cause. Tactics in other cities have included blocking roadways and chaining themselves to buses, Bi-State officials have said. ADAPT wants the Transit Association to endorse 100 percent accessibility to buses and other public transportation for the disabled through the installation of wheelchair lifts by all its member systems. Disabled people should have the right to as much access to taxpayer-financed transportation as able-bodied people enjoy, ADAPT officials argue. "Our demand is that the association change its policy," said the Rev. Wade Blank of Denver, an ADAPT founder. The association "will not have their parties anywhere in the United States without people in wheelchairs making them inaccessible." Transit association officials respond by saying that although they support access for the disabled, wheelchair lifts are not the only way to provide it. Jack R. Gilstrap, executive vice-president of the Transit Association, said Thursday that about a third of the nation's transit systems use lifts on buses; a third have begun using vans to provide door-to-door service for disabled persons; and a third use a combination. The vans have a higher rate of use than wheelchair lifts on standard buses and so are less costly, he said. "We believe the local community ought to be deciding how this will be provided," Gilstrap said. "There really are some serious business and tax-payer considerations." ADAPT complains that "paratransit vans, which usually must be reserved in advance, segregate the disabled from the general public. "It's very similar to apartheid," Blank said. In St Louis, the Bi-State transit system is using a combination — developed in conjunction with a local committee of disabled persons. Almost 120 new standard buses equipped with wheelchair lifts are being purchased between now and early 1989. In addition, the system's "Call-A-Ride" van service for disabled people — now limited to parts of St. Louis County — will be expanded to cover all of St. Louis and St. Louis County in November. At that time, Bi-State also will begin issuing scrip that can be used by disabled persons to take taxis in certain circumstances. ADAPT officials have said the organization is satisfied with Bi-State's plans. But they have complained that Bi-State is allowing two of its buses to be used as paddy-wagons on call in the case of any arrests at the demonstrations.
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St. Louis Post Dispatch, May 17, 1998 [Headline] No Arrests As Protest Continues By Victor VoIland and William C. Lhotka Of the Post-Dispatch Staff PHOTO by Jerry Naunheim Jr./Post Dispatch: Three people in wheelchairs sit in a line facing away from the camera and toward a line of men standing and facing those in wheelchairs. Behind the men standing is an ornate stone building. On the back of one of the wheelchairs is a poster that reads "Lifts = Buses For All." caption: Members of American Disabled for Accessible Public Transit facing a line of plainclothes police officers Monday in front of the Omni International Hotel at Union Station. About 50 protesters, half of them in wheelchairs, continued a peaceful demonstration at Union Station on Monday against a public transportation association meeting inside. No one was arrested. Meanwhile, 11 of 41 demonstrators arrested on Sunday filed a $2.5 million suit late Monday against the city and three police officers. The suit accuses officials at the City Workhouse of taking blood from those arrested against their objections. It also charges police with violating the protesters' right of free speech by refusing to allow them to talk to the press while they were in jail. The demonstrators, who belong to a group called American Disabled for Accessible Public Transit (ADAPT), are protesting the policies of the American Public Transit Association, which is holding a regional conference at the Omni Hotel at Union Station. The conference opened Saturday and continues through Wednesday. The ADAPT group wants the association of bus and train operators to adopt a national policy in support of equipping all public buses with wheelchair lifts. It has demonstrated against the association at its meetings for the last several years. Charges against 38 of the 41 arrested were dismissed Monday by Associate Circuit Judge Henry E. Autrey because authorities had failed to get warrants within the 20-hour period following arrest, as required by law. Three protesters were released on their own recognizance and ordered to appear Wednesday in the court of Judge Thomas C. Grady. They are charged in warrants with trespassing and disturbing the peace, both misdemeanors. George Kinsey, commissioner of adult correctional services, said it was standard procedure to take blood and perform tests on all prisoners entering the City Jail or Workhouse to screen for venereal diseases, tuberculosis and other communicable diseases. On Monday morning, remnants of the 150-member ADAPT group wheeled down Market Street from their rooms at the Holiday Inn Downtown to Union Station and the Omni and were met with a phalanx of uniformed and plainclothes police outside the main hotel entrance. Workers erected a makeshift barrier of concrete pylons and orange plastic fencing to separate the police line from the wheelchair protesters who drew up opposite. "I want Mr. Gilstrap to know he's got an angry parent out here and that I want the same human dignity afforded to my daughter that is given to an able-bodied person," one of the protesters, Cynthia Keelan of Phoenix, Ariz., barked through a battery-powered bullhorn. She was pushing her daughter, Jennifer, 7, who is crippled from congenital cerebral palsy. The girl is segregated and treated as a second-class citizen because she must use a wheelchair, her mother charged. Jack R. Gilstrap, executive vice president of the American Public Transit Association, declined to meet Monday with the protesters, who repeatedly chanted his name. Gilstrap told a reporter later that the association supported the idea of accessible public transportation for the elderly and handicapped. Implementing such access is difficult because President Ronald Reagan's administration has slashed the federal transit program by 47 percent since 1981, he said. He added that paratransit vans and buses — so-called dial-a-ride vehicles — are used much more frequently and are more cost efficient than buses equipped with wheelchair lifts. Gilstrap said that the Bi-State bus system in St. Louis offered both the dial-a-ride vans and lift-equipped buses. Tom Sturgess, a Bi-State spokesman, told the protesters that the system would have two-thirds of its buses equipped with lifts by next year. Lonnie Smith of Denver, one of the plaintiffs in the suit, said he was one of the first people to be subjected to a blood test at the city Workhouse after his arrest on Sunday. Showing a reporter the puncture on the inside of his left arm where the needle had been inserted, Smith said he had been told that he had no choice — that he would be held down unless he submitted to the blood test. end of article
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San Francisco September 30,1987 S.F. Independent PHOTO (right middle of page) by Rick Gerharter: At least nine wheelchair users (among them, Rick James, Stephanie Thomas, Woody Carlson, Cathy Thomas or Julie Farrar and others) fill the front of the frame blocking a bus with a sign with the APTA logo and Hotels written on it. Most of the blockers are facing toward the bus, away from the camera. Police stand on either side of the bus. Two protesters have Proud and Disabled bumper stickers on the backs of their wheelchairs. Caption: Disabled protesters blocked a SamTrans bus Monday at the American Public Transit Association convention taking place this week at Moscone Center. [Headline] Bitter Protests at Transit Meet By: Carol Farron [This story continues on a second page we do not have at this time.] Disabled people from throughout the United States are angry and have gathered in San Francisco this week to protest the lack of accessibility on public transit systems throughout the nation. The protesters are hoping to force transit officials who are convening at the annual meeting of the American Public Transit Association to change their thinking on transit accessibility for the disabled. APTA, public transit's biggest lobbying group, took the lead in the early 1980s in convincing Congress to overturn federal regulations allowing full transit accessibility for the disabled. What resulted from that decision was a "local option" plan. This allowed individual transit agencies to decide if they would provide accessibility for the disabled on fixed route service or an alternate van/taxi service. Many disabled `groups` are unhappy with that outcome, charging that the local option denies them their civil rights and impedes or prohibits their ability to attend school or hold down jobs because of a lack of transportation. Additionally, many disabled say that paratransit is a paternalistic system that segregates them from society, and users are made to feel helpless. APTA members contend that full accessibility is expensive and unworkable. They say that equipping buses and trains with lifts is too expensive given the number of disabled riders. The disabled, however, say that transit's estimates of disabled riders are low, and accessible transit can work as cities like Seattle, San Francisco and Denver have proven. More than 200 wheelchair bound men and women said last Saturday at a press conference that because the current regulations deny them their civil rights they came prepared to be arrested - and that they were. Thirty-four people, most in wheelchairs, were arrested at a City Hall protest last Sunday, and another 22 were arrested in for blocking a Samtrans bus at Moscone Center on Monday. Many more arrests are expected until the convention's conclusion this Thursday. "This is a militant bunch of protestors," said Jack Gilstrap, executive vice president of APTA. "These people terrified and roughed up some of our members at city hall. "Just because someone is in a wheelchair doesn't mean they're nice." Marilyn Golden of SAAT, the September Alliance for Accessible Transit, said her group is "far from militant." see Rides, page 2
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San Francisco Examiner 10/1/87 Photo by Examiner/Gordon Stone: The frame of the picture is filled with people in wheelchairs, and people standing. All are protesters and in the center is a woman wearing glasses raises her hand in a power fist with a piece of paper in it, above her head. In front of him is a woman laying back in her chair (Laurie ___ from Chicago). Everyone is facing forward. Caption reads: CAROL RAUGUST, WITH FLYER, IS AMONG WHEELCHAIR ACTIVISTS They have a quarrel with public transit officials, convening in S.F. Title: Handicapped activists get day in court By John D. O'Connor OF THE EXAMINER STAFF The Hall of Justice resounded with victory whoops and the whirl of motorized wheelchairs as 43 'handicapped activists arrested for blockading the Powell Street cable car line got their day in court. Protesters used their arraignment Wednesday before Municipal Court Judge Philip Moscone as a platform for a new attack against the American Public Transit Association, which they say has not done enough to provide the handicapped with access to public transit. Moscone allowed designated speakers to address the court after each group of blockaders entered no contest pleas to charges of obstructing a public thoroughfare. The $50 fine the charge carried was dropped as Moscone credited the night the 43 demonstrator spent in jail as "time served." A second charge of failing to disperse was dropped "in the interest of justice," according to Deputy District Attorney Randall Knox. Jane Jackson, who spoke on behalf the first group of 14 wheelchair-bound demonstrators arraigned Wednesday, seized the opportunity to charge APTA with denying handicapped citizens of their civil rights. "It is for this reason that we believe Jack Gilstrap (APTA executive Ace president) should be asked to resign or should be forced to resign," Jackson said. "APTA is not acting in good faith." More than 15,000 public transit officials from around North America attended the four-day convention. Officials of the transit group have said they feel the access question should be handled on a local level. Jackson also said the coalition of handicapped-rights groups, which captured national media attention with four days of protests and blockades across the city, was pulling out of a scheduled meeting with APTA officials Thursday. "It's the only move left open to us," Jackson said later while members of the September Alliance for Accessible Transit and American Disabled for Accessible Public Transportation cheered her and the other blockaders as they exited the courtroom. About 75 wheelchair-bound protesters lined the hallway outside the courtroom, chanting and clapping in approval and support as each group of blockaders were arraigned and allowed to leave. "They're our heroes," said Connie Arnold of San Rafael. "They're standing up for us." During the arraignments, police, sheriff's and emergency medical personnel stood by as defendants were wheeled in or entered the courtroom under their own power. Jennifer Keelan, a 6-year-old girl from Tempe, Ariz., whose bouncy enthusiasm and apparent unconcern over her handicap captivated the press and boosted the resolve of protesters, was wheeled in by a sheriff's deputy and sat writing her name over and over again in a small notebook. Unlike the group's earlier demonstrations, Wednesday's action was peaceful and there were no arrests. Protesters had staged noisy and sometimes violent demonstrations outside the APIA convention at Moscone Center Monday and on the steps of City Hall Sunday night. Handicapped-rights group organizers said Wednesday was their last day in The City as the APTA convention at Moscone Center ended a four-day conference and transit officials left town. But protesters declared the string of rallies and blockades a success. "We made our point," said Marilyn Golden of Oakland. "Now maybe they will listen."
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San Francisco Examiner 10/1/87 Photo by Examiner/Gordon Stone: The frame of the picture is filled with people in wheelchairs, and people standing. All are protesters and in the center a woman wearing glasses raises her hand in a power fist with a piece of paper in it, above her head. In front of him is a woman laying back in her chair (Laurie ___ from Chicago). Everyone is facing forward. Caption reads: CAROL RAUGUST, WITH FLYER, IS AMONG WHEELCHAIR ACTIVISTS They have a quarrel with public transit officials, convening in S.F. Title: Handicapped activists get day in court By John D. O'Connor OF THE EXAMINER STAFF The Hall of Justice resounded with victory whoops and the whirl of motorized wheelchairs as 43 'handicapped activists arrested for blockading the Powell Street cable car line got their day in court. Protesters used their arraignment Wednesday before Municipal Court Judge Philip Moscone as a platform for a new attack against the American Public Transit Association, which they say has not done enough to provide the handicapped with access to public transit. Moscone allowed designated speakers to address the court after each group of blockaders entered no contest pleas to charges of obstructing a public thoroughfare. The $50 fine the charge carried was dropped as Moscone credited the night the 43 demonstrator spent in jail as "time served." A second charge of failing to disperse was dropped "in the interest of justice," according to Deputy District Attorney Randall Knox. Jane Jackson, who spoke on behalf the first group of 14 wheelchair-bound demonstrators arraigned Wednesday, seized the opportunity to charge APTA with denying handicapped citizens of their civil rights. "It is for this reason that we believe Jack Gilstrap (APTA executive vice president) should be asked to resign or should be forced to resign," Jackson said. "APTA is not acting in good faith." More than 15,000 public transit officials from around North America attended the four-day convention. Officials of the transit group have said they feel the access question should be handled on a local level. Jackson also said the coalition of handicapped-rights `groups`, which captured national media attention with four days of protests and blockades across the city, was pulling out of a scheduled meeting with APTA officials Thursday. "It's the only move left open to us," Jackson said later while members of the September Alliance for Accessible Transit and American Disabled for Accessible Public Transportation cheered her and the other blockaders as they exited the courtroom. About 75 wheelchair-bound protesters lined the hallway outside the courtroom, chanting and clapping in approval and support as each group of blockaders were arraigned and allowed to leave. "They're our heroes," said Connie Arnold of San Rafael. "They're standing up for us." During the arraignments, police, sheriff's and emergency medical personnel stood by as defendants were wheeled in or entered the courtroom under their own power. Jennifer Keelan, a 6-year-old girl from Tempe, Ariz., whose bouncy enthusiasm and apparent unconcern over her handicap captivated the press and boosted the resolve of protesters, was wheeled in by a sheriff's deputy and sat writing her name over and over again in a small notebook. Unlike the group's earlier demonstrations, Wednesday's action was peaceful and there were no arrests. Protesters had staged noisy and sometimes violent demonstrations outside the APTA convention at Moscone Center Monday and on the steps of City Hall Sunday night. Handicapped-rights group organizers said Wednesday was their last day in The City as the APTA convention at Moscone Center ended a four-day conference and transit officials left town. But protesters declared the string of rallies and blockades a success. "We made our point," said Marilyn Golden of Oakland. "Now maybe they will listen."
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Handicapped Coloradan October 1987 Title: 123 arrested in San Francisco ADAPT blocks cable cars For years San Francisco area disabled rights activists chose to look the other way as that city's historic cable cars transported tourists and locals up and down the steep hills in cars inaccessible to persons in wheelchairs. And then ADAPT (the American Disabled for Accessible Public Transit) hit town. On Tuesday, Sept. 29, scores of wheelchair militants dodged police barricades and, hauled their wheelchairs onto the cable car turntable at Market Street. Protesters managed to prevent the cable cars from moving for more than two hours until police cut the chains they were using to attach their wheelchairs to the turntable. Of the 75 protesters arrested on the spot, 43 were booked and spent the night on cots in the county prison gymnasium on the seventh floor of the Hall of Justice. Outside the hall, 80 persons in wheelchairs maintained a candlelight vigil throughout the night. Many tourists were upset with the protesters, yelling at them that they were ruining their vacation. Protesters replied that the tourists' inconvenience would last only a few hours, while they faced a lifetime of inaccessible public transportation. ADAPT was in San Francisco to make just that point to the several thousand delegates attending the national convention of the American Public Transit Association (APTA), a trade group which represents most of the country's transit providers. Some 123 demonstrators were arrested during the San Francisco protest. "Every year it's a new record for the Guinness book," said Wade Blank, one of ADAPT's founders. Many of the other arrests took place as wheelchair activists blocked buses and streets to prevent APTA delegates from attending social functions outside the convention hall. A highlight of the week-long action was a Sunday parade when more than 500 demonstrators formed an eight-block-long river of wheelchairs. "It's got to be one of the most moving and impressive sights I've ever witnessed," Blank said. San Francisco police complimented the demonstrators on their organizational abilities, according to Blank. "We couldn't have done this a few years ago," he said. Blank said one of the highlights of the week for him was when police stopped APTA's executive director Jack Gilstrap from climbing over a fence to avoid a confrontation with the demonstrators.
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Passenger Transport 4/3/98? At San Francisco Meeting Agreement Reached in Suit By Disabled over Access San Francisco, Calif.- A settlement agreement of a class action suit brought by two individuals with disabilities against the Hilton Hotels Corporation, APTA, and Executive Vice President Jack Gilstrap was reached recently. The February 1988 suit stemmed from a protest by persons with disabilities at the San Francisco Hilton Hotel during APTA’s 1987 Annual Meeting. “We are pleased that this litigation is being settled and that we can, hopefully, put it behind us and move forward,” said Mr. Gilstrap. He emphasized that the settlement agreement stipulates that APTA entered into this agreement without admitting any liability in connection with the incident. The plaintiffs who brought the suit in the California Superior Court claimed that their right of access to the San Francisco Hotel was violated during a Sept. 27, 1987, meeting and protest at the hotel. Persons with disabilities had been invited to attend a meeting with APTA that morning, but an accessible hotel entrance was temporarily closed. The protesters sued under California law that guarantees full access for individuals with disabilities. The Sept. 27 incident came during a week when disabled activists held a tumultuous demonstration at San Francisco city hall and also blocked operation of the city’s historic cable car system. The settlement, reached on March 3 and preliminary approved by the court, provides monetary damages to disabled individuals who feel they were denied access to the hotel. The preliminary court approval clears the way for announcement of the settlement in publications distributed throughout the disabled community. Individuals who were invited to the Sept. 27 meeting and were denied access through the temporarily closed entrance are entitled to a minimum of $1,250. Persons who sought access or would have sought access to the hotel but for the temporary closure will have an opportunity to identify themselves and file proofs of claim for damages of up to $250. The damages will be paid out of a settlement fund established by Hilton Hotels and APTA amounting to $100,000. A hearing will be held this June for a final determination by the court concerning the fairness of the settlement.
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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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Cheyenne Tribune 9/27/87 Title: Disabled to Protest for Public Transit Access SAN FRANCISCO (UPI) - Hundreds of disabled activists say they will demonstrate for more access to public transportation during the American Public Transit Association's four-day meeting, which starts Sunday. Organizers of the protests, aimed at making a point to 4,000 delegates from 400 public transit systems, expected more than 600 handicapped and disabled people from all over the country to participate. Groups including the September Alliance for Accessible Transit have been trying for years to get the APTA, the nation’s public transit lobbying arm, to declare a national policy giving disabled people the same access to buses and trains as able commuters. “If it were women or blacks who couldn't get on the bus, it would clearly be a civil rights issue," said Kitty Cone of the Berkeley, Calif., group. Her organization and Denver-based American Disabled for Accessible Public Transit threaten to block city streets, hotel lobbies and entrances to the Moscone Convention Center to show delegates how it feels to be denied access. Some demonstrators also promised to invade banquets and cocktail parties attended by delegates. “We are not going to allow these people to have a good meal,” said Bill Bolte of the Denver organization. He was arrested earlier this year for a demonstration at a transit meeting in Phoenix. The transit group's policy is that questions of access should be left to local transit districts. “Mainstream access may work well in the Bay Area but don't tell systems in Akron, Ohio, or Buffalo, N.Y., that they have to do the same thing,” said Jack Gilstrap, executive vice president of the association. He said many systems in smaller areas cannot afford to renovate buses and trains or to purchase new vehicles, so have chosen to provide door-to-door van service for the disabled. He also said that protests or no protests, no major policy changes were expected to be adopted during the meeting. Federal regulations approved in 1986 give local agencies the option of using mainstream or so-called paratransit services, such as the door-to-door vans.
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San Francisco Examiner 9/28/87 Still waiting for the bus Photo by Examiner/Kurt Rogers: A row of policemen in dark uniforms facing away from the camera make most of the photo black. At their sides you can see night sticks and their hands on their hips. Between them you can see a very young (about 6 years old) Jennifer Keelan mouth open in a loud chant and behind her, barely visible is her mother Cindy. To the right Diane Coleman is framed by two other policemen, and between them mostly hidden by the officer's legs, is Bob Kafka. Caption reads: A contingent of disabled and elderly protesters roll up Post Street in S.F. after holding Union Square rally. Headline: Disabled protest transit group’s policies By Ken O'Toole of the Examiner staff Disabled people from across the nation took to the streets of San Francisco Sunday to demand better access to public transportation, rolling through downtown streets in a wheelchair caravan that stretched from Union Square to the downtown Hilton Hotel. Chanting, “We want access” and "We will ride," the crowd of several hundred disabled and their supporters rolled with police escorts to the hotel, where the annual meeting of the American Public Transit Association was taking place. The protesters were halted at the hotel's doors by a line of police, and after a brief rally moved on to City Hall, where they confronted transit association members going to a cocktail party. Police arrested 20 people, including 16 in wheelchairs, for blocking the sidewalk and failing to disperse. They were cited and released. One demonstrator. who was not wheelchair-bound, was booked for felony assault after he kicked a police officer in the chest. Police estimated that there were 500 demonstrators. The march, spirited but orderly, did not seriously disrupt traffic as scores of wheelchair-bound protesters voiced their displeasure with the associations policies and called for restoration of a national transit policy that would require wheelchair lifts on all public buses and trolleys. Both protesters and officials of the Municipal Railway noted the irony of the demonstration taking place in a city that has one of the best disabled-accessibility programs in the United States. California and Michigan are the only states that require all new buses to have wheelchair lifts. However, outside California, most disabled people are "segregated from public transit, and are often regulated to lengthy waiting lists for door-to-door van service" or no service at all, said a spokeswoman for the September Alliance for Accessible Transit. The group, in conjunction with American Disabled for Accessible Public Transit, plans more demonstrations as the transit association meets here through Thursday. Transit association Executive Vice President Jack Gilstrap said, “it's not a disagreement over whether we serve the disabled; it's how its to be done. Our position, and we're consistent with federal law and the courts, is for each community to decide how the service (to the handicapped) should be supplied." He said that lifts can cost $10,000 to $15,000 and that individual communities should be able to decide whether the money might be better spent on other transit woes. "lt's a very emotional issue," Gilstrap said, "but (public-transit agencies) have short resources. You're doing a good job here in the Bay Area, but with an extraordinary level of taxes." Muni spokeswoman Annette Wire said a total of 280 buses In the system have lifts, and 16 Muni lines are totally accessible to the handicapped. At a Union Square rally before the march, Lt. Gov. Leo McCarthy called for full access to public transportation. Saying laws that guarantee rights to all people have been undermined, McCarthy said disabled people have a right to access to school and work through public transportation. "Transportation means independence," McCarthy said, “and independence means opportunity." The Rev. Cecil Williams of Glide Memorial Church called on the disabled to take America to a new task... You may be called to set what's wrong right." A wheelchair-bound San Franciscan named Gill rolled into the crowd of demonstrators at Union Square and said he liked what he saw. But he said, “San Francisco is moving in the right direction. I travel sometimes miles a day (in the electric wheelchair) and I usually don‘! have any problems. except with the occasional inexperienced bus driver." Joe Carley, of Dallas, Texas, said since he was restricted to a wheelchair several years ago, at age 38, I realized: ‘This can happen to at anybody. Transportation is the A-Number 1 concern for anyone who's disabled. Federal and state governments don't really see transportation as a right. We want to live, not just survive." Photo by Examiner/Kurt Rogers: A really large group of people, many in wheelchairs head down a street. Caption reads: Demonstrators protest American Public Transit Association's policies on disabled accessibility.
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Detroit Free Press 10/6/86 PHOTOs by JONN COLLIER, Free Press PHOTO 1: A large group of posters in a line that almost looks like a pile, are behind a woman in a manual wheelchair being pushed up a curb or slope. Two people are helping her up. One holds a poster which reads "Stop the war against the disabled! [something] Congress". In the crowd behind are other large signs, some unreadable, and a very large one in the middle is partially readable and says "...for the disabled not for war!..." PHOTO 2: People in wheelchairs appear to be fanning out in an intersection with large city buildings in the far background. Between the three people in wheelchairs in the front you can see a line of other folks in wheelchairs across the intersection. Caption reads: Disabled demonstrators move through downtown Detroit, carrying signs and chanting “We will wide," in protest of the lack of wheelchair lifts on the nation's buses and trains. Title: Handicappers protest at transit convention By BOB CAMPBELL, Free Press Staff Writer About 150 militant disabled people, chanting "We will ride" and carrying signs in a procession from Tiger Stadium to the Renaissance Center, Sunday protested the lack of wheelchair lifts on the nation's buses and trains. At least 40 Detroit police officers in scout cars and on motorcycles kept the demonstrators — most of whom were in wheelchairs — on sidewalks along the two-mile route. After a request from Detroit Police Chief William Hart, who cited illegal actions of the protesters in other cities, Detroit's City Council last week withdrew a permit that would have allowed the demonstrators to parade through the streets. At one point, police insisted the protesters go through a puddle instead of using the street. At the Renaissance Center, the end of the procession, about 2,300 conferees were gathering for this week's American Public Transit Association national convention The demonstrators, who are at odds with the association on the accessibility issue, were kept away from the entrance to the Westin Hotel. See DiSABLED, Page 15A Title for part 2: Militant handicappers decry poor bus access Text box insert: Members of the group have been arrested at demonstrations at other transit meetings. DISABLED, from Page 1A HOTEL SECURITY was tight, and visitors had to identity themselves to guards before being admitted. The protesters — members of Americans Disabled for Accessible Public Transportation — say public buses and trains should be equipped with mechanical wheelchair lifts. Members of the group have been arrested at demonstrations at other transit association meetings after chaining themselves to buses and stopping traffic. "In the ’50s, a lot of blacks were on the back of the bus." said Michael Parker of Peoria, ILL. “We still can't get on the bus." Several members of the group told reporters there would be other protests against transit association members. Wheelchair lifts were required on buses briefly in the late l970s. But a transit association lawsuit led to a 1981 U.S. Supreme Court ruling that a federal requirement for lifts on all buses overstepped the intent of equal access legislation. said Jack Gilstrap, executive vice-president of the association. Most local transit agencies provide transportation to handicapped persons using mini-buses in services such as Dial-A-Ride. Gilstrap said. "The vast majority of people in wheelchairs prefer Dial-A-Ride or demand service," he said. “it runs 10-, 15-, 20-1 over lifts on every bus." Gilstrap said it is cheaper to offer special transportation service for wheelchair users than to adapt all public systems to wheelchairs. The subway authority in Washington D.C. spent between $50 million and $60 million to build elevators to allow wheelchair access tor "35 to 40 people a day," he said. MEMBERS OF the handicapper group complain of disparate quality of Dial-A-Ride systems among various cities. and they cite a requirement that rides must be arranged 24 hours in advance. Bill Bolte, 55, of Los Angeles, said: "l was a law-abiding citizen before l realized how oppressive society was getting toward handicapped people. The problem ls. we depress people because of the way we look. They don't want us around." Long-time civil rights activist Rosa Parks canceled her plans to join the ADAPT members, citing tactics that would "embarrass the city‘s guests and cripple the city's present transportation system." said to her assistant, Elaine Steele. Leo Caner, chairman of the 21 member Michigan Commission on Handicapper Concerns, said: "The general public has to be sensitized to handicappers. But getting the people sensitized by getting run over by a bus is not the way to do it." Free Pres: Special Writer Margaret Trimmer contributed In this report.
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The Detroit News, Section B Metro/ Wednesday, Oct. 8, 1986 pp. 1b and 6b News Focus: HANDICAPPED ACCESS PHOTO News Photo by Howard Kaplan: Three dark uniformed officers encircle the back of an older, thin man in a an old style manual wheelchair (Frank McComb). The officer on the left looks frustrated but determined, the one in the middle looks somewhat worried and the one on right is bending forward as if trying to speak to Frank. Frank looks freaked out. He is wearing a button down shirt and jacket with an ADAPT button. Caption reads: Handicapped protester arrested at Federal Building in downtown Detroit. There are two articles side by side. [These articles both are continued on ADAPT 275, but the entire text of both has been included here for easier reading.] Title of first article: 2nd day of protest brings 37 arrests By Louis Mieczko and David Grant, News Staff Writers A group of jailed wheelchair-bound protesters found themselves confronted Tuesday night with the kind of access problems they've been protesting all week. Thirteen protesters spent the night in a gym at Detroit Police Headquarters after the Wayne County sheriff's department refused to admit them to the county jail. A spokeswoman for the sheriff's department said the protesters weren’t accepted at the jail because over-crowding forced the county on Friday to stop incarcerating people accused of misdemeanors. MEANWHILE, UP to 60 people -- most in wheelchairs — descended on the area around Police Headquarters to protest the jailings. They wheeled slowly along the sidewalks around the building, chanting, “Let our people go" and vowed to spend the night. About 20 police officers stood near the protesters but did not intervene. The 13 protesters were among 37 people arrested Tuesday, after they blocked one of two entrances to the McNamara federal office building in downtown Detroit. Of the 37 people arrested, 31 were in wheelchairs. Police said the 13 jailed protesters were being held in lieu of $1,000 cash bail each. The rest of the protesters were released on $100 [personal bond]. BAIL WAS set at $1,000 for the 13, a police spokesman said, because their arrests Tuesday violated the conditions of their release Monday on $100 personal bond after a similar protest. They had been ordered to avoid further arrest until a court appearance set for Oct. 24, police said. Their incarceration posed special problems for police. The protesters were being held in a gym at Police Headquarters, which has barred windows and doors and is occasionally used to hold prisoners temporarily when processing of prisoners is backed up at the jail, police said. The bathrooms in the gym are not equipped for the handicapped and guards were carrying the protesters in the toilets, police said. The protesters were arrested early in the afternoon. By the time they had been processed and carried into the gym by police, the cafeteria at the Wayne County Jail had closed, police said. Officers at Police Headquarters, who declined to be named and who wouldn't provide details, said they secured from the county jail meals of roast beef and pot roast with lettuce, salads, ice cream, milk and juice. The protesters ate about 8:30 p.m. Title of second article: Costly bus lifts are key to dispute By Louis Mieczko, News Staff Writer It costs an estimated $20,000 to install wheelchair lifts on a typical city bus, and sometimes they don't work. That's the crux of a dispute between transit agencies across the country handicapped groups protesting the lack of access to public buses and rail cars. Americans [sic] Disabled for Accessible Public Transportation (ADAPT) wants every bus and rail car in the county available to wheelchair-bound people, a move which transit officials say would bankrupt most agencies. HANDICAPPED ADAPT demonstrators clashed this week with the American Public Transit Association (APTA), which is holding its annual convention in Detroit. It was the fourth such confrontation in as many years tied to the APTA conventions. Dozens of protesters have been arrested since Sunday for interfering with bus traffic and blocking entry to the McNamara Building as they sought to meet with staff members of U.S. Senators Carl Levin and Donald Riegle Jr. ADAPT has strongly criticized Detroit's Department of Transportation (D-DOT), which serves the city, and praised the suburban Southeastern Michigan Transportation Authority (SEMTA). “We fought for five years in Denver to get wheelchair lifts on all city buses there, and when we won in Denver, we went national," said Wade Blank, a Presbyterian minister whose 15-year-old daughter is confined to a wheelchair. THE PROTEST group, which Blank helped start, is upset with APTA for opposing its goal of wheelchair lifts on all buses. Five years ago, APTA won a lawsuit knocking down a requirement that the devices be installed on buses purchased with federal funds. Jack R. Gilstrap, APTA executive vice-president, called that too costly. “In Washington, D.C., $60 million was spent to provide elevators for the ‘subway stations, but only 36 handicapped people use those elevators on a given day," said Gilstrap. “We would much rather let each transit authority develop dial-a-ride and other more cost-effective services.” Gilstrap said it costs an average of $20,000 a bus to add wheelchair lifts, which often are unreliable. "THEY’VE NEVER given the wheelchair lift system a chance to work," said Frank A. Clark, chairman of the Detroit-based Coalition for the Human Rights of the Handicapped. “How much does it cost to keep these people at home or in a nursing facility." A 10 year old Michigan law, one of the most stringent in the United States, requires that all new buses bought with state funds have wheelchair lifts. California is the only other state with such a requirement. According to the Michigan Department of Transportation, 1,186 of the 2,127 publicly owned buses in the state have wheelchair lifts. Detroit recently bought 100 buses, but equipped only 20 with wheelchair lifts. The city did not have to follow the state law because it used city funds. ONLY 196 of the city's 606 buses — about 32 percent —— have the wheelchair equipment. By comparison, 140 of SEMTA’s 202 buses — more than 69 percent — are equipped with the lifts. And 440 of Denver's 760 buses — 58 percent — have the lifts. Denver's policy is to equip all new buses with the lifts: and the handicapped groups say they consider Denver's system a model that should be adopted by others. Clark complained that the Detroit lifts often don't work. “They don't maintain them at all," Clark said. “We'll be going into federal court soon to complain about the situation." CLARK’S GROUP has a five-year-old lawsuit pending before Federal District Judge Richard Suhrheinrich, charging Detroit with violating U.S. handicap access laws for mass transit, public buildings and walkways. The law requires that public property be accessible to the handicapped. Clark said members of his group monitor Detroit buses for operating lifts by attempting to board them while in wheelchairs. He said the group annually checks five routes Gratiot, Woodward, Grand River, Crosstown and East Warren — designated by D-DOT for handicapped access. "But even on those routes," Clark said, "we can't find any that work." By contrast," he said, "SEMTA maintains its lift equipment. D-DOT officials could not be reached for comment. Mayor Coleman A. Young’s press secretary, Robert Berg, referred questions on Detroit's recent bus purchase in state officials. NEIL LINCOLN, a spokesman for the Denver system, said it has come a long way quickly. “The lifts still break down," he added, “but not nearly as often." However, some cities like Chicago and Cleveland have not bought any wheelchair lifts because of the cost and maintenance problems. Spokesmen for those cities said they prefer to develop dial-a-ride and van service for the handicapped. Detroit has no dial-a-ride or van service. NEWS GRAPHIC: Handicapped accessible buses Here's a look at the number of buses that are handicap accessible and average number of daily riders on 6 transit systems: Wheelchair Lifts: Baltimore has 100. Chicago has 0, Cleveland has 0. Denver has 440, Detroit has 196, SEMTA has 140. Total Buses: Baltimore has 900, Chicago has 2,275, Cleveland has 656, Denver has 760, Detroit has 603, SEMTA has 203. Daily Riders: Baltimore has 240,000, Chicago has 1.6 million, Cleveland has 263,400, Denver has 160,000, Detroit has 180,000, SEMTA has 203,000. (59 small vans for handicapped, all wheelchair accessible.) end of news graphic. PHOTO: News Photo by W. Lynn Owens: A man in a jean jacket and hoodie, with bushy dark hair and a beard stands, back to the camera, by the door of a Denver Transit bus. On the steps at the doorway a thin young person is sitting, hands raised to grab on, as this person tries to lift themselves backward up and onto the bus. On the curb in front of these two people sits an empty manual wheelchair. Inside the bus you can see the silhouette of the bus driver sitting in the drivers seat.