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ADAPT (296)
Handicapped Coloradan Volume 9, No. 3, Boulder Colorado October 1986 [There are two articles included here.] Headline: Rosa bows out at last minute PHOTO: by Melanie Stengel, courtesy of UPI Three uniformed police officers surround a woman in a scooter (Edith Harris) and hold her arms. They are in front of a city bus, and behind them you can see a fourth officer and a city building. The caption reads: EDITH HARRIS, 62, of Hartford, Conn., is arrested by police during demonstrations in Detroit in early October. Harris, a grandmother who lost her legs to diabetes, was in Detroit to picket the national convention of the American Public Transit Association (APTA). Harris has participated in similar demonstrations in Washington, D.C, and Los Angeles, Calif. She was also arrested in both those cities. Ironically, Harris compares herself to Rosa Parks, the black civil rights leader who decided at the last minute not to participate in the Detroit transit demonstrations. Title: Blacks blast ADAPT [This article continues in ADAPT 288 but the entire text is included here for easier reading.] Civil rights heroine Rosa Parks shocked disabled groups when she said at the last minute that she would not participate in any actions protesting Detroit's lack of accessible public transit. “We do not wish any American to be discriminated against in transportation or any other form that reduces their equality and dignity," Elaine Steele an assistant to Parks, said in a letter dated Oct. 3 and delivered to Wade Blank, co-founder of the American Disabled for Accessible Public Transit (ADAPT). "However," we cannot condone disruption of Detroit city services." Parks had said she would appear at a Sunday, Oct. 5, news conference and possibly lead a march across Detroit. Steele said that Parks "supports active peaceful protest of human rights issues, not tactics that will embarrass the city's guests and cripple the city's present transportation system.“ Blank said he asked Steele how their tactics differed from those used by Parks and other blacks to fight segregation in the South in the 1950s and 1960s but she was unable to provide him with a satisfactory answer. Parks is credited with igniting the civil rights movement when she refused to give up her seat to a white man on a Montgomery, Ala. bus in 1956. Parks' defiant action caused a Montgomery minister, Martin Luther King, Jr. to organize a black boycott of that city's buses. Detroit Mayor Coleman Young and CBS newsman Ed Bradley — both black -- were scheduled to address the national convention of the American Public Transit Association (APTA) and reportedly asked Parks not to embarrass them by participating in the ADAPT action. Blank said that Parks had wavered once or twice in the weeks before the convention, but that he had managed to persuade her to stick to her original decision. But less than a week before the convention opened, Parks and her staff met in long session, and decided to support ADAPT. The Handicapped Coloradan has so far been unable to reach Parks or her representatives to learn what made her change her mind so suddenly. Blank said that he "wouldn’t be surprised to learn that Chrysler or Ford told her that they wouldn't contribute to the Rosa L. Parks Shrine if she went through with the action.” Parks is currently involved in raising money to commemorate her role and that of other blacks in the struggle for equality. But Blank stopped short of condemning Parks, saying that the 74-year-old leader has earned the respect of everyone for her actions in the 1950s. He said, "Maybe it just isn't her time any more. If I had known we were going to put her on the spot like this, I wouldn't have done it. She was under a lot of pressure. Apparently the phone never stopped ringing.” However, Blank had plenty to say about Bradley, who is a regular on the highly rated television news program "60 Minutes." Before giving a speech on apartheid in South Africa, Bradley told the 2300 APTA delegates that ADAPT had asked him not to appear at the convention. Bradley said he talked with both Young and Parks and all three agreed that they did not approve of the tactics used by the disabled group. Blank said he tried to contact Bradley by phone on at least six different occasions during the two months preceding the convention but was never able to get past his secretary." "We wanted to explain our position, but he apparently wasn't interested. This may tell you just how much homework they do on ‘6O Minutes.' Maybe people who make their living by intimidating others can't take it themselves," Blank said, referring to the often adversarial approach used on the program. “Blank said he was never able to ‘get through to Young directly but a member of Young's staff said they were welcome to ride the city's buses. "Then they arrested us for doing just that," he said. The state of Michigan requires that all transit systems receiving state funds be wheelchair accessible, but the city of Detroit avoids that requirement by financing its own transit system. Representatives of the suburban Southeastern Michigan Transportation Authority (SEMTA), which is accessible, said it would be willing to introduce a pro-accessibility resolution at the next APTA convention if it can find two or three co-sponsors, according to Blank. Young defended ‘Detroit's policy at a news conference by saying that he couldn't "make gold out of straw" to pay for the lifts. Young attacked ADAPT for employing “sabotage and sensationalism” and accused the group of taking "advantage of their disabilities" to block buses and get publicity for their cause. “That's not the way to win cooperation," he said. Blank said the only time people in power take notice of disabled people is when they engage in civil disobedience, pointing out the efforts their opponents made to discredit ADAPT. “The police told us that APTA had told them we were urban terrorists." He said he was sure few people in Detroit knew of the difficulties encountered by persons with disabilities in using public transit before ADAPT hit town. Blank said he tried to get Jesse Jackson and his rainbow coalition to support ADAPT in Detroit, but every time he telephoned he was told that “Jesse was in the air" flying to another appearance. Some members of Jackson's other group, PUSH, did participate in some of the Detroit demonstrations. Blank said he was saddened that so many blacks could not understand ADAPT's motives. “I guess it was just one human race story running up against another" he said. PHOTO: The dark figures of 3 Detroit police officers loom into the frame from all sides. Through a small hole between their arms you can see the face and chest of a man (Ken Heard) they are surrounding. Below their arms you can see the wheels and frame Ken's wheelchair. Caption reads: Detroit police had their hands full when they placed Ken Heard under arrest. Title of 2nd article: 54 arrested in transit showdown [This article is continued in ADAPT 295 but the entire text is included here for easier reading.] At least 54 demonstrators were arrested in Detroit as disabled groups once again laid siege to a national convention of their arch-foe, the American Public Transit Association (APTA). Seventeen or 18 protesters (accounts vary) were arrested Monday, Oct. 6, when they attempted to board -- and block -- Detroit city buses, which are mostly not equipped with wheelchair lifts. Those arrested were released on a $l00 personal bond and were ordered not to participate in any actions that would lead to a second arrest. The next day, Tuesday, Oct. 7, 37 protesters, including 13 repeat offenders, were booked by police for blocking one of the two entrances to the McNamara federal office building. Twenty-four of these were released after posting the $100 personal bond apiece, but the repeat offenders had bail set at $1,000 each. Even as the protesters, primarily members of the militant American Disabled for Accessible Public Transit (ADAPT), began pouring into Detroit Friday night, the Wayne County jail was already filled to its 1700 person capacity and was turning away all prisoners charged with misdemeanors. The 13 two-time offenders were held Tuesday night in a gym at police headquarters which has bars on the windows and which has been used on other occasions as a holding area for prisoners waiting to be incarcerated. Ironically, the gym's facilities were not accessible to persons in wheelchairs, and police were obliged to carry their disabled prisoners when they needed to use the restrooms. Outside police headquarters, another 60 demonstrators gathered and staged an all-night candlelight vigil. As in other cities where ADAPT has staged demonstrations in its fight to win mandatory accessible public transit, the police said they were in a [unreadable.] More than one officer complained that you can't help but look bad when you arrest someone in a wheelchair. The Detroit police had received briefings from other cities visited by ADAPT and had given some special training to officers in dealing with disabled protesters. ADAPT had originally been granted a parade permit to stage a march on the Westin Hotel where APTA conventioneers were meeting, but Mayor Coleman Young and police went to the city council and got the permit rescinded. No parade permit was issued when ADAPT marched on APTA in Los Angeles, but police made no attempt to push the marchers off the streets and in fact routed traffic away from the demonstrators. However, in Detroit police dogged ADAPT marchers for two miles, making [unreadable] protesters stuck to the sidewalks, even when obstacles such as a large puddle of water hampered, their progress. ADAPT spokesperson Wade Blank said the Detroit action cost $20,000 and that the group was seeking additional financial assistance to continue to press their fight, which has taken them to APTA's national conventions in Denver, Washington, D.C., and Los Angeles, as well as to regional meetings in San Antonio, San Diego, and Cincinnati. Blank said several reporters asked him about reports that ADAPT was being funded by lift manufacturers. “I’m sure someone with APTA planted that question to try and discredit us,” he said. Blank said ADAPT had received contributions of $100 each from two lift manufacturers but that this was for other projects. “Besides, that isn’t enough to make bail for more than two people." APTA'S 1987 convention is set for San Francisco and ADAPT is already beginning to lay the groundwork for disrupting that meeting. “People ask why we do these kinds of things (civil disobedience)," Blank said. “But look how much publicity we get. People are finally getting the word about what public transit really means to someone in a wheelchair.” California has required all public transit systems to convert to accessible systems as they replace old equipment, but Blank said he’s heard that there have been some problems with the Bay Area Rapid Transit (BART) in recent months. But before they head for San Francisco, ADAPT has been asked by disabled groups in Boston for assistance in setting up a program to pursue accessible transit there.
ADAPT (484)
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.