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+ DOT + Tim Cook 4
ADAPT (607)
[Headline] Disabled score transit win [Subheading] Court: Buses must have wheelchair lifts BY The Associated Press The Standard Times 2-14-89 New Bedford, Mass PHILADELPHIA — A U.S. appeals court ruling requiring wheelchair lifts on new public buses nationwide is the most important victory yet for disabled Americans seeking access to mass transit. plaintiffs’ lawyers say. In its 2-1 ruling Monday, the 3rd U.S. Circuit Court of Appeals is also upheld a lower court order that the federal Department of Transportation eliminate a 3 percent cap on the amount of money transit authorities must spend to improve transportation for the disabled. “The impact of the majority’s decision will be very substantial throughout the country and will interfere with the local decision-making authority," Judge Morton I. Greenberg wrote in his dissent. “I feel the court is overreaching." The majority opinion by Judge Carol Lois Mansmann said a Transportation Department regulation requiring all new buses to accommodate wheelchairs conflicts with a regulation allowing communities to offer only an alternative service to the disabled. The court noted that a 24-hour reservation needed for the alternative service hinders spontaneous use of mass transit, and ordered transit authorities to make "reasonable accommodations to their programs. i.e. purchase wheelchair-accessible buses." The cost of improving transit services for the disabled would depend on each system, Timothy Cook, who represented the plaintiffs, has said. It costs $15,000 to equip a bus with a wheelchair lift and buses cost about $200,000, according to Joaquin Bowman. a spokesman for the Southeastern Pennsylvania Transportation Authority. Judge Greenberg said the section concerning wheelchair lifts for new buses was not meant to apply to transit systems choosing alternative transportation for the disabled. He also said the 3 percent cap imposed in 1986 by the Reagan administration was not arbitrary. A coalition called Americans Disabled for Accessible Public Transportation, which has chapters in 25 cities and whose members have been arrested at demonstrations around the country, filed the class-action lawsuit against the Transportation Department last year. Mr. Cook, who argued ADAPT’s case. called Monday's ruling "a major, major victory for the handicapped community. . . . We can't say enough positive things about it.” "We won on all points," added Stephen Gold. another ADAPT attorney. Mr. Cook. director of the Washington-based National Disability Action Center, said he hoped the ruling would not he appealed in light of President Bush's comments about wanting to bring the disabled into the mainstream. Transportation Department officials in Washington could not be reached for comment after office hours Monday. ADAPT contended that a provision of the federal regulations allowed authorities receiving federal transportation funds to exclude the disabled from “effective and meaningful" access.
ADAPT (596)
Page 8-A EXPRESS-NEWS, San Antonio, Texas, Tuesday, February 14, 1939 [Headline] Federal court order could have impact on VIA budget Complied from Staff and Wire Reports INSERTED QUOTE: “ The impact of the majority‘s decision will be very substantial throughout the country and will interfere with the local decision-making authority. I feel the court is overreaching." - Judge Morton Greenberg PHILADELPHIA — A court order Monday requiring the US Department of Transportation to require transit authorities to equip new buses with wheelchair lifts could have a significant impact on the budget of San Antonio's VIA Metropolitan Transit. Attorneys who brought the lawsuit that led to the ruling called it the most important decision ever handed down for handicapped people needing public transportation. Carol Ketcherside, assistant for governmental affairs to VIA manager Wayne Cook, said the wheelchair lifts add at least $15,000 to the cost of a new bus. The average life-time of a VIA bus is 12 years, she said, and when the expense is spread across a fleet of 500 buses, the cost for lifts "would be significant." The $15,000 cost does not include the cost for maintaining the lifts or for refitting bus stops to make them accessible, she said. All bus stops being built by VIA currently are accessible, however. The 3rd U.S. Circuit Court of Appeals said Monday a Transportation Department regulation requiring all new buses to accommodate wheelchairs conflicts with another allowing communities to offer only an alternative service, such as special vans to the handicapped, which VIA offers. The court said a rule requiring reservations 24 hours in advance for use of the alternative transportation hinders the spontaneous use of mass transit by the handicapped. As a result, the court ordered transit authorities to make "reasonable accommodations to their programs, i.e. purchase wheelchair-accessible buses." The court also upheld a controversial decision requiring the Transportation Department to eliminate a cap on the amount of money transit authorities need to spend on making transportation accessible. A federal judge ordered VIA in 1985 to upgrade its services for the handicapped following a class action suit brought in 1983. The bus company's response was to create VIAtrans, a fleet of specially equipped vans that provide service to the handicapped who give advance notice. Ketcherside also said VIA already spends more than the 3 percent maximum the Transportation Department can require for its accessibility programs. "We far exceed the requirements of the federal government" she said. She said VIA will have to wait to see whether the Transportation Department will appeal the ruling or issue new regulations in accordance with the appeals court order to determine how it will affect the transit company. A coalition of disabled people and 12 organizations called Americans Disabled for Accessible Public Transportation (ADAPT) filed the lawsuit last year that led to the appeals court decision. ADAPT contended that a provision of the federal regulations allowed authorities receiving federal transportation funds to exclude the handicapped from "effective and meaningful" access. The provision allows transit authorities to decide among three types of handicapped-accessible transportation: accessible buses, vans for the handicapped, or combination of the two. U.S. District Judge Marvin Katz overturned the provision in cases where the transit authority buys any buses. He also overturned a regulation requiring authorities to spend no more than 3 percent -- of their average annual operating budget on transportation for the handicapped. Katz called the limit arbitrary and said it allowed transit agencies "to eviscerate the civil right" to transit service that Congress mandated for the handicapped. Circuit Judge Carol Las Mansmann in writing the 2-1 opinion also cited Congress' intent. "Congress wanted to provide the disabled with the capability to utilize mass transit to the 'maximum extent feasible.' The DOT has failed to show that requiring the future purchase of accessible buses oversteps this legislative intent." Mansmann wrote. In a dissenting opinion, Judge Morton Greenberg said the section requiring new buses to be accessible was not meant to apply to transit systems choosing paratransit system, such as special vans. He also [said] the 3 percent cap was not arbitrary. “ The impact of the majority‘s decision will be very substantial throughout the country and will interfere with the local decision-making authority," Greenberg wrote, "I feel the court is overreaching." Timothy Gold [Cook] who argued the case before the court, said the ruling was “a major, major victory for the handicapped community ... we can't say enough positve things about it." Gold [Cook], who is now director of the Washington-based National Disability Action Center, said he hoped the ruling would not be appealed in light of President Bush's recent comments about wanting to bring the handicapped into the mainstream."
ADAPT (593)
2/89 New York Times [Headline] Court Orders Buses Fitted for Handicapped PHILADELPHIA, Feb. 14 (AP) - A Federal appeals court ordered the Department of Transportation on Monday to require transit authorities around the country to equip new buses with wheelchair lifts. In its ruling, the United States Court of Appeals for the Third Circuit, in Philadelphia, said another Transportation Department regulation allowing communities to offer the handicapped services like special vans hindered the spontaneous use of mass transit by the disabled. The court also upheld a decision requiring the Transportation Department to eliminate a 3 percent limit on the amount of money transit authorities must spend to make transportation accessible. The lawsuit, filed by Americans Disabled for Accessible Public Transportation, a coalition of disabled people, and 12 organizations, attacked a provision of the Federal regulations on public transportation that allows local authorities to offer people in wheelchairs transportation in buses, special vans or a combination of the two. Judge Carol Los Mansmann of the appeals court, writing the 2-to-1 decision, said, "Congress wanted to provide the disabled with the capability to utilize mass transit to the ‘maximum extent feasible.'" Timothy M. Cook, director of the Washington-based National Disability Action Center, who argued the case before the court, said the ruling was "a major, major victory" for the handicapped. But a spokesman for transit agencies said the ruling did not address vexing problems. Albert Engelken, deputy executive director of the American Public Transit Association, said wheelchair lifts receive limited use where they exist and are an added expense to transit agencies at a time when Federal subsidies have been dwindling. Many local transportation officials declined comment on the ruling because they had not seen it. But Peter Dimond a spokesman for Massachusetts Bay Transportation Authority in Boston, said, "we have made a pledge that all buses we purchase in the future will be lift-equipped." It costs $15,000 to equip a bus with a wheelchair lift and buses cost about $200,000, according to Joaquin Bowman, a spokesman for the Southeastern Pennsylvania Transportation Authority.
ADAPT (476)
June 1989 ROLL CALL Page 11 [Headline] CORD Reps Join ADAPT in Philadelphia to Support Third Circuit Ruling Amy E. Hasbrouck & Kent Killam When the Third Circuit Court of Appeals in Philadelphia handed down its landmark decision in February — mandating lifts on new public transit buses, and eliminating the 3% cap on spending for access -— only three of the 12 judges ruled in the case. Usually such rulings stand unchallenged, but in this case the Bush administration chose to file a motion to have the decision reheard, according to Bill Henning, Director, and Kent Killam, an Organizer/Advocate at the Cape Organization for the Rights of the Disabled (CORD). On Monday, May 15, all 12 judges heard arguments in a suit filed by American Disabled for Accessible Public Transportation (ADAPT) demanding “meaningful” access to public transit for people with disabilities. Over 50 disabled rights activists turned out in Philadelphia over the preceding weekend to voice support for the original ruling, and objection to inaccessible public transportation. Many local activists were on hand for the weekend protests, including, Bill Henning, Michael Early, Killam and several others from CORD; BCIL member Leo Lucas; Fred Zepernick, an organizer for the Cape United Elderly; and Brian Shea, a member of BCIL’s Consumer Affairs Committee. Killam described what happened when the protesters arrived in Philadelphia on Friday afternoon. “We marched into the courthouse requesting to see the U.S. Attorney [Baylson] for the Philadelphia District," he said. “We could only get five people in through security, because they said the Attorney’s office was small. It got a little heated with security, and at one point we wound up blocking the metal detector and the gate. If they weren’t going to let us in to see the attorney and then we said ‘no one was going.’ They dragged chairs away, and we would wheel right back in.” Killam said the scene ended with Baylson phoning Attorney General Richard Thornburgh who was assisting the Department of Transportation (DOT) on the case. Baylson also met with the activists in the Ceremonial Court, an accessible courtroom on the first floor where the hearing would be held on Monday. “He said he had placed the call and expressed our concerns; how important this decision is for persons with disabilities to get out and be able to mainstream, the disabled term for integration. We were here showing our support and trying to express how important it was that this decision not be overturned.” Killam said Baylson sounded receptive. “On Saturday at 1 p.m. we gathered outside the courthouse on Sixth and Market streets," Killam continued. “We decided we wanted to ride the bus to New Jersey. To sum it up, we had three buses blocked." Bob Kafka of ADAPT crawled onto a bus at curbside, and as a second and third bus arrived, each was blocked and one demonstrator would leave his or her chair and climb onto the bus. Killam said when the second bus arrived, “The bus driver was holding up his hands saying ‘OH NO, not me!’ If they were smart they wouldn’t’ve let him through. We blocked that quarter of the intersection, traffic was blocked, people were pissed. They wound up having to let the motorists drive one at a time on the sidewalk. We plastered the buses with ADAPT stickers. “I didn't crawl on initially,” said Killam, who volunteered when another activist could not continue. “Toward the end I wasn't thinking much. I was thinking of what we had accomplished. And hoping it would make a difference, come Monday.” The police called the media, a press conference was held, then the demonstrators cleared the street. No arrests were made, and the police were very cooperative, according to Killam. “I felt people around were getting the point. I'm not sure if the proper people got the point." Killam said that one TV station gave the event limited coverage. “That night it was like a 25 or 30 second clip. ‘Bunch of radical gimps block buses’ that was about it." CORD Director Henning summed up the message of the action: “Without lifts on buses, the only way we can get on was to crawl.” On Sunday the group gathered in front of Independence Hall. Many people wore Revolutionary War costumes tri-cornered hats and white wigs. Someone also carried an ADAPT flag which resembles the American flag except that stars are arranged to form the international symbol of accessibility. The group marched around the two-block perimeter of Independence Hall. “When we were having the march a lot of people were applauding and taking pictures," said Killam. “Much better response on Sunday than on Saturday; we weren't blocking the buses." The march ended in the Liberty Bell pavilion. “We decided to rename it the Access Bell, as a lot of organizations have adopted it as their trademark. “We then marched across the street to the courthouse and did our all-night vigil. It started raining a little, but the building had an overhang. Different TV stations showed up. One station did a beautiful piece on the 11 o’clock news. One crew came at four in the morning to get footage for their 6:15 morning news on Monday. No one tried to make us leave. “Monday morning finally rolled around, and we went inside the courthouse to wait for the hearing. I'm told the hearing went well. Tim Cook, the attorney for ADAPT, did an excellent job! He was very to the point, well-worded, his thoughts were well organized, and he answered the questions very well. The DOT attorney was just mediocre." Bill Henning noted some highlights of ADAPT ‘s presentation. “Tim argued that federal statute guarantees access and so all buses must have lifts. Providing lifts is not a hardship economically and without lifts, there is extreme discrimination. The opposing attorney said it would be an undue burden to provide lifts." Henning wondered if crawling onto a bus is not an undue burden? He said it could be up to four months before the decision comes back, and described some possible outcomes. "They have a number of options, which range from accepting the original decision, to reconsidering it and issuing an entirely new decision." Henning said all the actions were designed to raise consciousness. “To that effect I think it was extremely well done," he said. “There was national attention on the event. This is an important decision because what it filters down to is that separate is not equal. It's vital that there be popular support. A lot of activists put themselves on the line for the cause."