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Home / އަލްބަމްތައް / ޓެގުތައް 14th Ammendment
+ APTA suit 3
ADAPT (350)
San Francisco Bay Guardian 9/23/87 Disabled to march for transit access By: Cheryl Davis When members of the American Public Transit Association gather in San Francisco during the last week of September, they will be met by disabled people from across the country who plan to demonstrate against a national transit policy they say is unfair because it separates them from other transit users. Specifically, disabled activists intend to protest the widespread use of special vans to transport disabled riders door-to-door, a system commonly referred to as “paratransit.” That system, they say, is a form of segregation. In its place, they argue, all buses and trains should be equipped to accommodate people in wheelchairs as part of as overall policy fully integrating the disabled into society. “Full accessibility,” they argue, is a right that should not be denied because of cost. Paratransit is impractical as well as offensive, disabled transit riders say. Burr Overstreet, a Santa Rosa man who uses a wheelchair, called paratransit “a paternalistic system that screws people over, costs a fortune and it’s the first thing cut during economic downturns.” Paratransit users “are made to feel like helpless hospital patients,” Les Treece-Sinclair, a wheelchair user and staff person at the September Alliance for Accessible Transportation, a Northern California coalition, told the Bay Guardian. Most Bay Area transit districts, including the San Francisco Municipal Railway, use a combination of buses with lifts and paratransit vans for disabled and elderly patrons, and California law requires that all new buses be equipped with lifts. Local transit agencies have a good reputation nationally for working closely with disabled and elderly patrons. But, even so, there are problems. “Supposedly we [in Marin] have one of the better systems,” Overstreet said. “The combination of fixed-route and paratransit should in theory be fairly effective, but it’s not. The paratransit only runs Monday through Friday, 9 am to 3 pm. Disabled riders have to reserve in advance and disabled people who work cannot use such a paratransit system either to work or to socialize.” “Paratransit doesn’t come close to meeting the transport need of elderly and handicapped people,” said Treece-Sinclair. “At the moment, on many bus lines only every third or fourth bus will be accessible.” Jose Rodriguez, a public information officer for the Metropolitan Transit Commission, told the Bay Guardian Bay Area transit districts “are working hard to meet a basic level of service but we are aware of the need for improvement. As always, this is contingent on securing needed funds.” The debate between disabled people and much of the public transit industry centers around interpretations of Section 504 of the 1973 Rehabilitation Act, which states that persons with handicaps cannot be discriminated against under any program receiving federal funds. Since mass transit relies heavily on federal funds, Section 504 serves as a rallying point for disabled activists who argue for making all public transit wheelchair-accessible. The U.S. Department of Transportation in 1979 issued regulations that required full wheelchair access on newly ordered buses and called for retrofitting existing buses and modifying portions of existing rail systems to accommodate disabled users. Disable activists applauded the regulations, but APTA lobbied Congress vigorously, claiming the regulations were costly, unworkable and designed to reach only a small percentage of the disabled population. A 1979 Congressional Budget Office report supported APTA’s claims and called instead for paratransit systems. APTA sued to overturn DOT’s regulations and the U.S. Court of Appeals for the District of Columbia ruled in 1981 that the regulations exceeded the scope of the Rehabilitation Act. DOT interim regulations gave local communities the option of determining levels of accessibility and many transit districts opted for paratransit. Paratransit advocates argue that outfitting buses with lifts and other special equipment is too expensive, given the number of disabled riders. Santa Clara County Supervisor Tom Legan, for example, said at a January board meeting, “We’re spending $3.5 million per year [maintaining] lifts for what amounts to 57 boardings per year.” But disabled activists say the official estimates of disabled ridership are too low. Palo Alto resident Brian Bolitho, who uses a wheelchair, told the Bay Guardian his commute to work alone account for more than 200 boardings per year on Santa Clara buses. Dennis Cannon, a transportation, specialist the federal Architectural and Transportation Barriers Compliance Board, told the Bay Guardian, “The actual use of accessible buses could be five times higher, or more, than transit agency estimates. The driver often simply guesses the number of obviously disabled passengers.” Much of the expense of repairing lifts, Cannon added, could be avoided by improved maintenance and better training of bus operators. Some APTA members, Canon said, are reappraising the adequacy of paratransit. James Lee, accessibility coordinator for Alameda County Transit, agreed. “Since 1976, study after study has documented the inadequacy of paratransit. It is not cost-effective, nor is it demand responsive,” he told the Bay Guardian.
ADAPT (202)
Handicapped American, 12/84 Two articles: Article #1: [Headline] Anti-APTA Protest Grows as Disabled Demand Bus Lifts Disabled activists in several states are pressing the attack against the American Public Transit Association (APTA) in an attempt to persuade that organization to support wheelchair accessibility. At its seventh annual delegate assembly in November, the Coalition of Texans with Disabilities [CTD] urged all transit providers in that state to withdraw from APTA. “It is the urgent desire of CTD and its 77 organizational members across the state that Texas become a model of full, equal access to all transportation systems," according to the CTD resolution. CTD President Marshall Mitchell said that APTA'S transportation philosophy “is a powerful tool for discrimination and denies the vast majority of disabled persons equal access to the community." CTD is also opposed to paratransit as an alternative to wheelchair lift equipped buses because this "provides disabled people only limited use of the locally operated transit systems in all Texas cities." Mitchell said that not only does paratransit violate the equal protection clause of the l4th Amendment but operating two separate systems "is infinitely more expensive than would be totally accessible systems with only limited door-to-door service to meet the needs of those who could not use mainline service." APTA is holding a Western Regional Conference in San Antonio in April (see related stories). Meanwhile in November a spokesperson for disabled groups in neighboring Louisiana has requested that APTA's board of directors reverse its position on accessibility. Susan M. Daniels, in a letter to APTA chairman Warren Franks, said that "disabled people will no longer sit quiet while their rights are abridged." Daniels points out that the Regional Transit Authority which serves the Greater New Orleans area is not accessible, making it impossible for disabled people in that city to participate on an equal basis in community activities with nondisabled persons. In California, disabled activists are seeking to cut off the flow of public money to APTA. At its December meeting, the California Association of the Physically Handicapped (CAPH) passed a resolution calling upon various branches of the federal government to withhold funds earmarked for APTA because such payments represent "a misappropriation of public funds." More than 60 percent of APTA's operating money comes from public funds, according to the CAPH resolution. CAPH charges that this money is being used in part “to deny handicapped individuals the benefits of transportation services requiring federal financial assistance." In addition to blocking the flow of federal dollars to APTA, CAPH urges "that all public transit agencies be prohibited from paying APTA dues" while any investigations of APTA are in progress. Article #2: [Headline] Texans Plan San Antonio Showdown Chances are if you board a public bus anywhere in Texas you won't find any riders in wheelchairs. That's all going to change if Jim Parker of El Paso has anything to do about it. Parker and several other people in wheelchairs from across Texas have organized the state chapter of the American Disabled for Accessible Public Transit (ADAPT), a new national group that is trying to force bus companies and manufacturers to equip all buses with wheelchair lifts. In 1979, the Carter administration's Department of Transportation mandated such a policy, but the American Public Transit Association (APTA) successfully fought those regulations in court, arguing that it was a judgment best left to the discretion of the local transit provider. Disabled activists argued that such "local option” policies are no different from the old states’ rights arguments used in the South to block integration and lead to policies similar to "separate but equal" laws. Reagan's Department of Transportation has generally sided with APTA in this dispute and has suggested that paratransit services could provide similar service to the disabled at less cost. Opponents of lifts argue that they're unreliable. In Houston, Metro's Grumman Flexible buses’ wheelchair lifts were removed because the company said they caused too many maintenance problems. Continued on p. 4
ADAPT (200)
The Handicapped Coloradan, vol.8, no.7, Boulder, CO February 1986 (This article is continued in ADAPT 198 but the entire article is included here for ease of reading.) PHOTO 1: Along a street a large line of people in wheelchairs and others move past a shady park with vendors with small umbrellas over their stands. Several of the protesters carry placards in their laps, one of which reads: A PART OF NOT APART FROM. Faces are too dark to tell who is in the line. Caption reads: In the shadow of the Alamo a wheelchair column moved along the streets of San Antonio, Texas in April 1985. Protestors were heading for the hotel headquarters for the regional convention of the American Public Transit Association. PHOTO 2: Mike Auberger, with his mustache, trimmed beard and shoulder length hair looks at the camera with his intense eyes. Wearing a light colored sweater and shirt with a collar, he sits in his wheelchair which is mostly visible because of his chest strap. Caption reads: Mike Auberger of Denver was one of some 16 Coloradans who went to Texas to protest the lack of accessible public buses. [Headline] The eyes of Texas are on outside agitators -- and a lot of folks from down the street There's never been much love lost between Coloradans and Texans, at least not since those folks from the Lone Star State first wandered into the Rocky Mountains and discovered deep powder in the winter and cool valleys in the summer. As Winnebago after Cadillac after pickup poured across Raton Pass, Coloradans greeted Texans with open cash registers and - increasingly -- ridicule. Our scorn for Texans even reached into the highest office in the state when Governor Dick Lamm greeted his Texan counterpart with this joke: A Texan died here recently and we couldn't find a coffin large enough, so we gave him an enema and buried him in a shoebox. Texans were not amused, though by now they should have come to expect such treatment. We've been squabbling ever since a detachment of Colorado militia turned back a Texas Confederate army at Glorietta Pass during the Civil War. Each summer now we give Texas a chance to even the score down near Alamosa in a rotten tomato battle. OF course we always make sure our army's bigger. That animosity, however, doesn't carry over to the disabled population of the two states. In fact, a dozen or more militant wheelchair activists from Colorado have been rolling onto the streets of several Texas cities during the past couple of years to aid their counterparts in the battle to force Texas transit systems to make their buses wheelchair-accessible. "After Colorado, Texas is out best organized state," Wade Blank, the long haired ex-preacher who helped found American Disabled for Accessible Public Transit (ADAPT) in Denver two years ago. ADAPT chapters have sprung up in several other states, notably Illinois, Maine, and Connecticut, but none have garnered as many active members as Texas. Scores of Texans have blocked buses in San Antonio, Houston, Dallas and El Paso in recent months to focus the attention of the state's media on the lack of accessible buses. Part of ADAPT's success in Texas lies in the fact that there are so few lift-equipped buses in this huge state. Some Texas cities did order accessible buses when the Carter administration's Department of Transportation ordered mandatory accessibility in the 1970s. However, most of these lifts were never used as the American Public Transit Association (APTA), a national lobbying and policy making organization for transit systems, successfully fought the regulation in federal appeals court. APTA maintains that the local transit provider is the best judge of whether or not accessibility is feasible. Adverse climatic and geographical conditions are generally cited as the chief obstacles to lifts. Texas ADAPT leaders point out that few areas in Texas experience severe winter storms and that the state's larger cities are generally laid out on flat plains. That was one of the points wheelchair activist tried to make when they picketed in April 1985 regional APTA convention in San Antonio. A sizable contingent of Coloradans joined those picket lines, leading to a charge by the local newspaper, the San Antonio Light, that the demonstration was the work of outside agitators and that most of the city's disabled population was quite happy with using paratransit. Spot demonstrations and bus seizures soon followed in other Texas cities, while some Texas ADAPT members turned outside agitators themselves by participating in demonstrations at the APTA national convention in Los Angeles in October 1985. Several Texans including Jim Parker of El Paso and Bob Kafka of Austin, were among The dozens arrested. Supporters of lifts point to cities like Seattle and Denver where most of the buses are accessible -- and increasingly free of breakdowns. Denver's Regional Transportation District (RTD) maintenance crew made a few simple changes in some of their lift systems and managed to operate experimental buses without a single breakdown. ADAPT argues that some transit providers have deliberately sabotaged their lift systems to justify removing them. Opponents of lifts argue that paratransit--usually vans that pick riders up at their residences -- is more cost effective. Supporters point to Seattle where the cost per ride on mainline buses is less than $15 a trip, which compares very favorably with the best deals offered by paratransit systems. Convenience is a major factor too, according to Mike Auberger of ADAPT-Denver, who points out that most paratransit systems require two days' advance notice and users might have to travel all day just to keep a 15 minute dental appointment. "Me, I like being able to roll down to the corner bus stop," Auberger said. ADAPT grew out of coalition of Denver disabled groups who were successful in battling RTD over wheelchair lifts. Protestors seized buses and chained themselves to railings at RTD headquarters before the battle was won. Two years ago they went national when their arch foe, APTA, held its national convention in Denver, APTA refused to allow ADAPT to present a resolution to the convention calling for mandatory accessibility until pressure was brought to bear by Denver Mayor Federico Pena, a pro-lift advocate. APTA declined, however, to vote on the issue, and ADAPT picketed the group's 1984 national convention in Washington, DC, in October. Twenty-four protestors were arrested during the demonstration, including Parker. Parker, who was joined in Washington by four other Texans, isn't through with APTA yet. When that group holds its Western Regional Convention in San Antonio April 20, Parker said they can expect almost as many demonstrators as went to Washington. "I can't think of any place in Texas where it (public transportation for the disabled) is as good as it is here in Denver -- in fact it's poor everywhere here. Dallas just decided to buy 200 or 300 new buses without lifts." The situation isn't any better in his home city of El Paso, according to Parker. "It's very poor here," he said. "There are 30 city cruisers here with lifts but the city has shown no desire to use them." Parker thinks too many people in wheelchairs are too passive. "They're not used to pushing people, but we're starting to see some changes." However, Parker points out that Texas is a very conservative state and people -- including the disabled -- are slow to change. People wishing to participate in the San Antonio demonstration should call Parker (915-564-0544) for further information. PHOTO: Two bearded, bare chested wheelchair activists (Jim Parker, and [I think] Mike Auberger) are in the foreground. Parker, his shoulder length hair tied back with a bandana, sits with his foot up on his opposite knee, hands in his fingerless gloves. The two are facing away from the camera and talking with another man who is kneeling down beside them looking up at them. Caption reads: Jim Parker (center) of ADAPT-El Paso meets with a newsman during a picket of McDonald's. Many disabled persons objected to the fast food chain's refusal to immediately retrofit all of its restaurants so that they would be accessible to wheelchair patrons. Parker is currently involved in helping organize a demonstration at the Western Regional Convention of the American Public Transit Association (APTA) in San Antonio Oct. 20 - 24 [sic].