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Home / Albums / Tags APTA suit + maintenance 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 (285)
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. - 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].