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+ APTA - American Public Transit Association 7
ADAPT (151)
[Headline] A Wheelchair Protest Blocks Access to Transit Convention (AP) Photo: A man in an old style motorized wheelchair (Mike Auberger) with long hair sits a half a body length above several people standing on the ground. His mouth is open in a yell and his arms are flung wide. Caption reads: A wheelchair-bound protester is arrested and put aboard a lift-equipped van by Washington DC police. The unidentified man was among some 20 people arrested for blocking entry to the convention center where the American Public Transit Association meeting opened yesterday. Article reads: Public transit officals, opening their annual convention yesterday, were greeted with a wheelchair protests by about 100 disabled demonstrators who demanded that more be done to provide them access to buses, trains, and subways. About 20 people were arrested for breaking police lines after the protesters, linking wheelchairs blocked two entryways to the convention center where the meeting of the American Public Transit Association was under way. Jean Stewart of Poughkeepsie N.Y. who parked her wheelchair with others at the convention door, said they were trying to demonstrate that “disabled people across the country have a civil right to public transportation. As the protesters chanted outside the hall, Transportation Secretary Elizabeth Dole, addressing the transit officials inside said she is confident “we can meet our responsibility toward our disabled citizens” and “provide the mobility they require and deserve.” Last year the Transportation Department begin developing new regulations to allow local authorities to provide alternative transportation such as door-to-door van service- instead of modifying buses or train to accommodate the handicapped.
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Rocky Mountain News PHOTO by Steve Groer, Rocky Mountain News Staff: person in a manual wheelchair sits holding a sign that reads "Make Public Transit Public." In front of her people move suitcases from the sidewalk to a vehicle. [Headline] Access to buses is Demanded A member of a group called ADAPT, or American Disabled for Accessible Public Transportation, picks downtown Hilton Hotel where the American public Transit Association is meeting. ADAPT is demanding wheelchair access to all U.S public buses, and their motto is, “No taxation for Transportation”.
ADAPT (169)
Rocky Mountain News 10/26/83 Two PHOTOS (by Rocky Mountain News staff photographer David Cornwell). PHOTO 1: Close up of a man (Mark Johnson) and a woman (Renata Conrad aka Rabe) looking down at a paper, as if conferring. She is holding a microphone in her hand. Beside them sits another man. Caption reads: Mark Johnson and Renate Rabe speak at meeting with transit officials. PHOTO 2: Down a long institutional looking hallway a group of people in wheelchairs and people walking head away from the camera. caption reads: After the meeting, some in wheelchairs exit via hotel's freight elevator. [Headline] Freight elevator raises ill will at meeting By JOSEPH B. VERRENGIA Rocky Mountain News Staff Writer The dispute over access by the handicapped to public transportation crystallized Wednesday when wheelchair-bound speakers at a transit convention resisted suggestions that they use the freight elevator at the Denver Hilton to reach the upstairs meeting. “They (transit officials) told us to ride up the elevator that will later take down the garbage and trash from your lunch," Trudy Knutson of Denver told hundreds of bus and rail operators at a meeting of the American Public Transit Association. "This was ordered by ... your leadership," she told the transit operators. APTA officials said they suggest using the freight elevator because it is about 20 feet from the banquet hall where the convention was being held. They said lobby elevators were farther away and were packed with many of the convention‘s 3.500 delegates. "They were free to use whichever (elevator) they wanted." said Jack Gilstrap, APTA executive vice president. “The freight elevator is much larger. You can fit only a couple of wheelchairs in a (lobby) elevator at a time." About 50 handicapped persons from ll states and Washington, D.C., attended the convention‘s morning session as Knutson and others called on APTA to pass a resolution endorsing complete handicapped access on all public transit and other demands. Many of the disabled in the audience used the freight elevator to leave the hotel following the presentation of their demands. Gilstrap said it showed that APTA's suggestion was a practical one. However, Knutson and others said the freight elevator issue was indicative of the way many rail and bus systems treat their disabled riders as a nuisance or an afterthought. She said access to public transit is a civil right, a position many transit operators reject. "A society that puts a man on the moon can surely put a person who is in a wheelchair on a bus," Knutson said. The handicapped protesters received a boost from Atlanta Mayor Andrew Young, who met with the disabled outside the hotel after he spoke to the convention. "We have to design public transit to take care of everyone from (ages) 10 to 100," Young said. According to an agreement signed by APTA, handicapped groups and Mayor Federico Pena‘s office, handicapped activists were allowed limited picketing rights outside the Hilton during the convention and a 20-minute presentation during the general session Wednesday. Handicapped speakers asked for federally mandated 100 percent accessibility and a notice by APTA to bus manufacturers that its members will buy only accessible vehicles. Gilstrap said the group's demands would be referred to study groups and a resolution considered late. APTA has resisted 100 percent accessibility requirement because wheelchair lifts, elevators and other equipment are expensive and the number of handicapped riders is comparatively low. "It's tough to put money into services that aren't used" Gilstrap said. “It's a manager's dilemma. It‘s used so lightly that it‘s almost ridiculous." For example, Gilstrap said the Regional Transportation District is one of the leaders in handicapped transportation with 50 percent of its buses accessible during peak hours and 100 percent accessible off-peak. Yet, in 1982, he said, each of those buses averaged only 25 handicapped trips per year. Gilstrap said special van service where handicapped riders call in advance and get picked up at home is a better, albeit expensive, idea. "At least the money spent is spent on carrying people,“ he said. Denver also offers demand service. The trips-per year average is 1,490, making it far more popular than regular bus service. Handicapped groups believe van service is unconstitutional because it is separate but equal service.
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Disability Rag September/October 1987 RAGOUT WHAT'S COOKIN' [This article continues in ADAPT 305 but all the text has been included here for easier reading.] At the bottom of the page is a cute cartoon of a bus driving along crammed full of folks. “There's been more public discussion in 5 days than there’d been in 5 years" “Now we’re taken more seriously” —As time for ADAPT demonstrations in San Francisco draw near, this story of how one local disability group responded to the influx of ADAPT members from all over the country shows how ADAPT’s style of direct action can work with local disability groups more accustomed to working “within the system." - ed. When ADAPT members from all over the country began descending on Phoenix this spring to protest at the American Public Transit Association’s regional meeting, staff of the Arizona Bridge to Independent Living felt some anxiety over where our loyalties lay. The City of Phoenix had been receptive to the disability community. They'd purchased only accessible buses the last three years. Phoenix's Regional Public Transportation Association had spent hundreds of hours working with us. Yet we also knew from brief interaction with ADAPT that their strongly-worded opinions best expressed our frustration and anger at the system's unwillingness to commit to 100% accessibility. ABIL decided to work with both groups. Prior to their coming, we discussed with ADAPT the guidelines they’d follow in deciding what level of civil disobedience would be involved. We found ADAPT’s demand — that cities purchase only accessible buses in the normal course of replacing a fleet — a reasonable one. ADAPT wasn’t demanding bus systems retrofit their buses, or that they immediately replace all their buses with lift-equipped ones — just a long-term commitment to change. " A month before the APTA meeting, ABIL met with RPTA officials to discuss our and ADAPT's demands for accessibility. To our surprise, RPTA suggested their commitment be put in writing and adopted by their board! ADAPT was already having an effect — and they weren't even in town yet! The day before, ADAPT arrived. ABIL hosted a meeting for those disabled people from all over the community who were most likely to be contacted by media or others regarding the APTA/ADAPT confrontation. A consensus emerged that the disability community would maintain a united front; that the local community's interests were the same as ADAPT’s and that any public discussion beyond that — especially regarding ADAPT's "techniques" — would simply distract from the central issue: accessible mass transit. This single act of meeting and making these decisions was the thing most responsible for the success of our efforts. By spreading the word, we were able to keep from being forced into a public debate over the differences between persons with disabilities rather than focusing the debate on our common interest —- accessible public transit. Negative comments from a few individuals in the community were lost among the events of the next several days. ABIL found itself taking an increasingly larger role as protests and police reaction escalated, with some of us participating in the demonstrations, others calling politicians and media, putting pressure on local bureaucrats and helping to keep lines of communication open. The mayor of Phoenix, in the midst of the media barrage, made a public statement supporting the purchase of accessible buses. After APTA and ADAPT had left Phoenix, ABIL set up a meeting between the Mayor and local ADAPT members. It was the first time the Mayor had sat down with members of the disability community to discuss transportation. Although he and some transit system officials were still angry about the demonstrations, they were taking us more seriously. That's a tradeoff we’re willing to make. The ADAPT experience was a positive one for ABIL and the disability community in Phoenix. The events caused more public discussion about accessible public transit in those five days than there had been in Phoenix in the past five years. The longer the topic stayed in the news, the greater appreciation the public had for the need for accessible public transit. — Robert E. Michaels Executive Director Arizona Bridge to Independent Living, ABIL.
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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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[This memo is continued in ADAPT 408, but the text of both is contained here for easier reading.] TYPED MEMO [title] SECURITY FOR APTA EASTERN CONVENTION St. Louis - May 14 Through 19, 1988 Set up Command Post at Omni Hotel. A line of communication will be set up between Command Post (Bi-State and the Police Departments of concern. The command rank of all Police Agencies of concern will be shown the APTA film on previous convention, which ADAPT members demonstrated. Line of communication set up with officials at the Arch. A direct line of communication will be implemented between all teams, 8i-State Security in the field and the command post. Also, a line of communication will be set up between officers in the field, the police departments, and between each team. The 8i-State Security will consist of officers from the Under-cover and Reduce Fare Programs. These officers will be working in both uniforms and plain clothes. We will also have police officers from the U.P.S.P. from the E. St. Louis Police Department and the St. Clair County Sheriff's Department. These officers (U.P.S.P.) will be organized into teams. The size of each team will depend on their assignment. Communication has been sent to the San Francisco, California, requesting copies of the film they have regarding the demonstration of ADAPT at a convention in their city. There will be made available a camera crew, with VCR-35 M.M. and polaroid cameras to capture any activity of the demonstrators. This film will be made available for use in court if needed in the event there are arrests. It will also be very useful for future use. All moves from the hotel by APTA conventioneers on convention planned activities will be monitored. The final destination of these trips will be kept under surveillance by uniform and plain clothes officers. All planned convention activities away from the hotel will be monitored to the extent that alternative routes will be planned beforehand. These alternate routes and access will have a code number or name. Security and Command Post will have a complete schedule on any and all planned moves. No moves will be made without Security or Command Post knowledge of same. Alternate means of access at the final destination will also be planned ahead. [page] 1 There will be advanced Security Teams sent ahead, and if they find the routes or final destination has ADAPT demonstrators gathering, this information will be sent immediately and directly to Command Post. It will be at this time the Command Post will give the Code as to what route and entrance to use. All team captains will have knowledge of these Code words or numbers, and to their proper use. All buses transporting APTA conventioneers will have a uniform or plain clothes officer on board at all times with a radio. The officer will keep in constant contact with Command Post. The Command Post will make the officers of board the bus or buses aware if they will be using the alternate routes and entrance to final destination and be given the alternative coded route and entrance to be used. Each officer on the bus(s) will acknowledge receiving the message. All movement of these buses will also be made available to the Police Departments of concern. Any demonstrators blocking the movement of any of our buses (Bi-State) or blocking the accessibility of entrance to our buses will be arrested and charged accordingly. Camera crew will be called if not already on the scene. Our 8i-State Security will play a major role in this activity. Bi-State will prosecute when we are involved in any arrest. Our security force will assist the police whenever possible. We will have a number of backup officers (reserve) on a standby status. They will be ready when or where ever needed. There will be roving field supervisors (U.P.S.P.) who will monitor all movements concerning the Eastern APTA Convention on the streets, and will keep the Command Post appraised of any and all unusual movements or gathering of the ADAPT demonstrators. The Command Post in turn will notify the Police Department of concern if so warranted. There should be made available two mini Call-a-ride vans. One will assist the law enforcement agencies to transport arrested demonstrators, and the other will be used by Command Post to deliver backup officers to locations they are needed, or for any other emergency which may arise. A sweep will be made each day of all meeting rooms, prior to their occupancy, by Bi-State security and hotel security for any hidden bugging devices or any type of explosives. Available at the Command Post will be a battery charger, spare batteries, and radios. [page] 2
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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.