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The Boston Herald, Thursday March 23, 1989

[Headline] Transit offices targeted for disabled protests
[Subheading] Activists to show support for access decision

By TOM SQUITIERI

WASHINGTON — Activists for the disabled will picket federal mass transit offices in Boston and at least nine other cities tomorrow in a national show of support for a court action that could mean greater transit system access for the handicapped.

The planned protests follow a U.S. Court of Appeals decision striking down federal Department of Transportation regulations permitting local transit systems to provide services to disabled persons only if advance reservations are made.

The court also ordered that new transit buses bought with federal money be accessible to the disabled, required some level of transportation be provided to those not able to use buses and struck down a cap that now places a state or transit system in compliance with the law after spending 3 percent of its operating budget on disability needs.

"We are very hopeful the (Bush) administration will not appeal the ruling. This is the first decision this administration has to make on disability issues. and the national-disability community will be watching closely," said Timothy Cook. director of the National Disability Action Center, a Washington-based advocacy group.

The Justice Department reportedly is reviewing a possible appeal.

Throughout the 1988 campaign, Bush advocated bringing the disabled more fully into society, but the White House had no comment on a possible appeal.

The court ruling only affects new buses purchased and does not require retrofitting of existing vehicles — although Cook said the "logic of the ruling" should extend to newly purchased commuter rail cars or renovated stations.

Bush also is being pressured by congressmen —- including the Massachusetts delegation, which sent him a letter this week — not to appeal the decision.

“If allowed to stand, this court ruling would help reduce many of the transportation barriers which face our disabled neighbors. It would accomplish this goal as intended by Congress and without undue expense to state and local governments," said Sen. John Kerry (D-Mass.).

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