[misc.handicap] Transit and ADA

zippy@BKLYN.BITNET (Tzipporah Ben Avraham) (05/13/91)

Index Number: 15543

  Hope you find this interesting:
Public Hearing regarding transit and the Americans
with Disabilities Act
26 Federal Plaza room 305
May 7, 1991

from Tzipporah Benavraham

	I thank you for the opportunity to express my testimony
concerning the transportation issues related to Americans
With Disabilities Act. I congratulate you for this unique
opportunity. It is the height of citizen participation to
include the common person in your plans.

	By introduction, I am a person who experiences multiple
sclerosis. I am blind and use a 3 wheeled motorized wheelchair. I
also utilize a ventilation machine. Depite the failings of the
flesh, I have earned a bachelor's in social work, a masters in
political science and a PhD in political science. I often think
the latter is the greater disability for me. I am also one of
the successful plaintiffs in the Long Island railroad suit of
ADAPT which was won in front of Judge Edelestein of the Federal
District Court in Manhattan November 13, 1990. This act as well
as others has placed me in the forefront of disability civil
rights advocacy and leadership. I also strive to help the
United Nations Decade of Disabled persons with quantifying
human rights issues. By that preamble, I have many issues to
bring to your attention. It is my hopes this will assist you
in creating public policy that will equalize opportunities for
persons who experience disabilities.

THREE WHEELED SCOOTER TYPE OF WHEELCHAIRS

1. 3 wheeled motor wheelchair users- According to the
Association of Durable Medical Equipment Vendors of
Virginia there is a oft ignored demographic concerning
wheelchair users. That is the issue of the use of 3 wheeled
motorized scooters. All too often when making calculations
for mobility impairment use of public transit, this large
demographic is overlooked in policy. These persons make
manufacture and sell medical devices, among them such things
as wheelchairs. The hard data is that there are 5 scooters
sold to every motorized four wheeled wheelchair. Many reasons
for this exist. The motorized 4 wheelers cost upwards of
$4000 each all the way to $21,000 each. Three wheeled scooters
such as mine, the Rascal by Electric mobility, start at
$2200 and go upwards to $3,500 tops. Medicare pays for
$1700 of the cost of a medically perscribed mobility device.
Hence we speak of poorer mobility impaired people and elderly
on medicare. Those more affluent disabled persons can and do
afford the more expensive machines. However by quantity alone
the population who use three wheeled motorized chairs are
ignored and held in poor light by policy developpers of
disability mass transit. My proposal is that 3 wheeled
motorized wheelchairs be considered for specific
accomodations and policies. As an example, I bring several
issues to bear..

a. on Paratransit systems including those funded by the NYC
Metropolitan Transit Authority, policies have been set
not allowing these medically perscribed wheelchairs on as
"a safety risk".  Scurilous statements such as this preclude
the poor disabled from using the paratransit. In fact, I have
oft been denied access to Access A Ride based on this.
Please quantify that the paratransits funded by ADA or
under your auspiceses not discriminate against poverty
stricken mobility impaired persons by precluding them carte
blanche from their services. To do so is to preclude a class
of people by public policy. Since Medicare and Medicaid
permit public funds to pay for these medical prothetics,
public law cannot hold these suspect as "safe".

b. Fold down ramps on paratransits as opposed to elevator
lift devices: Many fold down ramps have a short sharp piece
of metal in the middle of the ramp. This is utilized for the
"attendant" to place the heel there for firmer leverage
in pushing up a manual chair to the vehicle. However, the
effect that sharp piece of metal has on the front tire of a
three wheeled scooter is horrifying. It bursts the front tire!
I have a "collection" of 6 burst tires due to this unreasonable
policy. These are all due to the fact that ambulettes are not
required to have elevator lifts. I feel for the sake of
the more numberous use of three wheeled scooters as motorized
wheelchair mobility aids, tyhere should be a policy to
mandate the elimination of these destructive heel loops in
the middle of fold down ramps and that there should also be
a mandate for elevator lifts on ambulette services.

c. Tie-downs- for the sake of safety while the paratransit is
mobile, I reccommend a series of "tie down" mechanisms. In the
Metropolitan Transit Authority buses, the seat in the back of
the two seats for mobility impaired users has a "breakwall".
It is the armrest of the seat in front of it. When in transit
this stops the three wheeler from flying forward when abrupt
stops occur. In paratransits, there is an option called a
"Sure Lock" advertised in Accent on Living Magazine.  Also
the MTA uses a form of body seatbelt in the newest buses.
I suggest these as reasonable safety aids. Please include these
devices for the future in your policy and planning for three
wheeled users.

VENTILATOR USERS AND TRANSPORTATION PUBLIC POLICY

Many mobility impaired persons who use mobility aids also
use ventilators. 1/2 million of the 43 million disabled
persons must utilize these devices as life support. It
indicates severe repiratory impairment. Social Security
statistics show that many cardio-pulminary impaired people
receive the public assistance of social security. Hence many
issues MUST be placed into policy regarding this numberous
population as well. I present my views in hopes you can
implement these concepts.

a. AMTRAK- at current time AMTRAK has several kinds of cars by
which mobility impaired people. One is called the "Diner Car",
and another car is called the AMFLEET. The former is a long
car with a cafeteria on one end where people are permitted to
smoke.  Then in the middle of the car is the place to
purchase foodstuffs, and on the other end of this car is
the coach seats for disabled persons to place their wheelchairs.
These cars often have a handicapped accessible toilet as well.
However in this car ambient air flow between the back of the
car and front of the car where a disabled person may be forced
to stay is NOT impaired by any discernable boundry. I have
had the misfortune of collapsing in the car on six occassions.
However in the car called the AMFLEET, the no smoking provisions
can be and are in force by the volition of the conductor. There
is no cafe nor are there people dining. This is a much safer
environ for the respiratory impaired person choosing to use
mass transit. Please designate that the new AMTRAK cars bought
for the sake of the provisions of the Americans with Disabilities
Act provisions be AMFLEET. Presently the more numberous
diner cars exist. Be aware also that the ventilators can and
do often contain oxygen concentrators. The presence of the
open flames of smokers in such close proximity to one is
dangerous. The AMFLEET car is a much better car for the future of
this group of disabled people. And I encourage a strong
statement that all future purchases by AMTRAK be the AMFLEET
version of car.

2. NO SMOKING- since many disabled persons with ventilators
are severely affected by smokers, please as a provision of the
ADA regs for transit think of this 1/2 million people, and
as a part of THEIR civil rights provisions. Please QUANTIFY
IN LAW that no smoking in all transit used by disabled persons
is a part of the rights of pulminary impaired people.

EMERGENCY MEDICAL SERVICES AND THE US DEPARTMENT OF TRANSPORT LAWS

On Thanksgiving Day, November 22, 1990, the New York City
Medical Services almost killed me due to US Department of
Transportation laws. I was transported to a a local hospital
WITHOUT MY WHEELCHAIR AND VENTILATOR after I was brutally
beaten by a  policeman to the point of unconsciousness. I
have found that pre-hospital care and transport is indeed
in the realm of regulation of the US Department of
Transportation rather than by Health and Human Services for
some odd reason. This was information imparted to me by a
NYS official of the NYS Department of Health. Since this
is a hearing about trasnsportation and disabled persons, I
seek to include this in my testimony here and now. It is an
area overlooked and not readily in the consciousness of
most people. However, I seek that this NEVER happen to
another disabled person ever again. Please codify
this in your laws and please assist with proper liason
connections for portions not in your pervue.

1. Most licenced ambulance drivers have never been trained in
the use of transport of a severely disabled person. By vast
inquiry I have found there is no mandated training of these
personnell in methods of dealing with this population. To have
detached me from my ventilator ad motor wheelchair almost cost
me my life. Many of my other ventilator dependent friends also
have been informing me of instances where they were in need of
emergency ambulance services and personnell have been ill
trained. By innovation and co-operative agreement the New
York State Department of Health is endeavoring to create
three films:
One is to identify the proper transport of ventilators and
recognize them when they see them. Another is on how to
transport communication aids such as BLYSS boards used by
communication impaired persons and the third is concerning
children on life supports and their transit to a hospital.
I suggest the films be funded by your Department and mandated
to all your regulated agencies. It was a startling revealation
to me that most ambulance drivers do not know the difference
between a ventilator or a oxygen tank. Please make it
a part of all future regulations that disabled persons
transported by ambulances under your authority be trained
in the recognition and trasnport of these devices.

2. Many ambulance drivers do not know sign language.
If a person utilizes sign language as a communication
method, all such emergency perso nnell under your
regulation should be trained in this method. I present
a gift of a computer program to you to distribute freely
to all your regulated agencies. It has an interactive
method of learning key phrases in sign language concerning
an array of medical needs. This was custom written for you
and all who would need it in the future by Mrs Fran
OGorman of 79 Glenmere Avenue, Florida NY 109  .
Mrs OGorman has a speech impaired daughter who has a paralyzed
tongue. Sign is how her child communicates. Her grave concern
is that her child may never be able to receive services she
needs due to this fact. Her daughter can indeed hear
yet she is severely restricted in what she can and cannot
communicate when those in her environs do not know how to
understand her. The child also experiences diabetes. Thus
she is likely to need emergency care in her lifetime. From
this act of love for her child,  Mrs OGorman wrote this
computer program for you and hopes you will dissemninate
it to your regulated agencies.

LOW VISION AND BLIND PERSONS AND MASS TRANSIT REGULATIONS

In New York City in 1983 6 blind persons died on the trains
stations of the mass transit. This was due to the fact
several laws were not in place to protect them from
undue harm. I hope you can include these ideas in your
regulations for the future.

a. The end of edges should have contrasting lines
in chevronned colors. Many "low vision persons" can see
yellow if it is bright enough (neon) in color. At
the edges of train platforms, steps, and places where people
alight or descend, please mandate these yellow and
black chevrons. This way people can see the line more
clearly and not fall. In New York City, these contrasting
lines are placed at the edges of steps of buses and on the
edges of trains at the doors when they open. I think
platforms should also have these chevrons if a serious fall
or immediate decline is imminant.

b. barriers with these chevrons between cars: NYC has
placed barriers between cars to assist those with vision
impairments. In this manner nobody falls and gets hurt.
It is low enough that it is discernable by a cane used
by totally blind persons as well as by those with
low vision blindness. Had these been in place in 1983
the 6 blind would not have died. Please mandate these barriers
between rail cars in the future.

c. chevrons on steps: Please place chevrons on the edge
of all stairs used by public transit users.

d. Braille in elevators in mass transit stations:
Please mandate all accessible elevators being used
in mass transit stations have braille in them on the
buttons or adjacent to them. There are blind mobility
impaired persons. This provision would afford an
access to dignity.

CAR RENTAL AGENCIES AND AMERICANS WITH DISABILITIES ACT

At present there is no requirement for a car rental agency
to have on hand a rental vehicle for mobility impaired
persons. If I called Avis, National, Hertz or any other rental
agency the availability of a wheelchair lift van is not
possible. Please mandate these agencies to have one
lift van per metropolis of 50,000 persons. Please
also suggest the use of the section 190 tax credit to
businesses to accomplish this.

COMPUTERS SECTION 508 AND THIS HEARING

Please mandate that if computers are used by any of your
regulated agencies that they comply with section 508
of Public law 99:506 and be accessible to persons who
have disabilities. Please direct the agencies making
query of this stipulation to the FIRMR bullitens of the
Clearinghouse on Computer Accomodations at the General
Services Administration to quantify and define what that
means.

			-o0o-
I thank you for the opportunity to give you this testimony.
It is my hopes that progressive public policy be accomplished
by our interchange today.  The fine principle of co-operation
is evident today. On that energy and poise toward progress
may the mobility impaired become an upwardly mobile group. I
thank you and congratulate you for this opportunity to present
my views.

Tzipporah Benavraham, BSW MA PhD

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