Order Aiding Handicapped on Buses Upset

A court order requiring transit authorities nationwide to equip all new buses with wheelchair lifts was overturned by the full U.S. 3rd Circuit Court of Appeals on Monday.

The court said the U.S. District Court and a three-judge panel of the 3rd Circuit overstepped the boundaries of the lawsuit filed against the U.S. Transportation Department in 1988 by Americans Disabled for Accessible Public Transit and several other groups.

A federal regulation already requires agencies to make new buses accessible to the handicapped, and the groups filing the lawsuit never argued that anyone was violating the provision, Circuit Judge Edward R. Becker wrote.

The issue has become a rallying point for activists for the handicapped, with groups calling on the Bush Administration to let the original 3rd Circuit ruling stand. The opinion Monday addressed the Administration’s appeal.

The court upheld the federal provision targeted by the activists in their lawsuit, giving local agencies the right to decide how to serve the handicapped--through accessible buses, para-transit services, or a combination.

ADAPT had argued that the provision conflicted with the regulation on accessible buses, but the court disagreed.

The rule strikes “a balance between preserving local discretion, avoiding the imposition of unduly burdensome costs and ensuring adequate transportation services” for the disabled, Becker wrote.