Meeting of the Faithful . . .

Howdy Comrades!

A good leader should rarely confess to weakness, but I am compelled to reveal a feeling of great anxiety and exhaustion to the peeps following the first meeting of the newly formed Metro Mobility Working Group.  As many of you know, this group was required to meet within thirty days of signing the mediation Agreement between plaintiffs represented by the Texas Civil Rights Project and Cap Metro officials.  Progress was made in adopting bylaws for the group, but the "good faith" seemed to evaporate when agreement was attempted on selection of the seventh member, someone from the community with an interest in the provision of transportation services to our disabled community.  Great optimism preceded the meeting because Metro had proposed that the seventh member should come from the ranks of the Mayor's Committee on Disabilities, and both the Access members and Metro staff were enthusiastic about the Chair of the Mayor's Committee, Mr. Ron Lucy.  Something must have happened prior to the meeting to sour Metro on Mr. Lucy.  Metro staff stated that he was no longer acceptable to them and proposed a slew of individuals who were totally unacceptable to both plaintiffs and organizations represented in the settlement.  Access members,  much chagrinned by this turn around, did propose other candidates, but Metro staff turned them down, one by one.  Why would Metro suddenly turn on Ron Lucy, a respected member of the community and long time advocate for Cap Metro programs?

An impasse was declared by Access representatives when Inez Evans was overheard to whisper, "We should call our attorney."  If this was an indication of acting in good faith, one could conclude that Cap Metro staff is a bunch of agnostics!  The Cap Metro Board of Directors have been informed by both the present and past chairs of the Access Committee that we may find ourselves back in federal court, fighting again over possible violations of the ADA with respect to selection of future Access members and failure of the existing mediation agreement.  Surely, the Board does not want this to happen.  The Access Committee has no burning desire to see the legal fight resume.  I can't speak for the plaintiffs in the original cause of action, but they did agree to give the mediation plan a try, and we all signed in good faith.  Another meeting will occur the first week in September, and we sincerely hope that the spirit of co-operation and transparency will be revived.  Maybe Metro staff was just distracted by the looming threat of a strike of bus drivers and mechanics.  One can assume those negotiations have also been fraught with emotion and conflict.  Comrades, it is imperative that Metro staff don't allow feelings about a potential strike bleed over into fulfilling a completely separate dispute resolution.  Haven't Austin's most vulnerable citizen suffered enough?

In closing this post, I'd like to wish everyone a great Labor Day holiday weekend!  This includes both Metro management and the Amalgamated Transit Union, our blind and disabled readers and those under threat of storm.

Peace and long life!

Regards,

Chairman Mal

Power to the Peeps!

Bus Driver Union Votes to Strike Cap Metro!

Howdy Comrades!

 

The Amalgamated Transit Union workers voted overwhelmingly to reject the contract proposed by Startrans, the agency contracted by Cap Metro to deal with

the bus drivers.  We do not know when the strike will take place at this time.  STS drivers indicated that Union drivers will assist passengers with crucial

trips throughout the duration of the strike.  Metro staff reported that when the strike occurs, bus schedules will be sharply curtailed and indicated that

STS trips will be limited to service on Monday through Friday only, no weekend service.  I suggest both bus users and STS users make arrangements to stock

up on important essentials or make alternative transportation arrangements.  I hope to have the press releases from both the Union and Metro posted within

24 hours.  Check Newsline for details about the strike because you may get the information faster.

 

Regards,

 

Malcolm

Georgia On My Mind . . .

Howdy Comrades!

Perhaps the Peeps have noticed that W misjudged his home boy, "Pooty Poo," while they got chummy in Beijing.  At the same time our President appears on international television gawking at the women's Olympic volley ball team, his soul mate approves a massacre of near genocidal proportions in the democratic republic of Georgia.  The adults, Condi and Gates, had to take charge to prevent the capital, Tbilisi, being overrun by Russian Red Army forces aided by a bunch of pro Russian irregulars acting like a marauding bunch of goons.  Otherwise, W would have watch Georgian democracy disappear in a fume of vodka.  Does this remind the comrades of a lady named Katrina?

Regards,

Chairman Mal

Power to the Peeps!

Good Faith in A Bad Idea?

Howdy Comrades!

The question asked in the title of this post must remain speculative for the time being.  Below I have pasted a copy of the text resulting from court ordered structured mediation.  I have an ear infection, probably from listening to far too many lawyers!  I will provide the Peeps with additional information once I've seen my physician tomorrow.  Here's what was done:

MEDIATION AGREEMENT               

 

The participants to the mediation held on August 11 and 12, 2008 have agreed that:              

 

A.  A Working Group, currently called the Metro Mobility Working Group, has been formed to participate with Capital Metro in analyzing the effect of potential

changes to services for people with disabilities.  The group will be composed as follows:   

 

1.  Capital Metro will appoint three (3) staff members to the Working Group. 

 

2.  Three (3) other members will come from: 

 

a.   Chair of Capital Metro Access Committee or his/her designee 

 

b.  Chair of Capital Metro STS subcommittee or his/her designee 

 

c.   Chair of Capital Metro Fixed-Route subcommittee or his/her designee 

 

3.  Within thirty (30) days from today, these six members will elect a 7th member interested in the provision of Capital Metro transit services for people

with disabilities.   

 

4.  Within forty (40) days from today, the seven members will elect a Chair who will serve according to the by-laws, rules, and operating procedures adopted

by the Working Group.    

 

B    The Working Group will consider and make recommendations about proposed changes to Capital Metro policies, practices, and procedures, suggest changes

to Capital Metro policies, practices, and procedure, and assist in communicating with and from the public about proposed changes.  The Working Group will

consider at least, but is not limited to, the following subjects: 

 

1.  Changes to the taxi cab voucher program currently in operation.   

 

2.  Eligibility and certification procedures used to qualify persons for Metro Access Service.   

 

3.  Alterations to certain aspects of Capital Metro's programs for people with disabilities, such as, by way of example, alterations to the "pick-up" window,

penalties for no-shows or cancellations, advance reservations, call center hours, use of door-through-door service, and so on.  

 

Capital Metro will make no changes to its policies, practices, and procedures until the Working Group forms and meets.  

 

C.  The Working Group will decide when to hold its meetings open to the public.    

 

D. The Working Group will make recommendations to pertinent Capital Metro entities, including the Capital Metro Board, and present its recommendations at

a public hearing when a public hearing required by law.  

 

E.  The Parties acknowledge the need for alternate communication methods for people on the Working Group with sensory disabilities.    

 

F.      While the Working Group will assist in analyzing potential changes, the Parties agree Capital Metro has ultimate decision-making responsibilities. 

  

G.     Nothing in this Agreement is intended to lessen any requirement by law or adopted policy for public hearing or other requirement for community input. 

  

H.     The Working Group may change its name.   

 

Dated: August 12, 2008     

 

Agreed as to form and content:    

 

____________________________________ 

 

Capital Metro (by Kerri Davidson)    

 

____________________________________ 

 

Norma Gonzales Baker   

 

____________________________________ 

 

Mary-Agnes Kunz   

 

____________________________________ 

 

Mark Noble   

 

____________________________________ 

 

Dorbett Bagor   

 

____________________________________ 

 

Judy Watford   

 

____________________________________ 

 

Malcolm Graham   

 

____________________________________ 

 

Audley Blackburn   

 

____________________________________ 

 

Renee López--~--~---------~--~----~------------~-------~--~----~

You received this message because you are subscribed to the Google Groups "CapMetroAccessCommittee" group.

To post to this group, send email to

metroaccess@googlegroups.com

---I apologize that the text is choppy and badly formatted.  This text was pasted into Microsoft Word from an email which probably contained a fax to Mr. Barton.  Onward through the fog!

Regards,

Chairman Mal

Power to the Peeps!

In Good Legal Hands . . .

Howdy Comrades!

During a grueling two hour meeting on Monday, 8/4, I met with lawyers from the Texas Civil Rights Project and plaintiffs in the lawsuit against Cap Metro to discuss the pending structured mediation scheduled for August 11 and 12^th.  Judy Watford, Chair of the Access Committee and Mary Ward, Chair of the STS Subcommittee also participated.  I am very impressed by the legal acumen and dedication to disability rights evinced by Jim Herington and Jodie Barton of TCRP.  I recall the landmark case Mr. Herington litigated that enshrined the rights of dog guide users to use their dogs where the general public is invited.  Under Title III of the ADA, the Federal judge ruled that Shiner Brewery should have allowed Mr. Sawyers to take the brewery tour accompanied by his dog guide.  This case is now part of the Texas White Cane Law and set a precedent for the entire nation.

I regret that I was unable to find a web host able to publish chairmanmal.com by my self-imposed deadline of 8/08.  I felt that the case with Cap Metro required the majority of my time.  The ability of blind and other disabled people to get to work on time, attend social activities and retain the right to use a taxi voucher when returning from medical appointments are in great peril if Cap Metro prevails.  We will not allow this to happen here in Austin.  I am going over my initial statement and talking points in preparation for the mediation tomorrow morning.  Wish me luck, comrades!  I will report the results as soon as I am permitted to do so.  A gag order may be imposed until the federal judge accepts or rejects any potential agreement.

Regards,

Chairman Mal

Power to the Peeps!

Resistance Was Futile

Howdy Comrades!

Although I absolutely have no time to play with my new toy, I failed to resist opening the KNFB Mobile Reader.  Damnation!  It is just too cool to ignore it while I slave away at my unpaid work as a social activist.  I chose Mobile Speak to make it talk because I'd heard that Nuance Talks gets a little unstable while using the GPS and map functions.  Moreover, I really like the way Code Factory does business.  Blind Christian uses the Windows version of Mobile Speak, and if Chris likes a program, it's got to be good.  I've found that the Mobile Reader seems to do a better job at reading my documents than the KNFB Classic.  The controls are more intuitive, although the tiny little buttons take some getting used to.  My only gripe thus far is that the door for the SIM card is strange, requiring an up and down action to close it properly.  I have not seen this in other cell phones. 

I could go on at some length, but I will do so at a more propitious time.  On Monday, I will be meeting with attorneys from the Texas Civil Rights Project, plaintiffs in the Cap Metro lawsuit and Judy Watford, Access Chair, to plan our strategy for the upcoming structured mediation.  I need to review some recent cases and discuss the latest propaganda from Cap Metro with other Transportation Committee members from the Austin Chapter of the NFBT.  I have given myself an absolute deadline of 8/8/08 for the launch of www.chairmanmal.com.  Missing that date, the same day the Olympic Games begin in BEIJING is not an option.  I owe it to Chen Guangcheng to begin when the eyes of the world are focused on China.  Enough for now, comrades: I need to buckle down to some serious volunteer work!

Regards,

Chairman Mal

Power to the Peeps! 

Structured Mediation and Random Thoughts

Howdy Comrades!

A lot has transpired since I last updated this blog.  Eventually I may get around to covering some of the salient events since my last post, but right now I'm involved in structured mediation with Cap Metro ordered by a federal court.  Many years ago, I filed a successful complaint with the Department of Transportation concerning illegal trip restrictions used by the Austin Transit System, long before Cap Metro came on the scene.  Consequently, I am getting feelings of nostalgia when I contend with the current mess with Cap Metro.

A good deal of my time has been spent learning the peculiarities of Microsoft Front Page so that I can launch my web site, www.chairmanmal.com in the next week or so.  I'm excited about finally getting the site going, although it will be quite crude in its first iteration.  I will cover human rights and social justice issues of many types through my typical gonzo style of journalism, but interesting fiction, informative articles and links are also part of the new venture.

I also adopted a new tech toy, the KNFB Mobile Reader which is currently sitting on my desk in the original boxes.  I fear my web site could be delayed for several months if I open the boxes now.  Perhaps, I can convince myself that I need to use the cell phone camera to add a picture to the web site.  Hmmm!  I am sorely tempted. 

Of course, I will be reporting in detail about the pending negotiations with Cap Metro in the very near future.  Much of the information I have, however, is under embargo until August 12^th.  Stay tuned, Comrades.  You will be the first to know as always.

Regards,

Chairman Mal

Power to the Peeps!