OCEANSIDE: Taking the long way around
Wheelchair rider cruises four miles to ensure a seat on the bus
By PAUL SISSON - Staff Writer | ∞
Judy Talnadge pulls up to the crosswalk at Highway 76 and College Boulevard while on her way to catching a bus in Oceanside on Wednesday. (Photo by Hayne Palmour IV - staff photographer) 
Judy Talnadge rides her battery-powered wheelchair down College Boulevard to catch a bus near Highway 76 in Oceanside on Wednesday. (Photo by Hayne Palmour IV - staff photographer) OCEANSIDE ---- It was 10 a.m. and all that separated Judy Talnadge and her black electric wheelchair from a passing beer truck was a thin white line.
Talnadge, a 37-year-old Oceanside resident with muscular dystrophy and spina bifida who uses a wheelchair to get around, said she often drives four miles along the edges of city streets to reach the Town Center North transit center at College Boulevard and Highway 76.
Though several buses pass near her apartment on Los Arbolitos Drive, Talnadge said she has given up trying to catch them, because they are often so full of riders that there is no room for her wheelchair.
She said the problem has been worse since budget cuts and the opening of the Sprinter light-rail line led the North County Transit District to eliminate some of its bus routes.
There are designated seats for wheelchairs on all buses, but federal disability law does not guarantee a seat when buses are packed. The buses fill on a first-come, first-serve basis, with no distinction between able-bodied passengers and those who are handicapped.
Advocates for the disabled say they have no plans to challenge the law and local transit district officials said the district already takes extra steps ---- such as calling for another bus ---- in an effort not to leave disabled patrons stranded at the side of the road.
But sometimes that can happen anyway, riders such as Talnadge said.
"Just the other day I got stuck waiting for the (route) 302 (bus) over at Maric College," Talnadge said. "I usually get left because there is no room for my chair. It's standing-room only."
How big is the problem?
It is not clear whether Talnadge's recent experiences are representative of the larger bus-riding public. Sarah Benson, a spokeswoman for the North County Transit District, said the district does not track instances when disabled riders are denied a seat on Breeze buses.
Two bus drivers declined to talk to a reporter last week, referring questions to the transit district.
Benson said it was district policy to ensure that another bus will be along "within a certain period of time." She also said an extra bus may be sent to pick up a stranded passenger.
That's exactly what happened to Talnadge on Thursday. Talnadge said that when she was refused boarding on a route 303 bus she tried to board near her home, the district sent an extra bus to pick her up. Still, she said, the delay almost caused her to miss her connection to the Coaster, which she needed to get to an appointment to have work done on her wheelchair.
"I came within four minutes of missing my train," she said.
Sharlene Ornelas, another frequent bus rider from Oceanside who is legally blind, said she most frequently hears of wheelchair and regular riders being denied boardings in the morning and afternoon, when grade school and high school students are in transit.
"A lot of times, I can't get from my seat to the door because people don't make room," Ornelas said.
The law
In the United States, equal access to public transportation is mandated by the Americans With Disabilities Act. The federal statute requires all transit agencies to operate vehicles that allow wheelchairs easy access.
All North County Transit District buses are equipped with roll-on ramps or special lifts to bring wheelchair riders aboard. Special seating, with a tie-down anchor system, is also available at the front of each bus.
Even though there is space available for wheelchair-using riders, there is no requirement under federal law to make that seating available if a bus is so crowded that there is standing room only.
Ketrina Nelson, a spokeswoman for the Federal Transit Administration, said in an e-mail that the disabilities act does not require a bus driver to boot able-bodied passengers who may be standing or sitting in a seat designated for disabled passengers.
"If a bus is full to the point that there is no room for additional passengers, sometimes referred to as a 'crush load,' then the transit system may deny boarding to additional waiting passengers, whether or not they are disabled, including passengers in wheelchairs," Nelson said.
Nelson added that the underlying principle of the Americans With Disabilities Act is to ensure equal access for all riders. Thus, forcing one rider to leave the bus so that another ---- such as a wheelchair-using person ---- can board, she said, would be giving one rider priority over another.
In California, Berkley-based Disabled Rights Advocates has filed several lawsuits against public and private agencies on behalf of the disabled. Dorene Giacopini, outreach coordinator for the advocacy agency, said she had not heard any complaint about disabled passengers being turned away from public transportation because of overcrowding.
She said the agency has no open litigation on the matter and added that the courts probably are not the right venue to fix the problem.
"If a transit agency is denying the passengers who need their service most, then that's probably a signal that they need to run more service or set different priorities," she said.
That doesn't appear likely, given the current budget situation, North County Transit District officials have said.
Statewide cuts to public transportation funding, and lagging sales tax receipts have led the district to cut an additional 11 bus routes, starting Aug. 10. Weekend service on some routes will also be cut.
The disabled make do
With no legal standing to demand a spot on a crowded bus, Talnadge said she has simply decided to take the long way around, guiding her high-tech wheelchair, which is equipped with its own suspension system and can travel up to 6.5 miles per hour, along bike lanes and across busy intersections to get to the Town Center North transit center, where she can usually be assured a seat.
"Usually the bus pretty much empties out there at the transit center," she said.
Though the ride can sometimes feature a close call or two ---- she recalls almost being plowed by a beer truck when crossing Mission Avenue recently ---- it doesn't seem to bother Talnadge much.
The overall lethargy of the bus system in its current state, however, does make her frown.
Talnadge said she often must take the bus to University Towne Centre mall in La Jolla for medical appointments at the nearby UCSD Medical Center. Those trips, she said, often take four hours now.
"Before they changed everything all around, it took two hours," she said. "Four hours is a long time, but I have to get there early if I want to make sure I've got a seat for my chair."
Contact staff writer Paul Sisson at (760) 901-4087 or psisson@nctimes.com.
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paul wrote on Aug 2, 2008 8:53 PM:I hope I'm never disabled and have to depend on N.C.T.D.
Amazing wrote on Aug 2, 2008 9:17 PM:This woman has great courage and patience. I wish we all did.
guess what... wrote on Aug 2, 2008 10:10 PM:I also wait for a second bus at times with a hearth condition that renders me disabled. At least she gets to sit and wait. It is not the transit districts fault that I or she chose to often travel at peak times knowing that I will have to wait.
Car dependent society wrote on Aug 2, 2008 11:40 PM:That is what happens when we become a car dependent society. The public transit system goes to crud. Now that we need it more than ever it has almost been put out of business or been cut so bad that it just isn't worth riding. Cannot wait till gas hits $7.00 a gallon. NCTD will not be able to afford to stay in business and those who can't afford to drive will be stranded... Blame anyone you can but it is time we all look in the mirror and realize we all share the blame and have done this to ourselves with our wasteful ways.
Monica wrote on Aug 3, 2008 12:22 AM:I am disabled although not in a wheelchair. I get on buses all the time and find that the front seats that are designated for Seniors or Disabled passengers are alway taken by people with no disability at all. While traveling on MTS buses, the driver will tell the youngs kids and young adults to move to the back on the bus. NCTD pays no attention to those seat which are sat in by everyone but those that need the seats.
I told you so wrote on Aug 3, 2008 6:18 AM:If the public thinks the service is bad now and the cuts have not taken affect yet (not until Aug. 10, 2008), wait until the second round of cuts come in January. They are cutting many routes starting next week and laying off 20 drivers. In January they plan more cuts and 20 MORE LAYOFFS! Good luck covering runs and getting passengers from point "A" to point "B". But thanks to all these "cost cutting" measures they were able to promote Mr. Hannasch (Director of Finance) to Director of Administrations with a pay raise and the Manager of Human Resources also got a longer title complete with a pay raise. If no one has ever noticed, when NCTD cannot legitimately bestow a raise they just change your title and "voila" you get a raise. While we are at this, take notice how much they have cut security. You will not find nearly as many riding the Sprinter if any and the stations have cut security as well. It is not only becoming more difficult but dangerous to take public transit.
Chris T. wrote on Aug 3, 2008 7:52 AM:Guess what,
It is not the she is waiting to travel at peak times. It is her appointments, time to travel and distance that dictate when and were she will ride the bus. I used to ride the bus many years ago and never rode a bus that was SRO. Now that there have been budget cuts I see a lot of buses that are full. By no fault of the riders the cuts did not affect the buses that serve business parks, schools, shopping centers and the Transit Centers. It seems to me that those are the only places that I see buses. Yes NCTD does have routes to the areas of town that need it but most of the people there don't have cars so guess what? the buses are always going to be full.
Ralph wrote on Aug 3, 2008 8:26 AM:The problem lies clearly in the lap of NCTD. With absolutely "NO" impact whatsoever on their current budget woes, service could be provided to the areas where it is desperately needed such as the "Valley" in Oceanside. The District has established routes which run virtually empty all day and service areas such as Mira Costa College, Tri-City, with a bus every few minutes, 7 days a week while the Valley's heavy ridership waits for a bus to accommodate them. Mira Costa, Tri-City, doesn't need a bus every 15 or 20 minutes 7 days a week, but THE VALLEY DOES.
The people who comment upon and who have created these deplorable schedules never ride the bus themselves so they are about as removed from this glaring disservice as anyone could be. When called upon for a response to legitimate complaints such as Judy's, they simply regurgitate their "Pat Answers", over and over, "ad nauseam" and nothing changes. These are not insurmountable problems, they just need people who are willing to do the jobs for which they've been hired. Unfortunately, NCTD doesn't currently employ anyone like this at the moment.
CONTACT THE BOARD MEMBERS AND LAUNCH YOUR COMPLAINTS; Oceanside City Councilman, Rock Chavez would be a good place to start.
Timray wrote on Aug 3, 2008 8:44 AM:As a disabled American I have learned long ago to avoid the rush ours. If I need to get to a medical appointment I have the "Access" bus which enables me to get to medical appointments across the other side of the county. What is needed is a cheaper rate for this service for those who truly need the cheaper fares. What angers me is seeing one of these disabled with a cigarette hanging out of their mouth complaining about transit fares. I moved back to San Diego from Minnesota because of medical care and transportation. We have a great system with great employees serving the public. I am so grateful to the American people for their support of the disabled.
How About wrote on Aug 3, 2008 9:34 AM:She moves closer to a bus line instead of us having to read about the life of quiet desperation that most of us live?
leec wrote on Aug 3, 2008 9:50 AM:this one reason why so many people drive solo in their cars. we can't depend on the public transit system to give up our cars and take the bus. it is too undependable and now they are making even more cuts. this lady has real guts and determination. best wishes to her
I feel their pain however... wrote on Aug 3, 2008 9:51 AM:When used as motor vehicles, on sidewalks, roadways, or bike lanes, they are a serious hazard to drivers, pedestrians, and those confined to the devices for mobility.
If they are going to be used for road use, there should be some minimum safety equipment requirements, i.e. headlights, tail lights, turn signals, and helmets.
I may be politically incorrect, or be perceived as uncaring, but I'm sorry. These things are just one more obstacle jeopardizing the safety of the community when not used for their intended purpose.
Jim T wrote on Aug 3, 2008 10:21 AM:Don't they have that shuttle that comes to your home for pick-up and drops you off where ever and then picks you up and takes you back home? I also that I had heard it was free, maybe not now but it was?
Respect wrote on Aug 3, 2008 1:24 PM:Everyone needs to be reminded and parents need to teach their children to give up seats or make room for the disabled and elderly. I ride the Sprinter everyday and see the lack of respect. We need to be aware!
Youre Right... Jim T.. wrote on Aug 3, 2008 3:20 PM:There is "Lift" that will pick up the disabled or seniors that need to get somewhere. The person in need just has to plan in advance and they come right to the house. Also in Oceanside there are other organizations that will help out. It is a hazard that this woman is driving her motorized wheelchair in the bike lane. As far as I know it is against the law. It is hard enough to try and avoid bicyclists that ride on the line. The police need to stop this woman. Yes, I feel sorry for her but there are other options.
Senior Rider wrote on Aug 3, 2008 3:34 PM:Spunky Lady...and thanks for providing us with another opportunity to point out how NCTD/SANDAG abuse their responsibilities. I understand that Sandag and NCTD Board Members get free passes for all systems as do the Higher Management employees. If any have benefitted by Job Reclassification it is disgusting. Get rid of all the marketing department and reduce the rescheduling dept.
To Guess What wrote on Aug 3, 2008 4:08 PM:"At least she gets to sit and wait." REALLY? You think she is luckier than you because she is bound to a wheelchair?! REALLY? Quite amazing. I bet she would trade places with you in a 'heart' beat. Be thankful for what you have AND for what you don't.
Reality wrote on Aug 3, 2008 4:16 PM:LIFT will only take you if you live within two miles of a bus line AND you cannot get to the bus stop.
Living closer to a bus line is great, IF you can find affordable, accessible and safe housing.
Bheath wrote on Aug 3, 2008 5:19 PM:I live in another state and use public transit every day (I'm not disabled). If they are picking up a wheelchair, the driver will clear the disabled area regardless how full (or empty) the coach is. I also agree with Respect about young people giving up their seats for older riders, but what about men giving up their seats for women. I think it's called chivalry and I've seen it for quite some time.
CITIZEN AT RISK wrote on Aug 3, 2008 6:35 PM:To: I feel their pain however: You are spot on. Note that poor Ms. Judy Talnadge doesn't have reflectors or even a warning flag on the black wheelchair.
TO SPUNKY LADY: This isn't spunk. Ms. Talnadge needless risk is monumental. It's approaching suicidal.
To I feel and Citizen at Risk wrote on Aug 3, 2008 7:10 PM:I too, agree. TOTALLY!
Cindi wrote on Aug 3, 2008 9:55 PM:As a person with a disability I must ask why NCTD is cutting back at this point in time when Transit Systems both North and South and probably East as well are hiring and expanding. Where are the legislaters who should be overseeing the board members who should be overseeing operations at NCTD? Someone is using the taxpayers money in a way it should not be being used.
By the way, LIFT is at least $4 each way that you ride even though you are disabled and the law says that NCTD must provide comperable service. Nothing comperable in that.
judy wrote on Aug 3, 2008 10:42 PM:to I feel and citizen at risk
My chair does have reflective tape on it. It is the silver strip across the back of the chair that is visable when looking at the chair from the behind. Using the chair the way that I do is no more dangerous than someone riding a bike or walking, because my chair is designed to be used inside the home as well as outside.
In reguards to your comment about my chair being a safety hazard to the community when used outside it is no more of a safety hazard than someone riding a bike in the bike lane or on the sidewalk. As a matter of fact it is safer due to the fact that I have had training by a rehab specialist and the field rep for the manufacturor in the safe handling of my chair in any situaion where as someone who is riding a bike has not had any safety training on how to handle theier bike in any situation.
Being able to get out in the community and do the things that we need to do instead of being confinded to the house is one of the intended uses for those of us in wheelchairs.
Carolyn wrote on Aug 3, 2008 11:11 PM:I agree about the MESS NCTD is, I too use an electric wheelchair for my CEREBRAL PALST. I too have been stranded and having to wait 1 HOUR for another bus.
NCTD calls their service THE BREEZE I call it A PAIN ! As for LIFT that service is a JOKE ! NCTD, you get the RASPBERRY OF THE YEAR !
TO JUDY wrote on Aug 4, 2008 10:34 AM:To Judy: I sincerely empathize with your disability, needs and desire to
“Being able to get out in the community and do the things that we need to do “
I rode trick wheelchairs miles around Oceanside streets with disabled US Navy SEALS until one was clipped from behind by a pickup truck.
All the training in the world won’t protect you from the driver that slams into you from behind. I would rather see you make other transport arrangements or safe at home than further disabled.
Anyway, best of the Citizen At Risk’s luck Judy.
Jim in Oceanside wrote on Aug 4, 2008 10:35 AM:In California, the occupant of all marked and unmarked (intersection) crossings have the right of way. I don't care if it is a 16 year old skipping across the street/highway or a 90 year old crawling. This is irrespective of whether you have a green or red light. You must yield right of way to the occupant of that crossing. Yes, it would be wise to have reflectors/reflective tape and maybe even lights, but to the best of my knowledge it is not legally required.
One major problem in California and maybe other states, is that no one respects the rights of anyone in the cross walk. Drivers do not follow any of the traditional or code required rules of the road. Road courtesy is a thing of the past and it is our loss. Yield your right of way, use your turn signal not only for turns, but for lane changes, let that guy/gal in who is trying to enter or exit the freeway or their lane. What will it cost you, one second, two?
genek wrote on Aug 4, 2008 10:54 AM:CA motor vehicle code states that persons operating motorized mobilty devices in bicycle lanes must yield right-of-way to pedestrians and not operate those devices at speeds that are unsafe for conditions. The fact that there are vehicle code rules for how to operate these devices in bike lanes means that it is legal to do so.
Cindi wrote on Aug 4, 2008 11:33 AM:Again I ask, where are our local elected officials in this situation.
NCTD is failing to follow many regulations including ADA regulations.
Write your government representatives. This is obviously a life and death situation. When the frig is empty or you have medical problems that need attention you have to get to the doctor or the store even if you are confined to a wheelchair.
Mary wrote on Aug 4, 2008 5:48 PM:I read this story with much interest. I live in eastern Canada, and encounter the same problem trying to access the low-floor, wheelchair accessible transit bus during morning and late afternoon rush hours. Like Judy, my only solution to ensure a space on the bus has been to travel the extra distance in my power chair to the terminal, where many passengers disembark. The only consolation I can offer Judy is that I have waited outside in -20 Celsius weather for my bus, only to be refused entry by the driver who claims that there is standing room only. This has happened to me more than once in the middle of winter, and I have travelled in my chair to the transit terminal, literally freezing...To me, this is discriminatory because although the bus driver is refusing me - and in this case, Judy - access to the transit bus, he is allowing able-bodied passengers to board. Either they let the wheelchair board the bus, or don't allow anyone
on, if overcrowding is the reason that access is being denied. The reality of this situation is that wheelchair-users are not guaranteed access to these accessible buses, but this is never mentioned during promotional campaigns. Where I live, the city invests in these accessible, low-floor buses but what purpose do they serve when those who benefit most from their service are denied access during rush hour because able-bodied commuters got on first?
got questions wrote on Aug 5, 2008 10:21 AM:This article and responses are very interesting to me. I ride the Sprinter every day. I don't ride the bus and I find it very interesting. On this issue of lack of room/respect for the disabled. It is true that there are people sitting in the handicapped area all the time, but when a handicapped/elderly person gets on most of the time (surprisingly) a young boy will stand up so that person has a seat/space. I have seen it more times than not. Once the fare guy had to say something and the kid got up. Makes me wonder why this is not happening on the bus. If the bus is not in motion yet, the driver should say something. I ride in the handicapped area at least half of the time because I bring my bike at least half of the time, so I think I see quite a bit.
Most of this issue boils down to common courtesy, and respect that people say doesn't exist anymore. But I see it every day.
januaryM wrote on Aug 5, 2008 11:54 AM:Isnt Escondido Councilman Ed Gallo on NCTD? Or is it SANDAG?
more mismanaged services....
wasted taxpayer dollars....
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