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ADAPT (441)
DISCLOSURE September-October 1989, Issue No. 112 the national newspaper of neighborhoods [Headline] Disabled Protest Across Country: “Accessible Transit Is a Civil Right" This story continues on 436 but is included here in its entirety for ease of reading. PHOTO by Tom Olin: A large group of people in wheelchairs, on crutches, many carrying posters, are massed in front of a MCI New Jersey bus. Joe Carle is in the middle of the group with his back to the camera and on the back of his wheelchair is a sign that reads "I can't even get on the back of the bus." Also visible (right to left) are Cassie James, Diane Coleman, Brian Shea, Mike Early from CORD, two other guys in wheelchairs, Kent Killam, Julie Nolan, a white haired blind person with a big sign, and a short woman, perhaps a child, looking to her left and holding on to the back of a wheelchair. The group is blocking the bus and the street, while others walk by on the sidewalk. Caption reads: Members of American Disabled for Accessible Public Transit (ADAPT) and affiliated groups stages demonstratlon on disabled rights issues in front of buses at the federal court building, Philadelphia, May, 1989. by Mike Monti The message is clear: “We will ride,” say the members of American Disabled for Accessible Public Transit (ADAPT). From a series of demonstrations to a controversial court case, this relentless group keeps fighting for accessible transit around the country. Among its victories are a July, 1989 federal court ruling that transportation agencies no longer have a 3 percent cap in providing wheelchair lifts or paratransit. For the members of ADAPT, accessible transit is a basic civil right — and is always worth fighting for. We reported in Disclosure #l08 on ADAPT’s actions in Montreal at the annual convention of the American Public Transit Authority (APTA). APTA and other transit authorities continue to make it extremely difficult for people with disabilities to use public transit. Nevertheless, ADAPT has shown that it will confront APTA wherever it shows up. Last April, at the Western Regional Conference of APTA in Sparks, Nevada (just outside of Reno), over 125 ADAPT members staged actions at the conference, calling for public transportation that can be used by everyone — including people with disabilities. Members started off with a march from their hotel to the conference hotel. When they were about halfway there, ADAPT was met by a police blockade. Obviously, authorities already knew about ADAPT: here is a group that won’t stops until it forces permanent changes. In Sparks. the marchers were able to get around the police barriers. But when they got to APTA’s hotel, they were met by private security forces. The hotel security outnumbered the city’s police three-to-one -— and were able to chain the door shut before ADAPT entered. Forty-seven ADAPT members were arrested, and seven were sent to jail. “The Sparks police had obviously decided that we weren't going to march in the streets,” said Stephanie Thomas, an ADAPT member who lives in Austin, Texas. “But we were able to go around the car barricades. it was like water going around the rocks." The following afternoon, ADAPT staged another demonstration with many crawling across the street and around police barricades, blocking traffic until they reached the front door of the hotel. It was locked from the inside. This time, 25 were arrested. The charge: blocking a fire door which was locked. Many of the ADAPT members who were arrested went on a hunger strike. Meanwhile, ADAPT members on the outside held a press conference calling attention to the problems jail staff were having providing for several of the disabled people’s needs. A final protest was held the next day. One day later, the Sparks judge who sent the hunger strikers to prison made a deal with the protesters: he let out two protesters for the price of a $100 fine. The judge had imposed a much stiffer sentence a couple of days earlier, but changed his mind in the face of a group of arrested ADAPT members who made it clear that they would rather starve and stay in jail than pay a huge fine. Meanwhile, disability groups on the east and west coasts were raising money to help support ADAPT. On the fourth day of the hunger strike, the judge relented and the fine was reduced. By the end of the day, all arrested ADAPT members had been released — and many in the group headed to Denver, for more demonstrations. In Denver — which is the home of ADAPT — the group protested at the annual conference of the Urban Mass Transit Administration (UMTA). This time, demonstrations focused on the federal government's request for a re-hearing of the ADAPT vs. Burnley case. In February, ADAPT won a major victory from the Department of Transportation (DOT) - only to have it undercut by the government. The first of ADAPT’s arguments stated that the rule saying transportation agencies should not have to spend more than 3 percent of their budget on wheelchair lifts or paratransit was unconstitutional. Second, ADAPT held that the option allowing agencies to decide whether or not to provide new buses with wheelchair lifts was unconstitutional. DOT kept flip-flopping on the issue: first it said yes, and then it backed off, asking for a rehearing to vacate the decisions. In Denver, ADAPT confronted Michael Norton, U.S. Attorney for the Tenth District in Denver. “Why is the government working against disabled rights?” asked ADAPT. Norton eventually read a 20-page statement from Attorney General Thornburgh stressing “the need for concern, compassion, and commitment” — but also saying that the law never mandated integration. “It was a really offensive statement, ” said Stephanie Thomas. “On one hand, he was affirming the government's commitment, and on the other he’s fighting tooth and nail to stop rights for the disabled.” When the case was reheard in Philadelphia on May 15, ADAPT was ready. With help from the local chapter of Disabled in Action and the Cape Organization for Rights of the Disabled (CORD), protesters gathered at the federal court building. Four ADAPT members met with the U.S. Attorney, who listened to their concerns. Two days later, a protest was staged at Independence Hall. Dressed in revolutionary garb complete with wigs, three-cornered hats and fife and drum, the “Disability Rights Patriots” marched around the Liberty Bell. Court Decision On July 24, ADAPT won a significant victory as the original ruling striking down the 3 percent cap on wheelchair and paratransit lifts was upheld. On the local option issue, judges decided that the stipulation was legal. Now, it's back in the hands of DOT, for "clarification." Meanwhile, ADAPT will be working with lawyers to plan its next strategy in the legal arena, even though the courts have dodged the issue of equal rights for the disabled. Nevertheless, ADAPT is still ready for action. “We are not going to sit around and wait for the government to put a piece of legislation through,” said Wade Blank. What's next for ADAPT? The next APTA Conference will be held in Atlanta, Georgia, September 23-28, 1989. “The court’s decision on local option will make our demonstrations in Atlanta bigger,” says Mike Auberger, a co-director of ADAPT. Sparks Nevada, Denver, Philadelphia, Atlanta. . .ADAPT marches on for rights for people with disabilities. “Someday,” says Wade Blank, “ It will be just as appalling to see buildings without ramps as it was seeing signs that said ‘Whites Only.’ ” end of article Pictures of 2 graphic symbols: One is the ADAPT no-steps logo with American Disabled for Accessible Public Transit around the outside and a circle with a set of steps rising to the right and a bar across the circle and steps with the word ADAPT on it. The other is a power fist, with wheelchair warriors written below the arm. Caption reads: These symbols are part of ADAPT’s continuing fight. Says Wade Blank of ADAPT “Someday it will be just as appalling to see buildings without ramps as it was seeing signs that said ‘Whites Only.’”
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This article is a continuation of ADAPT 444 and the entire text is included there for ease of reading.
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The Daily Sparks Tribune April 14, 1989 page 4A [Headline] Push a wheelchair through Sparks by Andrew Barbano In all the heat generated by die wheelchair protests this week at the Sparks Nugget, the central issue has been lost: does every bus in the country need wheelchair lifts? I thought Donna Cline might shed some light on the real reason behind the ruckus. Cline, 30, was injured in a rural Nevada accident. She and Debra Donlevy were driving to Carson City late one night 11 years ago. Their car overturned near Hawthorne. Donna survived the long ride to Reno, Debbie was not so lucky. We buried her in Carson City while Cline lay in Washoe Medical Center. Debbie was my wife's daughter. Donna, who has not walked since, worked her way through broadcast school and became a television reporter. In 1985, while working at KVBC in Las Vegas, she was asked to compete for the Miss Wheelchair Nevada title. She won. And added the Miss Wheelchair America title in 1986. She took the cause of better access for the handicapped all the way to Ronald Reagan in the White House. “I leaned a lesson in it all," she told me this week from Springfield, Missouri, where she is a news co-anchor. "I found out that you'll get some awareness but you may not get what you set out to get.“ Peter Mendoza would probably agree. The unemployed Bay Area police dispatcher was here to attend the protests during the American Public Transit Association convention. He lost his job because of transportation problems, and has been protesting at APTA conventions for the past three years. “I‘m not used to being treated like a criminal,“ Mendoza says. “We're not a bunch of violent radicals. There are children here and people who’ve worked all their lives. We’re not radicals. We just want to make a point." He says that a lot of this week's problems could have been avoided. “In San Francisco, we sat down with APTA and the police and worked out the parameters of a demonstration. We even arranged for the peaceful arrest of those who thought they wanted to do so. We worked out training and helped arrange transportation. The judge sentenced those arrested to the overnight time served. There were no hard feelings. Sparks is 20 years behind the times when it comes to protests." Cline says “protest to increase awareness is wonderful but has anything more actually been accomplished? In the four cities I've live in, the demand (for wheelchair ramps) does not meet the number of buses. If you're going to take that amount of money, you should look at usage." She favors a specialized transportation system such as this area's Citilift. One caller to my radio show did not agree. "Separate is always unequal," he snapped. Mendoza, a member of the Golden Gate Bridge Highway and Transportation District‘s advisory committee on services for persons with disabilities, backs up this argument with numbers. “The Alameda-Contra Costa transit system did a study which showed a $10.84 cost per trip on a ramp-equipped bus. A paratransit system (like Citilift) costs $12.46 a trip." He says that nationally, the paratransit system is more expensive. Citilift figures bear him out. Such service is very specialized and will always cost more. “A bus ramp costs about the same as an air conditioning system, and I consider that a luxury. If you want to get rid of something that costs a lot, get rid of air conditioning." Mendoza feels specialized paratransit systems are good for rural areas, but Metropolitan areas need bus lifts. “Only three percent of the 37,000,000 disabled in this country are working and transportation is the number one reason," he passionately adds. Since I started doing talk shows, I've never had a week where one issue totally dominated as this one has. Many of my phone calls were from wheelchair users. Some Sparks residents feel that Mendoza and his group are just a bunch of out-of-town agitators who should leave. Others have accused the Sparks Police, John Ascuaga and his people of failing to defuse the situation upfront, as was done in San Francisco. Another said Nugget security guards were poorly trained and they have been the main problem. Mendoza's organization, ADAPT, almost seems to be contradicting itself by its actions. ADAPT has made its biggest gains in court and in Congress, not on the protest lines. After Congress passed a law mandating lifts on all buses, APTA got the law watered down to provide for local option. ADAPT sued and won on appeal. The protests this week centered on convincing APTA not to take its appeal to the U.S. Supreme Court. Ironically, a small news item appeared Tuesday noting the “Disability Awareness Festival" starts April 14. Wrong. It started Sunday at the Nugget. Maybe Sparks just needs to promote better understanding. The best suggestion I've heard came from a retired Sparks Teamsters Union worker named Mitch. He suggested a handicapped awareness day where civic leaders work a day in a wheelchair to see what it's like. I like that idea. So does Donna Cline. Any takers? (Andrew Barbano is a Reno-based syndicated columnist. He host a weekday morning news and talk show an Reno AM radio station KOLO 92.) Photo: President Ronald Reagan standing, head slightly tipped to his left. Seated beside him, and coming up to about is waist, is a woman in a wheelchair with conservatively coiffed hair and attire. Both are looking at the camera and smiling. Caption reads: Donna Cline, a former Miss Wheelchair Nevada and Miss Wheelchair America, with former President Ronald Reagan.
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PHOTO Tom Olin: Side view of 5 ADAPT protesters sitting on sidewalk blocking doors to the Nugget Casino. Beside them in background is an empty manual wheelchair, and behind it 2 police men. From right to left protesters are: Paulette Patterson, Stephanie Thomas, Rick James, Jerry Eubanks and Gwen Jackson.
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PHOTO by Tom Olin?: A line of ADAPT protesters sit against the glass doors of a building, arms linked. They are on the sidewalk having abandoned their wheelchairs. From left to right: Gwen Hubbard, Jerry Eubanks, Rick James, Stephanie Thomas, and Paulette Patterson. At the far left you can see someone's empty manual wheelchair. The group is chanting.
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This is a continuation of the story that starts in 441. It is included in it's entirety in 441 for ease of reading.
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RENO GAZETTE-JOURNAL Monday APRIL 10, 1989 [Headline] 49 disabled protesters arrested in Sparks Photo by Cralg Sallor/Gazette-Journal: Two men in wheelchairs are being arrested by police in the middle of the street. The man on the left, Bob Kafka, is being bent forward in his chair and being handcuffed behind his back. Across his legs he has a poster but it is not readable from this copy. The man on the left, Bill Bolte, is sitting up hold a sign about Rights in front of his chest. The policeman is standing beside him bending forward to do something to his chair it seems. caption reads: CONFRONTATION: Sparks police arrested Bob Kafka, left, of Austin, Texas, and Bill Bolte of Los Angeles. Text box has the quote: 'My rights are worth fighting for.’ Bill Bolte/demonstrator [Headline] Public transit meeting draws demands for accessibility By Darcy De Leon/Gazelle-Journal Sparks police arrested 49 disabled protesters demanding accessibility to public buses during a protest Sunday aimed at national transit officials meeting at John Ascuaga's Nugget. About 75 wheelchair-bound members of Denver-based American Disabled for Accessible Public Transportation (ADAPT) rushed two entrances of the hotel—casino about 3:15 p.m., but Nugget security officers and police inside blocked the doorways. ADAPT activists chanting, “Access is a civil right,” struggled to open the doors an confront officials with the American Public Transit Association (APTA) attending a five-day convention through Wednesday. Bob Kafka of Austin, Texas, and Bill Bolte, a Los Angeles resident, were the first protesters to he arrested. "My rights are worth fighting for," said Bolte, 57. “APTA is discriminating against us," said Kafka, who has used a wheelchair since breaking his neck in a car accident at the age of 26. "We feel that APTA is to the disabled what the KKK is to the black community.“ At the height of the protest police dragged away three demonstrators lying in the casino entrance. No injuries were reported, police said. Sparks police Lt. Tony Zamboni said that as of late Sunday night, five of the 49 demonstrators arrested had been transferred to the Washoe County jail, after their arraignment in Sparks Municipal Court. They were being held in lieu of $1,025 bond for investigation of obstructing traffic, obstructing a police officer an blocking a fire exit, Zamboni said. Arraignments continued Sunday night for the remaining protesters. Disabled residents from Reno and 30 other cities throughout the country joined in the protest of an expected appeal of a federal court order that requires all public bus systems to be equipped for wheelchairs. ADAPT filed a lawsuit asking for the decision last year. The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled in favor of the group in February. Demonstrators Sunday hoped to persuade the transit officials to work against the appeal, expected to be made by the U.S. Department of Transportation today. APTA spokesman Albert Engelken said the group's protests are “compelling and heart-rending." But he said APTA cannot afford a national mandate for the lifts, which cost $15,000 to install and even more to maintain. Engelken also cited low usage of the buses and suggested the lift requirement be a local option instead of a state mandate. “We're for accessible transportation for the disabled, and we do have it, but the local transit systems and the local disabled communities should decide what is needed because they know what's best." Reno’s Citifare would not be affected by the decision because transit officials already have made a commitment toward a 100 percent wheelchair-equipped bus system, said Bill Derrick, planning manager for the Regional Transportation Commission. All Citifare buses bought since 1984 are wheelchair-equipped, he said, and all non-equipped buses will be replaced by 1996. Mike Auberger, ADAPT founder and protest organizer, said the group has staged at least 14 demonstrations at APTA conferences during the last seven years throughout the United States and Canada. Auberger, 33, of Denver, who has been confined to a wheelchair since a bobsled accident 17 years ago, said demonstrators will follow APTA convention-goers for as long as it takes. “We’re not fighting Reno or any other city. We're fighting APTA,” he said. “We will go to jail, we'll get arrested, but so what — it's a misdemeanor. We'll do it again." Citifare accommodates the disabled more than some other cities, said Reno resident Dottie Spinnetta, 51, who suffers from muscular dystrophy and rides the buses five days a week. But RTC could improve the system by offering additional wheelchair space on the buses and bus pickups every 30 minutes instead of every hour. “I should be able to get around as everyone else can and not have to ask,” she said. “That’s what everybody wants — to be independent." The only drawbacks of using Citifare for John Civitello, 21, is that he has to get up at 4 a.m. to catch a 6 a.m. bus that takes him to his job with American Handicapped Workers. He then waits outside the office another hour until his workday begins at 8 a.m. PHOTO by Joanne Haskin: Two policemen are standing one behind the other, facing a third and behind him is a fourth officer who is using what looks like a video camera. All the police wear hats and are looking down. From their midst, the wild head of Arthur Campbell sticks out, his long white hair flying in different directions, a strange grin on his face and his intense eyebrows above his dark eyes. The police seem to be cradling him, and look down at him. Caption reads: Protest scuffle—Sparks police detain one of the ADAPT protesters that blocked the entrance to John Ascuaga's Nugget during a demonstration Sunday afternoon. Sparks police made a total of 49 arrests during the protest.
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Wednesday, APRIL 12 1989 RENO GAZETTE-JOURNAL Photo by Tom Spitz/Gazette-Journal : A somewhat frail looking man, Randy Blatz, in a large wheelchair sits sideways looking at the camera. A sign is taped to the side of his chair; it reads "WE WILL RIDE." His legs are extended out in front of him and are covered by a blanket. Behind him another wheelchair protester looks at the camera with his arm up shading his face and his view. Behind them are other protesters in a line, pretty much filling the picture. Caption reads: BACKER: Randy Blatz of Hayward, Calif, shows support for his locked-up comrades Tuesday outside the Washoe jail. [Headline] Disabled protesters maintain hunger strike [Subheading] Jailed demonstrators getting care, sheriff says By Susan Voyles/Gazzette-Journal A hunger strike in the Washoe County jail by 22 handicapped prisoners — arrested for obstructing sidewalks while protesting a public Transit meeting in Sparks -— continued Tuesday night, although nine demonstrators broke their fast. Leaders of the American Disabled for Accessible Public Transit (ADAPT) group encouraged jailed protesters to break their fast after Washoe County Sheriff Vince Swinney early Tuesday afternoon promised the inmates more nurses, if needed, and more medical supplies. But Lt. Rod Williams said the hunger strike wasn't over medical treatment. "They're protesting the fact they're here,“ he said, “not the conditions in the jail." The hunger strike began Monday night after 25 people were arrested and jailed in a demonstration against public transit officials meeting at John Ascuaga's Nugget. The meeting concludes today. Five others have been in jail since Sunday night, when ADAPT began a planned four-day protest. They're here to protest the western regional meeting of the American Public Transit Association, which is fighting ADAPT's legal efforts to require all federally funded transit systems to buy buses equipped with wheelchair lifts. Swinney said one female prisoner vowed to continue her fast even though she was warned by a doctor that she'll ultimately go into seizures. Another woman, Diane Coleman of Los Angeles, was released from Washoe Medical Center Tuesday morning after being given liquids intravenously for dehydration. She was taken to the hospital about 3 a.m. Tuesday when she began vomiting. Mike Auberger, organizer of the Denver based group, and Pat Gilbert, his Reno attorney, met with Swinney early Tuesday afternoon to discuss jailed ADAPT members complaints. "People in charge are now in the process of trying to respond to the situation, which they've never been in before," Auberger said at a news conference outside the jail. “It's a lot more positive than it was two hours ago." Swinney said the jail has put 11 nurses to work, nine more than usual. And more nurses and a doctor will be brought in if needed, he said. But he admitted the jail did not have enough medical supplies, such as catheter drainage bags, on hand and had to order more. Normally, the jail sees only about six handicapped prisoners a year. Sparks Municipal Judge Don Gladstone defended the sentences handed down to the protesters. Of the 30 in jail, the majority were sentenced to three days for obstructing sidewalks, fire entrances or a police officer, and given an average fine of $580. On Sunday, only five of 49 people arrested went to jail. Those five pleaded innocent and will have their trials Monday. Gladstone said he warned ADAPT members he'd get tougher on them. "Clearly, everyone was put on notice," he said. "We're not following their rules" Auberger, who was also arrested but paid a fine to get out of jail Monday night, was outraged so many of his people were arrested. "I have been in many cities where I have done civil disobedience and I wasn't arrested," he said. "Maybe it's the politics of Sparks that the city has to respond to what the Nugget wants. it's real clear (Gladstone) was being forced to do what he did." “They don't toss people in jail for blocking sidewalks in most cities," complained Pete Mendoza of Marin County, Calif. "They were researching ordinances to arrest us.“ Gladstone who said he supports the rights the handicapped are seeking, said he is simply doing his job and the demonstrators were amply warned. Among the 50 or so protesters outside the jail Tuesday was Beverly Furnice of Denver, with a thick, fresh bandage around one of her twisted legs. She claims her leg was broken Sunday night when a security guard tried to move her out of a doorway. She was treated at Sparks Family Hospital, but officials would not confirm that her leg was broken. She was arrested after the incident, and said she sat in Sparks Municipal Court for five hours before she was released with a verbal warning. Nugget spokesman Parley Johnson said he's not sure what happened to Furnice. "There was a lot of shoving and pushing going on," he said "If it did happen, I'm very sorry about it." Gladstone said he doubted she broke her leg. He said he and his staff held arraignments until midnight Sunday and were far more inconvenienced than Furnice or anyone else arrested.
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The Daily Sparks Tribune: Thursday, March 23, 1989 - Vol. 77. No. 224 @ 1989 Sparks Tribune Co [Headline] Protesters plan to disrupt convention By Faith Bremner Tribune Staff A national handicapped rights group says it will take over downtown Sparks next month and commit acts of civil disobedience to draw public attention to handicapped accessible public transportation. But American Disabled for Accessible Public Transportation's (ADAPT) specific target will be the American Public Transportation Association (APTA) convention at John Ascuaga's Nugget April 9-13. In 1980, APTA successfully lobbied the federal government to drop a requirement that all public transportation systems that receive federal funds must purchase buses with wheelchair lifts, ADAPT co-founder Mike Auberger said. APTA represents about 450 transit authorities in the United States and Canada, including Citifare which is hosting the convention. "Everything we do will be centered around transportation,” Auberger said in a telephone interview this morning from ADAPT's Denver, Colo. headquarters. “That's the only reason “we're coming to Sparks; We‘re not coming to the city just to inconvenience Sparks.” Auberger said he expected about 150 ADAPT members from all over the country to show up during the convention and do things like chain themselves to city buses and block the entrances to the Nugget. Sparks Police Department spokesman Tony Zamboni said the department is aware of the convention and of ADAPT's plans to protest. He said Sparks Police are in contact with other police agencies around the country that have dealt with the group. "We are here to provide a service and we will protect these person's first amendment rights as well as anyone else‘s," Zamboni said. "We are prepared for the outcome of any situation such as this.“ Sue Hyde, marketing manager for the Regional Transportation Commission which oversees the Citifare operations, said her agency does not plan to change its operations during the convention. Seventy percent of Citifare‘s buses are already equipped with wheelchair lifts and plans to purchase more, she said. Most of the buses that come into downtown Sparks have the lifts, but some of them don’t, she said. “I don't think Citifare should have any problems," Hyde said. "If they block our buses they would be hurting their constituency." Since it was founded six years ago, ADAPT members have experienced 1,000 arrests — all at APTA conventions, Auberger said. "It‘s a varied group, we're all very experienced." Auberger said. "The majority of the people have gone to jail a number of times and stayed in jail for a week at a time. "This is not a group that's afraid of the police. These people are willing to go to jail to make a point." The point to all the demonstrations, Auberger said, is to make life difficult and inaccessible to the APTA conventioneers, just like it is for people in wheelchairs who can't get onto buses. The organization also uses its demonstrations to make the public think about handicapped access to public transportation, Auberger said, even if the public reacts negatively to ADAPT's methods. "(The public) doesn't have to like what we do or support what we do but it‘s important for them to think about the issue,“ Auberger said. It‘s not easy to arrest someone in a wheelchair, Auberger admits. "We've had cases where people were taken out of their wheelchairs and their chairs were left behind" Auberger said. “If the police don't have a van with a lift, they sometimes lift the chairs right into the paddy wagons. "The motorized wheelchairs can weight up to 300 pounds. It's not an easy process."
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This article is continued in photo 451, but the text of the entire article is included here for ease of reading. The Handicapped Coloradan May 1989 VOL. 11, NO. 11 Boxed text in masthead: If you use a wheelchair and ever tried — or wanted -- to board an accessible bus in Detroit between Nov. 10, 1984, and the present, you owe it to yourself to read Justin Ravitz‘s story on p. 3. Photo: Man, in a dark suit standing against a white background with his hands in his pockets. He has dark hair and large eye glasses, a firm thoughtful look on his face. Caption reads: Mayor Pena tells UMTA officials they have a “moral obligation" to put lifts on buses. [Headline] Court grants transit rehearing In the wake of an often ugly battle with police, hotel security guards and the courts in Reno, wheelchair activists are heading for Philadelphia where the U.S. Court of Appeals has agreed to vacate its Feb. 13 decision to require all new buses purchased with federal funds to be equipped with wheelchair lifts. The case will now be heard by the entire 13-member court rather than the three judges who originally handed down the decision on a 2-l vote. The rehearing was requested by the Department of Transportation and the Department of Justice. Six disabled leaders had met with President Bush in an attempt to persuade him to call off the appeal. Bush didn't give them an answer at the time, said Wade Blank, one of the founders of the radical American Disabled for Accessible Public Transit (ADAPT), "but it's obvious the President has no intention of taking our side." So when the court convenes at 10 a.m. May 15, scores of wheelchair demonstrators will be outside chanting, "We will ride," the battle-cry of the six-year old movement. At press time, demonstrators were planning on arriving in Philadelphia on May 12 and demonstrating in front of the Justice Department there, up to but not including being arrested. "That will come later," Blank said. On Saturday, demonstrators are expected to attempt to board city buses, crawling onto them if necessary, and to otherwise disrupt service until Philadelphia transit officials sign an agreement promising to provide accessible service. Then on Sunday, the day before court opens, demonstrators will don Revolutionary War uniforms and march from Independence Hall to the federal courthouse, led by fife and drum. The movement is at a crossroads, Blank said, pointing out that many of his fellow activists are afraid that the court will reverse its pro-accessibility vote when its decision is made known, 30 to 90 days from now. Many of those activists are reluctant to appeal the decision to the U.S. Supreme Court if they lose in the Court of Appeals, arguing that the high court has a conservative majority, “We might have to wait 20 years before we get a liberal court," Blank said. "Better we find out where we stand with the court right now and then decide on a course of action." ADAPT has had plenty of experience with conservative judges in recent weeks, according to Blank, who said he broke down and cried at the treatment wheelchair defendants received in the Sparks courtroom of judge Don Gladstone. Gladstone told demonstrators that their mass arrests had "tarnished" their cause and suggested that the group needed "new leadership." Blank said Gladstone's courtroom was a zoo. "He locked the doors and screamed at us." Gladstone wasn't the only person in Reno and Sparks who was upset with ADAPT, which was there to protest at a regional meeting of the American Public Transit Association (APTA) as they have done in 16 other cities over the latter group's refusal to endorse mandatory accessibility for all transit systems in the country. The police weren’t very happy, either. Some 72 demonstrators were arrested during the 5-day-long protest, with about half of that number going to jail. City officials estimated that the protest cost local taxpayers at least $116,000. Police estimated their costs of controlling the group at $79,275, while the sheriff's department, which runs the Washoe County jail, placed its costs at about $34,164. Gladstone said municipal court costs will run about $3,000. But it wasn't just the money that bothered city and county officials. "While (the police) are out there handling these individuals and you cal 911, the response times change dramatically,” said Sparks Municipal Court judge Andy Cray. Police Lt. Tony Zamboni said, "We understand these people have certain rights, but they also don't have the right to obstruct other citizens." Sheriff Vince Swinney agreed with Zamboni and also seemed a bit miffed that the media were playing up the plight of the demonstrators. "Somebody should realize this is what these people want to do," he said. "if they were treated like royalty, they wouldn't be happy. And the media is playing it up 100 percent. I really think that we who have been here and will continue to be here deserve some credibility." ADAPT organizer Mike Auberger, 34, of Denver, said that the Washoe County jail was not prepared to deal with housing 30 disabled prisoners, although sheriffs department officials disagreed, saying that extra doctors and nurses were on duty. Twenty-two of the jailed demonstrators staged a hunger strike, including one woman who was warned by a doctor that she would ultimately go into seizures if she participated in the fast. Another demonstrator, Diane Coleman, an attorney from Los Angeles, was taken from the jail at 3 a.m. Tuesday morning when she started vomiting. Coleman was taken to the Washoe Medical Center where she was given liquids intravenously for dehydration. Headline for part 2 of article: Reno protest turns ugly as judge lectures ADAPT ”Get new leaders. ” Blank said that three or four demonstrators had to be hospitalized when they returned home because of inadequate care received at the jail. For example, Auberger was not allowed to empty his leg bag and he went into hyper reflex, according to Blank. “His blood pressure shot up to 300 and nearly blew his head off," Blank said. Unable to place a call to fellow ADAPT members in Sparks, Auberger was forced to call his parents in Indiana to see about getting help. Ultimately, Auberger had to bail himself out of jail in order to get medical treatment. “That's when the police began telling other jailed demonstrators that their leaders were bailing out on them," Blank said. Demonstrators also complained that the police in Reno and Sparks were rougher than the ones they had dealt with in other cities, pointing out that more of them were actually handcuffed than was usually the case. Most of the demonstrations took place outside the Nugget Casino and Hotel, which was serving as APTA's convention headquarters. Some 700 delegates were staying there. Demonstrators attempted to block all the entrances to the hotel to show APTA delegates what it is like not to have access to public institutions, buildings and buses. One demonstrator, Beverly Furnice, said her knee was broken when a Nugget security guard hit her leg as she was wheeling up to the door on the southeast side of the hotel. Nugget spokesperson Parley Johnson said he was sorry to hear about Furnice. “We made every possible effort to ensure the safety of all involved," he said. "However, if we have someone trying to get in, and we're trying to get the doors closed, what can I say? The person (trying to get in) is contributing to the problem. "We could not allow the group to come in and disrupt our business and cause problems with our customers. And we have every right to do this." Judge Gladstone several times commented on how well the hotel staff and police handled the situation. “He's just a front man for the casinos," Blank commented. On the other hand, demonstrators had nothing but praise for Reno's Citifare public transit system, which has already made a commitment toward a 100 percent lift-equipped bus system. All Citifare buses bought since 1984 have lifts, and the system expects its nonaccessible buses to be phased out by 1996. "We're not fighting Reno or any other city," Auberger said. “We're fighting APTA." Less than three weeks later, demonstrators were doing just that again, this time in Denver, where ADAPT was founded in 1983, Some 30 demonstrators were arrested as they protested outside the Radisson Hotel, where the Urban Mass Transit Association (UMTA) was holding a national transportation conference. The next day, April 25, 40 demonstrators, 30 of them in wheelchairs, were forcibly removed from the Federal Building at 9th and Stout by federal officers. Demonstrators were protesting word that the Department of Transportation, of which UMTA is part, had decided to appeal the Court of Appeals decision. "We are tried of winning lawsuits and never getting them implemented," said protester Maureen O'Rourke. UMTA‘s Alfred A. DelliBovi disagreed with the original court decision, saying his agency supports letting each transit provider decide how to handle disabled riders. Earlier Mayor Federico Pena met with ADAPT and reiterated his strong support for their goals, a statement he repeated when he met later with UMTA officials. Pena was responsible for forcing APTA officials to allow ADAPT to address its national convention in Denver in 1983. That is the only time ADAPT members have been allowed inside an APTA convention.
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The Daily Sparks Tribune Wednesday, April 5, 1989 - Vol. 77, No. 233 © 1989 Sparks Tribune Co, [Headline] Protest from page 1A [we don't have part one of this article] Auberger, who arrived in town Monday to prepare for the protests, said he expects about 150 handicapped people from around the country to show up. Auberger said he met with members of the Sparks and Reno police, the Washoe County Sheriffs Department and court marshals Tuesday. “It's definitely threatening but I think the people coming in here are well aware of what could happen to them,” Auberger said. Already Auberger has had a confrontation, albeit a friendly one, with Nugget security and Sparks police. Monday when Auberger was casing the outside of the Nugget, with video camera in hand, a security guard and a police officer approached him and knew him by name, he said. “It gave me a real feeling for how the police are going to respond and how the casino security will respond,” Auberger said. “It was like the casino burped and the police said ‘Excuse me,’ and that's not normal.” Auberger said his group has yet to begin drawing up strategy on how it will carry out its demonstration. However, Auberger predicted his group won’t be happy with being confined to B Street. “(The location) is very visible to traffic on B Street but it won't be visible to APTA members" Auberger said. “The spot is perfect if your issue is with the public or it‘s directed at the Nugget.” Auberger said his group is not violent although it is confrontational. Zamboni showed the press a 10-minute video tape of an ADAPT demonstration held in San Francisco Sept. 28, 1987. The video tape showed demonstrators blocking a SAMTRANS bus and tying their wheelchairs to the vehicle’s wheelspokes and sitting on the Powell Street cable car turn-around. It also showed police handcuffing protestors to their wheelchairs and the protestors chanting “We want to ride,” and “We want access.”
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PHOTO by Patrick Forden/Gazette Journal; The photo is looking up at Mike Auberger in a non-ADAPT T-shirt and jeans, with a short beard and mustache, hands on his hips. His chair is somewhat visible and his left leg elevated. He is sitting in the doorway of a fancy Casino with a Nugget Casino sign over the door. Caption reads: ORGANIZER: Mike Auberger of Denver says his cause is worth going to jail for. TITLE: Disabled group plans protest at transit meeting in Sparks By Susan Voyles/Gazette-Journal Up to 150 wheelchair-bound people are expected to protest outside John Ascuaga’s Nugget beginning Sunday, and Sparks police say they are ready. The protest is being staged by a national group called The American Disabled for Accessible Public Transit, and its target is the western regional meeting of the American Public Transit Association. As many as 700 people representing public bus systems, including many that don’t have buses with lifts to handle wheelchairs, are expected to attend. In protests at 16 other cities in recent years, disabled protesters have held marches, crawled onto or chained themselves to buses, and barricaded hotels where the public transit association held its meetings. “We try to make their conventions as inaccessible to them as they have made transportation to disabled people ” said protest organizer Mike Auberger of Denver. “They can’t just come and have fun." Auberger, 34, said he met earlier this week with representatives of Sparks police, the Washoe County Sheriff’s Department and Nugget security. He was handed a 32-page list of possible violations, including felonious assault, that his group could be charged with. “From what I heard, the police department’s tactic is going to be to intimidate,” Auberger said. “I wouldn’t be surprised to see the police on Sunday in riot gear.” Auberger, who arrived in town Monday to prepare for the protests, said he expects about 150 handicapped people from around the country to show up. Auberger said he met with members of the Sparks and Reno police, the Washoe County Sheriff’s Department and court marshals Tuesday. “It’s definitely threatening but I think the people coming in here are well aware of what could happen to them,” Auberger said. Already Auberger has had a confrontation, albeit a friendly one, with Nugget security and Sparks police. Monday when Auberger was casing the outside of the Nugget, with video camera in hand, a security guard and a police officer approached him and knew him by name, he said. “It gave me a real feeling for how the police are going to respond and how the casino security will respond," Auberger said. “It was like the casino burped and the police said ‘Excuse me,’ and that’s not normal." Auberger said his group has yet to begin drawing up strategy on how it will carry out its demonstration. However, Auberger predicted his group won’t be happy with being confined to B Street. “(The location) is very visible to traffic on B Street but it won’t be visible to APTA members,” Auberger said. “The spot is perfect if your issue is with the public or if it's directed at the Nugget." Auberger said his group is not violent although it is confrontational. Zamboni showed the press a 10-minute video tape of an ADAPT demonstration held in San Francisco Sept. 28, 1987. The video tape showed demonstrators blocking a SAMTRANS bus and tying their wheelchairs to the vehicle's wheelspokes and sitting on the Powell Street cable-car tum-around. It also showed police handcuffing protestors to their wheelchairs and the protestors chanting "We want to ride,” and "We want access."
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PHOTO by Tom Olin: Tim Cook stands amid a mass of ADAPT folks in wheelchairs, standing with signs and without. People are milling around an in the distant background are police cars and other vehicles and a grassy hill with trees and shrubs. No one is especially looking at Tim. He is wearing a white dress shirt, tan pants and a bright red necktie. His hands are on his hips and in his left hand he is holding his jacket and briefcase. In the crowd behind Tim you can see Gwen Jackson, Julie Nolan, Laura Hershey, Frank McColm and many others, and a TV reporter and camera are interviewing someone. Tim is the attorney who represented ADAPT in our case against DOT (ADAPT v. Burnley). This picture was apparently taken in Baltimore, but since Tim was so integral to the case it is included here. Everyone, all the hot shot disability lawyers, said Tim could not win this case -- but he did. [Tim is one of my heroes. -- Stephanie Thomas]
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June 1989 ROLL CALL Page 11 [Headline] CORD Reps Join ADAPT in Philadelphia to Support Third Circuit Ruling Amy E. Hasbrouck & Kent Killam When the Third Circuit Court of Appeals in Philadelphia handed down its landmark decision in February — mandating lifts on new public transit buses, and eliminating the 3% cap on spending for access -— only three of the 12 judges ruled in the case. Usually such rulings stand unchallenged, but in this case the Bush administration chose to file a motion to have the decision reheard, according to Bill Henning, Director, and Kent Killam, an Organizer/Advocate at the Cape Organization for the Rights of the Disabled (CORD). On Monday, May 15, all 12 judges heard arguments in a suit filed by American Disabled for Accessible Public Transportation (ADAPT) demanding “meaningful” access to public transit for people with disabilities. Over 50 disabled rights activists turned out in Philadelphia over the preceding weekend to voice support for the original ruling, and objection to inaccessible public transportation. Many local activists were on hand for the weekend protests, including, Bill Henning, Michael Early, Killam and several others from CORD; BCIL member Leo Lucas; Fred Zepernick, an organizer for the Cape United Elderly; and Brian Shea, a member of BCIL’s Consumer Affairs Committee. Killam described what happened when the protesters arrived in Philadelphia on Friday afternoon. “We marched into the courthouse requesting to see the U.S. Attorney [Baylson] for the Philadelphia District," he said. “We could only get five people in through security, because they said the Attorney’s office was small. It got a little heated with security, and at one point we wound up blocking the metal detector and the gate. If they weren’t going to let us in to see the attorney and then we said ‘no one was going.’ They dragged chairs away, and we would wheel right back in.” Killam said the scene ended with Baylson phoning Attorney General Richard Thornburgh who was assisting the Department of Transportation (DOT) on the case. Baylson also met with the activists in the Ceremonial Court, an accessible courtroom on the first floor where the hearing would be held on Monday. “He said he had placed the call and expressed our concerns; how important this decision is for persons with disabilities to get out and be able to mainstream, the disabled term for integration. We were here showing our support and trying to express how important it was that this decision not be overturned.” Killam said Baylson sounded receptive. “On Saturday at 1 p.m. we gathered outside the courthouse on Sixth and Market streets," Killam continued. “We decided we wanted to ride the bus to New Jersey. To sum it up, we had three buses blocked." Bob Kafka of ADAPT crawled onto a bus at curbside, and as a second and third bus arrived, each was blocked and one demonstrator would leave his or her chair and climb onto the bus. Killam said when the second bus arrived, “The bus driver was holding up his hands saying ‘OH NO, not me!’ If they were smart they wouldn’t’ve let him through. We blocked that quarter of the intersection, traffic was blocked, people were pissed. They wound up having to let the motorists drive one at a time on the sidewalk. We plastered the buses with ADAPT stickers. “I didn't crawl on initially,” said Killam, who volunteered when another activist could not continue. “Toward the end I wasn't thinking much. I was thinking of what we had accomplished. And hoping it would make a difference, come Monday.” The police called the media, a press conference was held, then the demonstrators cleared the street. No arrests were made, and the police were very cooperative, according to Killam. “I felt people around were getting the point. I'm not sure if the proper people got the point." Killam said that one TV station gave the event limited coverage. “That night it was like a 25 or 30 second clip. ‘Bunch of radical gimps block buses’ that was about it." CORD Director Henning summed up the message of the action: “Without lifts on buses, the only way we can get on was to crawl.” On Sunday the group gathered in front of Independence Hall. Many people wore Revolutionary War costumes tri-cornered hats and white wigs. Someone also carried an ADAPT flag which resembles the American flag except that stars are arranged to form the international symbol of accessibility. The group marched around the two-block perimeter of Independence Hall. “When we were having the march a lot of people were applauding and taking pictures," said Killam. “Much better response on Sunday than on Saturday; we weren't blocking the buses." The march ended in the Liberty Bell pavilion. “We decided to rename it the Access Bell, as a lot of organizations have adopted it as their trademark. “We then marched across the street to the courthouse and did our all-night vigil. It started raining a little, but the building had an overhang. Different TV stations showed up. One station did a beautiful piece on the 11 o’clock news. One crew came at four in the morning to get footage for their 6:15 morning news on Monday. No one tried to make us leave. “Monday morning finally rolled around, and we went inside the courthouse to wait for the hearing. I'm told the hearing went well. Tim Cook, the attorney for ADAPT, did an excellent job! He was very to the point, well-worded, his thoughts were well organized, and he answered the questions very well. The DOT attorney was just mediocre." Bill Henning noted some highlights of ADAPT ‘s presentation. “Tim argued that federal statute guarantees access and so all buses must have lifts. Providing lifts is not a hardship economically and without lifts, there is extreme discrimination. The opposing attorney said it would be an undue burden to provide lifts." Henning wondered if crawling onto a bus is not an undue burden? He said it could be up to four months before the decision comes back, and described some possible outcomes. "They have a number of options, which range from accepting the original decision, to reconsidering it and issuing an entirely new decision." Henning said all the actions were designed to raise consciousness. “To that effect I think it was extremely well done," he said. “There was national attention on the event. This is an important decision because what it filters down to is that separate is not equal. It's vital that there be popular support. A lot of activists put themselves on the line for the cause."
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PHOTO by Tom Olin: A crowd of ADAPT protesters in various items of Revolutionary War Patriots garb surround the Liberty Bell. Park Rangers stand on either side of the bell. A man in a manual wheelchair wearing a wig and rainbow suspenders sits with his back to the camera, a Disabled But Able to Vote bumper sticker across the back of his chair. Bob Kafka in a colonial jacket and tri-cornered hat faces the camera, to his left Mike Auberger is talking with a person with a small child on their hip. In the center of the picture, partially obscuring the Liberty Bell is a poster that reads "We Need to Get There Too!!" In the background green trees can be seen through a huge plate glass window.