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Courier Journal, Louisville, KY PHOTO (staff photo by Paul Schumann): A dark paneled office with official looking pictures and places on the walls, is full of people in wheelchairs, and a couple of people standing at the back of the group. Those in wheelchairs (ranging from manual chairs to motorized ones appears to be listening. To the right of the picture a man in a white shirt and tie is standing with his arms crossed looking down at some of the people in wheelchairs. In the center of the front of the picture a man with a short pony tail (Arthur Campbell) talks to the man standing. To his left a woman in a chair (Ann ____) looks on. Caption reads: Assistant U. S. Attorney Terry Cushing talked to members of disability-rights groups yesterday as they held a sit-in in the lobby of the U. S. attorney’s office. [Headline] Advocates of disability rights hold sit-in in support of transit ruling By CLARENCE MATTHEWS Staff Writer About a dozen members of disability-rights groups held an impromptu sit-in in the lobby of U.S. Attorney Joe Whittle’s office in Louisville in support of a federal court ruling that public transit must be accessible to disabled passengers. The sit-in was orderly, and the group left about three hours after entering the office. A 3rd U.S. Circuit Court of Appeals panel ruled 2-1 last month that lift-equipped buses are part of Congress‘ mandate to make public transportation more accessible to the disabled. The court also ordered the U.S. Department of Transportation to rewrite regulations that let cities offer the disabled alternative services, such as van rides. It said the 24-hour reservations required for such services hinder use of mass transit. Representatives of local disability-rights groups began demonstrating at ll:30 a.m. outside the Federal Building at Sixth and Chestnut streets. They formed a noon-hour caravan of wheelchairs for the trip to the U.S. attorney's office on the 10th floor of the Bank of Louisville building at Fifth Street and Broadway. Demonstrators asked that the U.S. attorney call John Sununu, the White House chief of staff, to tell President Bush to instruct federal officials not to appeal the decision. When told Whittle was ill, the demonstrators asked to meet with an assistant. Arthur Campbell Jr., a spokesman for the group, told Assistant U.S. Attorney Terry Cushing, “This ruling; gives us the freedom that the rest of society takes for granted." Cushing promised to pass their request on to Whittle. "Can’t you do that now?" a demonstrator asked. Cushing said he couldn't because someone was waiting in his office, but promised to do it later. “We’ll wait until Monday if necessary," another group member said. They left about three hours later, after Cashing called Whittle and several members of the group spoke to him. "He (Whittle) asked me to take some additional information from them about the case. and they left," Cushing said. The demonstration was part of a nationwide observance sponsored by American Disabled for Accessible Public Transportation, a plaintiff in the federal Court case, and other disability rights groups. - ADAPT (604)
Courier Journal, Louisville, KY PHOTO (staff photo by Paul Schumann): A dark paneled office with official looking pictures and places on the walls, is full of people in wheelchairs, and a couple of people standing at the back of the group. Those in wheelchairs (ranging from manual chairs to motorized ones) are facing in various directions but generally form a circle. Everyone appears to be listening. To the right of the picture a man in a white shirt and tie is standing with his arms crossed looking down at some of the people in wheelchairs. In the center of the front of the picture a man with a short pony tail (Arthur Campbell) talks to the man standing. To his left a woman in a chair (Ann ____) looks on. Caption reads: Assistant U. S. Attorney Terry Cushing talked to members of disability-rights groups yesterday as they held a sit-in in the lobby of the U. S. attorney’s office. [Headline] Advocates of disability rights hold sit-in in support of transit ruling By CLARENCE MATTHEWS Staff Writer About a dozen members of disability-rights groups held an impromptu sit-in in the lobby of U.S. Attorney Joe Whittle’s office in Louisville in support of a federal court ruling that public transit must be accessible to disabled passengers. The sit-in was orderly, and the group left about three hours after entering the office. A 3rd U.S. Circuit Court of Appeals panel ruled 2-1 last month that lift-equipped buses are part of Congress‘ mandate to make public transportation more accessible to the disabled. The court also ordered the U.S. Department of Transportation to rewrite regulations that let cities offer the disabled alternative services, such as van rides. It said the 24-hour reservations required for such services hinder use of mass transit. Representatives of local disability-rights groups began demonstrating at ll:30 a.m. outside the Federal Building at Sixth and Chestnut streets. They formed a noon-hour caravan of wheelchairs for the trip to the U.S. attorney's office on the 10th floor of the Bank of Louisville building at Fifth Street and Broadway. Demonstrators asked that the U.S. attorney call John Sununu, the White House chief of staff, to tell President Bush to instruct federal officials not to appeal the decision. When told Whittle was ill, the demonstrators asked to meet with an assistant. Arthur Campbell Jr., a spokesman for the group, told Assistant U.S. Attorney Terry Cushing, “This ruling; gives us the freedom that the rest of society takes for granted." Cushing promised to pass their request on to Whittle. "Can’t you do that now?" a demonstrator asked. Cushing said he couldn't because someone was waiting in his office, but promised to do it later. “We’ll wait until Monday if necessary," another group member said. They left about three hours later, after Cashing called Whittle and several members of the group spoke to him. "He (Whittle) asked me to take some additional information from them about the case, and they left," Cushing said. The demonstration was part of a nationwide observance sponsored by American Disabled for Accessible Public Transportation, a plaintiff in the federal Court case, and other disability rights groups. - ADAPT (603)
Weekly Reader Edition 4 Volume 71, Issue 7, October 27, 1989 PHOTO (-(c) 1988. Paralyzed Veterans of America, by permission of Paraplegia News): A metrobus (city bus) is stopped at a bus stop. A man in a wheelchair is sitting on the lift that comes out from the front door of the bus. He's wearing a sports coat, tie and has a neat beard and laptray with something like a brief case or computer resting on the lap board on his chair. He is up at the level of the floor of the bus and he is talking with 2 women in business attire who are standing on the sidewalk at the bus stop. There is an tall, modern office building across the street behind the bus. Caption reads: Buses with special lifts help disabled people in wheelchairs travel around. [Headline] New Law for Americans with Disabilities Can a deaf person use a public telephone? Can a person in a wheelchair work on the top floor of a tall building? Can a mentally retarded person work and earn money? The answer to all of these questions is yes—if they receive special help. A new law in the U.S. may provide that special help for millions of disabled Americans. The law is called the Americans with Disabilities Act. The law says that Americans who are disabled have the same rights as Americans who aren't disabled. The law may help change and im- ... (Continued on page 2) INSERT: Vocabulary Box disabled—not able to do something right—something to which a person has a claim - ADAPT (602)
This story appears on 595, 590 and 602. The story is included in 595 in its entirety for ease of reading. - ADAPT (601)
THE DENVER POST / NATIONAL Friday: September 9, 1989 [Headline] Senate approves bill to guarantee rights of disabled By Knight-Rldder News Service WASHINGTON — An estimated 43 million America with disabilities won a major victory last night as the Senate approved a landmark bill aimed at moving them into the nation’s social and economic mainstream. The Senate, on a 76-to-8 vote, passed legislation that would extend for the first time sweeping civil rights protections to persons with hearing impairments, epilepsy, AIDS and dozens of other physical and mental disabilities. The measure, which now goes to the House for expected approval, would ban discrimination in the hiring of the disabled; require businesses, shops and transit systems to make their facilities more accessible to the wheelchair-bound; and force telephone companies to provide special operators for the deaf. The bill was endorsed last month by President Bush, and administration lobbyists joined advocates for the disabled yesterday in opposing efforts to modify the legislation to meet business objections that it will be too costly to small firms. Business leaders warned that the measure could put some employers out of business if.they were required to make expensive structural changes in their buildings to accommodate disabled customers and workers. Critics also said the compliance provisions of the bill were vague and would result in years of litigation in federal courts over what constituted discrimination against the disabled. Major provisions of the Americans with Disabilities Act would: * Prohibit employers from discriminating against qualified job applicants with disabilities. Changes to accommodate the disabled in the workplace would be required unless they would cause an “undue hardship," a term critics say is too vague. * Require new business establishments to be accessible to the disabled and require existing establishments be made accessible if the alterations are “readily achievable." * Require new buses and trains to be equipped with wheelchair lifts. * Require telephone companies to provide operators who could relay messages from the deaf to hearing individuals. Deaf persons can communicate with each other by telephone now by using Telecommunications Devices for the Deaf (TDDs), but can't communicate with people who don't have the TDDs. “We’re not asking for special treatment," said Pat Wright, government affairs director of the Disability Rights Education and Defense Fund Inc. “Whether it’s putting a ramp in or providing a reasonable accommodation in employment, it makes you equal, not special." The bill, as originally written, would have exempted Congress from its provisions — but that exemption was deleted during debate. And in another concession to the intense interest of the disabled in the measure, the Senate for the first time allowed an interpreter using sign language to translate the televised proceedings of the floor debate so that the deaf and hearing impaired could follow the action. Extending civil rights protections to people with AIDS or the AIDS virus had been recommended by a Reagan administration commission on AIDS, but was opposed by President Reagan himself. Bush, however, has supported the protection. The bill bars employment discrimination against persons with AIDS but does permit employers to deny jobs if the employee poses a significant risk of transmitting the infection to others. However, homosexuals are not covered by the legislation. They can still be discriminated against solely on the basis of their sexuality. After an inquiry by Sen. Jesse Helms, R-N.C., sponsors agreed to delete transvestites from nation protections. Helms also raised questions about providing protection to schizophrenics, manic-depressives and psychotics, but their status remained intact in the measure. - ADAPT (600)
The Boston Herald; Saturday; March 25, 1989 [Headline] Disabled protest at Fed DOT By Paul Sullivan SOME.-50 [100 is handwritten in] protesters, many in wheelchairs, demonstrated peacefully outside the U.S. Department of Transportation Building in Cambridge yesterday, urging DOT not to appeal a court decision favoring the disabled. The decision, handed down Feb. 13 by the U.S. Court of Appeals, stated all public transit systems receiving assistance from the federal government can purchase new buses only if they are accessible to the handicapped. The Cape Cod group, with many disabled people carrying signs that read, "A Kinder and Gentler Nation," gathered at the front door of the DOT building at 55 Broadway. The two-hour demonstration in chilly weather was one of several protests for equal access by disabled groups in major cities across the country yesterday. DOT spokesman Richard H. Doyle said six of the groups were allowed in the building to meet with officials. PHOTO (staff photo by George Martell): A smiling and balding young man in a suit bends forward and extends his arm to shake hands with one of four people in wheelchairs who form a partial circle around him. To his left and behind another man in a suit also reaches out to shake hands with another of the people with disabilities. The people in wheelchairs are all wearing winter coats. Behind the group is a camera person filming the event and behind him is the building and another official looking person. Caption reads: AN EXTENDED GREETING: Stewart Hobbs, left, and Richard Doyle, right, of the U.S. Department of Transportation greet disabled protesters at the DOT building in Cambridge yesterday. - ADAPT (599)
PHOTO: An African American woman in a motorized wheelchair sits in front of a group of other people in wheelchairs and standing. Several are wearing ADAPT no stairs logo T-shirts. The woman in front has a sign across the front of the wheelchair that says "Access Now. We will Ride." They are on a city street in an urban downtown area. Caption says: SINCE 1983, ADAPT has picketed APTA is national and regional conventions, always an unwelcome guest. Scores of demonstrators have been arrested hundreds of times as they blocked the entrances to APTA's various hotel headquarters in such cities, as Denver, Detroit, Montreal, Los Angeles, San Francisco, Washington, D.C., Cincinnati, San Antonio, and Reno. Only once, in Denver in 1983, was ADAPT allowed to make its plea for accessible public transit before an APTA meeting, and then only after the city's mayor, Federico Pena, intervened. APTA insisted throughout the demonstrations that they weren't opposed to lifts per se, only to making the lifts mandatory on all public transit systems. APTA argued that it was a matter best decided by local transit providers. - ADAPT (598)
[Headline] Bus-lift rule leaves agencies in bind PHILADELPHIA (AP) — Advocates for the disabled yesterday hailed a federal court ruling requiring wheelchair lifts on new public buses, but a spokesman for transit agencies said the ruling doesn’t address vexing problems. "We’ve been grappling with this for a long time," said Albert Engelken, deputy executive director of the Washington-based American Public Transit Association. He said wheelchair lifts receive limited use where they exist and are an added expense to transit agencies at a time when federal subsidies have been dwindling. On Monday a 3rd U.S. Circuit Court of Appeals panel ruled 2-1 that Congress has made its wishes on accessibility clear and that lift-equipped buses are part of that mandate. The court ordered the U.S. Transportation Department to rewrite a regulation allowing communities to offer alternative "paratransit" service, such as van rides, to the disabled. It said the 24-hour reservations that riders need to make for such services hinder spontaneous use of mass transit. . James D. Fornari, a New York City attorney for a group of veterans with spinal cord injuries, said the ruling will force transit systems to look for the most efficient means of serving disabled people. He said the ruling also could influence Transportation Department regulations being drafted on light rail and commuter rail systems. “We are quite pleased with this decision and I see it as a springboard for making other transit systems which have buses accessible to the mobility impaired, so they can be mainstreamed into American life and society," Fornari said. Transportation Department spokesman Bob Marx declined comment on the ruling. - ADAPT (597)
PHILADELPHIA DAILY NEWS 3-25-89 PHOTO (by SAM PSORAS/ DAILY NEWS): A group of people with picket signs are gathered in front of a dark wall with a door. A woman (Cassie James) in a motorized wheelchair is sitting sideways in the center. She has a huge sign that reads in great big letters "ACCESS NOW." She has shoulder length hair and is wearing glasses, a dark coat, white pants and stylish boots. In front and to her left another woman in a wheelchair is sitting in front of the doorway leaning to one side talking to a woman in a midcalf length coat holding a cane. The woman in the wheelchair is holding a sign that reads "Disabled In Action." Above the door on the side of the wall you can read "841 Chestnut ..." Behind the woman in the center is another person standing with a sign that reads "Access is a civil right!" That person is looking at 2 other women standing, one of whom is holding an 81/2 by 11 sized bundle and is wearing a coat and boots and seems to be holding a bull horn. Beside her the last person is holding a sign that reads "No Appeal." Caption reads: ALL THEY ASK is ALL ABOARD A contingent of eight protesters, some in wheelchairs, picketed the United Mass Transit Administration office, 841 Chestnut St., yesterday in support of a recent 3rd U.S. Circuit Court or Appeals ruling that all buses bought with federal funds must be accessible to disabled riders and that all who can't use buses must be afforded other mass transit. The protesters said they represented a variety of advocacy groups staging protests nationwide on behalf of 5 million disabled and elderly Americans. - ADAPT (596)
Page 8-A EXPRESS-NEWS, San Antonio, Texas, Tuesday, February 14, 1939 [Headline] Federal court order could have impact on VIA budget Complied from Staff and Wire Reports INSERTED QUOTE: “ The impact of the majority‘s decision will be very substantial throughout the country and will interfere with the local decision-making authority. I feel the court is overreaching." - Judge Morton Greenberg PHILADELPHIA — A court order Monday requiring the US Department of Transportation to require transit authorities to equip new buses with wheelchair lifts could have a significant impact on the budget of San Antonio's VIA Metropolitan Transit. Attorneys who brought the lawsuit that led to the ruling called it the most important decision ever handed down for handicapped people needing public transportation. Carol Ketcherside, assistant for governmental affairs to VIA manager Wayne Cook, said the wheelchair lifts add at least $15,000 to the cost of a new bus. The average life-time of a VIA bus is 12 years, she said, and when the expense is spread across a fleet of 500 buses, the cost for lifts "would be significant." The $15,000 cost does not include the cost for maintaining the lifts or for refitting bus stops to make them accessible, she said. All bus stops being built by VIA currently are accessible, however. The 3rd U.S. Circuit Court of Appeals said Monday a Transportation Department regulation requiring all new buses to accommodate wheelchairs conflicts with another allowing communities to offer only an alternative service, such as special vans to the handicapped, which VIA offers. The court said a rule requiring reservations 24 hours in advance for use of the alternative transportation hinders the spontaneous use of mass transit by the handicapped. As a result, the court ordered transit authorities to make "reasonable accommodations to their programs, i.e. purchase wheelchair-accessible buses." The court also upheld a controversial decision requiring the Transportation Department to eliminate a cap on the amount of money transit authorities need to spend on making transportation accessible. A federal judge ordered VIA in 1985 to upgrade its services for the handicapped following a class action suit brought in 1983. The bus company's response was to create VIAtrans, a fleet of specially equipped vans that provide service to the handicapped who give advance notice. Ketcherside also said VIA already spends more than the 3 percent maximum the Transportation Department can require for its accessibility programs. "We far exceed the requirements of the federal government" she said. She said VIA will have to wait to see whether the Transportation Department will appeal the ruling or issue new regulations in accordance with the appeals court order to determine how it will affect the transit company. A coalition of disabled people and 12 organizations called Americans Disabled for Accessible Public Transportation (ADAPT) filed the lawsuit last year that led to the appeals court decision. ADAPT contended that a provision of the federal regulations allowed authorities receiving federal transportation funds to exclude the handicapped from "effective and meaningful" access. The provision allows transit authorities to decide among three types of handicapped-accessible transportation: accessible buses, vans for the handicapped, or combination of the two. U.S. District Judge Marvin Katz overturned the provision in cases where the transit authority buys any buses. He also overturned a regulation requiring authorities to spend no more than 3 percent -- of their average annual operating budget on transportation for the handicapped. Katz called the limit arbitrary and said it allowed transit agencies "to eviscerate the civil right" to transit service that Congress mandated for the handicapped. Circuit Judge Carol Las Mansmann in writing the 2-1 opinion also cited Congress' intent. "Congress wanted to provide the disabled with the capability to utilize mass transit to the 'maximum extent feasible.' The DOT has failed to show that requiring the future purchase of accessible buses oversteps this legislative intent." Mansmann wrote. In a dissenting opinion, Judge Morton Greenberg said the section requiring new buses to be accessible was not meant to apply to transit systems choosing paratransit system, such as special vans. He also [said] the 3 percent cap was not arbitrary. “ The impact of the majority‘s decision will be very substantial throughout the country and will interfere with the local decision-making authority," Greenberg wrote, "I feel the court is overreaching." Timothy Gold [Cook] who argued the case before the court, said the ruling was “a major, major victory for the handicapped community ... we can't say enough positve things about it." Gold [Cook], who is now director of the Washington-based National Disability Action Center, said he hoped the ruling would not be appealed in light of President Bush's recent comments about wanting to bring the handicapped into the mainstream." - ADAPT (595)
US NEWS AND WORLD REPORT Sept. 18, 1989 [This story appears in ADAPT 595, 590 and 602. It is included in its entirety here for ease of reading.] [Headline] Liberation day for the disabled by Joseph P. Shapiro Forty-three million will soon win basic civil-rights protections. Their growing movement has brushed aside the opposition and is changing America The day before the Senate passed historic legislation to protect the civil rights of disabled people, Mary Jane Owen got another rude reminder of the daily discrimination that faces people like her. Owen, a writer who is blind and uses a wheelchair, was lobbying senators for the disability-rights bill. But when she moved onto Constitution Avenue to go home, a taxi driver at curbside sped away rather than pick up a woman in a wheelchair. It is similar acts, repeated hundreds of thousands of times a day to the nation's 43 million disabled, that fueled an angry political movement that has brought the nation to a path-breaking moment. In a few weeks President Bush is expected to sign the Americans with Disabilities Act, a broad statement that will extend to the disabled the same protections against discrimination that were given to blacks and women in the 1960s and 1970s. The Senate passed the measure 76 to 8 last week, and the House is likely to approve it next month. The bill is a profound rethinking of how this country views disabled people, defined as anyone with a physical or mental impairment that "substantially limits" everyday living. For the first time, America is saying the biggest problem facing disabled people is not their own blindness, deafness or other physical condition but discrimination. The bill, says Senate sponsor Tom Harkin (D-Iowa), is "an emancipation proclamation for people with handicaps" that will fundamentally change their lives, getting more of them out of their homes and institutions and into full participation in society. Under the new law, restaurants, stores, hotels and theaters can no longer turn away a person with cerebral palsy, epilepsy, AIDS or any other disability. Employers would be prohibited from rejecting qualified workers just because they are disabled, and they would be required to fashion generally inexpensive modifications to the workplace to make it accessible to the disabled, such as putting a desk on blocks to raise it for a wheelchair user. It would also require that new buses be equipped with lifts so that wheelchair users could get on public transit. New buildings, or those undergoing major reconstruction, would have to be made accessible to disabled people, with elevators installed in shopping malls and new structures higher than two stories. Telephone companies would have to hire operators who could take a message typed by a deaf person on a Telecommunications Device for the Deaf (TDD) and then relay it orally to a hearing person on another phone. [Subheading] Cost of Access. Businesses, particularly small ones, are wary of the changes. John Sloan, president of the National Federation of Independent Business, complained that the bill will impose costly requirements on businesses" and is "so broadly written" that it is unclear how far, and to what expense, a business will have to go to avoid being open to a lawsuit. Sponsors of the bill said estimates that its implementation might cost billions of dollars were wildly exaggerated. Past experience shows they may be correct. When Congress in 1973 protected disabled people from discrimination by institutions that receive federal funding, North Carolina education officials estimated it would cost them $15 billion to make state university buildings accessible, says architect Ronald Mace of Barrier Free Environments. Instead, many changes were simple and cheap. To accommodate students in wheelchairs, classes were moved to ground floors rather than installing elevators to carry them to top floors. The cost so far has totaled $l5 million, says Mace. Similarly, a 1982 study for the Labor Department found that half the accommodations made in the workplace cost little or nothing. For example, it was easy for companies to change a wheelchair user's work hours to conform with the schedule of lift-equipped buses. Another 30 percent of the accommodations were achieved for between $100 and $500. That included such changes as giving a telephone head-set to a quadriplegic telephone operator. Despite the concerns of business groups, their opposition to a bill that would open them up to a new spate of lawsuits was surprisingly muted and not nearly as vociferous as their fight against the 1964 Civil Rights Act. For one thing, no one wanted to look like a bigot fighting a civil-rights bill, particularly one that was rushing through Congress. More important, businesses in the last few years have seen disabled people as a new source of labor and customers. “If they can get to the stores, business is going to increase" says the U.S. Chamber of Commerce‘s Nancy Fulco, who nonetheless lobbied to limit the rights bill's impact on business. [Subheading] Hidden Army. The mixed feelings of business groups underscored how disability rights is a civil-rights movement different from any other. Unlike the black and women's movements, disability-rights groups have never filled the streets with hundreds of thousands of marchers. Instead, the disability movement boasts “a hidden army,“ says former Representative Tony Coelho, who has epilepsy. Since a fifth of the nation's population has some form of disability, ranging from mental retardation to severe arthritis, Coelho argues, “disability impacts practically every family.“ Nowhere was that clearer than in Congress and the White House. where key supporters of the rights bill felt a particular need to win the bill‘s passage because they personally know about disabilities. Most important was President Bush, who has two sons with disabilities. Bush's strong statements in support of the bill during the 1988 campaign won him important support in the usually Democratic disability community. Nevertheless, the rights bill was in trouble until mid-June because of business fears about its cost. Then, on the day he left Congress, Coelho called Bush to ask him to renew his commitment to the bill. Within a few weeks, White House Chief of Staff John Sununu convened a strategy session with key senators to negotiate a compromise. That was easy to achieve once sponsors agreed to the White House request they drop the provision that would have allowed the disabled to sue for punitive damages if they were discriminated against. a provision that was the most opposed by business lobbies. From that moment, the compromise bill has been on a fast track. The success of the disability movement is extraordinary because it sprang up with little noise and little notice. One essential ingredient has been the growth of a new class consciousness among the disabled. Seventy-four percent of them feel they share a “common identity” with other disabled people, and 45 percent argue that they are “a minority in the same sense as are blacks and Hispanics,” according to a 1985 poll by Louis Harris & Associates. “All disabled people share one common experience—discrimination,” says Pat Wright of the Disability Rights, Education and Defense Fund. Often it is crude bigotry. In January, an airline employee in New York who resented having to help a 66-year-old double amputee board a plane instead threw him on a baggage dolly. A New Jersey private-zoo owner a few summers ago refused to admit children with Down syndrome to the monkey house because, he claimed, they upset his chimpanzees. It is that kind of outrage and countless more subtle discriminations that fueled the movement that now wants to change the image of the disabled. Many now reject the traditional attitudes of society that suggested their lives were tragic and pitiful. Many now loathe charitable appeals such as the annual Jerry Lewis Telethon that raised $42 million for the Muscular Dystrophy Association over Labor Day weekend. Such extravaganzas seek funds by emphasizing the most desperate cases. That kind of approach, activists say, suggests that disabled people are to be cared for and cannot be contributing members of society. “We don’t want to be dependent any more,” says Lex Friedan of the Institute for Rehabilitation and Research Foundation in Houston, who is a quadriplegic wheelchair user, the result of an automobile accident. “We want to be part of society in every way.” Such new attitudes reflect fundamental changes in the lives of disabled people. Since 1975, when federal law first ensured all disabled children access to schools, hundreds of thousands of disabled students have gotten a better education alongside nondisabled peers. Many grew frustrated after college, when they found there were few such protections to help once they tried to find jobs. A recent Census Bureau study concluded that the gap between the earnings of disabled and their nondisabled co-workers is growing. A disabled worker in 1987 made only 64 percent of what his nondisabled colleagues earned. In 1980, it was 77 percent. The 1985 Harris survey found that 70 percent of working-age disabled people were unemployed. Of those, two thirds said they wanted to work but were prevented from doing so because, among other reasons, they faced discrimination in hiring or lacked transportation. Those who do not work now collect federal disability and welfare checks, costing nearly $60 billion a year. “It doesn’t make sense to maintain people in a dependency state when those people want to be productive, tax-paying citizens,” argues Jay Rochlin of the President’s Committee on Employment of People with Disabilities. Although no one knows precisely how many millions of dollars could be saved by bringing the disabled fully into the work force, Sylvia Piper, an Ankeny, Iowa, mother, says she saved taxpayers $4.8 million by ignoring physicians who urged her to institutionalize her retarded son, Dan, when he was born. Instead, she kept him at home and sent him to public school with non-disabled children, the kind of role models who inspired him to get a job this summer. Dan, now 18, saved $800 from his pay as a drugstore stockroom worker. His first purchase was a gray bedroom rug, upon which he slept the night it arrived. The next morning he was ready for work early and announced, “I've got to work harder and make more money." Once again, says his delighted mother, Dan grew when faced with a challenge. The nation’s changing demographics have added to the urgency of meeting the needs of the disabled. By 1990, there will be 6.2 million elderly Americans with one or more basic disabilities, up from almost 5 million in 1984, according to estimates by the Urban Institute, a research organization. And the explosive growth of the number of those with AIDS and HIV infection has already added hundreds of thousands more disabled to the population. That is why AIDS-policy advocates teamed up with disability groups to make sure civil-rights guarantees under the bill also applied to those with AIDS. People with AIDS had won federal court rulings protecting them under existing disability-rights laws, which apply only to federally funded programs. The new bill will expand that protection to the private sector, so that people with AIDS and HIV infection cannot be fired from jobs or denied service in restaurants. [Subheading] Galvanizing Issue. Along with being better educated and more independent, the new generation of disabled people has become more politically sophisticated. Some 200 independent-living centers, which have sprung up since the 1970s to provide a mix of counseling and support services to severely disabled people, became bases of advocacy. One galvanizing issue came in the early 19805, when a Reagan administration anti-regulation effort tried to eliminate key federal protections that prohibit discrimination by any program or contractor receiving federal funds. Negotiating sessions over the regulation first brought then Vice President Bush face-to-face with Evan Kemp, who headed Ralph Nader’s Disability Rights Center. The regulation was never changed, in part because of Kemp’s advocacy and growing friendship with Bush. Last week, the President named Kemp, a member of the Equal Employment Opportunity Commission since 1987, to chair the civil-rights agency, which will handle job-discrimination cases brought under the new law. The disability-rights movement is distinctive, too, because it has never had a Martin Luther King or a Betty Friedan to lead it. Part of the reason is that there are hundreds of different disabilities. Nonetheless, disabled people, such as student protesters who last year gave Gallaudet University its first deaf president, I. King Jordan, are now adopting on a small scale the protest tactics of the civil-rights movement. Thirty members of American Disabled for Accessible Public Transportation, which uses tactics of civil disobedience, on Labor Day backed their wheelchairs against buses at the Los Angeles Greyhound terminal and disrupted busy holiday traffic in a protest for wheelchair lifts on buses. As the historic legislation was being debated, there was a curious twist. Watching with interest was a paraplegic visitor from Moscow, Ilya Zaslavski. He made history earlier this year when he won election to the new Soviet national legislature, the first person anywhere in the world to run as a disability candidate. Zaslavski watched the work of Congress and announced plans to introduce SDA—-a Soviets with Disabilities Act. INSERTED TEXT BOX: THE COST FACTOR Businesses are concerned about the costs imposed by the civil-rights bill: BUILDINGS: The cost of making accessible new buildings and those existing structures that are undergoing major renovations runs between 0 and 1 percent of building costs. TRANSIT: Changes required of bus and transit systems to help the disabled over the next 20 years might cost several hundred million dollars. PHONES: It will cost $250 million to $300 million a year to hire operators to work relay systems so deaf people can communicate with those who can hear, according to federal and AT&T estimates. INSERT: PHOTO (Roberta Barnes -- San Antonio Light): A line of people in wheelchairs diagonally crosses the picture. In the front Lonnie Smith Archuleta with his buff physique, in a T-Shirt with a medal-like imprint on the front, wheels his sports chair. Behind him a slight woman (Diane Coleman) with very thin arms and leg braces on her extended legs, rolls her power chair with a flag attached. She wears a straw hat, red ADAPT no steps T-shirt and long red skirt, across which she wears a sign reading "Gentler -n- kinder nation??" Behind her another woman in a power wheelchair (Linda Johnstone) wears a different red ADAPT T-shirt and a sign across her knees reads "We Need a Ride To Work." Behind her is another large woman in a wheelchair (Mary Kay Sanders) in dark sunglasses and a white dress; she carries a white parasol and appears to be chanting. Over the top of the parasol another sign (held by someone walking but obscured from view) written in calligraphy can be seen: "Access is a Civil Right." The line bends back and around out of view. Caption reads: Countless Frustrations. Angry protesters in San Antonio wheel through the streets to protest the lack of accessible public transportation. - ADAPT (594)
El Paso Times 2-16-89 Editorials [Headline] Court decision right The 3rd U.S. Circuit Court of Appeals ruling requiring wheelchair lifts on all new public buses has long been needed. The tragedy is that it takes court rulings to force many public operations to provide for the disabled. For once, El Paso is ahead of the order. According to bus system officials, all buses on order will have the lifts, which add about $15,000 to a bus’ price. An average bus costs about $200,000. El Paso's attempts at meeting needs for the disabled — separate minivans and buses — have been far from adequate. Reservations had to be made at least a day in advance and buses often only could be used for the basic necessities, such as trips for food and to the doctor. For a long time, evening rides were not available. People in wheelchairs had to depend on friends to get to a movie, theater or any kind of recreation. And too often, that meant no pleasure trips at all. Credit tor this recent court win goes to the Americans Disabled For Accessible Public Transportation, who filed the class-action lawsuit. El Paso has an active chapter of ADAPT. Its members have not been shy in pointing out barriers. Monday's court victory is an important step in eliminating one of those barriers. - ADAPT (593)
2/89 New York Times [Headline] Court Orders Buses Fitted for Handicapped PHILADELPHIA, Feb. 14 (AP) - A Federal appeals court ordered the Department of Transportation on Monday to require transit authorities around the country to equip new buses with wheelchair lifts. In its ruling, the United States Court of Appeals for the Third Circuit, in Philadelphia, said another Transportation Department regulation allowing communities to offer the handicapped services like special vans hindered the spontaneous use of mass transit by the disabled. The court also upheld a decision requiring the Transportation Department to eliminate a 3 percent limit on the amount of money transit authorities must spend to make transportation accessible. The lawsuit, filed by Americans Disabled for Accessible Public Transportation, a coalition of disabled people, and 12 organizations, attacked a provision of the Federal regulations on public transportation that allows local authorities to offer people in wheelchairs transportation in buses, special vans or a combination of the two. Judge Carol Los Mansmann of the appeals court, writing the 2-to-1 decision, said, "Congress wanted to provide the disabled with the capability to utilize mass transit to the ‘maximum extent feasible.'" Timothy M. Cook, director of the Washington-based National Disability Action Center, who argued the case before the court, said the ruling was "a major, major victory" for the handicapped. But a spokesman for transit agencies said the ruling did not address vexing problems. Albert Engelken, deputy executive director of the American Public Transit Association, said wheelchair lifts receive limited use where they exist and are an added expense to transit agencies at a time when Federal subsidies have been dwindling. Many local transportation officials declined comment on the ruling because they had not seen it. But Peter Dimond a spokesman for Massachusetts Bay Transportation Authority in Boston, said, "we have made a pledge that all buses we purchase in the future will be lift-equipped." It costs $15,000 to equip a bus with a wheelchair lift and buses cost about $200,000, according to Joaquin Bowman, a spokesman for the Southeastern Pennsylvania Transportation Authority. - ADAPT (592)
[Headline] Wheelchair lifts required on all new transit buses Denver Post Staff and Wire Reports PHILADELPHIA -- Advocates for the disabled Tuesday hailed a federal court ruling requiring wheelchair lifts on new public buses, but a spokesman for transit agencies said the ruling doesn't address vexing problems. "We've been grappling with this for a long time" said Albert Engelken, deputy executive director of the Washington-based American Public Transit Association. He said wheelchair lifts receive limited use where they exist and are an added expense to transit agencies at a time when federal subsidies have been dwindling. On Monday, a 3rd U.S. Circuit Court of Appeals panel ruled 2-1 that Congress has made its wishes on accessibility clear, and that lift-equipped buses are part of that mandate. The court ordered the Transportation Department to rewrite a regulation allowing communities to offer alternative "paratransit” service, such as van rides, to the disabled. It said the 24-hour reservations that riders need to make for such services hinder spontaneous use of mass transit. The ruling apparently will have no impact on the Regional Transportation District in Denver, which already has a handicapped accessibility policy that mirrors requirements outlined by the appellate court, an RTD official said. RTD spokeswoman Diana Yee said 80 percent of the system’s 750-bus fleet is wheelchair lift-equipped. Additional service is supplied by a 16-vehicle paratransit program called Handi-Ride that uses vans and small buses to respond to individual transportation requests. RTD also is requiring private operators; soon to takeover 20 percent of the system’s routes, to use buses equipped with wheelchair lifts. James Fornari, a New York City attorney for a group of veterans with spinal-cord injuries, said the court ruling will force transit systems to look for the most efficient means of serving disabled people. “We are quite pleased with this decision, and I see it as a springboard for making other transit systems, which have buses accessible to the mobility impaired, so they can be mainstreamed into American life and society," Fornari said. Engelken said his association’s board, which comprises the heads of transit agencies. across the nation, believes agencies should be able to decide on a local basis how best to serve disabled people. - ADAPT (591)
The Boston Herald, Thursday March 23, 1989 [Headline] Transit offices targeted for disabled protests [Subheading] Activists to show support for access decision By TOM SQUITIERI WASHINGTON — Activists for the disabled will picket federal mass transit offices in Boston and at least nine other cities tomorrow in a national show of support for a court action that could mean greater transit system access for the handicapped. The planned protests follow a U.S. Court of Appeals decision striking down federal Department of Transportation regulations permitting local transit systems to provide services to disabled persons only if advance reservations are made. The court also ordered that new transit buses bought with federal money be accessible to the disabled, required some level of transportation be provided to those not able to use buses and struck down a cap that now places a state or transit system in compliance with the law after spending 3 percent of its operating budget on disability needs. "We are very hopeful the (Bush) administration will not appeal the ruling. This is the first decision this administration has to make on disability issues. and the national-disability community will be watching closely," said Timothy Cook. director of the National Disability Action Center, a Washington-based advocacy group. The Justice Department reportedly is reviewing a possible appeal. Throughout the 1988 campaign, Bush advocated bringing the disabled more fully into society, but the White House had no comment on a possible appeal. The court ruling only affects new buses purchased and does not require retrofitting of existing vehicles — although Cook said the "logic of the ruling" should extend to newly purchased commuter rail cars or renovated stations. Bush also is being pressured by congressmen —- including the Massachusetts delegation, which sent him a letter this week — not to appeal the decision. “If allowed to stand, this court ruling would help reduce many of the transportation barriers which face our disabled neighbors. It would accomplish this goal as intended by Congress and without undue expense to state and local governments," said Sen. John Kerry (D-Mass.).