- LanguageAfrikaans Argentina AzÉrbaycanca
á¥áá áá£áá Äesky Ãslenska
áá¶áá¶ááááá à¤à¥à¤à¤à¤£à¥ বাà¦à¦²à¦¾
தமிழ௠à²à²¨à³à²¨à²¡ ภาษาà¹à¸à¸¢
ä¸æ (ç¹é«) ä¸æ (é¦æ¸¯) Bahasa Indonesia
Brasil Brezhoneg CatalÃ
ç®ä½ä¸æ Dansk Deutsch
Dhivehi English English
English Español Esperanto
Estonian Finnish Français
Français Gaeilge Galego
Hrvatski Italiano Îλληνικά
íêµì´ LatvieÅ¡u Lëtzebuergesch
Lietuviu Magyar Malay
Nederlands Norwegian nynorsk Norwegian
Polski Português RomânÄ
Slovenšcina Slovensky Srpski
Svenska Türkçe Tiếng Viá»t
Ù¾Ø§Ø±Ø³Û æ¥æ¬èª ÐÑлгаÑÑки
ÐакедонÑки Ðонгол Ð ÑÑÑкий
СÑпÑки УкÑаÑнÑÑка ×¢×ר×ת
اÙعربÙØ© اÙعربÙØ©
Home / Albums 1903
- ADAPT (572)
WHEN IS TOO MUCH: "Helping" the Disabled by Mary McKnew Just as airplane pilots want assurance that a plane's steering wheel won‘t come off while flying over Europe, people utilizing a bus wheelchair lift deserve to expect that the lift will operate in a safe and predictable manner. However, I have to admit that too much focus on “safety” issues has me a little worried. To some transit officials, “safety” issues in providing transportation services for people with disabilities raise old stereotypes of helplessness and can quickly become a rationale for imposing paternalistic policies. For example, here in Olympia, the local Intercity Transit Authority and the state's Department of General Administration are co-sponsoring a shuttle service between the capitol and downtown Olympia with routes passing other major states offices. With the local parking problem, this system is extremely convenient. From the beginning, all vans used in the service have been equipped with wheelchair lifts. All this, of course, is very commendable. So, what's the problem? Unfortunately, the van's tie-down system, lack of grab-bars and driver policies reflect a paternalistic attitude towards disabled passengers by promoting dependence in the name of safety. The tie-down system is one of the most primitive I have ever encountered. It uses straps to bind each of a wheelchair's four wheels to the floor in a rather intricate system that takes the driver approximately five minutes to accomplish. To tie-down a wheelchair, the driver must get on his or her hands and knees. Thus, it is not possible for even very mobile wheelchair users to accomplish this independently. However, once the straps are in place, none of the wheels will move even a centimeter. During this five minute routine, other van passengers wait outside (some glancing at their watches) until the driver folds the lift back in place and allows them to board. After being strapped down, the driver then will place a seat-belt around the wheelchair user. Seat belts are not available for other passengers. If the wheelchair user decides to reject use of a seat belt, the driver will attempt (sometimes loud) persuasion, finally telephoning into the office to report that the passenger has refused use of the belt. I use a wheelchair for mobility due to a low and incomplete spinal cord injury. I object to many of the features in the Intercity Transit system that, to me, are designed on the premise that people with disabilities will always need a lot of assistance from the driver. Although the driver should be trained and willing to provide assistance if it is requested, the system should be designed to promote maximum independence. Most tie-down systems can be easily manipulated by most wheelchair uses with finger movement. Although some wheelchair users need a seat belt due to problems with balance, drivers should not assume they are needed by all such passengers. A policy that requires a driver to phone in to report a passenger's rejection of the seat belt is founded on the belief that people with disabilities are incapable of making sound decisions regarding their own safety. Additionally, although grab-bars are located along the ceiling walls of other seats, none are available near the tie-down area. Thus, if the bus lurches while enroute, a wheelchair passenger has nothing to hold onto. I suppose this makes it more likely a wheelchair passenger will comply with the seat belt policy, recognizing that a passive restraint is better than none at all. Intercity Transit has been providing paratranslt services to people with disabilities for a number of years. They have moved into the provision of mainline transportation services (i.e., access to the regular bus service) only recently. It appears that they have simply shifted their operating policies and procedures from one system to the other without considering if these are applicable to the new service. I have brought my objections to Intercity Transit’s attention. Although the staff disagree with most, they are reconsidering others. Safety is a concern to people who use wheelchair lifts. However, we cannot allow it to become a convenient rationale for either eliminating the service or instituting restrictive policies that treat people with disabilities in a disparate manner from other passengers. PHOTO (by Tom Olin): A large crowd marches downhill on a wide street. In the front row a little girl in a wheelchair (Jennifer Keelan) is pushed by her mother (Cindy). Beside them a woman in a motorized wheelchair (Diane Coleman) and a long skirt and white jacket has a sign behind her reading "we the people." Beside her a man in a manual wheelchair (Bob Kafka) with a big salt and pepper beard rolls along. In the row behind, between Bob and Diane, is a woman in a wheelchair (Mary McKnew) and a man who walks (Lannie Schuman) are visible and next to them another man marches behind Diane. Behind Jennifer and Cindy is Tari Susan Hartman. Rows of marchers go further and further back up the street to the top of the hill and presumably beyond. Caption reads: Just to the right at the placard Washington residents Lannie Schuman and Mary McKnew participate in a San Francisco demonstration for transportation rights. ABOUT THE AUTHOR... In 1987, Mary McKnew tried to get arrested for the first time. She sat in front of a San Francisco police van and refused to move. She sat in her wheelchair directly under the wheels of a bus and refused to move. "I did many illegal things." she says wryly. What she did, she did in the name of accessible public transportation for people with disabilities... a personal and political quest McKnew has been following for the past 12 years. Although McKnew wasn't arrested at that demonstration (in spite of her civil disobedience efforts), many others were. More than 500 people organized by the American Disabled tor Accessible Public Transportation (ADAPT) marched through the streets oi San Francisco to the city hall to protest the continuing discriminatory policies supported by the American Public Transit Association (APTA). ADAPT has been a persistent thorn in the side of APTA for many years. Fortunately, their persistence paid off. With the final signing of the Americans With Disabilities Act (ADA) expected any day, ADAPT—- and McKnew — will see many of their demands for fair, accessible transportation become reality. But McKnew says that just because you pass laws doesn't mean you quit being an activist. "The ADA will bring private transit companies under regulations just like public ones," she says, "but just passing a law doesn't mean we solve the problem. implementation is a whole other thing." In part, McKnew was referring to the possibility that some private companies may reduce the seating capacity in some of their smaller vehicles in order to side-step the accessibility requirements mandated by the ADA. "What the ADA will do is provide a clear avenue for lawsuits," she says. Is McKnew planning on handling some of those lawsuits herself? It may be too early to tell. Currently an executive policy assistant in the Office of the Governor, McKnew is also a second-year law student at the University of Puget Sound. (This story continues in the original format on 571 but is included here in its entirety for ease of reading.) - ADAPT (571)
This is the continuation of the story in 572, and its text is completely included there, for ease of reading. - ADAPT (570)
Rocky Mountain News - Fri., July 27, 1990 Mayor vows action on accessibility law Pena says city will help businesses comply By Ann Carnahan, Rocky Mountain News Staff Writer Denver Mayor Federico Pena promised yesterday to help business owners comply with new legislation requiring them to make offices and stores accessible to the disabled. Facing a roomful of people in wheelchairs, the mayor said he would review the city's permitting system to eliminate “unnecessary obstacles” that owners could face in making modifications. “We don't want to be a stumbling block,” Pena said. “We are evaluating the full range of options available . . . everything from making adjustments to fees to making adjustments to other criteria we have.” A recent University of West Virginia study showed that the average job accommodation cost is less than $500, officials said at the press conference. President Bush yesterday signed into law a measure barring discrimination against 43 million Americans who are disabled or have AIDS. Within two, years, businesses must be made accessible to disabled workers and customers. Public accommodations must comply within 18 months. “There are going to be some in the private sector who will argue that this costs too much, that this is an unfair burden," Pena said. “I say we are losing money because we have . . . Americans who cannot participate fully in the economic life-stream of this country because our buildings are not accessible." Denver has a reputation among the handicapped of being one of the most accessible cities in the country, said Laura Hershey, director of the Denver Commission for People with Disabilities. Prior to yesterday, modification requirements applied only to federal programs, Hershey said. But in Denver, all public buildings constructed since 1983 must be accessible to the handicapped. High spirits marked the press conference yesterday in Pena’s office as the mayor congratulated the disabled who have lobbied many years for this legislation. “This is freedom. It's acceptibility,” said Sueann Hughes, who has multiple sclerosis. “For the first time in a long time, we don't have to worry about being discriminated against." Pena also outlined several other steps the city is taking to help the disabled: * Co-sponsoring - a conference on April 30, 1991, that will address the new law's impact on Colorado. * Examining the city's employment system to determine whether there are ways to recruit and hire more people with disabilities. * Stepping up the city's curb ramp construction program with increased funds under the bond issue projects. - ADAPT (569)
Disabled occupy House offices; 59 are arrested By Frank Wolfe and Sonsyrea Tate The Washington Times 3/15/90 About 300 disabled demonstrators from 40 states occupied two congressional offices and the House Judiciary Committee room in the Rayburn House Office Building for about five hours yesterday before Capitol Police began making arrests. The participants at times discarded wheelchairs and dropped to the floor in one representative's office as part of their demonstration for passage — without weakening amendments — of the Americans with Disabilities Act. Last night, 59 persons were arrested for unlawful entry when they refused to leave the building after the House ended its session about 8 p.m., Capitol Police said. The rest of the demonstrators left peacefully. Police, some wearing optional rubber gloves, carried the demonstrators out. The protest began about 3:15 p.m. when the activists, including 101 arrested Monday in the Capitol Rotunda, occupied the offices of Reps. Hamilton Fish Jr., New York Republican, and Bud Shuster, Pennsylvania Republican. Members of the group also occupied the meeting room of the Judiciary Committee, which is slated to consider the bill. It has passed the Energy and Commerce Committee by a 40-3 vote. But one of the amendments would make flexible the requirement that mass-transit authorities provide lift-equipped transportation for disabled people. Authorities could choose instead to provide “paratransit" services such as minivans. Protest leaders are concerned that such flexibility would lead to “segregated busing" in many states, said Mike Auberger, co-founder of American Disabled for Accessible Public Transportation and one of the protest organizers. Mr. Shuster was in a meeting of the House Select Committee on Intelligence yesterday afternoon and belatedly learned of the protest. Mr. Fish, ranking minority member of the House Committee on the Judiciary, offered his support for the bill with no weakening amendments and said he would use all measures available to him to defeat any such amendments, according to Ed Tessier, a quadriplegic who helped to organize the protest. Those assembled in Mr. Fish’s office then left. Later in the afternoon, demonstrators occupied Mr. Shuster‘s office, demanding to see the congressman and hoping to make it difficult for staff employees to leave. Mr. Shuster, a member of the House Public Works and Transportation Committee, acknowledged the demonstrators’ grievances and said the proposed transportation budget is severely lacking in money allotted for mass transit. “My heart goes out to them," the congressman told The Washington Times in a telephone interview. “I'm in a unique position. My mother was a double amputee in a wheelchair. I have more intimate experiences with the plight and problems of the disabled than perhaps any other member of Congress." The bill is slated for two other House committees, the House Committee on the Judiciary and the House Committee on Public Works and Transportation — committees the two congressmen sit on - before reaching the floor of the House. Mr. Shuster said that 100 percent federal mandate" wheelchairs would add 10 percent to the cost of buses and would provide “zero accessibility" for the thousands of disabled who need more comprehensive para-transit services, such as the minivan to transport them to bus stops. "This is a feel-good bill," he said. “There is no money accompanying the bill to pay for the costs it is proposing." He cited New York City, where he said there is, on average, one wheelchair rider per 19 buses, as an example of the need for a mix of lift—equipped buses and paratransit services. If there is a federal mandate on lift-equipped buses, he said, there would be a reduction in services for handicapped riders and for the general public. - ADAPT (568)
METRO Magazine March/April 1991 This article is on 568, 555,551 and 547 and is included here in its entirety for ease of reading. Disabilities Act Forces Sweeping Transit Changes Public, private operators must comply with new ADA law. Uncle Sam hustles to fine tune countless provisions. By Lenny Levine The Americans with Disabilities Act (ADA) will force sweeping changes on the transit industry, both public and private, and the battle to implement it is just being joined. When President Bush signed ADA into law last July shortly after overwhelming approval by Congress, it was the culmination of a decade-long struggle by advocates for the 43 million handicapped Americans and others to provide equal access for the disabled. The law affects transit buses, passenger trains, motorcoaches, stations and how the people who run them do business. Much is known about the law. Indeed, many in transit have long anticipated its provisions and made pieces of their operations “accessible,” the operative word. More, however, is not known. A slew of federal agencies is tuning the law. The name of the tune will unfold with time. What is known is this: Public agencies must make accessible all new vehicles purchased after last Aug. 25. Transit systems buying used vehicles must demonstrate “a good faith effort" to get accessible vehicles. Agencies that remanufacture vehicles to extend their life at least five years must make them accessible. All criteria, much of which has yet to be spelled out, must be implemented regardless of cost. All that also applies to private operators contracting with public agencies. There is some wiggle room, however. Waivers may be obtained in certain cases. That, too, will be spelled out as ADA is further refined. Motorcoach operators have more wiggle room, years of it. ADA says small private operators have six years after enactment of the law to become accessible, large operators, seven. But there begins the bureaucratic snafu. “What ‘small’ and ‘large’ mean haven't even been defined for us yet," said Steve Sprague, vice president for governmental affairs of the United Bus Owners of America (UBOA). He said “large” will probably be defined as Interstate Commerce Commission Class I operators. But the definition is a long way off. That definition — and countless other details that will govern the motorcoach industry —— will come from an old friend of bus folk. It is, ta da: THE STUDY. ”The study was mandated by ADA to govern the motorcoach industry. It is to be conducted by a broad-based committee of government, industry and technical people and advocates for the disabled over three years. Then the secretary of transportation reviews it for a year, and public comment is collected after that. Problem is, the study’s birth is overdue, wrapped up in Washington's womb of bureaucracy. Sprague, a member of the study’s committee, explained the delay like this: The committee is to be set up by the Office of Technology Assessment (OTA), an arm of Congress. OTA has never conducted such a study. And Congress has not yet given OTA money to do the study, although “the powers that be at OTA are trying to get the money." Sprague predicted the end result of the study will be that “overall, access must be provided for the disabled" by private operators. That could take many forms, Sprague said: There could be a subsidized pool of over-the-road vehicles regionally; the public fleet could be subcontracted to private operators; and, of course, private operators could make their vehicles accessible, one way or another. QUOTE highlighted from text: "It's a good thing we were given time to get things done" —Steve Sprague Charter law prevents public agencies from doing charter business if private charter buses are available, Sprague said, and it will remain so, for now. And there’s still the definition of what “access” means. UMTA is drafting rules and regulations. And the federal Architectural and Transportation Barriers Compliance Board has been holding hearings around the nation and must publish a final rule by April 26 on access to buildings and terminals, but not buses. In the meantime, while waiting for the federal government to define "access," Sprague said the secretary of transportation cannot demand wheelchair lifts on motorcoaches, but can only say buses must be accessible; that could be lifts, ramps or free assistance in boarding. “So it doesn’t necessarily mean there will be a bunch of new lifts," Sprague said, “because the secretary could not demand physical changes in equipment while the studies are under way. He can just say, ‘Don't discriminate.”’ With all the expected changes due, Sprague said, “It’s a good thing that we were given time to get things together.” If private operators have a few years to get things together, public transit agencies face Armageddon July 26. That’s when UMTA publishes a final rule on access. The notice on the rule will be published in March, said Richard Centner, UMTA director of public affairs, and there will be 60 days for public comment. Included in this complicated rulemaking process is input from federal agencies previously mentioned, plus the Federal Railroad Administration, Justice Department and other agencies within the Department of Transportation. An interagency task force has been formed, Centner said, to make sure all segments of the bureaucracy are on the same track. APTA recently was cosponsor of a seminar on accessibility, and is collecting data. For more information, phone Deborah Dubin at 202/ 898-4098. Transit agencies around the nation have long been providing service to the disabled, be it with paratransit, demand-responsive service or accessible buses. Some were doing it before ADA became a buzzword, others in anticipation of it. The Rapid Transit District in Los Angeles, for example, recently celebrated a decade of accessible service to the disabled. In 1974 the RTD became the first transit agency in the nation to begin buying all new buses with wheelchair lifts. “Today, 97 percent of RTD’s bus fleet of more than 2,600 buses are equipped with a wheelchair lift, and in the next couple of years the entire fleet will be lift equipped," said RTD General Manager Alan F. Pegg. Three percent, or 40,000, of RT D’s 1.3 million daily riders are disabled. Wheelchair boardings average 400 a day. In 1986 half the proceeds from a San Francisco Muni senior citizen fare increase were earmarked for paratransit. In 1989 San Francisco voters followed the lead of other voters in the area and approved a local sales tax increase for transportation, with eight percent of it set aside for paratransit. The Toledo Area Regional Transit Authority in Ohio recently began a program to help visually-impaired bus passengers. Cards are provided displaying the passenger’s bus route in a number large enough for a driver to see. The Central Ohio Transit Authority and a local group will share a $42,000 grant from Project ACTION to create and demonstrate cooperative methods for improving accessible public transportation. A local steering committee has proposed: mobility fairs where passengers can get training in using lifts; training for drivers; tapes to train passengers to become independent when using the transit system; and hosts and hostesses on the agency’s 41 new lift-equipped buses to help new riders. In addition to changing the face of transportation, ADA is also spawning a host of products. New wheelchair lifts and securement devices are only the beginning. One new product, Luminator’s large-format GTI Matrix Sign, is nearly double the size of the company’s MAX sign system. The new system has 16 rows by 112 columns and can display characters 9.5 inches high on a single-line message or two lines of characters 4.1 inches high. Luminator, of Plano, Texas, promotes the system as beneficial to riders who have limited vision. Remember ADAPT? “We've gotten everything we wanted in public transit,” said Wade Blank, founder of a group called ADAPT. Blank’s group was a driving force behind ADA and he and his colleagues have been a fixture for years demonstrating at APTA conventions. “I missed the intrigue of this year's convention," Blank admitted. ADAPT is still active in the rulemaking process for buses and trains, working with UMTA on an advisory task force.... Blank said, though, there is still some work to be done in the private sector. He said he is negotiating with Greyhound to allow a wheelchair on its buses instead of stowing the wheelchair and having an attendant put the wheelchair passenger in a regular bus seat. Blank also noted that it might not cost much more to build all buses from scratch with wheelchair lifts. He said, “We have agreed to accept the regulatory process and accept the five or six years" it will take to implement ADA for private operators, but “we really don't need five or six years. "The writing is on the wall." Although Blank may miss the intrigue of bus conventions, his group is taking on a new public giant. The group has changed its name from Americans Disabled for Accessible Public Transit to Americans Disabled for Attendant Programs Today. ADAPT is tackling the nursing home industry, which Blank said gets $19 billion yearly from Medicaid. Blank would take S5 billion of that and put attendants in homes of the elderly to care for them, thus keeping them out of nursing homes. Many questions remain on implementing ADA They involve more than just making buses and trains accessible to wheelchairs. Are elderly people, for example, considered “disabled?” There will be detailed regulations devised to accommodate the blind and the deaf. That could include special markings on vehicles and terminals. Route signs, handrails and fare boxes must be “accessible.” What about securement devices? And ADA specifies new employment provisions. Beginning July 26, 1992, employers with 25 or more employees cannot discriminate against qualified people with disabilities in job application procedures, hiring, promotion, firing, pay and job training. The employer must also make “reasonable accommodation" to disabled workers such as making existing facilities accessible, job restucturing, part-time or modified work hours and the provision of qualified readers or interpreters. On July 26, 1994, the provisions extend to employers with 15 or more workers. Transit people “are concerned about implementing ADA without cutting service," said an industry insider. “People candidly ask what will happen it they don’t (implement ADA)? lt will be a given there will he a lot of lawsuits if they don't, but we're all working together on this." "... in the next couple of years the entire fleet will be llft equlpped." -- Alan F. Pegg PHOTO: Close up of Wade Blank. He is wearing tinted, wire-rimmed, round glasses and his long hair falls from the part in the middle of his head. Caption reads: Blank. PHOTO: Close up on sign on the front of a bus reads "FLXIBLE" and an access symbol on one side. Caption reads: Luminaior's new matrix sign with letters 9.5 inches high is easier to read for passengers with vision problems. - ADAPT (567)
Rocky Mountain News Weds., May 23. 1990 (There are 2 articles here. The first article starts here on 567 and continues on 565, the whole story is included here for ease of reading. The second article comes after the first one.) WORLD & NATION News Editor 892-2634, John Davidson, National Editor 892-2731 Clifford D. May, International Editor 892-2739 House OKs rights bill for disabled Measure would ban discrimination Scripps Howard News Service WASHINGTON — The House yesterday passed legislation to outlaw discrimination against 43 million disabled Americans. The 403-20 vote in favor of the bill, regarded as the most sweeping civil rights legislation in a quarter-century, sends it to conference with the Senate, which passed its version 76-8 last fall. The measure is backed by President Bush, who campaigned on the Americans with Disabilities Act in the 1988 presidential race, when few voters had heard of the bill. Rep. Steny Hoyer, D-Md., who shepherded the legislation through the House, hailed it as “the most significant civil rights legislation since the Civil Rights Act of 1964.” The 1964 law barred discrimination based on race, sex, religion, color or national origin in private employment, public accommodations and government service. The Americans with Disabilities Act would extend civil rights protections to the disabled as well. Passage came despite opposition from business groups, which have complained about the potential for lawsuits along with the cost of adapting offices, plants and stores for disabled workers and customers. Sponsors counter that keeping the disabled out of the economic mainstream costs $170 billion a year in government benefits; they say this bill has been changed to take account of business concerns: Companies with 25 or more workers would have two years to comply with the employment provisions, with four years allotted firms with as few as 15 workers. To ease the expense of making smaller stores, restaurants and other public accommodations accessible to the disabled, the House voted to give small businesses at least two years to conform and exempted firms with fewer than 10 workers for 30 months. In Colorado According to Randy Chapman, director of Legal Services for The Legal Center Serving People with Disabilities. the expected passage or the American Disabilities Act will affect the state in three key ways: protect people with mental disabilities, allow disabled people to collect attorneys fees when challenging discrimination and require private businesses to provide reasonable accommodations for people with disabilities. A state law protecting people with mental disabilities is expected to take effect in about a year, but a federal law would take effect immediately, he said. Chapman said businessmen's fears that the law will cost them in litigation and renovations are somewhat unfounded. "Most (businesses) need little or no accommodations . . . and there was substantial litigation when a similar law (for employers receiving federal funds) was passed." Michael Auberger, co-director of the Colorado-based Atlantis Community for disabled citizens, said, "The law will open up the job market, the retail market . . . it will make us a legitimate class that has protection under the law that we never had before." —- Diane Goldie - ADAPT (566)
- ADAPT (565)
this story is continued from 567. Entire article appears there. - ADAPT (564)
PHOTO: The West steps of the Capitol and on them in the foreground a man in a suit coat and dark pants, with obvious effort, pulls himself up the steps. In his left hand is a pair of crutches. His head is bowed down below his shoulders. In the middle of the steps another person is crawling up the steps on hands and knees. In front of this person is another crawling. Several camera people are standing on the steps filming people crawling up. In the middle an man in a suit with a box-like brief case walks up the steps. The crawlers appear to be fairly dispersed on the stairs. At the top of the picture you can see the Capitol building and the start of the dome. Caption reads: Over 75 ADAPT members crawl up the Capitol steps that symbolize Congressional obstacles to passing ADA; March, 1990. - ADAPT (563)
A TICKET White with red borders on left and right sides. On each border in white print it says Admit One. In the center top is a logo with a circle of 50 stars on the outside. Inside is a shield which is vertlcally striped on the bottom three quarters and horizontally on the top quarter. The shield is in front of an Eagle. The eagle's wings are spread wide and his feet are also spread wide and he is clutching one kind of plant in his left talons, and another in his right. His tail appears below the shield. In his beak he holds a banner which spreads over his head and reads I PLURIBUS UNUM. A fan-like shape behind the eagle is topped with circles and on the fan are 13 more stars Below the logo, the ticket reads: The White House Americans With Disabilities Act Signing Ceremony July 26, 1990 ~ 10:00 AM South Lawn Please Arrive Southeast Gate at 9:00 AM / Rain or Shine - ADAPT (562)
USA Today, Wednesday, March 14, 1990 * 3A CLOSE-UP: RIGHTS OF DISABLED House panel passes landmark bill. As wheelchair-bound activists demonstrated at the Capitol, a sweeping civil rights bill for the disabled survived a key House vote. The Energy and Commerce Committee, successfully fending off an attempt to exclude people with AIDS or the HIV virus from the bill's protection, recommended the measure 40-3. Passed by the Senate last year, the bill gives the disabled the same civil rights and job protections that minorities won two decades ago. It also calls for public places and public transportation to be made accessible to people in wheelchairs and requires telecommunications systems to accommodate the deaf. "Ensuring equal rights for the disabled will result in greater productivity and responsibility for a significant portion of our population,” said Rep. Thomas Luken, D-Ohio. An estimated 43 million disabled could be affected. Meanwhile, police arrested 104 disabled demonstrators who confronted House Speaker Thomas Foley, D-Wash., in the Capitol Rotunda on the second day of intense lobbying by disabled people seeking quick passage of the bill. Foley reassured the demonstrators he is “absolutely satisfied” the measure “will become law.” Earlier, Rep. William Dannemeyer, R-Calif., was rebuffed in attempts to exclude people with contagious diseases or behavioral disorders from coverage. “When the people of this country realize just how far-reaching (the bill) is, they will rise up in opposition,” he predicted. But Rep. Henry Waxman, D-Calif., said the bill does not protect people with diseases that can be transmitted through the air: “If someone poses a threat, they can be discriminated against." (Help sought for AIDS victims, 2D) PHOTO (AP): Close-up of a man's face with large glasses, large ears and dark hair. He has a look of urgency on his face. Caption reads: Luken: Cites 'productivity' - ADAPT (561)
Thur., March 15, 1990 Rocky Mountain News GREATER DENVER & THE WEST * 19 Denver disabled keep pressure on at U.S. Capitol By John Brinkley News Washington Bureau WASHINGTON — A Denver-based group of disabled people continued its pressure on the U.S. Capitol yesterday, converging on the office of a congressman whom the demonstrators said was opposed to their agenda. The congressman, Rep. Bud Shuster, R-Pa., was not in. An aide refused to tell them where he was and said he would not be back in his office yesterday or today. Some of the disabled people vowed to camp out there until he returned. Michael Auberger, a 35-year-old quadriplegic from Denver, who co-founded American Disabled for Accessible Transportation, said Shuster had introduced legislation to exempt cities with fewer than 200,000 residents from having to equip mass transit buses with wheelchair lifts. If the exemption were enacted, “you're really screwed if you live in a city of 199,999,” Auberger said. Shuster also sponsored legislation to exempt cities that have “inclement weather," such as Denver, he said. “The transportation system in Denver could say, ‘we're not going to provide any m'ore lift-equipped transportation. We don't have to,’ ” Auberger said. “That's a major issue, because not everybody lives in the Sun Belt." Shuster’s administrative assistant, Ann Eppard, said she could neither confirm nor deny that Shuster had sponsored such legislation, and said the aide who would know was not in, either. The “visit” to Shuster’s office continued a week of often-militant protest by hundreds of ADAPT members, most of them in wheelchairs, from across the country. Their main purpose has been to push for quick passage of the Americans with Disabilities Act, which would extend a broad range of civil rights protections to disabled people. The House Energy and Commerce Committee passed the bill, 40-3, on Tuesday as 104 of the disabled people were being arrested and jailed for unlawful entry and demonstrating in the capitol. The Senate passed its version of the bill last year. The arrestees, including Auberger, were released later with orders to appear in Court today. Auberger said his group was also concerned about the Bush administration's position that disabled people should not be entitled to punitive damages when filing discrimination suits against businesses that fail to accommodate them. Legislation is pending that would afford them that right, and Attorney General Dick Thornburgh has told Congress that the administration opposes it. “I think it's unfortunate that this administration doesn't want to see disabled rights equal with other minority rights,” Auberger said. Without the threat of punitive damages, “there's no incentive for a business to end discrimination.” - ADAPT (560)
U.S. to mandate bus service for disabled By The Associated Press WASHINGTON — The government announced plans yesterday to require that all federally aided bus systems buy only vehicles that are accessible to the disabled and provide special door-to-door transit for those who can’t make it to bus stops. Requiring both access and special services for all systems is expected to “increase significantly the amount and quality of service available to persons with disabilities,” said a Transportation Department announcement. In Denver, all buses owned by the Regional Transportation District are equipped with wheelchair lifts, and the district also provides a door-to-door service for handicapped riders. Groups representing the handicapped praised the Washington announcement and a transit industry spokesman said bus companies are prepared for it. The proposed rule, expected to become final in September after a period for public comment, would match some of the requirements of legislation pending in Congress and meet the key transportation demands of disabled-rights activists. More than 150 people were arrested in two incidents last week during demonstrations in Washington for the Americans With Disabilities Act. “The Bush administration is committed to policies that will ensure that people with disabilities have the opportunities available to other persons to use our mass transit system,” said Transportation Secretary Samuel Skinner. Announcement of the proposed rule met the requirements of a Philadelphia federal court order that required the department to examine and change existing regulations but did not mandate what the changes should be. The order came in a suit by more than a dozen groups representing the handicapped. - ADAPT (559)
Rocky Mtn. News Local Briefs [Headline] Wheelchair-lift issue in court’s lap, lawyer says U.S. Attorney Michael Norton yesterday told a group of disabled activists that the federal government’s appeal of a court ruling on bus wheelchair lifts was out of his hands. Norton appeared before 40 wheelchair-bound members of ADAPT, American Disabled for Access to Public Transit, who had camped several hours outside his 12th floor offices in Denver’s federal building. ADAPT members are angry about an appeal by the U.S. Justice Department on behalf of the Department of Transportation. The appeal seeks to overturn a federal court ruling requiring all local transit buses to be equipped with wheelchair lifts. Thirty protesters were arrested Monday for blocking the doors of the Radisson Hotel, where their target, the Urban Mass Transportation Administration, was holding a conference. - ADAPT (558)
Grapevine (the title is surrounded by grape leaves and clusters of grapes) Weekly Happy birthday, TJ, see Editorial, p. 2. New Thomas Pynchon novel reviewed, see p. 5. FREE! In This Issue: Editorial . . . . ............ . . . 2 Letters to the Editor ..... 2 City Board Agenda.........2 Lithuanian Story to Tell..3 Grapevine Digest............3 Sheffield Nelson's Vi......4 The Way Were.................5 Grapevine Comics...........6 KUAF Radio Guide.........6 Classifieds.........................7 Community Sportsline.....7 Dictionary of Democracy..7 Watching the Environment 8 The Movies . . . . . . ..............8 Local Live Music . . . ..........8 Volume XXI, Number 32 A Free Weekly Newspaper Fayetteville, Arkansas Friday, April 13, 1990 PHOTO (by Tom Olin): The front line of a big march, headed by an African American man (George Roberts) in a motorized wheelchair with dark glasses and a sign reading "We Shall Overcome", a woman (Stephanie Thomas) with frizzy hair and mirror sunglasses in a manual wheelchair, a sign across her legs reads "Access is A Civil Right", a Latino blind man (Frank Lozano) standing tall with his back back, bandanna-headband, and dog-guide Frazier on his left all with stern expressions on their faces. To Frank's left a young girl (Jennifer Keelan) almost stands in her wheelchair yelling a chant as her grandmother and sister Kailee push her along. Behind them a man in a white button down shirt (Evan Kemp) smiles, Justin Dart's hat is visible over Stephanie's hair and he is being pushed by a tall man (Jay Rochlin) in a suit with a button on his lapel. Between Frank and Jennifer, a short man (Michael Winter) in a wheelchair is visible. Behind them, row upon row of marchers heads, several with mouths open chanting. Breaking Down the Barriers Civil Rights for People with Disabilities by Yaél Hana Bethiem In 1983 I considered killing myself. l considered this out of a deep despair, an agony over my life. In 1983 I had been diagnosed with a progressive disease. I could no longer work, could no longer sit in chairs and could stand for shorter and shorter periods of time. In other words, I was becoming disabled. I was panicked. How could I live without my physical life, my strength, my independence? What I didn't see at the time was that I was buying into our culture's attitudes about disability. I could not value myself or value my life because the system I had to fight to get my basic needs met, did not value me; l live in a culture that believes that "out of sight, out of mind" is acceptable policy for dealing with people with disabilities. In a culture that values productivity above all else, those who cannot produce, or who need assistance to be able to produce, are considered a burden. Our culture also has a myth called the “American way," which says that if anyone "tries hard enough" he or she can “make it." When applied to people with disabilities this means that if only we “try harder" we can "overcome." We can rise above the barriers, showing superhuman strength, and then we will be more acceptable. This attitude makes people believe the barriers do not need tn be removed. Instead, they think we, the disabled, need to overcome them. In other words, the closer we cart be to “normal," the more we are accepted. Those who cannot become more normal are locked away, out of sight, out of mind. Those of us living within this oppression, for it is oppression, often internalize the culture's attitudes. We believe there is something wrong with us. Millions of people share this fate with me; we are locked away by a society that would prefer to pretend we do not exist. We are imprisoned by attitudes that do not see people with disabilities as fully human; attitudes that expect us to "overcome" (or heal ourselves); attitudes that create barriers, or do not see the barriers that do exist. There are 43 million people with disabilities in the United States. We are one of the most repressed minorities in this country. We are denied access to basic rights, transportation, jobs, and respect. For people with disabilities there are thousands of ways the oppression affects us, thousands of forms of prejudice and visible and invisible barriers. An example of the effects of this oppression is the story of David Rivlin. David was a quadriplegic who, last summer, chose to have his respirator turned off. He went to court to ask for the right to die. His story was aired on TV. I heard people around me say, “l would do that too. I wouldn't want to live like that." David lived in a nursing home. He lay in bed twenty-four hours a day tied to a stable respirator. David didn't have to live this way. He could have had a portable respirator and thus been able to use a wheelchair. He didn't know about a portable respirator and no one ever told him. The government was paying $2300 day to keep David in a nursing home, but would pay only $207 a month for an attendant so David could live independently. The day before David died, a reporter covering David's story discovered that money could have been gotten for David to live independently if someone had known how lo “work the system." David's struggle reflects the struggle of people with disabilities in this country. If David, and other people with disabilities were given their right to make choices in their lives all along, there would be no necessity of fighting for the right to die. The Americans With Disabilities Act There is a growing awareness of the need for change in policy and attitude toward people with disabilities. Last year a bill was introduced in Congress called the Americans With Disabilities Act (ADA). The ADA would begin to guarantee civil rights for people with disabilities. Although it has already been modified since its inception, the ADA, as it now stands, would be a beginning to removing barriers that prevent people with disabilities from participating in society. Unfortunately, the ADA is facing serious compromise due to powerful lobbies against it. It is also facing changes that would remove its power as a civil rights act. Last summer, the ADA was passed almost unanimously by the Senate. It was endorsed by President Bush. It then moved into the House of Representatives, where it is now stalled. The most powerful lobbies against the bill are Greyhound and the National Federation of Independent Businesses along with the Chambers of Commerce. Greyhound is against the ADA because they will have to equip new buses with wheelchair lifts. They claim it will cost them millions of dollars, yet they are adding in costs that have nothing to do with the Americans With Disabilities Act. While using erroneous concepts for the cost figures, Greyhound is pouring money into Washington to fight the bill. The National Federation of Independent Businesses also base their antagonism to the ADA on erroneous concepts. The NFIB is saying the ADA will cause hardship for businesses. The ADA requires that public facilities constructed after the ADA becomes law be accessible. Existing facilities have to be accessible within two years of enactment if the access is "readily achievable without much difficulty or expense." In other words. businesses can decide for themselves whether they can afford to provide access. On March 10, American Disabled for Accessible Public Transportation (ADAPT) held a march on Washington to promote awareness of the Americans With Disabilities Act. Over 1,000 people with disabilities came from all over the country. They marched from the White House to the steps of the Capitol. The rest of the week was filled with talks with key figures and demonstrations. Many people participated in planned civil disobedience aimed at calling attention to the current injustice. Because the ADA is civil rights legislation, it ties in with the Civil Rights Act of 1964. New legislation has just been introduced that would create real remedies for violations of the Civil Rights Act. Because the ADA is tied to the Civil Rights Act these remedies would also apply to violations of the ADA. Opponents of ADA want to separate the ADA from the Civil Rights Act. For people with disabilities this would be a compromise that essentially negates the purpose of the ADA. People with disabilities deserve to be treated fairly and humanely, which at this point we are not. It is time to remove the barriers, especially the barriers of mind. It is time to break down the walls that have kept people with disabilities imprisoned. The Americans With Disabilities Act is a very important step. Please write to Hon. John Paul Hammerschmidt at U.S. House of Representatives, Washington, D.C. 20515 or 35 E. Mountain, Fayetteville, AR 72701 . Let him know you are aware of the ADA. Ask him to support it as it now stands. Only unity can save our threatened planet.On every level we have to move out of the mindset of differences and into the awareness of our shared humaneness. Now it is time also to move out of separation based on physical ability. Only then can we really share our resources. Only awareness of barriers can bring the possibility of their removal. Yael Hana Bethiemn is a free lance writer from Eureka Springs.