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Dato de aldonado / 2015 / Oktobro
- ADAPT (462)
The Voice OF THE PHYSICALLY CHALLENGED WELLESLEY, MASSACHUSETTS 02181 JUNE 1989 - VOL. 2, NO. 9 [Headline] TRANSIT ACCESS FIGHT COMBINES COURT ACTIONS, STREET PROTESTS Photo: Dressed in revolutionary war costumes, three cornered hats,and colonial wigs, five ADAPT members (a man standing playing a flute, Joe Carle, Diane Coleman, Bob Kafka and Mark Johnson) lead a long line of marchers in wheelchairs and standing. They are gathered on a sidewalk under some trees and with Independence Hall and other historic buildings behind them. Caption reads: COLONIAL GARB drew attention to ADAPT and CORD members circling around Independence Park in Philadelphia on May 14. Photo: A row of about a dozen people in wheelchairs holding signs blocks a street with 3 buses on it. Two are further back and have more protesters with signs blocking them. Signs read We Will Ride, Access Now, Disabled in Action, Access Not Excuses and similar messages. Caption reads: MASSACHUSETTS representatives of ADAPT and CORD during the "crawl on" in Philadelphia on May 13. By BILL HENNING The battle to secure full access to public transportation for people with disabilities has been fought during this first half of 1989 in two arenas--in the courts and in the streets. On February 13, the U.S. Court of Appeals in Philadelphia ruled that all transit systems receiving federal financial assistance can only purchase accessible buses. And they said that paratransit service must be maintained as needed. "This landmark decision, the product of a lawsuit led by American Disabled for Accessible Public Transportation (ADAPT) and the Eastern Paralyzed Veterans of America (PVA), struck down fabricated transit regulations implemented by the Department of Transportation in 1986," said Mike Early, an organizer with the Cape Organization tor Rights of the Disabled (CORD). "Gone were the ‘local option‘ and '3% cost cap' rules, which allowed transit systems to severely limit the amount of accessible services they provide." "Unfortunately, the Bush administration successfully asked for the case to be reheard, wiping out the original ruling." Wide support for the February court decision surfaced on Good Friday, March 24, when activists in 13 cities demonstrated for equal transportation access. CORD and the Massachusetts Office of Handicapped Affairs (OHA) organized a rally in Cambridge that attracted over 100 people, the largest of the nationwide events. "The concept of equality for disabled people must scare the government," said CORD advocate Kent Killam. "President Bush has spoken in favor of disability rights since he took office, saying all the right things, but his administration's actions speak otherwise." “They are arguing against equal access to transit in asking for a rehearing of the Philly case -- they even say that Section 504 of the 1973 Rehabilitation Act does not guarantee equal rights. They are trying to move us backwards!" Many advocates also hailed the initial ruling in the ADAPT and PVA lawsuit because it advanced the concept that "separate is not equal“ for disabled people, much as had been stated in the historical Brown vs. Topeka civil rights case in 1954. "The way was paved for all practices and policies that isolate and segregate 'disabled' people to be struck down," Jim Glelch, director of OHA, commented. In a recent series of protests, members of ADAPT, as has been their history, dramatized their demands for equal transportation access. In April, they disrupted meetings oi the American Public Transit Association (APTA) in Reno; 49 ADAPT members were arrested-with a number staging a five-day hunger strike in jail. APTA is a regular ADAPT target because their lawsuit in 1979 stopped implementation of regulations for 100% accessible transit systems proposed by the Carter administration. Two weeks later on April 24, similar numbers of ADAPT members were arrested after breaking up a meeting of the federal Urban Mass Transit Authority (UMTA) in Denver. And the next day over 40 people were carried out oi the offices of the U.S. Attorney's office after he refused to call U.S. Attorney General Thornburgh to register the group's demand for accessible buses. Finally, from May 12 to May 15, ADAPT members, with an assist from nine persona from Massachusetts, including members of CORD, Cape United Elderly, and the Disabled Peoples Liberation Front staged four events to illustrate the need for access. Actions began with a meeting with the U.S. Attorney for Philadelphia, who called Attorney General Thornburgh and expressed the group's demand tor equal access to public transportation. The following day, May 13, a “crawl on" was held in front of the federal building where the ADAPT lawsuit was to be reheard. People left their wheelchairs and attempted to get on buses without lifts. The consequence: three buses were stopped, a major downtown traffic jam developed, and important media coverage showing how buses without lifts do not serve many disabled people was obtained. On Sunday, 50 people, many attired in Revolutionary War costumes, marched around Independence Park to dramatize the quest for the freedom that can stem from accessible transit systems. Participants included Justin Dart, former Rehabilitation Services Administration director. An hour-long takeover of the Liberty Bell pavilion highlighted the day. In the evening, 29 people camped all night in front of the court building in a vigil for access. In the morning, the group attended the opening arguments of the rehearing of ADAPT vs. the Department of Transportation. "I felt like a true patriot the whole weekend in Philadelphia," commented CORD member Leo Lucas. "The chant, ‘What do we want? Access! When do we want it? NOW!' is stuck in my mind." "The series of events was fantastic," said Mike Newhall of CORD. "Fighting for our rights is moving, spiritual, a true group effort that touched a lot of people." "We will ride!", exclaimed Mike Early. According to John Chappell of the Massachusetts Rehabilitation Commission. more protest occurred in Washington on May 15. Over 300 people who attended the annual conference of the National Council on Independent Living marched from the Capitol Hill area to the White House to show their concern over the President's failure to fully endorse the Americans with Disabilities Act. This bill, among many other things, would guarantee 100% accessible transportation if passed in its current form. "We have to continue to act publicly and aggressively." said Jim Gleich. "No one will give us our rights -- we have to demand them. We have to speak out for them.“ - ADAPT (464)
T I P S & TRENDS The President's Committee on Employment of People With Disabilities |Vol. 1 No.4 April 1989 [Headline] Administration Granted Rehearing of Transit Access Decision On April 10, 1989, the U.S. Department of Transportation (DOT) requested a rehearing of a court decision that would make many transit systems more accessible to people who use wheelchairs. DOT requested all eleven judges of the U.S Court of Appeals for the Third Circuit to rehear the February 13 ADAPT (American Disabled for Accessible Public Transit ) vs. DOT decision (see March Tips & Trends) which ordered DOT to cease subsidizing buses purchased by transit systems unless they are equipped with wheelchair lifts. On April 19, 1989, the Third Circuit Court of Appeals vacated the February 13 decision and granted a rehearing to DOT. The unusual decision to grant a rehearing may indicate that the February 13 decision will be reversed. [Subheading] Decision Angers Protesters Also on April 10, disability advocates and members of ADAPT were protesting for accessible public transportation during a regional meeting of the American Public Transit Association (APTA) at the Nugget Casino in Reno, NV. Protesters were disappointed by the announcement that the Federal government had asked for a rehearing of the ADAPT vs. DOT decision. Three people with severe disabilities were injured, 49 protesters were arrested and many were jailed. Untrained ranch hands from the surrounding area assisted the under-staffed Reno police department with the arrests, and threatened to take seeing eye dogs from blind protesters if they did not disperse. Wheelchair users were dragged from their seats by the local police and deputies, who broke a leg of one severely disabled protester. Wade Blank, spokesperson for ADAPT, commented from Reno: "This means the protests must continue, all the way to the White House if need be.” Article is accompanied by a picture of a handwritten letter from a very young child. The letter reads: Dear Pres. Bush, Please stop the appeal so my sister can ride the bus with me. I love you. Kailee (5 yrs. old) - ADAPT (466)
This is a continuation of the story on 484. The article is included there in it's entirety for ease of reading. - ADAPT (470)
This is a continuation of the story on 484. The article is included there in it's entirety for ease of reading. - ADAPT (471)
This is a continuation of the story on 484. The article is included there in it's entirety for ease of reading. - ADAPT (473)
PHOTO by Tom Olin: George Roberts, wearing an UMTA name badge, an ADAPT headband and black and gold ADAPT "no steps" T-Shirt, looks down as Bob Kafka and he chain their wheelchairs together. Bob is bent forward, doubled over, using his arms to hide the lock as they attach their wheelchairs. - ADAPT (474)
PHOTO by Tom Olin: A uniformed police officer pushes Diane Coleman's motorized wheelchair away from the group of ADAPT protesters blocking the front entrance to the Radisson hotel. Diane has a bandage around her head, under her hat and has a "WE WILL RIDE" poster across her knees. Behind her you can see the group of protesters blocking the large entrance. To one side a man (another police man?) is standing. Protesters from left to right: An unknown person in a chair facing away from the camera, Chris Hronis (sp?) with a sign reading ADAPT for "Equal Rights", Mark Mactimmus in his white hat, George Roberts facing the hotel. - ADAPT (475)
PHOTO by Tom Olin: A crowd of ADAPT protesters in various items of Revolutionary War Patriots garb surround the Liberty Bell. Park Rangers stand on either side of the bell. A man in a manual wheelchair wearing a wig and rainbow suspenders sits with his back to the camera, a Disabled But Able to Vote bumper sticker across the back of his chair. Bob Kafka in a colonial jacket and tri-cornered hat faces the camera, to his left Mike Auberger is talking with a person with a small child on their hip. In the center of the picture, partially obscuring the Liberty Bell is a poster that reads "We Need to Get There Too!!" In the background green trees can be seen through a huge plate glass window. - ADAPT (476)
June 1989 ROLL CALL Page 11 [Headline] CORD Reps Join ADAPT in Philadelphia to Support Third Circuit Ruling Amy E. Hasbrouck & Kent Killam When the Third Circuit Court of Appeals in Philadelphia handed down its landmark decision in February — mandating lifts on new public transit buses, and eliminating the 3% cap on spending for access -— only three of the 12 judges ruled in the case. Usually such rulings stand unchallenged, but in this case the Bush administration chose to file a motion to have the decision reheard, according to Bill Henning, Director, and Kent Killam, an Organizer/Advocate at the Cape Organization for the Rights of the Disabled (CORD). On Monday, May 15, all 12 judges heard arguments in a suit filed by American Disabled for Accessible Public Transportation (ADAPT) demanding “meaningful” access to public transit for people with disabilities. Over 50 disabled rights activists turned out in Philadelphia over the preceding weekend to voice support for the original ruling, and objection to inaccessible public transportation. Many local activists were on hand for the weekend protests, including, Bill Henning, Michael Early, Killam and several others from CORD; BCIL member Leo Lucas; Fred Zepernick, an organizer for the Cape United Elderly; and Brian Shea, a member of BCIL’s Consumer Affairs Committee. Killam described what happened when the protesters arrived in Philadelphia on Friday afternoon. “We marched into the courthouse requesting to see the U.S. Attorney [Baylson] for the Philadelphia District," he said. “We could only get five people in through security, because they said the Attorney’s office was small. It got a little heated with security, and at one point we wound up blocking the metal detector and the gate. If they weren’t going to let us in to see the attorney and then we said ‘no one was going.’ They dragged chairs away, and we would wheel right back in.” Killam said the scene ended with Baylson phoning Attorney General Richard Thornburgh who was assisting the Department of Transportation (DOT) on the case. Baylson also met with the activists in the Ceremonial Court, an accessible courtroom on the first floor where the hearing would be held on Monday. “He said he had placed the call and expressed our concerns; how important this decision is for persons with disabilities to get out and be able to mainstream, the disabled term for integration. We were here showing our support and trying to express how important it was that this decision not be overturned.” Killam said Baylson sounded receptive. “On Saturday at 1 p.m. we gathered outside the courthouse on Sixth and Market streets," Killam continued. “We decided we wanted to ride the bus to New Jersey. To sum it up, we had three buses blocked." Bob Kafka of ADAPT crawled onto a bus at curbside, and as a second and third bus arrived, each was blocked and one demonstrator would leave his or her chair and climb onto the bus. Killam said when the second bus arrived, “The bus driver was holding up his hands saying ‘OH NO, not me!’ If they were smart they wouldn’t’ve let him through. We blocked that quarter of the intersection, traffic was blocked, people were pissed. They wound up having to let the motorists drive one at a time on the sidewalk. We plastered the buses with ADAPT stickers. “I didn't crawl on initially,” said Killam, who volunteered when another activist could not continue. “Toward the end I wasn't thinking much. I was thinking of what we had accomplished. And hoping it would make a difference, come Monday.” The police called the media, a press conference was held, then the demonstrators cleared the street. No arrests were made, and the police were very cooperative, according to Killam. “I felt people around were getting the point. I'm not sure if the proper people got the point." Killam said that one TV station gave the event limited coverage. “That night it was like a 25 or 30 second clip. ‘Bunch of radical gimps block buses’ that was about it." CORD Director Henning summed up the message of the action: “Without lifts on buses, the only way we can get on was to crawl.” On Sunday the group gathered in front of Independence Hall. Many people wore Revolutionary War costumes tri-cornered hats and white wigs. Someone also carried an ADAPT flag which resembles the American flag except that stars are arranged to form the international symbol of accessibility. The group marched around the two-block perimeter of Independence Hall. “When we were having the march a lot of people were applauding and taking pictures," said Killam. “Much better response on Sunday than on Saturday; we weren't blocking the buses." The march ended in the Liberty Bell pavilion. “We decided to rename it the Access Bell, as a lot of organizations have adopted it as their trademark. “We then marched across the street to the courthouse and did our all-night vigil. It started raining a little, but the building had an overhang. Different TV stations showed up. One station did a beautiful piece on the 11 o’clock news. One crew came at four in the morning to get footage for their 6:15 morning news on Monday. No one tried to make us leave. “Monday morning finally rolled around, and we went inside the courthouse to wait for the hearing. I'm told the hearing went well. Tim Cook, the attorney for ADAPT, did an excellent job! He was very to the point, well-worded, his thoughts were well organized, and he answered the questions very well. The DOT attorney was just mediocre." Bill Henning noted some highlights of ADAPT ‘s presentation. “Tim argued that federal statute guarantees access and so all buses must have lifts. Providing lifts is not a hardship economically and without lifts, there is extreme discrimination. The opposing attorney said it would be an undue burden to provide lifts." Henning wondered if crawling onto a bus is not an undue burden? He said it could be up to four months before the decision comes back, and described some possible outcomes. "They have a number of options, which range from accepting the original decision, to reconsidering it and issuing an entirely new decision." Henning said all the actions were designed to raise consciousness. “To that effect I think it was extremely well done," he said. “There was national attention on the event. This is an important decision because what it filters down to is that separate is not equal. It's vital that there be popular support. A lot of activists put themselves on the line for the cause." - ADAPT (642)
PHOTO by Tom Olin: Tim Cook stands amid a mass of ADAPT folks in wheelchairs, standing with signs and without. People are milling around an in the distant background are police cars and other vehicles and a grassy hill with trees and shrubs. No one is especially looking at Tim. He is wearing a white dress shirt, tan pants and a bright red necktie. His hands are on his hips and in his left hand he is holding his jacket and briefcase. In the crowd behind Tim you can see Gwen Jackson, Julie Nolan, Laura Hershey, Frank McColm and many others, and a TV reporter and camera are interviewing someone. Tim is the attorney who represented ADAPT in our case against DOT (ADAPT v. Burnley). This picture was apparently taken in Baltimore, but since Tim was so integral to the case it is included here. Everyone, all the hot shot disability lawyers, said Tim could not win this case -- but he did. [Tim is one of my heroes. -- Stephanie Thomas] - ADAPT (456)
PHOTO by Patrick Forden/Gazette Journal; The photo is looking up at Mike Auberger in a non-ADAPT T-shirt and jeans, with a short beard and mustache, hands on his hips. His chair is somewhat visible and his left leg elevated. He is sitting in the doorway of a fancy Casino with a Nugget Casino sign over the door. Caption reads: ORGANIZER: Mike Auberger of Denver says his cause is worth going to jail for. TITLE: Disabled group plans protest at transit meeting in Sparks By Susan Voyles/Gazette-Journal Up to 150 wheelchair-bound people are expected to protest outside John Ascuaga’s Nugget beginning Sunday, and Sparks police say they are ready. The protest is being staged by a national group called The American Disabled for Accessible Public Transit, and its target is the western regional meeting of the American Public Transit Association. As many as 700 people representing public bus systems, including many that don’t have buses with lifts to handle wheelchairs, are expected to attend. In protests at 16 other cities in recent years, disabled protesters have held marches, crawled onto or chained themselves to buses, and barricaded hotels where the public transit association held its meetings. “We try to make their conventions as inaccessible to them as they have made transportation to disabled people ” said protest organizer Mike Auberger of Denver. “They can’t just come and have fun." Auberger, 34, said he met earlier this week with representatives of Sparks police, the Washoe County Sheriff’s Department and Nugget security. He was handed a 32-page list of possible violations, including felonious assault, that his group could be charged with. “From what I heard, the police department’s tactic is going to be to intimidate,” Auberger said. “I wouldn’t be surprised to see the police on Sunday in riot gear.” Auberger, who arrived in town Monday to prepare for the protests, said he expects about 150 handicapped people from around the country to show up. Auberger said he met with members of the Sparks and Reno police, the Washoe County Sheriff’s Department and court marshals Tuesday. “It’s definitely threatening but I think the people coming in here are well aware of what could happen to them,” Auberger said. Already Auberger has had a confrontation, albeit a friendly one, with Nugget security and Sparks police. Monday when Auberger was casing the outside of the Nugget, with video camera in hand, a security guard and a police officer approached him and knew him by name, he said. “It gave me a real feeling for how the police are going to respond and how the casino security will respond," Auberger said. “It was like the casino burped and the police said ‘Excuse me,’ and that’s not normal." Auberger said his group has yet to begin drawing up strategy on how it will carry out its demonstration. However, Auberger predicted his group won’t be happy with being confined to B Street. “(The location) is very visible to traffic on B Street but it won’t be visible to APTA members,” Auberger said. “The spot is perfect if your issue is with the public or if it's directed at the Nugget." Auberger said his group is not violent although it is confrontational. Zamboni showed the press a 10-minute video tape of an ADAPT demonstration held in San Francisco Sept. 28, 1987. The video tape showed demonstrators blocking a SAMTRANS bus and tying their wheelchairs to the vehicle's wheelspokes and sitting on the Powell Street cable-car tum-around. It also showed police handcuffing protestors to their wheelchairs and the protestors chanting "We want to ride,” and "We want access." - ADAPT (457)
The Daily Sparks Tribune Wednesday, April 5, 1989 - Vol. 77, No. 233 © 1989 Sparks Tribune Co, [Headline] Protest from page 1A [we don't have part one of this article] Auberger, who arrived in town Monday to prepare for the protests, said he expects about 150 handicapped people from around the country to show up. Auberger said he met with members of the Sparks and Reno police, the Washoe County Sheriffs Department and court marshals Tuesday. “It's definitely threatening but I think the people coming in here are well aware of what could happen to them,” Auberger said. Already Auberger has had a confrontation, albeit a friendly one, with Nugget security and Sparks police. Monday when Auberger was casing the outside of the Nugget, with video camera in hand, a security guard and a police officer approached him and knew him by name, he said. “It gave me a real feeling for how the police are going to respond and how the casino security will respond,” Auberger said. “It was like the casino burped and the police said ‘Excuse me,’ and that's not normal.” Auberger said his group has yet to begin drawing up strategy on how it will carry out its demonstration. However, Auberger predicted his group won’t be happy with being confined to B Street. “(The location) is very visible to traffic on B Street but it won't be visible to APTA members" Auberger said. “The spot is perfect if your issue is with the public or it‘s directed at the Nugget.” Auberger said his group is not violent although it is confrontational. Zamboni showed the press a 10-minute video tape of an ADAPT demonstration held in San Francisco Sept. 28, 1987. The video tape showed demonstrators blocking a SAMTRANS bus and tying their wheelchairs to the vehicle’s wheelspokes and sitting on the Powell Street cable car turn-around. It also showed police handcuffing protestors to their wheelchairs and the protestors chanting “We want to ride,” and “We want access.” - ADAPT (458)
This article is continued in photo 451, but the text of the entire article is included here for ease of reading. The Handicapped Coloradan May 1989 VOL. 11, NO. 11 Boxed text in masthead: If you use a wheelchair and ever tried — or wanted -- to board an accessible bus in Detroit between Nov. 10, 1984, and the present, you owe it to yourself to read Justin Ravitz‘s story on p. 3. Photo: Man, in a dark suit standing against a white background with his hands in his pockets. He has dark hair and large eye glasses, a firm thoughtful look on his face. Caption reads: Mayor Pena tells UMTA officials they have a “moral obligation" to put lifts on buses. [Headline] Court grants transit rehearing In the wake of an often ugly battle with police, hotel security guards and the courts in Reno, wheelchair activists are heading for Philadelphia where the U.S. Court of Appeals has agreed to vacate its Feb. 13 decision to require all new buses purchased with federal funds to be equipped with wheelchair lifts. The case will now be heard by the entire 13-member court rather than the three judges who originally handed down the decision on a 2-l vote. The rehearing was requested by the Department of Transportation and the Department of Justice. Six disabled leaders had met with President Bush in an attempt to persuade him to call off the appeal. Bush didn't give them an answer at the time, said Wade Blank, one of the founders of the radical American Disabled for Accessible Public Transit (ADAPT), "but it's obvious the President has no intention of taking our side." So when the court convenes at 10 a.m. May 15, scores of wheelchair demonstrators will be outside chanting, "We will ride," the battle-cry of the six-year old movement. At press time, demonstrators were planning on arriving in Philadelphia on May 12 and demonstrating in front of the Justice Department there, up to but not including being arrested. "That will come later," Blank said. On Saturday, demonstrators are expected to attempt to board city buses, crawling onto them if necessary, and to otherwise disrupt service until Philadelphia transit officials sign an agreement promising to provide accessible service. Then on Sunday, the day before court opens, demonstrators will don Revolutionary War uniforms and march from Independence Hall to the federal courthouse, led by fife and drum. The movement is at a crossroads, Blank said, pointing out that many of his fellow activists are afraid that the court will reverse its pro-accessibility vote when its decision is made known, 30 to 90 days from now. Many of those activists are reluctant to appeal the decision to the U.S. Supreme Court if they lose in the Court of Appeals, arguing that the high court has a conservative majority, “We might have to wait 20 years before we get a liberal court," Blank said. "Better we find out where we stand with the court right now and then decide on a course of action." ADAPT has had plenty of experience with conservative judges in recent weeks, according to Blank, who said he broke down and cried at the treatment wheelchair defendants received in the Sparks courtroom of judge Don Gladstone. Gladstone told demonstrators that their mass arrests had "tarnished" their cause and suggested that the group needed "new leadership." Blank said Gladstone's courtroom was a zoo. "He locked the doors and screamed at us." Gladstone wasn't the only person in Reno and Sparks who was upset with ADAPT, which was there to protest at a regional meeting of the American Public Transit Association (APTA) as they have done in 16 other cities over the latter group's refusal to endorse mandatory accessibility for all transit systems in the country. The police weren’t very happy, either. Some 72 demonstrators were arrested during the 5-day-long protest, with about half of that number going to jail. City officials estimated that the protest cost local taxpayers at least $116,000. Police estimated their costs of controlling the group at $79,275, while the sheriff's department, which runs the Washoe County jail, placed its costs at about $34,164. Gladstone said municipal court costs will run about $3,000. But it wasn't just the money that bothered city and county officials. "While (the police) are out there handling these individuals and you cal 911, the response times change dramatically,” said Sparks Municipal Court judge Andy Cray. Police Lt. Tony Zamboni said, "We understand these people have certain rights, but they also don't have the right to obstruct other citizens." Sheriff Vince Swinney agreed with Zamboni and also seemed a bit miffed that the media were playing up the plight of the demonstrators. "Somebody should realize this is what these people want to do," he said. "if they were treated like royalty, they wouldn't be happy. And the media is playing it up 100 percent. I really think that we who have been here and will continue to be here deserve some credibility." ADAPT organizer Mike Auberger, 34, of Denver, said that the Washoe County jail was not prepared to deal with housing 30 disabled prisoners, although sheriffs department officials disagreed, saying that extra doctors and nurses were on duty. Twenty-two of the jailed demonstrators staged a hunger strike, including one woman who was warned by a doctor that she would ultimately go into seizures if she participated in the fast. Another demonstrator, Diane Coleman, an attorney from Los Angeles, was taken from the jail at 3 a.m. Tuesday morning when she started vomiting. Coleman was taken to the Washoe Medical Center where she was given liquids intravenously for dehydration. Headline for part 2 of article: Reno protest turns ugly as judge lectures ADAPT ”Get new leaders. ” Blank said that three or four demonstrators had to be hospitalized when they returned home because of inadequate care received at the jail. For example, Auberger was not allowed to empty his leg bag and he went into hyper reflex, according to Blank. “His blood pressure shot up to 300 and nearly blew his head off," Blank said. Unable to place a call to fellow ADAPT members in Sparks, Auberger was forced to call his parents in Indiana to see about getting help. Ultimately, Auberger had to bail himself out of jail in order to get medical treatment. “That's when the police began telling other jailed demonstrators that their leaders were bailing out on them," Blank said. Demonstrators also complained that the police in Reno and Sparks were rougher than the ones they had dealt with in other cities, pointing out that more of them were actually handcuffed than was usually the case. Most of the demonstrations took place outside the Nugget Casino and Hotel, which was serving as APTA's convention headquarters. Some 700 delegates were staying there. Demonstrators attempted to block all the entrances to the hotel to show APTA delegates what it is like not to have access to public institutions, buildings and buses. One demonstrator, Beverly Furnice, said her knee was broken when a Nugget security guard hit her leg as she was wheeling up to the door on the southeast side of the hotel. Nugget spokesperson Parley Johnson said he was sorry to hear about Furnice. “We made every possible effort to ensure the safety of all involved," he said. "However, if we have someone trying to get in, and we're trying to get the doors closed, what can I say? The person (trying to get in) is contributing to the problem. "We could not allow the group to come in and disrupt our business and cause problems with our customers. And we have every right to do this." Judge Gladstone several times commented on how well the hotel staff and police handled the situation. “He's just a front man for the casinos," Blank commented. On the other hand, demonstrators had nothing but praise for Reno's Citifare public transit system, which has already made a commitment toward a 100 percent lift-equipped bus system. All Citifare buses bought since 1984 have lifts, and the system expects its nonaccessible buses to be phased out by 1996. "We're not fighting Reno or any other city," Auberger said. “We're fighting APTA." Less than three weeks later, demonstrators were doing just that again, this time in Denver, where ADAPT was founded in 1983, Some 30 demonstrators were arrested as they protested outside the Radisson Hotel, where the Urban Mass Transit Association (UMTA) was holding a national transportation conference. The next day, April 25, 40 demonstrators, 30 of them in wheelchairs, were forcibly removed from the Federal Building at 9th and Stout by federal officers. Demonstrators were protesting word that the Department of Transportation, of which UMTA is part, had decided to appeal the Court of Appeals decision. "We are tried of winning lawsuits and never getting them implemented," said protester Maureen O'Rourke. UMTA‘s Alfred A. DelliBovi disagreed with the original court decision, saying his agency supports letting each transit provider decide how to handle disabled riders. Earlier Mayor Federico Pena met with ADAPT and reiterated his strong support for their goals, a statement he repeated when he met later with UMTA officials. Pena was responsible for forcing APTA officials to allow ADAPT to address its national convention in Denver in 1983. That is the only time ADAPT members have been allowed inside an APTA convention. - ADAPT (459)
The Daily Sparks Tribune: Thursday, March 23, 1989 - Vol. 77. No. 224 @ 1989 Sparks Tribune Co [Headline] Protesters plan to disrupt convention By Faith Bremner Tribune Staff A national handicapped rights group says it will take over downtown Sparks next month and commit acts of civil disobedience to draw public attention to handicapped accessible public transportation. But American Disabled for Accessible Public Transportation's (ADAPT) specific target will be the American Public Transportation Association (APTA) convention at John Ascuaga's Nugget April 9-13. In 1980, APTA successfully lobbied the federal government to drop a requirement that all public transportation systems that receive federal funds must purchase buses with wheelchair lifts, ADAPT co-founder Mike Auberger said. APTA represents about 450 transit authorities in the United States and Canada, including Citifare which is hosting the convention. "Everything we do will be centered around transportation,” Auberger said in a telephone interview this morning from ADAPT's Denver, Colo. headquarters. “That's the only reason “we're coming to Sparks; We‘re not coming to the city just to inconvenience Sparks.” Auberger said he expected about 150 ADAPT members from all over the country to show up during the convention and do things like chain themselves to city buses and block the entrances to the Nugget. Sparks Police Department spokesman Tony Zamboni said the department is aware of the convention and of ADAPT's plans to protest. He said Sparks Police are in contact with other police agencies around the country that have dealt with the group. "We are here to provide a service and we will protect these person's first amendment rights as well as anyone else‘s," Zamboni said. "We are prepared for the outcome of any situation such as this.“ Sue Hyde, marketing manager for the Regional Transportation Commission which oversees the Citifare operations, said her agency does not plan to change its operations during the convention. Seventy percent of Citifare‘s buses are already equipped with wheelchair lifts and plans to purchase more, she said. Most of the buses that come into downtown Sparks have the lifts, but some of them don’t, she said. “I don't think Citifare should have any problems," Hyde said. "If they block our buses they would be hurting their constituency." Since it was founded six years ago, ADAPT members have experienced 1,000 arrests — all at APTA conventions, Auberger said. "It‘s a varied group, we're all very experienced." Auberger said. "The majority of the people have gone to jail a number of times and stayed in jail for a week at a time. "This is not a group that's afraid of the police. These people are willing to go to jail to make a point." The point to all the demonstrations, Auberger said, is to make life difficult and inaccessible to the APTA conventioneers, just like it is for people in wheelchairs who can't get onto buses. The organization also uses its demonstrations to make the public think about handicapped access to public transportation, Auberger said, even if the public reacts negatively to ADAPT's methods. "(The public) doesn't have to like what we do or support what we do but it‘s important for them to think about the issue,“ Auberger said. It‘s not easy to arrest someone in a wheelchair, Auberger admits. "We've had cases where people were taken out of their wheelchairs and their chairs were left behind" Auberger said. “If the police don't have a van with a lift, they sometimes lift the chairs right into the paddy wagons. "The motorized wheelchairs can weight up to 300 pounds. It's not an easy process." - ADAPT (460)
Wednesday, APRIL 12 1989 RENO GAZETTE-JOURNAL Photo by Tom Spitz/Gazette-Journal : A somewhat frail looking man, Randy Blatz, in a large wheelchair sits sideways looking at the camera. A sign is taped to the side of his chair; it reads "WE WILL RIDE." His legs are extended out in front of him and are covered by a blanket. Behind him another wheelchair protester looks at the camera with his arm up shading his face and his view. Behind them are other protesters in a line, pretty much filling the picture. Caption reads: BACKER: Randy Blatz of Hayward, Calif, shows support for his locked-up comrades Tuesday outside the Washoe jail. [Headline] Disabled protesters maintain hunger strike [Subheading] Jailed demonstrators getting care, sheriff says By Susan Voyles/Gazzette-Journal A hunger strike in the Washoe County jail by 22 handicapped prisoners — arrested for obstructing sidewalks while protesting a public Transit meeting in Sparks -— continued Tuesday night, although nine demonstrators broke their fast. Leaders of the American Disabled for Accessible Public Transit (ADAPT) group encouraged jailed protesters to break their fast after Washoe County Sheriff Vince Swinney early Tuesday afternoon promised the inmates more nurses, if needed, and more medical supplies. But Lt. Rod Williams said the hunger strike wasn't over medical treatment. "They're protesting the fact they're here,“ he said, “not the conditions in the jail." The hunger strike began Monday night after 25 people were arrested and jailed in a demonstration against public transit officials meeting at John Ascuaga's Nugget. The meeting concludes today. Five others have been in jail since Sunday night, when ADAPT began a planned four-day protest. They're here to protest the western regional meeting of the American Public Transit Association, which is fighting ADAPT's legal efforts to require all federally funded transit systems to buy buses equipped with wheelchair lifts. Swinney said one female prisoner vowed to continue her fast even though she was warned by a doctor that she'll ultimately go into seizures. Another woman, Diane Coleman of Los Angeles, was released from Washoe Medical Center Tuesday morning after being given liquids intravenously for dehydration. She was taken to the hospital about 3 a.m. Tuesday when she began vomiting. Mike Auberger, organizer of the Denver based group, and Pat Gilbert, his Reno attorney, met with Swinney early Tuesday afternoon to discuss jailed ADAPT members complaints. "People in charge are now in the process of trying to respond to the situation, which they've never been in before," Auberger said at a news conference outside the jail. “It's a lot more positive than it was two hours ago." Swinney said the jail has put 11 nurses to work, nine more than usual. And more nurses and a doctor will be brought in if needed, he said. But he admitted the jail did not have enough medical supplies, such as catheter drainage bags, on hand and had to order more. Normally, the jail sees only about six handicapped prisoners a year. Sparks Municipal Judge Don Gladstone defended the sentences handed down to the protesters. Of the 30 in jail, the majority were sentenced to three days for obstructing sidewalks, fire entrances or a police officer, and given an average fine of $580. On Sunday, only five of 49 people arrested went to jail. Those five pleaded innocent and will have their trials Monday. Gladstone said he warned ADAPT members he'd get tougher on them. "Clearly, everyone was put on notice," he said. "We're not following their rules" Auberger, who was also arrested but paid a fine to get out of jail Monday night, was outraged so many of his people were arrested. "I have been in many cities where I have done civil disobedience and I wasn't arrested," he said. "Maybe it's the politics of Sparks that the city has to respond to what the Nugget wants. it's real clear (Gladstone) was being forced to do what he did." “They don't toss people in jail for blocking sidewalks in most cities," complained Pete Mendoza of Marin County, Calif. "They were researching ordinances to arrest us.“ Gladstone who said he supports the rights the handicapped are seeking, said he is simply doing his job and the demonstrators were amply warned. Among the 50 or so protesters outside the jail Tuesday was Beverly Furnice of Denver, with a thick, fresh bandage around one of her twisted legs. She claims her leg was broken Sunday night when a security guard tried to move her out of a doorway. She was treated at Sparks Family Hospital, but officials would not confirm that her leg was broken. She was arrested after the incident, and said she sat in Sparks Municipal Court for five hours before she was released with a verbal warning. Nugget spokesman Parley Johnson said he's not sure what happened to Furnice. "There was a lot of shoving and pushing going on," he said "If it did happen, I'm very sorry about it." Gladstone said he doubted she broke her leg. He said he and his staff held arraignments until midnight Sunday and were far more inconvenienced than Furnice or anyone else arrested.