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الرئيسية / الألبومات 35
تاريخ الإضافة / 2015 / جولاي / 3
- 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 (549)
Denver Post Rights bill OK’d for disabled President expected to sign landmark act By The Washington Post WASHINGTON — Amid rare displays of personal emotion, the Senate gave final approval yesterday to landmark legislation barring discrimination against an estimated 43 million Americans with physical and mental disabilities and sent the bill to President Bush, who is expected to sign it. The legislation was overwhelmingly approved by the Senate after several members spoke with deep emotion of the importance of the legislation to brothers, sisters and children in their own families. The Americans with Disabilities Act, which would give the disabled the same civil-rights protections in jobs, accommodations and services that currently apply to minorities, women and the elderly, was approved by the Senate by a vote of 91 to 6. The House, voting 377 to 28, approved it late Thursday. The way was cleared for final action on the measure when House-Senate negotiators agreed Thursday morning to a Senate proposal to drop a provision that would have let employers transfer workers with AIDS out of food-handling jobs. On the Senate floor yesterday, Sens. Tom Harkin, D-Iowa, Orrin Hatch, R-Utah, and Edward Kennedy, D-Mass, visibly struggled with their own emotions as they told of close relatives who were inspirations to them in spite of — or because of — their disabilities. Simultaneously ,'speaking and giving his summation in sign language in tribute to an older brother who is deaf, Harkin, the bill's sponsor, said it “sends the world a clear and unequivocal message that people with disabilities are entitled to be judged on the basis of their abilities and not on the basis of ignorance, fear and prejudice.” “American will be a better place because of the action we take today,” said Hatch, who fought back tears as he told of the inspiration he drew from a brother-in-law "who was stricken by polio and slept nights in an iron lung after working every day until his death. Kennedy told of his mentally retarded sister, Rosemary, and his son, Ted. who lost a leg to cancer. PHOTO (Associated Press): A group of people stand in a fancy Capitol room. On the left side of the picture two men in suits stand together (Rep. Hoyer and Sen. Hatch) one holding a cloth and smiling, the other wiping his eye. Facing them is a small crowd of people several of whom are clapping and smiling. A man on the far right appears to be blind. In front of the others are a woman and a man (Justin Dart) in wheelchairs. Justin, wearing his trademark cowboy hat, has his head down and is wiping his eyes. A tall man in the back is taking a picture over other people's heads. Caption reads: EMOTIONAL SHOW. Rep. Steny Hoyer, D-Md., left, and Sen. Orrin Hatch, R-Utah, wiping away a tear, join in celebrating passage of bill on employing people with disabilities. - ADAPT (552)
Los Angeles Times Tuesday March 13, 1990 Disabled Persons Rally, Crawl Up Capitol Steps Congress: Scores protest delays in passage of rights legislation. The logjam in the House is expected to break soon. By WILLIAM J. EATON Times Staff Writer WASHINGTON—-Crawling up the Capitol steps to dramatize the barriers confronting them, scores of disabled persons rallied Monday to protest delays in congressional action on a Senate-passed bill to expand their access to jobs, transportation and public services. The legislation, endorsed by President Bush, has broad bipartisan backing but has been moving at glacial speed through four House committees since it was approved overwhelmingly by the Senate last September. “Two centuries is long enough for people with disabilities to wait before the constitutional promise of justice is kept," Justin W. Dart Jr., chairman of the President's Committee on Employment of People with Disabilities, told the rally. “If we have to come back, perhaps we'll simply stay until they pass [the bill]," said I. King Jordan, first deaf president of Gallaudet college for the deaf, hinting at a Capitol Hill camp-in for the disabled. Organizers of the rally said disabled persons from 30 states, including many in wheelchairs, came to demand immediate action on the bill without any weakening amendments. At the close of the rally, when dozens left their wheelchairs to crawl to the Capitol entrance, spectators’ attention focused on 8-year-old Jennifer Keelan of Denver, who propelled herself to the top of the steep stone steps using only her knees and elbows. Nearby, sprawled on her back and inching ahead slowly, was Paulette Patterson, 33, of Chicago. “I want my civil rights," Patterson said. "I want to be treated like a human being." Despite grumbling from rally-goers that the Bush Administration and Democratic leaders were relaxing their efforts on behalf of the measure, key advocates predicted the House log-jam will be broken in the next few weeks. The House Energy and Commerce Committee is expected to approve its part of the legislation today, followed by similar action by the Public Works and Judiciary committees. Final House passage appears likely to occur by May. Ralph Neas, executive director of the Leadership Conference on Civil Rights, said the unusual lobbying effort would provide a "final push" to the legislation, which he forecast would clear the House with no more than 100 votes against it. The demonstration at the West Front of the Capitol had some of the fervor of a civil rights rally of the 1960s as the demonstrators chanted slogans and sang songs to underscore their message to Congress. Rep. Patricia Schroeder (D-Colo.) made the comparison, telling the crowd; “What we did for civil rights in the l960s we forgot to do for people with disabilities." Another member of Congress, Rep. Major R. Owens (D-N.Y.), said there are still threats to passage of the bill from conservative lawmakers and powerful business interests who oppose the legislation's provisions on disabled access to transportation. “All the i’s have been dotted and all the t's have been crossed," Owens said. "There have been enough negotiations-delay is the real enemy." Speaking for the Bush Administration however, Chairman Evan J. Kemp Jr. of the Equal Employment Opportunity Commission denied any lack of enthusiasm by the White House. Kemp, who uses a wheelchair, said: "This Administration is more for the bill today than it was 14 months ago.... We have solidarity. Solidarity made Poland free; It can make us free, too." But James Brady, former press secretary to President Ronald Reagan, expressed impatience with Congress’ rate of progress. “l hope these politicians are awake and listening. If not. we'll be back." said Brady, who was disabled when he was shot in the head during an attempt on Reagan's life. Meantime, Atty. Gen. Dick Thornburgh notified key members of the House that the Administration would seek a change in the Senate passed bill to make clear that disabled persons who are willfully discriminated against would not be entitled to monetary damages. The "clarifying amendment" will be introduced during the House Judiciary Committee's consideration of the bill this month, Thornburgh said, adding; "We will . . . continue to support expeditious passage of the Americans with Disabilities Act with this clarification." PHOTO: Looking down from the higher steps at a person crawling up the steps on their hands and knees. To this person's left side is part of another person climbing by sitting and to the right a pair of legs and shoes of another stair climber. Behind the person in the center, on steps closer to the base of the flight of steps are many more people just beginning the climb and still others standing and sitting at the bottom cheering them on. Part of the ADAPT flag is visible in the crowd. Caption reads: Difficult Climb. Scores of disabled people crawled up the steps of the U.S. Capitol, in a protest over delays in congressional action on a bill to expand their access to jobs, transportation and public services. Many of the demonstrators left their wheelchairs to dramatize the barriers they confront dally, organizers said. - ADAPT (581)
New York Times NATIONAL Tuesday March 13, 1990 Bill Barring Discrimination Against Disabled Hits Snag By STEVEN A. HOLMES, Special to The New York Times WASHINGTON, March 12 — Having strongly supported a comprehensive bill in the Senate to extend civil rights protections to 43 million Americans with physical and mental disabilities, the Bush Administration is balking at efforts to toughen penalties against businesses that do not comply. Officially, the White House has not withdrawn its support for the bill, which would require all new buildings and services used by the public to accommodate the disabled. “We do support the legislation," the White House spokesman, Marlin Fitzwater, said today. "We‘re very supportive of their rights and their cause." But other Administration officials said President Bush was reluctant to support the measure if its backers persisted in seeking penalties for job discrimination that are harsher than those in the Civil Rights Act of 1964. That law bars discrimination on the basis of race, sex and national origin and limits penalties to court injunctions directing a business to stop discriminating and to reinstatement and back pay for those dismissed or not promoted as a result of bias. Both the disabilities bill passed by the Senate and one pending in the House state that penalties for violating the anti-discrimination provisions will be the same as those in the Civil Rights Act. Letter From Attorney General But a new bill introduced in both the House and the Senate last month would toughen the penalties in the 1964 law to allow for compensatory and punitive damages. Thus it would affect those in the disabilities bill as well. Sponsors say chances for passage of the proposed changes in the Civil Rights Act are good. Attorney General Dick Thornburgh, in a letter sent tonight to Representative Steny H. Hoyer, Democrat of Maryland, the chief sponsor of the House bill, said the Administration would seek to amend the disabilities bill to delete any link to the 1964 act and to lay out specifically what the employer sanctions would be. A spokesman for Mr.Thornburgh, David Runkel, said tonight that the Administration does not want the penalties in the disabilities act to go beyond the court injunctions and reinstatement and back pay now in the 1964 law. Senior Administration officials said the White House may withdraw its support from the bill if it is unable to delete any reference to the 1964 legislation. The disabilities measure, which passed the Senate in September by a vote of 76 to 8, has 246 sponsors in the House and passage seems virtually assured. Alixe Glen, a White House spokeswoman, declined to say whether the President would veto the bill if it continues to be linked to the civil rights laws. Rally by Disabled People The maneuvering over the bill came as more than 250 disabled people, many of them in wheelchairs, held a rally at the White House and then moved on to the steps of the Capitol to press for prompt House passage of the disabled rights bill. "Too often disabled people are seen as objects of charity or pity," Bob Kafka, a quadriplegic from Austin, Tex., said. "We're here to change that image. And we're here to send a message to the President and to Congress that this bill needs to be passed with no weakening amendments." If passed in its current form, the Americans with Disabilities Act would be the most sweeping civil rights law enacted since the landmark 1964 act. It mandates that all new buildings used by the general public, including restaurants, lodgings, places of entertainment, doctors’ offices and other establishments, provide the disabled with the means to enter and exit and that existing businesses make appropriate modifications if that can be done without creating a financial burden. The bill would also require that new railroad and subway cars and buses purchased by public and private transportation companies be accessible to people with disabilities and that telephone companies provide public telephones that can be used by persons with speech or hearing impairments. It was to gain the support of the White House and Senate Republicans that the bill's backers agreed to link the penalty provisions to those in the 1964 civil rights law. The bill's supporters had wanted to allow disabled people who proved they were victims of intentional and willful job discrimination to sue for compensatory and punitive damages. But the Administration argued that the disabled should not receive protections that were greater than those accorded to women and minorities. With the Administration's backing, the Senate approved the bill. But as it worked its way through House committees, a separate measure, the Civil Rights Act of 1990, was introduced in Congress with the backing of a coalition oi civil rights organizations that includes groups representing people with disabilities. The new measure amends the 1964 law to permit compensatory and punitive damages for victims of job discrimination. ENLARGED TEXT INSERTED INTO THE ARTICLE: How tough should the penalties against businesses be? PHOTO (The New York Times/George Tames): Three women in wheelchairs (Paulette Patterson, Christine Coughlin, and Lillibeth Navarro) across a sidewalk roll in front of a large white pillared government building [part of the White House complex]. The closest woman is holding a small bull horn and chanting; she is being pushed by another woman with an ADAPT headband and T-shirt. The other two women are in power chairs, the one in the middle has a placard that says something about Rights, and she is carrying the ADAPT flag and chanting. All four women look very determined and strong. Caption reads: Hundreds of handicapped people demonstrated in Washington yesterday to press for passage of the Americans With Disabilities Act. - ADAPT (553)
June 12, 1990 - Guardian. 5 Disabled 'ecstatic' as rights act clears House By DIANE COLEMAN The Americans with Disabilities Act, considered by many to be the most sweeping civil rights legislation since the 1964 Civil Rights Act, easily cleared the House of Representatives May 22. It is expected to reach the president‘s desk by July 4. The act prohibits discrimination based on disability in public accommodations, employment, transportation and telecommunications. It is intended to address "rampant, daily discrimination in every sphere of American life,“ Rep. Pat Schroeder, D-Colo., told her colleagues on the House floor. “Mentally retarded persons are kept out of restaurants. Persons with cerebral palsy are turned away from theaters. . . . Employers cite fears of hiring disabled persons because their customers will feel uncomfortable or even repulsed,” Schroeder added. Despite strong opposition from private business and transportation lobbies, chief among them the National Federation of Independent Businesses and Greyhound Lines, Inc. , the Americans With Disabilities Act achieved bipartisan support in both houses of Congress. The House vote was 403-29. Under pressure from the NFIB and the National Restaurant Association, the House version of the bill was amended at the last minute to allow employers to remove people with HIV infection from food handling positions. Sponsored by Rep. Jim Chapman, the amendment passed narrowly, although the Texas Democrat conceded there is no “evidence that‘AIDS can be transferred in the process of handling food.” Tom Sheridan of AIDS Action, representing 500 community-based service organizations, predicted that the Chapman amendment would go down to defeat in the House-Senate conference committee. “It’s a horrible amendment for all people with disabilities because . . . it begins to codify the fact that irrational fear is protected by the law,” he said. Nonetheless at press time Senate conferees had agreed to include the restrictions. “Cheers and tears” filled the House gallery at the moment of the ADA's long-awaited passage, according to Tennessee disabled activist Michael Gibson, “but we all know that the bill is only a first step. Several agencies will be writing key regulations which offer innumerable opportunities to weaken the effect of this legislation,” Gibson said. SOME DELAYS, FEW LOSSES While many activists feared the House would water down the Senate version of the bill, Marilyn Golden of the Disability Rights Education and Defense Fund said that the ADA “has not been weakened anywhere near the extent that much legislation is. " According to Golden, who has worked intensively for the bill's passage over the last two years, various timetables and phase-in provisions were adopted to avoid other forms of compromise. The ADA’s protections against employment discrimination, which parallel those applied to federally funded entities since 1973, do not go into effect for two years. Prohibitions against discrimination in public accommodations, such as theaters and restaurants, will require accessibility in facilities “construct[ed] . . . for first occupancy no later than 30 months after the date of enactment." Telephone companies will have three years to put in place a relay service for deaf people and others who depend on non-voice telecommunication. A requirement that all new public buses be lift-equipped will take effect in only 30 days. Many attribute this to seven years of non-violent civil disobedience by the American Disabled for Accessible Public Transit. Greyhound, a private carrier, was given six years to begin replacing its retired buses with accessible ones. Activists also waged a last-minute battle over employment discrimination remedies. Recently proposed legislation would add damages to the relief available to discrimination victims under Title VII of the Civil Rights Act of 1964. In the face of this, Golden said. the Bush administration tried “to renege on its agreement for parallelism” between the ADA and the 1964 act. It backed an amendment that would have kept remedies for disability-based discrimination at current levels if and when discrimination remedies are increased for other minority groups and women. The amendment was narrowly defeated just prior to the final vote on the bill itself. Overall, Golden said. “We're ecstatic." The ADA “will hopefully begin to convey to the American public. left, center and right (because in some ways I don't think the consciousness of the left is any better), that disability is not a personal issue, that there’s a systematic oppression of people with disabilities. . . . Even Congress has faced the fact of the systematic discrimination. " PHOTO (by Tom Olin): A closer view of a mass of marchers coming around a huge tree on a broad sidewalk leading up to the Capitol. Stephanie Thomas, Frank Lozano, Jennifer Keelan and others lead the march which is 12 across in some places and scattered in others. The ADAPT flag (an American Flag with the stars arranged in the wheelchair symbol instead of in rows) flies over the crowd from a few rows back. Some people are in suits and ties, some in T-shirts. Some are in wheelchairs, some carry cameras; children to older folks are in the mix. Caption reads: Seven years of nonviolent civil disobedience by the American Disabled for Accessible Public Transit has been credited for the requirement that all new buses be lift-equipped. Above, ADAPT march on U.S. Capitol.