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დასაწყისი / გალერეა / Victory in the Courts, Spring & Summer 1989 27
ნახვა:
რიცხვი
გამოქვეყნების თარიღი / 2015
იანვარი
თებერვალი
მარტი
აპრილი
მაისი
ივნისი
ივლისი
აგვისტო
სექტემბერი
ოქტომბერი
ნოემბერი
დეკემბერი
ყველა
- ADAPT (486)
PHOTO Tom Olin?: Two police officers, one in plain clothes and one in uniform stand talking but looking in opposite directions. The plain clothes man has on a tie and jacket. He has his arms crossed across his chest, as does the other officer. Behind them are visible, parts of the fronts of two large buses sitting side by side. Between the cops and the buses is partially visible the line of people in wheelchairs who are blocking the buses. Diane Coleman is partially visible, with an "Access Not Excuses" poster in front of her legs, and another man's head is visible with his access poster -- around the shoulder of one of the officers. - ADAPT (487)
The Handicapped Coloradan ADAPT wins transit access VlCTORY! Federal court orders all new buses to be equipped w|th wheelchair lifts APTA pressures DOT to appeal decision Feb. 13,1989. Call it V-D Day. Victory over the Department of Transportation (DOT). Or call it V-A Day. Victory over the American Public Transit Association (APTA). Because on that day in Philadelphia, within earshot of the Liberty Bell and walking distance of the hall in which the Declaration of Independence was forged, disabled Americans won not only the right but the means to ride mainline public transportation. On a 2-l vote, the U.S. Court of Appeals for the Third Circuit ruled that in the future every transit system in the nation that buys buses with assistance from the DOT must purchase only buses equipped with wheelchair lifts. That decision reverses a 1988 ruling by U.S. District Judge Harold Katz who upheld DOT’s policy of allowing transit systems the “local option" of providing public transit to people with disabilities through a paratransit system. APTA, which reaffirmed its support of local option at its last national convention, has urged DOT to appeal the decision to the U.S. Supreme Court. Such an appeal must be filed within 90 days, or by May 13, 1989. DOT already has filed for a rehearing, and the court is expected to announce by March 29 if they would be willing to reconsider the decision. Justices Carol Los Mansmann and A. Leon Higginbotham wrote the maiority opinion with Judge Morton Greenber dissenting. The case was brought to the Court of Appeals by a dozen disability rights organizations, led by the militant American Disabled for Accessible Public Transit (ADAPT) and the Eastern Paralyzed Veterans of America. Timothy M. Cook, director of the newly formed National Disability Action Center, argued the case. It wasn't the first time wheelchair lifts have been in the courts. in 1979, the DOT, at the direction of President Jimmy Carter, ordered all transit systems to install lifts on new buses, but that mandate was struck down in federal court after an appeal by APTA. APTA’s insistence on local option led to the creation of ADAPT by a handful of militant wheelchair users in Denver, who set up pickets outside the Hilton Hotel headquarters of APTA's I983 national convention. At the insistence of Mayor Federico Pena, ADAPT was allowed to speak before the convention and no arrests were made. That was the last time either situation would exist. At every subsequent national convention or regional APTA meeting, wheelchair militants have shown up in force, blocking buses and hotel entrances until local police forces were forced to cart them away to jail. “Who would have thought a bunch of ragbag crips from Denver could have started something that would have grown this big?" asked ADAPT founder Wade Blank, co-director of the Atlantis Community, a local independent living agency. Both Blank and Cook cautioned that the war was not over yet, although both said they were pleased that the 73-page court opinion was filled with the language of the civil rights movement and would go a long way toward convincing those on the fence that their cause was just. The Court of Appeals opinion reads, in part: “We find the goal of eradicating the ‘invisibility of the handicapped‘ led Congress to enact measures to facilitate, if not immediate and complete mainstreaming of the handicapped, then affirmative and aggressive steps in that direction." The decision involves only new buses, as the justices argued that requiring systems to retrofit old buses would subject them to "undue burdens." Cook said after the decision was handed down that the "opinion is completely consistent with President Bush's call last week, in his speech before Congress, for Americans with disabilities to be ‘in the economic mainstream.‘ Nothing is more essential to meeting that goal than the provision of accessible public transportation." Mike Auberger of the Denver ADAPT chapter, who's been arrested in several cities while engaging in civil disobedience, agreed that accessible public transit is the key to enabling disabled people assume full citizenship. "People are dying out there," Auberger said. "Disabled people go into nursing homes because they don't have any options. I personally know people who have committed suicide because they don‘t have any options. Wheelchair lifts will give them that option." Auberger said that ADAPT doesn't plan to rest on its laurels. They'll be Reno April 7-ll for a regional APTA convention and back in Denver April 23-26 for the national meeting of the Urban Mass Transit Association (UMTA). “Our demand is simple," Auberger said. “We just want them to drop the appeal process and accept the decision." If they don't, Auberger promised that protesters would try to fill the jails one more time. To that end, ADAPT members intend to picket DOT offices in 12 cities on Good Friday, March 24, and ask staff members there to call the Presidiential assistant in charge of transportation matters and ask that the court decision not be appealed. "If they don't make the call, then we don't go," Auberger said. "I'm sure we'll take some heat because we're doing it on Good Friday," he said, explaining that he expects many offices to be shorthanded because of workers leaving early for the Easter weekend. "That should just add to the confusion." - 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]