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ಮುಖಪುಟ / ಸಂಪುಟಗಳು / Victory in the Courts, Spring & Summer 1989 27
ಪ್ರಕಟಣೆಯ ದಿನಾಂಕ / 2015
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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.“
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San Antonio, read their lips: “No lifts, no $1.6 million convention. [This story is continued on 478 but it is included here in its entirety for ease of reading.] The President's Committee on Employment of People with Disabilities will not hold its annual convention in San Antonio in 1991 because that city has no mainline accessible transit and no plans to introduce any. Instead, the meeting will be held in Dallas, which has 100 lift-equipped buses and plans to introduce more. It is estimated that the meeting, which will attract 4,000 to 5,000 people, would have brought at least $1.6 million to San Antonio. Committee chairman Harold Russell said he was informed of San Antonio's position on accessible public transit in January by Wayne Cook, general manager of VIA, San Antonio's transit system. Russell said the committee's decision was in keeping with President Bush's promise to bring the 37 million Americans with disabilities into the economic work force. "Disabled Americans must become full partners in America's opportunity society,” the President told Congress. In order to make the President's vision a reality, Russell said mainline accessible public transit has to be an option for people with disabilities who want to join the work force. “We have found that, next to attitudes, lack of accessible transportation is the most important significant barrier to employment of people with disabilities," Russell said. "There are 8.2 million people with disabilities of working age in this country who are unemployed but who can work and want to work. That's a terrible waste of talent, and it's not fair to the people who are prevented from working." Russell said his committee's mission to help people with disabilities find employment would be compromised if they held their annual meeting in San Antonio. "The issue is not transportation for people who attend our meeting," he said. “It’s everyday access to mainline transit for people with any kind of disability who "want to work and can work.” The committee's credibility was at stake, he added. Russell expressed his regret about the move. “San Antonio is a beautiful city, with wonderful people. The mayor and members of the city administration are working very hard to make the city accessible to everyone. Maybe we can come to San Antonio at a later date, when VIA's policy has changed.” Kent Waldrep, chairman of the Texas Governor's Committee for Disabled Persons, supported the decision to move the convention to Dallas. “This is one way that those of us who work in the disability field can support the goal of employment. We're not saying that every transit system needs to make all of their vehicles accessible right away,” he said. “We do think that transit operators should make an honest effort to begin that process, though. A system like San Antonio's that requires advance notice to travel just won't work for active people with disabilities who work-and shop and do all the things other people do. It’s not fair to riders or to their employers, who can't ask them ‘to travel around the city on short notice in the course of their work.” Waldrep also pointed out that in the long run accessible mainline ‘service would be far more economical than relying solely on the current paratransit system. “It doesn't make sense to make people who would rather ride mainline buses use a system that costs the taxpayers $13.50 for every ride. Why not save the heavily subsidized rides for those people who really need them?" Waldrep suggested that if everybody who is eligible to use the paratransit system in San Antonio did so, VIA wouldn't be able to pay the bill. “In the long run, putting lifts on buses will save money,” he said, "as well as being the right thing to do.” In response to the decision by the President's committee, the Coalition of Texans with Disabilities (CTD) announced" that CTD has is cancelling plans to hold its annual meeting in San Antonio. CTD president Larry Correu said that his group has met with VIA over the years to discuss the system ’s reluctance to provide accessible mainline service. He pointed out that VIA has been under a court order since 1985 to supply such service. “Maybe if CTD and a lot of other state and national organizations refuse to hold their meetings in San Antonio, they'll understand how serious the issue is,” he said. Correu said he has learned that several other organizations were also planning on boycotting San Antonio.
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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)
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This is a continuation of the story on 484. The article is included there in it's entirety for ease of reading.
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This is a continuation of the story on 484. The article is included there in it's entirety for ease of reading.
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PHOTO by Tom Olin: Justin Dart is in forground with a patriot wig with a pony tail on his head, under his hat. Stuck in his hatband is a gods eye, the crossed sticks with yarn wound around them in a square pattern. Dart is yelling and his mouth is open. Behind him Brian Shea is also yelling, his mouth also open. Behind Brian another person in an ADAPT shirt (possibly Fred ________ from Chicago).
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PHOTO by Tom Olin: A uniformed policeman and another man in a suit hold one arm each of a giant set of bolt cutters as they try and cut the kryptonite lock on George Roberts' motorized wheelchair and Bob Kafka's manual chair. You can only see Bob's feet and leg rests, but George has his eyes shut and is making a face of disgust.
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PHOTO (by Tom Olin?): A group of ADAPT activists sit on the front entrance to a public building. Some are in wheelchairs, some sit on the steps. From the left: Lonny Smith, Bob Kafka, unidentified man standing, Barb Gurthrie (smiling), unknown man in wheelchair with back to camera, unknown woman in wheelchair, Bernard Baker (with sign saying Access is a Civil Right), unknown woman in wheelchair sitting sideways in front of door, Stephanie Thomas on ground, Mark Mactimmus in red ADAPT shirt, Diane Coleman, and Joe Carle. An Access NOW poster is taped to the railing on the steps.
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This is a continuation of the story on 484. The article is included there in it's entirety for ease of reading.
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This is a continuation of the story on 484. The article is included there in it's entirety for ease of reading.
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PHOTO by Tom Olin: A line of ADAPT protesters in wheelchairs, and a few standing, cross the city street. In front of them a uniformed policeman and a plain clothes cop stand together conferring but looking in different directions. Behind the two a man on crutches stands almost hidden. Behind the line of protesters are 2 large city buses, blocked by the protest. One has a sign on top that reads Deptford Mall, [in NJ], the other Glassboro. From left to right the protesters are: Julie Nolan, Leo Lucas, Carrie Johnson, Carol Marfisi, Stephanie Thomas, Diane Coleman, a man in a wheelchair, a very short woman or girl with her back to the camera, Mike Early, and behind him a woman with white hair and a very tall African American man stand against the bus. Signs read: Access Now!!, Access Not Excuses, We Will Ride, We Need to Get There Too!!, Stop Bush Attacks Against Disabled, No Transportation without Integration. This protest is in Philly and members of CORD and ADAPT joined forces before the Third US Circuit Court of Appeals court date.
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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.
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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.
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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.
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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."