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- US_Capitol_Rotunda_part_2_cap
This is part 2 of the ADAPT Capitol Rotunda protest in support of the Americans with Disabilities Act, ADA. This shows the group preparing for civil disobedience to pressure swift passage of the bill. Over 100 people were arrested at this protest, which gets less attention than the Crawl but was equally intense. The film is open captioned (as are all videos on this museum site). - ADAPT (1764)
IF HEAVEN ISN'T ACCESSIBLE, GOD IS IN TROUBLE by Tari Susan Hartman Reprinted from Incitement, A publication of Atlantis/ADAPT [This article appears in ADAPT 1764 & 1773 but is completely included here for easier reading.] ADAPT mourns the loss of one of our greatest leaders, Wade Blank, and his son Lincoln. while on a family vacation in Todos Santos, Mexico, Lincoln got caught in an ocean undertow. Wade swam out to save him and both drowned on February 25th, 1993. They are survived by Wade's wife Molly and daughters Heather and Caitlin. Ironically, Wade died in the same way he lived swimming out into the face of hostile under currents, and giving his life to help others fight for theirs, Those who have come to national ADAPT actions remember in the early days Lincoln rode along on Wade's back. Later, he walked by wade's side while Caitlin rode. with his elfish smile, Lincoln quietly drank in all the action at demonstrations, vigils, planning meetings and anything else that came up in his dad's activist life. while other kids play "doctor" or "house", Lincoln played "rally." Wade was born December 4, 1940 in Pittsburgh, PA. After attending an all white high school, he travelled with Dr. Martin Luther King Jr. to Selma on a dare by a black college roommate. His experiences there taught him the deep oppression perpetuated by our "civilized" society. Once he graduated college, he served as pastor of a church just outside of Kent, Ohio that became the underground meeting place for the Students for a Democratic Society, SDS. After the Kent State killings, he returned to get a masters degree from McCormick Theological Seminary and was ordained a Presbyterian minister. Burnt out on his past activism and organizing, he moved to Denver and began working in a nursing home. with years of civil rights, war on poverty and antiwar organizing experience, he could not ignore the oppression he found there. So he began to deliver Dr. Martin Luther King Jr.'s dream of freedom directly to the doorstep of the disability ghetto: the nursing home. In 1971, while on staff at Heritage House, a Denver nursing home, Wade tried to work within the system to dignify the lives of the young disabled residents. A recent ABC—TV movie with Fred Savage entitled "When You Remember Me" chronicled this story. Wade and the resident's efforts were doomed to fail, but they gave birth to a better alternative. In 1974 Wade founded the Atlantis Community a model for community-based and consumer controlled independent living center named for the lost continent of Atlantis, those easily forgotten and dismissed. The first members of Atlantis were those young adults incarcerated in Heritage House, from which Wade had been fired. Forgotten by the system and often by their families, these individuals were not forgotten by Wade as he began to liberate them from the nursing home into the Atlantis Community. Years later Wade and attorney John Holland masterminded a $32 million lawsuit against Heritage House nursing home for obstruction of justice and violation of civil rights. The case went all the way to the US Supreme Court. Today many of those original nursing home residents are raising families in homes they now own. In 1978 Wade and Atlantis realized that if people with disabilities were to truly live independently, they would need, and should have a right to, accessible public transportation. On July 5-6. 1978 a "gang of nineteen" disability activists and Wade held their first inaccessible bus hostage in the Denver intersection of Broadway and Colfax. Late that night Wade was surprised when US Congresswoman Pat Schroeder handed him a doughnut and a cup of coffee. Atlantis‘ decision to take the fight for lifts on buses to the national level soon led to the birth of ADAPT (American Disabled for Accessible Public Transit. ADAPT was the nation's first direct action, grass-roots movement of disability activists and mushroomed in over 30 states, Canada, Sweden and England. Like the freedom riders of the 60s, ADAPT's struggle for accessible public transit became a national battle cry of the 80s. Over the course of eight years of biannual national demonstrations throughout the country, hundreds of ADAPT activists and their families and friends were arrested for their beliefs and commitment to ensure civil rights for all disabled citizens. Twelve years after the first bus seize, the Americans with Disabilities Act, ADA, mandated lifts on buses. ADAPT's street chant "access is a civil right" echoed in the halls of Congress, as politicians became increasingly aware that ADAPT and the disability rights movement fully expected ADA to be passed as landmark civil rights legislation. ADAPT organized the "wheels of Justice" march in March of 1990, and Wade played a key role. It was a call-- to— action that galvanized the disability rights movement to demand swift passage of ADA with no weakening amendments. Over 1,000 disability rights activists from across the nation joined forces with ADAPT to demonstrate to the world that they were to be taken seriously. On the second anniversary of the signing of the ADA (July 25, 1992), the city of Denver and its Regional Transit District commemorated that historic event by dedicating a plaque to Atlantis/ADAPT and the "gang of nineteen" who held the first bus. Wade refused to have his name engraved on the plaque, but his silent tears at the dedication ceremony revealed the depth with which he felt the issues of disability rights. He had left his mark forever etched in the foundation of our civil rights movement. In 1990, when it was clear that ADAPT had successfully led and won the fight for accessible public transportation with the passage of the ADA, wade and other national ADAPT leaders convened to plot their next course of action. There was little question for anyone what that next issue would be. ADAPT transformed its mission and became "American Disabled for Attendant Programs Today." Together, ADAPT and wade returned to the scene of one of society's most heinous crimes the warehousing of 1.6 million disabled men, women and children. These disabled Americans committed no crime, yet were and still are, interred against their will, in nursing homes, state schools and other institutions. They are used as the crop of industries like the nursing home lobby, physicians and their conglomerate owners who continue to get rich by robbing our people of their fundamental civil, human and inalienable rights to life liberty and the pursuit of happiness. Most of us are spectators sitting on the sidelines of life, learning history from books. Wade, was an active participant in over three decades of political organizing. He taught others how to create and record their own destiny. A brilliant strategist, he helped shape the tide of the disability rights movement. Yet Wade was never too busy to roll up his sleeves and assist someone with attendant services, push or repair a chair or drive a van. He stood up for what he believed in and expected others to do the same. In his Pursuit to free others from the chains of oppressions he was arrested 15 times and proud of it! Several weeks ago Wade Blank's story, including the development of Atlantis and ADAPT, was officially accepted into the National Archives. Wade, a passionate Cleveland Browns fan, was a loving husband, daddy, friend, organizer and leader. He valued and encouraged the unique contributions that each of us has to give to ourselves, each other and the world around us. We honor his contribution, value his friendship, and grieve the loss of our beloved friend and colleague. Wade was one of the few non disabled allies of the disability rights movement who understood the politics of oppression. At times through the years, his leadership role was questioned, but he never lost sight of the vision, nor lacked the support of those he was close with. Photo by Tom Olin: Wade Blank and Mike Auberger sitting on either side of the plaque honoring the Gang of 19. Caption reads: Co-Directors Wade Blank and Mike Auberger reflect on the past decade of organizing and activism. - ADAPT (801)
The Washington Post, Metro Section 5/6/93 [Headline] The Disabled Plan to Show Washington They're Enabled—and Entitled By Liz Spayd, Washington Post Staff Writer Michael Auberger has shackled his wheelchair to city buses in Dallas. He has barricaded hotel entrances in San Francisco, and he has thrown himself in front of federal buildings, government officials, even oncoming traffic, all to draw attention to the rights of the disabled. This weekend, Auberger and hundreds of other activists from across the country plan to converge on Washington for a three-day blitz of demonstrations and marches in what promises to be the largest protest in history for people with disabilities. “We've written the letters, made the phone calls, had the meetings, and the bottom line is we're still being treated like second-class citizens." said Auberger, co-founder of ADAPT, an activist group that is spearheading the activities. “lf those channels don't work, you take to the streets." Organizers say the immediate purpose of the demonstrations is to demand that the federal government commit more money to helping disabled people live at home, instead of in institutions. At the same time, they want to continue the larger campaign for equal rights that produced the Americans With Disabilities Act, landmark legislation that went into effect last year. A march to the White House and a memorial service for Wade Blank, who was a leader in the movement, are expected to draw the largest crowds, both on Sunday. What may draw the most attention, however, are demonstrations on Monday and Tuesday, when protesters are expected to disrupt Washington with human blockades of buildings and streets. The exact places and times for those actions aren't being disclosed, but the targets could include public buildings, such as the Capitol and the White House, and some federal agencies. “We like to preserve the element of surprise," Auberger said. ADAPT — an acronym for American Disabled for Attendant Programs Today — has been staging protests every six months for more than a decade to fight what it says is the inhumane treatment of the disabled at nursing homes and other institutions. The group said it hopes to redirect 25 percent of the $23 billion in Medicaid funds currently budgeted for nursing homes into programs that would enable those with disabilities to have attendants in their homes. Currently, each state sets policy for how much Medicaid money will go toward attendant care programs, but there is no national policy. [Subheading] Disabled Activists Plan 3-Day Protest The strike on Washington is timed to pressure the Clinton administration into focusing on people with disabilities as part of its package of health care revisions, due out soon, activists said. "Clinton has talked about change and says he wants people to be able to live at home, but what we're looking for is more than just words," said Bob Kafka, an ADAPT organizer in Texas who plans to bring a caravan of about 50 people to Washington. In the past, ADAPT activists have drawn attention to their cause by employing sometimes sensational tactics. They have done belly crawls across hotel lobbies in San Francisco, clawing at passersby. They have taken sledgehammers to street curbs in Denver to protest sidewalks that were inaccessible to wheelchair users. And they have swarmed and blockaded buildings in virtually every major U.S. city; a demonstration in Chicago last spring forced the evacuation of more than 1,000 American Medical Association workers and created disruptions in a half-dozen other downtown facilities. Though such events have attracted media attention, some individuals and `groups` sympathetic to ADAPT’s cause question how effective they are in achieving the larger goal of attaining more money for in-home care. “We're sympathetic to their concerns, but we think the tactics they use bring attention to ADAPT and not the problem," said Claudia Askew, a spokeswoman for the American Health Care Association, which represents 11,000 nursing homes and is a frequent target of ADAPT protests. Disabled people also are somewhat splintered over whether ADAPT's approach helps or hurts their cause. “There are people with disabilities that think ADAPT is a little extreme," said Patrick McCurdy, vice president of Marylanders for Adequate Attendant Care, a group that generally relies on peaceful protests and negotiations to lobby for in-home care. McCurdy did defend ADAPT's technique as a necessary part of an overall approach to force change in a society that he said has long ignored the rights of disabled people. Few spoke up for those rights until recently, but the Americans With Disabilities Act provided new protections to disabled people and helped forge a civil rights movement among the 43 million people with physical or mental impairments. “A great byproduct of the [disabilities act] is the new sense of confidence and empowerment it has instilled within the disability community," said Justin Dart, chairman of the President's Committee on Employment of People with Disabilities, a small federal agency. “It's generated an enormous infusion of dignity and pride." Gregory Dougan, a District resident, said the renewed sense of hope is one reason he will take part in Sunday's march. Dougan, who was born with cerebral palsy and uses crutches, said he is fortunate to be able to live at home. But several of his friends live in institutions because they can't get the in-home care they need. And on Sunday, Dougan said, he will be thinking of them. "I'll be tired at the end of the day," he said, "but my crutches and me are going to that march." - ADAPT (779)
ADAPT MEETS WITH CLINTON Thirty national disability rights `groups`, among them ADAPT, met with President Clinton on Tuesday, July 27 to discuss Clinton's agenda on disability issues. Clinton and the disability `groups` agreed the three main issues at this point are ADA, Health Care and Personal Assistance Services. The President confirmed his strong commitment to enforcement of the ADA and opposition to weakening of the law, something that has been rumored to be in the wings. He also affirmed his commitment to including people with disabilities in health care reform. Mike Auberger, national organizer for ADAPT, presented the piece on personal assistance services. Auberger outlined the concern of ADAPT, and the disability community generally, with the current promotion of a states rights approach to community based services. Right now our nation warehouses over two and a half Million people with disabilities in nursing homes and other in stitutions at a national cost of approximately $140 Billion each year. Over half our states have chosen not to provide attendant services at any real level, while all have significant nursing home programs. A national attendant services program MUST: (1) be mandated, and (2) have minimum standards below which a state cannot fall. Challenging the President to stop the warehousing of people with disabilities in these institutions, Auberger said "you have the ability, and hopefully the desire. ADAPT challenges you to free people." Though the meeting was scheduled for 20 minutes, it went on for an hour. Clinton began the meeting with a relay call to Senator Harkin’s brother (who is deaf) in honor of Monday's deadline for a national relay service. As Auberger left the White House he thought of the irony that ten years ago he and other ADAPT members had lain in that very street (Pennsylvania Ave.) blocking buses with their bodies for the right to ride. Protests got ADAPT into this meeting and clearly protest will bring us victory. - Rotunda part 1
This is part 1 of the story of the ADAPT protest in the Capitol Rotunda to call for passage of the ADA with no weakening amendments. The ADA had become bogged down in the House and there was concern the bill would not pass. The day after the Wheels of Justice March and the Capitol Crawl, ADAPT took over the Rotunda of the United States Capitol building and over 100 people were arrested protesting for our civil rights. This is almost raw footage and gives a real sense of the event as it unfolded. Part 2 of this action is included in the next video Capitol Rotunda part 2. - Capitol Crawl
This video covers part of the Wheels of Justice rally and then the Capitol Crawl that took place on the west (Mall) side steps of the US Capitol March 12, 1990. This action, in which hundreds of people with disabilities took part, was done to push the Congress to move forward on the landmark civil rights bill, the Americans with Disabilities Act, ADA. The ADA had stalled in Congress and the disability community rose up to say enough is enough. It was part of a several day action by ADAPT to move Congress to act. It was also the culmination of a massive national grassroots effort by organizations and individuals from every state and territory in the nation to call for an end to discrimination based on disability. It symbolized the struggle people with disabilities faced in dealing with the society's discrimination, and the strength and perseverance of people with disabilities in facing these obstacles. - With Liberty & Access For All
This is a short demo film by Linda Litowsky that tells about ADAPT and our first campaign for lifts on buses and passage of the Americans with Disabilities Act. It was made to promote a longer film she made so it ends abruptly. However it is a good overview of early ADAPT and has been used in many organizer trainings and presentations. - ADAPT (618)
November 1992 Access USA News Page 5 Atlantis leads to ADAPT leads to independence Cathy Seabaugh, Staff Writer DENVER,CO-Their offices are relatively small compared to the massive projects the American Disabled for Attendant Programs Today organization tackles. An inconspicuous location in south central Denver serves as national headquarters for the 29 states who have ADAPT chapters. This Colorado town is a gold mine for members of the disabled community, not so much for its accessibility and attitudes, but for the brainstem which this office at 12 Broadway has become. ADAPT representatives throughout the United States act as nerve endings, sending vital messages to the Denver office so it can operate efficiently and effectively. Effectiveness: a term well defined by ADAPT members. ADAPT was conceived and delivered by staff and volunteers of Atlantis Community, founded in 1975 by former nursing home employee Wade Blank and Mike Auberger, a quadriplegic from a bobsledding accident in 1971. Atlantis emerged so that individuals, even those who are severely, multiply-disabled, have the option to live outside an institution. ln its first l5 years, Atlantis was able to successfully transition more than 400 disabled adults from “sheltered settings" to more independent living standards. As an admirable offspring of Atlantis, ADAPT set its own agenda in June 1983 and embarked on an action-packed mission to make public transportation accessible to everyone. American Disabled for Accessible Public Transit set out to train, develop and empower disabled activists so they could effectively battle for that accessibility. Eighteen members of the Atlantis community had taken the first strides toward accessible public transportation in Denver when they gathered on July 5&6, 1978, to block city buses at Broadway and Colfax across from the state capitol. ‘Then in 1982, after beating up the board enough," said Auberger, one of the 18, "they decided they'd buy all lift-equipped buses." Once ADAPT formed the next year, the foundation was in place. With Denver as a model, activists began chipping away at other cities’ granite-like, antiquated public transportation systems. "(Former President Jimmy) Carter appointed Brock Adams in 1976 and Adams set a federal mandate that all new buses bought with federal money had to have (wheelchair) lifts,” Auberger said. "Under the Reagan administration, APTA (American Public Transit Association) sued (to avoid the lift requirements) and won. "APTA was having its national convention in Denver in October 1983 and about 20 people from across the country showed up to join about 22 people from Denver. We sent notice to (APTA) that their convention would not go uninterrupted if they did not meet with us. They went to the mayor, but he said he wouldn't protect them unless they agreed to meet with us.” ADAPT met APTA there. They would meet many more times. "We decided wherever they had a convention, we would go,” Auberger said. "It moved us around to communities where they'd never been exposed to the issues. People all of a sudden became aware. "If we're talking about the issues, people are going to form an opinion. You polarize people. Whether they support you or not is not the point. If there's not an opinion there, you can't change it." The deep roots, pockets or whatever of APTA were a long-time barrier for ADAPT. But as the Americans with Disabilities Act cemented and included regulations for public transportation, APTA’s resistance to ADAPT's demands weakened until the federal govemment finally made ADA the law. With that priceless piece of legislation signed and inducted into the pages of history, ADAPT was ready for its next mission. "What we said at that point to members was to put out feelers in your communities,” Auberger said. "What we found was personal assistants was the biggest issue of concern.” Retaining the ADAPT acronym, the group devised new plans to force change in the long-term health care system of the United States. “At least 60 percent of ADAPT members have (resided) in nursing homes at one time or another,” Auberger said, "The other 40 percent have spent their lives trying to avoid going into one.” Although ADAPT and Atlantis are neither to lose its identity in the other, they are a family unit and work together toward change. Atlantis is a certified home health care agency, making 53,000 visits each year in Denver and Colorado Springs, serving approximately 85 clients. “That's 365 days a year, whether there's three feet of snow on the ground or it's 105 degrees," Auberger said. “We have a 24-hours-a-day emergency backup system that works probably 98 percent of the time." One Atlantis client is a C2 quadriplegic who is on a ventilator nonstop. Yet he is allowed to live in his own home with the help of Atlantis personal attendants. "That shows you our capabilities,” Auberger said. ”We can provide 24-hour care for about $7,500 a year. A nursing home would do it for $20,000.” ADAPT’s scrapbook for the past two years includes protests in almost countless cities throughout the country. Wherever Dr. Louis Sullivan, Secretary of the Department of Health and Human Services, made a speech or appearance, ADAPT added itself to the invitation list. The protests usually involved arrests, which is a proven effective tool for drawing media coverage. Radical activity, some say. "We really give the middle-of-the-road disabled community members the power to make change," Auberger said. "We make them look sane. “It's like in Illinois, Gov. Edgar didn't have a problem meeting with the straight group who went to Springfield because they were sane. lf he dealt with our radical group, he'd have to deal with all radical groups. We really give (middle-of-the-road community members) a platform." ADAPT picks on Sullivan because, they say, he can initiate change. They argue that Sullivan's signature is all that's necessary to require the states receiving Medicaid to provide personal assistants. Just more than half the states provide such funding and many; if not all, of those programs are underfunded, restricted and far short of meeting the demand. ADAPT seeks to convince Health and Human Services - Sullivan - to take one-third of the $15 billion Medicaid dollars and commit it to home-based, consumer-controlled services. "Every state that buys into Medicaid has to fund nursing homes,” Auberger said, explaining how the system currently works. Sixty-five percent of all money paid to nursing homes is Medicaid funds. "States have little play in what they can do with Medicaid.” Nursing homes use what's called a “cold bed rate" which refers to the empty beds in their institutions that are not producing income. Lobbyists for the nursing home industry are looking at these rates and profit margins, not at long-term care that allows individuals to retain their independence. "We’ve become a valuable commodity,” Auberger said. "It's a normal mindset to put someone in a nursing home. This is so ingrained in our society. There's currently no alternative, and most people aren't able to envision the type of care we're talking about." Auberger encourages every person he can to write letters to members of Congress, senators and other politicians who can have an impact on the future of people with disabilities. "When you do that, you raise a level of consciousness,” he said. "You don't have to mention (the numbers), just the concept. "The logic is the problem. When parents are doing (personal attendant care), for free, it doesn't have to be skilled. When Medicaid pays for that same care, a nurse has to do it.” Statistics provided by the American Health Care Association show the average lifespan on an individual in a nursing home is 21 months. "You can't convince me there's quality care in a nursing home," Auberger said. "We (at Atlantis) are non-medical personal attendants. When the staff goes into a home, the person in that home is the boss. We do things the way they want us to do them. "People don't have to give up their power to able-bodied people. But it's okay to share the power." Although many members of the disabled community have made endorsements this election year, ADAPT chooses to remain rather neutral - for a change. "Don't pick a side,” Auberger said. "As soon as you pick a side and that side loses, you now have an enemy on the other side. That's been real effective tor us. We'll rate candidates on disability issues, but we won't endorse anyone. "If there's a disability issue in Colorado, legislators call here, the media calls here. We're a powerful entity in this state. As hundreds of ADAPT activists confronted the annual conference of the nursing home industry in San Francisco October 19-21, the power of this entity spread toward the Pacific. Persons interested in more information about ADAPT can call Auberger or Wade Blank at (303) 733-9324 (voice and TDD). INSERT AT CENTER OF PAGE: Across the top in bold letters the word "ATLANTIS" and below that ADAPT's new Free Our People logo, the wheelchair access symbol with it's arms raised above its head breaking chains that are bound to it's wrists. Above this figure, in a semi-circular pattern the words "Free Our People" and below, also in a semi-circular pattern, "ADAPT" - ADAPT (611)
THE DENVER POST Saturday, September 9, 1989 [Headline] New disabled-rights bill will challenge society By Charles Green Knight-Ridder News Service WASHINGTON — When Congress banned discrimination against blacks 25 years ago, the premise of the legislation was straightforward: Blacks and other racial minorities were supposed to be treated like everyone else. Now, as Congress moves to prohibit bias against the physically and mentally disabled, it is finding that discrimination is not so easy to define. ls it discriminatory, for instance, for a department store to stock merchandise that is out of reach of a customer in a wheelchair? Is it discriminatory for an employer to reject blind job applicants who would need someone to occasionally read memos and papers to them? Is it discriminatory for a child-care center to refuse to hire someone infected with the AIDS virus? Those are some of the questions that government regulators and the courts are likely to be addressing once the Americans with Disabilities Act, which passed the Senate Thursday night, becomes law. “In terms of its impact on American society, this is going to bring an equal if not greater change to society than the Civil Rights Act of 1964,” predicted the bill’s chief Senate sponsor, Democrat Tom Harkin of Iowa. But reconciling the sweeping promises of the new legislation with the economic realities of modern American life won't be easy. “I’m not sure we're not going to be revisiting this legislation" after its effects are better known, predicted Sen. Dale Bumpers, D-Ark., chairman of the Senate Small Business Committee. The legislation still must clear the House and be signed by President Bush, but few obstacles are expected. Bush has already endorsed the measure and House sponsors predict swift consideration, starting with hearings next week. The bill holds both enormous promise for the estimated 43 million disabled Americans and countless questions for the employers, business establishments and transit operators that would have to comply with it. The bill’s promise stems from its rationale: that disabled Americans can participate more fully in society if barriers to their participation are removed. “It will be the legal and philosophical foundation on which to build a truly equal opportunity society," said Justin Dart, chairman of the President's Committee on Employment of People with Disabilities. “Equal opportunity for the disabled is wonderful. Nobody is going to argue with that, but the practical realities are that there will be large costs associated with that,” said Nancy Fulco, an attorney with the Chamber of Commerce of the United States. And, as Fulco noted, Congress wants businesses to pick up the costs. Thus far, it has included no financial assistance or tax breaks to help firms comply with the expense of complying with the disabilities bill. The bill requires employers to make workplace changes to accommodate disabled employees unless they would cause an “undue hardship." But the determination of “hardship” is left for regulators and the courts to decide. Likewise, businesses must be made accessible to disabled customers so long as the alterations are “readily achievable,” another standard that will be left for regulators and courts to determine. The changes won't be required at once. Many provisions will not take effect for two years after enactment. Even so, it could take years for businesses to sort out what’s required and for the disabled to begin feeling the impact of the law. “There's no doubt in my mind that the first time some businesses find out about this is when they‘re slapped with a lawsuit," said Fulco. "Small businesses will have to hire an attorney to tell them what they should be doing or not doing.“ - ADAPT (610)
Rocky Mountain News 9/8/89 [Headline] Senate OKs disabled-rights bill [Subheading] Access to jobs, transit, eateries guaranteed for AIDS victims, too WASHINGTON (AP) — The Senate voted 76-8 last night to approve legislation to guarantee 43 million disabled Americans — including most AIDS victims —- rights to employment, transportation and the use of restaurants and other businesses. Lawmakers debated the bill with sign-language interpreters allowed on the Senate floor for the first time in the institution’s history to make the proceedings available to deaf audiences watching in the galleries and on television. Supporters likened the Americans With Disabilities Act to the Civil Rights Act 25 years ago that guaranteed blacks and other minorities their right to participate fully in American society. The act is “a 20th century Emancipation Proclamation for people with disabilities,” said Sen. Tom Harkin, D-Iowa, the bill's chief sponsor. Fifty-nine senators of both parties added their names to the legislation. An amendment made Congress subject to the law. “The Americans with Disabilities Act is a landmark statement of basic human rights that will make the promise of equal opportunity a reality. for 43 million Americans with disabilities,” said Harkin. Sen. Jesse Helms, R-N.C., had challenged a definition of disabled that includes people with the AIDS virus, saying 85% are homosexuals or drug users. “This bill responds to those 15% who are not," said Harkin, who also quoted the health and human services Secretary, Dr. Louis Sullivan, as saying there is no medical reason for discrimination against AIDS sufferers. The legislation prohibits employment discrimination by businesses with 15 or more employees, although the limit would be 25 employees for the first two years. All privately owned stores, restaurants and other businesses would be prohibited from discrimination. All new buses would have to be made accessible. Area lawmakers voting against the measure were William Armstrong, R-Colo., Malcolm Wallop, R-Wyo., and Jake Garn, R-Utah. - ADAPT (603)
Weekly Reader Edition 4 Volume 71, Issue 7, October 27, 1989 PHOTO (-(c) 1988. Paralyzed Veterans of America, by permission of Paraplegia News): A metrobus (city bus) is stopped at a bus stop. A man in a wheelchair is sitting on the lift that comes out from the front door of the bus. He's wearing a sports coat, tie and has a neat beard and laptray with something like a brief case or computer resting on the lap board on his chair. He is up at the level of the floor of the bus and he is talking with 2 women in business attire who are standing on the sidewalk at the bus stop. There is an tall, modern office building across the street behind the bus. Caption reads: Buses with special lifts help disabled people in wheelchairs travel around. [Headline] New Law for Americans with Disabilities Can a deaf person use a public telephone? Can a person in a wheelchair work on the top floor of a tall building? Can a mentally retarded person work and earn money? The answer to all of these questions is yes—if they receive special help. A new law in the U.S. may provide that special help for millions of disabled Americans. The law is called the Americans with Disabilities Act. The law says that Americans who are disabled have the same rights as Americans who aren't disabled. The law may help change and im- ... (Continued on page 2) INSERT: Vocabulary Box disabled—not able to do something right—something to which a person has a claim - ADAPT (601)
THE DENVER POST / NATIONAL Friday: September 9, 1989 [Headline] Senate approves bill to guarantee rights of disabled By Knight-Rldder News Service WASHINGTON — An estimated 43 million America with disabilities won a major victory last night as the Senate approved a landmark bill aimed at moving them into the nation’s social and economic mainstream. The Senate, on a 76-to-8 vote, passed legislation that would extend for the first time sweeping civil rights protections to persons with hearing impairments, epilepsy, AIDS and dozens of other physical and mental disabilities. The measure, which now goes to the House for expected approval, would ban discrimination in the hiring of the disabled; require businesses, shops and transit systems to make their facilities more accessible to the wheelchair-bound; and force telephone companies to provide special operators for the deaf. The bill was endorsed last month by President Bush, and administration lobbyists joined advocates for the disabled yesterday in opposing efforts to modify the legislation to meet business objections that it will be too costly to small firms. Business leaders warned that the measure could put some employers out of business if.they were required to make expensive structural changes in their buildings to accommodate disabled customers and workers. Critics also said the compliance provisions of the bill were vague and would result in years of litigation in federal courts over what constituted discrimination against the disabled. Major provisions of the Americans with Disabilities Act would: * Prohibit employers from discriminating against qualified job applicants with disabilities. Changes to accommodate the disabled in the workplace would be required unless they would cause an “undue hardship," a term critics say is too vague. * Require new business establishments to be accessible to the disabled and require existing establishments be made accessible if the alterations are “readily achievable." * Require new buses and trains to be equipped with wheelchair lifts. * Require telephone companies to provide operators who could relay messages from the deaf to hearing individuals. Deaf persons can communicate with each other by telephone now by using Telecommunications Devices for the Deaf (TDDs), but can't communicate with people who don't have the TDDs. “We’re not asking for special treatment," said Pat Wright, government affairs director of the Disability Rights Education and Defense Fund Inc. “Whether it’s putting a ramp in or providing a reasonable accommodation in employment, it makes you equal, not special." The bill, as originally written, would have exempted Congress from its provisions — but that exemption was deleted during debate. And in another concession to the intense interest of the disabled in the measure, the Senate for the first time allowed an interpreter using sign language to translate the televised proceedings of the floor debate so that the deaf and hearing impaired could follow the action. Extending civil rights protections to people with AIDS or the AIDS virus had been recommended by a Reagan administration commission on AIDS, but was opposed by President Reagan himself. Bush, however, has supported the protection. The bill bars employment discrimination against persons with AIDS but does permit employers to deny jobs if the employee poses a significant risk of transmitting the infection to others. However, homosexuals are not covered by the legislation. They can still be discriminated against solely on the basis of their sexuality. After an inquiry by Sen. Jesse Helms, R-N.C., sponsors agreed to delete transvestites from nation protections. Helms also raised questions about providing protection to schizophrenics, manic-depressives and psychotics, but their status remained intact in the measure. - ADAPT (595)
US NEWS AND WORLD REPORT Sept. 18, 1989 [This story appears in ADAPT 595, 590 and 602. It is included in its entirety here for ease of reading.] [Headline] Liberation day for the disabled by Joseph P. Shapiro Forty-three million will soon win basic civil-rights protections. Their growing movement has brushed aside the opposition and is changing America The day before the Senate passed historic legislation to protect the civil rights of disabled people, Mary Jane Owen got another rude reminder of the daily discrimination that faces people like her. Owen, a writer who is blind and uses a wheelchair, was lobbying senators for the disability-rights bill. But when she moved onto Constitution Avenue to go home, a taxi driver at curbside sped away rather than pick up a woman in a wheelchair. It is similar acts, repeated hundreds of thousands of times a day to the nation's 43 million disabled, that fueled an angry political movement that has brought the nation to a path-breaking moment. In a few weeks President Bush is expected to sign the Americans with Disabilities Act, a broad statement that will extend to the disabled the same protections against discrimination that were given to blacks and women in the 1960s and 1970s. The Senate passed the measure 76 to 8 last week, and the House is likely to approve it next month. The bill is a profound rethinking of how this country views disabled people, defined as anyone with a physical or mental impairment that "substantially limits" everyday living. For the first time, America is saying the biggest problem facing disabled people is not their own blindness, deafness or other physical condition but discrimination. The bill, says Senate sponsor Tom Harkin (D-Iowa), is "an emancipation proclamation for people with handicaps" that will fundamentally change their lives, getting more of them out of their homes and institutions and into full participation in society. Under the new law, restaurants, stores, hotels and theaters can no longer turn away a person with cerebral palsy, epilepsy, AIDS or any other disability. Employers would be prohibited from rejecting qualified workers just because they are disabled, and they would be required to fashion generally inexpensive modifications to the workplace to make it accessible to the disabled, such as putting a desk on blocks to raise it for a wheelchair user. It would also require that new buses be equipped with lifts so that wheelchair users could get on public transit. New buildings, or those undergoing major reconstruction, would have to be made accessible to disabled people, with elevators installed in shopping malls and new structures higher than two stories. Telephone companies would have to hire operators who could take a message typed by a deaf person on a Telecommunications Device for the Deaf (TDD) and then relay it orally to a hearing person on another phone. [Subheading] Cost of Access. Businesses, particularly small ones, are wary of the changes. John Sloan, president of the National Federation of Independent Business, complained that the bill will impose costly requirements on businesses" and is "so broadly written" that it is unclear how far, and to what expense, a business will have to go to avoid being open to a lawsuit. Sponsors of the bill said estimates that its implementation might cost billions of dollars were wildly exaggerated. Past experience shows they may be correct. When Congress in 1973 protected disabled people from discrimination by institutions that receive federal funding, North Carolina education officials estimated it would cost them $15 billion to make state university buildings accessible, says architect Ronald Mace of Barrier Free Environments. Instead, many changes were simple and cheap. To accommodate students in wheelchairs, classes were moved to ground floors rather than installing elevators to carry them to top floors. The cost so far has totaled $l5 million, says Mace. Similarly, a 1982 study for the Labor Department found that half the accommodations made in the workplace cost little or nothing. For example, it was easy for companies to change a wheelchair user's work hours to conform with the schedule of lift-equipped buses. Another 30 percent of the accommodations were achieved for between $100 and $500. That included such changes as giving a telephone head-set to a quadriplegic telephone operator. Despite the concerns of business groups, their opposition to a bill that would open them up to a new spate of lawsuits was surprisingly muted and not nearly as vociferous as their fight against the 1964 Civil Rights Act. For one thing, no one wanted to look like a bigot fighting a civil-rights bill, particularly one that was rushing through Congress. More important, businesses in the last few years have seen disabled people as a new source of labor and customers. “If they can get to the stores, business is going to increase" says the U.S. Chamber of Commerce‘s Nancy Fulco, who nonetheless lobbied to limit the rights bill's impact on business. [Subheading] Hidden Army. The mixed feelings of business groups underscored how disability rights is a civil-rights movement different from any other. Unlike the black and women's movements, disability-rights groups have never filled the streets with hundreds of thousands of marchers. Instead, the disability movement boasts “a hidden army,“ says former Representative Tony Coelho, who has epilepsy. Since a fifth of the nation's population has some form of disability, ranging from mental retardation to severe arthritis, Coelho argues, “disability impacts practically every family.“ Nowhere was that clearer than in Congress and the White House. where key supporters of the rights bill felt a particular need to win the bill‘s passage because they personally know about disabilities. Most important was President Bush, who has two sons with disabilities. Bush's strong statements in support of the bill during the 1988 campaign won him important support in the usually Democratic disability community. Nevertheless, the rights bill was in trouble until mid-June because of business fears about its cost. Then, on the day he left Congress, Coelho called Bush to ask him to renew his commitment to the bill. Within a few weeks, White House Chief of Staff John Sununu convened a strategy session with key senators to negotiate a compromise. That was easy to achieve once sponsors agreed to the White House request they drop the provision that would have allowed the disabled to sue for punitive damages if they were discriminated against. a provision that was the most opposed by business lobbies. From that moment, the compromise bill has been on a fast track. The success of the disability movement is extraordinary because it sprang up with little noise and little notice. One essential ingredient has been the growth of a new class consciousness among the disabled. Seventy-four percent of them feel they share a “common identity” with other disabled people, and 45 percent argue that they are “a minority in the same sense as are blacks and Hispanics,” according to a 1985 poll by Louis Harris & Associates. “All disabled people share one common experience—discrimination,” says Pat Wright of the Disability Rights, Education and Defense Fund. Often it is crude bigotry. In January, an airline employee in New York who resented having to help a 66-year-old double amputee board a plane instead threw him on a baggage dolly. A New Jersey private-zoo owner a few summers ago refused to admit children with Down syndrome to the monkey house because, he claimed, they upset his chimpanzees. It is that kind of outrage and countless more subtle discriminations that fueled the movement that now wants to change the image of the disabled. Many now reject the traditional attitudes of society that suggested their lives were tragic and pitiful. Many now loathe charitable appeals such as the annual Jerry Lewis Telethon that raised $42 million for the Muscular Dystrophy Association over Labor Day weekend. Such extravaganzas seek funds by emphasizing the most desperate cases. That kind of approach, activists say, suggests that disabled people are to be cared for and cannot be contributing members of society. “We don’t want to be dependent any more,” says Lex Friedan of the Institute for Rehabilitation and Research Foundation in Houston, who is a quadriplegic wheelchair user, the result of an automobile accident. “We want to be part of society in every way.” Such new attitudes reflect fundamental changes in the lives of disabled people. Since 1975, when federal law first ensured all disabled children access to schools, hundreds of thousands of disabled students have gotten a better education alongside nondisabled peers. Many grew frustrated after college, when they found there were few such protections to help once they tried to find jobs. A recent Census Bureau study concluded that the gap between the earnings of disabled and their nondisabled co-workers is growing. A disabled worker in 1987 made only 64 percent of what his nondisabled colleagues earned. In 1980, it was 77 percent. The 1985 Harris survey found that 70 percent of working-age disabled people were unemployed. Of those, two thirds said they wanted to work but were prevented from doing so because, among other reasons, they faced discrimination in hiring or lacked transportation. Those who do not work now collect federal disability and welfare checks, costing nearly $60 billion a year. “It doesn’t make sense to maintain people in a dependency state when those people want to be productive, tax-paying citizens,” argues Jay Rochlin of the President’s Committee on Employment of People with Disabilities. Although no one knows precisely how many millions of dollars could be saved by bringing the disabled fully into the work force, Sylvia Piper, an Ankeny, Iowa, mother, says she saved taxpayers $4.8 million by ignoring physicians who urged her to institutionalize her retarded son, Dan, when he was born. Instead, she kept him at home and sent him to public school with non-disabled children, the kind of role models who inspired him to get a job this summer. Dan, now 18, saved $800 from his pay as a drugstore stockroom worker. His first purchase was a gray bedroom rug, upon which he slept the night it arrived. The next morning he was ready for work early and announced, “I've got to work harder and make more money." Once again, says his delighted mother, Dan grew when faced with a challenge. The nation’s changing demographics have added to the urgency of meeting the needs of the disabled. By 1990, there will be 6.2 million elderly Americans with one or more basic disabilities, up from almost 5 million in 1984, according to estimates by the Urban Institute, a research organization. And the explosive growth of the number of those with AIDS and HIV infection has already added hundreds of thousands more disabled to the population. That is why AIDS-policy advocates teamed up with disability groups to make sure civil-rights guarantees under the bill also applied to those with AIDS. People with AIDS had won federal court rulings protecting them under existing disability-rights laws, which apply only to federally funded programs. The new bill will expand that protection to the private sector, so that people with AIDS and HIV infection cannot be fired from jobs or denied service in restaurants. [Subheading] Galvanizing Issue. Along with being better educated and more independent, the new generation of disabled people has become more politically sophisticated. Some 200 independent-living centers, which have sprung up since the 1970s to provide a mix of counseling and support services to severely disabled people, became bases of advocacy. One galvanizing issue came in the early 19805, when a Reagan administration anti-regulation effort tried to eliminate key federal protections that prohibit discrimination by any program or contractor receiving federal funds. Negotiating sessions over the regulation first brought then Vice President Bush face-to-face with Evan Kemp, who headed Ralph Nader’s Disability Rights Center. The regulation was never changed, in part because of Kemp’s advocacy and growing friendship with Bush. Last week, the President named Kemp, a member of the Equal Employment Opportunity Commission since 1987, to chair the civil-rights agency, which will handle job-discrimination cases brought under the new law. The disability-rights movement is distinctive, too, because it has never had a Martin Luther King or a Betty Friedan to lead it. Part of the reason is that there are hundreds of different disabilities. Nonetheless, disabled people, such as student protesters who last year gave Gallaudet University its first deaf president, I. King Jordan, are now adopting on a small scale the protest tactics of the civil-rights movement. Thirty members of American Disabled for Accessible Public Transportation, which uses tactics of civil disobedience, on Labor Day backed their wheelchairs against buses at the Los Angeles Greyhound terminal and disrupted busy holiday traffic in a protest for wheelchair lifts on buses. As the historic legislation was being debated, there was a curious twist. Watching with interest was a paraplegic visitor from Moscow, Ilya Zaslavski. He made history earlier this year when he won election to the new Soviet national legislature, the first person anywhere in the world to run as a disability candidate. Zaslavski watched the work of Congress and announced plans to introduce SDA—-a Soviets with Disabilities Act. INSERTED TEXT BOX: THE COST FACTOR Businesses are concerned about the costs imposed by the civil-rights bill: BUILDINGS: The cost of making accessible new buildings and those existing structures that are undergoing major renovations runs between 0 and 1 percent of building costs. TRANSIT: Changes required of bus and transit systems to help the disabled over the next 20 years might cost several hundred million dollars. PHONES: It will cost $250 million to $300 million a year to hire operators to work relay systems so deaf people can communicate with those who can hear, according to federal and AT&T estimates. INSERT: PHOTO (Roberta Barnes -- San Antonio Light): A line of people in wheelchairs diagonally crosses the picture. In the front Lonnie Smith Archuleta with his buff physique, in a T-Shirt with a medal-like imprint on the front, wheels his sports chair. Behind him a slight woman (Diane Coleman) with very thin arms and leg braces on her extended legs, rolls her power chair with a flag attached. She wears a straw hat, red ADAPT no steps T-shirt and long red skirt, across which she wears a sign reading "Gentler -n- kinder nation??" Behind her another woman in a power wheelchair (Linda Johnstone) wears a different red ADAPT T-shirt and a sign across her knees reads "We Need a Ride To Work." Behind her is another large woman in a wheelchair (Mary Kay Sanders) in dark sunglasses and a white dress; she carries a white parasol and appears to be chanting. Over the top of the parasol another sign (held by someone walking but obscured from view) written in calligraphy can be seen: "Access is a Civil Right." The line bends back and around out of view. Caption reads: Countless Frustrations. Angry protesters in San Antonio wheel through the streets to protest the lack of accessible public transportation. - ADAPT (585)
Handicapped Coloradan [Headline] These are the people who chased APTA George Florum, 47, of Colorado Springs, is a T3 para who fell out of a cherrypicker. He went to work for Atlantis and became involved with ADAPT in April of 1985. Florum has been arrested between 15 and 20 times on charges ranging from instigating a riot, blocking entrances, and chaining himself to doors and buses. "I think the disability movement has really grown," Florum said, "In April of '85 in San Antonio 15 people were willing to be arrested. Now people are standing up for their rights, and I think it's great." Joe Carle, 51, of Dallas, is a single amputee with artery problems. "I was the first to go through the training seminar," Carle said. "The second big seminar was to take on McDonald’s. Now, transportation is fairly won, but access will be a continuing battle. The disability movement can go anywhere." Rick James, 39, had encephalitis when he was two years old. Five years ago he was one of 20 people who did a "crawl on" on a bus, and three weeks later he was part of a group that got together and blocked a bus. “We will get ADA passed," James said, "and then take on any issues we feel necessary, such as health care, attendant care, the Greyhound company, housing - any of a number of issues." Cathy Thomas, 60, of Irving, Tex., has spina bifida and became involved with ADAPT - when a disability group she belonged to that was trying to get accessible transportation in Dallas asked ADAPT for help. She says, “At this point rights for disabled people are inevitable, We want to get as many buses accessible as possible. If President Bush is sincere in wanting to mainstream people with disabilities, then it's time he took the first step in getting us accessible transportation so we, too, can pursue the American dream." Rhonda Lester of Denver is the mother of Kenny Perkins, 5, who was refused access to an RTD bus in October 1987. “They viewed Kenny as a baby because of his chair," Lester said. “They wanted to board him separately from his chair-in other words, he was to be carried on. So I called Wade Blank on a Thursday and on Friday help came. Larry, George, Ken, ET and Julie blocked a bus. They let us on, we changed the policy, and I was allowed to attend a training meeting." When asked if there has been a lot of resistance to Kenny, Lester said, "Oh, yeah. People see one of ‘Jerry's Kids,' not the wheelchair I hope our actions and civil disobedience help to get full integration for my son." As to the controversial issue of children in the disability rights movement, Lester said, "As the mother of a disabled son, I feel that no one has a bigger right than myself to fight for my son's rights, although there are some who would disagree very strongly with this view. "Children need to be in the movement because it is for the children . . .the ultimate goal.” THANK YOU, ADAPT A poem by Rhonda Lester There is a little boy Very close to my heart Who is a bit different But handsome and smart. Strangers who meet him Can't get past the chair, But he goes on bravely, Not seeming to care. He's strong and he's tough- He almost has to be- But he is one of the warriors Who wants to be free. We are always standing by you, For our fight is real. We wanted you to know How grateful we feel. So thank you all clearly For all that you've done For the movement, myself, And my son. All photos in this issue by Bob Conrad. PHOTO: of George Florum looking to the side in an "ADAPT or perish" t-shirt. His dark hair is short and a trim beard and mustache outline his mouth and jaw. He looks fit and determined. PHOTO: George Cooper, an older man in a wheelchair blocks a doorway partially with another person in a manual wheelchair. Walking bureaucrats, some with badges stand behind them looking as though they want to get through. George is speaking with a woman who is looking down toward the floor. Caption: George Cooper of Dallas occupies the Federal Building. PHOTO: A small person in a manual wheelchair being pushed by a woman behind, sits at one end of some police barricades while a man in a manual chair sits at the other end. Behind the barricades a ways off is a line of police standing together. Caption: At the barricades. PHOTO: A group of people in wheelchairs is gathered at one side of the picture, a woman in a wheelchair at the back of the group holds high the ADAPT flag. Beneath it you can see Lincoln Blank and a few other protesters are clustered on the other side. The group seems to be at the entrance of a hotel type building. Caption: A large flag is unfurled. - ADAPT (570)
Rocky Mountain News - Fri., July 27, 1990 Mayor vows action on accessibility law Pena says city will help businesses comply By Ann Carnahan, Rocky Mountain News Staff Writer Denver Mayor Federico Pena promised yesterday to help business owners comply with new legislation requiring them to make offices and stores accessible to the disabled. Facing a roomful of people in wheelchairs, the mayor said he would review the city's permitting system to eliminate “unnecessary obstacles” that owners could face in making modifications. “We don't want to be a stumbling block,” Pena said. “We are evaluating the full range of options available . . . everything from making adjustments to fees to making adjustments to other criteria we have.” A recent University of West Virginia study showed that the average job accommodation cost is less than $500, officials said at the press conference. President Bush yesterday signed into law a measure barring discrimination against 43 million Americans who are disabled or have AIDS. Within two, years, businesses must be made accessible to disabled workers and customers. Public accommodations must comply within 18 months. “There are going to be some in the private sector who will argue that this costs too much, that this is an unfair burden," Pena said. “I say we are losing money because we have . . . Americans who cannot participate fully in the economic life-stream of this country because our buildings are not accessible." Denver has a reputation among the handicapped of being one of the most accessible cities in the country, said Laura Hershey, director of the Denver Commission for People with Disabilities. Prior to yesterday, modification requirements applied only to federal programs, Hershey said. But in Denver, all public buildings constructed since 1983 must be accessible to the handicapped. High spirits marked the press conference yesterday in Pena’s office as the mayor congratulated the disabled who have lobbied many years for this legislation. “This is freedom. It's acceptibility,” said Sueann Hughes, who has multiple sclerosis. “For the first time in a long time, we don't have to worry about being discriminated against." Pena also outlined several other steps the city is taking to help the disabled: * Co-sponsoring - a conference on April 30, 1991, that will address the new law's impact on Colorado. * Examining the city's employment system to determine whether there are ways to recruit and hire more people with disabilities. * Stepping up the city's curb ramp construction program with increased funds under the bond issue projects.