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- ADAPT (88)
Rocky Mountain News 7/6/78 [This story continues in ADAPT 91 but the entire text is included here for easier reading.] NEWS Photo by Dick Davis: A city bus is parked at an angle to the street across 2 or 3 lanes. In front, a small woman in a power chair and dark sunglasses, sits holding a very large sign that reads "Taxation without Transportation" and has a wheelchair symbol of access. Two other people in wheelchairs are backed up to the side of the bus and a small group of other people in wheelchairs are in the street by the blockers. Mel Conrardy is in the wheelchair closest to the camera. Caption reads: A group of handicapped persons "seized" two RTD buses Wednesday, protesting what they called the firm's insensitivity to handicapped. [Headline] Buses seized, police decline to make arrests [Subheading] DISABLED SNARL TRAFFIC IN PROTEST By GARY DELSOHN News Staff Protesting what they said was the Regional Transportation District's insensitivity to Denver's handicapped, about 25 disabled persons "seized" two buses during Wednesday morning's downtown rush hour, snarling traffic and daring police to make arrests. While supporters helped them board two eastbound buses on Colfax Avenue at Broadway, several persons in wheelchairs surrounded the crowded vehicles. Early morning commuters had to walk two blocks to catch other buses while RTD drivers radioed their headquarters for assistance. Shortly after the 8:30 takeover, police arrived, admitting they weren't sure what to do. As commanders came to assist, police decided not to arrest any handicapped protesters because, as one sergeant said, “We don't want to be the fall guys on this.“ Police said they didn't want to risk injuring any of the severely disabled persons by loading them into police vans, nor did they wish to be pictured in television newscasts or newspapers arresting persons in wheelchairs. TWO PERSONS WERE arrested for refusing to obey police orders, but they were local counselors - not in wheelchairs - who work with many of Denver's approximately 8,000 handicapped. John Simpson, RTD executive director, arrived at the scene about 10 a.m. and talked with the demonstrators, asking them to leave the street and explain their grievances away from traffic. The protesters refused to move, saying Simpson and RTD have been meeting with the handicapped for years and done little to solve their transportation problems. "Handicapped people have a right to ride the bus just like everyone else," said Lin Chism, a disabled University of Colorado at Denver student studying rehabilitation counseling. “Today is the first of many times we will have to do this to get RTD to come to some agreement with us.“ Calling themselves the Colorado Coalition of Disabled Citizens, the protesters, organized and led by Denver's privately owned Atlantis Community for the handicapped, said the demonstration was a response to last week's federal court ruling that RTD was not violating the constitutional rights of the city's handicapped by not providing them access to RTD buses. ATLANTIS AND OTHER groups representing the handicapped and elderly last year sued RTD to require installation on all new buses of devices providing access to persons in wheelchairs. Wade Blank, director of Atlantis, which helps handicapped persons adjust to non-institutional life, said demonstrators hoped to get the attention of U.S. District Court Judge Richard P. Matsch, who made last week's ruling, and "others in the judicial system so they know what we‘re up against. “Like Martin Luther King. we have tried to go through the system," Blank said. "Now, like Dr. King, we must practice civil disobedience until the judges change their minds or Congress makes new laws." A clerk for Judge Matsch said, “The judge does not respond to reporters‘ questions and makes no comment on a ruling he has made." Blank said Atlantis lawyers will appeal Matsch's decision. He said the group also plans additional disruptive protests. “These people have no place else to go," he said, adding that they would not even be able to attend meetings on the subject proposed by Simpson because they could not find transportation. Simpson, talking with protesters, police and reporters throughout the morning, said RTD is trying to help disabled persons get around town and is one of the most progressive agencies in the nation in that area. RTD HAS I2 BUSES equipped with hydraulic lifts and locking safety clamps for persons in wheelchairs. Simpson said. Transporting several hundred persons to and from work and school daily, the "special service", buses appear to be the best way to move handicapped persons, he said. Equipping other buses with elevator lifts wouldn't be feasible, according to Simpson, because many handicapped persons can't get to bus stops located throughout town. Simpson pleaded with the demonstrators to move and let the two stalled buses continue down Colfax Avenue, even ordering one of the special buses into the area to handle the crowd. He also took reporters through the bus, demonstrating its features. But the protesters refused to move, saying their problem wasn't one of immediate transportation but rather a long-term dilemma exacerbated by the fact that only nine of the 12 special buses are in use. The other three, they said, are in storage at RTD garages. Simpson said RTD will have another 28 buses designed to carry handicapped persons in operation by September but their use has been delayed by mechanical problems. POLICE COMMANDERS repeatedly tried to mediate an immediate solution to the the traffic jam created by the protesters, but demonstrators said they would not leave unless Simpson gave them a written promise that all RTD buses would be made accessible to the handicapped. Simpson, declining this offer, said he would meet "with anyone, any time" on the issue. "We have been sensitive," Simpson said. "But some of these problems Congress will have to address." Demonstrators also expressed concern that the waiting list to get on the special buses is 1,000 persons long and the only alternative for persons without friends or relatives to drive them around is a private cab service that charges about $16 per round trip. Many city and state officials were on the scene, watching and talking to police and demonstrators. Mary Krane, a supervisor in the city's social services department, said she quit RTD advisory committee on the handicapped and elderly last year in frustration. "I resigned because it was so hard to get anything done, " she said. "We messed around with a few things but nothing really happened. No one has been willing to make the capital investment necessary to make buses accessible to the handicapped." JEROME SPRIGS, A member of the Governor's Council on the Handicapped, said disabled persons "know they're getting the run-around from the RTD because many of these special buses are being used in rural areas." Lisa Wheeler, 20, an Atlantis counselor, and Bill Roem, who runs a Lakewood home for the physically handicapped, were arrested about 11 am after they ignored a police order to leave the street. "Police are doing their jobs, " Roem said from inside a squad car. "But there has to be some awareness of the problem." Ms. Wheeler and Roem were book at police headquarters and released on $100 bond. Police blocked traffic on Colfax Avenue from Delaware on the west to Lincoln on the east. Traffic during the evening rush hour didn't seem to move any slower than usual, as protesters said they probably would continue their vigil throughout the night. - ADAPT (617)
Atlanta Journal Constitution Disabled end protest siege at Morehouse By Ben Smith III, Staff writer (This story continues on ADAPT 630 but the entire text is included here for ease of reading.) PHOTO (by Dianne Laakso/Staff): A medium close up of a glass doorway framed in metal. Slightly opened you can see through the opening and the glass a woman (Julie Nolan) in a manual wheelchair seated and blocking the door. She is looking out a far away look in her eye and one arm rests on the inside push handle of the door, while her other strong hand is spread on her leg. She is wearing a teal T-shit and jeans. The writing in her T-shirt is partially obscured by folds and by the door frame but you can make out what appears to be "EQUAL ACCESS NOW" and around these words what appears to be a circle saying "Cape Organization for [Rights of the Disabled]. Disabled activists ended their occupation of a Morehouse College administration building today, leaving with what they said was a statement from the college saying it sympathized with the group’s concerns. About 50 members of ADAPT, or American Disabled for Attendant Programs Today, left the building carrying a statement written on Morehouse President Leroy Keith's stationery. But the statement was not signed or read by any college official, and college officials refused to comment or come out of the building. Meanwhile, another group of disabled activists continued their protest against the nursing home industry and the federal government’s policies on the disabled by barricading the Georgia Health Care Association’s (GHCA) office in Decatur. More than 75 protesters in wheelchairs blocked the entrances and driveways of the GHCA’s headquarters on Memorial Drive early this afternoon, trapping six people in the office. The protesters delivered their demands to GHCA executive vice president Fred Watson, who refused to honor them. The protesters were demanding that Mr. Watson fax a list of their demands to the American Health Care Association, with which the Georgia organization is affiliated. The demands included redirection of federal and state money away from nursing homes to home care. Mr. Watson said, “I’ll send a letter, but not right now.” DeKalb County police who arrived at the scene said they have no plans to arrest the demonstrators. “That’s the last thing we want to do," said Lt. J.W. Austin. “We’re stuck between a rock and a hard place." The disabled activists had occupied the Morehouse College administration building for a day and a half. About 200 demonstrators had taken over Gloster Hall on the Morehouse campus in southwest Atlanta and barricaded the president's office Monday. David Veatch, 24, a Utica, N.Y., member of ADAPT, said, “We are going to let them know that the nursing home lobby needs to reform. We're talking to our captors about our rights.” Earlier, ADAPT members said they wanted Dr. Keith to write a letter to Health and Human Services Secretary Louis Sullivan, asking him to support the organization's position and meet with group members sometime in the near future. But Dr. Keith said he would not write or sign such a letter. “We have no business intervening in this situation where we have no authority," he said. ADAPT wants the federal government to redirect 25 percent of the Medicaid budget from nursing homes to home care. Mr. Veatch estimated the total federal budget for the disabled at more than $17.5 billion. Protesters argue that shifting federal funds to home care for the disabled is more humane and more cost-efficient. Michael Auberger, an ADAPT co-founder, estimated that 250,000 disabled people are being held in nursing homes against their will.” He said that redirecting funds to home care could aid an additional 150,000 disabled people. Mr. Veatch said it costs $30,000 a year to house a disabled person in a nursing home and only $6,000 to $8,000 to care for them at home. “But handicapped continue to be housed in nursing homes," Mr. Veatch said, because we don’t have to deal with the fact that we don’t have accessible communities or accessible buses if we lock them up.” “The ghetto in Soweto is no different than a nursing home,” Mr. Auberger said. You’re locked in there. You don’t have the freedom to leave. You don’t have a choice of what you eat, what time you go to bed or what time you get up. Your freedoms are so restricted that you’re better off being in the Fulton County Jail.” Group members were angry at Dr. Sullivan for not responding to their invitation to meet with them although he spoke at an AIDS symposium in Atlanta last week. “Morehouse Medical College invited him to speak. He came. This group invited him to speak on an issue as serious as AIDS. He chose to ignore the issue," Mr. Auberger said. The protesters said they chose to come to Georgia, in part, because the state is one of the worst at caring for the disabled. Mark Johnson of Alpharetta a spokesman for the Georgia branch of ADAPT, said the state offers no state-funded care for disabled people outside of nursing homes and no matching supplements for federal disability benefits. Most states offer such assistance, Mr. Johnson added. Protesters also complained that residential care facilities can be opened in Georgia with nothing more than a a business license. Staff writer Lyle Harris and The Associated Press contributed to this report. PHOTO, by Johnny Crawford/Staff: A line of people in wheelchairs and dark ADAPT "no steps" T-Shirts head toward the camera, traveling along the side of a road. Beside them are parked cars and onlookers. In the front is Lee Jackson in a white ADAPT sweatshirt; he is being pushed by Babs Johnson. Behind them is Mike Auberger, with his leg extended out in front of him. Behind him is Clayton Jones, and next is Frank McComb being pushed by Lori Eastwood, and behind them faces become blurrier, but you can see Arthur Campbell. Caption reads: More than 150 advocates for the handicapped move down Westview Drive at Morehouse College. At the front of the line is Lee Jackson. - ADAPT (596)
Page 8-A EXPRESS-NEWS, San Antonio, Texas, Tuesday, February 14, 1939 [Headline] Federal court order could have impact on VIA budget Complied from Staff and Wire Reports INSERTED QUOTE: “ The impact of the majority‘s decision will be very substantial throughout the country and will interfere with the local decision-making authority. I feel the court is overreaching." - Judge Morton Greenberg PHILADELPHIA — A court order Monday requiring the US Department of Transportation to require transit authorities to equip new buses with wheelchair lifts could have a significant impact on the budget of San Antonio's VIA Metropolitan Transit. Attorneys who brought the lawsuit that led to the ruling called it the most important decision ever handed down for handicapped people needing public transportation. Carol Ketcherside, assistant for governmental affairs to VIA manager Wayne Cook, said the wheelchair lifts add at least $15,000 to the cost of a new bus. The average life-time of a VIA bus is 12 years, she said, and when the expense is spread across a fleet of 500 buses, the cost for lifts "would be significant." The $15,000 cost does not include the cost for maintaining the lifts or for refitting bus stops to make them accessible, she said. All bus stops being built by VIA currently are accessible, however. The 3rd U.S. Circuit Court of Appeals said Monday a Transportation Department regulation requiring all new buses to accommodate wheelchairs conflicts with another allowing communities to offer only an alternative service, such as special vans to the handicapped, which VIA offers. The court said a rule requiring reservations 24 hours in advance for use of the alternative transportation hinders the spontaneous use of mass transit by the handicapped. As a result, the court ordered transit authorities to make "reasonable accommodations to their programs, i.e. purchase wheelchair-accessible buses." The court also upheld a controversial decision requiring the Transportation Department to eliminate a cap on the amount of money transit authorities need to spend on making transportation accessible. A federal judge ordered VIA in 1985 to upgrade its services for the handicapped following a class action suit brought in 1983. The bus company's response was to create VIAtrans, a fleet of specially equipped vans that provide service to the handicapped who give advance notice. Ketcherside also said VIA already spends more than the 3 percent maximum the Transportation Department can require for its accessibility programs. "We far exceed the requirements of the federal government" she said. She said VIA will have to wait to see whether the Transportation Department will appeal the ruling or issue new regulations in accordance with the appeals court order to determine how it will affect the transit company. A coalition of disabled people and 12 organizations called Americans Disabled for Accessible Public Transportation (ADAPT) filed the lawsuit last year that led to the appeals court decision. ADAPT contended that a provision of the federal regulations allowed authorities receiving federal transportation funds to exclude the handicapped from "effective and meaningful" access. The provision allows transit authorities to decide among three types of handicapped-accessible transportation: accessible buses, vans for the handicapped, or combination of the two. U.S. District Judge Marvin Katz overturned the provision in cases where the transit authority buys any buses. He also overturned a regulation requiring authorities to spend no more than 3 percent -- of their average annual operating budget on transportation for the handicapped. Katz called the limit arbitrary and said it allowed transit agencies "to eviscerate the civil right" to transit service that Congress mandated for the handicapped. Circuit Judge Carol Las Mansmann in writing the 2-1 opinion also cited Congress' intent. "Congress wanted to provide the disabled with the capability to utilize mass transit to the 'maximum extent feasible.' The DOT has failed to show that requiring the future purchase of accessible buses oversteps this legislative intent." Mansmann wrote. In a dissenting opinion, Judge Morton Greenberg said the section requiring new buses to be accessible was not meant to apply to transit systems choosing paratransit system, such as special vans. He also [said] the 3 percent cap was not arbitrary. “ The impact of the majority‘s decision will be very substantial throughout the country and will interfere with the local decision-making authority," Greenberg wrote, "I feel the court is overreaching." Timothy Gold [Cook] who argued the case before the court, said the ruling was “a major, major victory for the handicapped community ... we can't say enough positve things about it." Gold [Cook], who is now director of the Washington-based National Disability Action Center, said he hoped the ruling would not be appealed in light of President Bush's recent comments about wanting to bring the handicapped into the mainstream." - ADAPT (593)
2/89 New York Times [Headline] Court Orders Buses Fitted for Handicapped PHILADELPHIA, Feb. 14 (AP) - A Federal appeals court ordered the Department of Transportation on Monday to require transit authorities around the country to equip new buses with wheelchair lifts. In its ruling, the United States Court of Appeals for the Third Circuit, in Philadelphia, said another Transportation Department regulation allowing communities to offer the handicapped services like special vans hindered the spontaneous use of mass transit by the disabled. The court also upheld a decision requiring the Transportation Department to eliminate a 3 percent limit on the amount of money transit authorities must spend to make transportation accessible. The lawsuit, filed by Americans Disabled for Accessible Public Transportation, a coalition of disabled people, and 12 organizations, attacked a provision of the Federal regulations on public transportation that allows local authorities to offer people in wheelchairs transportation in buses, special vans or a combination of the two. Judge Carol Los Mansmann of the appeals court, writing the 2-to-1 decision, said, "Congress wanted to provide the disabled with the capability to utilize mass transit to the ‘maximum extent feasible.'" Timothy M. Cook, director of the Washington-based National Disability Action Center, who argued the case before the court, said the ruling was "a major, major victory" for the handicapped. But a spokesman for transit agencies said the ruling did not address vexing problems. Albert Engelken, deputy executive director of the American Public Transit Association, said wheelchair lifts receive limited use where they exist and are an added expense to transit agencies at a time when Federal subsidies have been dwindling. Many local transportation officials declined comment on the ruling because they had not seen it. But Peter Dimond a spokesman for Massachusetts Bay Transportation Authority in Boston, said, "we have made a pledge that all buses we purchase in the future will be lift-equipped." It costs $15,000 to equip a bus with a wheelchair lift and buses cost about $200,000, according to Joaquin Bowman, a spokesman for the Southeastern Pennsylvania Transportation Authority. - ADAPT (484)
METRO Magazine March/April 1989 pp.18 - 21 Court Rules On Wheelchair Accessibility U.S. Court of Appeals orders that all new transit buses be wheelchair lift-equipped and paratransit service provided. by Jason Knott (This story continues through 484, 471, 470, 465, and 466. However, the entire text of the story is included here for ease of reading.) DRAWING: A large balance scale with a bowl hanging from each side of the balance. One bowl has the acronym APTA in it, the other has ADAPT. QUOTE below the picture: “I don’t think the government should mandate installation of lifts. It can become expensive for the smaller transit properties." —Davis There are more than 40 million disabled Americans and an estimated 67 percent of them are unemployed, according to the National Easter Seal Society. Meanwhile, a recent Harris poll revealed that three out of every 10 disabled persons say they cannot work because of a lack of accessible transportation. Moreover, the same poll shows that 49 percent of the disabled believe their mobility is limited because of transportation barriers. These statistics confirm that public transit accessibility is an important ingredient to mainstreaming the handicapped into society. On the flip side of the coin are the public transit authorities who are in the business of transporting ambulatory, as well as handicapped, persons in the most economical method possible. It would seem that the handicapped, who depend on public transit, would be natural constituents of transit agencies; however, the two groups have been at odds for years, grappling with each other over the accessibility of service. In particular one handicapped rights group — ADAPT (Americans Disabled for Accessible Public Transit) — has been fighting with public transit across the nation. ADAPT wants every fixed route transit bus equipped with a wheelchair lift. In order to express its point, the group conducts disruptive protests at conferences held by the American Public Transit Association (APTA). (See September/October 1988 METRO Magazine, “When Rights Clash," page 79) Today, disabled Americans can chalk up a victory in their constant battle for a broader distribution of handicapped-accessible transit service. On February 13, a federal appeals court ordered the U.S. Department of Transportation to require transit authorities to equip all newly purchased buses with wheelchair lifts. The 3rd Circuit Court of Appeals in Philadelphia also determined the 3 percent cap placed on transit agencies for handicapped expenditures was too low in the case entitled “ADAPT vs. Burnley." Wade Blank. director of ADAPT, applauded the court decision, saying the ruling is significant in the sense it is "evolutionary." Blank said, "We are now getting back to where we were in 1978. When we filed originally, we targeted the 3 percent cap. We decided to broaden the case because the climate in the country has changed. We talked with our attorneys and they broadened it to include the original intent of Section 504, and to really challenge the 1980 case that APTA brought. We are victorious because of a major mood change in the country regarding handicap accessibility." Blank cited two other recent rulings in Detroit and Chicago favoring handicapped accessibility. The Philadelphia ruling is in conflict with APTA's official policy, which was spelled out in a position paper reissued in October 1988. The association favors the local-option approach by which each local transit authority determines its own handicapped transportation policy. APTA's Board of Directors recently rejected a similar proposal calling for all new transit buses to be lift-equipped, according to Albert Engelken, deputy executive director. In other words, APTA believes that each local transit authority should create its own balance between demand response - or dial-a-ride — service, and fixed route accessibility. “It is very important that people realize that APTA is not against wheelchairs on transit buses," said Engelken, “rather, we are for local decision. The board of directors unanimously supports this approach. Every transit system makes their decision after in-depth consultation with the local disabled community. They are not making their decisions blindly." What next? The Department of Transportation is currently exploring its options, which include seeking a rehearing by the appeals court, appealing the-decision to the U.S. Supreme Court, or accepting the ruling. Michael Jacobson, spokesman for the DOT, could not give an estimate on when a decision might be made. An appeal is possible despite President Bush's recent campaign commitment to handicapped programs. Whether the decision will affect bus procurements that are currently - underway is unclear. Jack R. Gilstrap, APTA's executive vice president, issued the following statement concerning the ruling: “Because of the cost impact of the decision which requires lifts on all new buses plus paratransit service, and because it is inconsistent with other court decisions which create conflicting obligations on the part of the DOT and local public transit systems, APTA is urging DOT to challenge the decision." “Obviously this decision is extremely important," said Charles Cowie, national sales manager for Mobile Tech Corporation, a Hutchinson, Kansas-based manufacturer of wheelchair lifts for transit buses. “The objective is to make accessibility and mobility easier for the disabled, but to some, the decision favors a sector of the populous that is not altogether popular." “In a philosophical sense, the ruling is great," said Bill Hinze, National Sales Manager for Ricon, a dedicated lift manufacturer in Sun Valley, Calif. “It’s like a mandate for racial integration — it should have been done years ago." However, Hinze indicated he is still an advocate of demand response systems. “I don't think the government should mandate installation of lifts," said Bob Davis, vice president of Bus Manufacturing USA, a Goleta, Calif.-based distributor of semi-automatic lifts. “It can become expensive for the smaller transit agencies." The court also ruled that the current 3 percent cap on handicapped spending was insufficient; however, many agencies were already spending a higher percentage. In fact, in California and state law already requires all newly purchased transit buses to be equipped with wheelchair lifts. “Other states were already adhering to a similar policy, although it is not written in law," said Don Smith, director of marketing for Lift-U, Inc. in Escalon, Calif. According to Engelken of APTA, an average of 6 percent of transit expenditures are directed toward improving handicapped transportation already — double the required limit. Moreover, an APTA survey indicates that 31 percent of all transit vehicles are lift equipped, with the number steadily rising. The court decision comes in the wake of several different movements toward the improvement of handicapped accessibility to public transit. [Subheading] Project ACTION As part of the APTA’s Elderly and Disabled Task Force, a three-year Congressional program called “Project ACTION" (Accessible Community Transportation In Our Nation) will soon establish six demonstration sites nationwide to study handicapped transit accessibility. The National Easter Seal Society is conducting the three-year, $3 million undertaking. Congress has earmarked $1 million in fiscal year 1988 UMTA research and technical assistance funds to initiate the project, and an additional $1.35 million in fiscal year 1989. Project ACTION is designed to improve access to transit services for the handicapped. It will involve national and local organizations representing public transit operators, the transit industry, and people with disabilities in the development of a cooperative model program promoting greater access to transportation. Project ACTION is the result of a mandate from Congress to find ways to better accommodate the transportation needs of people with disabilities. The program will focus on five key concerns of people with disabilities and local transit operators seeking to improve transit: * Identifying persons with disabilities in the community. * Developing effective outreach and marketing strategies. * Developing training programs for transit riders. * Developing assistive programs for people with disabilities. * Applying appropriate technology to solve critical barriers to transportation and accessibility. “APTA’s task force is examining numerous areas to improve handicapped transportation," said Engelken. “We are looking at how to improve the marketing of service and we are struggling with the wrenching problem that exists in that area. "We have to make sure that people are riding the buses,” added Engelken. “If we don't, then the federal and state government are going to say that transit agencies are spending their money unwisely.” [Subheading] Operating costs The court decision also comes at a time when some transit agencies are lowering their wheelchair lift operating costs. In fact, figures released by ADAPT, claim that Seattle Metro operating costs were $3.13 per lift in 1987, with a reliability rate of more than 98 percent. In comparison, the Bay Area Regional Transit Association cited operating costs of $118.55 per trip for wheelchair lift-equipped transit buses among the several different transit authorities operating in the region. This disparity is due to widely different methodologies for calculating costs, a condition that has led to an absence of reliable nation-wide data. Tim Cook, director for the National Disabilities Action Center in Washington, D.C. and the attorney representing ADAPT in court, said, “I’m not sure accurate figures exist because it varies from system to system. National figures are meaningless because many systems haven't made a decision to make a commitment to accessibility." “Every property has it differently organized. Some agencies will designate one mechanic to maintain 75 to 100 lifts," said Smith of Lift-U, “But it really depends on how committed the maintenance director or general manager is to wheelchair lifts." [Subheading] Technology Mobile Tech and Lift-U manufacture electro-hydraulic passive wheelchair lifts for the transit industry. These lifts do not require the driver to leave his seat to operate the device. Ricon is a leading manufacturer of dedicated lifts, which are common on paratransit vehicles. These lifts are ideal for the handicapped, but cannot be used by ambulatory passengers. The lift does not utilize hydraulics. Another lift on the market is the AMF Hubmatik swivel-lift manufactured in West Germany. The lift is marketed in the U.S. by Bus Manufacturing USA and Ortho Safe Systems in Trenton, N.J. The semi-automatic, electro-hydraulic lift requires the driver to swivel the unit out the door for boarding and departure. It is currently in use by Sun Line Transit Agency in Thousand Palms, Calif. Due to constant R & D by the manufacturers, lift technology is dynamically improving. According to Smith, future innovations in passive lift technology will include state-of-the-art circuit boards, LED's and microchips. Cowie of Mobile-Tech predicted a 180 degree turn in technology within the next two years. Hinze indicated his company is developing a lift that can be utilized by both handicapped and ambulatory passengers and reduce maintenance costs by up to 10 percent. The court ruling does not touch upon rail accessibility at all. Installation of wayside wheelchair lifts for rail systems has not been as active as bus development. According to Smith, some transit agencies have requested lifts be designed for installation on the railcars themselves; however, because of the small demand, this is not profitable for passive lift manufacturers. More R & D is necessary on the shock and vibration of railcars to produce a passive lift that can withstand that environment. However, San Diego Trolley has been using on-board lifts for three years, and recently ordered 41 more units according to Hinze of Ricon. This onboard lift eliminates the problem of railcar operators “spotting” their stops for wayside lift access. The ruling could also mean increased specification of wheelchair restraint systems such as the one manufactured by Q'Straint in Buffalo, N.Y. The system consists of four stainless steel floor plates mounted flush with the floor. Four belts, two in front and two in the rear, and a shoulder harness and lap belt secure the rider. [Subheading] Solving the problem Despite the jubilation one might expect among wheelchair manufacturers, many seem to believe a mixture of demand response service along with fixed route wheelchair service is the ultimate solution to transporting the disabled and elderly. "The degree of demand response versus fixed route service should be a local decision," Cowie said. “It is important to mainstream the handicapped in the bigger cities through fixed route service; however, demand response is good in rural areas." These thoughts were echoed somewhat by Smith, who is a member of APTA’s Elderly and Disabled Services Task Force. "There should definitely be a mixture of services," he said. “[The government] can't dictate how every community should handle this problem. Some communities have spent a lot of money of their dial-a-ride service. You need to have a local option. “Another solution," continues Smith, "might be to make fixed route service fully accessible and let another organization — outside the realm of public transit — take care of special needs or demand response service." He believes the transportation problems of the elderly and the disabled should be handled separately. the end of article BOXED TEXT next to main article: [Heading] The Long Road To Wheelchair Accessibility A federal appeals court has ordered the U.S. Department of Transportation to require transit authorities to equip new buses with wheelchair lifts, and provide public transport for riders unable to use lift-equipped buses. Attorneys who brought the lawsuit called it the most important decision ever handed down for handicapped people needing public transportation. The decision, in the U.S. 3rd Circuit Court of Appeals was, 2-1. “We conclude that ordering that newly purchased buses be accessible to the mobility disabled does not exact a fundamental alteration to the nature of mass transportation," Judge Carol Mansmann wrote in the majority opinion. “Also, by requiring that newly purchased buses be accessible, we are not imposing undue financial or administrative burdens on the local transit authorities." In the dissenting opinion, Judge Morton I. Greenberg said the section requiring new buses to be accessible was not meant to apply to transit systems choosing a paratransit system. Timothy M. Cook, director of the National Disability Action Center, argued the case before the appeals court and called the decision, “a major, major victory for the handicapped community. We can't say enough positive things about it.” Cook expressed hope that the ruling would not be appealed in light of President Bush's recent comments about his desire to bring the handicapped into the mainstream. The Transportation Department had appealed an earlier decision by U.S. District Judge Marvin Katz in Philadelphia that canceled a 1986 department regulation calling for mass-transit authorities to spend up to 3 percent of their operating budgets on providing services for the handicapped. In his decision, Katz called the 3 percent requirement unreasonable, but ruled the department must resolve differences between equality for the handicapped and cost efficiency. Americans Disabled for Accessible Public Transportation (ADAPT) appealed Katz's simultaneous ruling that upheld the right of transit authorities to decide whether to fit vehicles for the handicapped or provide other services. The appeals court ruling affirmed Katz's decision in favor of dropping the 3 percent provision, but it reversed his other decision by ordering transit authorities to equip new buses with chair lifts or other accommodations for the handicapped. - ADAPT (460)
Wednesday, APRIL 12 1989 RENO GAZETTE-JOURNAL Photo by Tom Spitz/Gazette-Journal : A somewhat frail looking man, Randy Blatz, in a large wheelchair sits sideways looking at the camera. A sign is taped to the side of his chair; it reads "WE WILL RIDE." His legs are extended out in front of him and are covered by a blanket. Behind him another wheelchair protester looks at the camera with his arm up shading his face and his view. Behind them are other protesters in a line, pretty much filling the picture. Caption reads: BACKER: Randy Blatz of Hayward, Calif, shows support for his locked-up comrades Tuesday outside the Washoe jail. [Headline] Disabled protesters maintain hunger strike [Subheading] Jailed demonstrators getting care, sheriff says By Susan Voyles/Gazzette-Journal A hunger strike in the Washoe County jail by 22 handicapped prisoners — arrested for obstructing sidewalks while protesting a public Transit meeting in Sparks -— continued Tuesday night, although nine demonstrators broke their fast. Leaders of the American Disabled for Accessible Public Transit (ADAPT) group encouraged jailed protesters to break their fast after Washoe County Sheriff Vince Swinney early Tuesday afternoon promised the inmates more nurses, if needed, and more medical supplies. But Lt. Rod Williams said the hunger strike wasn't over medical treatment. "They're protesting the fact they're here,“ he said, “not the conditions in the jail." The hunger strike began Monday night after 25 people were arrested and jailed in a demonstration against public transit officials meeting at John Ascuaga's Nugget. The meeting concludes today. Five others have been in jail since Sunday night, when ADAPT began a planned four-day protest. They're here to protest the western regional meeting of the American Public Transit Association, which is fighting ADAPT's legal efforts to require all federally funded transit systems to buy buses equipped with wheelchair lifts. Swinney said one female prisoner vowed to continue her fast even though she was warned by a doctor that she'll ultimately go into seizures. Another woman, Diane Coleman of Los Angeles, was released from Washoe Medical Center Tuesday morning after being given liquids intravenously for dehydration. She was taken to the hospital about 3 a.m. Tuesday when she began vomiting. Mike Auberger, organizer of the Denver based group, and Pat Gilbert, his Reno attorney, met with Swinney early Tuesday afternoon to discuss jailed ADAPT members complaints. "People in charge are now in the process of trying to respond to the situation, which they've never been in before," Auberger said at a news conference outside the jail. “It's a lot more positive than it was two hours ago." Swinney said the jail has put 11 nurses to work, nine more than usual. And more nurses and a doctor will be brought in if needed, he said. But he admitted the jail did not have enough medical supplies, such as catheter drainage bags, on hand and had to order more. Normally, the jail sees only about six handicapped prisoners a year. Sparks Municipal Judge Don Gladstone defended the sentences handed down to the protesters. Of the 30 in jail, the majority were sentenced to three days for obstructing sidewalks, fire entrances or a police officer, and given an average fine of $580. On Sunday, only five of 49 people arrested went to jail. Those five pleaded innocent and will have their trials Monday. Gladstone said he warned ADAPT members he'd get tougher on them. "Clearly, everyone was put on notice," he said. "We're not following their rules" Auberger, who was also arrested but paid a fine to get out of jail Monday night, was outraged so many of his people were arrested. "I have been in many cities where I have done civil disobedience and I wasn't arrested," he said. "Maybe it's the politics of Sparks that the city has to respond to what the Nugget wants. it's real clear (Gladstone) was being forced to do what he did." “They don't toss people in jail for blocking sidewalks in most cities," complained Pete Mendoza of Marin County, Calif. "They were researching ordinances to arrest us.“ Gladstone who said he supports the rights the handicapped are seeking, said he is simply doing his job and the demonstrators were amply warned. Among the 50 or so protesters outside the jail Tuesday was Beverly Furnice of Denver, with a thick, fresh bandage around one of her twisted legs. She claims her leg was broken Sunday night when a security guard tried to move her out of a doorway. She was treated at Sparks Family Hospital, but officials would not confirm that her leg was broken. She was arrested after the incident, and said she sat in Sparks Municipal Court for five hours before she was released with a verbal warning. Nugget spokesman Parley Johnson said he's not sure what happened to Furnice. "There was a lot of shoving and pushing going on," he said "If it did happen, I'm very sorry about it." Gladstone said he doubted she broke her leg. He said he and his staff held arraignments until midnight Sunday and were far more inconvenienced than Furnice or anyone else arrested. - ADAPT (448)
Reno Gazette-Journal 5-2-89 Nevada [Headline] Handicapped protest expenses: $116,000 Last month's disturbances by handicapped activists at John Ascuaga’s Nugget and other locations in Sparks cost taxpayers at least $116,000, according to preliminary figures reported Monday. The estimates are from the Sparks Police Department, the Washoe County Sheriff's Office and Sparks - Municipal Court. About 75 members of the American Disabled for Accessible Public Transportation demonstrated outside the Nugget, where the American Public Transit Association was holding its Western regional meeting. The members of the Denver, Colo.-based group picketed to support their demands for more wheelchair ramps on public transportation. There were 72 arrest during nearly a week of protests. About half that number went to jail. Sparks police estimated their expenses in controlling the group at $79,275. The sheriff's Department, which runs the consolidated city-county jail, placed its costs at $34,164. Municipal Court Judge Donald Gladstone expects his costs will run about $3,000. Sparks City Manager Pat Thompson says the expenses can be paid out of contingency funds. - ADAPT (443)
Two different articles included here Wednesday, April 12, 1989 Las Vegas Review Journal p7B [Headline] Handicapped protesters refuse food in Sparks Associated Press: SPARKS — Handicapped demonstrators who have been jailed as a result of their picketing outside a gathering of public transportation officials are now refusing to eat, Washoe County Sheriff Vince Swinney said Tuesday. Swinney said 30 people serving three-day sentences are only drinking water but won't take any meals. About 75 members of a national group calling itself The American Disabled for Accessible Public Transit have been demonstrating outside the Sparks Nugget, where the American Public Transit Association is holding its regional meeting. The protesters contend the transit association is not doing enough to make it easier for people in wheelchairs to gain access to public transportation. Swinney said he realizes the handicapped face a number of barriers, but called the demands the demonstrators are putting on the sheriffs office, on police and on the courts an “inappropriate use of the criminal justice system to educate the public to what is a public problem." He said he doesn't know how much the overtime and extra staffing is going to cost Sparks and the county. Swinney and the jail were to have been the target of a Tuesday news conference called by protest organizer Mike Auberger of Denver, who earlier said the jailed demonstrators had not received proper medical treatment. But Auberger said most of the problems at the jail were worked out in a two-hour conference with officials. Swinney said the jail has brought in an extra doctor with expertise in helping handicapped patients and has called for additional nurses who can work with the handicapped. Meanwhile, Swinney said the inmates' hunger strike is causing him concern over one of the prisoners, a woman with a history of seizures brought on by a chemical imbalance when she doesn't eat. The sheriff said most of the protesters are serving their three days in regular cells or the infirmary because the jail has only two cells for the handicapped. Forty-nine people were arrested Sunday and while most were not fined or jailed, they were told not to get arrested again. Those who were among the 25 arrested on Monday received sentences and fines of $265 to $315 in exchange for their guilty pleas. end of article 1 Reno Gazette-Journal Thursday, April 13, 1989 [Headline] Most handicapped protesters decide to remain in jail By Susan Voyles/Gazette-Journal Sparks Municipal Judge Don Gladstone late Wednesday offered to release 30 jailed handicapped protesters if they pay $100 of their fins and promise to pay the rest later. Two accepted the offer, but Mike Auberger, leader of the American Disabled for Accessible Public Transit (ADAPT), said he doubts many other members of his group will. The prisoners are entering their third day of a hunger strike in the Washoe County jail today in protest of sentences by Gladstone they claim are too harsh. The 30 protesters were arrested in demonstrations held on Sunday and Monday against the American Public Transit Association, which ended its western regional meeting at John Ascuaga‘s Nugget on Wednesday. ADAPT is picketing the transit group because many of its members operate public bus systems that do not have lifts for wheelchairs. Of the 30, 27 pleaded guilty or no contest to charges of obstructing sidewalks and fire entrances. Most of them were sentenced to three days in jail, which would end today or tomorrow, and given $580 in fines. Gladstone said he will allow them to pay $100 in fines each if they promise to pay the rest later in installments or do community service work in their home towns. Auberger said his group has only $500 to pay the $3,200 in fines needed to release the group. Those arrested would have to sit in jail for another 23 days in order to pay off their fines, which are reduced at a rate of $25 a day. "But I wouldn't be surprised if they say they'll serve the days rather than give them any money," Auberger said. Auberger and others said Sparks is the only city where the handicapped demonstrators have been jailed for such offenses as obstructing sidewalks. Pat Gilbert, a Reno attorney, was to meet with the 30 protesters Wednesday night to see what they want to do. Gladstone was prepared to hold hearings in the jail to begin releasing them. Two people already have been released for medical reasons after receiving treatment at local hospitals, and one woman, still in jail, is having up to 80 seizures a day, Auberger said. Washoe County Sheriff Vince Swinney declined to comment on the condition of the prisoners Wednesday, saying it only provides more fuel for the media to publicize their plight. However, several officers said the jail now has two doctors and ll nurses on duty, two more than were on Tuesday and nine more than the number of nurses usually assigned to the jail. In an initial court hearing, Gladstone lectured the demonstrators, saying their mass arrests have “tarnished” their cause. “I think you need new leadership" he said. After the hearing Wednesday, Auberger and a band of about 20 demonstrators peacefully protested in front of the Nugget, making a final stand against the transit association. Auberger said most of those who aren't in jail will be leaving town today, although a few will stay to help those in jail. Sparks police say it will take at least a week and half to determine the overtime and other expenses incurred because of the demonstrators. Jerry Peltier, a transit association board member from Richland, Wash., said the protest had no impact on the 500 member group. Parley Johnson, spokesman for the Nugget, said the demonstration cost the Nugget extra money for security guards. He also said business at the Nugget slowed the last few days. - ADAPT (427)
Title: WHEELCHAIR TRANSIT BUSTED English Cultural Tabloid, Oct 7, 1988, p. 8 by KRISTIAN GRAVENOR Montreal's handicapped community is hoping that getting arrested will succeed where letters and phone calls have failed to improve its transit service. About 50 activists were arrested after blocked traffic along Rene Levesque, disrupting the Queen Elizabeth Hotel conference, and demonstrating at the Sheraton hotel, where members of the American Public Transit Association (APTA) were staying for an annual convention from October 1-5. The local disabled population teamed up with the American Disabled for Accessible Public Transit (ADAPT) in protesting against APTA policy. ADAPT has organized civil disobedience at all APTA conferences for the last five years, with last year's convention in San Francisco resulting in over 70 arrests , while a regional conference in St. Louis led to the arrest of over 40 activists. Stephanie Thomas of ADAPT says that the enmity towards the transit group dates to the late '70s when the U.S. government passed a law which decreed that all new public transit vehicles must be accessible to the handicapped, but APTA lobbying had the law overturned. Thomas, who has been active in each of the protests against APTA, refuted the organization's claim that making transit accessible is expensive and impractical: "A lift on a bus only increases its cost by about 10 per cent, which would be made up as it eases the cost on the separate transportation system for the disabled." Montreal's transit authority (MUCTC) is a member of APTA and has failed to make new buses or subway stations accessible to the disabled: A separate service for the disabled has existed since 1980. This system, according to Francois Gagnon of the Quebec Movement of Handicapped Consumers, is deteriorating. "The Quebec government has ordered that the separate service maximize its use," he says, "and since then, one complaint I received was from a man who gets picked up for work at 7 AM and is delivered to his job at 9:45 AM." Gagnon, whose organization encouraged the disabled community to take part in the protests against APTA, argues that economics and demographics prove that now is the time to make the system accessible. "By the year 2000, 25 per cent of Quebecers will be senior citizens, many of whom will be handicapped, and the longer it is delayed, the more expensive the transition will become." For many disabled, the real issue is the right to enjoy transit facilities made for the rest of society. The protests are an attempt to end the separate transit systems. Stephanie Thomas stresses that ADAPT is not demanding that existing vehicles be modified, only that new equipment should be accessible to the disabled. Thomas is encouraged by the results of the protests. 'We have been active lobbying, and nothing was ever done. But since we started protesting, it has become a major issue. Slowly, cities such as Phoenix, Atlanta, Dallas, Syracuse, and Chicago are changing to accessible transit." Montreal may yet be able to join that list. The End - ADAPT (393)
The Gazette, Montreal, Saturday, October 1, 1988 - ADAPT (364)
San Francisco Chronicle WEDNESDAY, SEPTEMBER 30, 1987 This story continues in ADAPT 365 and ADAPT 360 but the entire text is included here for easier reading. Title: Chains Halt the Cable Cars Photo by Jerry Telfer/The Chronicle: Two people in wheelchairs block a cable car. One sits in a manual chair with his back to the camera and another sits sideways to the camera (Mike Auberger) in front of the Cable Car door. They are chained with a long chain to the cable car. From inside, a man (Frank Lozano) stands in the stairwell talking with them. Caption reads: Handicapped demonstrators chained themselves to cable cars yesterday at San Francisco's Powell Street turntable, halting the system for more than two hours. Police arrested 75 people. The protesters have lobbied the American Public Transit Association convention at Moscone Center for improved access to transportation for the disabled. Story on Page A2 Title: Disabled protesters block cable cars; police arrest 78 By John D. O’Connor, of the examiner staff Chanting “We will ride!,” 78 disabled protesters used their wheelchairs and their bodies to block the Powell Street cable car line for more than two hours Tuesday before police moved in to arrest them. Urged on by at least 100 supporters who ringed the cable car turnaround at Powell and Market streets and cheered like fans at a boxing match, some of the demonstrators chained themselves to the cow guards of the little cars as bemused tourists looked on. Forty-three of the protesters wound up spending the night in the not-yet-opened $1 million-plus gymnasium on the seventh floor of the Hall of Justice, Sheriff Mike Hennessey said. “There’s nothing but generally pleasant feelings among them,” Hennessey said after inspecting the facilities for the wheelchair-bound demonstrators, who had refused to sign citations issued by the police. Hollyann Fuller Boies, an organizer with the September Alliance For Accessible Transit, said the group selected the cable cars as the focus of their protest because they symbolized the general inaccessibility of all public transit vehicles. "This is a problem that needs attention now,” Boies said. “It’s not just the cable cars, it’s almost every form of public transportation, and nothing is being done to remedy the situation.” But MUNI spokesman Tom Rockert said the protesters’ wrath was misdirected. “A cable car is just the very last thing we could modify to accommodate a handicapped person,” he said. “It has no power. We’d need an awful lot of batteries to power a lift of the type they’d need. Besides, we’re committed to making our rubber-wheeled fleet more accessible to the handicapped.” Rickert said MUNI’s Elderly & Handicapped Advisory Committee, which is made up of elderly and handicapped people, decided “that cable cars could not be modified to be accessible and that from a technical point of view such a proposal is not feasible, practical or safe.” Boies said the people arrested were willing to stay in jail to draw attention to their cause rather than sign the citations offered by the police. By 5 p.m., most of those arrested appeared ready to do just that. Lt. John Gleeson of the police Tactical Detail said 48 of the 78 arrested had refused to sign and were preparing for a night in jail. Henessey said 43 were housed in the new gym. He said the rest were let go for a future court date because they had no prior arrests in the three days of demonstrations. Hennessey said he and his staff, knowing about the demonstrations in advance, had planned for the protesters to be housed in the gym by borrowing cots from San Francisco and Laguna Honda hospitals and other city-operated medical facilities. “Actually, we anticipated 75 to 80 persons,” Hennessey said. Outside the Hall of Justice on Bryant Street, 75 wheelchair-bound sympathizers held a candlelight vigil Tuesday night and chanted, “Let our people go.” The protesters, who also staged noisy demonstrations outside a convention of American Public Transit Association members at Moscone Center Monday and on the steps of City Hall Sunday night, said that they hope their actions will force APTA to adopt a national policy regarding handicapped access to public transit. Photo by Examiner/Katy Raddatz: A little girl in a wheelchair (Jennifer Keelan) leans forward resting her head on a heavy rope barrier. Behind her, holding a push handle of her chair, a woman (Cyndy Keelan) in an ADAPT no steps/we will ride T-shirt stands among a crowd. All are watching something beyond the camera. Caption reads: Cynthia Keelan and daughter, Jennifer, of Tempe Ariz. From behind cable car rope, they watch protest of disabled. - ADAPT (349)
San Francisco Chronicle 9/28/87 S.F Protest For Disabled Turns Violent By Evelynn C. White A peaceful demonstration for the rights of the disabled to use public transit turned violent last night when 23 people were arrested, one of them on charges of assaulting a police officer. Following a rally at Union Square, 500 demonstrators converged on City Hall, where members of the American Public Transportation Association were holding a dinner meeting. Police said the melee broke out when demonstrators tried to block members from entering in the meeting. San Francisco police officer Michael Travis, 40, who was thrown down the City Halls steps in the scuffle, was treated for a possible concussion and released. Arrested in the assaulted was Alan Shipley, 40, of San Francisco, who police said is not disabled. Shipley was booked at city jail on charges of assaulted and battery on an officer and resisting arrest. The other 22 demonstrators, 19 of them wheelchair-bound were cited for failure to disperse, blocking a sidewalk and resisting arrest. They were released. Earlier in the day, 250 demonstrators at Union Square, 80 percent in wheelchairs, made a plea for better access to public transit. “In most cities, a person who is disabled can’t go to work, can’t go to school, can’t function,” said Laverne Chase, a wheelchair-bound resident of Washington, D.C. “I am here because I believe that disabled people should have equal access to everything that the mind can imagine, starting with public transportation.” The protest, sponsored by the September Alliance for Accessible Transit, was held in opposition to the APTA, which is convening in the city through the week. In the early 1980s, APTA fought to rescind federal regulations that would have required wheelchair lifts in all newly purchased transit buses and handicapped accessibility to all new rail systems. The organization instead lobbied for a “local option” alternative that allows individual transit systems to determine the best way to serve the handicapped. On Wednesday, the association plans to hold a session concerning the needs of the disabled. "We don't feel it's appropriate to leave it up to local operators,“said Berkeley resident Shelley Bergum. “There should be federal legislation that prohibits discrimination just like there is for housing and employment.“ In Anchorage, where 33-year—old Duane French lives, the “local option" has meant no public transportation at all for the disabled. “I’m one of the lucky ones because I have a van,” said French. “But other wheelchair-bound people have to impose on friends and family plan weeks in advance to get where they need to go. They should be able to go down to a corner and get on a bus, to live their lives spontaneously.” - ADAPT (347)
San Francisco Chronicle 9/26/87 Title: 4,000 Transit Officials To Add to S.F.'s Traffic By Harre W. Demoro The executives of North America's 400 transit systems are gathering in San Francisco, worried that their industry is declining and bracing for handicapped people to disrupt their meetings. The handicapped are demanding that all transit vehicles, including San Francisco's historic 37 cable cars, be accessible to wheelchairs, a demand that transit officials say is too costly. The centerpiece of the transit gathering will be a huge trade show, which opens Monday and is expected to draw 15,000 people to Moscone Center. Its 450 exhibits of the latest bus and rail car technology from 15 countries include a gleaming new BART car that is two years behind schedule and has yet to carry a paying passenger. About 4,000 delegates have signed up for three days of technical and professional meetings at the Hilton Hotel, said Jack R. Gilstrap, executive vice president of the American Public Transit Association. Times have changed since Washington-based APTA met here 11 years ago. Then, the Bay Area was a transit showcase and federal officials were promising billions of dollars for a nationwide bus and subway renaissance. Although the San Francisco Municipal Railway has prospered since 1976, the Bay Area's other big transit systems have not done well. After 15 years, the much-heralded $1.8 billion BART system still is plagued by technical and financial problems and has been deserted by 10 percent of its riders in the last two years. BART's general manager, Keith Bernard, has taken a medical leave to escape the pressures running the controversial agency. AC Transit and Golden Gate Transit, two bus systems that were showcases 11 years ago, also have lost riders and are grappling with draconian financial problems. Moreover, the federal government is threatening to cut transit assistance and Reagan administration leaders now point to costly systems like BART as examples of how not to solve traffic congestion problems. Gilstrap, formerly general manager of the huge Los Angeles bus system, said yesterday in San Francisco that he is optimistic that - the next federal administration, no matter what its party affiliation, will be pro-transit. "The nation's crumbling infrastructure must be addressed after the election," he said. The militant handicapped people will demonstrate at Union Square at 1:30 p.m. Sunday, and also picket meetings, banquets and cocktail parties, said Bill Bolte of ADAPT, American Disabled for Accessible Handicapped [sic]. "We are not going to allow these people to have a good meal," said Bolte, who was arrested earlier this year at a demonstration at a transit meeting in Phoenix. Gilstrap said APTA supports federal edicts calling for some vehicles and stations to be accessible`to wheelchairs and for alternative forms of transportation, such as special vans for handicapped people he said. - ADAPT (332)
Arizona Republic Saturday, April 11, 1987 Title: Wheelchair Activists are Released from Jail By J.F. Torrey The Arizona Republic Sixteen wheelchair activists who had blocked city buses and picketed a transportation convention earlier this week were released Friday after three days in jail. The 16 pleaded no contest to a variety of misdemeanor charges, including trespassing and obstructing a public thoroughfare. Phoenix Municipal Judge Michael Lester sentenced the defendants, all members of the Denver-based American Disabled for Accessible Public Transit, to three days in jail. They were credited with the three days they had served and released. Phoenix police made 73 arrests this week of people in wheelchairs who had blocked buses and disrupted meals and meetings held in conjunction with the Western meeting of the American Public transit Association. The 16 released Friday had been arrested Tuesday after they rolled their wheelchairs in front of buses at the downtown Phoenix Transit System terminal and several other bus stops. The group wants all mass-transit buses equipped with lifts for handicapped passengers. A number of those jailed Wednesday had been arrested at the earlier demonstrations, and it is common for people arrested a second time on misdemeanor counts to be jailed, said Sgt. Brad Thiss, a Phoenix police spokesman. The hearing for 14 of the defendants was held in a room at Maricopa County Durango Jail because of the difficulty of transporting the defendants to the Madison Street Jail, where hearings usually are held. Two protesters held at Madison Street were released Friday night. Joe Rossano, a spokesman for the county Sheriff’s Office, said that inmates usually are held at Madison Street but that the group of 14 protesters was brought to Durango so they could be kept together and have more exercise room. “We wanted to keep them all in one spot,” he said. “This is a nice, low stress jail. It’s nice and airy. They had access to a patio, outside. If you have to go to jail, go to Durango.” However one of the defendants, Robert Kafka, 41, said near the end of the hearing that the protesters had filed nine grievances against Durango, alleging improper medical care. “It’s an abomination that this jail accepted handicapped people when they were not able to take care of them,” Kafka said. Earlier in the day, Rossano said that the handicapped inmates had received double mattresses and that those with bedsores had been given sheepskin covers. Kafka said no sheepskin covers were handed out. When the hearing bean, Lester ordered it closed to everyone but court personnel, attorneys and defendants because of the small size of the room. After reporters covering the hearing protested and Lester consulted with M. Louis Levin, the presiding judge of Phoenix Municipal Court, he allowed the press to attend the hearing but barred supporters of the defendants. Ken Skiff, a court-appointed attorney for the defendants, said, ‘I had them all read the police reports and they agreed that they were accurate , and I felt that the sentence would be appropriate because there would be no fine and no probation.” Tom Timmer, a deputy city attorney who prosecuted the case, said he agreed to the plea agreements because “this is the best resolution for all concerned.” Police on Sunday night arrested 29 people in wheelchairs who were blocking entrances to Rustler’s Rooste restaurant at the Pointe at South Mountain. Conventioneers were attending a steak fry at the restaurant. On Monday, five protesters were arrested outside the downtown Hyatt Regency hotel for continually blowing their wheelchairs’ horns. On Tuesday, 39 more arrests were made of protesters who blocked buses at the downtown terminal, at First and Washington streets, and at several other sites, including bus stops at the Capitol and Central Avenue and Van Buren Street. - ADAPT (27)
[Headline] Handicapped Pin Hope on Atlantis By Sharon Sherman Denver Post Staff Writer The word "activist' once scared a group of young Handicapped Denverites. But after almost two years of wheeling themselves onto picket lines, sitting through meetings with government agencies and speaking out about the problems of being shunted out of the mainstream of society, they agree that the term activist describes what they have become. And they are proud of it. "At least we're actively trying to do what we can instead of sitting back and wishing', is the way Carolyn Finnell, 31, sees the new role of many physically handicapped young people. [Subheading] Buses for Handicapped Carolyn, and others like her in the handicapped community, helped convince the Regional Transportation District to begin adding buses equipped for the handicapped. They have testified at various hearings about problems of the disabled. [TEXT UNREADABLE] They are among the principal planners of the Atlantis Community, a project which would offer the physically handicapped many types of residential living arrangements with services they need available nearby. Carolyn, who has cerebral play which confines her to a wheelchair and distorts her speech, said it was hard to "face speaking out" to rooms full of strangers, but that living with other young adults at Heritage House Nursing Home youth wing has "brought me out a lot." [Subheading] Stayed Inside Shell If Mike Smith, 20, had had his way, he would have stayed inside his shell of poetry writing, reading, and discussing philosophy and listening to music. "I don't like being in politics, but it seems that's the way we have to go,'' Mike explained. " I guess you have to lose a little to get a lot.'' Linda Chism, 27, believes that for the first time, there are enough young disabled people ready and willing to push themselves forward, to speak out, that there is a chance of changing the entire lifestyle of the handicapped. For Mike Smith, those changes may come too late to be enjoyed. [Subheading] Depressed, Angry Mike has muscular dystrophy, a fatal disease. He has spent the past five years in nursing homes, living in one where, at 15, he was punished for breaking rules and being sent to the locked ward for 24 hours at a time. Finally, lonely for friends his own age, depressed at watching his elderly roommate die of cancer, angry at rules which confined him to the small world of the nursing home, Mike attempted suicide. "Luckily, I had no idea how to go about it," he remembers. "I took 20 bowel softener pills and instead of dying just created an incredible mess." For Mike, as for Carolyn, the youth wing at Heritage House is infinitely better than what they had before. But, Mike points out, once the first door that closes any human being away from the rest of the world is opened, that human being will see other doors to open. So it has been for Carolyn, who counted fishhooks for five years in a sheltered workshop before someone recognized her potential. [Subheading] Wants Meaningful Job Now, with a degree in journalism from Community College behind her, Carolyn wants some other things she's not getting out of life. Things like a meaningful job, an apartment of her own where she won't have to keep half her belongings in boxes under the bed, the privacy to entertain friends. "I'm probably living a more active life than I ever have before", she said, explaining that she now edits the youth-wing newsletter and is learning braille so she can tutor blind students. Having come so far, Carolyn's not willing to stop here. Neither is Linda Chism, who has had crippling rheumatoid arthritis for 20 years. Linda has "suffered a lot of surgery and a lot of hard, hard therapy" to become fairly mobile. She has taken three years of courses in biology and psychology at the University of Colorado. She was even offered a full-time job. [Subheading] System Inflexible But the system doesn't allow even the disabled who are capable of supporting themselves to do so, Linda said. If she was paid even minimum wage, she would earn too much and would lose her Social Security benefits. But it would take much more than a minimum wage salary to pay living expenses plus the $150 a month it would cost her to get to work and back. In addition, she would no longer receive Medicaid assistance, and medical bills for someone in Linda's condition are enormous. "Who's going to pay a beginner with no experience that much money?" she asked. [Subheading] Innovative Projects For now, for these and other physically handicapped young adults, the boundaries of their world still don't go far beyond the nursing home walls. But those boundaries will expand dramatically if the young disabled can find support for two innovative projects. One is Project Normalization, a one year pilot study to find out what services young people in nursing homes need to live as normal a life as possible. The project would be conducted at the young wing of Heritage House and is estimated to cost $241,872. The state Department of Social Services has suggested that the pilot project be run by the Department of Physical Medicine of the University of Colorado Medical School. Members of the department now are investigating that possibility. [Subheading] Denied Normal Life "Disabled people are often denied any resemblance of a normal life," the project introduction says. "Because of the segregation they encounter, and the sheltered nature of their early lives, when they reach young adulthood they are incapable of functioning satisfactorily in society and so are banished to nursing homes where the repressive, nonstimulating and socially undemanding environment serves only to multiply their social inadequacies and further depersonalize them. As its creators see it, Project Normalization would begin to to prepare handicapped young adults for the kind of independent living they hope Atlantis will someday offer. [Subheading] Create a Community Atlantis is an ambitious project, planned by a group of both handicapped and able bodied persons, which would create a community of residential units surrounding a hub housing medical, rehabilitative employment, counseling, homemaker, transportation, food and social services. The goal of the community will be to "provide needed services while respecting the individual resident's freedom and privacy," according to the project booklet. For some of the prospective tenants of Atlantis, that goal can't be realized too soon. "I just sort of wish they'd hurry, " said Mike Smith. "Some of us have fatal diseases, you know, I only have two or three years to wait. "