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- 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 (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 (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 (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 (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 (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 (166)
El Paso Herald-Post PHOTO (Herald-Post photo by John Hopper): Of an angry looking protester, Jim Parker, sitting in a manual wheelchair. He has shoulder length hair, a bandana headband, a goatee and moustache, black leather gloves with no fingers, and a black biker t-shirt. He is chained with a white link chain, to the doors of a business and has a sign in his lap, but it's not readable. Caption reads: Jim Parker. a handicapped El Pasoan, readies his placard after chaining himself to a restaurant door Friday. [Headline] Handicapped criticize lack of support By Robert Palomares, El Paso Herald-Post A group of protesters chained their wheelchairs to the doors of the McDonald's restaurant on Piedras Street and I-10 to protest the chain's “lack of commitment” to handicapped people. Before his wheelchair was locked to door handles Friday, El Pasoan Jim Parker said that although McDonald’s provides funding for disabled people, the commitment doesn't include making the restaurants accessible to the handicapped. "McDonald's has raised money for disabled people, but they don't make their restaurants accessible to us” Parker said. “It's like saying, ‘We will give you this money, but you can't eat in our restaurants.”’ he said. “This doesn’t mean they are exempt from providing us accessibility." said Mike Auberger of Denver. Robert Keyser, a spokesman for McDonald's Corp. also was in El Paso for the protest. Keyser said the protesters are not accurate when they say that the restaurants do not provide accessibility for handicapped people. “Since 1979. McDonald’s standard building designs provide accessibility to the handicapped, even though local codes do not necessarily call for it.” Keyser said. "In new construction table heights are considered" Keyser said. “We're not saying the restaurants should be modified overnight," said Bob Conrad, another protester from Denver. “But certainly new construction should have handicapped accessibility plans.” Auberger, Conrad and others have traveled from city to city, protesting at McDonald’s restaurants. The protesters say the height of the tables in the restaurant make it necessary for those in wheelchairs to sit in the restaurant's aisles. “So far, these people have not made an attempt to talk to us,” Keyser said. “These people are using McDonald's to make a political statement. We don't do business as a result of threats,” he said. The atmosphere inside the restaurant remained calm during the protest although customers did not know what was going on. The protesters said they believed the action was successful and after about an hour unlocked themselves and left the restaurant. Keyser said that McDonald's provides accessibility, “and will continue to work on ways to make our restaurants even more accessible, including improvements such as tables that are more convenient for our disabled customers,” he said. - ADAPT (22)
Charismatic Figure Absent - The Denver Post - Friday, August 2, 1974 PHOTO Denver Post photo by Bill Peters: Two thin young men with longish hair wearing sleeveless shirts sit facing a desk in front of them. On the other side, an older man with glasses in shirt sleeves and a tie (Gov. Vanderhoof) faces the two and the camera. One of the guys in wheelchairs has a poster-sign on the back saying "The handicapped are people too! Support [unreadable] RALLY!!! [unreadable]. Caption reads: Gov. John Vanderhoof talks with Gary Van Lake and Vic Stifel. The two men were in group of handicapped persons who visited the governor Thursday. [Headline] Wheel-Chair Group Gets Capitol Sympathy by Rykken Johnson A group of handicapped persons in wheel chairs looking for a “charismatic” figure to champion their cause for better care didn't find one in the governor’s office Thursday. The group, called The Organization of Disabled Adults and Youth (TODAY), met with a shirtsleeved Gov. John Vanderhoof for about 40 minutes to discuss problems faced by handicapped individuals and ways to reduce the difficulties. TODAY asked Vanderhoof for his support in channeling more state funds to improve staff and facilities at nursing homes and institutions for physically, mentally and emotionally handicapped persons. [Subheading] SYMPATHETIC EAR The governor listened solemnly, said he sympathized, reported that the state has been making strides for handicapped persons and will continue to do so, thanked the group for coming and told its members to drive carefully on the way home. None of the wheel-chair visitors as much as smiled at the sendoff from the governor's office. Outside, a couple of them replied with a flat no to a question if they thought they had found a leader for their cause. The meeting with Vanderhoof concluded a two-day rally by about two dozen individuals in wheel chairs from Heritage House and other nursing homes. The rally took place in front of Services, 1575 Sherman St., and the State Capitol. The organization, through seven members who met with Vanderhoof, didn't help its efforts by tying its plea to the employees’ strike at the Colorado State Hospital in Pueblo. Vanderhoof and other state officials have been battling with the strikers and their union for more than a week over pay for the state hospital staff. Although the state gained a court injunction on grounds the strike is illegal, some hospital employees Friday were still observing the walkout. TODAY spokesman Vic Stiefel, 29, told Vanderhoof that TODAY backs the strikers because the organization feels staffing is inadequate and pay too low at state institutions and that state reimbursement through state-administered Medicaid is too skimpy for private nursing homes like Heritage House to be effective. But the governor couldn't make the connection between pay and reimbursements, saying the dispute in Pueblo is a budgetary consideration and the nursing home difficulty a welfare consideration. Furthermore, Vanderhoof said, the state has made a “tremendous movement” to overcome architectural barriers against disabled persons and also is trying to influence the federal government to loosen its guidelines on Medicaid. The governor continued that under his program to restructure state government he is trying to get the state to deal more effectively with problems of the handicapped. [Subheading] 'NOT FAR ENOUGH’ Vanderhoof said the state "has come a long way over the last 8-10 years, but we haven't come far enough or fast enough". He said he would "pledge himself to problems of the handicapped. “We are moving in the proper direction but it's not going to happen overnight", he added. Later, in the governor‘s office, Wade Blank, a Heritage House employee who accompanied the disabled individuals said TODAY members were enthusiastic about chances that Vanderhoof will support “a good medical program." Blank disagreed that pay at institutions and reimbursements at nursing homes aren't connected, as Vanderhoof contended. "No matter what he says,” Wade said, “the state sets the reimbursement rate for the money a home gets.” He said one of the major problems at homes is that staff pay is low, that it doesn't go up very fast and that aides "burn out” in a few months and leave. - 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. " - 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 (100)
Rocky Mountain News, Mon., June 7, 1982 Denver, Colo. p.37 WE’RE ACCESSIBLE! We set our sights on July 1 for increased accessibility. We've beat our goal by nearly a month. During peak hours 50 percent of all Denver-area local service is now equipped with wheelchair lifts. Nearly 100 percent of off-peak local service is now accessible. Please check your schedule for times of lift-equipped buses. Trips will be marked with the wheelchair symbol. If you need special assistance in learning how to use the lift, just give us a call at 628-9000, extension 2118. We are pleased to be able to accommodate our handicapped patrons with expanded service nearly one month ahead of schedule! (signature) L.A. Kimball Executive Director and General Manager 3 PHOTOS (in clockwise order; no credits given). First: A man in a wheelchair sits on a lift into the front door of a city bus. An access symbol is visible by the driver's door of the bus. Second: A woman in a manual wheelchair entering the front of an accessible bus, by the farebox. Three: An RTD bus with RTD "The Ride" written on the side of the bus. In large print at the bottom it says: Striving for the Best Service RTD The Ride - ADAPT (104)
Denver Post Tuesday, January 19th, 1982 Editorials, Opinion, 2, 3 Weather 4 Ski Report, 4 Suit over Bus Lifts Hits RTD By Howard Pankratz, Denver Post Legal Affairs Writer Some of Denver’s handicapped, who believe the Regional Transportation District has broken a promise to install wheelchair lifts on 89 new buses, turned that belief into action Monday by suing the district. In a lengthy brief filed in Denver District Court, seven wheelchair-bound individuals and the Atlantis Community for the disabled accused the district of violating both state and civil law and a settlement reached in federal court several years ago. In that settlement, alleges the suit, RTD agreed that all new buses would have wheelchair-lift equipment. But that promise has been broken, said the suit, which asks that RTD be required to install lifts on 89 new buses due for delivery beginning next year and on all new equipment in the future. The Monday suit is based on RTD’s having contracted for 89 new buses, worth $21.3 million. The suit says that 80 percent of the purchase price is to be paid by the federal government. Originally, said lawyer John Holland, who represents the handicapped, all the buses were to have had lifts to make them accessible to the handicapped. But last November, the RTD board decided not to have lifts installed. The total cost of the lifts would be $1.1 million, with the federal government again paying 80 percent of the cost. The suit alleges that it wasn’t the cost, technical feasibility or the maintenance of the lifts that caused them to be dropped, but rather a decision by RTD to use the new buses on “express bus service” from which the handicapped are to be excluded. This, claimed the wheelchair-bound complaints, blatantly violates the state’s civil rights act. Reacting to that alleged broken promise, handicapped individuals demonstrated on the RTD properly, for three straight days in early January, an action that caused the district to go to court seeking an order banning such demonstrations. However, late last week, Denver District Judge Daniel Sparr told both sides he feared that if he issued a restraining order against the handicapped, it would only widen the gulf between the two sides. He noted that the handicapped had legal avenues to follow if they felt a promise had been broken. On Friday, heeding Sparr’s advice, the two sides reached an accord, whose points will be made public February 2. RTD lawyers Alan E. Richman and Russ Richardson said Monday that RTD has a policy of not commenting on such pending lawsuits. - ADAPT (116)
Denver Post (This article continues in ADAPT 115 but the entire text is included here for easier reading.) "Talk,” Judge Tells RTD, Atlantis By Howard Pankratz Denver Post Legal Affairs Writer Citing what he fears to be increased “polarization” between some of the Denver’s handicapped citizens and the Regional Transportation District, a Denver judge Thursday abruptly halted a hearing involved the two parties, called them into his chambers and asked that they negotiate a settlement to their dispute. The unusual action by Denver District Judge Daniel Sparr came in the midst of a hearing on RTD’s request that Sparr ban some handicapped people from engaging in disruptive demonstrations on RTD property and buses. At all cost, said the judge, he wanted to avoid an “us against them” climate. “It appears it is a confrontation that is not going to do anybody any good,” he said. On January 4, 5 and 6, handicapped individuals, some organized by the Atlantis Community for the disabled, demonstrated at various RTD offices protesting a decision by the RTD Board of Directors not to place wheelchair lifts on 89 high-capacity, articulated buses slated to be added to the RTD bus fleet in 1983. Many of the estimated 16,000 handicapped people in the Denver area feel that the district broke a promise to them when the lifts weren’t provided. Sparr said he felt that if he had to issue a temporary restraining order against the handicapped at the end of the hearing it could only lead to increased polarization and animosity between the district and the handicapped, something he said needs to be avoided. The judge noted that if that order, or subsequent orders were violated, it might result in contempt citations, fines and jail terms for handicapped people. - ADAPT (122)
Denver Post [This article continues on in ADAPT 123, but the entire text is included here for easier reading.] Photo by Lyn Alweis: A short haired man in a jacket and dark slacks [Mel Conrardy] is lifted in his wheelchair from the sidewalk to a bus. The lift comes out of the front door of the bus and has railings on either side of the lift almost as tall as the seated man. Just by the bus door is a sign on the side of the bus that says "RTD Welcome Aboard." Caption: An RTD bus with wheelchair lift provides mobility for Mel Conrardy Title: Leaders of handicapped rate RTD service best in country By Norm Udevitz, Denver Post Staff Writer Disabled Denverites just a few years ago had as much chance of riding a bus as they did of climbing Mount Everest. “It was brutal the way RTD treated us,” said Mike Auberger, an official in the Atlantis Community, for the disabled and a leader in the fight that has turned the Regional Transportation District’s handicapped service around. In the 1970s and early 1980s, RTD busses then rarely equipped with wheelchair lifts, often left wheelchair-bound riders stranded on streets. Drivers, lacking training in dealing with visually or language impaired people, panicked when blind or deaf riders tried to board buses. “It used to be that even in the dead of winter, when it was below zero, those of us in wheelchairs would wait 2 or 3 hours for a bus to finally stop," Auberger recalls. “And often the lift was broken and we couldn't get on the bus anyway. And usually the drivers were rude and angry. They would tell us that we were ruining their schedules." But conditions have changed, Auberger says: “Right now, Denver has the most accessible public transit system for the handicapped — and all the public - in the country." Debbie Ellis, a state social services worker who heads the agency's Handicapped Advisory Council, agrees, saying: “It took a lot of pressure, but RTD has responded and now the bus system is doing a good job of serving the handicapped." Leaders of national programs for the disabled also agree. In fact, the President's Committee on Employment of the Handicapped will bring 5,000 delegates, many of them handicapped, to its national conference in Denver in April. This will be the first time in four decades the group has held its national session outside of Washington DC. “One of the key reasons we're meeting in Denver this year is because it just might be the most comfortable city in the country for the handicapped,” says Sharon Milcrut, head of the Colorado Coalition for Persons with Disabilities, which is hosting the conference. “A very important aspect of that comfort," she notes, “is how accessible the transit system is for the handicapped.” It didn't get that way easily. In the decade between 1974 and 1984, handicapped activists had to pressure indifferent RTD administrators and directors. Each gain was hard won. “We used every tactic in the book, from lawsuits to bus blockades on the street and sit-ins at the RTD offices," says Wade Blank, an Atlantis group director. “The lawsuits didn't help much but when we took to the streets in the late 1970s, I think that's when we started getting their attention." Blank and others also say the 1984 hiring of Ed Colby as RTD general manager helped. Before he arrived, less than half of the 750 RTD buses had wheelchair lifts, which often were in disrepair. Training for drivers to learn how to deal with handicapped riders was minimal. Agency directors resisted change. RTD relied heavily on a costly special van operation called Handyride - a door-to-door pickup service for handicapped. It has cost $13[? glare makes number hard to read] million to run since it began in 1975. “Over the past couple of years the turnaround has been phenomenal," Auberger says. “All of RTD's new buses are being ordered with lifts and older buses are being retrofitted." By 1986's end, almost 80 percent of the bus fleet — 608 of 765 buses — had wheelchair lifts; 82 percent of the fleet's 6,242 daily trips are now accessible for the disabled. Plans call for the fleet to be 100 percent lift-equipped by 1987's end. “The lifts aren't breaking down all the time now, either," Auberger said, noting that agency officials found drivers had neglected to report broken lifts: “That way the lifts stayed broken and drivers had an excuse for not picking us up. A bunch of people were fired over that and others realized that Colby wasn't kidding about improving handicapped service." Driver training also has improved dramatically. “It isn't perfect yet,” Ellis of the advisory council says. "But everyone is working hard at it. What we are finding is that 20 percent of the drivers understand that they are moving people, all kinds of people, and they're really great with the handicapped. “Another 20 percent figure their job is to move buses and to heck with passengers, all kinds of passengers. That bottom 20 percent probably won't ever change. So we're working real hard on the 60 percent in between," Ellis says. Drivers, for example, learn to help blind riders. “That’s an improvement that helps the disabled, but it also helps regular passengers who are newcomers to the city,” Ellis says. All the improvements haven't come cheap. Since 1974, more than $5million has been spent on lifts and lift maintenance, most of the expense was incurred in the last three years. RTD plans to spend $9 million more in the next six years to keep the fleet up to its current standards and pay for more driver training. Another $4 million will be spent on HandyRide service. Ironically, Auberger and Ellis both say one of the biggest problems remaining is getting more handicapped people to use mass transit. “There are no reliable figures," Ellis says. “But we think there are about 20,000 handicapped people in the metro area and only about 200 or 300 are using buses on a regular basis." Auberger, confined to a wheelchair after breaking his neck in an accident ll years ago, complains: “The medical system builds a bubble around handicapped people and makes them think they have to be protected. "That's just not true in most cases. So one of the things we're doing now is educating the handicapped to overcome their fears. We've finally got a bus system that works for us and we want the disabled to use it." Photo by Lyn Alweis: A rather straight looking man [Mel Conrardy] in a white jacket, big mittens, and a motorized wheelchair, wears a slight smile as he rides the bus. Someone in a dark jacket stands beside him, and behind him, further back on the bus, other riders are sitting on the bus seats. Caption reads: A bus seat folds up to anchor Mel Conrardy's wheelchair to the floor. Conrardy commutes to work at the Atlantis Community.