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- ADAPT (569)
Disabled occupy House offices; 59 are arrested By Frank Wolfe and Sonsyrea Tate The Washington Times 3/15/90 About 300 disabled demonstrators from 40 states occupied two congressional offices and the House Judiciary Committee room in the Rayburn House Office Building for about five hours yesterday before Capitol Police began making arrests. The participants at times discarded wheelchairs and dropped to the floor in one representative's office as part of their demonstration for passage — without weakening amendments — of the Americans with Disabilities Act. Last night, 59 persons were arrested for unlawful entry when they refused to leave the building after the House ended its session about 8 p.m., Capitol Police said. The rest of the demonstrators left peacefully. Police, some wearing optional rubber gloves, carried the demonstrators out. The protest began about 3:15 p.m. when the activists, including 101 arrested Monday in the Capitol Rotunda, occupied the offices of Reps. Hamilton Fish Jr., New York Republican, and Bud Shuster, Pennsylvania Republican. Members of the group also occupied the meeting room of the Judiciary Committee, which is slated to consider the bill. It has passed the Energy and Commerce Committee by a 40-3 vote. But one of the amendments would make flexible the requirement that mass-transit authorities provide lift-equipped transportation for disabled people. Authorities could choose instead to provide “paratransit" services such as minivans. Protest leaders are concerned that such flexibility would lead to “segregated busing" in many states, said Mike Auberger, co-founder of American Disabled for Accessible Public Transportation and one of the protest organizers. Mr. Shuster was in a meeting of the House Select Committee on Intelligence yesterday afternoon and belatedly learned of the protest. Mr. Fish, ranking minority member of the House Committee on the Judiciary, offered his support for the bill with no weakening amendments and said he would use all measures available to him to defeat any such amendments, according to Ed Tessier, a quadriplegic who helped to organize the protest. Those assembled in Mr. Fish’s office then left. Later in the afternoon, demonstrators occupied Mr. Shuster‘s office, demanding to see the congressman and hoping to make it difficult for staff employees to leave. Mr. Shuster, a member of the House Public Works and Transportation Committee, acknowledged the demonstrators’ grievances and said the proposed transportation budget is severely lacking in money allotted for mass transit. “My heart goes out to them," the congressman told The Washington Times in a telephone interview. “I'm in a unique position. My mother was a double amputee in a wheelchair. I have more intimate experiences with the plight and problems of the disabled than perhaps any other member of Congress." The bill is slated for two other House committees, the House Committee on the Judiciary and the House Committee on Public Works and Transportation — committees the two congressmen sit on - before reaching the floor of the House. Mr. Shuster said that 100 percent federal mandate" wheelchairs would add 10 percent to the cost of buses and would provide “zero accessibility" for the thousands of disabled who need more comprehensive para-transit services, such as the minivan to transport them to bus stops. "This is a feel-good bill," he said. “There is no money accompanying the bill to pay for the costs it is proposing." He cited New York City, where he said there is, on average, one wheelchair rider per 19 buses, as an example of the need for a mix of lift—equipped buses and paratransit services. If there is a federal mandate on lift-equipped buses, he said, there would be a reduction in services for handicapped riders and for the general public. - ADAPT (544)
Photo by Tom Olin: A man (Dorian Smothers) in a motorized wheelchair sits with his hands in his lap, with a pensive look on his face as he looks down to his left. Two policemen hold onto his wheelchair and others stand behind them. Behind them several protesters stand between police cars. - ADAPT (533)
The Washington Times Wednesday, March 14, 1990 Handicapped protesters arrested The Associated Press Demonstrators in wheelchairs were arrested in the U.S. Capitol yesterday after confronting House leaders with demands for quick passage of legislation guaranteeing them civil rights protections. A crowd of more than 100 disabled demonstrators threatened civil disobedience and interrupted House Speaker Thomas Foley and House Minority Leader Robert Michel as the congressional leaders tried to speak over the din in the cavernous Capitol Rotunda. After the congressmen left, about 70 disabled people assembled in the center of the Rotunda and began chanting in an attempt to provoke arrest. Capitol Police, standing nearby, encircled the protesters and began taking them into custody. Outside the Capitol, police began placing the protesters - most in Wheelchairs - into several government owned vans. The demonstrators were being charged with unlawful entry and demonstrating within the Capitol, said Capitol Police Officer G.T. Nevitt. The first charge carries a maximum sentence of six months in jail and a $100 fine; the second, six months in jail and a $500 fine. “It is a priority for passage in this session of the Congress," Mr. Foley shouted over catcalls from the protesters. “l am absolutely satisfied it will reach the floor. we will have a conference with the Senate and it will become law." “Will it be on the floor in 24 hours? No," Mr Foley added in a statement greeted with a chorus of boos. “I am not going to set an artificial deadline that prevents the committees from sending a bill to the floor that they can defend," he said. It was the second day of lobbying by the disabled. On Monday, dozens of people crawled out of their wheelchairs and up the steps of the Capitol to dramatize their demands. The focus of the protest was the Americans with Disabilities Act, which was passed by the Senate last year but has bogged down in the House, despite widespread predictions of its ultimate passage. The measure would outlaw discrimination based on physical or mental disability in employment, access to buildings, use of the telephone system, use of public and private transportation, and other situations. The Capitol has ramps for wheelchair access to two of its entrances and ramps and elevators inside to enable people confined to wheelchairs to get around. During the midday face-off in the Rotunda, Mr. Foley sought to assure the disabled that House leaders “want to see that this bill has the greatest possible support and will reach the president's desk in a way that he can sign it." Mr. Michel told the crowd he had broached the issue earlier yesterday in a meeting with President Bush at the White House. He acknowledged that the disabled community “is getting a little bit impatient because the wheels of Congress are not moving fast enough." Although the Bush administration and congressional leaders support the bill, some have begun questioning the administration's commitment in recent weeks. White House Press Secretary Marlin Fitzwater denied its support was slipping and said the administration was negotiating with key members of Congress. "We do support the legislation," Mr Fitzwater said. “We‘re very supportive of their rights and their cause." - ADAPT (532)
3/14/90 100 Disabled Arrested on Hill by Stephen Buckley, Washington Post Staff Writer About 100 persons with disabilities were arrested in the Capitol Rotunda yesterday during a demonstration calling for greater rights for the handicapped, U.S. Capitol Police said. Most of those arrested were members of American Disabled for Accessible Public Transportation, a Denver-based organization that plans protests in Washington throughout the week to bring attention to the Americans with Disabilities Act. The measure was passed by the Senate last September and is being considered by the House. Yesterday's arrests occurred after about 150 members of ADAPT listened to House Speaker Thomas S. Foley (D-Wash.), House Minority Leader Robert H." Michel (R-Ill.) and Rep. Steny H. Hoyer (D-Md.) discuss the disabilities act. After the lawmakers spoke to them, the demonstrators began chanting. They were asked to leave the rotunda, but refused, said Greg Nevitt, a U.S. Capitol Police spokesman. Those who did not leave were arrested, he said. Hoyer is the chief sponsor of the Americans With Disabilities Act, which seeks to bar discrimination against those with disabilities in several areas: private sector employment, public accommodations, services provided by state and local governments, telecommunications and transportation. Nevitt said those arrested were charged with demonstrating in the Capitol rotunda and unlawful entry. They are slated to be arraigned in D.C. Superior Court tomorrow. - ADAPT (482)
Rocky Mountain News [ Headline] 30 disabled activists arrested Protest at Radisson aimed at transit group gathering By LEROY WILLIAMS JR. Rocky Mountain News Staff Writer Police yesterday arrested about 30 disabled activists who disrupted a national transportation conference at the Radisson Hotel in downtown Denver by blocking the hotel's front doors with wheelchairs. The midmorning protest by members of ADAPT, American Disabled tor Access to Public Transit, came on the opening day of a symposium sponsored by the U.S. Urban Mass Transportation Administration. Protesters chanted, sang and cheered as a half-dozen Denver police officers carried off the protesters, about 27 of them in wheelchairs, in specially equipped vans. The job was made more difficult for police by protesters who wheeled in front of the vans to block them. And officers used wire cutters to free three protesters who chained themselves to railings. Police Capt. Roger Kaspers said the arrested were cited for obstruction of access to a business and a public sidewalk. He said they were not jailed. ADAPT’s national strategy of blocking bus companies and public transit operations that lack equipment for the handicapped is not new. But members said it was the first time they had protested against UMTA. At issue is an appeal by the U.S. Department of Transportation, of which UMTA is a part, of a federal court ruling requiring all public transit agencies to equip their buses with wheelchair lifts. The order was theresult of a lawsuit brought by ADAPT. "We view that (appeal) as a hostile action" said ADAPT activist Maureen O'Rourke, who said the process would be delayed by four or five years. "We are tired of winning lawsuits and never getting them implemented." In an interview later yesterday, outgoing UMTA administrator Alfred A. DelliBovi defended the appeal, saying the agency prefers to leave transit agencies’ decisions on equipment for the handicapped to local agencies. DelliBovi lauded Denver's Regional Transportation‘ District, which has so far awarded $40 million in bus operations contracts, as a pace-setter in that area. He also said one of his last acts — or his successor's first -- will be to sign over about $65 million to help pay for construction of a busway along Interstate 25 north of Denver. DeliiBovi, who is soon to become undersecretary of the Department of Housing and Urban Development, repeated the theme of his keynote address and of the symposium: Dwindling federal resources means local transit agencies must figure out ways to save money by involving the private sector. The symposium ends today. - ADAPT (413)
[This artlice continues in ADAPT 412, but the entire text is included here for easier reading.] PHOTO 1: A group of protesters in wheelchairs, in a rough line, head down the street toward the camera. In front and to one side a policeman on a motorcycle/trike. Caption: ADAPT demonstrators, with police escort, on their way from the Arch to Union Station, via Market Street PHOTO 2: Four protesters in wheelchairs block a flight of stairs in a lobby type area as people walk by. From left to right they are Ryan Duncan, Heather Blank, unknown protester, and Wayne Spahn. Caption: Demonstrators blocked access to stairways in Union Station, trying to force a confrontation with APTA officials. [No Title or author or publication given for this article on the clipping. It does not appear be the start of the article.] "They bill it as door to door service, but it does crazy things like, if you want to go from west county to the city, it will pick you up but leave you at the city-county line." Bi-State plans to expand the service in December by adding 11 lift-equipped vans and extending the service into the city. The system will also extend its hours of operation, to 6 a.m. to 7 p m. Its use in the city limits will be limited to disabled passengers, Plesko says, and, with the extended hours, disabled workers will be able to use the service to get to their jobs. While some other cities are making similar (or greater) progress — San Francisco, for one, has lifts on every one of its buses — things are still moving too slowly for the members of ADAPT. And they blame the slow pace on APTA. (ADAPT members who came to St. Louis this week stressed that they were here because of their quarrel with APTA and were not here to demonstrate against Bi-State. They said they approved of the plans Bi-State had made for the achievement of 100 percent accessibility, but nonetheless questioned the slow pace at which that was occurring.) The fight between ADAPT and APTA has its roots in the 1970s. During the Carter administration, the Department of Transportation (DOT) issued rules requiring transit systems to have at least half of their buses equipped with wheelchair lifts. Those regulatioms came out of the Rehabilitation Act of 1973, a landmark federal law that many in the disabled community point to as being equivalent to the Civil Rights Act of 1964. But APTA filed suit against DOT for its regulations and a federal court upheld APTA's argument for "local option," that is, allowing individual transit authorities to decide how they would comply with the spirit of the regulation requiring adequate accessible transportation for the disabled. Says APTA's Engelken, "These decisions are best made locally, because the local transit systems understand the needs of their passengers. For example, it would not be feasible to have a transit system for the disabled based on 100 percent lift-equipped buses in Fargo, North Dakota, because in the winter it would be almost impossible for someone in a wheel chair to get to a bus stop and wait for a bus. Able-bodied people have enough trouble (there)." Says Bob Kafka, another ADAPT leader, "(That) is one of the arguments people use for not providing transportation. They say, 'People in a motorized wheelchair can't get there, so why provide (accessible buses)?' But do you know what a person in a motorized wheelchair has to do to get to the bus stop? He has to hit a joystick. Little old ladies cleaning people's homes for years, with fallen arches, and having to carry shopping bags, no one has ever said we need special transit for them. But a disabled person who has to hit a joystick to operate his wheelchair, we need special transportation for them because it’s too cold, too snowy, too hilly, too wet, too this. "It's like were going to break, were going to fall apart." ADAPT sees APTA's insistence on local option as an attempt by the group to foster so-called "separate-but-equal” transportation systems. They say that APTA is attempting to segregate transit systems; keeping disabled passengers out of the mainstream system. ADAPT was formed in 1982 in Denver by Auberger and a handful of other members of that city's disabled community. It was put together because APTA had scheduled a convention for Denver and APTA's resistance to 100 percent accessible main-line public transportation for the disabled made the trade organization the moral equivalent of "the Ku Klux Klan and the Nazi party" for disabled Americans, Kafka says. Thirty demonstrators showed up at the first protest, and there have been eight subsequent protests, all at APTA regional or national conferences. The demonstrators model their actions after the non-violent civil rights activists of the 1960s. They block access to buses: they block access to the APTA convention sites. Some, including Auberger, chain themselves to buses or to doorways. The aim is arrest and the accompanying media attention. Auberger has been arrested at least 30 times by his own count, including this past Sunday at the Omni Hotel. ADAPT's militant tactics have drawn criticism from several corners, including others who work in the disabled community. "While we agree with the goals and-objectives of accessibility for disabled persons, we don't agree with the tactics of civil disobedience or confrontation as a means to achieve those objectives," says Ginny Weber, assistant to Deborah Phillips, the commissioner of the city's Office on the Disabled. "There are other ways to get things done," she says. "You can go through the legislative process. You can conduct public awareness campaigns. Over the last 10 years, some progress has been made. To change conditions that have been in existence for a long time takes a while. You have to just stay in there' and keep working towards it." Sheldon Caldwell, executive director of the St. Louis Society for Crippled Children, agrees. "I don't think it pleads our case well to have a group with a disruptive militant attitude. This is my personal opinion: I haven't polled my staff on this, but I don't think disruption is ever the way to go about it. But others are not as harsh in their judgment. "I take a different position (from those who criticize ADAPT)," says Paraquad's Tuscher. "I have the point of view that there are many ways to get from where we are to where we want to go. We're more likely to use negotiation, legislative action, legal action, public relations campaigns. Confrontation is not one of our methods, but I don't think it's my place to judge (ADAPT). Let history judge: let history prove whose method is the right one." About the criticism from within the disabled community, ADAPT's Kafka says, "Those who are in power are not going to give it up to you willingly. Without the push of civil disobedience, even the Civil Rights Act would never have come about." Says Auberger, "(Negotiation and public relations campaigns) delay the justice. It's not perceived as delaying justice, but it is. They are doing harm to their disabled brothers and sisters by saying, 'I don't support their tactics, but I do agree with their position.— Because other groups for the disabled receive so much financial support from corporations, they are less willing to be as direct in their demands as is ADAPT, he says. "They will eat a lot of garbage just to get half the loaf. "If you're going to change things, you have to get rid of the notion right away that you are going to be someone's friend," he says. "Be-cause someone is going to want something different than you do. The city of St. Louis and I will never be friends. The police and I will never be friends, but I won't lose any sleep over it. I know when I leave here, people will be talking about this issue in a way it hasn't been talked about before and something might change. "You look at demonstrators in history. Go back to the civil rights movement. The blacks who demonstrated weren't seen as 'nice.' If you go back further, to the women's suffrage movement, those women who wanted the right to vote weren't seen as mom and apple pie. But typically people who have been vocal about their rights are never perceived as being nice." PHOTO 1: Two men, one a plain clothes policeman and the other the bus driver, load a man in a scooter onto an accessible bus as several other people in suits and uniforms look on. Caption: St. Louts police arrested 41 demonstrators at the Sunday protest by ADAPT at the Omni. PHOTO 2: A man (Mike Auberger) with his hair pulled back tightly, wearing glasses, a beard and an ADAPT no steps T-shirt, sits in a long hall with bars of light on the walls and ceiling. He holds up his hands, fingers permanently folded at the first joint, guesturing as he speaks. He has a chest strap to hold him in his motorized wheelchair. Caption: Mike Auberger, one of the founders of ADAPT - ADAPT (272)
Detroit Free Press 10/9/86 PHOTO by Damon J. Hartley/Detroit Free Press: Two men in wheelchairs sit side by side but facing in opposite directions. One man, in a sports chair, who is dressed mostly in light colored clothes, has a bushy crop of dark hair and a mustache and beard (Bob Kafka). The other, in a more conventional manual chair without armrests, is dressed in dark clothes and has a headband and long hair and beard (Jim Parker). Bob has his inside arm up and his hand on Jim's shoulder. Behind them four uniformed police officers watch. Caption reads: Another Arrest James Parker, left, of El Paso, Tex., is greeted in front of Detroit police headquarters by fellow ADAPT member Bob Kafka, of Austin. Tex., after Parker’s arrest Wednesday on disorderly conduct charges. Thirteen handicapped protesters were released on personal assurance bonds Wednesday. They were among 37 members of the Denver-based group American Disabled for Accessible Public Transportation arrested Tuesday. The group is seeking lifts on all buses. - ADAPT (151)
[Headline] A Wheelchair Protest Blocks Access to Transit Convention (AP) Photo: A man in an old style motorized wheelchair (Mike Auberger) with long hair sits a half a body length above several people standing on the ground. His mouth is open in a yell and his arms are flung wide. Caption reads: A wheelchair-bound protester is arrested and put aboard a lift-equipped van by Washington DC police. The unidentified man was among some 20 people arrested for blocking entry to the convention center where the American Public Transit Association meeting opened yesterday. Article reads: Public transit officals, opening their annual convention yesterday, were greeted with a wheelchair protests by about 100 disabled demonstrators who demanded that more be done to provide them access to buses, trains, and subways. About 20 people were arrested for breaking police lines after the protesters, linking wheelchairs blocked two entryways to the convention center where the meeting of the American Public Transit Association was under way. Jean Stewart of Poughkeepsie N.Y. who parked her wheelchair with others at the convention door, said they were trying to demonstrate that “disabled people across the country have a civil right to public transportation. As the protesters chanted outside the hall, Transportation Secretary Elizabeth Dole, addressing the transit officials inside said she is confident “we can meet our responsibility toward our disabled citizens” and “provide the mobility they require and deserve.” Last year the Transportation Department begin developing new regulations to allow local authorities to provide alternative transportation such as door-to-door van service- instead of modifying buses or train to accommodate the handicapped.