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Accueil / Albums / Tags civil rights
+ discrimination 3
ADAPT (601)
THE DENVER POST / NATIONAL Friday: September 9, 1989 [Headline] Senate approves bill to guarantee rights of disabled By Knight-Rldder News Service WASHINGTON — An estimated 43 million America with disabilities won a major victory last night as the Senate approved a landmark bill aimed at moving them into the nation’s social and economic mainstream. The Senate, on a 76-to-8 vote, passed legislation that would extend for the first time sweeping civil rights protections to persons with hearing impairments, epilepsy, AIDS and dozens of other physical and mental disabilities. The measure, which now goes to the House for expected approval, would ban discrimination in the hiring of the disabled; require businesses, shops and transit systems to make their facilities more accessible to the wheelchair-bound; and force telephone companies to provide special operators for the deaf. The bill was endorsed last month by President Bush, and administration lobbyists joined advocates for the disabled yesterday in opposing efforts to modify the legislation to meet business objections that it will be too costly to small firms. Business leaders warned that the measure could put some employers out of business if.they were required to make expensive structural changes in their buildings to accommodate disabled customers and workers. Critics also said the compliance provisions of the bill were vague and would result in years of litigation in federal courts over what constituted discrimination against the disabled. Major provisions of the Americans with Disabilities Act would: * Prohibit employers from discriminating against qualified job applicants with disabilities. Changes to accommodate the disabled in the workplace would be required unless they would cause an “undue hardship," a term critics say is too vague. * Require new business establishments to be accessible to the disabled and require existing establishments be made accessible if the alterations are “readily achievable." * Require new buses and trains to be equipped with wheelchair lifts. * Require telephone companies to provide operators who could relay messages from the deaf to hearing individuals. Deaf persons can communicate with each other by telephone now by using Telecommunications Devices for the Deaf (TDDs), but can't communicate with people who don't have the TDDs. “We’re not asking for special treatment," said Pat Wright, government affairs director of the Disability Rights Education and Defense Fund Inc. “Whether it’s putting a ramp in or providing a reasonable accommodation in employment, it makes you equal, not special." The bill, as originally written, would have exempted Congress from its provisions — but that exemption was deleted during debate. And in another concession to the intense interest of the disabled in the measure, the Senate for the first time allowed an interpreter using sign language to translate the televised proceedings of the floor debate so that the deaf and hearing impaired could follow the action. Extending civil rights protections to people with AIDS or the AIDS virus had been recommended by a Reagan administration commission on AIDS, but was opposed by President Reagan himself. Bush, however, has supported the protection. The bill bars employment discrimination against persons with AIDS but does permit employers to deny jobs if the employee poses a significant risk of transmitting the infection to others. However, homosexuals are not covered by the legislation. They can still be discriminated against solely on the basis of their sexuality. After an inquiry by Sen. Jesse Helms, R-N.C., sponsors agreed to delete transvestites from nation protections. Helms also raised questions about providing protection to schizophrenics, manic-depressives and psychotics, but their status remained intact in the measure.
ADAPT (595)
US NEWS AND WORLD REPORT Sept. 18, 1989 [This story appears in ADAPT 595, 590 and 602. It is included in its entirety here for ease of reading.] [Headline] Liberation day for the disabled by Joseph P. Shapiro Forty-three million will soon win basic civil-rights protections. Their growing movement has brushed aside the opposition and is changing America The day before the Senate passed historic legislation to protect the civil rights of disabled people, Mary Jane Owen got another rude reminder of the daily discrimination that faces people like her. Owen, a writer who is blind and uses a wheelchair, was lobbying senators for the disability-rights bill. But when she moved onto Constitution Avenue to go home, a taxi driver at curbside sped away rather than pick up a woman in a wheelchair. It is similar acts, repeated hundreds of thousands of times a day to the nation's 43 million disabled, that fueled an angry political movement that has brought the nation to a path-breaking moment. In a few weeks President Bush is expected to sign the Americans with Disabilities Act, a broad statement that will extend to the disabled the same protections against discrimination that were given to blacks and women in the 1960s and 1970s. The Senate passed the measure 76 to 8 last week, and the House is likely to approve it next month. The bill is a profound rethinking of how this country views disabled people, defined as anyone with a physical or mental impairment that "substantially limits" everyday living. For the first time, America is saying the biggest problem facing disabled people is not their own blindness, deafness or other physical condition but discrimination. The bill, says Senate sponsor Tom Harkin (D-Iowa), is "an emancipation proclamation for people with handicaps" that will fundamentally change their lives, getting more of them out of their homes and institutions and into full participation in society. Under the new law, restaurants, stores, hotels and theaters can no longer turn away a person with cerebral palsy, epilepsy, AIDS or any other disability. Employers would be prohibited from rejecting qualified workers just because they are disabled, and they would be required to fashion generally inexpensive modifications to the workplace to make it accessible to the disabled, such as putting a desk on blocks to raise it for a wheelchair user. It would also require that new buses be equipped with lifts so that wheelchair users could get on public transit. New buildings, or those undergoing major reconstruction, would have to be made accessible to disabled people, with elevators installed in shopping malls and new structures higher than two stories. Telephone companies would have to hire operators who could take a message typed by a deaf person on a Telecommunications Device for the Deaf (TDD) and then relay it orally to a hearing person on another phone. [Subheading] Cost of Access. Businesses, particularly small ones, are wary of the changes. John Sloan, president of the National Federation of Independent Business, complained that the bill will impose costly requirements on businesses" and is "so broadly written" that it is unclear how far, and to what expense, a business will have to go to avoid being open to a lawsuit. Sponsors of the bill said estimates that its implementation might cost billions of dollars were wildly exaggerated. Past experience shows they may be correct. When Congress in 1973 protected disabled people from discrimination by institutions that receive federal funding, North Carolina education officials estimated it would cost them $15 billion to make state university buildings accessible, says architect Ronald Mace of Barrier Free Environments. Instead, many changes were simple and cheap. To accommodate students in wheelchairs, classes were moved to ground floors rather than installing elevators to carry them to top floors. The cost so far has totaled $l5 million, says Mace. Similarly, a 1982 study for the Labor Department found that half the accommodations made in the workplace cost little or nothing. For example, it was easy for companies to change a wheelchair user's work hours to conform with the schedule of lift-equipped buses. Another 30 percent of the accommodations were achieved for between $100 and $500. That included such changes as giving a telephone head-set to a quadriplegic telephone operator. Despite the concerns of business groups, their opposition to a bill that would open them up to a new spate of lawsuits was surprisingly muted and not nearly as vociferous as their fight against the 1964 Civil Rights Act. For one thing, no one wanted to look like a bigot fighting a civil-rights bill, particularly one that was rushing through Congress. More important, businesses in the last few years have seen disabled people as a new source of labor and customers. “If they can get to the stores, business is going to increase" says the U.S. Chamber of Commerce‘s Nancy Fulco, who nonetheless lobbied to limit the rights bill's impact on business. [Subheading] Hidden Army. The mixed feelings of business groups underscored how disability rights is a civil-rights movement different from any other. Unlike the black and women's movements, disability-rights groups have never filled the streets with hundreds of thousands of marchers. Instead, the disability movement boasts “a hidden army,“ says former Representative Tony Coelho, who has epilepsy. Since a fifth of the nation's population has some form of disability, ranging from mental retardation to severe arthritis, Coelho argues, “disability impacts practically every family.“ Nowhere was that clearer than in Congress and the White House. where key supporters of the rights bill felt a particular need to win the bill‘s passage because they personally know about disabilities. Most important was President Bush, who has two sons with disabilities. Bush's strong statements in support of the bill during the 1988 campaign won him important support in the usually Democratic disability community. Nevertheless, the rights bill was in trouble until mid-June because of business fears about its cost. Then, on the day he left Congress, Coelho called Bush to ask him to renew his commitment to the bill. Within a few weeks, White House Chief of Staff John Sununu convened a strategy session with key senators to negotiate a compromise. That was easy to achieve once sponsors agreed to the White House request they drop the provision that would have allowed the disabled to sue for punitive damages if they were discriminated against. a provision that was the most opposed by business lobbies. From that moment, the compromise bill has been on a fast track. The success of the disability movement is extraordinary because it sprang up with little noise and little notice. One essential ingredient has been the growth of a new class consciousness among the disabled. Seventy-four percent of them feel they share a “common identity” with other disabled people, and 45 percent argue that they are “a minority in the same sense as are blacks and Hispanics,” according to a 1985 poll by Louis Harris & Associates. “All disabled people share one common experience—discrimination,” says Pat Wright of the Disability Rights, Education and Defense Fund. Often it is crude bigotry. In January, an airline employee in New York who resented having to help a 66-year-old double amputee board a plane instead threw him on a baggage dolly. A New Jersey private-zoo owner a few summers ago refused to admit children with Down syndrome to the monkey house because, he claimed, they upset his chimpanzees. It is that kind of outrage and countless more subtle discriminations that fueled the movement that now wants to change the image of the disabled. Many now reject the traditional attitudes of society that suggested their lives were tragic and pitiful. Many now loathe charitable appeals such as the annual Jerry Lewis Telethon that raised $42 million for the Muscular Dystrophy Association over Labor Day weekend. Such extravaganzas seek funds by emphasizing the most desperate cases. That kind of approach, activists say, suggests that disabled people are to be cared for and cannot be contributing members of society. “We don’t want to be dependent any more,” says Lex Friedan of the Institute for Rehabilitation and Research Foundation in Houston, who is a quadriplegic wheelchair user, the result of an automobile accident. “We want to be part of society in every way.” Such new attitudes reflect fundamental changes in the lives of disabled people. Since 1975, when federal law first ensured all disabled children access to schools, hundreds of thousands of disabled students have gotten a better education alongside nondisabled peers. Many grew frustrated after college, when they found there were few such protections to help once they tried to find jobs. A recent Census Bureau study concluded that the gap between the earnings of disabled and their nondisabled co-workers is growing. A disabled worker in 1987 made only 64 percent of what his nondisabled colleagues earned. In 1980, it was 77 percent. The 1985 Harris survey found that 70 percent of working-age disabled people were unemployed. Of those, two thirds said they wanted to work but were prevented from doing so because, among other reasons, they faced discrimination in hiring or lacked transportation. Those who do not work now collect federal disability and welfare checks, costing nearly $60 billion a year. “It doesn’t make sense to maintain people in a dependency state when those people want to be productive, tax-paying citizens,” argues Jay Rochlin of the President’s Committee on Employment of People with Disabilities. Although no one knows precisely how many millions of dollars could be saved by bringing the disabled fully into the work force, Sylvia Piper, an Ankeny, Iowa, mother, says she saved taxpayers $4.8 million by ignoring physicians who urged her to institutionalize her retarded son, Dan, when he was born. Instead, she kept him at home and sent him to public school with non-disabled children, the kind of role models who inspired him to get a job this summer. Dan, now 18, saved $800 from his pay as a drugstore stockroom worker. His first purchase was a gray bedroom rug, upon which he slept the night it arrived. The next morning he was ready for work early and announced, “I've got to work harder and make more money." Once again, says his delighted mother, Dan grew when faced with a challenge. The nation’s changing demographics have added to the urgency of meeting the needs of the disabled. By 1990, there will be 6.2 million elderly Americans with one or more basic disabilities, up from almost 5 million in 1984, according to estimates by the Urban Institute, a research organization. And the explosive growth of the number of those with AIDS and HIV infection has already added hundreds of thousands more disabled to the population. That is why AIDS-policy advocates teamed up with disability groups to make sure civil-rights guarantees under the bill also applied to those with AIDS. People with AIDS had won federal court rulings protecting them under existing disability-rights laws, which apply only to federally funded programs. The new bill will expand that protection to the private sector, so that people with AIDS and HIV infection cannot be fired from jobs or denied service in restaurants. [Subheading] Galvanizing Issue. Along with being better educated and more independent, the new generation of disabled people has become more politically sophisticated. Some 200 independent-living centers, which have sprung up since the 1970s to provide a mix of counseling and support services to severely disabled people, became bases of advocacy. One galvanizing issue came in the early 19805, when a Reagan administration anti-regulation effort tried to eliminate key federal protections that prohibit discrimination by any program or contractor receiving federal funds. Negotiating sessions over the regulation first brought then Vice President Bush face-to-face with Evan Kemp, who headed Ralph Nader’s Disability Rights Center. The regulation was never changed, in part because of Kemp’s advocacy and growing friendship with Bush. Last week, the President named Kemp, a member of the Equal Employment Opportunity Commission since 1987, to chair the civil-rights agency, which will handle job-discrimination cases brought under the new law. The disability-rights movement is distinctive, too, because it has never had a Martin Luther King or a Betty Friedan to lead it. Part of the reason is that there are hundreds of different disabilities. Nonetheless, disabled people, such as student protesters who last year gave Gallaudet University its first deaf president, I. King Jordan, are now adopting on a small scale the protest tactics of the civil-rights movement. Thirty members of American Disabled for Accessible Public Transportation, which uses tactics of civil disobedience, on Labor Day backed their wheelchairs against buses at the Los Angeles Greyhound terminal and disrupted busy holiday traffic in a protest for wheelchair lifts on buses. As the historic legislation was being debated, there was a curious twist. Watching with interest was a paraplegic visitor from Moscow, Ilya Zaslavski. He made history earlier this year when he won election to the new Soviet national legislature, the first person anywhere in the world to run as a disability candidate. Zaslavski watched the work of Congress and announced plans to introduce SDA—-a Soviets with Disabilities Act. INSERTED TEXT BOX: THE COST FACTOR Businesses are concerned about the costs imposed by the civil-rights bill: BUILDINGS: The cost of making accessible new buildings and those existing structures that are undergoing major renovations runs between 0 and 1 percent of building costs. TRANSIT: Changes required of bus and transit systems to help the disabled over the next 20 years might cost several hundred million dollars. PHONES: It will cost $250 million to $300 million a year to hire operators to work relay systems so deaf people can communicate with those who can hear, according to federal and AT&T estimates. INSERT: PHOTO (Roberta Barnes -- San Antonio Light): A line of people in wheelchairs diagonally crosses the picture. In the front Lonnie Smith Archuleta with his buff physique, in a T-Shirt with a medal-like imprint on the front, wheels his sports chair. Behind him a slight woman (Diane Coleman) with very thin arms and leg braces on her extended legs, rolls her power chair with a flag attached. She wears a straw hat, red ADAPT no steps T-shirt and long red skirt, across which she wears a sign reading "Gentler -n- kinder nation??" Behind her another woman in a power wheelchair (Linda Johnstone) wears a different red ADAPT T-shirt and a sign across her knees reads "We Need a Ride To Work." Behind her is another large woman in a wheelchair (Mary Kay Sanders) in dark sunglasses and a white dress; she carries a white parasol and appears to be chanting. Over the top of the parasol another sign (held by someone walking but obscured from view) written in calligraphy can be seen: "Access is a Civil Right." The line bends back and around out of view. Caption reads: Countless Frustrations. Angry protesters in San Antonio wheel through the streets to protest the lack of accessible public transportation.
ADAPT (296)
Handicapped Coloradan Volume 9, No. 3, Boulder Colorado October 1986 [There are two articles included here.] Headline: Rosa bows out at last minute PHOTO: by Melanie Stengel, courtesy of UPI Three uniformed police officers surround a woman in a scooter (Edith Harris) and hold her arms. They are in front of a city bus, and behind them you can see a fourth officer and a city building. The caption reads: EDITH HARRIS, 62, of Hartford, Conn., is arrested by police during demonstrations in Detroit in early October. Harris, a grandmother who lost her legs to diabetes, was in Detroit to picket the national convention of the American Public Transit Association (APTA). Harris has participated in similar demonstrations in Washington, D.C, and Los Angeles, Calif. She was also arrested in both those cities. Ironically, Harris compares herself to Rosa Parks, the black civil rights leader who decided at the last minute not to participate in the Detroit transit demonstrations. Title: Blacks blast ADAPT [This article continues in ADAPT 288 but the entire text is included here for easier reading.] Civil rights heroine Rosa Parks shocked disabled groups when she said at the last minute that she would not participate in any actions protesting Detroit's lack of accessible public transit. “We do not wish any American to be discriminated against in transportation or any other form that reduces their equality and dignity," Elaine Steele an assistant to Parks, said in a letter dated Oct. 3 and delivered to Wade Blank, co-founder of the American Disabled for Accessible Public Transit (ADAPT). "However," we cannot condone disruption of Detroit city services." Parks had said she would appear at a Sunday, Oct. 5, news conference and possibly lead a march across Detroit. Steele said that Parks "supports active peaceful protest of human rights issues, not tactics that will embarrass the city's guests and cripple the city's present transportation system.“ Blank said he asked Steele how their tactics differed from those used by Parks and other blacks to fight segregation in the South in the 1950s and 1960s but she was unable to provide him with a satisfactory answer. Parks is credited with igniting the civil rights movement when she refused to give up her seat to a white man on a Montgomery, Ala. bus in 1956. Parks' defiant action caused a Montgomery minister, Martin Luther King, Jr. to organize a black boycott of that city's buses. Detroit Mayor Coleman Young and CBS newsman Ed Bradley — both black -- were scheduled to address the national convention of the American Public Transit Association (APTA) and reportedly asked Parks not to embarrass them by participating in the ADAPT action. Blank said that Parks had wavered once or twice in the weeks before the convention, but that he had managed to persuade her to stick to her original decision. But less than a week before the convention opened, Parks and her staff met in long session, and decided to support ADAPT. The Handicapped Coloradan has so far been unable to reach Parks or her representatives to learn what made her change her mind so suddenly. Blank said that he "wouldn’t be surprised to learn that Chrysler or Ford told her that they wouldn't contribute to the Rosa L. Parks Shrine if she went through with the action.” Parks is currently involved in raising money to commemorate her role and that of other blacks in the struggle for equality. But Blank stopped short of condemning Parks, saying that the 74-year-old leader has earned the respect of everyone for her actions in the 1950s. He said, "Maybe it just isn't her time any more. If I had known we were going to put her on the spot like this, I wouldn't have done it. She was under a lot of pressure. Apparently the phone never stopped ringing.” However, Blank had plenty to say about Bradley, who is a regular on the highly rated television news program "60 Minutes." Before giving a speech on apartheid in South Africa, Bradley told the 2300 APTA delegates that ADAPT had asked him not to appear at the convention. Bradley said he talked with both Young and Parks and all three agreed that they did not approve of the tactics used by the disabled group. Blank said he tried to contact Bradley by phone on at least six different occasions during the two months preceding the convention but was never able to get past his secretary." "We wanted to explain our position, but he apparently wasn't interested. This may tell you just how much homework they do on ‘6O Minutes.' Maybe people who make their living by intimidating others can't take it themselves," Blank said, referring to the often adversarial approach used on the program. “Blank said he was never able to ‘get through to Young directly but a member of Young's staff said they were welcome to ride the city's buses. "Then they arrested us for doing just that," he said. The state of Michigan requires that all transit systems receiving state funds be wheelchair accessible, but the city of Detroit avoids that requirement by financing its own transit system. Representatives of the suburban Southeastern Michigan Transportation Authority (SEMTA), which is accessible, said it would be willing to introduce a pro-accessibility resolution at the next APTA convention if it can find two or three co-sponsors, according to Blank. Young defended ‘Detroit's policy at a news conference by saying that he couldn't "make gold out of straw" to pay for the lifts. Young attacked ADAPT for employing “sabotage and sensationalism” and accused the group of taking "advantage of their disabilities" to block buses and get publicity for their cause. “That's not the way to win cooperation," he said. Blank said the only time people in power take notice of disabled people is when they engage in civil disobedience, pointing out the efforts their opponents made to discredit ADAPT. “The police told us that APTA had told them we were urban terrorists." He said he was sure few people in Detroit knew of the difficulties encountered by persons with disabilities in using public transit before ADAPT hit town. Blank said he tried to get Jesse Jackson and his rainbow coalition to support ADAPT in Detroit, but every time he telephoned he was told that “Jesse was in the air" flying to another appearance. Some members of Jackson's other group, PUSH, did participate in some of the Detroit demonstrations. Blank said he was saddened that so many blacks could not understand ADAPT's motives. “I guess it was just one human race story running up against another" he said. PHOTO: The dark figures of 3 Detroit police officers loom into the frame from all sides. Through a small hole between their arms you can see the face and chest of a man (Ken Heard) they are surrounding. Below their arms you can see the wheels and frame Ken's wheelchair. Caption reads: Detroit police had their hands full when they placed Ken Heard under arrest. Title of 2nd article: 54 arrested in transit showdown [This article is continued in ADAPT 295 but the entire text is included here for easier reading.] At least 54 demonstrators were arrested in Detroit as disabled groups once again laid siege to a national convention of their arch-foe, the American Public Transit Association (APTA). Seventeen or 18 protesters (accounts vary) were arrested Monday, Oct. 6, when they attempted to board -- and block -- Detroit city buses, which are mostly not equipped with wheelchair lifts. Those arrested were released on a $l00 personal bond and were ordered not to participate in any actions that would lead to a second arrest. The next day, Tuesday, Oct. 7, 37 protesters, including 13 repeat offenders, were booked by police for blocking one of the two entrances to the McNamara federal office building. Twenty-four of these were released after posting the $100 personal bond apiece, but the repeat offenders had bail set at $1,000 each. Even as the protesters, primarily members of the militant American Disabled for Accessible Public Transit (ADAPT), began pouring into Detroit Friday night, the Wayne County jail was already filled to its 1700 person capacity and was turning away all prisoners charged with misdemeanors. The 13 two-time offenders were held Tuesday night in a gym at police headquarters which has bars on the windows and which has been used on other occasions as a holding area for prisoners waiting to be incarcerated. Ironically, the gym's facilities were not accessible to persons in wheelchairs, and police were obliged to carry their disabled prisoners when they needed to use the restrooms. Outside police headquarters, another 60 demonstrators gathered and staged an all-night candlelight vigil. As in other cities where ADAPT has staged demonstrations in its fight to win mandatory accessible public transit, the police said they were in a [unreadable.] More than one officer complained that you can't help but look bad when you arrest someone in a wheelchair. The Detroit police had received briefings from other cities visited by ADAPT and had given some special training to officers in dealing with disabled protesters. ADAPT had originally been granted a parade permit to stage a march on the Westin Hotel where APTA conventioneers were meeting, but Mayor Coleman Young and police went to the city council and got the permit rescinded. No parade permit was issued when ADAPT marched on APTA in Los Angeles, but police made no attempt to push the marchers off the streets and in fact routed traffic away from the demonstrators. However, in Detroit police dogged ADAPT marchers for two miles, making [unreadable] protesters stuck to the sidewalks, even when obstacles such as a large puddle of water hampered, their progress. ADAPT spokesperson Wade Blank said the Detroit action cost $20,000 and that the group was seeking additional financial assistance to continue to press their fight, which has taken them to APTA's national conventions in Denver, Washington, D.C., and Los Angeles, as well as to regional meetings in San Antonio, San Diego, and Cincinnati. Blank said several reporters asked him about reports that ADAPT was being funded by lift manufacturers. “I’m sure someone with APTA planted that question to try and discredit us,” he said. Blank said ADAPT had received contributions of $100 each from two lift manufacturers but that this was for other projects. “Besides, that isn’t enough to make bail for more than two people." APTA'S 1987 convention is set for San Francisco and ADAPT is already beginning to lay the groundwork for disrupting that meeting. “People ask why we do these kinds of things (civil disobedience)," Blank said. “But look how much publicity we get. People are finally getting the word about what public transit really means to someone in a wheelchair.” California has required all public transit systems to convert to accessible systems as they replace old equipment, but Blank said he’s heard that there have been some problems with the Bay Area Rapid Transit (BART) in recent months. But before they head for San Francisco, ADAPT has been asked by disabled groups in Boston for assistance in setting up a program to pursue accessible transit there.