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Accueil / Albums / Mot-clé civil rights 51
- ADAPT (269)
The Cincinnati Post Tuesday, May 20, 1986 Lighthouse logo of Scripps Howard and the motto: "Give light and the people will find their own way." Editor Paul F. Knue, Editorial Page Editor Claudia Winkler, Managing Editor J. Stephen Fagan, Associate Editor James L. Adams 125 East Court Street, Cincinnati. OH 45202 (513)352-2000 Editorials Title: Buses and the disabled Shades of the civil rights movement returned to Cincinnati yesterday when members of ADAPT, which stands for American Disabled for Accessible Public Transportation, interfered with the operation of Queen City Metro buses. One latched onto a wheel well, and two others boarded and refused to leave. The protesters say members of the American Public Transit Association, who are meeting here this week, are moving slowly or not at all toward making all buses and trains fully accessible for the handicapped. They point to Metro, which has many buses without wheelchair lifts and 87 with lifts that it refuses to operate, as a microcosm of the problem nationwide. Some may condemn the protesters’ tactics of interrupting normal transit service, albeit by relatively non-violent means. The larger question, however, is whether the transit systems are going out of their way to leave the handicapped at curbside. That's certainly not the case with Metro. Metro has contracted with a private company to provide door-to-door (more accurately, curb-to-curb) service for the handicapped within Cincinnati. The system isn't perfect, but it is growing. Complaints abounds that scheduling the Access vans is difficult, and Metro has failed to meet a five-year goal of providing van service to all of Hamilton County, says general manager Tony Kouneski. The problem, here and elsewhere, is one of money. ADAPT wants the lifts as well as the door-to-door service. It’s tough to have it both ways, especially since federal dollars for mass transit have been cut almost 25 percent by the Reagan administration. States have been hard-pressed to fill that gap, and a sales tax increase for Metro failed miserably in 1980. Kouneski says if Metro did, indeed, have an extra $350,000 for operating and maintaining the 87 wheelchair lifts, the money would be better spent on door-to-door service. That's a decision that groups such as the Greater Cincinnati Coalition of People With Disabilities and Metro's own advisory council for the handicapped should help make and implement. Members of national groups such as ADAPT, meanwhile, have made their point. They should now turn their efforts to such things as legal parades and peaceful picketing. Instead of continuing their Cincinnati protest, they should devote their energies to lobbying Washington and the legislatures to fund their full-access plan before someone is seriously injured. - ADAPT (267)
THE PLAIN DEALER, THURSDAY, MAY 22; 1986 page 19-A PHOTO by AP: Four policemen in their fancy police hats are "rolling" a man (Rick James) up a 150 degree (ie. almost vertical) "ramp" into a van. Rick is sitting with his hands up by his chest. His hat is missing and his hair is flying out in all directions. His expression is a mix of amazement, disgust and resignation. Caption reads: Cincinnati policemen push Rick James of Salt Lake City, Utah, up a ramp into a van after he was arrested outside a downtown hotel as part of a demonstration by American Disabled for Accessible Public Transportation. Title: Cincy arrests disabled in protest of bus access By BILL SLOAT STAFF writer CINCINNATI — Police arrested l7 disabled people yesterday after they blockaded the entrance to a downtown hotel or chained themselves to the doorway of an adjoining office building that houses Queen City Metro, this city’s public bus service. Eleven of them refused to post bond and were in Hamilton County Justice Center under cash bonds ranging from $1,500 to $3,000. Five were released late yesterday on personal bonds. One pleaded no contest to disorderly conduct and was found guilty. Sixteen were in wheelchairs from polio, paralyzing spinal accidents, multiple sclerosis, cerebral palsy and amputations. One was blind and walked carrying a white cane. The arrests were made during a non-violent, noon demonstration that challenged lack of access to city buses here and around the nation. Chants of “We will ride" and “Access now” came from about 52 demonstrators outside the Westin Hotel. Some removed footstands from their wheelchairs and banged on metal barricades. Police stood behind the barricades and refused to let the demonstrators into the hotel. All 17 taken to jail said they were members of a national handicapped rights organization called American Disabled for Accessible Public Transportation. “This is a civil disobedience action," said Wade Blank, 47, a Presbyterian minister who helped organize yesterday's protest. Blank, who now lives in Denver, was involved in anti-war demonstrations at Kent State University in the 1960s when he lived in Akron. Several of the people loaded onto vans and hauled away to the Hamilton County Justice Center on disorderly conduct charges compared Cincinnati to Selma and Montgomery, two Alabama cities where civil rights activists were jailed by authorities in the 1960s. “The message needs to be sent out that we can’t ride a bus because we're handicapped,” said Glenn Horton, 46, of El Paso, Texas. "It's discrimination it’s segregation and it’s appalling that it could still be happening in this country." Horton said he had been confined to a wheelchair since age 9, when he fell and broke his back. Bill Bolte, 54, of Los Angeles, said handicapped people needed mainline bus service to get to jobs, movies, dates, shopping, banks and anywhere else they might want to go. “We're already in prison," said Bolte, who had polio 51 years ago. “We're going to see that what few rights we have are not going to be taken away. Our rights to public transportation are being deprived, and we will not sit for it." Organizers of the protest said they took to the streets because about 600 executives of public and private transit companies in the eastern United States and Canada were attending a convention in the hotel that ends today. Protesters said the convention should adopt a resolution supporting the installation of wheelchair lifts on all public buses in the nation. Many came from Denver, which has such lifts in use on its bus fleet. The demonstration also came a day after the U.S. Department of Transportation announced in Washington, D.C., a new regulation that allows transit authorities to establish alternative services for the disabled instead of putting lifts on regularly scheduled buses. Demonstrators complained the rule meant that buses, subways and rail lines wouldn't be made accessible to people in wheelchairs. Police Chief Lawrence Whalen said the comparisons with Alabama in the 1960s were unfair when it came to the police. Police in the South during the civil rights era often brutalized protesters. Whalen yesterday said, “Our officers handled themselves very admirably. The group has had their chance to protest and get their point across." He said the police assigned to make arrests had attended special briefings on how to handle disabled people and were instructed to ask the people in custody the best way to lift them into vans. “We wanted to be sensitive to their special needs." Whalen said. Three of those arrested yesterday were out on $3,000 bond after incidents Monday when two climbed aboard city buses, paid fares and refused to leave when ordered off by Queen City Metro officials. The third interfered with a bus. The three, Robert A. Kafka, 40, of Austin, Texas; George Cooper, 58, of Irving, Texas; and Michael W. Auberger, 32, of Denver, were charged yesterday with Criminal trespassing when they chained themselves to the entranceway of Queen City Metro's offices. Police Capt. Dale Menkhaus told his men to use bolt cutters to get them out of the building. Kafka, Cooper and Auberger had been ordered Tuesday not to set foot in Cincinnati by a Municipal judge at the time they posted bond, but another Municipal judge lifted the banning order shortly before yesterday's protests started. Police Chief Lawrence Whalen said 14 others were charged with disorderly conduct for their activities outside the hotel. Bond was set at $3,000 each, a Hamilton County Municipal Court official said. Before the demonstration began, the group gathered in a Newport, Ky., motel for a strategy session on civil disobedience. They agreed not to carry anything but identification with them when they confronted police in downtown Cincinnati and they voted not to post bail. None of the people arrested were from Ohio. The 11 who refused to post bond and were in jail last night are: Bolte; Bob Conrad of Denver; Joe Carle of Denver; Auberger; Horton; Jim Parker of El Paso, Texas; Cooper; George Roberts of Denver; Earnest Taylor of Hartford, Conn.; Lonnie Smith of Denver; Kafka. Kelly Bates of Denver pleaded no contest to disorderly conduct, was found guilty and sentenced to 30 days in jail, which she is to start serving tomorrow. Those released on personal bond are Ken Heard of Denver; George Florman of Colorado Springs, Colo.; Frank Lozano of El Paso, Texas; Rick James of Salt Lake City, Utah; and Arthur Campbell of Louisville, Ky. - ADAPT (255)
8B The Cincinnati Post, Monday,May19,1986 Title: Disabled activist group faces arrest By Edwina Blackwell, Post staff reporter Cincinnati police will arrest members of a national handicapped activist group today if they fulfill a vow to block and chain themselves to Queen City Metro buses to protest the inaccessibility of buses to the handicapped. Michael Auberger, community organizer for American Disabled for Accessible Public Transportation (ADAPT). said the group's civil disobedience will take a more disruptive turn as the week progresses. “Whatever it, takes to disable the bus, that's what we'll do to show that the bus is inaccessible," Auberger said during a Sunday protest by the group at the downtown Westin Hotel, where public transit officials are meeting. However, Police Capt. Dale Menkhaus said extra officers will patrol the downtown streets where protesters say they will block buses and chain themselves to bumpers while the buses are stopped for traffic lights. “We're prepared to do whatever necessary to protect them (the protesters) and the general public. If they elect to violate the law, they will pay the consequences," Menkhaus said. About 85 ADAPT members - who have been arrested during similar protests in other cities — made their way Sunday afternoon from the Newport Travelodge to the Westin Hotel, where the American Public Transit Association is meeting. With most of its members confined to wheelchairs, some of the protesters relied upon able-bodied members to push them through the streets. Several of the protesters were draped with chains and locks that they plan to use to chain themselves to buses. Extra Cincinnati police officers guided the march and some were waiting for the group at the Westin, where the protesters were greeted with barricades at each of the hotel's entrances. The demonstrators arrived at the Westin and picketed in front of the hotel's entrances on Vine, Fifth and Walnut streets. “We will ride!“ they chanted. There were no arrests Sunday, although police warned pickets they would be arrested if they blocked the hotel's entrances. Menkhaus met with the protesters Sunday and cautioned that they would be arrested if they disrupted bus traffic. Auberger, a former Cincinnatian who now lives in Denver, was pleased with Sunday's protest. Leaning back in his wheelchair with a lock and chain around his neck, he said, "I think we made a strong statement to APTA and Cincinnati that disabled people aren't powerless." Murray Bond, assistant general manager for Queen City Metro, said the city-owned transit company has been working with police for several weeks in anticipation of protests by ADAPT. Members of ADAPT, a Denver—based organization, arrived in Cincinnati to coincide with the eastern education and training conference of the APTA. Nearly 600 transit officials are attending the five-day meeting, which ends Thursday. The convention's general session was to begin this morning. U.S. Rep. Martin Sabo. D-Minn., will give the keynote address. On Wednesday, the conference will address the transportation needs of the disabled during a 2 p.m. workshop. Auberger said the risk the group's members take shows how important it is to them to be able to use public transportation at will. "The point is so vital to make," he said. Bond said Queen City Metro knows of the tactics used in other cities. “Our chief concern is for the safety of the people and our riders," he said. In Cincinnati, ADAPT wants Queen City Metro to operate the wheelchair lifts currently soldered into place on 87 buses. The group also wants all buses purchased in the future to be equipped with wheelchair lifts. At present, 19 vans are used to pick up handicapped individuals in Cincinnati through a contracted service called Access. Judith Van Ginkel, director of communications for Queen City Metro, said the service was recently expanded to include three more neighborhoods and [unreadable] for those who don't need wheelchair lifts. She added it would cost Queen City Metro $350,000 to make the lifts on the 87 buses operational. Albert Engelken, APTA deputy executive director, said money problems being faced by transit systems are at the root of transportation for the handicapped. "We don't see this as a civil rights issue," he said. "We see this as a funding issue." ADAPT disagrees. Jerry Eubanks lost his legs to gangrene as a child. On Sunday, he served as a group cheerleader pushing for what he sees as a civil right for the handicapped. "When you make transportation, it's public. It's for everyone," said Eubanks, a Chicago resident. “We're only fighting for what's already here. " - ADAPT (244)
The Cincinnati Enquirer Wednesday, May 21, 1, '86 p14—A Title: The handicapped Bus service that can meet special needs is the answer The handicapped demonstrators who are demanding greater access to transportation systems could find that, even if they succeed, they may not like what they get. About '75 members of American Disabled for Accessible Public Transit (ADAPT) have been in Cincinnati for the regional meeting of the American Public Transit Association (APTA). Their purpose has been to protest what they see as a violation of their civil rights. They want to be able to use all modes of public transportation as others do. ADAPT is focusing on bus systems, asking that all buses — on a progressive basis -- be provided with lifts for the handicapped. That might be a valid answer, if the money were available, but the experience of states such as California and Michigan shows that the handicapped prefer a more personalized service, such as the Access shuttles that Metro provides. Both California and Michigan have state laws requiring fully accessible systems, but the use of regular buses is negligible. Most of the handicapped prefer the “Dial-a-Ride” services that supplement the regular system. That service seems the best way. With Cincinnati's hilly terrain for example, how would the handicapped reach the bus stops? How far would they have to go to reach a "regular" bus stop? How far must they travel when they get off? What happens in chilly, stormy or snowy weather? From the bus service's standpoint, how do buses keep schedules? How many areas on a bus would have to be cleared for handicapped equipment? What would be the costs? How would those costs be met? APTA officials say their policy is to recommend that local services do what is best, considering their terrain, climate, resources and needs -— always in consultation with the community served. Metro’s Access has had its troubles meeting the needs of the handicapped. Last year, the demand was so great that the handicapped had to wait for as long as a week before they could schedule a ride. Although the problem has been helped somewhat, Metro’s officials frankly agree that it is not ideal. Improvement is needed. The handicapped must have freedom of movement. The question is, what is best for them and what is possible? The problem won't be easily solved. More bus service is needed in many areas of Greater Cincinnati, and with the cut in federal funds, money will be hard to come by. But Cincinnati's coalition of the handicapped has found negotiation preferable to confrontation. Although the coalition is upset about the limitations of Access, it still sees co-operative decisions as the wisest course. And it is. Together with Metro, they must find a practical answer to their needs. - ADAPT (241)
The Cincinnati Post, Wednesday, June 11, 1986 11A Opinion Small photo of the head of a white man with short hair and black rimmed eye glasses. James L. Adams Crosscurrents Title: Pretenders to the Civil Rights movement The attempts of minorities of all stripes to identify with the black experience in America to gain even legitimate goals strike me as being a deception and a fraud. It also trivializes the dehumanization the blacks suffered at the hands of the white majority for 350 years. Only one group was brought to this country in chains, treated like animals, sold on the block like livestock, forced to live in shanties and valued only for the labor they could produce. And even after being freed from the shackles of slavery, blacks were denied their civil rights for another 100 years. No other group in this country has had to suffer those indignities. Yet minorities as diverse as militant feminists, homosexuals and the handicapped hoist the banner of oppression and try to do a black face routine as farcical as the old showboat acts on the Mississippi of the last century. The wheelchair protests staged by the Denver-based American Disabled for Accessible Public Transit (ADAPT) here last month are only the latest examples of groups with gripes trying to piggyback on the black civil rights struggle. Let us all agree that more needs to be done to make sure the disabled among us can get where they want to go. And there obviously are cities doing more than Cincinnati to make public transportation accessible. Denver is one. But that is begging the question. Cincinnati is not Denver. Queen City Metro is strapped for funds. It cannot provide all the service it would like for the handicapped—or even the able-bodied. But the issue is money, not civil rights. Determined to get arrested, the wheelchair protesters blocked the Westin hotel entrances, grabbed onto the wheel well of buses to keep them from moving, and one wacko with a death wish even rolled into the path of a bus going 40 mph. Bob Kafka, one of the 14 arrested—and given special treatment at the Hamilton County Justice Center—wrote a letter to The Post that began: “I am writing this letter from the Hamilton County Jail, in which I am spending Memorial Day, for the crime of trying to ride public transportation." Kafka's emotional appeal falls flat. (He obviously was trying to imitate Dr. Martin Luther King Jr., whose famous “Letter from the Birmingham Jail" stirred the conscience of a nation.) Kafka's crime was not that of trying to ride public transportation. He was charged with disorderly conduct for crawling aboard a bus, dragging his wheelchair, dropping 50 cents in the fare box and then demanding to ride - knowing full well the bus could not move with him on it. But Kafka, in his letter, attempts to equate the problems of the handicapped with those of blacks who were forced to ride in the back of the bus: “Those in power have decided to oppress us and make sure disabled people do not ‘step out of line’ and assert their rights," Kafka wrote. “Queen City Metro decided they were going to keep disabled people in their place.” By couching his complaint in vintage 1960s language, Kafka confuses the issue. The disabled should be heard. But they should give rational reasons for their demands for equal access to public transportation and not try posing as an oppressed minority that dares not “step out of line." I didn't see any cattle prods or police dogs used to quell the demonstrations. After the protesters had left town, Council Member David Mann had pangs of conscience that caused him to make some of the silliest statements in the annals of Mann. “It seems to me that every human being in Cincinnati — visitors, handicapped or otherwise — had the absolute right to enter the Fountain Square South complex on equal terms," Mann wrote, as if he had been living in a cave during the four-day wheelchair protests. “If you and I were free to move unfettered into the public areas of the Westin, then those who happen to move by wheelchair should have been treated precisely the same." I know philosophers have struggled for centuries to define reality. After reading Mann’s views on what took place in front of the Westin, I can understand why. His perceptions are unreal. Those who happened to “move by wheelchair” were not treated precisely the same as others because they were intentionally trying to block the entrances and disrupt bus service. That's called breaking the law. It seems to me that even a council member from Clifton, who happens to be a lawyer, should be able to make that distinction. The restrictions were not based on class discrimination. Rather, they were triggered by those misguided handicapped persons who believe they can gain greater access to public places by denying that right to others. The wheelchair protesters would have scored more points with the public by shunning crazy antics and making their appeal in a sane manner. I think it revealing that the Greater Cincinnati Coalition of People With Disabilities refused to participate in the public demonstrations. The coalition leaders believe they can accomplish more by talking with local city and bus officials than by trying to disrupt traffic. They certainly will gain more public sympathy. James L Adams is associate editor of The Post. PHOTO by the Associated Press: Two men in wheelchairs, one with dark curly hair and a beard in a manual wheelchair (Bob Kafka), and the other with long braids, a headband and a dark beard (Mike Auberger), block a narrow hallway. Both are wearing light colored shirts with the ADAPT no steps logo in black. Behind them at least seven men -- two appear to be police officers -- stand, looking somewhat exasperated. caption reads: Bob Kafka. left, and Mike Auberger chained themselves together to block the entrance to Queen City Metro offices. - ADAPT (234)
Friday. May 45, I986, Gazette Telegraph -- A3 headlines Gazette Telegraph wire services the nation Title: Cincinnati called civil rights battleground CINCINNATI — Leaders of 17 wheelchair-bound protesters who were arrested while demonstrating for access to public transit buses say Cincinnati has become a civil rights battleground. “This is the Selma, Ala., of the disabled civil rights movement,” said the Rev. Wade Blank of Denver, a co-founder of the group American Disabled for Accessible Public Transportation, which staged this week's protests. Seventeen protesters from Texas, Colorado and Utah were arrested Wednesday, when the American Public Transit Association concluded its regional meeting. Some boarded buses and declined requests that they get off. Others blocked a parking entrance to the hotel where the association met, while three others chained themselves together to block a doorway in the Queen City Metro headquarters. - ADAPT (119)
Billings Gazette 6/15/83 Disabled learn persuasion tactics by ROGER CLAWSON, of the Gazette Staff Disabled persons have a right to ride public buses, and — with a bit of political savvy - they can enforce that right. That was the message Wade Blank, a Denver handicapped association activist, brought the Montana Independent Living Project conference in Billings Tuesday. Blank said it would cost $180,000 to equip Billings’s Met transit system buses with wheelchair lifts. The federal government would pay 80 percent of that cost. Blank said public buildings have been made accessible to handicapped persons, public transportation should also be accessible. He outlined how his group, the Atlantis Community, fought to make the Denver bus system provide wheelchair lifts and suggested tactics to those who would make the Met accessible to handicapped: * Lobby for support. In Denver, Blank said, major churches endorsed the Atlantis crusade. * Build public awareness. Because handicapped people are unable to ride the buses, they are never seen by bus drivers or transit officials. Blank suggested putting a person in a wheelchair on every bus to spend the day riding and handing out literature calling for equal access. * Lawsuits may be needed to force public officials to explain how federal money, given with certain strings attached, has been spent. * Serve notice that you won’t be bought off with special transportation systems. “They do not run special buses for blacks,” Blank said, "they should not be allowed to segregate the handicapped.” Participants of the conference noted that the only transportation available to the handicapped in Billings is furnished by Special Transportation Inc. (STI), a private, non-profit corporation that provides transportation for the elderly and handicapped under contract. Use of STI by handicapped adults is confined to trips for medical appointments. - ADAPT (83)
The Denver Post 12/2/81 Two photos by The Denver Post / Anthony Suau: First photo: A young man with CP in a wheelchair in a jacket and flannel shirt, his head thrown back, speaks in a microphone that is being held by another man standing slightly behind his chair. Both men are looking intensely at someone or something to their left. Behind them is another person, as if in line. Second photo: An older man in a suit sits behind a table with a microphone. His fingers and thumb are lightly pressed together and to his lips, and his eyes are looking ahead. His expression shows he is listening, taking in information. The two pictures are set so that it appears the man in the suit is listening to the man in the wheelchair testifying. Caption reads: Wheelchair Rights Left [first photo], handicapped persons, including Barry Gin, left, met with Regional Transportation District officials Tuesday to discuss the use of wheelchair lifts on buses. Holding the microphone for Gin is Eloy Espinoza. Above [second photo], Lowell Hutson, RTD board chairman listens as members of disabled community argue that not putting wheelchair lifts on the new buses is a violation of their civil rights. Story on Page 4-B. - ADAPT (77)
The Selma of handicapped rights By Melanie Tem One recent Sunday morning, Kathy Vincent, a 41-year-old Denver woman with cerebral palsy, decided to go to church. She left her apartment, which she had just moved into after spending years in a nursing home, and propelled herself to a No.15 bus stop downtown. She saw "what looked like a wheelchair bus" approaching, and prepared to board it via the hydraulic lift. Instead, the driver told her the lift had been disconnected and, "this isn't a wheelchair bus anymore." The next wheelchair-accessible bus would arrive, he told her, in 30 minutes. "By that time," Vincent later recalled, "church would have been over." That incident has made Vincent a sympathizer with the more militant of Denver's disabled community - led principally by the Atlantis Community and HAIL(Holistic Approaches to Independent Living) - who are demanding that Regional Transportation District dramatically increase the number of wheelchair-accessible buses in its system. Specifically, they want the 89 new "articulated" buses on order to be equipped with wheelchair lifts, and have filed a lawsuit to force the issue. Articulated buses aren't suitable for conversion to wheelchair accessibility, according to RTD spokesman Kathy Joyce. Since they can carry more passengers and travel at higher speeds - their articulated (bendable) design allows them to take corners faster - they are intended for use on heavily traveled express routes. Joyce estimates it takes 5 to 7 minutes to load a passenger in a wheelchair, and another 5 to 7 minutes for unloading - delays which RTD considers unacceptable in a high-speed, efficient transportation system. FOR STEVE SAUNDERS, the issues go beyond personal convenience and articulated buses. Saunders, 31, also has cerebral palsy. He lives alone in a Capitol Hill apartment and works at HAIL. Saunders, along with other demonstrators assembled in RTD offices a few months ago, protested the board's decision to order the articulated buses without wheelchair lifts. Demonstrators blocked stairways and chained themselves to doors, to dramatize their point they said. Saunders was the only demonstrator to accept a summons from the police, an action which guaranteed a day in court. Last month he got his day, but had little opportunity to express his views, as the charges against him were dismissed. But, he said later he views the conflict as “a clear human rights issue. What we're demanding is equal access to public transportation, just like everybody else." Many bus drivers and able-bodied passengers seem skeptical about this view of the situation. While all sides in the dispute agree that so far public reaction to the wheelchair-accessible buses has been positive, there seems to be some sentiment now that the activists have gone too far. Several drivers put it this way: "They keep saying they want to be treated like ordinary people, when the fact is they're not ordinary people and they'd better accept that." Attitudes like that are, said Wade Blank of the Atlantis Community, disturbingly reminiscent of earlier civil rights struggles. He calls Denver, "the Seima of the handicapped rights movement." Similar battles have been or are being waged in Los Angeles, St. Louis, Washington, D.C., and other cities across the country by the handicapped. The 90 percent accessible transportation in Seattle is lauded as proof of what can be done. Blank, who is able-bodied, thinks of himself as a "liberator," and contends the issue of full accessible public transportation is critical as disabled people across the nation organize and develop their power. RTD's Joyce, whose younger sister Heannie is disabled and a member of Atlantis, seems to echo this perspective when she says, "We feel that all this has less to do with RTD’s commitment to accessibility, which goes back a long way and hasn't changed, and less to do with articulated buses than with politics and economics." As corporations bring new money into Denver, she says, Atlantis and HAIL are moving to ensure that disabled citizens will be taken seriously. "They're making a statement," she says. "We understand that. But we can't allow it to change what we do." RTD, she says, is committed to making half of its entire system wheelchair-accessible by July of this year. ANOTHER POLITICAL FACTOR is RTD's first board election, to be held in November. Members of the disabled community are interviewing candidates to determine their willingness to support issues of concern to that constituency. HAlL's Saunders already has announced his candidacy. In other cities, much has been made of the low usage of wheelchair-accessible vehicles by the disabled. RTD's records indicate that of a total 160,000 rides per average day, disabled riders average between 90 and 260 per week. Neither RTD nor the disabled seem alarmed by this fact. Training, they agree, is the key. Saunders and others provide one-on-one training in bus riding to disabled passengers, and RTD trains both drivers and potential passengers. Both sides also seem willing to be patient with the equipment failures that plague any intricate mechanical apparatus. The issue ls complex, emotional and, for the disabled, very personal. Says Kathy Vincent, who can't travel anywhere on her own and has to rely completely on wheelchair-accessible buses: “l never was militant before. But now l don’t have any choice." - ADAPT (67)
Rocky Mountain News 6/30/77 [This text contains the story that appears in ADAPT 67 and ADAPT 72, but the entire text is included here for easier reading.] PHOTO (News Photo): In darkened doorway a young woman in a wheelchair (Debby Tracy) appears light against the background, almost like she is glowing. She is a in a motorized wheelchair, the armrests come almost up to her arm pits. Her legs are turned to one side and her feet don't meet the footrests. She is looking up a bit and smiling a big smile; her long delicate fingers play around her control box (for her chair) and her other armrest. Caption reads: Debbie Tracy at home: "I want to go back to school. I like it there." [Headline] Debbie Tracy fighting to acquire knowledge By Sue Lindsay Roll Two years ago Debbie Tracy couldn't tell time. Today she reads the newspaper every morning. Her IQ has increased by 45 points. The source of her improvement was two years in a Denver public school specializing in special education. But Debbie, who was born with cerebral palsy and spent most of her life in institutions for the disabled, is 21 now and Denver school officials say she's too old to remain in public schools. They cite a state law saying the school district is required to educate children only up to age 20. Forty wheelchair-bound young adults converged in front of the school administration building at 900 Grant St. Wednesday to demonstrate their support for Debbie’s right to more education in Denver public schools. Debbie's mother, Elaine Jacoby. says she'll go to court if necessary to fight what she sees as a violation of her daughter's civil rights. She threatened to sue the Denver Board of Education, the state Institutions Department and the State Home and Training School in Wheat Ridge, where Debbie lived for nine years, for misdiagnosing her daughter's mental capacity and depriving her of an education. DEBBIE SEES HER PLIGHT more simply. "I want in go back to school,“she said. "l like it there. I've been learning all kinds of things I didn't know before." Supporting Mrs. Jacoby and Debbie in their fight in the Atlantis Community, an organization which works to remove the severely disabled from institutions and place in jobs and apartments throughout the community. "Debbie is an adult who has been deprived access to the education that would give her the skills she needs to be independent," said Mrs Jacoby, who is divorced from Debbie's father. “l am not asking the taxpayers to finance her until she is prepared for college. But I feel that the Denver public schools owe Debbie more than two years of very basic education before they throw her out into society. I fail to see why my child should be denied what every other child has simply because she is not able-bodied." Mrs. Jacoby said Debbie is a victim of the state's failure to meet the needs of handicapped children. She said Debbie was prohibited from attending public schools and even special education schools because cerebral palsy, a disorder which affects the muscles, had left her without bladder control. For five years, Mrs. Jacoby said she repeatedly tried to get Debbie into public schools. DEBBIE ATTENDED THE United Cerebral Palsy Center for five years. But Mrs. Jacoby said the training there was at pre-school level, directed toward a future in a sheltered workshop. "This was not an acceptable goal for my daughter," Mrs. Jacoby said. During this period, numerous psychological tests were conducted. When Debbie was 10, her mother placed her at Ridge Home. "I thought she would receive educational and social programming that was adequate, but I found again that programs available to able-bodied children," she said. When Debbie turned 19, things began looking up. The state passed the Handicapped Children's Act which, since 1975, has required public schools to provide education for handicapped and disabled persons aged 5 through 20. Debbie moved out of Ridge to the Atlantis Community at 2965 W. 11th Ave. and entered Boettcher Elementary School, a special education facility within the Denver school system. Her progress was remarkable. "When we got her from the Ridge she didn't know her alphabet, she didn't know her colors, she couldn't tell time," said Wade Blank, an executive director of the Atlantis Community. "Now she’s alert and able and eager to learn. She reads the Rocky Mountain News. Debbie had an IQ of 50 when she got out of Ridge. Two years later her IQ is 95. That says a lot to us.” She now functions at the level of a third or fourth grader, according to Blank. “We know she would be a normal functioning adult if only she had been given the opportunity to develop," he said. “Instead, the state shoves everyone into state homes where they vegetate just because they happen to be confined to wheelchairs. It has nothing to do with actual mental ability. " But Debbie is now 21. She has been told that she can no longer attend Boettcher or any other Denver public school. Mrs. Jacoby has appealed this decision to everyone from the Boettcher school principal to Supt. Joseph Brzeinski. LAST WEEK MRS. JACOBY received a letter containing the school officials’ final decision. Debbie could not be allowed to continue to attend Boettcher. But the letter, from James M. O'Hara, executive director of the Department of Pupil Services, suggested that other alternatives existed for Debbie at the Cerebral Palsy Center,the Emily Griffith Opportunity School and at private community agencies. "None of these alternatives are adequate". Mrs. Jacoby said Wednesday in front of the board's headquarters. "They do not meet Debbie's needs. Debbie is not ready for the Opportunity School, but she needs more than the Cerebral Palsy Center can offer. “For 21 years, I’ve put up with empty answers from school officials. I’ve talked and talked to people whose minds are already made up. They aren’t used to persons like Debbie living independently. They're used to them being institutionalized. Debbie can do better than that and I want her to have that chance.” - ADAPT (1)
[This continues on ADAPT 2 and 3, but the entire text has been included here in ADAPT 1 for easier reading.] [letterhead] Atlantis Community Inc 2965 west 11th avenue denver colo 80204 303 893 8040 [Headline] The Atlantis Story In June of 1975, Atlantis was born as an alternative to the lives that young disabled persons were being forced to endure in nursing homes and state institutions. Early in 1974, a group of concerned disabled people and able-bodied allies began educating themselves to the plight of the young disabled adult. They found that the majority of these young people (some as young as twelve) who were living in nursing homes were virtually trapped in a stagnating, paternalistic prison where civil rights were blatantly violated, medical care was poor and impersonal, and individual initiative and self actualization were hostilely discouraged. The group that later became Atlantis began looking for alternatives to the prejudiced, dehumanizing lives these young people were seemingly doomed to continue. The first attempt was to create a special youth program in a nursing home, the object of which was to provide normalizing educational and social experiences. The program was to a large degree successful in terms of individual liberation, but it soon became apparent that the humanistic goals of the Atlantis group were in direct conflict with the profit making motivation and paternalistic traditions of the nursing home industry. It was then that the Atlantis Early Action Project was conceived - early in 1975. The goals were clear: to allow every disabled individual, regardless of the extent of her/his disability, the same rights and responsibilities of their able bodied peers - the freedom to choose a lifestyle and fulfill personal goals in education, employment, and personal growth, and freedom from a punitive traditional system that stigmatizes the disabled and segregates them from the mainstream of society. The planning started in January of 1975. Public housing units were leased from the Denver Housing Authority in the Las Casitas Development. Funds from the Colorado Division of Vocational Rehabilitation were secured to renovate the apartments and make them accessible to wheelchairs. In June, the first eight residents moved in. All were former 'patients’ in nursing homes, all had the courage and the desire to live on the outside. In a little over two years, Atlantis has grown from eight residents and a volunteer staff to an attendant staff of forty individuals and forty participants/residents. Seventeen of the residents presently live in the Early Action site, which has become a transitional living center, the remainder live in private sector apartments throughout the city and receive services from Atlantis. Traditionally the young disabled person has been denied the right to an adequate education or meaningful employment and has been sent to nonaccredited, segregated ‘special’ schools or to sheltered workshops to count fish hooks or untangle old phone cords for five cents an hour. Those who reside in nursing homes are often provided with no programming at all. At Atlantis, we try to assist the individual in fulfilling whatever goals s/he outlines. At the present time, residents are attending Denver Opportunity School, Boettcher School, and several of the area colleges. In addition, a constitutional law suit has been initiated by an Atlantis resident in an attempt to change existing laws which deny equal educational opportunities to the disabled. With funds from the Denver Opportunity School, Atlantis operates an Adult Education Center which offers individualized courses in remedial basic skills, speech therapy, and Braille. In an employment and basic life enrichment program financed by the Colorado Division of Vocational Rehabilitation, Atlantis provides a variety of employment opportunities to disabled persons and seeks out employment possibilities in the Denver-Metro area. In keeping with the Atlantis Charter, fifty percent of all positions at Atlantis are occupied by disabled individuals. Our experience has shown that merely providing housing and attendant services does not fully equip the disabled person coming out of an institution to lead an independent, self-directed life. For this reason, special programs have been initiated to aid residents in acquiring the skills necessary to take responsibility for their own lives. Home Training Classes, where residents meet in seminars and share ideas and skills, are held to teach how to organize and maintain an apartment. A Consumer Advocate teaches residents how to perform their own consumer activities such as budgeting money, using a checking account, and buying food and clothing. Other advocacy services available include a twenty four hour a day Crisis Hotline, a Financial Coordinator who assists individuals in getting their public assistance benefits, a Housing Information Service, a Legal Advocacy Service, and a Counseling Referral Service. Disabled persons are not 'sick' people. They do not require a 24 hour a day medical staff of nurses and aides to supervise their personal needs and social activities. What is needed is a consistent source of reliable assistance when they want it. In an attempt to break the traditional concept of home health care - Atlantis hires a pool of professionals who are trained and supervised by a Rehabilitation R.N. Attendant assistance is scheduled as it fits into individual routines and responds to individualized needs. Emphasis in health care is on teaching people to monitor their own - to be aware of their particular needs and be capable of getting those needs filled either self—sufficiently or with assistance. Staff is available on a twenty four hour a day basis in case an emergency arises, and can be reached by a call to the Crisis Hotline. The resident is responsible for scheduling baths, meals, etc. There are no rules governing any individual's mobility or social life. We uphold the right of the disabled to take responsible control over their own lives. Disabled people do have special medical needs. Nurses, attendants and physicians who work with them should have this specialized knowledge. The Atlantis attendant staff is trained in areas of special health concern such as skin, bladder and bowel care, and routine medical needs. Atlantis makes full use of existing medical facilities, primarily the Denver General Health System. We are oriented toward rehabilitative activities and any person who has the desire for rehabilitation is given the opportunity to explore it. Many who were diagnosed at an early age as unrehabilitatable have shown tremendous progress when allowed access to therapists and equipment. It is our belief that any disabled person should have the right to choose where and how s/he wants to live. We believe that the same monies that are provided to house someone in an institution should be made available to those who wish to live independently. We are working to this end. At the present time, an institution in Colorado receives upwards of $600.00 a month in tax money to provide custodial care for a ‘patient’. That same person, once out of an institution, is eligible for maximum public assistance Payments of $402.00 a month to support her/himself and purchase attendant services. Many receive less than the full amount. We can find no valid justification for this huge discrepancy which results in the taxpayer supporting the highly lucrative nursing home industry and discourages the disabled and elderly from pursuing independent and meaningful lives. Our philosophy envelopes the ideas of individual liberty and opportunity, and we are aware of the process that must take place. Liberation from the stagnation of institutional life needs to be coupled with a viable process by which disabled persons can integrate themselves into society as self-fulfilled, independent citizens. It is our hope at Atlantis that by bringing disabled persons together, they can, through shared energy and experience, teach and support each other in achieving freedom and growth. - ADAPT (16)
The Denver Post - Sunday June 1, 1975 PHOTO by John Prieto: A woman (Linda Chism) sits in a wheelchair with her legs extended out in front of her and covered by a blanket. Her shoulders are covered by a jacket. She has a lap board on her chair and her purse/bag is resting on it. She is looking ahead. To her left sits a man (Glenn Kopp) in a wheelchair. He has longish hair, a goatee and is wearing glasses. He looks down slightly, as if listening. In the front bottom corner of the picture someone's arm is visible. Caption reads: Linda Chism and Glenn Kopp discuss Independent-Living Idea They are in living room of apartment at the Las Casitas complex. [Headline] Independence from Nursing Homes - Atlantis' Handicapped Move to New Life by Pat Afzal On the surface, this Sunday is just a moving day for eight Denver area young men and women. Underneath, however, the day emerges as a first, precious taste of freedom for them. They are severely handicapped and will move out of nursing homes Sunday into their own apartments and have a crack at independent living. Sunday will be, oh .... like Christmas,” says wheelchair-bound Glenn Kopp, co-executive director of the Atlantis Community, Inc. The group is leasing the apartments where the young adults will live. Linda Chism, Atlantis' treasurer-accountant, likens the moving experience to “a flower opening up. We don't know how it's going to work out for sure. Things will sort of evolve." Their excitement seems normal because they're helping others embark on a new experience. Then they begin to talk about why the independent-living idea got going. And their comments harden into strong indictments against the institutional way of life for the young handicapped. "You know about civil rights?," Kopp asks a reporter. "Well, a handicapped person in an institution has no civil rights." "That statement about race, creed and color - well, it doesn't apply to handicapped people. We're left out of it." Kopp, who was worked in a Denver area nursing home said that when residents there went against the rules, a punishment was to take their electric wheel chairs away. “That's (the chairs) your freedom, you’re movement. Without it, you can't get around." [Subheading] Rule Ridiculed He ridiculed a rule that said the handicapped had to be in bed by 9 p.m. “Why should a grown man have to go to bed at 9 o’clock?" he asks. “It's a so very dehumanizing way to live, to say the least,” Ms. Chism adds. “You’re without privacy. All your dignity is just gone. You're not recognized as a person. You're a patient and that's it.” Nursing homes "like a lot of young people around, tooling around in their wheel chairs,” Kopp says. “lt adds an air of something nicer than just a lot of people sitting around.” By the same token, there isn't a lot of willingness to give the young people the freedom they feel and need, Kopp says. Those who are “lucky enough to have a taste of living normally really get depressed. It can be a very sad thing." It was soon after Kopp stopped working for the nursing home in Denver that he and a friend — Wade Blank — decided that “there's gotta be a better way to live. There has to be some better options." They slowly began to attract verbal, but not much monetary, support for their idea and Atlantis Community, Inc., was born. Eventually the group wants to build a 140-unit apartment complex for the severely handicapped. Right now, however, their first project is the seven apartment units in Las Casitas complex on Denver's west side where the eight young people will be moving Sunday. The apartments are on the western edge of a larger apartment complex in the 1200 block of Federal Boulavard. Credit for helping to make Atlantis’ dream a reality goes to Dr. Henry A. Foley, state director of social services, and John Helm of the Denver Housing Authority, Kopp said. “We went in cold to Dr. Foley, and he got us $3,000 seed money to apply to a larger grant," Kopp said. The grant, from the Department of Vocational Rehabilitation, made possible almost $20,000 in renovations at the Las Casitas apartments. Helm told them about the apartment vacancies. The new tenants will live on welfare and social service payments, and visiting nurses and on-site attendants will help take care of their medical and personal needs. On July 1, six other tenants will move in. Those slated for the Sunday move are “frightened, understandably,” Ms. Chism says. “When you've lived in an nursing home much of your life, you’re naturally apprehensive about living on your own." She said police were worried about the safety of the tenants because the apartments are in a higher-crime area. “But they (police) don't realize that in an institution, you don’t own anything for very long because it’s stolen," Kopp said. [Headline] Meetings Encouraging Meetings with a tenant union at Las Casitas have been encouraging, he added, and residents already living there have welcomed the idea of their new neighbors. The problem now is for Atlantis Community to stay alive financially so other young handicapped adults also can experience the freedom of independent living. And there are immediate problems like finding things such as kitchen utensils, bed linen and furniture to make the Las Casitas like home. But optimism about the future is apparent. “When you think of how far we've come in a year," Ms. Chism says. “I'd say there's a lot more to come from Atlantis." - ADAPT (45)
Rocky Mountain News Mon., March 22, 1976, Denver, Colo. Banner Headline for story. PHOTO on left of headline: Head and shoulders shot of a young man (Michael Smith) with dark hair, pulled back in ponytail, dark beard and moustache. His head is tilted slightly to one side and he is smiling a bit. Caption reads: Michael Smith. He had a dream; He prayed that He would walk again someday. But someday never came. [Headline] Late poet a plaintiff in nursing home case Page 5 [Banner headline in ADAPT 44. Story starts here in ADAPT 45 and continues in ADAPT 46, but the entire text is included here for ease of reading.] Late poet was plaintiff in nursing home lawsuit By Jonathan Dedmon, News Staff Michael Smith was a poet. A victim of muscular dystrophy, Michael wasn't able to hold a pen, however. Weighing less than 100 pounds, one of the few physical tasks he was able to perform was to turn the pages of the many books he read. He would keep stanzas of poetry stored in his head and wait for friends or staff at the Heritage House Nursing Home in Lakewood where he lived to have free time so he could dictate his verse. A former aide remembers when she would be busy caring for patients and Mike would say, "Got to write." "We'd say, ‘Sorry, Mike‘ Don‘t have time.‘ A lot of his poetry was lost." In addition to being a poet, Mike also was an idealist. Because of what friends say was that idealism, in spite of the fact Mike died in October at the age of 21, he lives on not only in a published book of his poems but also in a giant legal battle in U.S. District Court. THE BATTLE COULD have a large impact on the care of handicapped patients in nursing homes throughout the country since it attacks the entire method of delivering health care. The suit, in which Mike was an original plaintiff, charges nursing home patients routinely are being denied their rights and even fundamental medical care, contrary to the wishes of Congress in its Medicaid law. U.S. Judge Richard Matsch currently is considering how much jurisdiction the federal court has in the case. But already a number of patients and nursing home employees have come forward with a series of affidavits which are a litany of patient abuse. The charges are leveled primarily against the former Heritage House Nursing Center in Lakewood, which since has been sold and is operating under new management and a new name. The suit’s allegations range from patients not having the colostomy bags changed to failure of the staff to provide any rehabilitation efforts. THE NURSING HOME attorney and a part owner deny the charges which are contained in a half dozen affidavits filed with the court. Pam Malpass worked as an aide from August 1974 to February of last year. Here are parts of her affidavit: “People were punished sometimes by having their wheelchairs turned off, cut their mobility (sic). Wheelchairs at Heritage House were constantly in disrepair and falling apart leading to weekly crises. Paul Brae, a Heritage House resident, fell out of his chair because it was falling apart and crawled under his bed and said he was (sic) [not] going to come out until he got a new wheelchair [cut off] we procured for him with some difficulty. Bowel programs for a number of residents weren't maintained properly resulting in infections. Colostomies and catheters weren't cleaned properly or regularly also resulting in infections for a number of patients. I also often observed that colostomy bags and catheters improperly were connected to the people that needed them with the result that they leaked and backed up." Michael Ray, an orderly from May 1974 to January of last year, said in his affidavit that on at least a dozen occasions, he made marks with a felt-tipped pen on patients’ dressings on open bed sores to make sure they were being changed twice a day as they should have been. “Each time when I looked, a day later, sometimes longer, the dressings I had put on with the markings were still there. The unclean sores lead to more serious complications and infections. During the six months I was working at Heritage House I never saw a doctor." FAILURE TO MAINTAIN a bowel program can lead to bowel poisoning and even to surgery. Mark Biles was impacted for three weeks while I was there necessitating an elaborate program of oral laxatives, suppositories and enemas to give him relief. The owners and the administrators always met suggestions or requests from the staff on behalf of patients residing there with the remark that they cost too much or if you don't like it why don't you get the hell out. “The only time that Heritage House was concemed about the cleanliness of the home was when the state inspection team announced it would appear.” ACCORDING TO JOHN Holland, who heads a team of Legal Aid attorneys working on the case, “We're saying that when Congress established Medicaid, it intended to create a real system of delivering high quality medical care to poor people, not a system that couldn't deliver for a significant number. The benefits aren't getting there.” A particular target is the U.S. Department of Health, Education and Welfare (HEW), which is charged with making sure nursing homes comply with federal standards to insure high quality health care. Legal Aid, which is reluctant to say too much about the case because it is pending, feels HEW merely established a “paper compliance" system whereas Congress wanted a compliance system to “see benefits and rights delivered and prevent the kinds of injuries and deprivations of rights alleged in the suit." THE SUIT NAMES every rung in the bureaucracy which participates in the provision of nursing home care, ranging from the owners of Heritage House to the state Department of Social Services and HEW. In addition to asking for monetary damages, the suit also seeks an injunction prohibiting deprivation of medical care and patient rights. The rights include proper medical and psychosocial treatment and care, the right to seek legal counsel and manage personal monies, the right to voice grievances and the right to adequate notice and opportunity for a hearing prior to transfer, among others. It also asks HEW to come up with a decent system of enforcing compliance with such federal laws. Because of the complex nature of the suit, it already has become a “paper nightmare," according to Holland, and a “paper war,“ according to Heritage House attomey Bob Eberhardt. THE PLEADINGS STAND some two feet high and the court hasn't decided jurisdiction yet. Perhaps one of the most damning affidavits filed so far is by Janice Jacobson, a former administrator of Heritage House. “Heritage House was filthy, cockroaches had infested the entire home (with the exception of the kitchen). The walls wene very dirty and an odor of urine permeated the air. “Flies were everywhere. They present a particular problem to those persons who are bedfast or paralyzed because they can't swat the flies from their faces or bodies. “Temperature controls were broken. Zone control valves which control the room temperature were corroded either open or shut so that the rooms were unbearably hot or cold. “INDIVIDUAL CARE PLANS are either totally inadequate or not existent." “Patients who had to be fed were degraded by impatient orderlies who constantly hurried them along faster than they could comfortably go on the pretext of there not being enough time to feed them." “Staff would get angry with people for having something wrong with them like uncontrolled bowels." “Lots of patients would never get dressed every day. The staff didn’t like to take the time to dress them. By keeping patients undressed a general institutional goal of keeping them in bed and more inactive was more readily achieved. “It was not uncommon for people who did get dressed to not be undressed but rather to sleep in their clothes. l received complaints from one family that one of the male patients there had the same clothes on for weeks. They knew because the same spot was on his shirt for three weeks." “Visitors and relatives often complained that their relatives or friends hadn't received baths or showers for weeks." “It was reported to me by nursing staff the director of nursing believed physical correction of resident misconduct was permissible and that she employed a technique of having persons she decided were misbehaving placed in cold showers." “The call button system at Heritage House often wasn't working and when it was, working staff very often didn't respond to calls. There was one incident while I was there where family members called in and said they heard their mother was dead. The nurse had to go down to the room to see if this was so. The woman had been dead for several hours." Mrs. Jacobson says, in her view, Heritage House was “warehousing people, not delivering health care." "Residents had no more rights than children and the official view was that the staff knew what was best for them and if the patients didn't think we were doing everything right or what they needed they could just leave." Management expressed this view often. “PATIENTS WERE KEPT tractable and quiescent by intimidation and medication. Encouraging people to be as normal as they can be is the essence of good nursing care. It was not done at Heritage House.“ In response, Heritage House attorney Eberhardt said the accusations are “totally untrue and completely without foundation. You can't cross-examine affidavits. The truth will come out in the trial. “ He also points to the affidavit of Allen Buckingham, regional director of the HEW office of Long Term Care Standards Enforcement. Buckingham stated his office never received any complaints concerning the allegations. Oscar Gross, former part owner and also a defendant, said he never would have been able to keep his license if the allegations were true. In addition, he said his home was the only home to provide a wing specifically for handicapped youths and he even received two awards from the wing. “We tried to do our best," he said. He also offered to take the News to the home to interview patients about conditions. He said his wife still visits patients. Gross sold the home in February and it now is under new management. Gross said he sold the home simply as “a business transaction.“ Before Michael Smith died last year, he testified at one hearing on the case. “He already felt he had won," recalled Mrs. Malpass. - ADAPT (51)
The Denver Post - Sat April 30, 1977 PHOTO by Dave Buresh: A fancy room inside the Colorado capitol building with Greek columns and ornately carved doors, is filled with protesters. Several are carry signs: "More job opportunities for the handicapped" and "End discrimination for handicapped." A blind African American man with a an afro, a fancy dashiki type jacket and pendant speaks into a microphone as an older white man in shirt sleeves and a necktie holds a paper in his hand. A woman standing between them looks down at the paper. Caption reads: Handicapped Demonstrate Outside of Joint Budget Committee Offices. At microphone is Don Galloway, with State Rep. Morgan Smith, center and Janet Anderson in middle. [Headline] Handicapped Rejoice at Rights Success by Jim Kirksey Flushed with the success of helping secure enactment of a “Bill of Rights" for the handicapped on Thursday, more than 200 handicapped and disabled Coloradans celebrated and demonstrated Friday at the State Capitol. A new set of regulations that puts into effect a 1973 law was signed Thursday by Joseph Califano secretary or the U.S. Department of Health, Education and Welfare (HEW). Its enactment was credited to the efforts of handicapped persons across the country, and especially to a nationwide demonstration by the handicapped three weeks ago. The law extends civil rights to the handicapped those civil rights guarantee already granted to ethnic minorities and women. THE FESTIVE CROWD gathered on the west steps of the Capitol about 10:30 a.m. to hear a number of speakers congratulate them on their success and to caution them about the future. The gathering - many people in wheelchairs, some on crutches, others with white canes or guide dogs - were told they were responsible for the victory, but were cautioned that it "it is only a beginning." not legible ...the HEW regulations would become a reality only if they are pursued, and the crowd was urged to remain united in the future for that effort. THE SPEAKERS included Don Galloway, executive director of the Governors Advisory Council on the Handicapped; Janet Anderson, administrative assistant to the council; Lt. Gov. George Brown; Wade Blank, codirector of Denver's Atlantis Community; Ingo Antonitsch, executive director of the Denver Commission on the Disabled; Diane McGeorge, president of the National Federation for the Blind of Colorado; and Ludwig Rothbein, of the Colorado Developmental Disability Council. After approximately an hour, the crowd moved inside the Capitol and presented legislators with a list urging them to: -- Promote the "deinstitutionalization" of the disabled with increased state supplemental income payments and home care attendants fees. -- Require school districts to integrate disabled students into their classrooms. -- Legislate removal of architectural barriers. -- Limit the growth of the nursing home industry as the wrong answer to problems of the disabled and handicapped. -- Investigate the nursing home industry and state institutions and prosecute cases of abuse and violations of civil rights. -- Expand affirmative action programs to include the disabled. -- Appropriate $188,000 to restore to Denver General Hospital monies for services to the mentally ill. -- Create a permanent advisory council on the disabled with the funding and power to “make effective changes." -- Establish accessible polling places for the disabled. THE GROUP stood outside the third floor office of the legislature's Joint Budget Committee and chanted, "We want to see the JBC.” State Sen. Ted Strickland, R-Westminister, chairman of the JBC, State Reps Belly Neale, R-Denver, Morgan Smith, D-Brighton, both JBC members and Robert Eckelberry consulted with the gathering for 300 minutes. Strickland, who met with them for about 20 minutes, addressed each of the listed demands by telling of action already taken and assuring them that the JBC hearings in next year's budget would be held in facilities where the disabled and handicapped could take part. Neale said the JBC “does have the best interests of the handicapped at heart," and Smith assured them that he would circulate their demands throughout the legislature. - ADAPT (31)
[Headline] Heritage House Sued: Funds Violations Charged by Linda Cayton Attorneys for the Senior Citizens Law Center have filed suit in U.S. District Court charging the administrator and owners of Heritage House Nursing Care Center in Lakewood with illegally misappropriating and withholding personal needs money of patients, inadequate care, and intimidating and threatening residents who seek legal counsel. Officials of the Department of Health, Education and Welfare; Colorado Department of Social Services; and the Colorado Board of Health were also named as defendants for failure to enforce federal and state regulations governing nursing homes. The civil action represents a class action suit prompted by complaints received by the Legal Aid Society from the chief plaintiff, Patrick Smith, a 20 year old multiple sclerosis patient. Smith, a Medicaid patient, receives $25 per month from the Federal Supplemental Security Income (SSI) program to cover his personal needs. Early this year, Smith suffered a total respiratory breakdown and entered a local hospital. According to facts set forth in the lawsuit, while Smith was hospitalized, Thomas O'Halloran, administrator of Heritage House, instructed a bookkeeper to forge an “x” on Smith's SSI check. The check was endorsed, cashed, and credited to Smith's personal needs account. When Smith returned to the nursing home, O'Halloran informed him that his SSI check was unavailable. Later, Smith was informed that his check had been endorsed and cashed. Smith filed a complaint with the Legal Aid Society concerning the forgery. When attorneys informed O'Halloran of the complaint, he confronted Smith, calling him "despicable" and “ungrateful," and issued a week's eviction notice to him. Later, Smith's calls for nursing assistance went unanswered for some time and he was denied access to his medical files. In April, O’Halloran met with Assistant Colorado Attorney General Tony Accetta. According to Accetta's signed affidavit, O’Halloran admitted authorizing the forgery of Smith's signature in the belief that Smith would die before returning to Heritage House. O'Halloran also admitted circulating a memo stating that he did not “welcome harassment and threats from the legal profession” and explained that he threatened Smith with eviction because he did not want lawyers going through patients’ records. The suit charges O’Halloran and the owners of Heritage House with violating the Fifth and Fourteenth Amendments to the U.S. Constitution by depriving patients of the rights to manage their monies, to seek legal counsel, to adequate and proper medical and psychosocial treatment and care, to timely and adequate notice and opportunity for a hearing prior to a transfer from the facility and to access to their medical files. Casper Weinberger, Secretary of the Department of Health, Education and Welfare; Henry G. Foley, Executive Director of the Colorado Department of Social Services; and Edward Dreyfus, Director of the Colorado Department of Health were charged in the lawsuit with non-enforcement of the U.S. Constitution and those laws applicable to skilled nursing facilities. According to federal regulations, a nursing home patient should either manage his personal financial affairs or be given a quarterly accounting of financial transactions made on his behalf; be encouraged to exercise his rights as a patient and as a citizen with the right to voice grievances and remain free from reprisals; and be transferred or discharged only for medical reasons, or for his welfare, and be given advance notice of the transfer. State officials are charged with refusing to revoke or enforce Medicaid agreements or licenses of nursing homes that violate patients’ civil rights or provide inadequate care; inspecting nursing homes only once a year and giving prior notice of those inspections to the facility; and refusing to establish procedures for the management of patients’ personal needs money. Owners named in the civil action are Oscar Gross and H. Sol Cersonsky, general partners of Heritage House Associates; and Jack D. Feuer, a limited partner of Heritage House. Also named are limited partners M.J. Beitscher, Harry Berman, Bernard Ceronsky, Louis L. Fox, Howard D. Greyber, Martin Gross, Soloman Gross, Arnold Heller, Barry B. Melnick, Manuel Nash, and Johnny M. Weinreich.