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홈 / 앨범 / 태그 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 (187)
Los Angeles Times 4/10/85 PHOTO by Vince Compagnone, Los Angeles Times: A Trailways bus sits surrounded by half a dozen or more people in wheelchairs. One man in a manual chair with a golf style cap sits alone at the back left corner of the bus. One the right side of the bus, closest to the camera are three other people in manual chairs. They appear to be talking with Bob Conrad and a few others up at the front right side of the bus, by the entrance. Renata Conrad is in the white coat. On the back of the bus is a sign that reads "Got a Group? Charter this Bus. 1-800-527-1566." Caption reads: Handicapped people surround a Trailways bus Saturday, delaying its departure by two hours. [Headline] Disabled People Block Bus at Terminal by Kathleen H. Cooley, Times Staff Writer About 20 disabled people blocked a Trailways bus for more than two hours Saturday at the downtown terminal until the terminal manager agreed to ask a company executive to meet with the disabled group concerning difficulties wheelchair-bound people have with bus travel. The group which represents American Disabled for Accessible Public Transportation (ADAPT), was in town to meet with members of the American Public Transit Assn. today. Representatives of ADAPT said they want a legislation requiring all new buses operated by private companies such as Greyhound and Trailways to be equipped with wider doors, lifts and ramps. Most public transportation operators, including San Diego Transit, provide wheelchair lifts on at least some buses. ADAPT member Claude Holcom bought a ticket to Los Angeles, but when Trailways' personnel told him they would have to fold his wheelchair and carry him to his seat, Holcom declined to board the bus. "We don't think a person should have to be carried aboard a bus," said Wade Blank, one of the protest's organizers. “It's very dehumanizing. They’re taking away their legs." Blank and fellow ADAPT member Mike Auberger said the group is trying to draw attention to the frustrations of traveling by bus and being in a wheelchair. Although both Trailways and Greyhound buses are not equipped to handle wheelchairs, Blank said ADAPT met with Greyhound officials last week to discuss the possibility of fitting new buses with lifts. “This is a symbolic protest, just like the civil rights protests of the '60s, but we have the right to travel the same as anybody else," Blank said. "The wheelchair is like somebody's legs." The Los Angeles bus, with its two passengers, was scheduled to leave the C Street station at 4:15 p.m., but by the time terminal manager Fred Kroner arrived and negotiated with the ADAPT members, it was nearly 7 o'clock before it departed. The two passengers appeared surprised and baffled by the protest and by queries from members of the news media. One man opted to go to the Greyhound terminal two blocks away and catch another bus rather than wait out the protest. The other passenger, Mich Galloway, 23, said he was sympathetic to the group wanting equal access to buses and waited patiently until the protesters dispersed. “I see where they are coming from." Galloway said. "I hope something is done about it." After several phone calls to the Trailways corporate offices in Dallas proved fruitless. the ADAPT members agreed to accept from Koner the name, address and phone number of the company‘s public relations officer. who they intend to call Monday. "l really can't do anything about the situation. l'm just this terminal's manager." Koner said. - ADAPT (444)
The Dally Sparks Tribune Monday, April 10, 1989 - Vol. 77, No. 236 © 1989 Sparks Tribune Co. 25 cents [Headline] Protesters, police clash at Nugget One demonstrator hurt; 7 in jail begin a hunger strike By Steve Timko - Tribune Staff Seven handicapped-rights advocates sent to the Washoe County jail Sunday night by Sparks Municipal Court Judge Don Gladstone are staging a hunger strike until they are free from jail. And one member of American Disabled for Accessible Public Transit (ADAPT) that protested at John Ascuaga's Nugget Sunday said her knee was broken when a Nugget security officer accidentally hit her leg with a door. Approximately 75 ADAPT members paraded down B Street and converged on the Nugget to protest the American Public Transit Association (APTA) meeting that is continuing through Sunday. The transit association opposes installation of wheelchair lifts on new public buses and the disabled group sought a meeting with its leaders inside the casino to discuss the issue. Nugget employees stood inside the casino doors, refusing to allow access to the ADAPT members. In response, the ADAPT members, most of them in wheelchairs, blocked the entrances to the hotel casino. Meeting organizers said they would meet at 1 p.m. today at Western Village Casino to consider what form of protest, if any, the group should stage today. "We‘ll definitely be taking an action, but we'll be discussing what we're going to do," organizer Stephanie Thomas said. Forty-nine people were arrested Sunday and seven were sent to jail. ADAPT leaders said this morning at the Washoe County jail that the seven being held were staging a hunger strike. Five of the seven pleaded not guilty to misdemeanor charges during their arraignment Sunday night in Sparks Municipal Court for refusing to give information that would allow them to be released on their own recognizance. They have trials set for next Monday. One was cited for contempt of court by Gladstone and sentenced to two days in jail and another was sent to jail until he pays his fine. ADAPT member Beverly Furnice, a cerebral palsy victim, said this morning she is finished protesting after her knee was broken Sunday. Furnice was in her wheelchair near the southeast door on the 11th Street side of the building when a security officer hit her leg, she said. She knew immediately it was broken, Furnice said. “It hurt. I hollered, ‘It hurt my leg. It hurt my leg,'" Furnice said. She went to Sparks Family Hospital where they bandaged her leg, she said. "l'm sorry to hear that," Nugget spokesman Parley Johnson said. “We made every possible effort to ensure the safety of all involved," Johnson said. “However, if we have someone trying to get in, ...and we're trying to get the doors closed, what can I say? The person (trying to get in) is contributing to the problem. "We could not allow the group to come in and disrupt our business and cause problems with our customers," the Nugget spokesman said. “And we have every right to do this." ADAPT protesters are staying at Western Village and took their protest down B Street to the Nugget about 3 p.m. Sparks police made some preliminary arrests and by 5 p.m. all of the ADAPT protesters had moved away from the casino doors. But then at 5:07 p.m.,a phalanx of about a dozen in wheelchairs charged down Nugget Avenue between interstate 80 and the Nugget parking lot and the doors were again barricaded. Just about every Nugget entrance seemed to be blocked at one point or another. ADAPT protester Harlan Hahn of Santa Monica,Calif., was talking to a reporter when Pam Fyock of San Luis Obispo, Calif., who is also confined to a wheelchair, scolded him and other protestors as she left the Nugget. “Just arrest them and haul their ass off," Fyock said of protesters. “They're inconveniencing all of us." After Fyock's comments, however, a transportation association member from Denver said he supported the protestors in their efforts to require more handicapped access to public transportation. “Based on my experience. we don't have problems providing access to the handicapped," said Kevin Sampson of the Denver Regional Transportation Department. “In Chicago, they have hardly any (handicapped access). In Denver, we have almost 600. What the hell is wrong with Chicago?" Sampson said. Hahn, a political science professor at the University of Southern California, compared the handicapped protests to the civil rights protests by the blacks in the 1950s and 1960s against being forced to sit in the back of the bus. "Sparks is the site of a civil rights struggle that began with the Montgomery Boycott," Hahn said. ADAPT protest organizer Stephanie Adams said the Sparks protest has been a little rougher than protests in other cities, citing Furnice's broken knee as one example. "They don't usually handcuff us" when they are arrested, Adams said. Protesters were also pushed and kicked as they tried to enter doors, she said. “Having people serve time for a first offense is not typical," she added. This was the seventh straight year the disabled group had staged a protest at a meeting of the transit group. PHOTO 1 (above) by Joanne Haskin: An African American protester [ET, Ernest Taylor] in a manual wheelchair is bent double on his lap, grimacing, as police officers on each side hold his arms behind his back. PHOTO 2 (right) by Joanne Haskin: A police officer holds a bull horn to his mouth, and a clip board in front of him. Behind him the scene is crowded with several other policemen's heads. All are wearing caps with the Sparks police star logo on the front, and the officer in front has the leaf insignia on the brim. Caption reads: Protest arrests — Sparks police handcuff an unidentified protester (above), one of 49 people arrested Sunday afternoon when members of a handicapped rights group attempted to block the entrances to John Ascuaga's Nugget. The group was protesting the policies of the a public transportation group holding a convention at the Nugget. More than two dozen Sparks police officers, aided by the Nugget's security staff, attempted to maintain order during the demonstration. - 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 (533)
The Washington Times Wednesday, March 14, 1990 Handicapped protesters arrested The Associated Press Demonstrators in wheelchairs were arrested in the U.S. Capitol yesterday after confronting House leaders with demands for quick passage of legislation guaranteeing them civil rights protections. A crowd of more than 100 disabled demonstrators threatened civil disobedience and interrupted House Speaker Thomas Foley and House Minority Leader Robert Michel as the congressional leaders tried to speak over the din in the cavernous Capitol Rotunda. After the congressmen left, about 70 disabled people assembled in the center of the Rotunda and began chanting in an attempt to provoke arrest. Capitol Police, standing nearby, encircled the protesters and began taking them into custody. Outside the Capitol, police began placing the protesters - most in Wheelchairs - into several government owned vans. The demonstrators were being charged with unlawful entry and demonstrating within the Capitol, said Capitol Police Officer G.T. Nevitt. The first charge carries a maximum sentence of six months in jail and a $100 fine; the second, six months in jail and a $500 fine. “It is a priority for passage in this session of the Congress," Mr. Foley shouted over catcalls from the protesters. “l am absolutely satisfied it will reach the floor. we will have a conference with the Senate and it will become law." “Will it be on the floor in 24 hours? No," Mr Foley added in a statement greeted with a chorus of boos. “I am not going to set an artificial deadline that prevents the committees from sending a bill to the floor that they can defend," he said. It was the second day of lobbying by the disabled. On Monday, dozens of people crawled out of their wheelchairs and up the steps of the Capitol to dramatize their demands. The focus of the protest was the Americans with Disabilities Act, which was passed by the Senate last year but has bogged down in the House, despite widespread predictions of its ultimate passage. The measure would outlaw discrimination based on physical or mental disability in employment, access to buildings, use of the telephone system, use of public and private transportation, and other situations. The Capitol has ramps for wheelchair access to two of its entrances and ramps and elevators inside to enable people confined to wheelchairs to get around. During the midday face-off in the Rotunda, Mr. Foley sought to assure the disabled that House leaders “want to see that this bill has the greatest possible support and will reach the president's desk in a way that he can sign it." Mr. Michel told the crowd he had broached the issue earlier yesterday in a meeting with President Bush at the White House. He acknowledged that the disabled community “is getting a little bit impatient because the wheels of Congress are not moving fast enough." Although the Bush administration and congressional leaders support the bill, some have begun questioning the administration's commitment in recent weeks. White House Press Secretary Marlin Fitzwater denied its support was slipping and said the administration was negotiating with key members of Congress. "We do support the legislation," Mr Fitzwater said. “We‘re very supportive of their rights and their cause." - ADAPT (558)
Grapevine (the title is surrounded by grape leaves and clusters of grapes) Weekly Happy birthday, TJ, see Editorial, p. 2. New Thomas Pynchon novel reviewed, see p. 5. FREE! In This Issue: Editorial . . . . ............ . . . 2 Letters to the Editor ..... 2 City Board Agenda.........2 Lithuanian Story to Tell..3 Grapevine Digest............3 Sheffield Nelson's Vi......4 The Way Were.................5 Grapevine Comics...........6 KUAF Radio Guide.........6 Classifieds.........................7 Community Sportsline.....7 Dictionary of Democracy..7 Watching the Environment 8 The Movies . . . . . . ..............8 Local Live Music . . . ..........8 Volume XXI, Number 32 A Free Weekly Newspaper Fayetteville, Arkansas Friday, April 13, 1990 PHOTO (by Tom Olin): The front line of a big march, headed by an African American man (George Roberts) in a motorized wheelchair with dark glasses and a sign reading "We Shall Overcome", a woman (Stephanie Thomas) with frizzy hair and mirror sunglasses in a manual wheelchair, a sign across her legs reads "Access is A Civil Right", a Latino blind man (Frank Lozano) standing tall with his back back, bandanna-headband, and dog-guide Frazier on his left all with stern expressions on their faces. To Frank's left a young girl (Jennifer Keelan) almost stands in her wheelchair yelling a chant as her grandmother and sister Kailee push her along. Behind them a man in a white button down shirt (Evan Kemp) smiles, Justin Dart's hat is visible over Stephanie's hair and he is being pushed by a tall man (Jay Rochlin) in a suit with a button on his lapel. Between Frank and Jennifer, a short man (Michael Winter) in a wheelchair is visible. Behind them, row upon row of marchers heads, several with mouths open chanting. Breaking Down the Barriers Civil Rights for People with Disabilities by Yaél Hana Bethiem In 1983 I considered killing myself. l considered this out of a deep despair, an agony over my life. In 1983 I had been diagnosed with a progressive disease. I could no longer work, could no longer sit in chairs and could stand for shorter and shorter periods of time. In other words, I was becoming disabled. I was panicked. How could I live without my physical life, my strength, my independence? What I didn't see at the time was that I was buying into our culture's attitudes about disability. I could not value myself or value my life because the system I had to fight to get my basic needs met, did not value me; l live in a culture that believes that "out of sight, out of mind" is acceptable policy for dealing with people with disabilities. In a culture that values productivity above all else, those who cannot produce, or who need assistance to be able to produce, are considered a burden. Our culture also has a myth called the “American way," which says that if anyone "tries hard enough" he or she can “make it." When applied to people with disabilities this means that if only we “try harder" we can "overcome." We can rise above the barriers, showing superhuman strength, and then we will be more acceptable. This attitude makes people believe the barriers do not need tn be removed. Instead, they think we, the disabled, need to overcome them. In other words, the closer we cart be to “normal," the more we are accepted. Those who cannot become more normal are locked away, out of sight, out of mind. Those of us living within this oppression, for it is oppression, often internalize the culture's attitudes. We believe there is something wrong with us. Millions of people share this fate with me; we are locked away by a society that would prefer to pretend we do not exist. We are imprisoned by attitudes that do not see people with disabilities as fully human; attitudes that expect us to "overcome" (or heal ourselves); attitudes that create barriers, or do not see the barriers that do exist. There are 43 million people with disabilities in the United States. We are one of the most repressed minorities in this country. We are denied access to basic rights, transportation, jobs, and respect. For people with disabilities there are thousands of ways the oppression affects us, thousands of forms of prejudice and visible and invisible barriers. An example of the effects of this oppression is the story of David Rivlin. David was a quadriplegic who, last summer, chose to have his respirator turned off. He went to court to ask for the right to die. His story was aired on TV. I heard people around me say, “l would do that too. I wouldn't want to live like that." David lived in a nursing home. He lay in bed twenty-four hours a day tied to a stable respirator. David didn't have to live this way. He could have had a portable respirator and thus been able to use a wheelchair. He didn't know about a portable respirator and no one ever told him. The government was paying $2300 day to keep David in a nursing home, but would pay only $207 a month for an attendant so David could live independently. The day before David died, a reporter covering David's story discovered that money could have been gotten for David to live independently if someone had known how lo “work the system." David's struggle reflects the struggle of people with disabilities in this country. If David, and other people with disabilities were given their right to make choices in their lives all along, there would be no necessity of fighting for the right to die. The Americans With Disabilities Act There is a growing awareness of the need for change in policy and attitude toward people with disabilities. Last year a bill was introduced in Congress called the Americans With Disabilities Act (ADA). The ADA would begin to guarantee civil rights for people with disabilities. Although it has already been modified since its inception, the ADA, as it now stands, would be a beginning to removing barriers that prevent people with disabilities from participating in society. Unfortunately, the ADA is facing serious compromise due to powerful lobbies against it. It is also facing changes that would remove its power as a civil rights act. Last summer, the ADA was passed almost unanimously by the Senate. It was endorsed by President Bush. It then moved into the House of Representatives, where it is now stalled. The most powerful lobbies against the bill are Greyhound and the National Federation of Independent Businesses along with the Chambers of Commerce. Greyhound is against the ADA because they will have to equip new buses with wheelchair lifts. They claim it will cost them millions of dollars, yet they are adding in costs that have nothing to do with the Americans With Disabilities Act. While using erroneous concepts for the cost figures, Greyhound is pouring money into Washington to fight the bill. The National Federation of Independent Businesses also base their antagonism to the ADA on erroneous concepts. The NFIB is saying the ADA will cause hardship for businesses. The ADA requires that public facilities constructed after the ADA becomes law be accessible. Existing facilities have to be accessible within two years of enactment if the access is "readily achievable without much difficulty or expense." In other words. businesses can decide for themselves whether they can afford to provide access. On March 10, American Disabled for Accessible Public Transportation (ADAPT) held a march on Washington to promote awareness of the Americans With Disabilities Act. Over 1,000 people with disabilities came from all over the country. They marched from the White House to the steps of the Capitol. The rest of the week was filled with talks with key figures and demonstrations. Many people participated in planned civil disobedience aimed at calling attention to the current injustice. Because the ADA is civil rights legislation, it ties in with the Civil Rights Act of 1964. New legislation has just been introduced that would create real remedies for violations of the Civil Rights Act. Because the ADA is tied to the Civil Rights Act these remedies would also apply to violations of the ADA. Opponents of ADA want to separate the ADA from the Civil Rights Act. For people with disabilities this would be a compromise that essentially negates the purpose of the ADA. People with disabilities deserve to be treated fairly and humanely, which at this point we are not. It is time to remove the barriers, especially the barriers of mind. It is time to break down the walls that have kept people with disabilities imprisoned. The Americans With Disabilities Act is a very important step. Please write to Hon. John Paul Hammerschmidt at U.S. House of Representatives, Washington, D.C. 20515 or 35 E. Mountain, Fayetteville, AR 72701 . Let him know you are aware of the ADA. Ask him to support it as it now stands. Only unity can save our threatened planet.On every level we have to move out of the mindset of differences and into the awareness of our shared humaneness. Now it is time also to move out of separation based on physical ability. Only then can we really share our resources. Only awareness of barriers can bring the possibility of their removal. Yael Hana Bethiemn is a free lance writer from Eureka Springs. - ADAPT (483)
HIGHLIGHTS OF THE COURT DECISION The following is a summary and explanation of the court's decision by Timothy M. Cook, the attorney who argued the case on behalf of ADAPT. The court: l. Struck down, as contrary to federal disability civil rights law, “local option,” the DOT policy that allows transit systems the option of providing transit to persons with disabilities only if we make advance reservations, sometimes several days in advance, and then only in segregated settings. 2. Required that every bus newly purchased with federal assistance must be accessible. No retrofitting is required; the ruling only applies to future purchases. The court said that because transit systems may phase in accessible buses, the ruling would not lead to any undue financial burdens for transit systems. 3. Required that transit systems provide both accessible mainline transportation for those who can use accessible buses, and adequate paratransit to serve those who cannot. 4. Struck down the 3 percent cost cap under which DOT deemed transit systems to be in compliance with federal disability civil rights laws once they spent 3 percent of their operating expenses on disability access. As important as the holdings in the case are the language and rationale used by the court in reaching its conclusions. The 73-page, decision is laced with integration-oriented statements and phrases derived from the corpus of race and gender discrimination cases. Thus, the case sets forth a new charter for interpreting laws like Section 504, stating that Congress’ plain intent was to eliminate the segregation of persons with disabilities. It’s good cause for celebrating. But neither too long nor too loudly, for the war is not yet won. We must press forward on two important fronts before that day comes: l. First and foremost, DOT has 90 days from the date of this decision to decide whether to seek an appeal to the U.S. Supreme Court. This decision will be made by DOT and the Department of Justice, but the White House will also be involved. It is important that we mobilize quickly and inundate DOT, Justice, and the White House with letters from all of us, urging them to embrace the Court of Appeals Decision. Remind President Bush of his campaign promises to integrate persons with disabilities into all aspects of American life. Without access to public transit, as we all know, that is impossible. And just last week President Bush, in his speech to the joint session of Congress, reiterated his commitment to bring persons with disabilities into "the economic mainstream." Letters should go to: William Skinner Secretary of Transportation 7th & Maryland Ave., SW Washington; D.C. Dick Thornburg Attorney General Dept. of Justice 9th & Penna. Ave. NW Washington, D.C. C. Boyden Gray Counsel to the President 1600 Pennsylvania Ave. Washington, D.C. And, of course, to President Bush at the White House. 2. We must move forward in support of the Americans with Disabilities Act (ADA), using the court decision as additional impetus. The ADA, which will be reintroduced in the Congress soon, will require that all new buses and transit facilities be accessible. Urge your Senators and Congressperson to climb onto the bandwagon and be a co-sponsor of the ADA when it is reintroduced. If we can get the ADA enacted, there will be no need for any additional court fights. - ADAPT (549)
Denver Post Rights bill OK’d for disabled President expected to sign landmark act By The Washington Post WASHINGTON — Amid rare displays of personal emotion, the Senate gave final approval yesterday to landmark legislation barring discrimination against an estimated 43 million Americans with physical and mental disabilities and sent the bill to President Bush, who is expected to sign it. The legislation was overwhelmingly approved by the Senate after several members spoke with deep emotion of the importance of the legislation to brothers, sisters and children in their own families. The Americans with Disabilities Act, which would give the disabled the same civil-rights protections in jobs, accommodations and services that currently apply to minorities, women and the elderly, was approved by the Senate by a vote of 91 to 6. The House, voting 377 to 28, approved it late Thursday. The way was cleared for final action on the measure when House-Senate negotiators agreed Thursday morning to a Senate proposal to drop a provision that would have let employers transfer workers with AIDS out of food-handling jobs. On the Senate floor yesterday, Sens. Tom Harkin, D-Iowa, Orrin Hatch, R-Utah, and Edward Kennedy, D-Mass, visibly struggled with their own emotions as they told of close relatives who were inspirations to them in spite of — or because of — their disabilities. Simultaneously ,'speaking and giving his summation in sign language in tribute to an older brother who is deaf, Harkin, the bill's sponsor, said it “sends the world a clear and unequivocal message that people with disabilities are entitled to be judged on the basis of their abilities and not on the basis of ignorance, fear and prejudice.” “American will be a better place because of the action we take today,” said Hatch, who fought back tears as he told of the inspiration he drew from a brother-in-law "who was stricken by polio and slept nights in an iron lung after working every day until his death. Kennedy told of his mentally retarded sister, Rosemary, and his son, Ted. who lost a leg to cancer. PHOTO (Associated Press): A group of people stand in a fancy Capitol room. On the left side of the picture two men in suits stand together (Rep. Hoyer and Sen. Hatch) one holding a cloth and smiling, the other wiping his eye. Facing them is a small crowd of people several of whom are clapping and smiling. A man on the far right appears to be blind. In front of the others are a woman and a man (Justin Dart) in wheelchairs. Justin, wearing his trademark cowboy hat, has his head down and is wiping his eyes. A tall man in the back is taking a picture over other people's heads. Caption reads: EMOTIONAL SHOW. Rep. Steny Hoyer, D-Md., left, and Sen. Orrin Hatch, R-Utah, wiping away a tear, join in celebrating passage of bill on employing people with disabilities. - 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 (461)
RENO GAZETTE-JOURNAL Monday APRIL 10, 1989 [Headline] 49 disabled protesters arrested in Sparks Photo by Cralg Sallor/Gazette-Journal: Two men in wheelchairs are being arrested by police in the middle of the street. The man on the left, Bob Kafka, is being bent forward in his chair and being handcuffed behind his back. Across his legs he has a poster but it is not readable from this copy. The man on the left, Bill Bolte, is sitting up hold a sign about Rights in front of his chest. The policeman is standing beside him bending forward to do something to his chair it seems. caption reads: CONFRONTATION: Sparks police arrested Bob Kafka, left, of Austin, Texas, and Bill Bolte of Los Angeles. Text box has the quote: 'My rights are worth fighting for.’ Bill Bolte/demonstrator [Headline] Public transit meeting draws demands for accessibility By Darcy De Leon/Gazelle-Journal Sparks police arrested 49 disabled protesters demanding accessibility to public buses during a protest Sunday aimed at national transit officials meeting at John Ascuaga's Nugget. About 75 wheelchair-bound members of Denver-based American Disabled for Accessible Public Transportation (ADAPT) rushed two entrances of the hotel—casino about 3:15 p.m., but Nugget security officers and police inside blocked the doorways. ADAPT activists chanting, “Access is a civil right,” struggled to open the doors an confront officials with the American Public Transit Association (APTA) attending a five-day convention through Wednesday. Bob Kafka of Austin, Texas, and Bill Bolte, a Los Angeles resident, were the first protesters to he arrested. "My rights are worth fighting for," said Bolte, 57. “APTA is discriminating against us," said Kafka, who has used a wheelchair since breaking his neck in a car accident at the age of 26. "We feel that APTA is to the disabled what the KKK is to the black community.“ At the height of the protest police dragged away three demonstrators lying in the casino entrance. No injuries were reported, police said. Sparks police Lt. Tony Zamboni said that as of late Sunday night, five of the 49 demonstrators arrested had been transferred to the Washoe County jail, after their arraignment in Sparks Municipal Court. They were being held in lieu of $1,025 bond for investigation of obstructing traffic, obstructing a police officer an blocking a fire exit, Zamboni said. Arraignments continued Sunday night for the remaining protesters. Disabled residents from Reno and 30 other cities throughout the country joined in the protest of an expected appeal of a federal court order that requires all public bus systems to be equipped for wheelchairs. ADAPT filed a lawsuit asking for the decision last year. The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled in favor of the group in February. Demonstrators Sunday hoped to persuade the transit officials to work against the appeal, expected to be made by the U.S. Department of Transportation today. APTA spokesman Albert Engelken said the group's protests are “compelling and heart-rending." But he said APTA cannot afford a national mandate for the lifts, which cost $15,000 to install and even more to maintain. Engelken also cited low usage of the buses and suggested the lift requirement be a local option instead of a state mandate. “We're for accessible transportation for the disabled, and we do have it, but the local transit systems and the local disabled communities should decide what is needed because they know what's best." Reno’s Citifare would not be affected by the decision because transit officials already have made a commitment toward a 100 percent wheelchair-equipped bus system, said Bill Derrick, planning manager for the Regional Transportation Commission. All Citifare buses bought since 1984 are wheelchair-equipped, he said, and all non-equipped buses will be replaced by 1996. Mike Auberger, ADAPT founder and protest organizer, said the group has staged at least 14 demonstrations at APTA conferences during the last seven years throughout the United States and Canada. Auberger, 33, of Denver, who has been confined to a wheelchair since a bobsled accident 17 years ago, said demonstrators will follow APTA convention-goers for as long as it takes. “We’re not fighting Reno or any other city. We're fighting APTA,” he said. “We will go to jail, we'll get arrested, but so what — it's a misdemeanor. We'll do it again." Citifare accommodates the disabled more than some other cities, said Reno resident Dottie Spinnetta, 51, who suffers from muscular dystrophy and rides the buses five days a week. But RTC could improve the system by offering additional wheelchair space on the buses and bus pickups every 30 minutes instead of every hour. “I should be able to get around as everyone else can and not have to ask,” she said. “That’s what everybody wants — to be independent." The only drawbacks of using Citifare for John Civitello, 21, is that he has to get up at 4 a.m. to catch a 6 a.m. bus that takes him to his job with American Handicapped Workers. He then waits outside the office another hour until his workday begins at 8 a.m. PHOTO by Joanne Haskin: Two policemen are standing one behind the other, facing a third and behind him is a fourth officer who is using what looks like a video camera. All the police wear hats and are looking down. From their midst, the wild head of Arthur Campbell sticks out, his long white hair flying in different directions, a strange grin on his face and his intense eyebrows above his dark eyes. The police seem to be cradling him, and look down at him. Caption reads: Protest scuffle—Sparks police detain one of the ADAPT protesters that blocked the entrance to John Ascuaga's Nugget during a demonstration Sunday afternoon. Sparks police made a total of 49 arrests during the protest. - ADAPT (523)
The New York Times Sunday March 18, 1990 Growth of a Civil Rights Movement The Disabled Find a Voice and Make Sure It Is Heard by Steven A. Holmes Doing whatever it takes to fulfill the promise of a landmark Federal law. WASHINGTON THE pictures were striking, just as they were intended to be: Children paralyzed from the waist down crawling up the steps of the Capitol, and more than 100 protesters, most in wheelchairs, being arrested by police officers in riot gear after a raucous demonstration in the Rotunda. The aim of the demonstration was to press for enactment of the Americans with Disabilities Act, a comprehensive civil rights bill that extends to physically and mentally disabled individuals the same protections against biased treatment in employment, transportation and public accommodations now accorded women and minorities. You can view disability rights as one of the latest chapters in the overall civil rights movement,” said Wayne Sailor, a professor of special education at San Francisco State University. It was not always so. For years, the agenda for the disabled was set by organizations like the March of Dimes and the Easter Seals Foundation, which focused on providing services for the disabled and prying money loose from government and individuals to find cures for such illnesses as cerebral palsy. In the last two decades, however, the attitude of those with disabilities has shifted from being passive recipients of institutional largess and paternalism to demanding a full role in society. “We're not Tiny Tims, or Jerry’s kids," said Bob Kafka, a quadriplegic from Austin, Tex., as he demonstrated outside the White House last week. The disability rights movement was shaped by' a number of scientific, cultural and political forces. In many ways, it is a by-product of the technological revolution. Breakthroughs in medicine, the development of computers that allow the hearing and speech impaired to use telephones, and advancements in motorized wheelchairs have meant more people with severe handicaps live longer, can do more for themselves and have the potential for enjoying fuller lives. "There are people with serious spinal cord injuries who used to die within two weeks that now live 30 or 40 years," said Dr. Frank Bowe, a deaf scholar whose 1978 book “Handicapping America" is to the disability rights movement what Betty Friedan's “The Feminist Mystique" was to the women's movement. “It’s one thing to say we have this marvelous technology, but if nobody‘s going to hire you, what's the point?” As the most efficient means of creating disabled people, wars have always been a factor in advancing the disability rights movement, and Vietnam was a main force. The war added a large number of disabled veterans, already angry over America's indifference to their sacrifice in Southeast Asia, to an army of people with disabilities demanding fairer treatment. The Library of Congress, for example, estimates there are 43 million Americans with some form of disability. In l973, after two vetoes by President Richard M. Nixon, Congress passed Section 504 of the Rehabilitation Act, which barred discrimination against the disabled by any entity receiving Federal funds. But no regulations were written to put it into effect until 1978, after advocates staged a 28-day sit-in. Entrenched Barriers But barriers remained entrenched in the private sector, where the bulk of the new jobs were created in the last decade. "We had no rights at all there," Dr. Bowe said. During the l980's, the disability rights movement struck an alliance with traditional civil rights and feminist groups. As a result, for the first time, discrimination against the disabled was barred in the sale or rental of housing, “Standing alone, we could not have done that," said Pat Wright, director of the Disability Rights Education and Defense Fund, who is legally blind. “But wrapped in the arms of the civil rights community we had a lot more power." The movement has also gained sympathetic ears both on Capitol Hill and in the Bush Administration. Officials and lawmakers who have relatives with various afflictions are more responsive, as are politicians who are increasingly aware that the votes of the disabled are up for grabs. That point became clear after the Republican National Convention in 1988, when, in his acceptance speech, Mr. Bush became the first Presidential candidate to address the problems of the disabled directly. A poll by Louis Harris and Associates taken after Mr. Bush's speech showed that the lead Michael S. Dukakis held over Mr. Bush among disabled voters fell to 10 points, from 33. But advocates say they have just begun. Just as the Government can pass laws that end racial discrimination, but not racism, it can outlaw biased treatment of the disabled but mot mandate acceptance of them. “You can't legislate attitudes," said Ms. Wright. “But the attitudinal barriers will drop the more disabled people are employed, the more they can be seen on the street and when we become not just a silent minority, but full participating members of society. Photo (from Associated Press): Looking up from the ground toward the dome of the Capitol in the background. In front a person in a wheelchair, back to the camera, holds the ADAPT flag. In front of the flag a man, Walter Hart, in a wheelchair with a bandanna tied around his head and dark sunglasses looks toward the first person. On the right side of the photo another man in a wheelchair, Joe Carle, sits talking with the other two. Caption: Rally near the Capitol last week to press for a bill extending rights for the disabled. - ADAPT (487)
The Handicapped Coloradan ADAPT wins transit access VlCTORY! Federal court orders all new buses to be equipped w|th wheelchair lifts APTA pressures DOT to appeal decision Feb. 13,1989. Call it V-D Day. Victory over the Department of Transportation (DOT). Or call it V-A Day. Victory over the American Public Transit Association (APTA). Because on that day in Philadelphia, within earshot of the Liberty Bell and walking distance of the hall in which the Declaration of Independence was forged, disabled Americans won not only the right but the means to ride mainline public transportation. On a 2-l vote, the U.S. Court of Appeals for the Third Circuit ruled that in the future every transit system in the nation that buys buses with assistance from the DOT must purchase only buses equipped with wheelchair lifts. That decision reverses a 1988 ruling by U.S. District Judge Harold Katz who upheld DOT’s policy of allowing transit systems the “local option" of providing public transit to people with disabilities through a paratransit system. APTA, which reaffirmed its support of local option at its last national convention, has urged DOT to appeal the decision to the U.S. Supreme Court. Such an appeal must be filed within 90 days, or by May 13, 1989. DOT already has filed for a rehearing, and the court is expected to announce by March 29 if they would be willing to reconsider the decision. Justices Carol Los Mansmann and A. Leon Higginbotham wrote the maiority opinion with Judge Morton Greenber dissenting. The case was brought to the Court of Appeals by a dozen disability rights organizations, led by the militant American Disabled for Accessible Public Transit (ADAPT) and the Eastern Paralyzed Veterans of America. Timothy M. Cook, director of the newly formed National Disability Action Center, argued the case. It wasn't the first time wheelchair lifts have been in the courts. in 1979, the DOT, at the direction of President Jimmy Carter, ordered all transit systems to install lifts on new buses, but that mandate was struck down in federal court after an appeal by APTA. APTA’s insistence on local option led to the creation of ADAPT by a handful of militant wheelchair users in Denver, who set up pickets outside the Hilton Hotel headquarters of APTA's I983 national convention. At the insistence of Mayor Federico Pena, ADAPT was allowed to speak before the convention and no arrests were made. That was the last time either situation would exist. At every subsequent national convention or regional APTA meeting, wheelchair militants have shown up in force, blocking buses and hotel entrances until local police forces were forced to cart them away to jail. “Who would have thought a bunch of ragbag crips from Denver could have started something that would have grown this big?" asked ADAPT founder Wade Blank, co-director of the Atlantis Community, a local independent living agency. Both Blank and Cook cautioned that the war was not over yet, although both said they were pleased that the 73-page court opinion was filled with the language of the civil rights movement and would go a long way toward convincing those on the fence that their cause was just. The Court of Appeals opinion reads, in part: “We find the goal of eradicating the ‘invisibility of the handicapped‘ led Congress to enact measures to facilitate, if not immediate and complete mainstreaming of the handicapped, then affirmative and aggressive steps in that direction." The decision involves only new buses, as the justices argued that requiring systems to retrofit old buses would subject them to "undue burdens." Cook said after the decision was handed down that the "opinion is completely consistent with President Bush's call last week, in his speech before Congress, for Americans with disabilities to be ‘in the economic mainstream.‘ Nothing is more essential to meeting that goal than the provision of accessible public transportation." Mike Auberger of the Denver ADAPT chapter, who's been arrested in several cities while engaging in civil disobedience, agreed that accessible public transit is the key to enabling disabled people assume full citizenship. "People are dying out there," Auberger said. "Disabled people go into nursing homes because they don't have any options. I personally know people who have committed suicide because they don‘t have any options. Wheelchair lifts will give them that option." Auberger said that ADAPT doesn't plan to rest on its laurels. They'll be Reno April 7-ll for a regional APTA convention and back in Denver April 23-26 for the national meeting of the Urban Mass Transit Association (UMTA). “Our demand is simple," Auberger said. “We just want them to drop the appeal process and accept the decision." If they don't, Auberger promised that protesters would try to fill the jails one more time. To that end, ADAPT members intend to picket DOT offices in 12 cities on Good Friday, March 24, and ask staff members there to call the Presidiential assistant in charge of transportation matters and ask that the court decision not be appealed. "If they don't make the call, then we don't go," Auberger said. "I'm sure we'll take some heat because we're doing it on Good Friday," he said, explaining that he expects many offices to be shorthanded because of workers leaving early for the Easter weekend. "That should just add to the confusion." - 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. - 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 (52)
Rocky Mountain News, Wed., April 6, 1977, Denver, Colo. PHOTO by John Gordon: A large crowd of protesters, many in wheelchairs, are gathered outside a building. All are facing the building and a couple carry signs. Caption reads: Wheelchair demonstrators gather at noon Tuesday in front of federal courthouse. [Headline] Disabled protest lack of HEW action By Alan Cunningham Chanting slogans and carrying picket signs attached to crutches, more than 100 disabled persons staged a protest march and sit-in Tuesday at the federal office building in downtown Denver. Their sit-in was expected to last all night outside the regional office of the U.S. Department of Health, Education and Welfare (HEW) It was part of a nationwide protest aimed at forcing HEW Secretary Joseph Califano to sign regulations implementing a "handicapped bill of rights" passed by Congress nearly four years ago. The demonstration was peaceful, for the most part, but was marred by one incident in which a parking lot manager across the street from the federal complex allegedly assaulted demonstrator Dennis Wilcox, a quadraplegic, causing him to fall out of his wheelchair. Wilcox apparently was unhurt. The manager, James C. Chidlaw, insisted the encounter occurred accidentally as he attempted to guide stalled motorists through his lot. But, on complaints by Wilcox and another demonstrator, Chidlaw was cited into county court to face two charges of assault. Simultaneous demonstrations too part at HEW headquarters in Washington and at regional offices in Denver and eight other cities. They brought forth an assurance from Califano that he would sign the regulations “early in May," but Denver demonstrators — part of a nationwide coalition which had demanded he sign by Monday - were unimpressed. In speeches outside the federal courthouse at noon Tuesday, they declared they wanted to see immediate action by HEW, followed by an aggressive program to carry out various facets of the four-year-old law. At issue is Section 504 of the Federal Rehabilitation Act of 1973, which had never been put into effect. Handicapped groups have fought with HEW secretaries under Presidents Nixon, Ford and now Carter to force them to sign regulations which would implement the act. A federal judge ordered last year that such regulations be signed, but the matter still went unresolved. The law when it takes effect, will guarantee many of the same rights to handicapped Americans which were extended to racial minorities and to women under prior legislation of the last two decades. Its provisions are expected to force public school districts to open many more of their classrooms to wheelchair-bound students, to force employers to grant equal pay to handicapped employees and to provide more stringent civil rights guarantees to those in nursing homes and institutions. The protests brought assurances from several elected officials that they were trying to persuade President Carter to speed up action on the matter. Messages to this effect came from Gov.Lamm and U.S. Sen. Floyd Haskell, D-Colo. In addition, a Washington aide to Rep. Pat Schroeder, D-Colo., told the News late Tuesday that she was drafting a telegram asking that Carter order Califano to act. Other protests took place at HEW regional offices in Boston, New York, Philadelphia, Atlanta, Chicago, Dallas, Seattle and San Francisco. Among the leaders of the Denver gathering were Ingo Antonisch, executive director of the Mayor's Commission on the Disabled, and Don Galloway, the new executive director of the Governor's Advisory Council on the Handicapped. Even Antonisch, an Austrian-born man with a stiff German accent and a generally conservative approach, was drawn into the militancy of the event. After acting HEW regional director Ed Lapidas read Califano's "early in May" statement, Antonisch stepped to the microphone and said, "Thank you very much," which inspired a woman in the crowd to yell, "We don't thank him very much, Ingo!" Antonisch got in the spirit by declaring, "I would like to say we hear the message but we want to see the action." Galloway, a black man who has been blind since he was 16, stirred up the crowd with a brief speech reminiscent of earlier civil rights campaigns. Taking his cues, they responded with lusty cries of “Right on" Even many who had difficulty speaking loudly and clearly joined in as best they could. At one point, Lyle Peterson, master of ceremonies at the noon rally, tried to lead the crowd in a chorus of "We Shall Overcome," traditional anthem of the black civil rights movement. The song proceeded weakly for a few seconds, but died when one protestor interrupted, shouting: "We want our rights!" Immediately, the crowd picked up his line and began to chant "We want our rights!" with an enthusiasm that had been lacking in the aborted attempt to sing. BOXED TEXT: We hear the message but we want to see the action. -- Ingo Antonisch