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Strona główna / Albumy / Tag civil rights 51
- ADAPT (188)
Dallas Times Herald, Saturday Nov. 24, 1984 [Headline] Wheelchair activist adopt radical tactics Los Angeles Times WASHINGTON — It was a scene reminiscent of the 1960s civii rights demonstrations as angry protesters chanted slogans, picketed the White House and stopped traffic before they were finally dragged away by police. And the series of confrontations that ended with 27 arrests last month all seemed to come down to a similar central issue —- the right to sit on a bus, to have full access to public transportation. There was one striking difference, however. Unlike Rosa Parks and the black civil rights activists who battered down the Jim Crow barriers in the South, these protesters were in wheelchairs, and their goal was equal access for the physically handicapped. "It's a civil right to be able to ride public transportation," says Julia Haraksin, a wheelchair-bound Los Angeles resident who participated in the demonstrations. Organizations representing handicapped persons long have urged Washington to require that all new buses and rail systems built with funds from the Department of Transportation's Urban Mass Transportation Administration be equipped to accommodate handicapped riders. But Haraksin and other handicapped individuals are beginning to press the old arguments with more radical tactics. Frustrated by years of negotiating, lobbying in Washington, going through the courts and staging non-confrontational protests, some handicapped activists now are resorting to confrontations and civil disobedience. Thus, early in October, 100 members of a newly formed coalition called American Disabled for Accessible Public Transit confronted a national meeting of city transportation heads here, using the kind of civil disobedience tactics used 20 years earlier by Dr. Martin Luther King Jr. Protesters were arrested when they blocked entrances and buses of those attending the American Public Transit Association convention. “The strategy was to physically be a barrier because handicapped people have to face barriers all their lives," Wade Blank, a founder of Denver-based ADAPT, said. Calling the protests here “our Selma," leaders of ADAPT claimed a public relations victory and promised their struggle has only begun. They already are focusing their efforts on what they hope will be a larger demonstration at the next meeting of the American Public Transportation Association a year from now in Los Angeles. But their cause may be in for a tough battle. Their opposition comes from the Reagan administration, from many city governments and even from within the handicapped community. And as public attention focuses on the underlying budget choices involved, the opposition may swell with the addition of taxpayers concerned about the possible costs of a national full-access program. ADAPT argues a legal right to full access for the handicapped already exists. Federal law states Urban Mass Transportation Administration funds — which account for about 80 percent of the costs of the equipment in most municipal transportation systems —- cannot be spent on programs that discriminate against, or exclude, the handicapped. The law does not make clear, however, whether handicapped persons must be provided with access to regular bus lines or whether they can instead be provided with alternative transportation systems. Nor does it indicate who should make that decision. Current Department of Transportation policy, which is strongly supported by the American Public Transportation Association, allows each city to make its own decision on what type of transportation it will provide for the handicapped. This is in sharp contrast with Carter administration policy, which in 1979 interpreted federal regulations to mean full access. Members of ADAPT, opposing the separate-but-equal philosophy, argue that paratransit does not meet the needs of the handlcapped and is inherently discriminatory. “lt segregates the disabled people trom the able-bodied community," Mike Auberger, an organizer for ADAPT, said. Because paratransit requires advanced scheduling, sometimes weeks before a ride is needed, he said, “you have to schedule your life according to the transit system." Transit authorities, on the other hand, argue full access can be too expensive, given the low percentage of handicapped riders in many cities. Lift-fitted buses cost an estimated $8,000 to $10,000 more than regular buses. Furthermore, lift systems are often unreliable and time-consuming to operate and maintain, authorities add. In Denver, for example, the transportation district has spent $6.3 million to purchase or retrofit buses with lifts, 80 percent of which was paid for by the federal government, according to spokesman Gene Towne. Since it started mainline access in 1982, the district has spent close to $1 million in maintenance of the lifts and expects to spend an additional $900,000 this year. Yet only 12,000 of the district's 38 million riders use the lifts, according to Towne. ADAPT counters the issue is not cost but civil liberties. "In America, we have a way of hiding our prejudices with pragmatism," said Blank, a Presbyterian minister and veteran of the civil rights and anti-war movements of the 1960s who now supports handicapped activists. Across the country, cities are using a variety of approaches to the problems of providing mass transit for the handicapped. ln Los Angeles, mainline access is required by state law. Although 1,850 of the Southern California Rapid Transit District's 2,400 buses are fitted with wheelchair lifts, some local advocates charge that broken lifts, drivers who do not know how to use the equipment or refuse to do so and an overall lack of commitment to providing access limits the system. [Bottom of the page is torn so missing text is included in brackets, as it is just a guess.] In Seattle, 570 of 1,100 buses serve the handicapped, providing about 5,900 rides a month. [The] Municipality of Metropolitan Seattle also contracts with groups to supply paratransit [vans] and half-fare cab service, [providing] 8,400 rides a month. In Denver, 432 of the [city's] buses are lift- or ramp-[equipped] providing more than 1,00[0 rides] per month. The city also [uses] vans and small buses in a transit system that provides [x number of] rides a month. None of Chicago's 2,400 [mainline] buses is fitted with lifts. [Instead] the city provides 42 [paratransit] buses, which offer 12,000 [rides per] month. - ADAPT (581)
New York Times NATIONAL Tuesday March 13, 1990 Bill Barring Discrimination Against Disabled Hits Snag By STEVEN A. HOLMES, Special to The New York Times WASHINGTON, March 12 — Having strongly supported a comprehensive bill in the Senate to extend civil rights protections to 43 million Americans with physical and mental disabilities, the Bush Administration is balking at efforts to toughen penalties against businesses that do not comply. Officially, the White House has not withdrawn its support for the bill, which would require all new buildings and services used by the public to accommodate the disabled. “We do support the legislation," the White House spokesman, Marlin Fitzwater, said today. "We‘re very supportive of their rights and their cause." But other Administration officials said President Bush was reluctant to support the measure if its backers persisted in seeking penalties for job discrimination that are harsher than those in the Civil Rights Act of 1964. That law bars discrimination on the basis of race, sex and national origin and limits penalties to court injunctions directing a business to stop discriminating and to reinstatement and back pay for those dismissed or not promoted as a result of bias. Both the disabilities bill passed by the Senate and one pending in the House state that penalties for violating the anti-discrimination provisions will be the same as those in the Civil Rights Act. Letter From Attorney General But a new bill introduced in both the House and the Senate last month would toughen the penalties in the 1964 law to allow for compensatory and punitive damages. Thus it would affect those in the disabilities bill as well. Sponsors say chances for passage of the proposed changes in the Civil Rights Act are good. Attorney General Dick Thornburgh, in a letter sent tonight to Representative Steny H. Hoyer, Democrat of Maryland, the chief sponsor of the House bill, said the Administration would seek to amend the disabilities bill to delete any link to the 1964 act and to lay out specifically what the employer sanctions would be. A spokesman for Mr.Thornburgh, David Runkel, said tonight that the Administration does not want the penalties in the disabilities act to go beyond the court injunctions and reinstatement and back pay now in the 1964 law. Senior Administration officials said the White House may withdraw its support from the bill if it is unable to delete any reference to the 1964 legislation. The disabilities measure, which passed the Senate in September by a vote of 76 to 8, has 246 sponsors in the House and passage seems virtually assured. Alixe Glen, a White House spokeswoman, declined to say whether the President would veto the bill if it continues to be linked to the civil rights laws. Rally by Disabled People The maneuvering over the bill came as more than 250 disabled people, many of them in wheelchairs, held a rally at the White House and then moved on to the steps of the Capitol to press for prompt House passage of the disabled rights bill. "Too often disabled people are seen as objects of charity or pity," Bob Kafka, a quadriplegic from Austin, Tex., said. "We're here to change that image. And we're here to send a message to the President and to Congress that this bill needs to be passed with no weakening amendments." If passed in its current form, the Americans with Disabilities Act would be the most sweeping civil rights law enacted since the landmark 1964 act. It mandates that all new buildings used by the general public, including restaurants, lodgings, places of entertainment, doctors’ offices and other establishments, provide the disabled with the means to enter and exit and that existing businesses make appropriate modifications if that can be done without creating a financial burden. The bill would also require that new railroad and subway cars and buses purchased by public and private transportation companies be accessible to people with disabilities and that telephone companies provide public telephones that can be used by persons with speech or hearing impairments. It was to gain the support of the White House and Senate Republicans that the bill's backers agreed to link the penalty provisions to those in the 1964 civil rights law. The bill's supporters had wanted to allow disabled people who proved they were victims of intentional and willful job discrimination to sue for compensatory and punitive damages. But the Administration argued that the disabled should not receive protections that were greater than those accorded to women and minorities. With the Administration's backing, the Senate approved the bill. But as it worked its way through House committees, a separate measure, the Civil Rights Act of 1990, was introduced in Congress with the backing of a coalition oi civil rights organizations that includes groups representing people with disabilities. The new measure amends the 1964 law to permit compensatory and punitive damages for victims of job discrimination. ENLARGED TEXT INSERTED INTO THE ARTICLE: How tough should the penalties against businesses be? PHOTO (The New York Times/George Tames): Three women in wheelchairs (Paulette Patterson, Christine Coughlin, and Lillibeth Navarro) across a sidewalk roll in front of a large white pillared government building [part of the White House complex]. The closest woman is holding a small bull horn and chanting; she is being pushed by another woman with an ADAPT headband and T-shirt. The other two women are in power chairs, the one in the middle has a placard that says something about Rights, and she is carrying the ADAPT flag and chanting. All four women look very determined and strong. Caption reads: Hundreds of handicapped people demonstrated in Washington yesterday to press for passage of the Americans With Disabilities Act. - ADAPT (41)
Rocky Mountain News Sunday March 27, 1977 Disabled are limited by society's attitudes By Alan Cunningham PHOTO by John Gordon, News: A young man (Larry Ruiz) sits in a wheelchair in front of a building. The shot shows his whole body and wheelchair and is looking up at Larry's smiling face. (For those who knew Larry, it's a classic Larry smile.) Caption reads: Larry Ruiz is one of those leading better lives of the Atlantis community. Nobody seems to know exactly how many disabled Americans there are - or even how one should define them. In Colorado, the figures are even more sketchy than they are nationally. But one estimate, based on federal statistics, suggests there may be as many as 350,000 disabled citizens in this state. If true, that would mean that 14 percent of the population suffers from some disability. The same projection indicates that as many as 83,000 of these persons as unable to work, keep house or go to school. Gov. Dick Lamm sometimes uses a more conservative figure of 10 percent. But even if that is closer to the truth, it shows that the plight of the disabled is a major problem. It also offers a clue as to why the disabled seem sure to emerge soon as the country's newest civil rights lobby. The have the numbers to make themselves heard - and seen - if they can begin to speak out with a unified voice, demanding their fair share of the American Pie. Until now, they've suffered the fate of most minority groups: invisibility. This is ironic, since most are highly visible if anyone chooses to see them. But for many reasons - not the least a sense of guilt - the able-bodied tend to turn away from those with crutches, wheelchairs and seeing eye dogs. And those who plan public facilities and services often reflect this attitude. It is politically safe for them to ignore the needs of the disabled pretending such persons make up a tiny fraction of the population and thus don't deserve a major share of attention. A myth to be sure. But it is only one of several myths which the Atlantis community, a group home for handicapped persons, in a minority report to the upcoming White House Conference on Handicapped individuals, hopes to destroy. For instance, there is the idea that nursing homes are primarily heavens for the aged and the infirm. The opposite side of that assumption is set forth in the opening chapter of the Atlantis report. Few realize that our nation's institutions also house a great many disabled young persons, some in their early teens. THESE ARE THE victims of our society's response to children and young adults who have muscular dystrophy, cerebral palsy, birth defects, blindness, and neurological disorders, or have survived accidents of varying kinds. But they are there by the thousands, many simply because they were labeled by physicians and psychologists as "retarded" and unable to function normally. It is difficult to imagine a more stifling or inappropriate atmosphere for a young person. It is inhumane to shackle and imprison youthful energy and curiosity into the nursing home routine. Such repressive living leads to anger, hostility and finally to the withdrawal and waste of a battered ego. As the report goes on to explain, the Atlantis group has fought to get more than 30 young men and women out of nursing homes and institutions so as to demonstrate that they can reverse this pattern if given a chance. But, even as it begins to reverse, new problems emerge. Most have to do with obstacles which the world has placed in the way of the disabled person. Again, it has a lot do with society's tendency to act as if he doesn't exist. Funds for rehabilitation programs, both public and private, are so scarce that only a small fraction of the disabled ever benefit from them. A prime example of this comes from State Rehabilitation Director Glenn Crawford, who says his division has determined that 135,000 persons in Colorado are potentially eligible for its services. Yet, in 1976, the division served about 14,300 persons. The figure will inch its way up to 16,000 this year. Such private facilities as the widely acclaimed Craig Hospital also have finite resources. They apply guidelines to decide which applicants will be accepted and which won't. Needless to say, a lawyer whose only disability is the loss of his legs has a better chance than a 19-year-old with no schooling who has lain on his back for most of his life. Funds and facilities for handicapped scarce Those who don't get the help often wind up in the category that Wade Blank of Atlantis refers to as "the losers." He contends that those who work with the disabled have too quickly given up on this group of people consigning them to lives of hopelessness. And he further argues that the implications of this have narrowed opportunities not only for the severely disabled, but for many others with less serious problems. For even those who have escaped the awful label of the "loser" run into obstacles every day. The Atlantis report focuses on many of these obstacles. These are some of the observations: EDUCATION. Many disabled youngsters in the past have failed to get adequate schooling either because they were in institutions or because their families assumed they would never be able to lead normal lives as adults and consequently didn't need to be trained for careers. Even those who went to school often were sidelined into special programs for the handicapped. While academic standards were high in such programs, the students were poorly prepared either intellectually or emotionally, to get along in a world of able-bodied persons. The recommended solution, "mainstreaming"- that is, letting disabled youngsters and adults go to school in the same classroom with everyone else. MONEY. The complexities of the various welfare programs on the county, state and federal level often conspire to keep disabled persons in nursing homes. Counties often find they have to pay more money if a man or woman is living in his own apartments, or in a facility, such as Atlantis, than they do if he or she is in a nursing home. That's because the federal government pays the bulk of the nursing home fee. Likewise, assistance payments are cut off if a disabled person earns more than a pittance in a month's time. The cutoff can be as low as $65. The "maximum level of income"from federal state and county assistance payments is $185. This means many disabled persons are living below the poverty level as it has been defined for other underprivileged groups. The solution as viewed by those who put together the Atlantis report, is to simplify and integrate the complicated payments system. But even more important, to increase payments so that everyone gets the same amount of money whether he is in an institution or out. TRANSPORTATION. The report talks about a number of things here including electric wheelchairs and curb cuts, but is main statement under this heading is that bus systems such as the Regional Transportation District (RTD) should become fully accessible to the disabled. RTD, it contends, has been unresponsive to the needs of disabled would be riders for transportation to work, school and for pleasure trips. Even the special HandiRide service - which RTD often boasts is a frontrunner in the nation - is given poor marks. LAWS. [not legible...] Colorado concerning the disabled in general and the severely physically disabled in particular, the report states. Furthermore, it is not realistic to think that the disabled will get effective legislation passed without having government officials sensitized to the disabled's problems. This may already be changing. Largely due to lobbying by Atlantis, hearings were underway in the General Assembly this week on two bills aimed at helping the disabled. One, a Senate bill now in committee, would allow more Coloradans to receive payments so they could hire home attendants. The other, a House bill, is a "civil rights bill for the handicapped." It would bar discrimination against the disabled. Backers of the latter bill point out that it's needed because the federal civil rights laws, while dealing with the rights of racial minorities and women, have never guaranteed these same rights to disabled citizens. Idealy, says the Atlantis report, Congress and the state legislatures need to weed out laws which are confusing and contradictory, often creating "disincentives"for the disabled to pursue more normal lives. A wholistic approach is needed. JOBS. Virtually every problem mentioned above, plus all the others catalogued in the report, tend to stand in the way of the disabled person who seriously wants to go to work in spite of the lip service paid to the slogan, "Hire the handicapped," many find the doors still closed. The reasons are many and the problems complex. Lack of schooling is a factor. Some disabled persons have languished in sheltered workshops, counting fish hooks and getting paid $10 a month for it, the report says. Others have an education but find that architectural barriers, or the lack of adequate bus service, keep them from getting to jobs they could perform. And attitudes often stand in the way when physical barriers are moved aside. "Perhaps the greatest barrier of all is in the minds of men," the report notes. It advocates more and better training programs, plus affirmative action plans to assure that larger numbers of disabled workers are hired by public and private employers. In an elaborate ceremony several weeks ago, the Atlantis report was presented to Mayor Bill McNichols. But privately some of those connected with the report conceded they didn't expect to see much action on the local level until public policies in Washington and throughout the nation begin to change significantly. That's why the Atlantis group is placing much emphasis on its efforts to make an impression on the Carter administration during its formative period. The time seems ripe for a coalition of disabled groups around the country to launch a concerted civil rights drive on behalf of their "invisible" constituents. And the first test may come April 5, when many groups have threatened to stage a sit-in at offices of the Department of Health Education and Welfare, including the regional office in Denver, if new HEW Secretary Joseph Califano hasn't issued new regulations to implement laws for the disabled. "The disabled have been ignored far too long in this society," declares the Atlantis report. "We are demanding that our rights be addressed. We are giving you, the policy makers, our findings and recommendations on how to solve the inequities in the system. "The next is yours." Such words, when voiced by other groups, have inevitably been followed by major social changes. It seems likely the same pattern will apply here. PHOTO by John Gordon, News: A man lies in a hospital bed, covered by sheets. Photo is very dark and hard to make out. Caption reads: Shooting victim [unreadable] from nursing home [unreadable] he said [unreadable] has been paralyzed since [unreadable]. - ADAPT (271)
January / February 1987 METRO Magazine [Headline] Handicapped Rights and APTA Highlighted text: A seeming fixture at APTA conventions is a demonstration by the handicapped. In this exclusive interview with METRO Magazine,Rev. Wade Blank describes the movement’s goals and objectives. Shortly before the APTA Annual Meeting in Detroit last October, the General Assembly of the Denver Presbytery of the Presbyterian Church unanimously passed a resolution favoring 100% accessibility to all publicly funded transit buses. The resolution calls upon the" U.S. DOT “to mandate that all public buses bought with federal monies be accessible to all people, specifically including those persons who use wheelchairs for mobility." The resolution declares that equal access to public transportation is a basic human right. It urges the American Public Transit Association to support total accessibility, and calls on all public transit systems to work toward the goal as well. According to sponsors of the resolution, 14% of U.S. citizens are disabled and thus denied full access. The resolution also recommends to all churches and church agencies to consider adding equal access facilities to all their church buses and vans. Wade Blank, a Presbyterian minister and leader in the disability rights movement for 11 years, said the resolution is the latest effort in the struggle to enable disabled Americans to integrate into their communities. According to Blank, disability rights is a civil rights movement similar to the black political movement of the 1950's and 60's. Blank is a leader of ADAPT, the Denver-based American Disabled for Accessible Public Transportation, an organization which has demonstrated on behalf of disability rights at several APTA conventions in recent years. Blank said his organization has about 800 people who actively support it, though he believes many thousands more wheelchair-bound people would do so if they could. What follows is an interview with Rev. Blank conducted in Detroit during the APTA Annual Meeting there during which 18 disabled individuals were arrested for demonstrating at the city hall. METRO: Mr. Blank, what is your organization trying to accomplish at this APTA meeting? Blank: First of all, in 1983 we introduced a resolution before APTA in Denver, Colorado, in which we said that we wanted APTA to vote in favor of having public transportation accessible to people in wheelchairs. That resolution said three things. First, that APTA should inform all its members that it will now endorse accessibility; second, that they should take a public vote member by member (about the issue); and third, that they should inform the transportation industry that accessibility is their position. They have refused since 1983 to act on the resolution, so we assume that that means they don't favor accessible public transit. Now as to what we are doing here. Whenever APTA goes into a community (to hold a convention) we do two things: we demonstrate against APTA, and we use the occasion to illustrate to the public that their local transit system is not wheelchair accessible, in other words, every bus being wheelchair accessible. METRO: Over the years your organization has demonstrated at a number of APTA meetings and very often the demonstrations have been very disruptive. Do you think that your activities have paid off? Blank: They've paid off in the sense that first they are directed to other people with disabilities in order to raise their consciousness about their rights. Our group has grown three times over the last few years. Secondly, it tells the able-bodied public that people in wheelchairs cannot board transit, which most people never even think about. And thirdly, it teaches the community at large that our political movement is in fact a civil rights movement. METRO: Your organization demonstrates against APTA. But isn't it true that you're also hoping for action on the local level wherever you mount a demonstration? Blank: Yes. In effect, APTA does our organizing for us by picking the cities it goes into. We follow and go in and raise consciousness for our cause. I don’t think anyone can understand how alienating it is (to be disabled). My daughter is in a wheelchair. If she goes to a bus stop and the doors open and shut and the bus drives off without her, there's no way of expressing to people how alienated, how shut out that makes her feel. Of course, the transit people want to make it an economic argument...but that didn't cut it with the black movement and it's not going to cut it with the disabled movement either. METRO: How is ADAPT funded? And what is your annual budget? Blank: Mainly from the Roman Catholic Campaign for Human Development, the Presbyterians, the Lutherans and the United Church of Christ. ADAPT itself doesn't have a budget per se. A trip like this (to Detroit) will run us approximately $15,000 for all the logistics involved, hotels, food, attendant care, just the logistics of moving that large number of disabled. METRO: How big is your staff? Blank: We don't have a staff, we don't have bylaws, we don't even have officers. It's just a consensus group. For example, in Denver, the disabled groups each do their own thing, and there's a lot of individuals who have joined ADAPT by simply saying, I want to be part of it. That's all it takes. We have a list of names of who those people are. METRO: You mentioned the logistics of moving the disabled. Do you bring people along with you to do the demonstrating, or do you seek to have local disabled join in? How does this work? Blank: In July we flew here with some disabled and met with the local disabled. They basically said they'd recently filed suit and were trying to get access to the buses, but that they didn't believe they could support any demonstrations because they'd be afraid to lose what they have now. That's almost to the letter the situation in every community we go into. The disabled are very afraid to lose what little they have. Plus, a disabled person in a wheelchair is by definition passive about the way they see themselves. But before we leave Detroit we will have a few people who will dare. By seeing the press, they'll see it's pretty amazing and they want to be a part of this. It changes the way they view themselves. That's how we recruit members. METRO: Tell me how the organization started? Blank: It started in Denver in 1975 when we announced we were going to make the transit system there accessible. Everybody laughed at us. We had about 20 members. We filed suit and lost. On July 5, 1978, the day after the suit was lost, we went down and blocked the first two buses in the whole movement. We held those buses for two days, sleeping on the streets. The battle in Denver went on in spurts. We started in 1978. In 1979 (Denver RTD) announced they'd make their transit buses accessible, but in 1980 when Reagan took office they went to a posture of inaccessibility. We hit the streets again and they reverted back to accessibility. In 1982, they finally signed an agreement with us that they would be totally accessible. So then other groups asked us: how did you do that? we'd like you to teach us how. Rather than just sit in Denver and enjoy our system, we decided to export what we'd won there using the same tactics on a national basis. METRO: You said earlier that the economic argument against accessibility doesn't fly. Yet to APTA and the transit industry the economic argument is very real. After all, the funds to pay for accessibility come out of their budgets. They can cite some very dramatic statistics of how much subsidy each handicapped ride costs. So how can you say the economic argument doesn't carry weight? Blank: Because those figures are not true. Denver, for example, bought 160 buses. The lowest bidders (for that contract) bid accessible buses. Neoplan undercut everybody else’s bid and they bid accessible. So you can't go just by the lifts themselves, you go by the total cost of the bus. METRO: But you also have to consider the maintenance costs and personnel costs too. In San Francisco. for example, one of the agencies there has two maintenance workers who do nothing but service the lifts, that's all those individuals do. Blank: That's true. But they have people who work on the motors, and people who work on the brakes, and people who work on every aspect of the buses that service the able bodied. The figures out of Seattle and Denver on maintenance per lift is under $400 a year, if they do preventive maintenance. Now that's a lot lower than APTA's figures of $2,500 per lift (per year). That figure is correct if you don't ever fix the lifts. In other words if you drive around and they break down and they're all gummed up, then you have to put new hydraulics in because you haven’t changed the oil. Then you're going to top out at $2,500 the same way if you don't keep your car up. METRO: During his remarks to APTA, CBS correspondent Ed Bradley charged your organization had mounted a mailgram campaign against his coming. He went on to give a presentation about apartheid in South Africa Your comments? Blank: The disabled community in the United States is suffering from a form of apartheid. The disabled live in section 8 housing, high-rise housing which is for disabled and elderly, They live in nursing homes. They go to workshops like Goodwill where they're segregated, and they are paid under 10 cents an hour in the average workshop in the United States. That's what the salary is. The disabled can't ride public transportation, so you have a form of apartheid. METRO: Thank you. - 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 (527)
Tips & Trends The President's Committee on Employment of People with Disabilities vol.2, No. 4, April 1990 (This article continues on 519 but is transcribed here for reading ease.) The Civil Rights March of 1990 On March 12, hundreds of people from across the United States joined a march for the Americans with Disabilities Act that would give America's 43 million people with disabilities rights that other minorities have had for years. Beginning at the White House and ending at the United States Capitol, the demonstrators marched the 19 city blocks chanting ”Access is our Civil Right" and other slogans in favor of ADA’s immediate passage with no weakening amendments. The procession moved slowly in the 89-degree heat as individuals with disabilities and advocates made their way along the streets of the Nation's Capital. Aside from many demonstrators in wheelchairs, banners, handmade signs and colorful tee-shirts made the procession a media extravaganza, as representatives of national, local and many independent news services from around the country covered the event. Camera crews kept focus on the demonstration well after arrival at the Capitol, where a brief ceremony was held. Mike Auberger, an ADAPT organizer and leader of the march, introduced Justin Dart, Chairman of the Task Force on the Rights and Empowerment of Americans with Disabilities and Chairman of the President’s Committee on Employment of People with Disabilities. He gave a rousing address, followed by remarks from Evan Kemp, Chairman of the Equal Employment Opportunity Commission, Congressman Major Owens (D-NY), who marched in the rally, Representative Patricia Schroeder (D-CO), Dr. I. King Jordan, President of Gallaudet University, Jim Brady, former Press Secretary and Special Assistant to President Ronald Reagan, and Bob Silverstein, Staff Director of the Senate Subcommittee on Disability Policy. Following the formal ceremony, activists in wheelchairs crawled up four flights of stairs to the Capitol building in a dramatic display of commitment to their cause. Each carried with them a copy of the "Disabled People's Bill of Rights”, a document generated by American Disabled for Accessible Public Transit (ADAPT). PHOTO (on 527) - Three people in wheelchairs (Joe Carle, Walter Hart, and Mike Muehy) PHOTOS: Photo 1(on 519) (by Monica Hall): A crowd of people covers the plaza between the two staircases on the side of the Capitol facing the mall. In the distant background you can see House office buildings. Caption reads: Ceremony Assembly at Capitol. Photo 2 (on 519) (by Monica Hall): A small throng of people, many in wheelchairs, head over to the rally area from the march. In the background the Capitol building rises majestically. In the foreground Wade Blank hugs Patty Leffingwell who wears a baseball type cap. Caption reads: After the March. Photo 3 (on 519): Julie Farrar and Jennifer Keelan climb the Capitol steps as about 10 people watch. They are 5 steps from the top. Jennifer who is about 8 years old is crawling on her hands and knees while Julie is doing the backwards scooch up step by step on the butt maneuver. There is a man walking beside Jennifer with a box that appears to be a camera and at the top of the steps there is a person holding a professional mike, like a film crew would use. Julie and Jennifer are carrying scrolls. BULLETIN: Executive Director Jay Rochlin announces his retirement. Story page 3 - 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 - 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 (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 (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 (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 (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 (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 (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 (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.