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Home / Albomlar / 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 (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 (148)
Name of newspaper illegible Los Angeles Times? November 19,1984 Handicapped Stage Protests to Publicize Transportation Needs by Miles Harvey, Times Staff Writer PHOTO: Mary Frampton / Los Angeles Times A tidy looking woman in pants and a vest, with a slight smile on her face, sits in a manual wheelchair on a bus. She is sitting in the accessible doorway, the access symbol visible on the side of the doorway. Below and beneath her is a metal panel, like the barrier on some lifts that keeps the person from rolling off the front of the lift. Caption reads: Barbara Trigg rides a hydraulic lift onto a Los Angeles bus. Article reads: Washington -- It was a scene reminiscent of the 1960s civil 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 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 activist 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," said Julia Haraksin, a wheelchair-bound Los Angeles resident who participated in the demonstrations. “In the ‘60s, the blacks had to ride in the back—and we can't even get on the buses." New, Radical Tactics Organizations representing handicapped persons long have urged Washington to require that 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 like her now are beginning to press the old arguments with new, more radical tactics. Frustrated by years of negotiating, lobbying in Washington, going through the courts and staging non-confrontational protests, some members of the handicapped community now are resorting more actively 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 30 years earlier by Dr. Martin Luther King Jr. Protesters were arrested when they blocked entrances and buses of those attending the American Public Transit Assn. 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 " Selma," leaders of ADAPT claimed victory and promised that 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 Assn. a year from now in Los Angeles. But they and 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 that a legal right to full access for the handicapped already exists. Federal law states that Urban Mass Transportation Administration funds — which account for about 80% of the costs of new and replacement 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. Cities Make Decisions Current Transportation Department policy, which is strongly supported by the American Public Transportation Assn., 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 regulation to mean full access. Members of ADAPT, opposing the separate-but-equal philosophy of paratransit argue that it does not meet the needs of the handicapped and that it is inherently discriminatory. "It segregates the disabled people from the able-bodied community," Mike Auberger, an organizer for ADAPT, said. Because paratrasit requires advanced scheduling [unreadable] a ride is needed, he said, “you have to schedule your life according to the system. No one else has to do that. That shows the inequality right there." He and other members of ADAPT contend that because of long waiting lists for paratransit, some cities refuse to offer the service to new users - thus cutting off thousands of handicapped persons from any public transportation. Transit authorities, on the other hand, argue that 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, transit administrators say. In Denver, for example, the transportation district has spent $63 million to purchase or retrofit buses with lifts. 80% 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 of the district's total annual ridership of 38 million, only 12,000 use the lifts, according to Towne. ADAPT counters that 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. Variety of Approaches Across the country, cities are using a variety of approaches to the problems of providing mass transit for the handicapped. In 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 the RTD gives only "lip service" to access, complaining of 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. The system provides only about 1,400 rides a month according to the RTD. Handicapped activists charge that the low ridership is attributable to the system's poor management. There were and are people in the operation department (of the RTD) back there who were and are opposed to the idea of access from day one," Dennis Cannon, a Washington-based expert who helped to plan the RTD's access program in the 1970s said. But in the last six months, the RTD has made "a major effort" to overcome the problem, according to RTD General Manager John A. Dyer. The system boosted its fiscal year 1985 budget for handicapped service by $3 million, to $4.9 million, to provide for a program to educate drivers and upgrade the quality of equipment and service. In Oakland, half the city's 800 buses are lift-equipped and all of the Alameda — Contra Costa Transit District's new buses will be lift-equipped. Seattle’s Services In Seattle, 570 of 1,100 buses are accessible to the handicapped, providing about 5,900 rides a month. The Municipality of Metropolitan Seattle also contracts with private groups to supply paratransit bus and half-fare cab service, providing a total of 8,400 rides a month in Denver. 432 of the city's 744 buses are lift- or ramp-equipped, providing more than 1,000 rides per month. The city also uses 13 vans and small buses in a paratransit system that provides 3,200 rides a month. In New York City, where an estimated 35% of all the transit passengers in the country use Metropolitan Transportation Authority vehicles each day. half of the city's 4,333 buses are fitted with lifts. The city has no figures on how many handicapped riders use the system, but one official calls the number minuscule. A new state law calls for $40 million over the next eight years to retrofit “in the neighborhood of 30" subway stops for handicapped use, according to a transit authority official. In addition the law will increase the percentage of lift-equipped buses to 65% of the fleet, as well as provide a paratransit system in the city by 1988. Minneapolis-St. Paul uses 45 paratransit buses and contracts with private cab companies to carry handicapped persons in all, the city provides 40.000 trips a month. None of Chicago's 2.400 regular buses are fitted with lifts. Instead the city provides 42 paratransit buses, which offer 12,000 rides a month. Additionally, 14 of the city's subway stops have been retrofitted for handicapped access and 300 of Chicago's 1,100 subway cars are accessible. If there is a diversity of approaches to the problem, there is also a diversity of views on the militant new tactics used by ADAPT and its supporters. The views of the handicapped people are all over the lot on what type of transport they'd like," Bob Batchelder, counsel for the APTA, said. But transit specialist Cannon, himself a wheelchair user, counters: “I'm talking to disabled people who wouldn't do what ADAPT does ... but who support what they are doing and think it needs being done." Whether ADAPT's controversial style will work remains an open question. While no negotiations are scheduled, ADAPT leaders vow to continue to harass association meetings. But in Los Angeles, the RTD's Dyer indicated that he hopes demonstrations will be replaced at next year's convention with “serious dialogue and discussion of the issues." "It’s a new thing for the disabled to see themselves with power," ADAPT's Auberger said, "but it's also a new experience for the powers that be." - ADAPT (173)
The Washington Post, Friday, September 28, 1934 PHOTO (by Harry Naltchayan, The Washington Post): Three men in wheelchairs (left to right - Claude Holcomb, Bob Conrad, and Mike Auberger) discuss something as they block two Metro buses sitting next to each other. Caption reads: Handicapped demonstrators block Metrobuses on Pennsylvania Avenue NW. [Headline] Buses Captured In Demonstration By Handicapped By Ronald Kessler, Washington Post Staff Writer A dozen handicapped protesters, some in wheelchairs and others walking with crutches or canes, stopped rush-hour traffic in front of the White House yesterday by "capturing" seven Metrobuses. The hour-long protest was aimed at demonstrating the lack of access to buses that handicapped persons endure both locally and nationwide. The demonstrators agreed to release the buses—by abandoning their position in front of the vehicles—only after Metro General Manager Carmen E. Turner agreed to meet with them. The demonstrators. representing a national group called American Disabled for Accessible Public Transit, said they wanted all new Metrobuses to be equipped with power equipment that lifts wheelchairs into buses. AIso, they said, they want the Department of Transportation to allocate more funds for equipping buses nationwide with the lifts. "We say it's a civil right, just as they denied black people the right to get on a bus and now allow them access." said Mike Auberger of Denver, a spokesman for the group. “It's a right like being able to go to school." Presently, Metro schedules a limited number of runs with buses equipped with lifts, or dispatches the buses if a handicapped person requests on the day before. The protesters said a lift costs $8,000 on a $180,000 new bus. an amount they said is far below the cost of an air conditioner. "I’ve called for buses, and they break down said Ronald L. Smith, who sat in a wheelchair in front of the Old Executive Office Building. "We want all the buses to be for the handicapped." Beverly Silverburg, director of public affairs for Metro, said last night that the group will meet with Assistant General Manager Theodore Weigle and Turner "will probably meet with the group." The protest began at 1:15 p.m., when the demonstrators announced to reporters that they were going to surround the next bus that stopped in front of the White House. It happened to be one marked "Brookland." Several demonstrators lay down on the street or leaned against the front of the bus while supporting themselves on crutches. A second contingent blocked another bus that had just pulled up behind the first. "What's going on?" Theodore R. Wright, the driver of the Brookland bus, said to no one in particular. The protesters told him they wanted to meet with Turner to present their grievances. As riders disembarked, Wright called his dispatcher. "I'm looking at two buses that are blocked," he said "They want Carmen Turner." Wright said he once drove a bus equipped with a power lift for six months and never had a handicapped rider. But he added, "l sympathize with these people. Probably they have some legitimate beefs." As the impasse dragged on, the protesters took over a third bus as it was trying to pass the first two. Police persuaded the protesters to let it go, but they became more agitated and began blocking buses across the street in front of Lafayette Square. By 5 p.m., police had cordoned off the section of Pennsylvania Avenue NW in front of the White House, disrupting rush-hour traffic in all directions. Metro supervisors came and went, and one protester was taken to George Washington Hospital after he fell off his wheelchair. By 5:30 p.m., the protesters had corralled seven buses, would-be passengers were complaining that they could not find a bus, and bus drivers were lining the streets. At 5:35 pm., D.C. Police Lt. W.R. Sarvis passed the word that Turner had agreed to the meeting. The demonstrators uttered whoops of joy and hugged each other. “No confrontations, no problems," said Sarvis. The protesters said they also plan to present their demands to the American Public Transit Association, which meets here Sunday. - ADAPT (635)
Different TIMES, September 24, 1990, p. 6 ADAPT fights for attendant services (Reprinted with permission from the Disability Rag; Box 145; Louisville, KY 40201.) [This story continues on 623 but the text is included here in full, for ease of reading.] “People with disabilities have the civil and human right to dependable attendant services that meet our daily needs in the location and manner of our choice." This simple declaration, made in Denver this summer, signaled the offensive being launched by ADAPT against “the nursing home lobby feeding off peoples' lives." It's ironic, says ADAPT member Mark Johnson. "Here we've finally got our rights now, in a law, and here you have more and more severely disabled people wanting to kill themselves—literally kill themselves—because they're being forced into nursing homes." “That Ken Bergstedt in Nevada [who petitioned the court in May to disconnect his respirator] is literally saying, “l'll end my life before I'll go in a nursing home," Johnson said. “What do you expect when people only have institutionalization to look forward to?" adds actress Nancy Becker Kennedy, one of the group that conducted a hunger strike in Los Angeles in July to protest the cut of California’s In Home Supportive Services. “Their attempts to stay in their homes are thwarted." lt’s the same with Georgia's highly publicized Larry McAfee, who was just put into a “group home," says ADAPT. Even after all the publicity, the State of Georgia will not put any money into funding attendant services in one's own home. And ADAPT is fed up. Recalling the phrase the transit industry used to argue that each city should decide whether or not to put lifts on buses, ADAPT calls the patchwork system of funding in-home services “the old ‘local option’ stuff all over again." “We're sick of it,"says Johnson. There needs to be a national commitment. In California, activists battled for several months to restore their In Home Support Services program which had been entirely cut from the state budget—and succeeded only in restoring it to its former level, which allows a disabled person to hire an attendant only at minimum wage and for no more than eight hours a day. People who need an attendant around the clock, like Ken Bergstedt, have little hope of avoiding a nursing home even in California, often cited as the state with the best attendant services program in the nation. Yet such battles sap the energy of disability activists for the larger fight for a national commitment. ADAPT has modified its former name, “American Disabled for Accessible Public Transportation" to “American Disabled for Attendant Programs Today" to reflect its new focus. ADAPT says attendant services are a right. The group wants the program it's calling for to make attendant services available "based on functional need" rather than “whether a person can work or not." They don't want "employability" to be a "condition for getting services. And they don't want eligibility based on any specific disability, as it is in many states now. They want it to be available “to people of all ages, 24 hours a day, seven days a week, with back-up emergency services."They stress they're not asking for “someone to hold your hand" but are speaking of the realistic needs of people like McAfee, Rick Tauscher, and Bergstedt who need an attendant available around the clock. They also say a program that allows the disabled person maximum control over an attendant is mandatory. Maybe a disabled person won’t want that control; maybe they'll want someone else to handle the paperwork and hiring decisions. That should be the disabled person‘s option, they say. There’s a quality-control issue here, they insist; they want to make sure disabled people get quality care but are allowed maximum say over personal services they receive—which is all too often not the case today as home "health" agencies muscle their way into the home "care" field. They‘re sick of the word “care.” They want a program that doesn’t keep anyone from services because they make too much money; they're willing, they say, to deal with a sliding scale for fees for such a program; but they want it available to anyone who needs it—regardless of income. It's a right, and cost is simply not an issue, they say. Keeping disabled people in institutions is ludicrously more expensive than providing in-home services in this country today. They blame that lack for the problems Larry MeAfee's constantly found himself in; they blame the nursing home industry for siphoning off the money that could go to fund such services. And they charge that home health agencies are nothing more than “the new nursing homes." Home health agencies “take people on Medicare and give them services and then bill them for $60 a pop," says ADAPT organizer Wade Blank. “Then when their Medicare coverage runs out after six months, they drop ‘em." The group says it’s also targeting “the big insurance companies like Prudential" and health maintenance organizations, who they say have a vested interest in keeping the system like it is. “We're saying that ethically and morally, nursing homes are not the place to go," says Blank. “When I see my severely disabled friends, living in their own homes, when l visit them in their apartments, listen with them to records or order in a pizza—and then I see my friends living in nursing homes, wasting away, waiting to die, I get very, very angry,” said Southern California ADAPT member Lilibeth Navarro. A survey of ADAPT members through their newsletter, Incitement, led them to decide to shift the focus to attendant services, said Navarro. And they're emphatic about the term too. “It’s not ‘attendant care‘ anymore," said Blank. “Whenever anybody said ‘care’ everybody booed,“ he added. It is fitting that ADAPT, whose original members came from Denver‘s Atlantis Community, will focus on attendant services. It was that need which led to the start of Atlantis, a “community” of disabled people and attendants. Atlantis “has a neat system,"agrees Navarro, noting that the 24-hour rotary attendant services allows any Atlantis person to have an attendant available whenever it's needed. “We could call an attendant at 11:30 p.m. and have somebody here," she said. “People who are having trouble with attendants can call and get an emergency back-up." Navarro, like others, said she knew of people “who endured abuse because they were afraid to lose their attendant"—"because it's so hard to find somebody, and nobody to turn to in an emergency situation." She related the story of a man whose attendant simply walked out on him and left him, unable even to reach a phone, for four days. “If his father hadn't checked on him, he'd be dead." “Only a national attendant program," she stressed, “will free us from emotional slavery Nancy Becker Kennedy agreed with Navarro. “The linchpin for independent living is in-home attendant services. It’s humane; it gives us a future." The group has sent a letter to Health and Human Services Secretary Louis Sullivan demanding a meeting in Atlanta Oct. 1; they've given Sullivan until Aug. 15 to reply. ADAPT activists from around the nation will descend on Atlanta the first week of October to launch the fight. They’ll be calling for a quarter of the money now going to the nursing home industry to “go into a pot for attendant services." As usual, ADAPT doesn’t expect this to happen without a fight -- primarily from the “nursing home lobby.” “This October," says Blank, “we will serve notice on those groups who are the enemies of a national attendant services program." TEXT BOX: ADAPT will converge on Atlanta — home of Morehouse College, HHS Secretary Louis Sullivan’s alma mater — on Sept. 28 for week-long direct action protest and training. Nationally known organizer Shel Trapp will conduct the session Saturday, Sept. 29. For more information on travel and hotel arrangements, contact ADAPT in Denver at (303) 936-1110. — Reprinted with permission from the Disability Rag; Box 145; Louisville, KY 40201. - 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 (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 (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 (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 (601)
THE DENVER POST / NATIONAL Friday: September 9, 1989 [Headline] Senate approves bill to guarantee rights of disabled By Knight-Rldder News Service WASHINGTON — An estimated 43 million America with disabilities won a major victory last night as the Senate approved a landmark bill aimed at moving them into the nation’s social and economic mainstream. The Senate, on a 76-to-8 vote, passed legislation that would extend for the first time sweeping civil rights protections to persons with hearing impairments, epilepsy, AIDS and dozens of other physical and mental disabilities. The measure, which now goes to the House for expected approval, would ban discrimination in the hiring of the disabled; require businesses, shops and transit systems to make their facilities more accessible to the wheelchair-bound; and force telephone companies to provide special operators for the deaf. The bill was endorsed last month by President Bush, and administration lobbyists joined advocates for the disabled yesterday in opposing efforts to modify the legislation to meet business objections that it will be too costly to small firms. Business leaders warned that the measure could put some employers out of business if.they were required to make expensive structural changes in their buildings to accommodate disabled customers and workers. Critics also said the compliance provisions of the bill were vague and would result in years of litigation in federal courts over what constituted discrimination against the disabled. Major provisions of the Americans with Disabilities Act would: * Prohibit employers from discriminating against qualified job applicants with disabilities. Changes to accommodate the disabled in the workplace would be required unless they would cause an “undue hardship," a term critics say is too vague. * Require new business establishments to be accessible to the disabled and require existing establishments be made accessible if the alterations are “readily achievable." * Require new buses and trains to be equipped with wheelchair lifts. * Require telephone companies to provide operators who could relay messages from the deaf to hearing individuals. Deaf persons can communicate with each other by telephone now by using Telecommunications Devices for the Deaf (TDDs), but can't communicate with people who don't have the TDDs. “We’re not asking for special treatment," said Pat Wright, government affairs director of the Disability Rights Education and Defense Fund Inc. “Whether it’s putting a ramp in or providing a reasonable accommodation in employment, it makes you equal, not special." The bill, as originally written, would have exempted Congress from its provisions — but that exemption was deleted during debate. And in another concession to the intense interest of the disabled in the measure, the Senate for the first time allowed an interpreter using sign language to translate the televised proceedings of the floor debate so that the deaf and hearing impaired could follow the action. Extending civil rights protections to people with AIDS or the AIDS virus had been recommended by a Reagan administration commission on AIDS, but was opposed by President Reagan himself. Bush, however, has supported the protection. The bill bars employment discrimination against persons with AIDS but does permit employers to deny jobs if the employee poses a significant risk of transmitting the infection to others. However, homosexuals are not covered by the legislation. They can still be discriminated against solely on the basis of their sexuality. After an inquiry by Sen. Jesse Helms, R-N.C., sponsors agreed to delete transvestites from nation protections. Helms also raised questions about providing protection to schizophrenics, manic-depressives and psychotics, but their status remained intact in the measure. - ADAPT (595)
US NEWS AND WORLD REPORT Sept. 18, 1989 [This story appears in ADAPT 595, 590 and 602. It is included in its entirety here for ease of reading.] [Headline] Liberation day for the disabled by Joseph P. Shapiro Forty-three million will soon win basic civil-rights protections. Their growing movement has brushed aside the opposition and is changing America The day before the Senate passed historic legislation to protect the civil rights of disabled people, Mary Jane Owen got another rude reminder of the daily discrimination that faces people like her. Owen, a writer who is blind and uses a wheelchair, was lobbying senators for the disability-rights bill. But when she moved onto Constitution Avenue to go home, a taxi driver at curbside sped away rather than pick up a woman in a wheelchair. It is similar acts, repeated hundreds of thousands of times a day to the nation's 43 million disabled, that fueled an angry political movement that has brought the nation to a path-breaking moment. In a few weeks President Bush is expected to sign the Americans with Disabilities Act, a broad statement that will extend to the disabled the same protections against discrimination that were given to blacks and women in the 1960s and 1970s. The Senate passed the measure 76 to 8 last week, and the House is likely to approve it next month. The bill is a profound rethinking of how this country views disabled people, defined as anyone with a physical or mental impairment that "substantially limits" everyday living. For the first time, America is saying the biggest problem facing disabled people is not their own blindness, deafness or other physical condition but discrimination. The bill, says Senate sponsor Tom Harkin (D-Iowa), is "an emancipation proclamation for people with handicaps" that will fundamentally change their lives, getting more of them out of their homes and institutions and into full participation in society. Under the new law, restaurants, stores, hotels and theaters can no longer turn away a person with cerebral palsy, epilepsy, AIDS or any other disability. Employers would be prohibited from rejecting qualified workers just because they are disabled, and they would be required to fashion generally inexpensive modifications to the workplace to make it accessible to the disabled, such as putting a desk on blocks to raise it for a wheelchair user. It would also require that new buses be equipped with lifts so that wheelchair users could get on public transit. New buildings, or those undergoing major reconstruction, would have to be made accessible to disabled people, with elevators installed in shopping malls and new structures higher than two stories. Telephone companies would have to hire operators who could take a message typed by a deaf person on a Telecommunications Device for the Deaf (TDD) and then relay it orally to a hearing person on another phone. [Subheading] Cost of Access. Businesses, particularly small ones, are wary of the changes. John Sloan, president of the National Federation of Independent Business, complained that the bill will impose costly requirements on businesses" and is "so broadly written" that it is unclear how far, and to what expense, a business will have to go to avoid being open to a lawsuit. Sponsors of the bill said estimates that its implementation might cost billions of dollars were wildly exaggerated. Past experience shows they may be correct. When Congress in 1973 protected disabled people from discrimination by institutions that receive federal funding, North Carolina education officials estimated it would cost them $15 billion to make state university buildings accessible, says architect Ronald Mace of Barrier Free Environments. Instead, many changes were simple and cheap. To accommodate students in wheelchairs, classes were moved to ground floors rather than installing elevators to carry them to top floors. The cost so far has totaled $l5 million, says Mace. Similarly, a 1982 study for the Labor Department found that half the accommodations made in the workplace cost little or nothing. For example, it was easy for companies to change a wheelchair user's work hours to conform with the schedule of lift-equipped buses. Another 30 percent of the accommodations were achieved for between $100 and $500. That included such changes as giving a telephone head-set to a quadriplegic telephone operator. Despite the concerns of business groups, their opposition to a bill that would open them up to a new spate of lawsuits was surprisingly muted and not nearly as vociferous as their fight against the 1964 Civil Rights Act. For one thing, no one wanted to look like a bigot fighting a civil-rights bill, particularly one that was rushing through Congress. More important, businesses in the last few years have seen disabled people as a new source of labor and customers. “If they can get to the stores, business is going to increase" says the U.S. Chamber of Commerce‘s Nancy Fulco, who nonetheless lobbied to limit the rights bill's impact on business. [Subheading] Hidden Army. The mixed feelings of business groups underscored how disability rights is a civil-rights movement different from any other. Unlike the black and women's movements, disability-rights groups have never filled the streets with hundreds of thousands of marchers. Instead, the disability movement boasts “a hidden army,“ says former Representative Tony Coelho, who has epilepsy. Since a fifth of the nation's population has some form of disability, ranging from mental retardation to severe arthritis, Coelho argues, “disability impacts practically every family.“ Nowhere was that clearer than in Congress and the White House. where key supporters of the rights bill felt a particular need to win the bill‘s passage because they personally know about disabilities. Most important was President Bush, who has two sons with disabilities. Bush's strong statements in support of the bill during the 1988 campaign won him important support in the usually Democratic disability community. Nevertheless, the rights bill was in trouble until mid-June because of business fears about its cost. Then, on the day he left Congress, Coelho called Bush to ask him to renew his commitment to the bill. Within a few weeks, White House Chief of Staff John Sununu convened a strategy session with key senators to negotiate a compromise. That was easy to achieve once sponsors agreed to the White House request they drop the provision that would have allowed the disabled to sue for punitive damages if they were discriminated against. a provision that was the most opposed by business lobbies. From that moment, the compromise bill has been on a fast track. The success of the disability movement is extraordinary because it sprang up with little noise and little notice. One essential ingredient has been the growth of a new class consciousness among the disabled. Seventy-four percent of them feel they share a “common identity” with other disabled people, and 45 percent argue that they are “a minority in the same sense as are blacks and Hispanics,” according to a 1985 poll by Louis Harris & Associates. “All disabled people share one common experience—discrimination,” says Pat Wright of the Disability Rights, Education and Defense Fund. Often it is crude bigotry. In January, an airline employee in New York who resented having to help a 66-year-old double amputee board a plane instead threw him on a baggage dolly. A New Jersey private-zoo owner a few summers ago refused to admit children with Down syndrome to the monkey house because, he claimed, they upset his chimpanzees. It is that kind of outrage and countless more subtle discriminations that fueled the movement that now wants to change the image of the disabled. Many now reject the traditional attitudes of society that suggested their lives were tragic and pitiful. Many now loathe charitable appeals such as the annual Jerry Lewis Telethon that raised $42 million for the Muscular Dystrophy Association over Labor Day weekend. Such extravaganzas seek funds by emphasizing the most desperate cases. That kind of approach, activists say, suggests that disabled people are to be cared for and cannot be contributing members of society. “We don’t want to be dependent any more,” says Lex Friedan of the Institute for Rehabilitation and Research Foundation in Houston, who is a quadriplegic wheelchair user, the result of an automobile accident. “We want to be part of society in every way.” Such new attitudes reflect fundamental changes in the lives of disabled people. Since 1975, when federal law first ensured all disabled children access to schools, hundreds of thousands of disabled students have gotten a better education alongside nondisabled peers. Many grew frustrated after college, when they found there were few such protections to help once they tried to find jobs. A recent Census Bureau study concluded that the gap between the earnings of disabled and their nondisabled co-workers is growing. A disabled worker in 1987 made only 64 percent of what his nondisabled colleagues earned. In 1980, it was 77 percent. The 1985 Harris survey found that 70 percent of working-age disabled people were unemployed. Of those, two thirds said they wanted to work but were prevented from doing so because, among other reasons, they faced discrimination in hiring or lacked transportation. Those who do not work now collect federal disability and welfare checks, costing nearly $60 billion a year. “It doesn’t make sense to maintain people in a dependency state when those people want to be productive, tax-paying citizens,” argues Jay Rochlin of the President’s Committee on Employment of People with Disabilities. Although no one knows precisely how many millions of dollars could be saved by bringing the disabled fully into the work force, Sylvia Piper, an Ankeny, Iowa, mother, says she saved taxpayers $4.8 million by ignoring physicians who urged her to institutionalize her retarded son, Dan, when he was born. Instead, she kept him at home and sent him to public school with non-disabled children, the kind of role models who inspired him to get a job this summer. Dan, now 18, saved $800 from his pay as a drugstore stockroom worker. His first purchase was a gray bedroom rug, upon which he slept the night it arrived. The next morning he was ready for work early and announced, “I've got to work harder and make more money." Once again, says his delighted mother, Dan grew when faced with a challenge. The nation’s changing demographics have added to the urgency of meeting the needs of the disabled. By 1990, there will be 6.2 million elderly Americans with one or more basic disabilities, up from almost 5 million in 1984, according to estimates by the Urban Institute, a research organization. And the explosive growth of the number of those with AIDS and HIV infection has already added hundreds of thousands more disabled to the population. That is why AIDS-policy advocates teamed up with disability groups to make sure civil-rights guarantees under the bill also applied to those with AIDS. People with AIDS had won federal court rulings protecting them under existing disability-rights laws, which apply only to federally funded programs. The new bill will expand that protection to the private sector, so that people with AIDS and HIV infection cannot be fired from jobs or denied service in restaurants. [Subheading] Galvanizing Issue. Along with being better educated and more independent, the new generation of disabled people has become more politically sophisticated. Some 200 independent-living centers, which have sprung up since the 1970s to provide a mix of counseling and support services to severely disabled people, became bases of advocacy. One galvanizing issue came in the early 19805, when a Reagan administration anti-regulation effort tried to eliminate key federal protections that prohibit discrimination by any program or contractor receiving federal funds. Negotiating sessions over the regulation first brought then Vice President Bush face-to-face with Evan Kemp, who headed Ralph Nader’s Disability Rights Center. The regulation was never changed, in part because of Kemp’s advocacy and growing friendship with Bush. Last week, the President named Kemp, a member of the Equal Employment Opportunity Commission since 1987, to chair the civil-rights agency, which will handle job-discrimination cases brought under the new law. The disability-rights movement is distinctive, too, because it has never had a Martin Luther King or a Betty Friedan to lead it. Part of the reason is that there are hundreds of different disabilities. Nonetheless, disabled people, such as student protesters who last year gave Gallaudet University its first deaf president, I. King Jordan, are now adopting on a small scale the protest tactics of the civil-rights movement. Thirty members of American Disabled for Accessible Public Transportation, which uses tactics of civil disobedience, on Labor Day backed their wheelchairs against buses at the Los Angeles Greyhound terminal and disrupted busy holiday traffic in a protest for wheelchair lifts on buses. As the historic legislation was being debated, there was a curious twist. Watching with interest was a paraplegic visitor from Moscow, Ilya Zaslavski. He made history earlier this year when he won election to the new Soviet national legislature, the first person anywhere in the world to run as a disability candidate. Zaslavski watched the work of Congress and announced plans to introduce SDA—-a Soviets with Disabilities Act. INSERTED TEXT BOX: THE COST FACTOR Businesses are concerned about the costs imposed by the civil-rights bill: BUILDINGS: The cost of making accessible new buildings and those existing structures that are undergoing major renovations runs between 0 and 1 percent of building costs. TRANSIT: Changes required of bus and transit systems to help the disabled over the next 20 years might cost several hundred million dollars. PHONES: It will cost $250 million to $300 million a year to hire operators to work relay systems so deaf people can communicate with those who can hear, according to federal and AT&T estimates. INSERT: PHOTO (Roberta Barnes -- San Antonio Light): A line of people in wheelchairs diagonally crosses the picture. In the front Lonnie Smith Archuleta with his buff physique, in a T-Shirt with a medal-like imprint on the front, wheels his sports chair. Behind him a slight woman (Diane Coleman) with very thin arms and leg braces on her extended legs, rolls her power chair with a flag attached. She wears a straw hat, red ADAPT no steps T-shirt and long red skirt, across which she wears a sign reading "Gentler -n- kinder nation??" Behind her another woman in a power wheelchair (Linda Johnstone) wears a different red ADAPT T-shirt and a sign across her knees reads "We Need a Ride To Work." Behind her is another large woman in a wheelchair (Mary Kay Sanders) in dark sunglasses and a white dress; she carries a white parasol and appears to be chanting. Over the top of the parasol another sign (held by someone walking but obscured from view) written in calligraphy can be seen: "Access is a Civil Right." The line bends back and around out of view. Caption reads: Countless Frustrations. Angry protesters in San Antonio wheel through the streets to protest the lack of accessible public transportation. - ADAPT (567)
Rocky Mountain News Weds., May 23. 1990 (There are 2 articles here. The first article starts here on 567 and continues on 565, the whole story is included here for ease of reading. The second article comes after the first one.) WORLD & NATION News Editor 892-2634, John Davidson, National Editor 892-2731 Clifford D. May, International Editor 892-2739 House OKs rights bill for disabled Measure would ban discrimination Scripps Howard News Service WASHINGTON — The House yesterday passed legislation to outlaw discrimination against 43 million disabled Americans. The 403-20 vote in favor of the bill, regarded as the most sweeping civil rights legislation in a quarter-century, sends it to conference with the Senate, which passed its version 76-8 last fall. The measure is backed by President Bush, who campaigned on the Americans with Disabilities Act in the 1988 presidential race, when few voters had heard of the bill. Rep. Steny Hoyer, D-Md., who shepherded the legislation through the House, hailed it as “the most significant civil rights legislation since the Civil Rights Act of 1964.” The 1964 law barred discrimination based on race, sex, religion, color or national origin in private employment, public accommodations and government service. The Americans with Disabilities Act would extend civil rights protections to the disabled as well. Passage came despite opposition from business groups, which have complained about the potential for lawsuits along with the cost of adapting offices, plants and stores for disabled workers and customers. Sponsors counter that keeping the disabled out of the economic mainstream costs $170 billion a year in government benefits; they say this bill has been changed to take account of business concerns: Companies with 25 or more workers would have two years to comply with the employment provisions, with four years allotted firms with as few as 15 workers. To ease the expense of making smaller stores, restaurants and other public accommodations accessible to the disabled, the House voted to give small businesses at least two years to conform and exempted firms with fewer than 10 workers for 30 months. In Colorado According to Randy Chapman, director of Legal Services for The Legal Center Serving People with Disabilities. the expected passage or the American Disabilities Act will affect the state in three key ways: protect people with mental disabilities, allow disabled people to collect attorneys fees when challenging discrimination and require private businesses to provide reasonable accommodations for people with disabilities. A state law protecting people with mental disabilities is expected to take effect in about a year, but a federal law would take effect immediately, he said. Chapman said businessmen's fears that the law will cost them in litigation and renovations are somewhat unfounded. "Most (businesses) need little or no accommodations . . . and there was substantial litigation when a similar law (for employers receiving federal funds) was passed." Michael Auberger, co-director of the Colorado-based Atlantis Community for disabled citizens, said, "The law will open up the job market, the retail market . . . it will make us a legitimate class that has protection under the law that we never had before." —- Diane Goldie - ADAPT (562)
USA Today, Wednesday, March 14, 1990 * 3A CLOSE-UP: RIGHTS OF DISABLED House panel passes landmark bill. As wheelchair-bound activists demonstrated at the Capitol, a sweeping civil rights bill for the disabled survived a key House vote. The Energy and Commerce Committee, successfully fending off an attempt to exclude people with AIDS or the HIV virus from the bill's protection, recommended the measure 40-3. Passed by the Senate last year, the bill gives the disabled the same civil rights and job protections that minorities won two decades ago. It also calls for public places and public transportation to be made accessible to people in wheelchairs and requires telecommunications systems to accommodate the deaf. "Ensuring equal rights for the disabled will result in greater productivity and responsibility for a significant portion of our population,” said Rep. Thomas Luken, D-Ohio. An estimated 43 million disabled could be affected. Meanwhile, police arrested 104 disabled demonstrators who confronted House Speaker Thomas Foley, D-Wash., in the Capitol Rotunda on the second day of intense lobbying by disabled people seeking quick passage of the bill. Foley reassured the demonstrators he is “absolutely satisfied” the measure “will become law.” Earlier, Rep. William Dannemeyer, R-Calif., was rebuffed in attempts to exclude people with contagious diseases or behavioral disorders from coverage. “When the people of this country realize just how far-reaching (the bill) is, they will rise up in opposition,” he predicted. But Rep. Henry Waxman, D-Calif., said the bill does not protect people with diseases that can be transmitted through the air: “If someone poses a threat, they can be discriminated against." (Help sought for AIDS victims, 2D) PHOTO (AP): Close-up of a man's face with large glasses, large ears and dark hair. He has a look of urgency on his face. Caption reads: Luken: Cites 'productivity' - 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 (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.