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Heim / Albúm / Merki rescinded regs 5
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San Francisco Chronicle 9/28/87 S.F Protest For Disabled Turns Violent By Evelynn C. White A peaceful demonstration for the rights of the disabled to use public transit turned violent last night when 23 people were arrested, one of them on charges of assaulting a police officer. Following a rally at Union Square, 500 demonstrators converged on City Hall, where members of the American Public Transportation Association were holding a dinner meeting. Police said the melee broke out when demonstrators tried to block members from entering in the meeting. San Francisco police officer Michael Travis, 40, who was thrown down the City Halls steps in the scuffle, was treated for a possible concussion and released. Arrested in the assaulted was Alan Shipley, 40, of San Francisco, who police said is not disabled. Shipley was booked at city jail on charges of assaulted and battery on an officer and resisting arrest. The other 22 demonstrators, 19 of them wheelchair-bound were cited for failure to disperse, blocking a sidewalk and resisting arrest. They were released. Earlier in the day, 250 demonstrators at Union Square, 80 percent in wheelchairs, made a plea for better access to public transit. “In most cities, a person who is disabled can’t go to work, can’t go to school, can’t function,” said Laverne Chase, a wheelchair-bound resident of Washington, D.C. “I am here because I believe that disabled people should have equal access to everything that the mind can imagine, starting with public transportation.” The protest, sponsored by the September Alliance for Accessible Transit, was held in opposition to the APTA, which is convening in the city through the week. In the early 1980s, APTA fought to rescind federal regulations that would have required wheelchair lifts in all newly purchased transit buses and handicapped accessibility to all new rail systems. The organization instead lobbied for a “local option” alternative that allows individual transit systems to determine the best way to serve the handicapped. On Wednesday, the association plans to hold a session concerning the needs of the disabled. "We don't feel it's appropriate to leave it up to local operators,“said Berkeley resident Shelley Bergum. “There should be federal legislation that prohibits discrimination just like there is for housing and employment.“ In Anchorage, where 33-year—old Duane French lives, the “local option" has meant no public transportation at all for the disabled. “I’m one of the lucky ones because I have a van,” said French. “But other wheelchair-bound people have to impose on friends and family plan weeks in advance to get where they need to go. They should be able to go down to a corner and get on a bus, to live their lives spontaneously.”
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THE PLAIN DEALER, THURSDAY, MAY 22; 1986 page 19-A PHOTO by AP: Four policemen in their fancy police hats are "rolling" a man (Rick James) up a 150 degree (ie. almost vertical) "ramp" into a van. Rick is sitting with his hands up by his chest. His hat is missing and his hair is flying out in all directions. His expression is a mix of amazement, disgust and resignation. Caption reads: Cincinnati policemen push Rick James of Salt Lake City, Utah, up a ramp into a van after he was arrested outside a downtown hotel as part of a demonstration by American Disabled for Accessible Public Transportation. Title: Cincy arrests disabled in protest of bus access By BILL SLOAT STAFF writer CINCINNATI — Police arrested l7 disabled people yesterday after they blockaded the entrance to a downtown hotel or chained themselves to the doorway of an adjoining office building that houses Queen City Metro, this city’s public bus service. Eleven of them refused to post bond and were in Hamilton County Justice Center under cash bonds ranging from $1,500 to $3,000. Five were released late yesterday on personal bonds. One pleaded no contest to disorderly conduct and was found guilty. Sixteen were in wheelchairs from polio, paralyzing spinal accidents, multiple sclerosis, cerebral palsy and amputations. One was blind and walked carrying a white cane. The arrests were made during a non-violent, noon demonstration that challenged lack of access to city buses here and around the nation. Chants of “We will ride" and “Access now” came from about 52 demonstrators outside the Westin Hotel. Some removed footstands from their wheelchairs and banged on metal barricades. Police stood behind the barricades and refused to let the demonstrators into the hotel. All 17 taken to jail said they were members of a national handicapped rights organization called American Disabled for Accessible Public Transportation. “This is a civil disobedience action," said Wade Blank, 47, a Presbyterian minister who helped organize yesterday's protest. Blank, who now lives in Denver, was involved in anti-war demonstrations at Kent State University in the 1960s when he lived in Akron. Several of the people loaded onto vans and hauled away to the Hamilton County Justice Center on disorderly conduct charges compared Cincinnati to Selma and Montgomery, two Alabama cities where civil rights activists were jailed by authorities in the 1960s. “The message needs to be sent out that we can’t ride a bus because we're handicapped,” said Glenn Horton, 46, of El Paso, Texas. "It's discrimination it’s segregation and it’s appalling that it could still be happening in this country." Horton said he had been confined to a wheelchair since age 9, when he fell and broke his back. Bill Bolte, 54, of Los Angeles, said handicapped people needed mainline bus service to get to jobs, movies, dates, shopping, banks and anywhere else they might want to go. “We're already in prison," said Bolte, who had polio 51 years ago. “We're going to see that what few rights we have are not going to be taken away. Our rights to public transportation are being deprived, and we will not sit for it." Organizers of the protest said they took to the streets because about 600 executives of public and private transit companies in the eastern United States and Canada were attending a convention in the hotel that ends today. Protesters said the convention should adopt a resolution supporting the installation of wheelchair lifts on all public buses in the nation. Many came from Denver, which has such lifts in use on its bus fleet. The demonstration also came a day after the U.S. Department of Transportation announced in Washington, D.C., a new regulation that allows transit authorities to establish alternative services for the disabled instead of putting lifts on regularly scheduled buses. Demonstrators complained the rule meant that buses, subways and rail lines wouldn't be made accessible to people in wheelchairs. Police Chief Lawrence Whalen said the comparisons with Alabama in the 1960s were unfair when it came to the police. Police in the South during the civil rights era often brutalized protesters. Whalen yesterday said, “Our officers handled themselves very admirably. The group has had their chance to protest and get their point across." He said the police assigned to make arrests had attended special briefings on how to handle disabled people and were instructed to ask the people in custody the best way to lift them into vans. “We wanted to be sensitive to their special needs." Whalen said. Three of those arrested yesterday were out on $3,000 bond after incidents Monday when two climbed aboard city buses, paid fares and refused to leave when ordered off by Queen City Metro officials. The third interfered with a bus. The three, Robert A. Kafka, 40, of Austin, Texas; George Cooper, 58, of Irving, Texas; and Michael W. Auberger, 32, of Denver, were charged yesterday with Criminal trespassing when they chained themselves to the entranceway of Queen City Metro's offices. Police Capt. Dale Menkhaus told his men to use bolt cutters to get them out of the building. Kafka, Cooper and Auberger had been ordered Tuesday not to set foot in Cincinnati by a Municipal judge at the time they posted bond, but another Municipal judge lifted the banning order shortly before yesterday's protests started. Police Chief Lawrence Whalen said 14 others were charged with disorderly conduct for their activities outside the hotel. Bond was set at $3,000 each, a Hamilton County Municipal Court official said. Before the demonstration began, the group gathered in a Newport, Ky., motel for a strategy session on civil disobedience. They agreed not to carry anything but identification with them when they confronted police in downtown Cincinnati and they voted not to post bail. None of the people arrested were from Ohio. The 11 who refused to post bond and were in jail last night are: Bolte; Bob Conrad of Denver; Joe Carle of Denver; Auberger; Horton; Jim Parker of El Paso, Texas; Cooper; George Roberts of Denver; Earnest Taylor of Hartford, Conn.; Lonnie Smith of Denver; Kafka. Kelly Bates of Denver pleaded no contest to disorderly conduct, was found guilty and sentenced to 30 days in jail, which she is to start serving tomorrow. Those released on personal bond are Ken Heard of Denver; George Florman of Colorado Springs, Colo.; Frank Lozano of El Paso, Texas; Rick James of Salt Lake City, Utah; and Arthur Campbell of Louisville, Ky.
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Rocky Mountain News Friday, May 7, 1982 All RTD routes to serve disabled By Jerry Brown News-Staff Regional Transportation District officials plan to provide wheelchair-accessible service on all RTD routes beginning next month, fulfilling a commitment made three years ago. “As far as I know, we are the first in the country to get this far,” in providing bus service for the physically handicapped, said district spokeswoman Kathy Joyce. About 150 rides a week currently are taken by handicapped passengers on the 10 routes in Denver, two in Boulder and all routes in Longmont that offer wheelchair-accessible service, Joyce said, with a peak weekly ridership of 270. The expansion of accessible service follows completion of the installation of wheelchair lifts on 186 AM General buses purchased by RTD in 1977 and 1978. RTD purchased 127 new buses from General Motors of Canada, and RTD also has 33 older buses that had been previously equipped with lifts, giving the agency 346 lift-equipped buses out of a total fleet of 671. RTD spent $3,882,222 - or $20,872 per bus - retrofitting the AM General buses, Joyce said. RTD doesn't have cost figures for the lifts on the new buses, which were delivered early last year. The cost of lifts on those buses was included in the $15.5 million purchase price, Joyce said. Beginning June 6, half of all rush-hour buses and all off-peak buses will be wheelchair accessible, RTD Executive Director L.A. Kimball said. Wade Blank, co-director of the Atlantis Community for the handicapped, said his organization is pleased with the proposed new service. RTD also has promised a public relations program to promote the new service, another longtime Atlantis goal, Blank said. Atlantis filed a lawsuit in 1977 and staged a series of demonstrations in 1977, 1978 and 1979 in efforts to force RTD to make its regular routes accessible to the handicapped. In mid-1979, RTD agreed to make all its routes wheelchair accessible after the U.S. Department of Transportation issued national regulations requiring that half of all rush-hour buses be wheelchair-accessible by July 1982. The federal regulations were rescinded last year, but RTD agreed to meet its earlier commitment, anyway. Earlier Atlantis held more demonstrations to protest RTD’s decision not to put wheelchair lifts on 89 new buses scheduled for delivery next year. Atlantis is challenging that decision in Denver District Court. RTD became one of the first transit agencies in the United States to offer wheelchair-accessible service on regular routes last June when it began providing such service on some of its busier routes.
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Rocky Mountain News, Tues., Oct. 19, 1992 Denver, Colo. RTD seeks to nullify handicap law By SUE LINDSAY News Staff Another skirmish in the ongoing battle waged by Denver’s handicapped to gain access to the city's bus system was staged Monday in Denver District Court, with the Regional Transportation District asking the court to declare the Colorado Handicapped Act unconstitutional. An organization of the handicapped has asked Judge Harold D. Reed to order RTD to purchase no buses that won't accommodate the handicapped and to retrofit older buses according to an agreement reached during a federal court case in 1979. The district court suit, filed in January, was triggered by RTD’s purchase of 89 buses to be delivered in 1983 without wheelchair lifts. RTD is trying to sidestep the provisions of that agreement, arguing that the federal regulations on which it was based no longer exist. RTD also wants the judge to declare the Colorado Handicapped Act unconstitutional because it is overbroad and too vague to be followed. THE JUDGE HEARD arguments by both sides Monday and said he will rule on the matter Nov. 9. Lawrence D. Stone, an attorney representing RTD, argued that the Colorado Handicapped Act is merely an expression of the Legislature's intention of how the handicapped should be treated. Stone argued that the statute prohibits discrimination but doe§n’t require any specific “affirmative actions” — such as buying only buses that contain wheelchair lifts. “The Legislature intended to enact the statute simply as an encouragement for the handicapped to be brought into the mainstream of society," Stone said. “They were encouraging rather than mandating better service for the handicapped. Any efforts are voluntary, and the voluntary efforts of RTD have been substantial.” Stone said that 50 percent of RTD buses are accessible to the handicapped during rush hour and all of them are during non-peak hours of operation. Stone also argued that the statute, which sets maximum criminal misdemeanor penalties of up to 60 days in jail and a $100 fine, is too vague and too broad to be enforced. Stone said the act doesn’t specifically define who is included and what must be done to comply with the statute. “We must guess at its meaning,” Stone said. "lt is clear that the act is a declaration of state policy. But is it a crime to fail to heed a policy of the state?” Stone argued that, apart from the Colorado statute, lawyers for the handicapped have misconstrued the meaning of a stipulation signed by RTD to resolve a federal suit over the handicapped buses issue. John Holland, an attorney representing the Atlantis Community, which filed the suit, said he and his clients understood that RTD was agreeing to purchase buses with wheelchair lifts and retrofit all buses purchased after February 1977 in compliance with federal regulations in effect at the time. Stone said RTD merely agreed that its “intention” was to achieve accessibility at the earliest practical date. He argued that RTD never promised that all of its buses would accommodate the handicapped. Calling the dispute “a legal and political war between the disabled and RTD," Holland said, "There was no doubt whatsoever that RTD knew for certain (that) what the plaintiffs wanted was total accessibility of buses. This has been our consistent demand everywhere. It's very simple what the agreement means. lt means that all buses must be made wheelchair accessible.” HOLLAND CHARGED THAT RTD was trying to weasel out of the agreement because the federal regulation in effect at the time it was reached has changed. At the time, federal regulations made it mandatory that new buses accommodate the handicapped. The mandatory regulation was dropped in July 1981, leaving the earlier regulation in force that encourages localities to do this and provides federal funding for the wheelchair lifts. “RTD made an agreement with us, and now RTD argues that it should not be bound by the settlement but to the law as it evolves and changes," Holland said. Reed called the stipulation “about as unclear a stipulation as I’ve ever read in my life. I don’t know what it means yet." The judge wondered aloud whether the parties had purposely used “tortured language” to solve the immediate problem, knowing they would wind up back in court.
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PHOTO, News Photo by Steve Groer: A view from above down into a room filled with people, most in wheelchairs, sitting in a rough circle with one person in the middle. Next to that person is a desk with typewriter and paperwork on it. Caption reads: Members of Atlantis Community stage protest at RTD headquarters. Handicapped protest lift vote RTD’s rescission of plan assailed By JERRY BROWN News Staff About two dozen handicapped people, most of them in wheelchairs, staged a two-hour sit-in at the Regional Transportation District’s executive offices Thursday after RTD’s directors voted to rescind plans to install wheelchair lifts on 89 articulated buses scheduled for delivery in 1983. The protestors, all from the Atlantis Community, agreed to leave, but only after: * RTD Executive Director L. A. Kimball and three board members promised they would try to arrange a meeting between the full board and Atlantis members unhappy with Thursday’s vote, with the possibility that the board will reconsider its vote. * Kimball agreed to delay implementing the decision to rescind the lift order until after the proposed meeting takes place, if possible. Before the compromise was reached, the Atlantis members said they were prepared to spend the night at the RTD office -- unless removed by the police. RTD official called police and Denver paramedics, and they waited in a nearby room, ready to remove the protesters if the negotiations failed. Co-director Wade Blank said Atlantis members are prepared to stage daily visits to Kimball’s office and take the issue to court if the board sticks by the decision not to buy lifts. Blank said Atlantis members also plan to stage demonstrations during Kimball's public appearances. Blank said Atlantis members say Kimball, who became RTD’s executive director Sept. 14, is the one who persuaded the board to rescind the order for the wheelchair lifts. Last spring, when RTD ordered the articulated buses federal regulations required that all new buses purchased with federal funds be equipped with wheelchair lifts. Eighty percent of the $2l.6 million purchase price of the buses, including the lifts, will come from federal funds. Eliminating the lifts would reduce the purchase price by $1.1 million, or $12,571 per bus, according to RTD. The regulations requiring wheelchair lifts on new buses were rescinded by the Department of Transportation in July, and Kimball said Thursday that eight of the nine other bus agencies who have ordered the articulated buses as part of a consortium that includes RTD have decided not to buy the lifts. Anticipating that the regulations might be rescinded or overturned in court, RTD and the other bus agencies included the wheelchair lifts as a revocable option in their order. RTD has until Nov.27 to cancel its order for the lifts without penalty. After that date, RTD would have to buy the lifts or pay a penalty to drop them from the manufacturer's specifications. More than 100 handicapped people or representatives from agencies providing services to the handicapped were present for the board vote, and more than 20 speakers argued against rescinding the lift order. With only 16 board members present and 11 votes required to rescind the lift order, it appeared at one point that the speakers had swayed enough board members to win their case. But the board voted 11-5 to revoke the order for the lifts, with chairman Lowell Hutson casting the deciding vote after he counted to see how many board members had voted on each side. The Atlantis members then left the board meeting room in the basement of RTD’s headquarters at 1325 S. Colorado Blvd. and occupied part of the building's fifth floor, where Kimball and other RTD executives have their offices. Nearly two hours later, Kimball and board members C. Thomas Bastien, Kathi Williams and Mary Duty came upstairs to negotiate an end to the demonstration. Atlantis, which has long advocated making all of RTD‘s buses accessible to the handicapped, staged a series of sit-ins and other demonstrations against RTD a few years ago because the agency wanted to provide separate service for the handicapped. Relations between the two organizations improved significantly two years ago after RTD agreed to make half of its peak-hour service accessible to the handicapped.