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June 12, 1990 - Guardian. 5 Disabled 'ecstatic' as rights act clears House By DIANE COLEMAN The Americans with Disabilities Act, considered by many to be the most sweeping civil rights legislation since the 1964 Civil Rights Act, easily cleared the House of Representatives May 22. It is expected to reach the president‘s desk by July 4. The act prohibits discrimination based on disability in public accommodations, employment, transportation and telecommunications. It is intended to address "rampant, daily discrimination in every sphere of American life,“ Rep. Pat Schroeder, D-Colo., told her colleagues on the House floor. “Mentally retarded persons are kept out of restaurants. Persons with cerebral palsy are turned away from theaters. . . . Employers cite fears of hiring disabled persons because their customers will feel uncomfortable or even repulsed,” Schroeder added. Despite strong opposition from private business and transportation lobbies, chief among them the National Federation of Independent Businesses and Greyhound Lines, Inc. , the Americans With Disabilities Act achieved bipartisan support in both houses of Congress. The House vote was 403-29. Under pressure from the NFIB and the National Restaurant Association, the House version of the bill was amended at the last minute to allow employers to remove people with HIV infection from food handling positions. Sponsored by Rep. Jim Chapman, the amendment passed narrowly, although the Texas Democrat conceded there is no “evidence that‘AIDS can be transferred in the process of handling food.” Tom Sheridan of AIDS Action, representing 500 community-based service organizations, predicted that the Chapman amendment would go down to defeat in the House-Senate conference committee. “It’s a horrible amendment for all people with disabilities because . . . it begins to codify the fact that irrational fear is protected by the law,” he said. Nonetheless at press time Senate conferees had agreed to include the restrictions. “Cheers and tears” filled the House gallery at the moment of the ADA's long-awaited passage, according to Tennessee disabled activist Michael Gibson, “but we all know that the bill is only a first step. Several agencies will be writing key regulations which offer innumerable opportunities to weaken the effect of this legislation,” Gibson said. SOME DELAYS, FEW LOSSES While many activists feared the House would water down the Senate version of the bill, Marilyn Golden of the Disability Rights Education and Defense Fund said that the ADA “has not been weakened anywhere near the extent that much legislation is. " According to Golden, who has worked intensively for the bill's passage over the last two years, various timetables and phase-in provisions were adopted to avoid other forms of compromise. The ADA’s protections against employment discrimination, which parallel those applied to federally funded entities since 1973, do not go into effect for two years. Prohibitions against discrimination in public accommodations, such as theaters and restaurants, will require accessibility in facilities “construct[ed] . . . for first occupancy no later than 30 months after the date of enactment." Telephone companies will have three years to put in place a relay service for deaf people and others who depend on non-voice telecommunication. A requirement that all new public buses be lift-equipped will take effect in only 30 days. Many attribute this to seven years of non-violent civil disobedience by the American Disabled for Accessible Public Transit. Greyhound, a private carrier, was given six years to begin replacing its retired buses with accessible ones. Activists also waged a last-minute battle over employment discrimination remedies. Recently proposed legislation would add damages to the relief available to discrimination victims under Title VII of the Civil Rights Act of 1964. In the face of this, Golden said. the Bush administration tried “to renege on its agreement for parallelism” between the ADA and the 1964 act. It backed an amendment that would have kept remedies for disability-based discrimination at current levels if and when discrimination remedies are increased for other minority groups and women. The amendment was narrowly defeated just prior to the final vote on the bill itself. Overall, Golden said. “We're ecstatic." The ADA “will hopefully begin to convey to the American public. left, center and right (because in some ways I don't think the consciousness of the left is any better), that disability is not a personal issue, that there’s a systematic oppression of people with disabilities. . . . Even Congress has faced the fact of the systematic discrimination. " PHOTO (by Tom Olin): A closer view of a mass of marchers coming around a huge tree on a broad sidewalk leading up to the Capitol. Stephanie Thomas, Frank Lozano, Jennifer Keelan and others lead the march which is 12 across in some places and scattered in others. The ADAPT flag (an American Flag with the stars arranged in the wheelchair symbol instead of in rows) flies over the crowd from a few rows back. Some people are in suits and ties, some in T-shirts. Some are in wheelchairs, some carry cameras; children to older folks are in the mix. Caption reads: Seven years of nonviolent civil disobedience by the American Disabled for Accessible Public Transit has been credited for the requirement that all new buses be lift-equipped. Above, ADAPT march on U.S. Capitol.
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The Cincinnati Post Thursday May 22, 1986 1B [This article continues in ADAPT 251, but the entire text is included here for easier reading.] PHOTO by Patrick Reddy/The Cincinnati Post: A lone man in a wheelchair (Glenn Horton) sits in front of a metal police barricade. He wears his pale ADAPT T-shirt with the ADAPT no steps logo imprinted in black on the front. He looks casual but determined, with one foot resting higher on his chair than the other, and his hands folded in his lap. Behind him is cavernous black, some kind of entrance. And around him stand four police officers dressed in dark colors, with light colored hats with eye shades. Each officer is looking determinedly in a different direction. Caption reads: Four police officers look on as Glenn Horton of El Paso, Texas, waits for a van to take him to the Hamilton County Jail after he was arrested at a protest at the Westin Hotel. Horton was among 17 disabled protesters arrested Wednesday. Title: Protesters ready for long jail stay Post staff report Comparing Cincinnati to Selma, Ala., in the 1960s, 11 members of a handicapped activist group are vowing to stay in jail to end alleged discrimination against the handicapped. Of 17 disabled protesters arrested Wednesday, 14 were charged with disorderly conduct for blocking the Westin Hotel entrance. Three were charged with criminal trespassing after chaining themselves to the front doors of Queen City Metro’s offices at 6 E. Fourth St., downtown. Scheduled court dates ranged from May 28 through June 2, so some of the protesters could be in jail for as long as 12 days. Demonstrating against lack of access to Queen City Metro buses, members of Americans Disabled tor Accessible Public Transportation have timed protests this week to coincide with an American Public Transit Association conference at the Westin. The five-day conference ended Wednesday night. “This (Cincinnati) is the Selma, Ala., of the disabled civil rights movement,” said the Rev. Wade Blank of Denver, a founder of ADAPT. “People from all over the country have been calling to say they are willing to get arrested. This has not happened in many cities.” Access Service, Queen City's alternative transit system for the elderly and handicapped, is inadequate and overloaded, ADAPT members say. “We are committed and the people who got involved in this knew it would be more than an overnight stay in jail," said Stephanie Thomas, an ADAPT organizer. “We will not post bond for them." The 11 jailed ADAPT members have been separated from the rest of the prison population and have a full-time employee watching over them at the Hamilton County Justice Center, said Victor Carrelli, Hamilton County chief deputy sheriff. Hamilton County Municipal Judge David Albanese held a special two-hour hearing Wednesday for the 17 under judicial orders covering mass arrests or civil disobedience cases. Those charged with crimi nal trespassing were Michael W. Auberger, 32, of Denver, Colo.; George Cooper Jr., 58, of Irving, Texas, and Robert Kafka, 40, of Austin, Texas. Albanese set bond for the three, who pleaded not guilty, at $3000 cash and "banned them from the city if they chose to post bond. They did not. Kelli Bates, 21, of Denver, the only woman arrested, was the only ADAPT member to plead no contest to a disorderly conduct charge against her. Albanese found her guilty and sentenced her to 30 days in jail if she has not left the city by Friday or enters the city before Friday. Lonnie Smith, 30, of Denver, charged with resisting arrest and disorderly conduct, pleaded not guilty. Albanese set a $2500 10-percent bond for the resisting charge and a $1500 10-percent bond for the disorderly conduct charge. Those pleading not guilty to charges of disorderly conduct and placed on a $1500 10 percent cash bond were Ernest Taylor, 31, of Hartford, Conn.; William Bolte, 54, of’ Los Angeles; Glenn Horton, 46, of El Paso, Texas; Joseph Carl, 47, of Denver, and James Parker, 40, of E1 Paso. Those pleading not guilty to charges of disorderly conduct and given higher bonds because of prior records were Robert Conrad, 32, of Denver, on a $2000 10-percent cash bond and George Roberts, 37, of Denver on a $3000 10-percent cash bond. Those pleading not guilty to charges of disorderly conduct and released on a $1500 unsecured bond because of medical problems were Arthur Campbell, 39," of Louisville; Kenneth Heart, 36, of Denver; Efrain Lozazno, 35, of El Paso; George Florom, 43, of Colorado Springs, Col; and Rick James, 36, of Salt Lake City. In all cases where bond could be posted, Albanese warned the people not to return to Cincinnati except for court appearances or meetings with their attorneys. Prosecutor Charles A. Rubenstein in many of the cases protested Albanese’s decision to allow the prisoners to be released on bonds. “There is a great likelihood if they are released on bond they would create "further problems and turn this court into a revolving door,” he said. However, James Nicholas of the public defenders office, who was appointed to aid the group's privately hired legal counsel, said "the group would cause no further problems. “The reason that they came, here is finished. They have no reason to remain." After the hearings were finished, Nicholas said most members of the group had vowed to remain in jail.
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Handicapped Coloradan Volume 9, No. 3, Boulder Colorado October 1986 [There are two articles included here.] Headline: Rosa bows out at last minute PHOTO: by Melanie Stengel, courtesy of UPI Three uniformed police officers surround a woman in a scooter (Edith Harris) and hold her arms. They are in front of a city bus, and behind them you can see a fourth officer and a city building. The caption reads: EDITH HARRIS, 62, of Hartford, Conn., is arrested by police during demonstrations in Detroit in early October. Harris, a grandmother who lost her legs to diabetes, was in Detroit to picket the national convention of the American Public Transit Association (APTA). Harris has participated in similar demonstrations in Washington, D.C, and Los Angeles, Calif. She was also arrested in both those cities. Ironically, Harris compares herself to Rosa Parks, the black civil rights leader who decided at the last minute not to participate in the Detroit transit demonstrations. Title: Blacks blast ADAPT [This article continues in ADAPT 288 but the entire text is included here for easier reading.] Civil rights heroine Rosa Parks shocked disabled groups when she said at the last minute that she would not participate in any actions protesting Detroit's lack of accessible public transit. “We do not wish any American to be discriminated against in transportation or any other form that reduces their equality and dignity," Elaine Steele an assistant to Parks, said in a letter dated Oct. 3 and delivered to Wade Blank, co-founder of the American Disabled for Accessible Public Transit (ADAPT). "However," we cannot condone disruption of Detroit city services." Parks had said she would appear at a Sunday, Oct. 5, news conference and possibly lead a march across Detroit. Steele said that Parks "supports active peaceful protest of human rights issues, not tactics that will embarrass the city's guests and cripple the city's present transportation system.“ Blank said he asked Steele how their tactics differed from those used by Parks and other blacks to fight segregation in the South in the 1950s and 1960s but she was unable to provide him with a satisfactory answer. Parks is credited with igniting the civil rights movement when she refused to give up her seat to a white man on a Montgomery, Ala. bus in 1956. Parks' defiant action caused a Montgomery minister, Martin Luther King, Jr. to organize a black boycott of that city's buses. Detroit Mayor Coleman Young and CBS newsman Ed Bradley — both black -- were scheduled to address the national convention of the American Public Transit Association (APTA) and reportedly asked Parks not to embarrass them by participating in the ADAPT action. Blank said that Parks had wavered once or twice in the weeks before the convention, but that he had managed to persuade her to stick to her original decision. But less than a week before the convention opened, Parks and her staff met in long session, and decided to support ADAPT. The Handicapped Coloradan has so far been unable to reach Parks or her representatives to learn what made her change her mind so suddenly. Blank said that he "wouldn’t be surprised to learn that Chrysler or Ford told her that they wouldn't contribute to the Rosa L. Parks Shrine if she went through with the action.” Parks is currently involved in raising money to commemorate her role and that of other blacks in the struggle for equality. But Blank stopped short of condemning Parks, saying that the 74-year-old leader has earned the respect of everyone for her actions in the 1950s. He said, "Maybe it just isn't her time any more. If I had known we were going to put her on the spot like this, I wouldn't have done it. She was under a lot of pressure. Apparently the phone never stopped ringing.” However, Blank had plenty to say about Bradley, who is a regular on the highly rated television news program "60 Minutes." Before giving a speech on apartheid in South Africa, Bradley told the 2300 APTA delegates that ADAPT had asked him not to appear at the convention. Bradley said he talked with both Young and Parks and all three agreed that they did not approve of the tactics used by the disabled group. Blank said he tried to contact Bradley by phone on at least six different occasions during the two months preceding the convention but was never able to get past his secretary." "We wanted to explain our position, but he apparently wasn't interested. This may tell you just how much homework they do on ‘6O Minutes.' Maybe people who make their living by intimidating others can't take it themselves," Blank said, referring to the often adversarial approach used on the program. “Blank said he was never able to ‘get through to Young directly but a member of Young's staff said they were welcome to ride the city's buses. "Then they arrested us for doing just that," he said. The state of Michigan requires that all transit systems receiving state funds be wheelchair accessible, but the city of Detroit avoids that requirement by financing its own transit system. Representatives of the suburban Southeastern Michigan Transportation Authority (SEMTA), which is accessible, said it would be willing to introduce a pro-accessibility resolution at the next APTA convention if it can find two or three co-sponsors, according to Blank. Young defended ‘Detroit's policy at a news conference by saying that he couldn't "make gold out of straw" to pay for the lifts. Young attacked ADAPT for employing “sabotage and sensationalism” and accused the group of taking "advantage of their disabilities" to block buses and get publicity for their cause. “That's not the way to win cooperation," he said. Blank said the only time people in power take notice of disabled people is when they engage in civil disobedience, pointing out the efforts their opponents made to discredit ADAPT. “The police told us that APTA had told them we were urban terrorists." He said he was sure few people in Detroit knew of the difficulties encountered by persons with disabilities in using public transit before ADAPT hit town. Blank said he tried to get Jesse Jackson and his rainbow coalition to support ADAPT in Detroit, but every time he telephoned he was told that “Jesse was in the air" flying to another appearance. Some members of Jackson's other group, PUSH, did participate in some of the Detroit demonstrations. Blank said he was saddened that so many blacks could not understand ADAPT's motives. “I guess it was just one human race story running up against another" he said. PHOTO: The dark figures of 3 Detroit police officers loom into the frame from all sides. Through a small hole between their arms you can see the face and chest of a man (Ken Heard) they are surrounding. Below their arms you can see the wheels and frame Ken's wheelchair. Caption reads: Detroit police had their hands full when they placed Ken Heard under arrest. Title of 2nd article: 54 arrested in transit showdown [This article is continued in ADAPT 295 but the entire text is included here for easier reading.] At least 54 demonstrators were arrested in Detroit as disabled groups once again laid siege to a national convention of their arch-foe, the American Public Transit Association (APTA). Seventeen or 18 protesters (accounts vary) were arrested Monday, Oct. 6, when they attempted to board -- and block -- Detroit city buses, which are mostly not equipped with wheelchair lifts. Those arrested were released on a $l00 personal bond and were ordered not to participate in any actions that would lead to a second arrest. The next day, Tuesday, Oct. 7, 37 protesters, including 13 repeat offenders, were booked by police for blocking one of the two entrances to the McNamara federal office building. Twenty-four of these were released after posting the $100 personal bond apiece, but the repeat offenders had bail set at $1,000 each. Even as the protesters, primarily members of the militant American Disabled for Accessible Public Transit (ADAPT), began pouring into Detroit Friday night, the Wayne County jail was already filled to its 1700 person capacity and was turning away all prisoners charged with misdemeanors. The 13 two-time offenders were held Tuesday night in a gym at police headquarters which has bars on the windows and which has been used on other occasions as a holding area for prisoners waiting to be incarcerated. Ironically, the gym's facilities were not accessible to persons in wheelchairs, and police were obliged to carry their disabled prisoners when they needed to use the restrooms. Outside police headquarters, another 60 demonstrators gathered and staged an all-night candlelight vigil. As in other cities where ADAPT has staged demonstrations in its fight to win mandatory accessible public transit, the police said they were in a [unreadable.] More than one officer complained that you can't help but look bad when you arrest someone in a wheelchair. The Detroit police had received briefings from other cities visited by ADAPT and had given some special training to officers in dealing with disabled protesters. ADAPT had originally been granted a parade permit to stage a march on the Westin Hotel where APTA conventioneers were meeting, but Mayor Coleman Young and police went to the city council and got the permit rescinded. No parade permit was issued when ADAPT marched on APTA in Los Angeles, but police made no attempt to push the marchers off the streets and in fact routed traffic away from the demonstrators. However, in Detroit police dogged ADAPT marchers for two miles, making [unreadable] protesters stuck to the sidewalks, even when obstacles such as a large puddle of water hampered, their progress. ADAPT spokesperson Wade Blank said the Detroit action cost $20,000 and that the group was seeking additional financial assistance to continue to press their fight, which has taken them to APTA's national conventions in Denver, Washington, D.C., and Los Angeles, as well as to regional meetings in San Antonio, San Diego, and Cincinnati. Blank said several reporters asked him about reports that ADAPT was being funded by lift manufacturers. “I’m sure someone with APTA planted that question to try and discredit us,” he said. Blank said ADAPT had received contributions of $100 each from two lift manufacturers but that this was for other projects. “Besides, that isn’t enough to make bail for more than two people." APTA'S 1987 convention is set for San Francisco and ADAPT is already beginning to lay the groundwork for disrupting that meeting. “People ask why we do these kinds of things (civil disobedience)," Blank said. “But look how much publicity we get. People are finally getting the word about what public transit really means to someone in a wheelchair.” California has required all public transit systems to convert to accessible systems as they replace old equipment, but Blank said he’s heard that there have been some problems with the Bay Area Rapid Transit (BART) in recent months. But before they head for San Francisco, ADAPT has been asked by disabled groups in Boston for assistance in setting up a program to pursue accessible transit there.
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Village Voice, March 4, 1986, p.27 [Headline] NAT HENTOFF: America’s Apartheid [This was part of a series of articles Mr. Hentoff wrote for the Village Voice on disability issues and people with disabilities in our society.] PHOTO in center of page, Photo credit Michael Rondou / Press - Telegram: A slight man (Bobby Hartwell) in a somewhat rickety manual wheelchair sits in front of a large city bus [number 4405]. Through the windsheild a very beefy uniformed man, perhaps the driver, stands arms resting in front of him. Behind and to the side of this first bus is a group of three police men standing and conferring. Behind them a couple of other wheelchair riders are blocking a second bus. Behind that bus a third is barely visable. Text box above the photo: “Anatomy is not destiny and never has been.” The photo caption: A demonstrator holds a bus hostage In Long Beach, California: Because of the way the bus is built, the demonstrator can't get on. [Italicized] A “caste” of. . . persons has been created [in America]. Members suffer a stigma of abnormality, inferiority, and dependency, are provided with separate facilities and programs, and are encouraged to interact only with others of the same caste. [Italicized ends] —Robert Funk, Director/Attorney, Disability Rights Education and Defense Fund, Inc. [Italicized] Black people started a movement when they were forced to sit in the backs of buses. We're not even allowed on the buses. [Italicized ends] – Julie Haraskin, during a nonviolent direct-action demonstration in Los Angeles by ADAPT (American Disabled for Accessible Public Transit) Barry Giddings is a citizen of the United States who lives in Philadelphia. In 1981, he was shot in the neck and became a quadriplegic. The only way he can get around is in a wheelchair. Until December 10, 1985, he and his brother lived in his mother's home. On that day, Mrs. Giddings and her family were evicted. She went to Philadelphia's Division of Adult Services to get shelter for herself and her sons. Mrs. Giddings was told that she and her nondisabled son would be provided shelter, but Barry Giddings would have to provide for himself. Why? Because he was disabled. The apparatchiks tried to make Mrs. Giddings understand that they had no choice in this matter. Taking care of her disabled son's needs, they explained, would cost more money than was being spent on the average homeless soul in the city's shelters. Then there were the costs of additional insurance premiums to cover the city if this quadriplegic were taken in. Then where should he go? Was this man to be thrown out into the street to lie there until he died? Not our problem, said Philadelphia's Division of Adult Services. Lest you think that the decision to wholly abandon this disabled man was made by some low-level employee devoted to the increasingly popular notion that inconvenient people should be terminated, the person who sent Barry Giddings into the night was following the policy of Philadelphia's Division of Adult Services. A relative arranged to have Giddings taken into Jefferson Hospital for the night because the staff there, unlike the folks at Adult Services, could not bear leaving him without shelter. They put him in the emergency room. The next day, he was removed to Magee Rehabilitation Hospital, although he did not require hospitalization. What he required, was a place to stay, and Magee Rehabilitation Hospital couldn’t keep him because providing shelter wasn't its' function. Barry Giddings, with the help of Stefan Presser, an American Civil Liberties Union attorney, took the city of Philadelphia to court. The class action suit charged that the city policy discriminates against homeless people who are disabled, and thereby violates their Constitutional right to equal protection under the law as well as their rights under Section 504 of the Federal Rehabilitation Act of 1973. That statute forbids discrimination against the handicapped in any program receiving Federal funds, and Philadelphia's Division of Adult Services, as part of the Department of Human Services, does receive Federal money. The city of Philadelphia quickly caved in, placed Giddings in a temporary shelter and said it would find permanent housing for him and his mother. As Stefan Presser points out, a particularly shocking thing about the case was that although the city had been engaged in a vigorous campaign to get the homeless into shelters, it had this firm policy of shutting out the disabled among the homeless. "There's no telling," Presser told me, “how many disabled people have been turned away until we got the policy changed, and who knows what happened to them? Some of the organizations for the disabled inform me that from time to time they've had phone calls from people who have been refused shelter because they're not able-bodied, but when they got to the phone booth from which the call was made, there was no one there." Ralph Ellison's Invisible Man could have a counterpart in the experiences of the nation's disabled for many, many years. As Robert Funk, Director of the Disability Rights, Education and Defense Fund, wrote in 1981: “American society, under the guise of humanitarian efforts, has developed a record, with respect to treatment of disabled persons, that is a history of isolation and discrimination inflicted upon them because of their ‘handicaps.’ This history, manifested in the attitude of ‘out of sight, out of mind,' carried out through policies of custodialism, has resulted in an ostracized, invisible minority denied access to organized society." This year, in his part of a forthcoming book, Images of the Disabled/Disabling Images, Funk makes the corollary point—— and see if any of this applies to you ---- that "the general public does not associate the word 'discrimination' with the segregation and exclusion of disabled people. Most people assume that disabled people are excluded from school or segregated because they cannot learn or because they need special protection. So too, the absence of disabled coworkers is simply considered a confirmation of the obvious fact that disabled people can't work. These assumptions are deeply rooted in history. Historically, the inferior economic and social status of disabled people has been viewed as the inevitable consequence of tho physical and mental differences imposed by disability." I know a young woman whose disability is athetosis, a form of cerebral palsy, which affects her speech and the way she walks. She is a first-class writer --- a published writer --- and a graduate of Harvard Law School. Currently in Hartford, she specializes in state regulation of automobile and homeowners’ insurance. Her name is Lisa Blumberg and she wrote me recently: "If nondisabled adults spent more time talking to disabled adults, they would learn that anatomy is not destiny and never has been." But because many disabled adults are segregated from the rest of the population, misconceptions about them, along with ignorance of who they actually are, continue to create more discrimination. For instance. Michael Landwehr of the Council for Disability Rights in Chicago, born with spina bifida, was disabled during surgery when he was 12. He is a graduate of the University of Illinois. Landwehr watched with great interest when in 1973 Congress enacted Section 504 of the Rehabilitation Act forbidding discrimination against the disabled in any programs or activities that receive Federal funding. So what has Michael Landwehr's life been like since 1973? “I have been denied an apartment based on my disability," he says. “Last year I was uprooted from home when the commuter train I took to work refused to let me continue riding without an attendant. I was told I could not buy a ticket in the first-class section of an airliner unless I also purchased a ticket for an attendant. I have been denied jobs and promotions on the basis of my disability. Every day I am denied access to public transportation. [He is in A wheelchair.] “Hundreds of thousands of disabled persons remain incarcerated in nursing homes and institutions, isolated from every aspect of community life, denied their right to vote, denied the right to education and employment. Disabled people remain the most unemployed and underpaid group in the country. For every dollar earned by a nondisabled white male, a disabled white male earns 52 cents, a disabled minority male earns 25 cents, and a disabled minority woman earns 12 cents." But the disability rights movement is gathering momentum and has already brought about some changes. Accordingly, by the end of this decade, there is likely to be a stretching of public consciousness concerning this form of American apartheid that has largely been ignored during the rise of all the other movements for equal protection under the law-—blacks, women, Native Americans, homosexuals and lesbians, Hispanics, et al. Future columns will include an exploration of the nonviolent direct-action arm of the disability rights movement, which is currently the most vigorous continuation of the Martin Luther King-Saul Alinsky legacy. The series will also go into the history of legislation and court action concerning the disabled; the seemingly infinite ways in which the disabled are distorted, sentimentalized, and underestimated by the press, television, and films; a battery of very specific legislative recommendations by the disabled; and a good deal more. One of the underlying themes is a comment by Vassar Miller, who has published eight volumes of poetry, one of which was nominated for the Pulitzer Prize. In her early sixties now, she was born with cerebral palsy. “What handicaps me far more than my physical condition," she says, “is the reaction society has to it. And, no less important, my reaction to society's reaction." Vassar Miller has edited a new book, Despite This Flesh (University of Texas Press), an extraordinarily illuminating collection of short stories and poems about the disabled. If public television had any imagination, a striking series could be made from Despite This Flesh. It ranges from pungent, poignant, and sharply funny evocations of childhood to a resoundingly erotic poem about a paralyzed man, "Seated Nude" by Richard Ronan. In her introduction, Vassar Miller tells of how, when she was a child, before there was ever such a thing as special education or mainstreaming, her stepmother “had tried to enroll me in a private school. ‘They just looked at me and started talking about God!‘" her stepmother said in dismayed tones when she came home. By the time the 1980s are over, a picket line of the disabled might elbow God aside and change the admissions policies of a school like that. The pressure is rising inside the disabled to break out of their caste, to be visible, to be part of whatever the hell's going on that they want to be part of. Consider ADAPT (American Disabled for Accessible Public Transit). In a number of cities around the country, its members have been demonstrating and getting arrested in protests against the lack of lifts on buses and the absence of ways of enabling the disabled to use other forms of public transportation. On October 6 in Los Angeles, a march of some 280 disabled ended at the Westin Bonaventure Hotel, where the American Public Transit Association was holding a convention. This was the scene, as described in The Disability Rag (Box 145, Louisville, Kentucky): "Attempts by ADAPT members to descend to the main lobby of the Bonaventure on the one elevator connecting the lobby with the street level were met with police resistance. Security forces turned off the elevator and escalators. Police blocked doors to prevent other disabled people from entering the hotel. Chants of ‘We Will Ride!‘ filled the Bonaventure from protesters inside and out. A number of ADAPT marchers, determined that conventioneers would not be able to use the escalators either, tried to block the escalator entrances or to throw themselves down the steps....By Monday, the Bonaventure had become a police-held fortress.“ I bet you never thought disabled people could do anything like that. It's just the beginning. As an ADAPT organizer yelled at a crowd of the disabled in Los Angeles, “We've got to get over our slave mentality!"
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[Headline] NAT HENTOFF:“No Wonder God Punished Her by Making Her Blind!” Village Voice, March 18, 1986, page unknown. PHOTO in center of page. Photo credit, DAVID STONE/MAINSTREAM: MAGAZINE OF THE ABLE-DISABLED: A group of police officers in dark short sleeved uniforms standing and looking at one another. On the floor at their feet, a man in white clothes (Chris Hronis) lies on his side arms behind his back, apparently handcuffed. Through the legs of the officers you can see someone else (Edith Harris) sitting on the floor also apparently handcuffed. At the edges of the frame you can see a couple of people's faces and at the bottom, the back of someone's head. Above the picture is a text box that reads: "I am tired of being closed away." Photo Caption reads: Disabled activists commit civil disobedience in Las Angeles to make public transit accessible: “We will ride." [Italicized] New vocabulary must be developed. Racism and sexism are words known to every schoolchild, but there is no word to describe bigotry against persons with disabilities. [End italicized] – Lisa Blumberg, Hartford Courant, June 24, I985 [Italicized]... it is absolutely essential to understand that the pain and "tragedy" of living with a disability in our culture, such as it is, derives primarily from the pain and humiliation of discrimination, oppression, and anti-disability attitudes, not from the disability itself. [End italicized] — Michelle Fine and Adrienne Asch, Carasa News, Committee for Abortion Rights and Against Sterilization Abuse, June/July 1984 [Italicized] Public transportation is a tax-supported system. The handicapped pay taxes. It's as simple as that. How would the average taxpayer feel if he was denied access to a facility he paid for? [End italicized] – Wade Blank, a founder of and organizer for ADAPT (American Disabled for Accessible Public Transportation), Denver Post, October 6, 1985 In the spring of 1982, a woman in a wheelchair went into a clothing store in the Bronx and was told by the guard that he was required by store policy to turn away people with wheelchairs. Shs wrote a letter of complaint to the head of the chain and received an apology, along with a $50 gift certificate. Off she went to cash in the certificate, and guess what happened? That's right. A guard turned her away from the store. The woman sued; the store settled the case by giving her a check for $10,300. I had been about to write that a disabled lawyer had handled her case, but he — Kipp Elliott Watson—corrected me. “I am a lawyer with a disability," he said. In Jim Johnson's "Shop 'Talk" column in the February 22, 1986, Editor & Publisher, there is a guide for copy editors and reporters concerning accuracy of language in stories about those with disabilities. It was put together by more than 50 national disability organizations. One illustration: “Perhaps the most offensive term to disabled people is ‘wheelchair-bound' or ‘confined to a wheelchair.’ Disabled people don't sleep in their wheelchairs, they sleep in bed. Call them 'wheelchair users.'" Also, "labeling of groups should be avoided. Say ‘people who are deaf' or 'people with arthritis’ rather than ‘the deaf' or ‘the arthritic.’ . . . One of the problems with eliminating insensitive terms is the, lack of a clear policy that reporters and editors can follow. A reporter cannot change a paper's policy by himself. The first time a reporter writes 'person who is arthritic,’ a copy editor is sure to change it to ‘an arthritic’ to save words.” And I would particularly recommend the next correction to the vast majority of the reporters and editorial writers who have covered Baby Doe cases: “Afflicted [unintelligible] a negative term that suggests hopelessness. Use disabled. Also to be avoided are deformed and invalid." The guide is especially useful because more and more of those with disabilities are going to be making news-in–lawsuits, individual acts of resistance against discrimination, and in collective demonstrations. For instance, in Los Angeles last October, during a nonviolent direct-action protest against the American Public Transit Association (which is resisting making all its buses accessible to the handicapped), there was this report by George Stein in the October 7 Los Angeles-Times: “During the procession, 131 wheelchairs, stretching more than a block, carried people with disabilities ranging from spina bifida, cerebral palsy and muscular dystrophy to snapped spinal cords, congenital defects and post-polio paralysis. “Many had the withered limbs and lack of body control that the more fortunate usually try not to stare at. “But not Sunday. Motorists slowed to watch the sight. Some honked in support. One of the demonstrators was Bob Kafka, a spokesman for ADAPT (American Disabled for Accessible Public Transit) "This is beautiful,” Kafka said as he wheeled along “I am tired of being closed away." Carolyn Earl, who uses a wheelchair, tried to make a reservation at the Harrison Hotel in Oakland, California. The clerk wouldn't take an advance deposit. Suppose there's a fire, he said. The hotel would be liable. But call back, he said. She did. Ain't that a shame, there are no rooms with baths, and she'd asked for a room with a bath. Okay, the woman said, I’ll take a room without a bath. The clerk said that for her, there were no rooms, period. Just like it used to be with blacks and Jews. It happens, however, that according to Section 54.1 of California's Civil Code, it is as unlawful to discriminate in public accommodations against people with disabilities as it is to exclude racial and ethnic minorities. Carolyn Earl went to court. In December 1984, the hotel agreed to pay her damages and to sign an agreement pledging never again to refuse lodging to anyone who is disabled. In Louisville last fall, Steve and Nadine Jacobson, who are blind, were on trial. The charge: disorderly conduct. On July 7, they had been sitting in exit-row seats on United Airlines Flight 869 to Minneapolis, where they live. Airline personnel and security employees from Standford airport ordered the Jacobsons to get out of those seats. In the event of an emergency, the Jacobsons were told, they, being blind, could jeopardize their own safety and that of others. The rationale for the policy, it came out at the trial, was a “test” some time back during which – now get this – sighted people were blindfolded two hours before a mock evacuation and it turned out that these “blind” people had trouble opening emergency exit doors as well as dealing with other evacuation procedures. On the basis of a test that used fake blind people to find out how real blind people might act, the Federal Aviation Administration—long known for its stunning brilliance—issued an advisory circular suggesting to airlines that they keep blind folks out of those emergency exit rows. As they were trying to get the Jacobsons to move, United Airlines personnel kept insisting that a "Federal regulation" said they had to get out of those seats. The Jacobsons, however, had just come from a convention at which that very advisory circular had been discussed. They knew there was no rule. And so they sat. And sat. Irritated passengers offered to trade seats with them. Another yelled that the Jacobsons were holding everybody else up. "How can you be so selfish?" And another, speaking from the heart, pointed to Nadine Jacobson, and said to a neighbor: “No wonder God punished her by making her blind!" Eventually, the Jacobsons were removed from the plane and charged with disorderly conduct—not with violating the alleged “Federal regulation." At the trial, Steve Jacobson told the jury: “All through my life, there were things I was told I couldn't do because I was blind. In college, they said I couldn't take math." (Mr. Jacobson is a computer analyst for 3M.) He went on to say that he kept ignoring all the advice about all the things he couldn't do because he was blind. “I just had to go on," he said. Where he works, he was told not to use the escalator. He could get hurt. He uses the escalator. That day at the airport, “To move from my seat would reinforce all that I've worked not to have happen. To move would say to the other people on the plane that I am less capable than any sighted person to open that emergency door. And that isn't. the case. It just isn't.” As for Nadine Jacobson: “I was scared. I had never been arrested before. I felt really bad that people were angry and upset, and that the plane was being delayed." But still she wouldn't move. “Many times people make assumptions about what we [blind people] can do and can't do. I knew that if I moved from that seat, everyone would think that anyone else was more competent than me. It's an issue of self-respect. I'm a citizen of this country, and a blind person, and I feel I have a right to travel in this country, and if I get assigned a seat, I have a right to sit there." Would the jury have been convinced solely by what the Jacobsons said? I don't know. But I expect they listened with much interest to testimony by Mark D. Warriner of Frontier Airlines, who said his company had stopped discriminating against blind people as a result of a March 1985 evacuation drill by World Airways, which showed that blind people—real blind people—got out during an emergency faster than sighted passengers. The Jacobsons were acquitted. The verdict, said Nadine Jacobson, was “a step forward for blind people all over the country." Footnote: None of the police officers or the security personnel involved in arresting the Jacobsons would give them their names. Without the names, the Jacobsons could never identify them, ho-ho. But an attorney sitting in front of the Jacobsons on the plane handed them a piece of paper with one of the names, and that led to others being revealed. The stories about the Jacobsona and the woman trying to get a hotel room originally appeared in The Disability Rag in somewhat different form. There is nothing like that paper in the whole country. It covers the whole disability rights spectrum—from what‘s happening in the courts to the directions being taken by groups of nonviolent resisters. It publishes memoirs, jeremiads, parodies, and material for which there is no category. It is the liveliest publication I know. It has grace and beauty and fury. It costs $9 a year, from The Disability Rag, Box 145, Louisville, Kentucky 40201. You have a choice of print, cassette tape, or large-print edition. We shall be getting back to public transit, along with education, jobs, and stereotypes of people with disabilities in movies and television as well as in print. The importance of access to buses and other forms of transit has been distilled by Wade Blank of ADAPT: “Jobs and education don't mean much if you can't get a bus to take you there. Accessibility to public transportation—moving from one place to another—should be a right, not just a consumer service." Recently, Wade Blank was telling me how, because of ADAPT and the pressure it keeps putting on, 78 per cent of the buses in Denver, where ADAPT is based, are now accessible. Soon, with 200 new buses on order, all of them with lifts, people with disabilities will be able to ride 90 per cent of the Denver buses. Already, Blank said, this access means a lot. “I know a man with cerebral palsy," Blank continued. “He has no use of his legs or arms. He can't speak. But now, with the buses accessible, he can ride around and see the sights and come to our offices. He can move where and when he wants to in the Denver community." He's no longer closed away. In Dallas, Kataryn Thomas, 57, was arrested last month during an ADAPT demonstration against the recalcitrant Dallas Area Rapid Transit Authority. She was born with spina bifida, uses a wheelchair, has worked as a receptionist, and when she was busted, a bright orange flag connected to the back of her chair fluttered in the breeze. The words on it were: “Free Spirit." “l don't have to climb any mountains," Kataryn Thomas told the Dallas Times Herald. “I just want to ride the public transit.”