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Home / Albums / Tag Judge Albanese 6
- ADAPT (261)
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. - ADAPT (254)
The Cincinnati Post, Wednesday, May 21, 1986 I-B Title: Disabled activists may defy court order in bus protest By Mary Kane, Post staff reporter Wheelchair-bound activists are prepared to defy a court order today and force a showdown with city authorities over what rights the handicapped have to public transportation. The Rev. Wade Blank, a founder of Americans Disabled for Accessible Public Transportation, said three activists ordered to get out of town will hold a news conference at noon in front of the Westin Hotel. Robert Kafka of Austin, Texas, George Cooper of Dallas and Michael Auberger of Denver risk being jailed on disorderly conduct charges if they show up at the Westin. Judge David Albanese of Hamilton County Municipal Court on Monday ordered the three to leave Cincinnati Tuesday or forfeit their $3000 bonds. A pre-trial hearing is scheduled for June 26. The men were arrested Monday during a demonstration in front of the Westin, where conferees of the American Public Transportation Association are meeting. The activists have been staying at a Newport hotel, an arrangement that does not violate Albanese's order. However, once inside Cincinnati city limits they are in violation. Members of ADAPT, a national handicapped rights group, have pitted their wheelchairs against the steel frames of buses to protest what they call a lack of accessibility to public transportation for the handicapped. Mr. Blank, a Presbyterian minister, said 12 severely handicapped ADAPT members also will attend the news conference today and announce their intent to block buses in the street. That tactic is intended to challenge law enforcement authorities. Mr. Blank said police have been reluctant to arrest the most severely handicapped of the group. A member with cerebral palsy will be among today's protesters, he said. Mr. Blank said the 12 will risk arrest by the action. - ADAPT (253)
The Cincinnati Post Tuesday May 20 - Photo by Lawrence A. Lambert/The Cincinnati Post: A man (Jim Parker) in a big straw hat and a manual wheelchair sits holding a wooden structure on his feet. Beside him, on his left, a man with dark hair and a dark beard (Frank Lozano) kneels, attaching a folded manual wheelchair to the crossed wood. To his left, another man (Bob Conrad) in a power chair a jacket and an ADAPT shirt, with the access symbol and an equal sign in the wheel, points at what Frank is doing and looks off to his right. Over Bob's right shoulder you can see Bobby Simpson and an African American woman (Gwen Hubbard?) up against some police barriers; the woman is talking with someone. To their right and over Frank's head you can see another man in a wheelchair watching as a woman stands beside him. Over Jim's shoulder you can see another protester in a wheelchair. In the background is the cavernous black of the hotel entrance which is blocked by metal barricades and guarded by police. caption reads: Three members of a national group protesting lack of access to public transportation prepare to lift a cross bearing a wheelchair into place today in from of the Westin Hotel as part of a demonstration. The three are Jim Parker, left, Frank Lozano and Bob Conrad. Title: Activists ordered to leave 3 protesters awaiting trial By Edwin: Blackwell, Post staff reporter Three wheelchair-bound activists were ordered by a judge today to get out of town until their trials or face being jailed on disorderly conduct charges. “This is ludicrous and unconstitutional," said Robert Kafka of Austin, Texas, one of the three. "We got on a public bus and so he is throwing us out of town." The order came after a night when 15 other members or American Disabled for Accessible Public Transportation pitted their wheelchairs against the steel frames of buses in a protest over the rights of the handicapped to public transportation. The protesters rolled their wheelchairs into the paths of buses traveling 40 mph on Kings Island Drive in Warren County and carrying conferees of the American Public Transit Association to a reception. No one was injured in the protest, and no one was arrested. Kafka and two other activists, George Cooper of Dallas and Michael Auberger of Denver, were arrested earlier Monday during a demonstration in front of the Westin Hotel, where the transit association conferees are meeting this week, and the U.S. Courthouse. Kafka and Cooper were arrested on trespassing charges after they boarded a Queen City Metro bus that stopped at the boarding plaza in front of the Courthouse. Auberger was arrested for grabbing a wheel of the same bus. They appeared in Hamilton County Municipal Court today and were told by Judge David Albanese to leave Cincinnati today or forfeit their $3000 bonds. A pre-trial hearing was set for June 26. The three contended the order violated their constitutional rights to free speech but said they will abide by it. They are staying in a motel in Newport, Ky. They said they will discuss possible federal civil rights court action with their attorney, Joni Veddern Wilkens of Reading. "I can’t believe it; this is America," Cooper said. “When you invoke law like it was west of the Pecos, before Texas even became a state . .. get out of town by sundown ... it's scary, it's frightening. I feel it's a basic infringement of my freedom to travel as an American citizen." Cooper, a U.S. Air Force Korean Wax veteran, said it was the first time in ADAPT protests in half a dozen cities that any of its members had been ordered out of town. He said it was the first time they had ever faced actual barricades, as they did in front at the Westin Hotel Monday. “I thought I came from the most conservative city in the country, Dallas," Cooper said. "We just can't believe this." During Monday night's protest near the College Football Hall of Fame, Warren County police moved the ADAPT members from in front of the buses but made no arrests. Police had set up barricades by the hall earlier, but that didn't keep the protesters from roiling their wheelchairs onto the roadway. “I remember flashing in my mind that these might be the first deaths of the civil rights movement of the handicapped," said the Rev. Wade Blank of Denver, Colo., co-founder of ADAPT. “Although I trained them, it just told me how serious it is to these people." Members of the Denver based group say their action shows how far they are willing to go. The protesters want the transit officials to change their national policy on accessibility and Queen City Metro to have wheelchair lifts on all new buses. Today ADAPT members continued to demonstrate in front of the Westin Hotel by hanging a wheelchair from a 10-foot-tall wooden cross to signify “the way APTA is crucifying disabled people." Eleven Cincinnati police officers, including Chief Lawrence Whalen, watched but made no arrests as they guarded the hotel atrium and entrance from some protesters chanting “We will ride. Access is a civil right." Wade Blank said no further attempts to block buses will be made because the group does not want to inconvenience Cincinnati riders. - ADAPT (246)
THE CINCINNATI ENQUIRER Wednesday, May 21, 1986 [This article continues in ADAPT 245, but the entire text is included here for easier reading.] [Headline] Handicapped bus protests to continue [Subheading] Judge offers three protesters choice of jail or leaving city BY DAVID WELLS and JAMES F. McCARTY The Cincinnati Enquirer and ENQUIRER WIRE SERVICES The issue of handicapped people and their accessibility to mass transit reached a peak Tuesday locally and nationally, sparking protests that were expected to go on today. In Cincinnati, a judge ordered three handicapped protesters who had been arrested to leave the city or go to jail. One of the men, a native Cincinnatian, chose to ignore the edict, and his bail of $3,000 was revoked late Tuesday. In Washington, D.C., the Department of Transportation issued long-awaited criteria for making the nation's public transportation systems more accessible to 20 million handicapped people. Neither decision was well received by the handicapped community. The Rev. Wade Blank of ADAPT (American Disabled for Accessible Public Transportation) said late Tuesday that a dozen or more of its members were planning an act of civil disobedience in Cincinnati today that he expected would get them all arrested. “We decided that to leave Cincinnati under the present atmosphere of basic human rights violations, would be to ignore our moral obligations," Blank said. George Cooper, who was arrested Monday said, “I thought my hometown of Dallas was conservative, but Cincinnati is more conservative." Cooper arrested Monday with two other members of ADAPT on charges of disorderly conduct during a demonstration at Government Square. Hamilton County Municipal Judge David Albanese imposed the sentence on the the ADAPT protesters. Late Tuesday, police spotted ADAPT member Mike Auburger, a former Cincinnatian who lives in Denver, driving a car through the -- city—an apparent violation of Albanese's order to leave the city. Cooper and Robert Kafka, Austin, Texas, were arrested after they crawled up the steps of a Queen City Metro bus, paid their fares and demanded the right to ride. Auburger was arrested when he tried to grab a wheel of the same bus as it pulled away from the stop. Metro's Assistant General Manager Murray Bond said disabled persons were not permitted on regular coaches because the company does not think it is safe. Metro provides wheelchair lifts on Special Access buses. but Bond said the cost of installing wheelchair lifts on regular buses would be prohibitive. Defense attorney Joanie Wilkens said after Tuesday’s hearing that she considered Albanese's order unusual but that ADAPT did not have the time or resources to fight it in court. ADAPT members were in Cincinnati to protest policies of Queen City Metro and the American Public Transit Association, which is having a convention at the Westin Hotel. In Washington, DOT's issuance of a final regulation requiring transit systems to provide reasonable alternative transportation for the handicapped contained no surprises. Many transit systems have been moving for several years toward providing alternatives such as van service or a taxi voucher system for handicapped passengers. But ADAPT and other national disability rights groups, dismayed by the new rule, almost immediately filed federal lawsuits against DOT to block the move. Handicapped representatives said the new rule fell far short of carrying out the law. A federal court in 1981 ruled that a federal requirement that all transit systems be accessible to the handicapped was too much of a financial burden. It told the Urban Mass Transportation Administration to develop new requirements that would assure that the handicapped are provided service. Under the final rule announced Tuesday, a transit authority must establish some alternative services for the handicapped if the regular bus or rail service can not be made accessible. Other members of ADAPT continued to picket in their wheelchairs in front of the Westin Hotel on Tuesday. The group suspended a wheelchair from a wooden cross. It symbolizes how the disabled are being crucified," said Bill Bolte, who helped to hoist the chair. PHOTO -- The Cincinnati Enquirer/Fred Strau: Two protesters hang a wheelchair on a large wooden cross. One man in a cowboy hat and plaid shirt (Joe Carle) steadies the cross and the chair from below, while a second man (Jim Parker) stands and pulls the manual wheelchair higher. Behind them several other protesters (including Joanne ____) watch and stand by extensive police barricades in front of the APTA convention hotel. Caption reads: Joe Carle, left, and Jim Parker chain a wheelchair to a cross Tuesday outside the Westin Hotel. The two were among several members of the American Disabled for Accessible Public Transit demonstrating against City Metro and the American Public Transit Association which is meeting at the Westin. - ADAPT (239)
THE CINCINNATI ENQUIRER THURSDAY, MAY 22, 1986 section B PHOTO by the Cincinnati Enquirer's Michael E. Keating: From inside a van you see a man with long braids, a headband and a trimmed beard (Mike Auberger) sitting in a motorized wheelchair. He is wearing an ADAPT "no steps" logo shirt with a band across his chest. His expression is calm, almost removed from the situation. On either side and behind him police officers stand as a lift raises him up to van level. Through the window of the front door you can see a crowd standing by. Caption reads: Michael Auberger, Denver, Colo., is loaded into a police van Wednesday after being arrested for trespassing at Queen City Metro headquarters, where handicapped activists are protesting the lack of access to city buses. [Headline] Disabled protesters won’t post bail BY DAVID WELLS The Cincinnati Enquirer Eleven disabled men remain in the Hamilton County Justice Center Wednesday, unwilling to post bonds set by the court after they were arrested downtown Wednesday, during a protest over lack of public transportation for the handicapped. Municipal Judge David Albanese ordered five other protesters released against their will, saying their medical conditions could not be adequately treated in the jail. All 16 protesters pleaded not guilty. "This is the first time in the history of our movement that the disabled haw been locked up in jail overnight for making their protests,” said the Rev. Wade Blank, a founder of ADAPT (American Disabled for Accessible Public Transportation), to which all the protesters belong. The protesters plan to stay in jail because "bonds just play the game they want us to play," said William Bolte, one of those arrested. "We aren't just going to pay a bond and go away." The ADAPT members came to Cincinnati this week from all over the United States to demonstrate before a convention of the American Public Transit Association being held at the Westin Hotel. ADAPT wants the transit association to pass a resolution in support of full accessibility to public ...[the rest is missing.] Boxed Text: Rights violations charged By Tony Puch, The Cincinnati Enquirer The Cincinnati Human Relations Commission is considering an investigation into allegations against Westin Hotel of violating the civil rights of some handicapped citizens. Robert Harris, the commission's community representative for the disabled, said he had received four "solid" complaints and four to six possible complaints about the Westin's policies toward the handicapped while the ... (Pease see WESTIN, back page, this section) [We are missing second part of this story] - ADAPT (237)
The Cincinnati Post, Thursday, May 22, 1986 [We don't seem to have the beginning of this article] Protest (from page 1B) 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 El Paso. Those pleading not guilty to charges of disorderly conduct and given higher bonds because of prior records were Robert Conard, 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 Lozano, 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. The Cincinnati Human Relations Commission is investigating complaints that some handicapped people may have been denied access to the Westin Hotel. Robert Harris, the commission’s community representative for the disabled, said today at least four handicapped persons not connected with ADAPT were at least temporarily denied entrance to the hotel. “The process was geared against people in wheelchairs,” Harris said.