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Hjem / Albumer / Merknader DOT Secretary Skinner 9
Innleggsdato / 2015
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 (488)
This and ADAPT 509 are continuations of the story on ADAPT 496. The full text of the whole story is on ADAPT 496.
ADAPT (489)
Daily News, Wednesday, September 27, 1989 Handicapped protesters gain support Photo: A man kneels in the middle of a group of three people in wheelchairs, as they talk. Behind him another man stands looking down. One of the three people in wheelchairs, Mike Auberger, with his braids, is seen from the side; another facing the camera has on a hat covering is eyes; and the third has his or her head down reading a paper in their lap. photo by: JOHN BAZEMORE /Daily News Caption: Steven Diaz, chief counsel for the Urban Mass Transportation Administration, meets Tuesday in Atlanta with protesters to discuss their concerns. The Associated Press ATLANTA — Handicapped protesters who occupied a federal building for two days won a pledge of support from the Bush administration Tuesday, but failed to get their main demand — a federal order requiring wheelchair lifts on all new public buses bought with federal funds. The Department of Transportation “cannot issue a summary order commanding immediate access including wheelchair access for all transit,” said Steven Diaz, chief counsel for the Urban Mass Transportation Administration, who met with the protest leaders. “We would if we could." But Diaz said DOT officials and the protesters had agreed on three points: * Transportation Secretary Samuel Skinner will be urged to meet promptly with disabled activists to ensure a “principle of accessibility” until Congress passes the Americans with Disabilities Act. * The protesters will be allowed to continue a “symbolic presence" at the Richard B. Russell building in downtown Atlanta. * Officials will relay to Skinner the protesters’ concern that new rules for handicapped accessibility to air travel are not being drafted quickly enough. "This agreement by no means resolves the problem of access; it just brings us a step closer," said Mark Johnson, 38, of Alpharetta, one of the protest leaders who met with Diaz and other DOT officials. He said he didn't know whether the protesters would leave the building, where they blocked elevators and entrance doors earlier Tuesday. “We may stay here through Thursday, or we may just leave a sticker on the wall. There could be a constant vigil at the building, or we could all leave," he said. The protest by members of ADAPT, or American Disabled for Accessible Public Transportation, began Monday when Skinner was in Atlanta to address the convention of the American Public Transportation Association. At least two dozen protesters chained themselves to doors or blocked exits with their wheelchairs Monday. Authorities attempted to eject several protesters from the building Monday evening, but President Bush intervened and let them spend the night inside rather than send them out into the rain.
ADAPT (497)
This is a continuation of the story on ADAPT 498. The full text appears on 498.
ADAPT (499)
[Headline] Handicapped Demonstrators Block Building [Subheading] Dozens Of Disabled Protest Poor Transportation Access Alma Hill and Sandra McIntosh, Staff Writers 9-25-89 PHOTO (by Dianne Laakso/Staff): Paulette Patterson, lying in her manual wheelchair in a red top, yells and holds a power fist in the air while 4 police men push her down the street. The group is isolated alone in the middle of the empty street. Wooden red and white police barricades line the street on the left side and along the bottom of the picture, and behind them a mass of ADAPT protesters look on. Caption: A protester in a wheelchair is moved back behind a barricade Sunday at the Atlanta Hilton Hotel, where the the American Public Transit Association was meeting. About 100 demonstrators called for more accessible public transportation. **************** Dozens of disabled people blocked access to the Richard B. Russell Federal Building today by parking their wheelchairs in front of revolving doorways to protest the lack of handicapped accessibility on public transportation. The protesters converged on the federal building to demand that Secretary of Transportation Samuel Skinner sign an executive order requiring any bus purchased with federal dollars to have wheelchair lifts. They also want the Air Carrier Accessibility Act of 1986 implemented. The act requires equal access in airports for disabled people. The protest coincided with Mr. Skinner's appearance in Atlanta as part of the American Public Transportation Association's (APTA) convention. The association has said local governments should be given the option of purchasing wheelchair lifts on buses, but the demonstrators want them mandated by federal law. “We're here and we aren’t going to leave until Sam Skinner signs the executive order," said\.Diane Coleman of Nashville. Ms. Coleman. who has been using a wheelchair since she was 11, said her disability is not the problem. “The problem . .. is discrimination,“ she said. “And behind that, the barrier is attitudes. We've been discriminated against for too long. and we‘re not going to sit for it any longer." The demonstrators forced scores of employees and people doing business at the federal building to exit from the basement. if they wanted to leave. All main level entrances to the building were blocked. After some people stepped over wheelchairs to get out, protesters lined their wheelchairs two and three deep to prevent people from walking over them. But some onlookers sympathized with the protesters. “I think these people have every right in the world to be concerned about their ability to gain access to public facilities. If it means I am temporarily inconvenienced, that's OK with me," said Edward Katze, a lawyer. The demonstrators vowed to hold their positions until Mr. Skinner comes to the federal building and suffered a spinal cord injury 17 years ago, and others blocked revolving doors by attaching chains and iron bicycle locks around their necks and locking them to door handles. a tactic used to prevent security from simply lilting protesters out of their wheelchairs to clear the doorways. At one point Monday afternoon, Mr. Auberger, 35, said, “They‘ll have to carry everybody out or arrest them." At 6 p.m., Atlanta police and officers from the General Services Administration, who provide security for the building, ordered the protesters to leave and began carrying them outside. The guards used large bolt cutters to sever the chains holding some demonstrators to the doors. At about 8 p.m., as guards were removing the last of the demonstrators, Gary C. Cason, regional administrator of the General Services Administration, told police and maintenance workers to allow the protesters back into the building. “The decision is to let them stay in the building because of the president's deep commitment to the handicapped and their right to protest," Mr. Cason said. Mr. Cason said Mr. Bush also said he was concerned about the protesters sitting outside in the chilly overnight temperatures and rainy mist. Maintenance crews appeared a half-hour later with blankets. and cots were promised. Mr. Cason said the protesters would be restricted to the lobby floor and would have access to the restrooms. Protest organizers credit White House counsel C. Boyden Gray for Mr. Bush's action. Mr. Auberger said they contacted Mr. Gray, who took their case to Mr. Bush. The president then called the head of the GSA, Richard G. Austin, in Washington, telling him to allow the demonstrators back inside. Mr. Auberger said the group planned to stay in the building overnight and would block the entrances again at noon if the Transportation Department does not order changes in transit-access rules. “At noon the administration has to decide whether or not they are going to arrest us, or we're closing the building do\vn again," he said shortly before 11 p.m., as the protesters ate Chinese food they had ordered and made themselves comfortable in the hallway on the Spring Street side of the building. The protest forced most visitors to the building Monday to use a basement entrance adjacent to an underground parking lot. The demonstration was the second in as many days held by ADAPT, a nationwide organization. The event was held in Atlanta to coincide with the annual conference of the American Public Transit Association (APTA), meeting this week in Atlanta, and to attract the attention of U.S. Transportation Secretary Samuel K. Skinner, who spoke to APTA Monday morning. APTA opposes legislation pending in Congress — that ADAPT supports — called the Americans With Disabilities Act. The proposal would remove barriers in public transportation by requiring public transit authorities to have wheelchair lifts on any new buses purchased 30 days after the measure was enacted. APTA officials say they oppose that portion of the measure because it would cut into limited federal funds. While Mr. Skinner has said he supports the bill, ADAPT wants him to issue an executive order so the stipulation can take effect immediately prior to congressional action. Protesters demanded to talk with Mr. Skinner while he was in Atlanta, but Mr. Skinner departed for St. Croix without meeting with them. Robert Marx. a spokesman for Mr. Skinner, said the secretary does not have the authority to issue such an order, only the president.
ADAPT (504)
Court Says Yes Again Bush agrees to back lifts, allows ADAPT to occupy federal building [This is part 2 of the story that starts on ADAPT 508, the full text of the story appears on 508]
ADAPT (515)
Photo (by John Spink/Staff): Close up of a manual sports wheelchair's wheels. Person in chair is only partially shown holding the push rim. On the spoke guard of the back wheel are 4 bumper stickers that form a square around the hub: 2 read Proud and disAbled, one partially obscured sticker reads I (heart) Park Mill and the 4th one is unreadable. A second manual wheelchair is just visible behind the first one and the legs of someone standing behind that second chair. Caption: A disabled protester uses wheelchair stickers to make a point during Wednesday’s demonstration at the Greyhound bus station. 9/98 [Headline] Demonstrators Get Suspended Fines by Alma E. Hill, Staff Writer Twenty disabled protesters pleaded no contest Thursday in Atlanta Municipal Court to disorderly conduct charges growing out of a demonstration at the Greyhound bus station that blocked buses for almost five hours. Each of the protesters received a $75 fine that was suspended by Chief Judge Andrew Mickle in a plea bargain agreement. State criminal trespass charges filed against six other protesters were dismissed. A hearing on two aggravated assault charges against another demonstrator was rescheduled for early January, Judge Mickle said. The court session marked the end of three days of demonstrations by more than 100 ADAPT activists to protest the lack of wheelchair lifts on public buses and private intercity carriers. Although the group did not succeed in its initial demands to obtain an executive order from U.S. Transportation Secretary Samuel K. Skinner requiring all new buses purchased with federal dollars to have lifts, ADAPT leaders were claiming a victory. The demonstrators obtained promises from transit and federal transportation officials to meet with them. Also, they are counting on federal transit officials to discourage transit operators from making hurried purchases of buses without lifts before federal law mandates the devices.
ADAPT (560)
U.S. to mandate bus service for disabled By The Associated Press WASHINGTON — The government announced plans yesterday to require that all federally aided bus systems buy only vehicles that are accessible to the disabled and provide special door-to-door transit for those who can’t make it to bus stops. Requiring both access and special services for all systems is expected to “increase significantly the amount and quality of service available to persons with disabilities,” said a Transportation Department announcement. In Denver, all buses owned by the Regional Transportation District are equipped with wheelchair lifts, and the district also provides a door-to-door service for handicapped riders. Groups representing the handicapped praised the Washington announcement and a transit industry spokesman said bus companies are prepared for it. The proposed rule, expected to become final in September after a period for public comment, would match some of the requirements of legislation pending in Congress and meet the key transportation demands of disabled-rights activists. More than 150 people were arrested in two incidents last week during demonstrations in Washington for the Americans With Disabilities Act. “The Bush administration is committed to policies that will ensure that people with disabilities have the opportunities available to other persons to use our mass transit system,” said Transportation Secretary Samuel Skinner. Announcement of the proposed rule met the requirements of a Philadelphia federal court order that required the department to examine and change existing regulations but did not mandate what the changes should be. The order came in a suit by more than a dozen groups representing the handicapped.
ADAPT (621)
PHOTO (by DIANNE LAAKSO/Staff): A tall African American man dressed in a casual clothes and carrying a baby in his left arm is extending his right leg forward to step over two people in wheelchairs who are attempting to block a glass doorway which is open. The man and the child have calm expressions and are looking down. The man holds the arm of one of the people in wheelchairs who is facing away from the camera. This person has a bumper-sticker on their battery box that reads "End USA Apartheid" and this person has both arms bent at the elbows and raised and is dressed in a warm jacket over a hoodie. To this person's left is a woman (Christine Coughlin) sitting with her wheelchair facing the first wheelchair so her feet touch the other chair's wheel. Both protesters look somewhat tense and rigid. On the back wall of the lobby is a abstract mural. Caption reads: Members of ADAPT (American Disabled for Accessible Public Transportation block the doors of the Richard B. Russell Federal Building this morning as they protest lack of accessibility on public transportation. The protesters want Secretary of Transportation Samuel Skinner to sign an executive order requiring any bus purchased with federal money to have wheelchair lifts. [Headline] Handicapped Protesters Block Russell Building In Demonstration Over Transportation Access From Page Al [we do not have the first part of this article. Also, the bottom of this page is torn so parts of the 6th paragraph and last 2 paragraphs are missing.] agrees to their demands. Sen. Sam Nunn‘s office, which is located in the federal building, was asked to relay a message to Mr. Skinner, who was at the Atlanta Hilton Hotel, that his presence was wanted. In the meantime, protesters, using bullhorns and their strongest voices, shouted “What do we want? We want Skinner!" This morning a protest followed a demonstration Sunday in front of the Hilton Hotel as the convention started, Stephanie Thomas, a spokeswoman for the group ADAPT (American Disabled for Accessible Public Transportation), said the protesters were angry over the transit group's continued opposition to federal legislation that would prohibit discrimination against people with disabilities. The protest was timed to coincide with the opening of the convention of APTA, a trade group representing a majority of public transit systems in North America. The bill, known as the Amer[icans] with Disabilities Act, would [make it] illegal to discriminate against disabled people in employment and places of public accommodations, would assure those with speech or hearing impairments of special equipment allowing them to communicate with anyone and would remove barriers in transportation. It is the latter part that upsets the members of APTA. “We assume it will become law, and if it does we'll implement it," said Albert Engelken, APTA‘s deputy executive director. “But that doesn't mean we have to be happy about it." Mr. Engelken said he does not want to sound cold-hearted, but with shrinking federal transportation funds it sometimes does not make sense to use those funds to install seldom-used wheelchair lifts on buses. “We're not harsh people, but our job is to offer the most people the most mobility for the best possible price," Mr. Engelken said. Ms. Thomas said her group does not expect the transit systems to refit all their buses immediately. nor make all the train stations immediately available to the disabled, ' “We realize it's a longtime goal, and we're willing to wait. We know the costs involved," Ms. Thomas said as other members crowded around. "All we're asking for is a commitment that they‘re willing to do these things, and they won't give us that." The Sunday protest, which closed part of Courtland Street, lasted about four hours and was watched by nearly as many police officers as there were pro[testers.] Police Maj. W.W. Holley [... ar]rests were made. ADAPT member [...] to hold Sunday [...] Holley said n[...] issued. The gr[...] protests in oth[er...] years. TEXT BOX INSERTED IN MIDDLE OF ARTICLE reads: The Americans With Disabilities Act would make it illegal to discriminate against disabled people in employment and places of public accommodations and remove barriers in transportation.