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Accueil / Albums / Tags President George HW Bush
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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 (552)
Los Angeles Times Tuesday March 13, 1990 Disabled Persons Rally, Crawl Up Capitol Steps Congress: Scores protest delays in passage of rights legislation. The logjam in the House is expected to break soon. By WILLIAM J. EATON Times Staff Writer WASHINGTON—-Crawling up the Capitol steps to dramatize the barriers confronting them, scores of disabled persons rallied Monday to protest delays in congressional action on a Senate-passed bill to expand their access to jobs, transportation and public services. The legislation, endorsed by President Bush, has broad bipartisan backing but has been moving at glacial speed through four House committees since it was approved overwhelmingly by the Senate last September. “Two centuries is long enough for people with disabilities to wait before the constitutional promise of justice is kept," Justin W. Dart Jr., chairman of the President's Committee on Employment of People with Disabilities, told the rally. “If we have to come back, perhaps we'll simply stay until they pass [the bill]," said I. King Jordan, first deaf president of Gallaudet college for the deaf, hinting at a Capitol Hill camp-in for the disabled. Organizers of the rally said disabled persons from 30 states, including many in wheelchairs, came to demand immediate action on the bill without any weakening amendments. At the close of the rally, when dozens left their wheelchairs to crawl to the Capitol entrance, spectators’ attention focused on 8-year-old Jennifer Keelan of Denver, who propelled herself to the top of the steep stone steps using only her knees and elbows. Nearby, sprawled on her back and inching ahead slowly, was Paulette Patterson, 33, of Chicago. “I want my civil rights," Patterson said. "I want to be treated like a human being." Despite grumbling from rally-goers that the Bush Administration and Democratic leaders were relaxing their efforts on behalf of the measure, key advocates predicted the House log-jam will be broken in the next few weeks. The House Energy and Commerce Committee is expected to approve its part of the legislation today, followed by similar action by the Public Works and Judiciary committees. Final House passage appears likely to occur by May. Ralph Neas, executive director of the Leadership Conference on Civil Rights, said the unusual lobbying effort would provide a "final push" to the legislation, which he forecast would clear the House with no more than 100 votes against it. The demonstration at the West Front of the Capitol had some of the fervor of a civil rights rally of the 1960s as the demonstrators chanted slogans and sang songs to underscore their message to Congress. Rep. Patricia Schroeder (D-Colo.) made the comparison, telling the crowd; “What we did for civil rights in the l960s we forgot to do for people with disabilities." Another member of Congress, Rep. Major R. Owens (D-N.Y.), said there are still threats to passage of the bill from conservative lawmakers and powerful business interests who oppose the legislation's provisions on disabled access to transportation. “All the i’s have been dotted and all the t's have been crossed," Owens said. "There have been enough negotiations-delay is the real enemy." Speaking for the Bush Administration however, Chairman Evan J. Kemp Jr. of the Equal Employment Opportunity Commission denied any lack of enthusiasm by the White House. Kemp, who uses a wheelchair, said: "This Administration is more for the bill today than it was 14 months ago.... We have solidarity. Solidarity made Poland free; It can make us free, too." But James Brady, former press secretary to President Ronald Reagan, expressed impatience with Congress’ rate of progress. “l hope these politicians are awake and listening. If not. we'll be back." said Brady, who was disabled when he was shot in the head during an attempt on Reagan's life. Meantime, Atty. Gen. Dick Thornburgh notified key members of the House that the Administration would seek a change in the Senate passed bill to make clear that disabled persons who are willfully discriminated against would not be entitled to monetary damages. The "clarifying amendment" will be introduced during the House Judiciary Committee's consideration of the bill this month, Thornburgh said, adding; "We will . . . continue to support expeditious passage of the Americans with Disabilities Act with this clarification." PHOTO: Looking down from the higher steps at a person crawling up the steps on their hands and knees. To this person's left side is part of another person climbing by sitting and to the right a pair of legs and shoes of another stair climber. Behind the person in the center, on steps closer to the base of the flight of steps are many more people just beginning the climb and still others standing and sitting at the bottom cheering them on. Part of the ADAPT flag is visible in the crowd. Caption reads: Difficult Climb. Scores of disabled people crawled up the steps of the U.S. Capitol, in a protest over delays in congressional action on a bill to expand their access to jobs, transportation and public services. Many of the demonstrators left their wheelchairs to dramatize the barriers they confront dally, organizers said.
ADAPT (530)
Different TIMES THE NEWSPAPER DEDICATED TO THE PROPOSITION THAT ALL PERSONS ARE CREATED DIFFERENT, BUT EQUAL $125 Vol. IV, No.4 April, 1990 Protesters disable capitol Photo (World Wide Photos): Three protesters in wheelchairs sit in front of the Capitiol building beside the crowd. One sits, back to the camera, Walter Hart faces the camera with a bandanna and dark glasses, and Joe Carle sits sideways. Behind them in the far distance is the dome of the Capitol and directly behind them between the dome and the group is the ADAPT flag (an American flag with the stars arranged in the access symbol.) Caption reads: About 1500 persons of disability rallied for protest outside capitol in Washington, D.C. last month. STORY 1: by Vonne Worth Protest marches last month may influence passage of a strong Americans with Disabilities Act soon. 1500 join in Washington, DC demonstrations to pass ADA in House On March 12, Americans with Disabilities for Accessible Public Transportation (ADAPT) marched from the White House to the Capitol Building, said Mike Auberger, an organizer with ADAPT. About 1500 people from all over the country with many different disabilities took part, he said. At the White House, a spokesperson "reaffirmed President Bush's position that he wanted to see the Senate version of the Americans with Disabilities Act (ADA) passed intact," Auberger said. The ADA is a civil rights act for persons of disability which prohibits discrimination in employment, transportation, public services, public accommodations, and telecommunications. It has passed the Senate and is now in the House of Representatives, where some business interests are lobbying heavily against it. ADAPT was demonstrating to work for passage of the ADA, according to Auberger. After the march to the capitol, several speakers talked to the crowd. They included Rep. Patricia Schroeder (D-Colo.); Rep. Major Owens (D-N.Y.), one of the sponsors of the ADA; Justin Dart, of the Congressional Task Force on Rights and Empowerment of Americans with Disabilities; Jim Brady, former President Reagan's press secretary; Auberger, and others. Then there was a crawl up the steps of the capitol. "The reason for the crawl was to let everybody in the House know that we're not going to let any obstacle stop us from having the ADA passed," Auberger said. “It wasn't to gain sympathy or to gain votes." ADAPT protesters marched to the rotunda the following day, March 13, and took over the rotunda. 104 of them were arrested. March l4, ADAPT demonstrators went to the Sam Rayburn Building. “We took over [Rep.] Bud Schuster's (R-Pa.) office who's the minority chairman of the Transportation Committee," Auberger said. “He's been the one within the Transportation Committee who's tried to add amendments like ‘Cities under 200,000 would not have to lift-equip their vehicles." “Also he was going after inclement weather—if you had too much snow, like we have here in Denver, you wouldn't have to have lift-equipped vehicles even though we already do. We have an average of 60 inches of snow a year," Auberger related. “Most of those amendments were defeated," Auberger added. “At the same time, we met with Hamilton Fish, (R-NY) who is the minority chairman of the Judiciary Committee," Auberger said. The ADA is undergoing constant attempts to weaken the remedy section; however, Fish didn't seem aware of this, according to Auberger. But Fish sat down in his office with about 30 disabled people and "talked with us probably for about a half hour and made a commitment that he would do everything within his position as minority leader of that Committee to see that there isn't any weakening and we were also at the Judiciary Committee Offices and we were working on setting up a meeting with Attorney General Thornburgh because he was the one who had been raising the issue of weakening the remedies section," Auberger said. “They were working on that and they tried to stall so at about seven o'clock, they were closing the capitol, we all refused to leave from Bud Schuster's office and from the Judiciary Committee and there were 60 people arrested in those offices and we got out about one o'clock that night," Auberger related. He said the demonstrations seemed to work. “lt clearly had this real effect on the hill when you went up there." PHOTO (by Tom Olin): Looking from over the shoulders and head of a woman (Cassie James) on the floor sitting between the back of a power wheelchair and a desk, she is holding onto the desk with her left arm and is scrunched in. Over her head on the other side of the room 3 other people people with disabilities out of their wheelchairs (Eric von Schmeterling, Carol Marfisi and Kent Killam) are sitting on the floor. Behind them is a desk and the wall with photos on it, Congressional meomentos. Caption reads: Demonstrators sit in Rep. Bud Schuster’s (R-Pa.) office to protest his sponsorship of amendments that would have substantially weakened ADA sections dealing with transportation. All of a sudden, these representatives knew the ADA was an issue and that disabled people were here and they [the congresspersons] had that look of ‘Are you one of them that are raising all the hell?’ They had a whole different understanding of disability—that you need to see a different side of disabled people, not the side that you want to think of as poor and helpless. They clearly were educated very fast over those two days,” Auberger commented. “Now as a result of that demonstration and one in Philadelphia, the Department of Transportation (DOT) has rewritten the final regs to require all mainline systems to be lift-equipped into the future and to provide paratransit for those people who cannot get to the bus stop. These are new regs that have 90-day comment periods—the transit industry is not going" to oppose them,” he explained. Also, ADA should come to the House for a vote soon. It will be brought the the floor within 60 days and there is a lot of support for the bill, said Charles Siegal, from Speaker Foley’s press secretary’s office. ADA went through the Energy Committee without any amendments and no changes from the Senate version, Auberger indicated. “That happened while we were there and I'm sure that's why it happened that way," he said. STORY 2: by Vonne Worth A protest in Washington, D.C. by a disability group has resulted in the filing of a half-million-dollarlawsuit against the District of Columbia Court System. Americans with Disabilities for Accessible Public Transportation (ADAPT), many in wheelchairs, crawled up the stairs to the nation ’s capitol and took over the rotunda on March 13. They demanded to talk to Speaker of the House Tom Foley (D-Wash.) and Minority Leader of the House Robert Michel (R-Ill.) about passage of the Americans with Disabilities Act (ADA). “He [Foley] was not happy to come to meet with us" said Mike Auberger, organizer with ADAPT. "He didn't seem to have met with a lot of disability groups, he didn't quite know how to respond to that many disabled people and he talked about him pushing and speeding up the process and he tried to explain ‘we don’t understand the legislative process,’ and we said, ‘of course, we do, we're not totally stupid, just disabled.” “And Michel pretty much came out with the same sentiment and we let him know that he and other Republicans could be targets of the demonstration later in the week simply because they put more and more and more weakening amendments into the ADA,” Auberger added. The talk seemed to break down and the Capitol Police were called. “They were continuing to speak, we heard enough and so we were pretty much just chanting at that point ‘ADA now, now less,"' Auberger said. “At the point where we decided people could get arrested, all went to the center of the rotunda and circled there and several of us chained ourselves together with kryptonite locks," Auberger related. Within 15 minutes, 104 people, most of them in wheelchairs, were arrested, Auberger indicated. Then the police couldn’t cut through the locks. “They tried bolt cutters, they tried two different types of bolt cutters, they didn't work, so they had to bring in a hydraulic bolt cutter and it finally did work on the first one, but it broke on the second one, so they finally tried the bolt cutters again and they went through this whole process of getting these 104 people who were chanting in the middle of the rotunda ‘ADA now’ out," Auberger said. “It took about two and a half hours to get everybody out of the building since they only used one elevator which could take only one person at a time," Auberger explained. “At 1:28 Eastern time, they had to close the capitol to the public so that they could ‘get rid of all those rowdy disabled people." “They didn't have lift-equipped vehicles, so they had to lift everybody into vans and it took four or five officers to lift each chair into a van and they drive off with two chairs to a van to the police station, and then it took four or five more officers" to get them off, Auberger said. “They took everybody to police headquarters where they booked everybody and released them the next moming about one o'clock," Auberger related. It took 12 hours for the police to book 104 people. “This was a major process, them getting everybody out there," Auberger said, “lt was just a nightmare for them." The next afternoon, they went to the Sam Rayburn Building and took over offices of the congressmen on the Transportation and Judiciary Committees. About 60 people were arrested that day. The next two days were spent in court, Auberger said. “The majority of people ended up paying $10 in court costs and suspended sentences and that was pretty much it,” Auberger said. “There were five people who were given probation in their own cities from six months to a year just for being, I would suspect, ringleaders," he said. The judge in the case was disabled. “He had an arm that he couldn’t use at all,” Auberger said. Auberger said he felt the judge wasn’t sympathetic to the case. “His position was ‘You write your congressman if you want to change things,”’ Auberger said. “We all did that, clearly. It didn’t do a damn bit of good, but he wasn’t going to hear that. He pretty much gave out fines, four of them were for $100 and ten day suspended sentences and mine was $500 and a 20 day suspended sentence plus I have the longest, a year probation in-my city.” Auberger said it was rare for courts to send probation orders back to one’s home city. “Ironically, what was so incredible was the next day, when we went to file our probation papers, the building we were supposed to file our probation papers in was inaccessible,” Auberger said. “We come back to the courthouse, we talked to our attomey; unfortunately, the judge wasn’t around.” “They [had] put us all on probation and then we couldn’t get into the building to do the probation. Well, then, they told us, ‘Do it out in the hall by the courtroom.’.No. That's unacceptable. If everybody else goes into the building, we should be able to as well.” “So we’ve now filed a half a million dollar lawsuit against the District of Columbia Court System for denying us our civil rights.” About 250 people took part in the action. Copyright 1990, Different TIMES