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ADAPT (266)
THE HANDICAPPED COLORADAN Vol.9, No. 5 Boulder Colorado December 1986 [This article continues in ADAPT 259, but the entire text is included here for easier reading.] PHOTO by Melanie Stengel, courtesy of UPI: A large heavy set man with no legs (Jerry Eubanks) sits in his manual wheelchair in front of a city bus. He has a determined and frustrated look on his face. Behind him and up against the front of the bus you can see another protester in a wheelchair (Greg Buchanan). On either side of Jerry is a uniformed officer, apparently unsure of how to proceed. One stands with his hand on this hip, the other officer is on Jerry's other side and is looking toward the first policeman, as if for guidance. caption reads: ARRESTING DISABLED PROTESTORS poses some unusual problems for police as these perplexed officers found out during the ADAPT Detroit demonstrations. Title: Doing hardtime in Cincy During the demonstrations at the regional convention of the American Public Transit Association (APTA) in Cincinnati this May 17 protestors were arrested. Three of them, George Cooper of Dallas, Mike Auberger of Denver, and Bob Kafka of Austin, were sentenced to 10 days in jail. Wade Blank, founder of the American Disabled for Accessible Public Transit (ADAPT), said it was the first time in the history of the movement that any disabled persons had done “hard time. ” The following is Kafka's own account of that hard time. The article is reprinted from Incitement, Vol. 2, No. 3, a newspaper published by the Texas ADAPT chapters. By BOB KAFKA Wednesday, May 21, 1986 4:30 p.m.— One by one they haul us off, seventeen in all. We go through the usual procedures: giving name, address, next of kin, all our property, a list of our medications. We sign the papers, are fingerprinted and photographed. We go into the detention center for hours of waiting while the powers that be decide what to do with us. Handicapism raises its ugly head again as judge Albanese releases six ADAPT members on their own recognizance. His reason: medical problems. The real reason: he can't understand those with CP and Frank, the one blind man, freaks him out. We become the Cincinnati Eleven. 8 p.m.—Mike Montgomery, the “head keeper" at the Hamilton County, jail, has a dilemma: eleven people in wheelchairs and not one empty bed in the infirmary. Where to put us? The decision had obviously been made to keep us together and apart from the rest of the prison population. They convert a training classroom into what looks like a hospital ward without windows. Eleven WWII hospital beds are hauled in. Two guards are stationed with us at all times and, for some reason, three from 11 p.m. to 7 a.m. The accessible bathroom is down the hall. At first we are guarded each time we go to empty our leg bags; soon they realize we are not going to try the “great escape." The starkness of our surroundings is stifling: ugly green concrete block walls, gray tiled floors, buzzing fluorescent lights, and two clocks on the walls always counting time and exactly how long we have been in jail. Thursday, May 22 6 a.m.- The room is quiet. Without windows the difference between night and day can only be separated by the morning eggs and the changing of the shifts. We are a curiosity to our keepers. Faces peer in the doorway all morning to look at "the handicaps." ll a.m.— The doctor and nurse arrive to evaluate our "conditions," We again list our medications and the daily supplies we need. Two bladder infections, two decubitus ulcers, one strained back, and many who need assistance dressing, showering and toileting. They leave saying everything will be taken care of. (This is not to be.) 3 p.m.- The social work staff arrive. They are here to make sure we are treated OK, we have access to the library, gym and telephone, and to take care of any crises. (Again, this is not to be.) 4:30 p.m.- Joni Wilkens, our attorney, comes to discuss how we will handle our cases. We decide to stay together and not plea bargain. 6 pm.- It is obvious by now that we are not going to get our proper medication. Substitutes for drugs they don't have don't work. Those needing Valium are told it can't be dispensed in a jail setting. George again asked, to no avail, for his raised toilet seat and "booties" to protect his feet from sores. Mike asked about his bowel program. The nurse and guards give us only blank looks. 10 p.m.—Lights out. The guards assist those who need it. By the time we leave many of them will make pretty good attendants. Friday, May 23 6 a.m.-Lonnie went to the hospital late last night. His decubitus started to bleed and they rushed him over around l a.m. He came back around 3 a.m. and remained in bed all day. 12 p.m.- Boredom is starting to set in. George is rolling back and forth in the halls. Bill is constantly talking, which helps to keep us awake during the day. We fill out commissary forms, but as Joe predicts, we never see the items ordered. Lunch arrives, Mike has the guard melt his spoon so he can feed himself. He makes them do it each meal. George R. again devours his food. E.T. is lying in bed shivering from his bladder infection. 2 p.m.- Joni arrives with her partner, after a long session with the Cincinnati judicial system. The judge and D.A. will accept a plea of disorderly conduct and a fine of $60 (2 days already served) for the eight who were charged with disorderly conduct. They would go free. Lonnie's charge of resisting arrest would be dropped, but there are no guarantees for Mike, George and me. 4 p.m.- The eight are released, Mike, George and I receive 1O days, with credit for two served. Eight days to go. 9 p.m.- The room seems empty without the other eight ADAPT members. The guards kid about us being the hardened criminals. George continues to ask for his raised toilet seat, I for my correct medication and Mike about assistance with his bowel program. Again-no response. Saturday, May 24 7 a.m.-The library, gym, and telephone are not available on weekends and holidays. Monday is Memorial Day. We realize we will not have access to these amenities until Tuesday. Very much like a hospital stay. We also realize our medical needs will not be met; however, we continue our demands that something be done so Mike and George can get the help they need with their bowel program. Security continues to relay this to the medical staff. Medical staff continues to say it is security’s responsibility. This double think has been going on four days now, with no assistance given so far. 2 p.m.— George is beginning to have adverse effects from Valium withdrawal. Mike is having more and worse spasms because the substitute medications are not working. I have no idea if the substitute antibiotic is doing any good at all. Sunday, May 25 4 p.m.-The day passes as usual. Up at 6 a.m. with breakfast of cold eggs and boiled water that had looked at a coffee bean. After lunch our daily request for medication, supplies, and bowel program assistance is duly noted in the guard’s record book, but as usual no action. Joni and Art Wademan, a minister who has been invaluable throughout the week in Cincinnati, came about 2:30 p.m. We share our concern that if we don't get some assistance one or all of us might get very ill. They go to the supervisor and suggest that if medical is not going to act, then we should be transported to a hospital. Going to a hospital for a bowel program might seem extreme, but after five days, impaction is a real possibility. To our amazement, Mike is taken down to medical and then to the hospital. A raised toilet seat is borrowed from Good Samaritan Hospital. We are finally allowed to take our medications which are brought in from the outside. Monday, May 26 Memorial Day — a quiet day, a day for reflection. If non-disabled prisoners were prevented from relieving themselves for five days, it would be considered torture. Equality is as much a farce in jail as it is out of jail, maybe more so. Cincinnati's judicial and penal systems obviously feel it is fine to use a person's disability as a means of punishing that person. Documented omissions which place disabled people in potentially life-threatening situations don't raise an eyebrow, even from the defenders of justice or the media. Reports that the jail is well-equipped to handle our needs but that we will simply be “less than comfortable" go unchallenged. The fact that we have two people who care, who spend some time and resolve our problem, only highlights the injustice to those who do not have a Joni or an Art and must suffer because of ignorance of the needs of disabled persons. Tuesday, May 27 11:30 a.m.—-The court is two blocks from the jail. They usually transport the prisoners to the court by van for security reasons. We present a problem, since the van is inaccessible. They look to a supervisor, and after a half hour the answer comes down. Let the prisoners roll to the courthouse with a deputy sheriff guarding each of us. Babs, Tisha, Reverend McCracken, Art and Vivian (friends and family) are waiting in the hall. The guards hurry us into the courtroom. The media is out in force. As we wait, we wonder what the D.A. will do. Joni enters the room and her face is blank. Rubenstein, the D.A., is his usual arrogant self. Joni states that the six days served are both punishment and deterrent. Rubenstein surprisingly agrees, but asks the court to get our statement. Had we learned our lessons? He wants us to grandstand for the cameras and to get the judge mad at us again. Instead, we suppress the urge to yell "WE WILL RlDE" and simply state we will be returning to our homes and work. Cincinnati will be only a memory. Judge Sundeman accepts the motion to mitigate. We are free. 2 p.m.—We are sitting in Skyline Chili, a local restaurant, and talking over the last six days. Needless to say much of the talk is also about Detroit, October 5-9, our next battle with APTA. Spending six days in jail makes one think about commitment. Detroit will take commitment from us all, but . . . WE WILL RIDE! PHOTO 1: A close up of a man (Mike Auberger) with shoulder length dark hair and a short beard and mustache. He is wearing a light color sweater and shirt with a collar, and the chest strap from his wheelchair is visible. He looks very serious. Caption reads: MIKE AUBERGER Back in the slammer again. PHOTO 2: At least 4 policemen standing around a manual wheelchair in which someone (Bob Kafka) is being bent forward and something weird is happening with a pole (the picture is dark and hard to make out.) Caption reads: THE AUTHOR being arrested in L.A.
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The Cincinnati Enquirer Monday, May 19, 1986 Comment/A-7 PHOTO by Jim Callaway/The Cincinnati Enquirer: Three protesters in wheelchairs form a diagonal line across the picture. On the right in the foreground a heavy set man (Jerry Eubanks) sits in his manual wheelchair, a cab of soda in his right hand. He is a double amputee below the hips, and is wearing a look of concentration, and appears to be chanting. His right hand is resting on the back of a motorized wheelchair to his right. In that chair is a slim man (Greg Buchanan) who is wearing a very large sign across his legs that reads "A Part of NOT Apartheid." (The message is a bit obscured by the curve of the sign around his legs.) He is also wearing a light colored ADAPT T-shirt. To Greg's right and a bit further away and behind is a third man in a chair, a slim man with dark hair and a beard (John Short). He also has a sign on his legs but the quality of the picture makes it unreadable. Caption reads: Members of ADAPT picket in front ol the Westin Hotel Sunday afternoon. Gary Eubanks of Chicago, right, Greg Buchanan of Colorado Springs and John Short of Denver were among them. Title: Protesters converge on city Disabled demand full access to public transportation BY KAREN ROEBUCK The Cincinnati Enquirer Former Cincinnatian Mike Auberger said he left the city because of its lack of accessibility to the handicapped and because "the mentality toward people with disabilities is really 19th century at best." Auberger, who now lives in Denver, is one of about 75 members of ADAPT (American Disabled for Accessible Public Transit) in Cincinnati Sunday through Wednesday demanding full accessibility to public transportation systems for the handicapped. But the approximately 50 members of ADAPT demonstrating in front of the Westin Hotel, where the American Public Transit Association (APTA) is holding its regional convention, were denied access to the hotel Sunday. "The only people they're stopping are people in a wheelchair; that's blatantly discriminatory," said Bob Kafka, of Austin, Texas and ADAPT community organizer. Cincinnati Police Capt. Dale Menkhaus, Operational Support, said public easements can be barricaded to any group that might disrupt the hotel, which is private property. ADAPT members publicly stated they would try to disrupt the conference and have attempted to do so at other APTA conferences, police and Westin officials said. The hotel's first priority is to its guests, in this case the APTA, said Larry Alexander, general manager of the Westin. The ADAPT group blocked entrances and exits to the hotel for a short time Sunday, and rode their wheelchairs in downtown streets, somewhat disrupting traffic to the Reds-Pirates game, Menkhaus said, but did not cause any major problems. Armed with signs, T-shirts and badges, the group chanted slogans expressing their desire to ride public transportation systems. Some of the signs read, "Buses won't roll without us," and "We have a dream. . . We will ride." Kafka said ADAPT members will most likely try to stop some Queen City Metro buses. In other cities, members have sometimes chained themselves to the vehicles. Murray Bond, assistant general manager of Queen City Metro, said if ADAPT members try to stop the buses, the drivers will put the vehicles into park and let the police move the demonstrators. Menkhaus said ADAPT members will be arrested if they break the law. Despite the barricades, ADAPT members also will try to get into the convention, Kafka said, to get a resolution requiring full accessibility for the handicapped onto the convention floor. Albert Engelken, deputy executive director of APTA, said the executive committee and board of directors have discussed voting on such a resolution, but decided that decision should be made at the local level. Every system in the country has some way of transporting the handicapped, he said, which was decided upon with the advice of local agencies for the handicapped. About 30% of the systems nationwide are fully accessible, he said. Queen City Metro has an access program which will pick up handicapped people at their homes and take them where they need to go in Cincinnati, Elmwood Place, St. Bernard and Norwood, Bond said. "We understand their goals of total accessibility. It's certainly a laudable one, but also a very expensive one." The customer pays 60 cents for a ride, but it costs Queen City Metro about $10, he said. A ride must be scheduled 24 hours in advance under the Queen City's rules, but space is not always available, said Dixie Harmon, co-chairperson of the Specialized Transportation Advisory Committee to Queen City Metro and a member of Greater Cincinnati Coalition of Persons with Disabilities. "They dictate our lives to us, because we have to go and come as there's space available," she said. Kafka said ADAPT does not expect public systems to make all their buses wheelchair accessible, only all new buses. In about 20 years, the entire system could then be used by the handicapped, he estimated, pointing out that Queen City now owns 87 buses with wheelchair lifts, but the lifts have been locked down. Bond said those buses were bought with federal money at a time when wheelchair accessibility was required for any purchased with federal funds, and would be too costly to operate. The Greater Cincinnati coalition supports the goals of ADAPT, Harmon said, but chooses to negotiate for changes instead of demonstration.
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MAinstream magazine [No date] [This story continues in ADAPT 222, but is contained here in its entirety for reading ease.] [Headline] ADAPT takes the fast lane to make transit accessible By Michael Ervin San Antonio—The first indication that something was about to happen came when an oversized, stretch-limo of a van pulled up beside the Alamo and a wheelchair lift uncurled out of the back door. The colorful banner on the side of the van read: ACCESS FOR ALL. Six more people in wheelchairs were in another van parked in a lot down the street. As they proceeded down the sidewalk to join the demonstration in front of the Alamo the pedestrians stopped and looked them over. A parade of people in wheelchairs is bound to draw stares. But the expressions accompanying these stares were unique—welcoming, supportive, somewhat star struck. Maybe they knew they were coming. Before the 50 or so members of various chapters of American Disabled for Accessible Public Transit even arrived here there were stories in the media about previous ADAPT confrontations with the American Public Transit Association (APTA.) Television news showed footage of the mass arrests that occurred last October in Washington, D.C. when ADAPT members tried to force their way into the center where APTA was holding its annual convention. That's the kind of escalating media coverage Wade Blank likes to see. He’s the main force behind ADAPT. “We're becoming famous. When we had our first ADAPT meeting in Denver in 1982, our goal was to make the officials of any city we were coming to nervous. We wanted them to say, ‘No! Not here! We don’t want ‘em!’” They were certainly nervous in San Antonio. When a horde of people in wheelchairs showed up at the offices of the local transit authority for a noisy demonstration, the employees locked themselves in a large office as if they were afraid ADAPT was going to take them out one by one and shoot them. And when the march that began at the Alamo turned into an equally raucous occupation of the lobby of the posh hotel where APTA people were staying, hotel security had no idea what to do. And the bewildered looks of the innocent tourists were amusing. They’d certainly never seen anything like that before. “Seeing a bunch of disabled crazies blocking buses and doing things like that redefines everything everybody’s been conditioned to believe about the disabled," Blank says. This radical redefinition of what the disabled are (in the eyes of both the disabled and nondisabled) is what ADAPT is all about. And having stuffy APTA conferences and conventions as a backdrop helps make that point. APTA’s primary sin, according to ADAPT, is that it spent big bucks on a lawsuit that struck down the federal mandate that all fixed-route public buses be lift-equipped. ADAPT sees equal transit access as the most basic civil right. “It's the same segregation as when blacks had to sit in the back of the bus or yield their seats to whites. Except it’s even worse,” says Blank. “The disabled can’t even get on the bus.” By using APTA as a symbol of the stifling paternalism that keeps the disabled in a position of dependency, ADAPT makes the immorality of inaccessible public transit quite clear. *** Wade Blank is an ordained minister who never goes to church. “It’s in the true Jesus tradition. He was kicked out of the synagogue and never went back.” Blank worked in a nursing home for a few years after seminary. It frustrated him to see the disabled friends he made there stuck there simply because they had no place else to go. So in 1976 he and some others began Atlantis, an independent living center in Denver. ADAPT was born of Atlantis. Blank says Atlantis likes to “do the impossible” in terms of working with clients who have the deepest holes of dependency to dig out of. Frank, a man with cerebral palsy who was part of the ADAPT Denver caravan to San Antonio, was sprung by Atlantis in 1976 from a nursing home he had been in since 1934. Another woman began feeding herself for the first time when she became part of Atlantis. She was always physically able to. Her mother just didn't want her making a mess. Another woman had never seen a head of lettuce. Her salads had always come to her prepared. It’s rather stunning seeing people who were mired in the world of please and thank you traveling around the country, blocking buses and maybe getting arrested. It’s gotten ADAPT and Atlantis in trouble with irate relatives. The father of a woman arrested for blocking buses in Denver told Wade that since he was a reverend he must be brainwashing his daughter into joining his cult, just like Jim Jones. He said he was going to tell the newspapers so they could investigate. But Blank says, “All we’re saying to people in Atlantis and ADAPT is, ‘You are an important person.’ I just tell them (the irate relatives) that people get excited when they see that they are important and that they are expected to be somebody.” In 1978, it became clear that the mission of Atlantis could never be fully accomplished as long as Denver’s public transit system was totally inaccessible. What good was it to set someone up in an accessible apartment if they couldn’t move beyond it? They might as well have still been in the nursing home. So the Atlantis people took to the streets of Denver. They blocked buses. They held sit-ins in the transit authority offices. They got arrested. But four years later, they won and Denver is on its way to full access. [Bordered text box in center of page: “We created a drama and let it unfold . . .I guess we raised consciousness.”] The next year, APTA made the mistake of holding its convention in Denver. The target was too tempting for Atlantis to resist. Here was the personification of everything Atlantis opposed right on its step and begging to be hit. Atlantis formed a permanent transportation component call ADAPT. They organized confrontations around the convention and vowed to follow APTA everywhere until it passed ADAPT ’s resolution renouncing the lawsuit and the damage it did. These confrontations would also provide a focal point and a training ground for activists from other cities so they could form their own ADAPT chapters. Mike Auberger of Atlantis is a quadriplegic resulting from a bobsled accident during the 1972 Olympic time trials. “When we started ADAPT, we were a bunch of crazy nuts. A year later, we were a possibility. Now, we’re a reality. We started in one city and here we are about 20 cities. We must be selling something everybody needs.” The hope is that the feeling of self-importance that inspired the disabled of Denver will be as infectious in San Antonio and in cities all over America. ADAPT paved the way in San Antonio by creating a three-day headache for the police and transit authority and forcing them to take the issue very seriously. They also permanently etched the issue on the minds of the people of San Antonio with pictures on the front page of the newspaper of disabled people blocking APTA tour buses. “We created a drama and let it unfold,” Blank says. “I was talking to a reporter and I said, ‘I guess we raised consciousness.’ She said, ‘Boy did you! That’s all this town is talking about.’ ” “Now you can’t say that about too many political movements today.” But even if it doesn’t play in San Antonio, Auberger sees what happened there as another battle won. “Again we took on APTA and beat them. You’ve got this guy in a $300 suit and a designer tie with his initials and a soup stain on it. More and more people are starting to see APTA that way.” If success can be judged by police reaction, ADAPT is accomplishing a lot. Knowing ADAPT ’s penchant for blocking buses, the police routed buses away from areas with high ratios of wheelchair-users. They obviously did their homework by talking to police in other cities who had to deal with ADAPT. A television news report even told of how San Antonio police intelligence photographers were following ADAPT members around. And it’s clear that transit authorities are taking ADAPT very seriously too. The next target is Los Angeles, where APTA will hold its convention in October. ADAPT has obtained a copy of a private memo of the Southern California Rapid Transit District that speaks of the authority’s plans to spend $10,000 to $15,000 to “handle vast numbers of wheelchair bound people” who will be coming to town. “While confrontations cannot be stopped, they can be blunted.” It speaks of how the RTD is “searching for ways to diffuse or ward off demonstrations,” perhaps by pacifying everyone for a few days with a conference on accessible transit [ibid]. “Can we take control by creating a hospitality center for the handicapped?” the memo says. Who can resist such an opportunity. ADAPT is on its way.
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Rocky Mountain News 5-18-84 PHOTO (ROCKY MOUNTAIN NEWS STAFF PHOTO BY DAVID CORNWELL): A large meeting room in a business or hotel type setting. In the foreground a tough looking protester in a wheelchair holds a sign in front of him and looks sideways at the camera. Behind him more protesters in wheelchairs and men in suits stand around not looking at each other. Behind them is a table with 5 other people in wheelchairs sitting at it. Caption reads: Protesters meet with McDonald's representatives, standing from left, Joe Hill, Don Fowler and Dennis Morris. [Headline] McDonald’s officials, disabled to confer by Arnold Levinson, Rocky Mountain News Staff Writer A group of people who have threatened to block selected McDonald's restaurants around the country will meet with the company’s national executives to demand that the chain improve access for handicapped customers. The agreement to hold higher-level discussions was reached Monday in a wheelchair-packed room of the Denver Holiday lnn, where two dozen disabled people bargained for several hours with regional officials of the fast-food company. Both sides said afterward that the McDonald's national marketing and construction directors, as well as the vice president for store licensing, would attend the next meeting, which isn't scheduled yet. The outcome of Monday's meeting suggested that McDonald's is taking seriously the demands - and the threats — of ACCESS, a small, loosely knit coalition of handicapped-advocacy groups nationwide. Last week ACCESS members, most in wheelchairs, picketed two McDonald's restaurants in Denver. Led by members of the Atlantis Community, ACCESS vowed to begin a campaign against McDonald’s in several cities unless certain demands were met. “They can stop this thing from spreading today, or they can stonewall us and it will spread,” the Rev. Wade Blank, Atlantis Community leader, said Monday before the meeting. Jim Parker, a 38-year-old quadriplegic from El Paso, Texas, said afterward that ACCESS wants McDonald’s to promise that: * Entranceways,‘bathrooms and seating in all future outlets be “fully accessible" to the disabled. * Handicapped people appear in 10 percent of the company's advertisements. * The company make restaurants handicapped-accessible within a period yet to be agreed upon. McDonald’s regional officials declined comment Monday beyond saying that negotiations will resume within 30 days to address "the issues brought to our attention today." The regional office oversees operations in Colorado, New Mexico, Utah and part of Arizona. The company's national media office failed to respond to a request for information about McDonald's policies toward the handicapped. Behind the decision by ACCESS to target McDonald's are several factors, said Blank, not the least of which is the ripple effect that could occur if an accord is reached with a large, visible symbol of industry. If you can beat the big ones," said Blank, “the others will fall in place.” McDonald’s inaugurated the fast-food industry and leads competitors in the world market. Blank said the move on McDonald’s, which he called “symbolic of free enterprise," also represents a decision to take on the business sector after winning gains, such as bus lifts and curb ramps, from government. He acknowledged that last week's demonstrations were timed to coincide with the presence in Denver of about two dozen disabled people who arrived May 1 to study at the ACCESS Institute. The Atlantis Community uses the institute to teach its methods of advocacy. Alongside these political considerations is criticism of McDonald’s policies toward the handicapped, particularly what Blank called delays in remodeling older stores. “My daughter is in a wheelchair, and I can’t get her to a table," he said of one local McDonald's outlet “The only place she can eat is in the restroom, because it’s accessible."
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The Handicapped Coloradan, October 1984 [Headline] McDonald’s Statement Called “Unacceptable” The response by McDonald’s to demands by wheelchair protestors that the fast food chain improve the accessibility of its restaurants was described as unacceptable by a spokesperson for the Access Institute. Wade Blank said that Access was contacting McDonald’s again and if the company’s response did not improve his organization might well return to the picket lines. Starting in June, Access picketed McDonald’s restaurants in Denver, Colorado Springs, Cheyenne, Wyo., El Paso, Tex., Syracuse, N.Y., and Kansas City, Mo. Demonstrators were arrested in Colorado Springs and at one of the Denver demonstrations. At an Aug. 17 meeting, McDonald’s representatives warned Access that if the protests continued, the fast food chain was prepared to take demonstrators to court. At that meeting, McDonald’s suggested that it would be willing to remodel restaurants owned by the company, but that it did not have the power to order individually owned franchises to follow suit. Company representatives estimated that the retrofitting operation would affect some 2,200 of the more that 7,700 McDonald’s across the country and would cost between $3 and $5 million. At a second meeting a week later, McDonald’s seemed ready to make further concessions and promised to issue a policy statement in September. Blank said he had expected that statement to satisfy many of Access’s demands. Instead, McDonald’s response took the form of a memo from its vice president for national operations to regional managers and vice presidents, outlining the company’s record on accessibility and listing the standards the company suggested its licensees follow. Blank said the memo shows that McDonald’s is “not really serious about what they’re doing.” In fact, he said, Access did not receive a copy of the memo and had to ask McDonald’s for one. Throughout the discussions, McDonald’s has argued that it would not bow to pressure and that the company’s record on accessibility was a good one. The memo, dated Sept. 12, 1984 and written by Tom Glasgow, reaffirmed that position. Glasgow said that since 1979 McDonald’s has been following accessibility guidelines set by the American National Standards Institute (ANSI) for its company-owned (McOpCo) restaurants as well as its licensed operations. “Currently with in excess of 2000 McDonald’s restaurants accessible to wheelchair users, we are the leaders in this area in the quick service restaurant industry and, indeed most probably, in any segment of the food service industry,” Glasgow wrote. Glasgow listed four minimum accessibility standards that were followed by McOpCo owned restaurants. “Parking Spaces-Special parking located as close to the building as possible (striping according to ANSI). In addition, vertical signage making these spaces even more obvious is being installed. “Ramps/Curb Buts—Convenient as possible to special parking (per ANSI specifications). “Table Access—Although table heights at McDonald’s restaurants meet or exceed ANSI standards we need tables which wheelchair users can easily use. Movable seating is preferred. “Rest Rooms- These will be made accessible as remodeling becomes necessary and affordable. Restaurants not currently planning to remodel should make modifications such as installing grab bars and widening stalls to make these facilities more functional for wheelchair users when possible.” However, Glasgow pointed out that since licenses own three out of every four stores system wide, area managers and vice presidents could only recommend that these standards be followed. Table access has been one of the Access Institute’s major goals in their dealings with McDonald’s. Currently, most if not all McDonald’s restaurants use seating that is physically attached to tables, making it impossible for a person in a wheelchair to use a table without blocking the aisle. The Access Institute had also asked that McDonald’s use people with disabilities in at least 10 percent of its ads. That issue was not addressed in the memo. The memo made no mention of the Access Institute or the pickets. Glasgow concluded by saying, “Accessibility has been something we as a corporation have been committed to for years. Our efforts are not new. Our commitment is not new. We expect this commitment will be continually reinforced through action.” However, so far that commitment seems not to have impressed wheelchair users. The executive board of the Colorado Coalition for Persons with Disabilities recently passed a resolution calling upon members of the 50 or so organizations it represents to boycott McDonald’s until the company makes a stronger commitment to accessibility. McDonald’s size and reputation were why the company was singled out by the Access Institute, according to Blank. He said if McDonald’s agreed to their requests then other national chains would follow suit.
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Rocky Mountain News 9/5/81 Denver, CO Handicapped buoyed by judge's ruling By JANE HULSE, News Staff A Denver judge Friday dismissed charges against 20 able-bodied protesters who invaded the Denver mayor's office last spring because 23 other protesters in wheelchairs had not been ticketed. That, said County Judge Edward A. Simons, is reverse discrimination. The unusual ruling by Simons was hailed by the handicapped community as a "significant” victory. The ruling stemmed from a protest May 15 in the office of Mayor William H. McNichols Jr. concerning budget cuts that would affect handicapped residents. The demonstrators were ordered to leave the building at 5 p.m. after McNichols refused to meet with the group about the cuts in the city’s health-care systems budgets. When the group refused to leave, those in wheelchairs were not ticketed, but the able-bodied protesters were charged with interference —- a misdemeanor carrying a maximum penalty of 90 days in jail or a $300 fine. None was taken to jail and booked. The attorney for the protesters, John Holland, argued that his clients were entitled to equal protection under the law and that the law shouldn’t be enforced selectively against one group. “It takes a message to the mayor that he can’t insult the disabled community by ignoring them," said Wade Blank, a spokesman for the disabled. “The disabled are telling me that next time (they meet with McNichols) he will have to treat them differently.” He said the ruling will cause the handicapped people to become even more outspoken and demonstrative about fighting for their rights. Knowing they would be subjected to jail at demonstrations doesn't frighten them, he said, noting that the jail has wheelchair access. Blank said the city’s decision to ticket only those demonstrators who were not in wheelchairs had the effect of making the handicapped feel as if they weren't being recognized as people. “It made them feel like second-class citizens he said. He said the handicapped demonstrators knew they were breaking the law by refusing to leave and “they were willing to pay the price.” According to the ruling, the city decided not to ticket the handicapped for fear that some weren't able to remove themselves from the office or didn’t understand the orders to leave. But Simons noted that “the time and resources were available to make those determinations." The judge also stated, “The fact that none of the disabled persons were charged in spite of their active resistance to leaving renders the city's evidence insufficient to overcome the inescapable conclusion that the defendants have been denied equal protection of the laws.”