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Home / Album / Tags protesters
+ Mayor McNichols 3
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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.”
ADAPT (55)
Denver News [Headline] Handicapped protest curbs PHOTO by Steve Groer, News photo: A slim young African American man [George Roberts] in a wheelchair looks down intently as the sledgehammer he is swinging hits the curb. Beside him another man in a wheelchair [Les Hubbard] holds another sledgehammer in left hand, while holding his right arm over his had, in almost a fencing pose. Behind them sits a third man, also in a wheelchair. Caption reads: George Roberts, right, and Les Hubbard swing hammers in effort to level curb at southwest corner of East Colfax Avenue and Colorado Boulevard [Headline] 'Put McNichols in a wheelchair' By Jane Hulse Les Hubbard has been hit by cars four times as he tried to maneuver his wheelchair over impeding curbs to cross Denver streets. Hubbard, a handicapped resident of Atlantis Community lnc., underwent painful back surgery as a result of one such mishap. “That’s why I've got this hammer," he said Monday, just before he took a sledgehammer to a curb at Colorado Boulevard and East Colfax Avenue. He was one of about 50 wheelchair bound Atlantis residents who destroyed the curb to protest the city’s discontinuation of a program to eliminate hindering curbs and replace them with ramps. Hubbard and George Roberts, another Atlantis resident, chipped away at the curb while others in wheelchairs gathered in the street to cheer. “Down with curbs!" chanted the group, as traffic inched its way around the protesters and spectators. Some protesters held signs that read “We demand curb cuts," “Come on Denver, level with us — cut curbs now," and “Make Denver accessible." The curb turned out to be much stronger than the entourage expected. Hubbard and Roberts chipped away at it, leaving a small mound of crumbled concrete in the street. “They build tough curbs," exclaimed Hubbard, sweating in the 90-degree heat. "This is just enough to get the message across to make the sidewalks accessible,“ he said. “I'd like to take (Mayor William) McNichols and put him in a wheelchair for one month. It ain't easy. It looks easy because we're good at it." He said he rolls his wheelchair down a driveway near an intersection, rather than jumping the curb. Then he must maneuver the chair along the street, trying to avoid traffic as he crosses the intersection. The wheelchair-bound men and women began their protest with a single-file, westward march along East Colfax Avenue. They rolled that way for a block, then crossed the busy street and headed back to Colorado Boulevard. Traffic came to a halt. The protest ended peacefully when Denver police arrived, ordered the hammering stopped and ushered the protesters out of the road. The participants had acknowledged in advance that they might be arrested for civil disobedience. No arrests took place. A few years ago, the city undertook to remove impeding curbs and replace them with ramps. Many such ramps were installed around the city, each put in at the request of disabled citizens who found certain curbs a barrier when the went to work or did their shopping, according to Mary Penland, an administrator for Atlantis. “There are no funds for the program this year,” she said, echoing the city's response to recent requests for new ramps. "We want the program re-established," she said. Ed Ellerbrock, chief design engineer for the city's Traffic Engineering Division, said he was surprised by the demonstration. He said he and other city officials met with Atlantis residents last Wednesday about the curb issue and the meeting ended on a friendly note. He said he'd told the residents then that he would request $100,000 in next year's budget to reinstitute the program, he said, he had planned $50,000, but he upped the amount at their insistence. Ellerbrock said the program was discontinued in 1978 because requests for curb ramps had slacked off. He has had 12 requests since then. With each ramp pegged at a cost of $1,500, Ellerbrock said, he has been unable to fulfill the request with money from other departments.
ADAPT (54)
Denver Post, Photo by John Sunderland: Ten people in wheelchairs [including, left to right, George Roberts, Les Hubbard, Bob Conrad and Debbie Tracy?] sit in the street in two rows along a curb. George and Les are hammering the curb with sledgehammers as the others watch. The woman to the far right holds a sign that says "We [unreadable] curb cuts, and has a stick figure picture of a woman in a wheelchair. in the background on the left side you can see part of someone else in a chair with a hammer. Cation reads: George Roberts, left, and Les Hubbard Bludgeon a Curb in Protest. Other members of the Atlantis Community surround them in a demonstration against obstacles to their mobility. [Headline] Atlantis Members Bludgeon Curb in Protest By Bill Scanlon, Special to the Denver Post An 8-inch curb is not much of an obstacle to most pedestrians. But when you are in a wheelchair and you’ve counted 44,000 of them and each one of them is an obstacle to your movement and your freedom, that 8-inch curb can become a symbol of intense frustration. Two handicapped Denverites bludgeoned such a curb with 20-pound sledgehammers Monday afternoon to show their anger at the mayor's office for what they described as a failure to make the sidewalks and streets of Denver safe and accessible to the disabled community. THE DEMONSTRATION at the corner of East Colfax Avenue and Colorado Boulevard was put together by the Atlantis Community, an organization of handicapped people. According to a press release, the group staged the protest to “express our anger and frustration at the 44,000 curbs in Denver which prevent us from using the sidewalks and crossing the streets." A crowd of about 30 people watched and cheered as a like number of handicapped people wheeled their chairs westward down the sidewalk in front of National Jewish Hospital. When they reached a curb that had been cut to provide automobiles access they crossed Colfax Avenue. Then they proceeded eastward along the Colfax Avenue sidewalk until they reached the Conoco service station at the corner. There was a rounded curb there, so the protesters wheeled their chairs across Colfax. They were forced to edge into Colorado Boulevard traffic to go around the concrete median. At the corner they found themselves up against an 8-inch curb, symbolic of thousands of others that had stirred the protest. THERE, LES HUBBARD and George Roberts began wielding their sledgehammers. Amid cheers of “Down with the curbs," they succeeded in inflicting slight damage to the concrete slab. Drivers stopping at the corner traffic light were mostly curious, often supportive, but also a little wary about hitting the wheelchairs. The chairs impeded but did not stop traffic at the busy intersection. During a break from hammering, Hubbard said, “We have the right to go places like anyone else, but we can't. I'd like to put (Mayor Bill) McNichols in a wheelchair tor about a month." Two years ago Atlantis staged a protest against the Regional Transportation District for failing to provide adequate means for disabled people to ride the bus. Bob Conrad, co-administrator of Atlantis, said the group was not protesting RTD this time. By 1982, RTD expects to make its bus system the nation's first that is fully accessible to the physically handicapped. CONRAD SAID the city has been “pretty responsive" in the downtown area to the needs of handicapped people, but it has not responded to particular curb problems elsewhere. He said, “The city only cuts curbs that have been damaged" and added that the city budget no longer provides money for cutting undamaged curbs at particular problem areas. Edward Ellerbrock, a spokesman for Denver's Traffic Engineering Department, said there has been less money budgeted for building wheelchair ramps the past two years only because the demand has been less. He said his department met with Atlantis officials less than a week ago for "some brainstorming." He said both sides agreed that Atlantis would start identifying specific spots where ramps were needed and the Traffic Engineering Department would respond to them within the limits of its budget. Ellerbrock said his department is requesting $100,000 to cut curbs and build wheelchair ramps. He added that there is “no guarantee we're going to get it," so for publicity's sake the protest might have had some merit. CONRAD SAID that for a wheelchair person “one curb is just as bad as a flight of stairs." He said handicapped people usually have to wait in their chairs at an intersection until some people come along to help them up the curb. “Unless you're really trained at doing it he said, “you can dump the person out while trying to lift him." Hubbard said he has been hit four times by automobiles “because of these curbs. Once I had to have back surgery." He said he wanted to hammer the curb “just enough to get the message across." After about a half-hour of hammering, cheering, chanting and impeding of traffic, a Denver police car arrived and the group was told to clear the intersection or the protesters would be ticketed. The group agreed to move, apparently believing the point had been made. Denver Police Sgt. Richard Nelsen later said, "They got the publicity they wanted. They're happy. I'm happy it's all over.