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PHOTO (by Jean Goupil): Protesters lined up along police barricades outside a large building, in the forground two women and a man try to pass a wheelchair over the barricade, and a policeman tries to block them. To the left of this group a man in a wheelchair (Randy Horton?) looks on as Reverend Willie of Chicago talks with another officer over the barricades. Behind them are lines of other protesters and police officers on either side of the barricades. La Presse, Montreal, Lundi 3 Octobre 1988 (In French) A L'ASSAUT DU REINE ELIZABETH Photo: Jean Goupil, La Presse Une centaine de handicapes in fauteuil roulant ont tenet hier de forcer les barrages policiers a l'entree de l'hotel Reine Elizabeth, ou se tient le congres de l'Association americane des transports publics. Bilan de la journee: une trentaine d'arrestations. Les manifestants reclamalent que les autobus soient a mettre d'utiliser les transports en commun. Page A3 La Presse, Montreal, Monday, October 3, 1988 (In French) AT THE ASSAULT OF QUEEN ELIZABETH Photo: Jean Goupil, La Presse A hundred handicapped in wheelchairs yesterday tried to force the police checkpoints at the entrance of the Queen Elizabeth Hotel, where the congress of the American Public Transit Association is being held. Assessment of the day: some thirty arrests. Protesters claim that buses must be put to use transporting all the public. Page A3
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The Phoenix Gazette, Saturday, April 4, 1987 Picture top left by Rick Giase of The Phoenix Gazette: Two police barricades cover most of the view of a city street. Between them a motorcycle police officer sits on his cycle in front of a building. Caption: A Phoenix police officer watchers over barricades that were set up Friday at the Hyatt Regency. Title: Police prepare for wheelchair demonstration By Scott Luck and Scott Craven Phoenix police have set up a command post at the downtown Hyatt Regency to monitor actions of a group of wheelchair activists that plans to protest a convention this weekend. Although the American Public Transit Association convention is not scheduled to begin until Sunday, 20 officers Friday blockaded Monroe Street by the Hyatt. In addition to the officers, two police buses were at the scene, which police spokesman Ken Johnson said would be used, if needed, to take protesters to jail. The protesting group, American Disabled for Accessible Public Transit, plans to picket the convention to demand installation of wheelchair lifts in every bus and transit system that receives federal transportation funds. The group says efforts by the APTA to install equipment for the disabled have been unacceptable. The group has held similar protests in other cities across the country. Members have chained themselves to buses, obstructed bus routes, thrown themselves on to the steps of buses without lifts and generally raised havoc. The conference is scheduled to run until Wednesday. ADAPT organizer Michael Auberger said he is trying to draw 150 people together to participate in demonstrations throughout the week. “I can’t imagine why the police would be there today (Friday), especially in that location,” Auberger said. “I met with the police chief, and I didn’t tell him anything that would lead him to believe we were going to demonstrate today.” Johnson said police chief Ruben Ortega met with Auberger to help minimize any problems that might arise but said Auberger did not outline any plans for his groups protest. “We understand they (ADAPT) have a right to demonstrate just as anybody else would, but were going to make sure the demonstration is done lawfully and peacefully Johnson said.” Past ADAPT demonstrations have led to numerous arrests. “We would rather not make any arrests, but we will if we're forced to,” Johnson said. “This is something between them (ADAPT) and the transit people and we don’t want to be caught in the middle. We must, however, be prepared for the worst.” Picture to the left by Nancy Engebreston of The Phoenix Gazette: A quadriplegic man (Mike Auberger) in a motorized wheelchair sits with his arms hanging by his sides. His hair is pulled tightly back and he has a neat beard. He is wearing an ADAPT T-shirt that is partially obscured by a chest strap on his wheelchair. Caption reads: Wheelchair activist Michael Auberger. The end
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Detroit Free Press 10/6/86 PHOTOs by JONN COLLIER, Free Press PHOTO 1: A large group of posters in a line that almost looks like a pile, are behind a woman in a manual wheelchair being pushed up a curb or slope. Two people are helping her up. One holds a poster which reads "Stop the war against the disabled! [something] Congress". In the crowd behind are other large signs, some unreadable, and a very large one in the middle is partially readable and says "...for the disabled not for war!..." PHOTO 2: People in wheelchairs appear to be fanning out in an intersection with large city buildings in the far background. Between the three people in wheelchairs in the front you can see a line of other folks in wheelchairs across the intersection. Caption reads: Disabled demonstrators move through downtown Detroit, carrying signs and chanting “We will wide," in protest of the lack of wheelchair lifts on the nation's buses and trains. Title: Handicappers protest at transit convention By BOB CAMPBELL, Free Press Staff Writer About 150 militant disabled people, chanting "We will ride" and carrying signs in a procession from Tiger Stadium to the Renaissance Center, Sunday protested the lack of wheelchair lifts on the nation's buses and trains. At least 40 Detroit police officers in scout cars and on motorcycles kept the demonstrators — most of whom were in wheelchairs — on sidewalks along the two-mile route. After a request from Detroit Police Chief William Hart, who cited illegal actions of the protesters in other cities, Detroit's City Council last week withdrew a permit that would have allowed the demonstrators to parade through the streets. At one point, police insisted the protesters go through a puddle instead of using the street. At the Renaissance Center, the end of the procession, about 2,300 conferees were gathering for this week's American Public Transit Association national convention The demonstrators, who are at odds with the association on the accessibility issue, were kept away from the entrance to the Westin Hotel. See DiSABLED, Page 15A Title for part 2: Militant handicappers decry poor bus access Text box insert: Members of the group have been arrested at demonstrations at other transit meetings. DISABLED, from Page 1A HOTEL SECURITY was tight, and visitors had to identity themselves to guards before being admitted. The protesters — members of Americans Disabled for Accessible Public Transportation — say public buses and trains should be equipped with mechanical wheelchair lifts. Members of the group have been arrested at demonstrations at other transit association meetings after chaining themselves to buses and stopping traffic. "In the ’50s, a lot of blacks were on the back of the bus." said Michael Parker of Peoria, ILL. “We still can't get on the bus." Several members of the group told reporters there would be other protests against transit association members. Wheelchair lifts were required on buses briefly in the late l970s. But a transit association lawsuit led to a 1981 U.S. Supreme Court ruling that a federal requirement for lifts on all buses overstepped the intent of equal access legislation. said Jack Gilstrap, executive vice-president of the association. Most local transit agencies provide transportation to handicapped persons using mini-buses in services such as Dial-A-Ride. Gilstrap said. "The vast majority of people in wheelchairs prefer Dial-A-Ride or demand service," he said. “it runs 10-, 15-, 20-1 over lifts on every bus." Gilstrap said it is cheaper to offer special transportation service for wheelchair users than to adapt all public systems to wheelchairs. The subway authority in Washington D.C. spent between $50 million and $60 million to build elevators to allow wheelchair access tor "35 to 40 people a day," he said. MEMBERS OF the handicapper group complain of disparate quality of Dial-A-Ride systems among various cities. and they cite a requirement that rides must be arranged 24 hours in advance. Bill Bolte, 55, of Los Angeles, said: "l was a law-abiding citizen before l realized how oppressive society was getting toward handicapped people. The problem ls. we depress people because of the way we look. They don't want us around." Long-time civil rights activist Rosa Parks canceled her plans to join the ADAPT members, citing tactics that would "embarrass the city‘s guests and cripple the city's present transportation system." said to her assistant, Elaine Steele. Leo Caner, chairman of the 21 member Michigan Commission on Handicapper Concerns, said: "The general public has to be sensitized to handicappers. But getting the people sensitized by getting run over by a bus is not the way to do it." Free Pres: Special Writer Margaret Trimmer contributed In this report.
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Monday Oct. 6, I986 / THE DETROIT NEWS / p.3B City/suburbs/state Title: Transit group averts clash with handicapped Disabled protest at Greenfield Village PHOTO News Photo by Gary Portes: A very large crowd of people in business attire walk away from a building. Most have name tags. Capition reads: APTA members take a hike after being blocked out of Greenfield Village by ADAPT. By Richard Chin, NEWS Staff Writer Using a back entrance to Greenfield Village, a convoy of SEMTA buses filled with delegates to a national transportation convention avoided a confrontation Sunday with about 100 members of a militant disabled-rights group. The buses, under police escort, slipped into Greenfield Village along a service road from a nearby Ford Motor Co. facility. The protesters were waiting in front of the main entrance to Greenfield Village. THE BUSES were en route to a dinner reception for members of the American Public Transit Association (APTA), which met in Detroit over the weekend. The protesters are members of American Disabled for Accessible Public Transportation, which has been trying to disrupt APTA meetings for three years. They demand improved access for the disabled to buses and other public transportation. Sunday‘s protest began with a wheelchair march from Rosa Park Boulevard down Michigan Avenue to the Westin Hotel in the Renaissance Center, where the APTA delegates are staying. The group had planned a wheelchair parade on the street but Detroit City Council rescinded the group's parade permit Sept. 29, fearing the protest would disrupt city transportation. AS THE GROUP wheeled along the sidewalk, up to 15 city police cars worked to keep them from spilling onto the street. Once they arrived at the hotel, the protesters were quickly herded into a barricaded area that kept them from entering the hotel. Group leaders said once they realized they couldn't enter the building or keep the buses carrying the delegates from leaving, they left themselves for Greenfield Village to try to block entrances. However, the SEMTA buses slipped through the back entrance. THE GROUP did manage to turn away several cars carrying late arrivers at the dinner, and after Greenfield Village was closed to the public at 6 p.rn., restricted all but guests at a private wedding from entering. APTA raised the ire of the protesters through what the protesters said were policies discriminatory against the disabled. They said APTA opposes making all buses wheelchair accessible. “l think they're afraid some of the riders don't want tn ride with diaabled people because some diaabled people are not attractive," aaid Jack Warren, 43. of Cincinnati. He said the stance reflects that of many public transportation users. APTA officials could not be reached immediately for comment. Harry A. Cassidy, a bus driver from Capital Area Transit Authority in Lansing, said he understands the protesters' complaints, but said making all buses accessible to the disabled makes it difficult to keep buses on schedule. Michnel Niemann, communications manager for SEMTA, said all that company’s small buses and 70 percent of its large buses are wheelchair accessible. By 1988, he said, all will be wheelchair accessible. TEXT BOX: “I think they’re afraid some of the riders don't want to ride with disabled people because some disabled people are not attractive. " - JACK WARREN SECOND PHOTO by Gary Porter (News Photo): Behind a metal police barricade that extends beyond the edges of the picture, several long rows of protesters, in wheelchairs and standing, are lined up with their backs to the building of the Westin Hotel. Some are hlding signs. Everyone is looking out toward the street. Caption reads: Disabled protesters Members of American Disabled for Accessible Public Transportation, (ADAPT) demonstrate in front of the Westin Hotel on Sunday. ADAPT members are demanding improved access for the disabled on buses and other pubic transportation. Thay attempted to disrupt the meetings of the American Public Transit Association which convened in Detroit last weekend.
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Denver Post Thursday October 11, 1984 Photo by Damian Strohmeyer/Denver Post: In a wide open plaza with almost no one in it, a lone person sits in a motorized wheelchair, back to the camera. In the distance at the other side of the plaza is a city bus, and behind it a group of people stand in a cluster. On the back of the wheelchair there are several bumper stickers, including "Disabled but able to vote", "Bill Armstrong", something with diagonal stripes that is unreadable, and "Build ramps not steps" with a picture of person in a wheelchair doing a wheelie. Caption reads: Lee Jensen at the scene of the ribbon cutting that opened new RTD Broadway station. Eight disabled Denverites protested the opening. Official contends transit funds scarce by Judith Brimberg If metropolitan Denver wants federal help for something like light rail, it must come up with a combined highway-transit plan for improving transportation in the region, the head of the federal Urban Mass Transportation Administration said Wednesday. Even then, administrator Ralph Stanley acknowledged, officials would be better off to rely on local money and public/private partnerships to finance light rail or some other system of mass transit. In Denver for the opening of the turnaround facility at the Civic center shuttle station, Stanley said in the interview that the days of big federal money for such projects are past. Because of tight federal budgets, cities must rely on the income from the 1982 gasoline tax increase for new projects. The 1 cent dedicated to public transit amounts to 1.2 billion a year, only 400 million is for new transit projects nationwide. Noting that cities asking for $36 billion worth of projects are ahead of Denver, RTD board chairman Bryon Johnson said in a separate interview, “it’s clear we will have to do it with our own money. Waiting for federal money is like queuing up in a store that is running out of merchandise.” Stanley said if gasoline tax were raised again, more money would be available for new projects. But noting that the 5 cent a gallon tax barely got through Congress two years ago, he said he thought waiting for another increase in the near future would be a waste of time. There still is federal money available for construction projects, and Stanley announced Wednesday that RTD will get more than $6 million to plan and construct a new central shops facility. Buses now are repaired and painted in shops at the Alameda and Platte garages. RTD General Manager Ed Colby said the new centralized facility would have more sophisticated repair equipment.
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[Headline] Handicapped Pin Hope on Atlantis By Sharon Sherman Denver Post Staff Writer The word "activist' once scared a group of young Handicapped Denverites. But after almost two years of wheeling themselves onto picket lines, sitting through meetings with government agencies and speaking out about the problems of being shunted out of the mainstream of society, they agree that the term activist describes what they have become. And they are proud of it. "At least we're actively trying to do what we can instead of sitting back and wishing', is the way Carolyn Finnell, 31, sees the new role of many physically handicapped young people. [Subheading] Buses for Handicapped Carolyn, and others like her in the handicapped community, helped convince the Regional Transportation District to begin adding buses equipped for the handicapped. They have testified at various hearings about problems of the disabled. [TEXT UNREADABLE] They are among the principal planners of the Atlantis Community, a project which would offer the physically handicapped many types of residential living arrangements with services they need available nearby. Carolyn, who has cerebral play which confines her to a wheelchair and distorts her speech, said it was hard to "face speaking out" to rooms full of strangers, but that living with other young adults at Heritage House Nursing Home youth wing has "brought me out a lot." [Subheading] Stayed Inside Shell If Mike Smith, 20, had had his way, he would have stayed inside his shell of poetry writing, reading, and discussing philosophy and listening to music. "I don't like being in politics, but it seems that's the way we have to go,'' Mike explained. " I guess you have to lose a little to get a lot.'' Linda Chism, 27, believes that for the first time, there are enough young disabled people ready and willing to push themselves forward, to speak out, that there is a chance of changing the entire lifestyle of the handicapped. For Mike Smith, those changes may come too late to be enjoyed. [Subheading] Depressed, Angry Mike has muscular dystrophy, a fatal disease. He has spent the past five years in nursing homes, living in one where, at 15, he was punished for breaking rules and being sent to the locked ward for 24 hours at a time. Finally, lonely for friends his own age, depressed at watching his elderly roommate die of cancer, angry at rules which confined him to the small world of the nursing home, Mike attempted suicide. "Luckily, I had no idea how to go about it," he remembers. "I took 20 bowel softener pills and instead of dying just created an incredible mess." For Mike, as for Carolyn, the youth wing at Heritage House is infinitely better than what they had before. But, Mike points out, once the first door that closes any human being away from the rest of the world is opened, that human being will see other doors to open. So it has been for Carolyn, who counted fishhooks for five years in a sheltered workshop before someone recognized her potential. [Subheading] Wants Meaningful Job Now, with a degree in journalism from Community College behind her, Carolyn wants some other things she's not getting out of life. Things like a meaningful job, an apartment of her own where she won't have to keep half her belongings in boxes under the bed, the privacy to entertain friends. "I'm probably living a more active life than I ever have before", she said, explaining that she now edits the youth-wing newsletter and is learning braille so she can tutor blind students. Having come so far, Carolyn's not willing to stop here. Neither is Linda Chism, who has had crippling rheumatoid arthritis for 20 years. Linda has "suffered a lot of surgery and a lot of hard, hard therapy" to become fairly mobile. She has taken three years of courses in biology and psychology at the University of Colorado. She was even offered a full-time job. [Subheading] System Inflexible But the system doesn't allow even the disabled who are capable of supporting themselves to do so, Linda said. If she was paid even minimum wage, she would earn too much and would lose her Social Security benefits. But it would take much more than a minimum wage salary to pay living expenses plus the $150 a month it would cost her to get to work and back. In addition, she would no longer receive Medicaid assistance, and medical bills for someone in Linda's condition are enormous. "Who's going to pay a beginner with no experience that much money?" she asked. [Subheading] Innovative Projects For now, for these and other physically handicapped young adults, the boundaries of their world still don't go far beyond the nursing home walls. But those boundaries will expand dramatically if the young disabled can find support for two innovative projects. One is Project Normalization, a one year pilot study to find out what services young people in nursing homes need to live as normal a life as possible. The project would be conducted at the young wing of Heritage House and is estimated to cost $241,872. The state Department of Social Services has suggested that the pilot project be run by the Department of Physical Medicine of the University of Colorado Medical School. Members of the department now are investigating that possibility. [Subheading] Denied Normal Life "Disabled people are often denied any resemblance of a normal life," the project introduction says. "Because of the segregation they encounter, and the sheltered nature of their early lives, when they reach young adulthood they are incapable of functioning satisfactorily in society and so are banished to nursing homes where the repressive, nonstimulating and socially undemanding environment serves only to multiply their social inadequacies and further depersonalize them. As its creators see it, Project Normalization would begin to to prepare handicapped young adults for the kind of independent living they hope Atlantis will someday offer. [Subheading] Create a Community Atlantis is an ambitious project, planned by a group of both handicapped and able bodied persons, which would create a community of residential units surrounding a hub housing medical, rehabilitative employment, counseling, homemaker, transportation, food and social services. The goal of the community will be to "provide needed services while respecting the individual resident's freedom and privacy," according to the project booklet. For some of the prospective tenants of Atlantis, that goal can't be realized too soon. "I just sort of wish they'd hurry, " said Mike Smith. "Some of us have fatal diseases, you know, I only have two or three years to wait. "
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Atlanta Journal 10/4/1990 Disabled protesters arrested downtown Charged in blocking of building’s doors By Bill Montgomery and Ben Smith staff writers As supporters cheered and chanted, more than 30 activists for the handicapped in wheelchairs were arrested for sealing off the Richard B. Russell Federal Building in Atlanta Wednesday. They were lifted by police aboard MARTA buses and taken to hastily arranged hearings in a parking lot at Atlanta-Fulton County Stadium. U.S. Magistrate John Strother released the activists — who are protesting U.S. government funding of nursing home care for the disabled — on personal appearance bond for arraignment in Magistrate's court on Nov. 16. The defendants face a maximum $50 fine or 30 days in jail for a class B misdemeanor, hindering access to and from a federal building. Wednesday's blockade at the Russell building by American Disabled for Attendant Programs Today (ADAPT), continued the strategy that the group used to seize the Morehouse College administration building and a nursing home association headquarters in Decatur on Monday and Tuesday. About half of the 100 protestors who appeared at 11 a.m. to blockade all street level doors refused orders by Russell Building security chief Thomas W. Woodall to move away from the entrances by 2:30 p.m. or face arrest. Several chained themselves and their wheelchairs to the revolving doors. Employees and people attempting to enter the Russell Building used a tunnel from the federal annex across the street to enter the building. Atlanta police, federal marshals and Russell Building security officers began arrests at 2:45, less than 90 minutes before some offices in the building close for the day. Protesters who moved away from the doors chanted “Free our people now!” as their arrested comrades, some grinning and flashing raised thumbs and “victory” signals, were lifted by their wheelchairs onto four MARTA buses. By 5 p.m., 31 men and women had been delivered to a parking lot across from the stadium for the hearings. The protesters are demanding that the federal government redirect 25 percent of funding for the disabled from nursing homes to home care. They argue that 250,000 disabled people are being held in nursing homes against their will, and that this shift in funding is more humane and cost-efficient.
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The Daily Sparks Tribune Friday, April 14, 1989 [Headline] Last of protestors freed from jail The last of the handicapped demonstrators were released from jail Thursday night and both sides of the five-day confrontation said they accomplished everything they set out to do. Municipal Court Judge Don Gladstone said he is pleased with the Sparks Police Department's and the court's performance during the confrontation in which members of American Disabled for Accessible Public Transportation (ADAPT) were arrested 72 times for acts of civil disobedience on B Street. The Colorado-based ADAPT came to town to protest a convention held by the American Public Transit Association (APTA) held at the Nugget earlier this week. APTA represents public transit authorities across the country and it is against the federal government forcing those authorities to install wheelchair lifts on all their buses. ADAPT co-founder Mike Auberger said his group accomplished what it wanted to do in Sparks -— make life difficult for APTA conventioneers and raise public awareness for handicapped issues. “Like I said before we even came here, not everybody is going to like what we do but when we leave everybody will have an opinion,” Auberger said. “I can change opinions but creating opinions is the hardest thing to do. "Most people are so busy in their own lives that they don't have time to be very creative and to make that happen." Thursday night Judge Gladstone released the remaining 30 ADAPT members who were serving jail time for such things as blocking fire exits at the Nugget and for obstructing police officers. Their fines ranged from $10 to $600. Wednesday afternoon, the city attorney’s office worked out an agreement with the group's attorney to allow the protesters to leave jail if they paid $100 towards their fines and agreed to pay the remainder after they go home. The protestors also had the option of staying in jail and working off their fines at $25 a day. Thursday night, however, Gladstone dropped the minimum payment to $50 and lectured the protesters. “I told them they need to review their leadership," Gladstone said in an interview this morning. "Society changes. Methods used in the past to get a message across aren't necessarily valid today.” Gladstone said the Sparks Police Department did a good job of handling the demonstrators after they were arrested. The court also made the point that “regardless of your race, color or creed you are held accountable in Sparks for your crimes." “I think the city and the jail facility will be a model to the country for the reasoned handling of a major demonstration by a group that required extraordinary medical care," Gladstone said. Auberger agreed that Sparks Police treated the protestors with care. “I believe they worked very hard at trying not to harm anyone," Auberger said. “There was a real intent on their part to be as professional as possible." However, Auberger said he believes the police over reacted and arrested the protestors for petty things. “I suppose that’s because you need a strong police force to keep the gambling in control," Auberger said. “But that (show of force) gets carried out into a lot of situations that have nothing to do with casinos. "Unfortunately, that relays to tourists the image of a really heavy hand." Auberger also accused the Nugget security force of reacting violently to the demonstrators. One protester suffered a broken knee when a casino security guard pushed a door against her knee. “If we had been in Reno, it would've been a different set of circumstances," Auberger said. “We would've been dealing with corporations instead of an individual (John Ascuaga). “(The Reno casinos) have a corporate image to protect. l think they would be less likely to do the kinds of things (the Nugget) did."
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PHOTO by Patrick Forden/Gazette Journal; The photo is looking up at Mike Auberger in a non-ADAPT T-shirt and jeans, with a short beard and mustache, hands on his hips. His chair is somewhat visible and his left leg elevated. He is sitting in the doorway of a fancy Casino with a Nugget Casino sign over the door. Caption reads: ORGANIZER: Mike Auberger of Denver says his cause is worth going to jail for. TITLE: Disabled group plans protest at transit meeting in Sparks By Susan Voyles/Gazette-Journal Up to 150 wheelchair-bound people are expected to protest outside John Ascuaga’s Nugget beginning Sunday, and Sparks police say they are ready. The protest is being staged by a national group called The American Disabled for Accessible Public Transit, and its target is the western regional meeting of the American Public Transit Association. As many as 700 people representing public bus systems, including many that don’t have buses with lifts to handle wheelchairs, are expected to attend. In protests at 16 other cities in recent years, disabled protesters have held marches, crawled onto or chained themselves to buses, and barricaded hotels where the public transit association held its meetings. “We try to make their conventions as inaccessible to them as they have made transportation to disabled people ” said protest organizer Mike Auberger of Denver. “They can’t just come and have fun." Auberger, 34, said he met earlier this week with representatives of Sparks police, the Washoe County Sheriff’s Department and Nugget security. He was handed a 32-page list of possible violations, including felonious assault, that his group could be charged with. “From what I heard, the police department’s tactic is going to be to intimidate,” Auberger said. “I wouldn’t be surprised to see the police on Sunday in riot gear.” Auberger, who arrived in town Monday to prepare for the protests, said he expects about 150 handicapped people from around the country to show up. Auberger said he met with members of the Sparks and Reno police, the Washoe County Sheriff’s Department and court marshals Tuesday. “It’s definitely threatening but I think the people coming in here are well aware of what could happen to them,” Auberger said. Already Auberger has had a confrontation, albeit a friendly one, with Nugget security and Sparks police. Monday when Auberger was casing the outside of the Nugget, with video camera in hand, a security guard and a police officer approached him and knew him by name, he said. “It gave me a real feeling for how the police are going to respond and how the casino security will respond," Auberger said. “It was like the casino burped and the police said ‘Excuse me,’ and that’s not normal." Auberger said his group has yet to begin drawing up strategy on how it will carry out its demonstration. However, Auberger predicted his group won’t be happy with being confined to B Street. “(The location) is very visible to traffic on B Street but it won’t be visible to APTA members,” Auberger said. “The spot is perfect if your issue is with the public or if it's directed at the Nugget." Auberger said his group is not violent although it is confrontational. Zamboni showed the press a 10-minute video tape of an ADAPT demonstration held in San Francisco Sept. 28, 1987. The video tape showed demonstrators blocking a SAMTRANS bus and tying their wheelchairs to the vehicle's wheelspokes and sitting on the Powell Street cable-car tum-around. It also showed police handcuffing protestors to their wheelchairs and the protestors chanting "We want to ride,” and "We want access."
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PHOTO Tom Olin?: Two police officers, one in plain clothes and one in uniform stand talking but looking in opposite directions. The plain clothes man has on a tie and jacket. He has his arms crossed across his chest, as does the other officer. Behind them are visible, parts of the fronts of two large buses sitting side by side. Between the cops and the buses is partially visible the line of people in wheelchairs who are blocking the buses. Diane Coleman is partially visible, with an "Access Not Excuses" poster in front of her legs, and another man's head is visible with his access poster -- around the shoulder of one of the officers.
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METRO Magazine March/April 1989 pp.18 - 21 Court Rules On Wheelchair Accessibility U.S. Court of Appeals orders that all new transit buses be wheelchair lift-equipped and paratransit service provided. by Jason Knott (This story continues through 484, 471, 470, 465, and 466. However, the entire text of the story is included here for ease of reading.) DRAWING: A large balance scale with a bowl hanging from each side of the balance. One bowl has the acronym APTA in it, the other has ADAPT. QUOTE below the picture: “I don’t think the government should mandate installation of lifts. It can become expensive for the smaller transit properties." —Davis There are more than 40 million disabled Americans and an estimated 67 percent of them are unemployed, according to the National Easter Seal Society. Meanwhile, a recent Harris poll revealed that three out of every 10 disabled persons say they cannot work because of a lack of accessible transportation. Moreover, the same poll shows that 49 percent of the disabled believe their mobility is limited because of transportation barriers. These statistics confirm that public transit accessibility is an important ingredient to mainstreaming the handicapped into society. On the flip side of the coin are the public transit authorities who are in the business of transporting ambulatory, as well as handicapped, persons in the most economical method possible. It would seem that the handicapped, who depend on public transit, would be natural constituents of transit agencies; however, the two groups have been at odds for years, grappling with each other over the accessibility of service. In particular one handicapped rights group — ADAPT (Americans Disabled for Accessible Public Transit) — has been fighting with public transit across the nation. ADAPT wants every fixed route transit bus equipped with a wheelchair lift. In order to express its point, the group conducts disruptive protests at conferences held by the American Public Transit Association (APTA). (See September/October 1988 METRO Magazine, “When Rights Clash," page 79) Today, disabled Americans can chalk up a victory in their constant battle for a broader distribution of handicapped-accessible transit service. On February 13, a federal appeals court ordered the U.S. Department of Transportation to require transit authorities to equip all newly purchased buses with wheelchair lifts. The 3rd Circuit Court of Appeals in Philadelphia also determined the 3 percent cap placed on transit agencies for handicapped expenditures was too low in the case entitled “ADAPT vs. Burnley." Wade Blank. director of ADAPT, applauded the court decision, saying the ruling is significant in the sense it is "evolutionary." Blank said, "We are now getting back to where we were in 1978. When we filed originally, we targeted the 3 percent cap. We decided to broaden the case because the climate in the country has changed. We talked with our attorneys and they broadened it to include the original intent of Section 504, and to really challenge the 1980 case that APTA brought. We are victorious because of a major mood change in the country regarding handicap accessibility." Blank cited two other recent rulings in Detroit and Chicago favoring handicapped accessibility. The Philadelphia ruling is in conflict with APTA's official policy, which was spelled out in a position paper reissued in October 1988. The association favors the local-option approach by which each local transit authority determines its own handicapped transportation policy. APTA's Board of Directors recently rejected a similar proposal calling for all new transit buses to be lift-equipped, according to Albert Engelken, deputy executive director. In other words, APTA believes that each local transit authority should create its own balance between demand response - or dial-a-ride — service, and fixed route accessibility. “It is very important that people realize that APTA is not against wheelchairs on transit buses," said Engelken, “rather, we are for local decision. The board of directors unanimously supports this approach. Every transit system makes their decision after in-depth consultation with the local disabled community. They are not making their decisions blindly." What next? The Department of Transportation is currently exploring its options, which include seeking a rehearing by the appeals court, appealing the-decision to the U.S. Supreme Court, or accepting the ruling. Michael Jacobson, spokesman for the DOT, could not give an estimate on when a decision might be made. An appeal is possible despite President Bush's recent campaign commitment to handicapped programs. Whether the decision will affect bus procurements that are currently - underway is unclear. Jack R. Gilstrap, APTA's executive vice president, issued the following statement concerning the ruling: “Because of the cost impact of the decision which requires lifts on all new buses plus paratransit service, and because it is inconsistent with other court decisions which create conflicting obligations on the part of the DOT and local public transit systems, APTA is urging DOT to challenge the decision." “Obviously this decision is extremely important," said Charles Cowie, national sales manager for Mobile Tech Corporation, a Hutchinson, Kansas-based manufacturer of wheelchair lifts for transit buses. “The objective is to make accessibility and mobility easier for the disabled, but to some, the decision favors a sector of the populous that is not altogether popular." “In a philosophical sense, the ruling is great," said Bill Hinze, National Sales Manager for Ricon, a dedicated lift manufacturer in Sun Valley, Calif. “It’s like a mandate for racial integration — it should have been done years ago." However, Hinze indicated he is still an advocate of demand response systems. “I don't think the government should mandate installation of lifts," said Bob Davis, vice president of Bus Manufacturing USA, a Goleta, Calif.-based distributor of semi-automatic lifts. “It can become expensive for the smaller transit agencies." The court also ruled that the current 3 percent cap on handicapped spending was insufficient; however, many agencies were already spending a higher percentage. In fact, in California and state law already requires all newly purchased transit buses to be equipped with wheelchair lifts. “Other states were already adhering to a similar policy, although it is not written in law," said Don Smith, director of marketing for Lift-U, Inc. in Escalon, Calif. According to Engelken of APTA, an average of 6 percent of transit expenditures are directed toward improving handicapped transportation already — double the required limit. Moreover, an APTA survey indicates that 31 percent of all transit vehicles are lift equipped, with the number steadily rising. The court decision comes in the wake of several different movements toward the improvement of handicapped accessibility to public transit. [Subheading] Project ACTION As part of the APTA’s Elderly and Disabled Task Force, a three-year Congressional program called “Project ACTION" (Accessible Community Transportation In Our Nation) will soon establish six demonstration sites nationwide to study handicapped transit accessibility. The National Easter Seal Society is conducting the three-year, $3 million undertaking. Congress has earmarked $1 million in fiscal year 1988 UMTA research and technical assistance funds to initiate the project, and an additional $1.35 million in fiscal year 1989. Project ACTION is designed to improve access to transit services for the handicapped. It will involve national and local organizations representing public transit operators, the transit industry, and people with disabilities in the development of a cooperative model program promoting greater access to transportation. Project ACTION is the result of a mandate from Congress to find ways to better accommodate the transportation needs of people with disabilities. The program will focus on five key concerns of people with disabilities and local transit operators seeking to improve transit: * Identifying persons with disabilities in the community. * Developing effective outreach and marketing strategies. * Developing training programs for transit riders. * Developing assistive programs for people with disabilities. * Applying appropriate technology to solve critical barriers to transportation and accessibility. “APTA’s task force is examining numerous areas to improve handicapped transportation," said Engelken. “We are looking at how to improve the marketing of service and we are struggling with the wrenching problem that exists in that area. "We have to make sure that people are riding the buses,” added Engelken. “If we don't, then the federal and state government are going to say that transit agencies are spending their money unwisely.” [Subheading] Operating costs The court decision also comes at a time when some transit agencies are lowering their wheelchair lift operating costs. In fact, figures released by ADAPT, claim that Seattle Metro operating costs were $3.13 per lift in 1987, with a reliability rate of more than 98 percent. In comparison, the Bay Area Regional Transit Association cited operating costs of $118.55 per trip for wheelchair lift-equipped transit buses among the several different transit authorities operating in the region. This disparity is due to widely different methodologies for calculating costs, a condition that has led to an absence of reliable nation-wide data. Tim Cook, director for the National Disabilities Action Center in Washington, D.C. and the attorney representing ADAPT in court, said, “I’m not sure accurate figures exist because it varies from system to system. National figures are meaningless because many systems haven't made a decision to make a commitment to accessibility." “Every property has it differently organized. Some agencies will designate one mechanic to maintain 75 to 100 lifts," said Smith of Lift-U, “But it really depends on how committed the maintenance director or general manager is to wheelchair lifts." [Subheading] Technology Mobile Tech and Lift-U manufacture electro-hydraulic passive wheelchair lifts for the transit industry. These lifts do not require the driver to leave his seat to operate the device. Ricon is a leading manufacturer of dedicated lifts, which are common on paratransit vehicles. These lifts are ideal for the handicapped, but cannot be used by ambulatory passengers. The lift does not utilize hydraulics. Another lift on the market is the AMF Hubmatik swivel-lift manufactured in West Germany. The lift is marketed in the U.S. by Bus Manufacturing USA and Ortho Safe Systems in Trenton, N.J. The semi-automatic, electro-hydraulic lift requires the driver to swivel the unit out the door for boarding and departure. It is currently in use by Sun Line Transit Agency in Thousand Palms, Calif. Due to constant R & D by the manufacturers, lift technology is dynamically improving. According to Smith, future innovations in passive lift technology will include state-of-the-art circuit boards, LED's and microchips. Cowie of Mobile-Tech predicted a 180 degree turn in technology within the next two years. Hinze indicated his company is developing a lift that can be utilized by both handicapped and ambulatory passengers and reduce maintenance costs by up to 10 percent. The court ruling does not touch upon rail accessibility at all. Installation of wayside wheelchair lifts for rail systems has not been as active as bus development. According to Smith, some transit agencies have requested lifts be designed for installation on the railcars themselves; however, because of the small demand, this is not profitable for passive lift manufacturers. More R & D is necessary on the shock and vibration of railcars to produce a passive lift that can withstand that environment. However, San Diego Trolley has been using on-board lifts for three years, and recently ordered 41 more units according to Hinze of Ricon. This onboard lift eliminates the problem of railcar operators “spotting” their stops for wayside lift access. The ruling could also mean increased specification of wheelchair restraint systems such as the one manufactured by Q'Straint in Buffalo, N.Y. The system consists of four stainless steel floor plates mounted flush with the floor. Four belts, two in front and two in the rear, and a shoulder harness and lap belt secure the rider. [Subheading] Solving the problem Despite the jubilation one might expect among wheelchair manufacturers, many seem to believe a mixture of demand response service along with fixed route wheelchair service is the ultimate solution to transporting the disabled and elderly. "The degree of demand response versus fixed route service should be a local decision," Cowie said. “It is important to mainstream the handicapped in the bigger cities through fixed route service; however, demand response is good in rural areas." These thoughts were echoed somewhat by Smith, who is a member of APTA’s Elderly and Disabled Services Task Force. "There should definitely be a mixture of services," he said. “[The government] can't dictate how every community should handle this problem. Some communities have spent a lot of money of their dial-a-ride service. You need to have a local option. “Another solution," continues Smith, "might be to make fixed route service fully accessible and let another organization — outside the realm of public transit — take care of special needs or demand response service." He believes the transportation problems of the elderly and the disabled should be handled separately. the end of article BOXED TEXT next to main article: [Heading] The Long Road To Wheelchair Accessibility A federal appeals court has ordered the U.S. Department of Transportation to require transit authorities to equip new buses with wheelchair lifts, and provide public transport for riders unable to use lift-equipped buses. Attorneys who brought the lawsuit called it the most important decision ever handed down for handicapped people needing public transportation. The decision, in the U.S. 3rd Circuit Court of Appeals was, 2-1. “We conclude that ordering that newly purchased buses be accessible to the mobility disabled does not exact a fundamental alteration to the nature of mass transportation," Judge Carol Mansmann wrote in the majority opinion. “Also, by requiring that newly purchased buses be accessible, we are not imposing undue financial or administrative burdens on the local transit authorities." In the dissenting opinion, Judge Morton I. Greenberg said the section requiring new buses to be accessible was not meant to apply to transit systems choosing a paratransit system. Timothy M. Cook, director of the National Disability Action Center, argued the case before the appeals court and called the decision, “a major, major victory for the handicapped community. We can't say enough positive things about it.” Cook expressed hope that the ruling would not be appealed in light of President Bush's recent comments about his desire to bring the handicapped into the mainstream. The Transportation Department had appealed an earlier decision by U.S. District Judge Marvin Katz in Philadelphia that canceled a 1986 department regulation calling for mass-transit authorities to spend up to 3 percent of their operating budgets on providing services for the handicapped. In his decision, Katz called the 3 percent requirement unreasonable, but ruled the department must resolve differences between equality for the handicapped and cost efficiency. Americans Disabled for Accessible Public Transportation (ADAPT) appealed Katz's simultaneous ruling that upheld the right of transit authorities to decide whether to fit vehicles for the handicapped or provide other services. The appeals court ruling affirmed Katz's decision in favor of dropping the 3 percent provision, but it reversed his other decision by ordering transit authorities to equip new buses with chair lifts or other accommodations for the handicapped.
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Austin American-Statesman ~ Tuesday, February 14, 1989 [Headline] Court mandates Wheelchair access on nation’s buses PHILADELPHIA (AP) - A federal appeals court Monday ordered the U.S. Department of Transportation to require transit authorities nationwide to equip new buses with wheelchair lifts. Attorneys who brought the lawsuit called the ruling the most important decision ever handed down for disabled people needing public transportation. The 3rd U.S. Circuit Court of Appeals said a Transportation Department regulation requiring all new buses to accommodate wheelchairs conflicts with another allowing communities to offer only an alternative service, such as special vans, to the handicapped. The court said a rule requiring reservations 24 hours in advance for use of the alternative transportation hinders the spontaneous use of mass transit by the handicapped. As a result, the court ordered transit authorities to make “reasonable accommodations to their programs, i.e. purchase wheelchair-accessible buses.” The court also upheld a controversial decision requiring the Transportation Department to eliminate a cap on the amount of money transit authorities must spend on making transportation accessible. In Austin, Anthony Kouneski, general manager of Capital Metro, said-Monday's decision “will not significantly affect our service.” Kouneski said more than 50 percent of Capital Metro's buses already are equipped with wheelchair lifts, and that 80 vehicles on order also will be equipped with lifts. He said Capital Metro also operates Special Transit Service vans for people whose disabilities prevent the use of conventional wheelchair lifts. A coalition of "disabled people and 12 organizations called Americans Disabled for Accessible Public Transportation filed the lawsuit last year. ADAPT contended that a provision of the federal regulations allowed authorities receiving federal transportation funds to exclude the disabled from “effective and meaningful" access. The provision allows transit authorities to decide among three types of transportation: accessible buses, special vans for the handicapped, or a combination of the two. US District Judge Marvin Katz overturned the provision in cases where the transit authority buys any buses. He also overturned a regulation requiring authorities to spend no more than 3 percent of their average annual operating costs on transportation for the disabled. Katz called the limit arbitrary. Timothy Gold [sic, really Timothy Cook], who argued the case before the court, said the ruling was “a major, major victory for the handicapped community.” He said he hoped the ruling would not be appealed.
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The NATIONAL DISABILITY ACTION CENTER Timothy M. Cook, Director For Immediate Release Contact: Timothy M. Cook 202/467-5730 DISABILITY GROUPS DELIGHTED BY DOT RULING ON ACCESSIBLE BUSES United States Transportation Department Secretary Samuel Skinner, stating his strong "support of policies that would substantially improve access to mass transit services for handicapped persons," today proposed a new regulation "requiring all new buses to be accessible,“ and "requiring supplemental paratransit service . . comparable to the service for the general public for persons who could not use the fixed route transit service." The regulation was issued in response to a court suit brought by Americans Disabled for Accessible Public Transportation (ADAPT) and twelve other national disability organizations. Wade Blank, head of ADAPT, stated that he was "delighted that the Administration finally has followed through on its commitment to persons with disabilities." The regulation will require all buses that are newly purchased or remanufactured to include wheelchairs lifts in their design and manufacture. According to Timothy M. Cook, of the Washington—based National Disability Action Center, the attorney for the disability groups, "this new rule will immensely enhance the lives of persons with disabilities throughout the country. It will open education, employment, and social opportunities heretofore closed to individuals with disabilities simply because they have had no way to get there." -30-
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[Headline] Bus-lift rule leaves agencies in bind PHILADELPHIA (AP) — Advocates for the disabled yesterday hailed a federal court ruling requiring wheelchair lifts on new public buses, but a spokesman for transit agencies said the ruling doesn’t address vexing problems. "We’ve been grappling with this for a long time," said Albert Engelken, deputy executive director of the Washington-based American Public Transit Association. He said wheelchair lifts receive limited use where they exist and are an added expense to transit agencies at a time when federal subsidies have been dwindling. On Monday a 3rd U.S. Circuit Court of Appeals panel ruled 2-1 that Congress has made its wishes on accessibility clear and that lift-equipped buses are part of that mandate. The court ordered the U.S. Transportation Department to rewrite a regulation allowing communities to offer alternative "paratransit" service, such as van rides, to the disabled. It said the 24-hour reservations that riders need to make for such services hinder spontaneous use of mass transit. . James D. Fornari, a New York City attorney for a group of veterans with spinal cord injuries, said the ruling will force transit systems to look for the most efficient means of serving disabled people. He said the ruling also could influence Transportation Department regulations being drafted on light rail and commuter rail systems. “We are quite pleased with this decision and I see it as a springboard for making other transit systems which have buses accessible to the mobility impaired, so they can be mainstreamed into American life and society," Fornari said. Transportation Department spokesman Bob Marx declined comment on the ruling.
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PHILADELPHIA DAILY NEWS 3-25-89 PHOTO (by SAM PSORAS/ DAILY NEWS): A group of people with picket signs are gathered in front of a dark wall with a door. A woman (Cassie James) in a motorized wheelchair is sitting sideways in the center. She has a huge sign that reads in great big letters "ACCESS NOW." She has shoulder length hair and is wearing glasses, a dark coat, white pants and stylish boots. In front and to her left another woman in a wheelchair is sitting in front of the doorway leaning to one side talking to a woman in a midcalf length coat holding a cane. The woman in the wheelchair is holding a sign that reads "Disabled In Action." Above the door on the side of the wall you can read "841 Chestnut ..." Behind the woman in the center is another person standing with a sign that reads "Access is a civil right!" That person is looking at 2 other women standing, one of whom is holding an 81/2 by 11 sized bundle and is wearing a coat and boots and seems to be holding a bull horn. Beside her the last person is holding a sign that reads "No Appeal." Caption reads: ALL THEY ASK is ALL ABOARD A contingent of eight protesters, some in wheelchairs, picketed the United Mass Transit Administration office, 841 Chestnut St., yesterday in support of a recent 3rd U.S. Circuit Court or Appeals ruling that all buses bought with federal funds must be accessible to disabled riders and that all who can't use buses must be afforded other mass transit. The protesters said they represented a variety of advocacy groups staging protests nationwide on behalf of 5 million disabled and elderly Americans.