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ADAPT (595)
US NEWS AND WORLD REPORT Sept. 18, 1989 [This story appears in ADAPT 595, 590 and 602. It is included in its entirety here for ease of reading.] [Headline] Liberation day for the disabled by Joseph P. Shapiro Forty-three million will soon win basic civil-rights protections. Their growing movement has brushed aside the opposition and is changing America The day before the Senate passed historic legislation to protect the civil rights of disabled people, Mary Jane Owen got another rude reminder of the daily discrimination that faces people like her. Owen, a writer who is blind and uses a wheelchair, was lobbying senators for the disability-rights bill. But when she moved onto Constitution Avenue to go home, a taxi driver at curbside sped away rather than pick up a woman in a wheelchair. It is similar acts, repeated hundreds of thousands of times a day to the nation's 43 million disabled, that fueled an angry political movement that has brought the nation to a path-breaking moment. In a few weeks President Bush is expected to sign the Americans with Disabilities Act, a broad statement that will extend to the disabled the same protections against discrimination that were given to blacks and women in the 1960s and 1970s. The Senate passed the measure 76 to 8 last week, and the House is likely to approve it next month. The bill is a profound rethinking of how this country views disabled people, defined as anyone with a physical or mental impairment that "substantially limits" everyday living. For the first time, America is saying the biggest problem facing disabled people is not their own blindness, deafness or other physical condition but discrimination. The bill, says Senate sponsor Tom Harkin (D-Iowa), is "an emancipation proclamation for people with handicaps" that will fundamentally change their lives, getting more of them out of their homes and institutions and into full participation in society. Under the new law, restaurants, stores, hotels and theaters can no longer turn away a person with cerebral palsy, epilepsy, AIDS or any other disability. Employers would be prohibited from rejecting qualified workers just because they are disabled, and they would be required to fashion generally inexpensive modifications to the workplace to make it accessible to the disabled, such as putting a desk on blocks to raise it for a wheelchair user. It would also require that new buses be equipped with lifts so that wheelchair users could get on public transit. New buildings, or those undergoing major reconstruction, would have to be made accessible to disabled people, with elevators installed in shopping malls and new structures higher than two stories. Telephone companies would have to hire operators who could take a message typed by a deaf person on a Telecommunications Device for the Deaf (TDD) and then relay it orally to a hearing person on another phone. [Subheading] Cost of Access. Businesses, particularly small ones, are wary of the changes. John Sloan, president of the National Federation of Independent Business, complained that the bill will impose costly requirements on businesses" and is "so broadly written" that it is unclear how far, and to what expense, a business will have to go to avoid being open to a lawsuit. Sponsors of the bill said estimates that its implementation might cost billions of dollars were wildly exaggerated. Past experience shows they may be correct. When Congress in 1973 protected disabled people from discrimination by institutions that receive federal funding, North Carolina education officials estimated it would cost them $15 billion to make state university buildings accessible, says architect Ronald Mace of Barrier Free Environments. Instead, many changes were simple and cheap. To accommodate students in wheelchairs, classes were moved to ground floors rather than installing elevators to carry them to top floors. The cost so far has totaled $l5 million, says Mace. Similarly, a 1982 study for the Labor Department found that half the accommodations made in the workplace cost little or nothing. For example, it was easy for companies to change a wheelchair user's work hours to conform with the schedule of lift-equipped buses. Another 30 percent of the accommodations were achieved for between $100 and $500. That included such changes as giving a telephone head-set to a quadriplegic telephone operator. Despite the concerns of business groups, their opposition to a bill that would open them up to a new spate of lawsuits was surprisingly muted and not nearly as vociferous as their fight against the 1964 Civil Rights Act. For one thing, no one wanted to look like a bigot fighting a civil-rights bill, particularly one that was rushing through Congress. More important, businesses in the last few years have seen disabled people as a new source of labor and customers. “If they can get to the stores, business is going to increase" says the U.S. Chamber of Commerce‘s Nancy Fulco, who nonetheless lobbied to limit the rights bill's impact on business. [Subheading] Hidden Army. The mixed feelings of business groups underscored how disability rights is a civil-rights movement different from any other. Unlike the black and women's movements, disability-rights groups have never filled the streets with hundreds of thousands of marchers. Instead, the disability movement boasts “a hidden army,“ says former Representative Tony Coelho, who has epilepsy. Since a fifth of the nation's population has some form of disability, ranging from mental retardation to severe arthritis, Coelho argues, “disability impacts practically every family.“ Nowhere was that clearer than in Congress and the White House. where key supporters of the rights bill felt a particular need to win the bill‘s passage because they personally know about disabilities. Most important was President Bush, who has two sons with disabilities. Bush's strong statements in support of the bill during the 1988 campaign won him important support in the usually Democratic disability community. Nevertheless, the rights bill was in trouble until mid-June because of business fears about its cost. Then, on the day he left Congress, Coelho called Bush to ask him to renew his commitment to the bill. Within a few weeks, White House Chief of Staff John Sununu convened a strategy session with key senators to negotiate a compromise. That was easy to achieve once sponsors agreed to the White House request they drop the provision that would have allowed the disabled to sue for punitive damages if they were discriminated against. a provision that was the most opposed by business lobbies. From that moment, the compromise bill has been on a fast track. The success of the disability movement is extraordinary because it sprang up with little noise and little notice. One essential ingredient has been the growth of a new class consciousness among the disabled. Seventy-four percent of them feel they share a “common identity” with other disabled people, and 45 percent argue that they are “a minority in the same sense as are blacks and Hispanics,” according to a 1985 poll by Louis Harris & Associates. “All disabled people share one common experience—discrimination,” says Pat Wright of the Disability Rights, Education and Defense Fund. Often it is crude bigotry. In January, an airline employee in New York who resented having to help a 66-year-old double amputee board a plane instead threw him on a baggage dolly. A New Jersey private-zoo owner a few summers ago refused to admit children with Down syndrome to the monkey house because, he claimed, they upset his chimpanzees. It is that kind of outrage and countless more subtle discriminations that fueled the movement that now wants to change the image of the disabled. Many now reject the traditional attitudes of society that suggested their lives were tragic and pitiful. Many now loathe charitable appeals such as the annual Jerry Lewis Telethon that raised $42 million for the Muscular Dystrophy Association over Labor Day weekend. Such extravaganzas seek funds by emphasizing the most desperate cases. That kind of approach, activists say, suggests that disabled people are to be cared for and cannot be contributing members of society. “We don’t want to be dependent any more,” says Lex Friedan of the Institute for Rehabilitation and Research Foundation in Houston, who is a quadriplegic wheelchair user, the result of an automobile accident. “We want to be part of society in every way.” Such new attitudes reflect fundamental changes in the lives of disabled people. Since 1975, when federal law first ensured all disabled children access to schools, hundreds of thousands of disabled students have gotten a better education alongside nondisabled peers. Many grew frustrated after college, when they found there were few such protections to help once they tried to find jobs. A recent Census Bureau study concluded that the gap between the earnings of disabled and their nondisabled co-workers is growing. A disabled worker in 1987 made only 64 percent of what his nondisabled colleagues earned. In 1980, it was 77 percent. The 1985 Harris survey found that 70 percent of working-age disabled people were unemployed. Of those, two thirds said they wanted to work but were prevented from doing so because, among other reasons, they faced discrimination in hiring or lacked transportation. Those who do not work now collect federal disability and welfare checks, costing nearly $60 billion a year. “It doesn’t make sense to maintain people in a dependency state when those people want to be productive, tax-paying citizens,” argues Jay Rochlin of the President’s Committee on Employment of People with Disabilities. Although no one knows precisely how many millions of dollars could be saved by bringing the disabled fully into the work force, Sylvia Piper, an Ankeny, Iowa, mother, says she saved taxpayers $4.8 million by ignoring physicians who urged her to institutionalize her retarded son, Dan, when he was born. Instead, she kept him at home and sent him to public school with non-disabled children, the kind of role models who inspired him to get a job this summer. Dan, now 18, saved $800 from his pay as a drugstore stockroom worker. His first purchase was a gray bedroom rug, upon which he slept the night it arrived. The next morning he was ready for work early and announced, “I've got to work harder and make more money." Once again, says his delighted mother, Dan grew when faced with a challenge. The nation’s changing demographics have added to the urgency of meeting the needs of the disabled. By 1990, there will be 6.2 million elderly Americans with one or more basic disabilities, up from almost 5 million in 1984, according to estimates by the Urban Institute, a research organization. And the explosive growth of the number of those with AIDS and HIV infection has already added hundreds of thousands more disabled to the population. That is why AIDS-policy advocates teamed up with disability groups to make sure civil-rights guarantees under the bill also applied to those with AIDS. People with AIDS had won federal court rulings protecting them under existing disability-rights laws, which apply only to federally funded programs. The new bill will expand that protection to the private sector, so that people with AIDS and HIV infection cannot be fired from jobs or denied service in restaurants. [Subheading] Galvanizing Issue. Along with being better educated and more independent, the new generation of disabled people has become more politically sophisticated. Some 200 independent-living centers, which have sprung up since the 1970s to provide a mix of counseling and support services to severely disabled people, became bases of advocacy. One galvanizing issue came in the early 19805, when a Reagan administration anti-regulation effort tried to eliminate key federal protections that prohibit discrimination by any program or contractor receiving federal funds. Negotiating sessions over the regulation first brought then Vice President Bush face-to-face with Evan Kemp, who headed Ralph Nader’s Disability Rights Center. The regulation was never changed, in part because of Kemp’s advocacy and growing friendship with Bush. Last week, the President named Kemp, a member of the Equal Employment Opportunity Commission since 1987, to chair the civil-rights agency, which will handle job-discrimination cases brought under the new law. The disability-rights movement is distinctive, too, because it has never had a Martin Luther King or a Betty Friedan to lead it. Part of the reason is that there are hundreds of different disabilities. Nonetheless, disabled people, such as student protesters who last year gave Gallaudet University its first deaf president, I. King Jordan, are now adopting on a small scale the protest tactics of the civil-rights movement. Thirty members of American Disabled for Accessible Public Transportation, which uses tactics of civil disobedience, on Labor Day backed their wheelchairs against buses at the Los Angeles Greyhound terminal and disrupted busy holiday traffic in a protest for wheelchair lifts on buses. As the historic legislation was being debated, there was a curious twist. Watching with interest was a paraplegic visitor from Moscow, Ilya Zaslavski. He made history earlier this year when he won election to the new Soviet national legislature, the first person anywhere in the world to run as a disability candidate. Zaslavski watched the work of Congress and announced plans to introduce SDA—-a Soviets with Disabilities Act. INSERTED TEXT BOX: THE COST FACTOR Businesses are concerned about the costs imposed by the civil-rights bill: BUILDINGS: The cost of making accessible new buildings and those existing structures that are undergoing major renovations runs between 0 and 1 percent of building costs. TRANSIT: Changes required of bus and transit systems to help the disabled over the next 20 years might cost several hundred million dollars. PHONES: It will cost $250 million to $300 million a year to hire operators to work relay systems so deaf people can communicate with those who can hear, according to federal and AT&T estimates. INSERT: PHOTO (Roberta Barnes -- San Antonio Light): A line of people in wheelchairs diagonally crosses the picture. In the front Lonnie Smith Archuleta with his buff physique, in a T-Shirt with a medal-like imprint on the front, wheels his sports chair. Behind him a slight woman (Diane Coleman) with very thin arms and leg braces on her extended legs, rolls her power chair with a flag attached. She wears a straw hat, red ADAPT no steps T-shirt and long red skirt, across which she wears a sign reading "Gentler -n- kinder nation??" Behind her another woman in a power wheelchair (Linda Johnstone) wears a different red ADAPT T-shirt and a sign across her knees reads "We Need a Ride To Work." Behind her is another large woman in a wheelchair (Mary Kay Sanders) in dark sunglasses and a white dress; she carries a white parasol and appears to be chanting. Over the top of the parasol another sign (held by someone walking but obscured from view) written in calligraphy can be seen: "Access is a Civil Right." The line bends back and around out of view. Caption reads: Countless Frustrations. Angry protesters in San Antonio wheel through the streets to protest the lack of accessible public transportation.
ADAPT (205)
[Headline] NAT HENTOFF:“No Wonder God Punished Her by Making Her Blind!” Village Voice, March 18, 1986, page unknown. PHOTO in center of page. Photo credit, DAVID STONE/MAINSTREAM: MAGAZINE OF THE ABLE-DISABLED: A group of police officers in dark short sleeved uniforms standing and looking at one another. On the floor at their feet, a man in white clothes (Chris Hronis) lies on his side arms behind his back, apparently handcuffed. Through the legs of the officers you can see someone else (Edith Harris) sitting on the floor also apparently handcuffed. At the edges of the frame you can see a couple of people's faces and at the bottom, the back of someone's head. Above the picture is a text box that reads: "I am tired of being closed away." Photo Caption reads: Disabled activists commit civil disobedience in Las Angeles to make public transit accessible: “We will ride." [Italicized] New vocabulary must be developed. Racism and sexism are words known to every schoolchild, but there is no word to describe bigotry against persons with disabilities. [End italicized] – Lisa Blumberg, Hartford Courant, June 24, I985 [Italicized]... it is absolutely essential to understand that the pain and "tragedy" of living with a disability in our culture, such as it is, derives primarily from the pain and humiliation of discrimination, oppression, and anti-disability attitudes, not from the disability itself. [End italicized] — Michelle Fine and Adrienne Asch, Carasa News, Committee for Abortion Rights and Against Sterilization Abuse, June/July 1984 [Italicized] Public transportation is a tax-supported system. The handicapped pay taxes. It's as simple as that. How would the average taxpayer feel if he was denied access to a facility he paid for? [End italicized] – Wade Blank, a founder of and organizer for ADAPT (American Disabled for Accessible Public Transportation), Denver Post, October 6, 1985 In the spring of 1982, a woman in a wheelchair went into a clothing store in the Bronx and was told by the guard that he was required by store policy to turn away people with wheelchairs. Shs wrote a letter of complaint to the head of the chain and received an apology, along with a $50 gift certificate. Off she went to cash in the certificate, and guess what happened? That's right. A guard turned her away from the store. The woman sued; the store settled the case by giving her a check for $10,300. I had been about to write that a disabled lawyer had handled her case, but he — Kipp Elliott Watson—corrected me. “I am a lawyer with a disability," he said. In Jim Johnson's "Shop 'Talk" column in the February 22, 1986, Editor & Publisher, there is a guide for copy editors and reporters concerning accuracy of language in stories about those with disabilities. It was put together by more than 50 national disability organizations. One illustration: “Perhaps the most offensive term to disabled people is ‘wheelchair-bound' or ‘confined to a wheelchair.’ Disabled people don't sleep in their wheelchairs, they sleep in bed. Call them 'wheelchair users.'" Also, "labeling of groups should be avoided. Say ‘people who are deaf' or 'people with arthritis’ rather than ‘the deaf' or ‘the arthritic.’ . . . One of the problems with eliminating insensitive terms is the, lack of a clear policy that reporters and editors can follow. A reporter cannot change a paper's policy by himself. The first time a reporter writes 'person who is arthritic,’ a copy editor is sure to change it to ‘an arthritic’ to save words.” And I would particularly recommend the next correction to the vast majority of the reporters and editorial writers who have covered Baby Doe cases: “Afflicted [unintelligible] a negative term that suggests hopelessness. Use disabled. Also to be avoided are deformed and invalid." The guide is especially useful because more and more of those with disabilities are going to be making news-in–lawsuits, individual acts of resistance against discrimination, and in collective demonstrations. For instance, in Los Angeles last October, during a nonviolent direct-action protest against the American Public Transit Association (which is resisting making all its buses accessible to the handicapped), there was this report by George Stein in the October 7 Los Angeles-Times: “During the procession, 131 wheelchairs, stretching more than a block, carried people with disabilities ranging from spina bifida, cerebral palsy and muscular dystrophy to snapped spinal cords, congenital defects and post-polio paralysis. “Many had the withered limbs and lack of body control that the more fortunate usually try not to stare at. “But not Sunday. Motorists slowed to watch the sight. Some honked in support. One of the demonstrators was Bob Kafka, a spokesman for ADAPT (American Disabled for Accessible Public Transit) "This is beautiful,” Kafka said as he wheeled along “I am tired of being closed away." Carolyn Earl, who uses a wheelchair, tried to make a reservation at the Harrison Hotel in Oakland, California. The clerk wouldn't take an advance deposit. Suppose there's a fire, he said. The hotel would be liable. But call back, he said. She did. Ain't that a shame, there are no rooms with baths, and she'd asked for a room with a bath. Okay, the woman said, I’ll take a room without a bath. The clerk said that for her, there were no rooms, period. Just like it used to be with blacks and Jews. It happens, however, that according to Section 54.1 of California's Civil Code, it is as unlawful to discriminate in public accommodations against people with disabilities as it is to exclude racial and ethnic minorities. Carolyn Earl went to court. In December 1984, the hotel agreed to pay her damages and to sign an agreement pledging never again to refuse lodging to anyone who is disabled. In Louisville last fall, Steve and Nadine Jacobson, who are blind, were on trial. The charge: disorderly conduct. On July 7, they had been sitting in exit-row seats on United Airlines Flight 869 to Minneapolis, where they live. Airline personnel and security employees from Standford airport ordered the Jacobsons to get out of those seats. In the event of an emergency, the Jacobsons were told, they, being blind, could jeopardize their own safety and that of others. The rationale for the policy, it came out at the trial, was a “test” some time back during which – now get this – sighted people were blindfolded two hours before a mock evacuation and it turned out that these “blind” people had trouble opening emergency exit doors as well as dealing with other evacuation procedures. On the basis of a test that used fake blind people to find out how real blind people might act, the Federal Aviation Administration—long known for its stunning brilliance—issued an advisory circular suggesting to airlines that they keep blind folks out of those emergency exit rows. As they were trying to get the Jacobsons to move, United Airlines personnel kept insisting that a "Federal regulation" said they had to get out of those seats. The Jacobsons, however, had just come from a convention at which that very advisory circular had been discussed. They knew there was no rule. And so they sat. And sat. Irritated passengers offered to trade seats with them. Another yelled that the Jacobsons were holding everybody else up. "How can you be so selfish?" And another, speaking from the heart, pointed to Nadine Jacobson, and said to a neighbor: “No wonder God punished her by making her blind!" Eventually, the Jacobsons were removed from the plane and charged with disorderly conduct—not with violating the alleged “Federal regulation." At the trial, Steve Jacobson told the jury: “All through my life, there were things I was told I couldn't do because I was blind. In college, they said I couldn't take math." (Mr. Jacobson is a computer analyst for 3M.) He went on to say that he kept ignoring all the advice about all the things he couldn't do because he was blind. “I just had to go on," he said. Where he works, he was told not to use the escalator. He could get hurt. He uses the escalator. That day at the airport, “To move from my seat would reinforce all that I've worked not to have happen. To move would say to the other people on the plane that I am less capable than any sighted person to open that emergency door. And that isn't. the case. It just isn't.” As for Nadine Jacobson: “I was scared. I had never been arrested before. I felt really bad that people were angry and upset, and that the plane was being delayed." But still she wouldn't move. “Many times people make assumptions about what we [blind people] can do and can't do. I knew that if I moved from that seat, everyone would think that anyone else was more competent than me. It's an issue of self-respect. I'm a citizen of this country, and a blind person, and I feel I have a right to travel in this country, and if I get assigned a seat, I have a right to sit there." Would the jury have been convinced solely by what the Jacobsons said? I don't know. But I expect they listened with much interest to testimony by Mark D. Warriner of Frontier Airlines, who said his company had stopped discriminating against blind people as a result of a March 1985 evacuation drill by World Airways, which showed that blind people—real blind people—got out during an emergency faster than sighted passengers. The Jacobsons were acquitted. The verdict, said Nadine Jacobson, was “a step forward for blind people all over the country." Footnote: None of the police officers or the security personnel involved in arresting the Jacobsons would give them their names. Without the names, the Jacobsons could never identify them, ho-ho. But an attorney sitting in front of the Jacobsons on the plane handed them a piece of paper with one of the names, and that led to others being revealed. The stories about the Jacobsona and the woman trying to get a hotel room originally appeared in The Disability Rag in somewhat different form. There is nothing like that paper in the whole country. It covers the whole disability rights spectrum—from what‘s happening in the courts to the directions being taken by groups of nonviolent resisters. It publishes memoirs, jeremiads, parodies, and material for which there is no category. It is the liveliest publication I know. It has grace and beauty and fury. It costs $9 a year, from The Disability Rag, Box 145, Louisville, Kentucky 40201. You have a choice of print, cassette tape, or large-print edition. We shall be getting back to public transit, along with education, jobs, and stereotypes of people with disabilities in movies and television as well as in print. The importance of access to buses and other forms of transit has been distilled by Wade Blank of ADAPT: “Jobs and education don't mean much if you can't get a bus to take you there. Accessibility to public transportation—moving from one place to another—should be a right, not just a consumer service." Recently, Wade Blank was telling me how, because of ADAPT and the pressure it keeps putting on, 78 per cent of the buses in Denver, where ADAPT is based, are now accessible. Soon, with 200 new buses on order, all of them with lifts, people with disabilities will be able to ride 90 per cent of the Denver buses. Already, Blank said, this access means a lot. “I know a man with cerebral palsy," Blank continued. “He has no use of his legs or arms. He can't speak. But now, with the buses accessible, he can ride around and see the sights and come to our offices. He can move where and when he wants to in the Denver community." He's no longer closed away. In Dallas, Kataryn Thomas, 57, was arrested last month during an ADAPT demonstration against the recalcitrant Dallas Area Rapid Transit Authority. She was born with spina bifida, uses a wheelchair, has worked as a receptionist, and when she was busted, a bright orange flag connected to the back of her chair fluttered in the breeze. The words on it were: “Free Spirit." “l don't have to climb any mountains," Kataryn Thomas told the Dallas Times Herald. “I just want to ride the public transit.”
ADAPT (159)
Colorado Springs Sun PHOTO (by Mary Kelley): Close up of protester Beverly Furnice's angry face as she reclined in her wheelchair, holding a poster in her fists, which reads "Accessible Bathrooms Now!" Caption reads: Beverly Furnice holds a sign explaining one of the reasons she and other disabled people were picketing a local McDonald's Restaurant Friday. [Headline] Officials Defends McDonalds' Record By Ken Warren, Colorado Springs Sun McDonald’s Restaurants is the industry leader in providing barrier-free access to the disabled, a top official of the corporation said Friday. Robert L Keyser Ill. national director of media relations, rejected as “false" and “inappropriate" charges made by a group of wheelchair bound protesters that McDonald's discriminates against the handicapped. “We think we're the leader in the industry in barrier-free accessibility”, but there are always things we can learn, " Keyser said, watching protesters picket the McDonald's Restaurant at 207 N. Wahsatch Ave. As discussed, six weeks ago, he said, McDonald's plans to meet next week with representatives of the Denver-based Access Institute to discuss their concerns. “We want to listen. We also want them to learn a little more about McDonald's because we're committed to the community." Asked about the potential impact of the second protest against McDonald's in as many days on upcoming talks, Keyser said, "It's certainly not a sign of the good faith" in which we’ve been trying to deal with them in Denver." "He suggested "that the group had targeted McDonald's because of its size and visibility. “We clearly think it's not appropriate, but "they've done it, and we're going to speak proudly about our record." Keyser said ‘McDonald's had been striving since the 1960s to meet the needs of the disabled with ramps, drive-through lanes and other special accommodations. Robert Conrad, a protester confined to a wheelchair because of cerebral palsy criticized McDonald's for failing to do more to make their 6,400 restaurants accessible to the disabled. “We've tried to negotiate with McDonald's, but all they want to do is dialogue," he said.