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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 (300)
Southwest Economist Newspapers Sunday, October 5, 1986 page 9 [Headline] Disabled will protest transit system barriers By J. Carole Buckner, staff reporter Chicago – Southwest sider Dennis Schreiber left for Detroit Friday knowing he faced a fair chance of being arrested there for civil disobedience. He was looking forward to it. In the rain-soaked parking lot of Our Lady of the Snows School, 48th St. and Leamington Ave., Schreiber said he told his wife Jackie that the trip is "a dream come true." Schreiber, who is blind, almost completely deaf and partially paralyzed, left with about 30 other handicapped persons, some coming as far away as Denver, Colorado, to protest at the American Public Transit Association's annual convention. For the past three months, Schreiber's group, Disabled Americans for Equality (DARE), has raised money to fund a delegation of protesters to go to Detroit, where they planned to hold a legal march to protest mobility barriers on buses and subways. The Reverend Wade Blank, leader of a contingent of protesters from Denver, called American Disabled for Accessible Public Transportation (ADAPT), said the group's parade permit was revoked this week by Detroit Mayor Coleman Young. Despite the lack of a parade permit and potential for arrests, the disabled group plans to go ahead with it's march, aware of the publicity value to be gained with photos of police dragging wheelchairs into paddy wagons. The groups position, said Schreiber, is "that we want equal access to public transportation and all public facilities" Specifically, the protesters want transportation systems throughout the U.S., especially in cities such as Chicago, to be equipped with lifts for wheelchair users. Mark Mactemes, 37, said he is going on the six day journey and demonstration because he needs to use regularly scheduled public transportation to work. The Oak Forest resident has multiple sclerosis. "I graduated college in 1985 and cannot find a job because I can't drive to work and must rely on public transportation." The CTA offers bus service for the handicapped called Dial-A-Ride, "but you must call eight hours in advance and buses (minivans) only run until 10 PM," Jackie Schreiber said. The CTA subcontracts the service to four companies. In the past, CTA officials have refused to install wheelchair lifts on buses, saying the cost is prohibitive. Blank, said similar reasons were given in Denver, but after sustained efforts by handicapped groups, all the cities buses were equipped with lifts. The result has been an increase in handicapped ridership, from a few hundred to 2000 riders per month, he said. Blank said famed 1960s civil rights protester Rosa Parks is scheduled to March with the group on Sunday. In all, more than 300 handicapped persons, mostly in wheelchairs, or expected to demonstrate in Detroit, Blank said.
ADAPT (42)
The Denver Post? [Headline] Atlantis Residents Train for Hot Line Handicapped persons residing in the Atlantis Community in Denver are being trained to man a telephone hot line to respond to the emergency needs of all the disabled in Denver. Wade Blank, Atlantis co-director, said the hot line -- soon to be put into service -- is being funded by the Colorado Vocational Rehabilitation Division. [Subheading] FURNITURE GIVEN In other developments at Atlantis, the Denver Hilton Hotel ls donating furniture for the apartments in which the handicapped persons reside at the Las Casitas Public Housing Development here. The furniture is being made available by the hotel as the result of remodeling of some of the Hilton’s rooms, Blank noted. Atlantis ls a nonprofit organization which began operations last spring to offer the handicapped the opportunity to live in apartments so that they might attempt to realize their full potential. Blank also said the IBM Corp. in Denver, through its staff member Burt Lipell, donated a new washer and dryer to Atlantis. This equipment is operated by George Roberts, one of the Atlantis residents. The Denver City Council, Blank said, is being asked to appropriate $2,000 for installation of sidewalks among all the Atlantis apartments before winter comes. Atlantis has received three new electric wheel chairs and one manual chair through the efforts of Dr. James Syner of Medicaid’s special Medical Equipment division. [Subheading] COMMUNICATIONS A communications system also ls being planned among each of the apartments at Atlantis. And one of Atlantis’ most severely disabled residents is the coordinator of a wheel chair van which Atlantis leases from this resident, Blank said. This project also is funded by the rehabilitation division. Five Atlantis residents are attending local schools or colleges - one resident attending Metropolitan State College, one at Red Rocks School, two at Boettcher School and one at Opportunity School. PHOTO on bottom: Side view of a man's (Wade Blank) head, with below the shoulder long straight blondish hair, clean shaven, and wearing round glasses and a dark shirt. Caption reads: Wade Blank, The Disabled. Next article on right Disabled Helped by Wirth's Compassion To the Denver Post: IN A RECENT LETTER to the Forum (April 27), Rita Jackson complained that Representative's Wirth office is not accessible to the handicapped "via the front door." A partial truth can be a big lie, and the whole truth should be told. It is true that the front door is hard to negotiate in a wheelchair, but the office building is accessible from the rear, which is where the parking lot is located. Here, as in many office buildings, the "rear" is the normal, preferred building entrance, and as no "second class" connotations. What is more important, Tim Wirth is not the kind of ivory tower legislator who hides in his office and expects the world, disabled included, to bring its problems to him. Tim Wirth constantly leaves his office, goes out into the community, and talks to the people about their problems in their own environment. The disabled have often been helped by his blend of energy and compassion. Atlantis has found that Tim Wirth's heart and mind are always accessible, and that is what counts. Atlantis' Residents - Carolyn Finnell, Darrell Clark, Jackie Nielsen, Jean Joyce, Delbert Spotts, Jim Lundvall, Gary Van Lake, George Roberts, Will Cornelison, Alex Chavez Denver AD in a box: The Perfect Gift... "Companions" A book of unusual poetry by Michael Smith. Available soon at local book stores (All proceeds, after printing and selling costs, will go to the Atlantis Community for the handicapped in Denver.) PHOTO: Close-up of a man (Michael Smith) with long hair and dark mustache and beard looking up soulfully from a bed. Someone, mostly out of the picture, is looking down at him.
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[Headline] 7 Arrested as Handicapped Protest at Fast-Food Outlet By Jim Kirksey Denver Post Staff Writer Denver police arrested seven persons – six of them handicapped – during a demonstration at a near-downtown Denver McDonald’s Restaurant Thursday. Wheelchair-bound demonstrators from Denver’s Atlantis Community Inc., which represents disabled people in the area, blocked entrances to the parking lot at the McDonald’s at East Colfax Avenue and Pennsylvania Street beginning about 11:0 a.m. to protest the lack of access to the restaurant for the handicapped. All of the arrests were based on traffic-obstruction charges. Police estimated there were about 20 demonstrators, but leaders of the demonstration estimated the number at 30 to 50. Richard Male, an organizer with the Community Resource Center, said the protesters want three things: access for the disabled to McDonald’s current restaurants, such access to be constructed at all new McDonald’s restaurants, and for the fast-food company to advertise its welcome and accessibility to the disabled. Joe Carle, 45, a community organizer at the Atlantis Community and one of the leaders of Thursday’s demonstration, said the point at issue is what he termed McDonald’s failure to live up to agreements made by the company in negotiations last month. He said McDonald’s officials met in Denver with members of the Access Institute, a national organization for the handicapped with which Atlantis is affiliated, following similar demonstrations at two McDonald’s restaurants in Denver in May. Organizers said McDonald’s agreed at that time to a June 19 meeting in Denver with a negotiating team from the institute. Carle said McDonald’s agreed to pay the costs of the Access Institute negotiators to return to Denver and to send a restaurant official with the authority to make an agreement. Now, according to the leaders of the local disabled group, McDonald’s says it won’t pay the transportation costs of the group’s members and won’t confirm that a representative with the authority to make an access agreement with the group will attend the meeting. The manager at the restaurant refused comment and a corporate spokesman for McDonald’s in Chicago didn’t return a telephone call to comment on the demonstration and the allegations. Sgt. Roy Clem of the Denver police said those demonstrators who were arrested had refused to get out of East Colfax Avenue, and they were arrested for obstruction of traffic. The one non-disabled person was arrested when she jumped in front of a car to block its path in support of the demonstration, Clem said. Detective George Masciotro identified those arrested as: Lori Eastwood, 26, of 1222 Pennsylvania St., who isn’t disabled; Donna Smith, 32, of 236 S. Elliot St.; Robert W. Conrad Jr., 35, of 750 Know Court; George Roberts, 36, of 1255 Galapago St.; Lawrence Ruiz, 30, also of 1255 Galapago St.; Terri Fowler, 28, of 3202 W. Gill Place; and Michael William Auberger, 29, of 1140 Colorado Blvd. Masciotro said they were booked into jail, then released on personal recognizance bonds.
ADAPT (427)
Title: WHEELCHAIR TRANSIT BUSTED English Cultural Tabloid, Oct 7, 1988, p. 8 by KRISTIAN GRAVENOR Montreal's handicapped community is hoping that getting arrested will succeed where letters and phone calls have failed to improve its transit service. About 50 activists were arrested after blocked traffic along Rene Levesque, disrupting the Queen Elizabeth Hotel conference, and demonstrating at the Sheraton hotel, where members of the American Public Transit Association (APTA) were staying for an annual convention from October 1-5. The local disabled population teamed up with the American Disabled for Accessible Public Transit (ADAPT) in protesting against APTA policy. ADAPT has organized civil disobedience at all APTA conferences for the last five years, with last year's convention in San Francisco resulting in over 70 arrests , while a regional conference in St. Louis led to the arrest of over 40 activists. Stephanie Thomas of ADAPT says that the enmity towards the transit group dates to the late '70s when the U.S. government passed a law which decreed that all new public transit vehicles must be accessible to the handicapped, but APTA lobbying had the law overturned. Thomas, who has been active in each of the protests against APTA, refuted the organization's claim that making transit accessible is expensive and impractical: "A lift on a bus only increases its cost by about 10 per cent, which would be made up as it eases the cost on the separate transportation system for the disabled." Montreal's transit authority (MUCTC) is a member of APTA and has failed to make new buses or subway stations accessible to the disabled: A separate service for the disabled has existed since 1980. This system, according to Francois Gagnon of the Quebec Movement of Handicapped Consumers, is deteriorating. "The Quebec government has ordered that the separate service maximize its use," he says, "and since then, one complaint I received was from a man who gets picked up for work at 7 AM and is delivered to his job at 9:45 AM." Gagnon, whose organization encouraged the disabled community to take part in the protests against APTA, argues that economics and demographics prove that now is the time to make the system accessible. "By the year 2000, 25 per cent of Quebecers will be senior citizens, many of whom will be handicapped, and the longer it is delayed, the more expensive the transition will become." For many disabled, the real issue is the right to enjoy transit facilities made for the rest of society. The protests are an attempt to end the separate transit systems. Stephanie Thomas stresses that ADAPT is not demanding that existing vehicles be modified, only that new equipment should be accessible to the disabled. Thomas is encouraged by the results of the protests. 'We have been active lobbying, and nothing was ever done. But since we started protesting, it has become a major issue. Slowly, cities such as Phoenix, Atlanta, Dallas, Syracuse, and Chicago are changing to accessible transit." Montreal may yet be able to join that list. The End
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.”
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[Headline] Wheelchair lifts required on all new transit buses Denver Post Staff and Wire Reports PHILADELPHIA -- Advocates for the disabled Tuesday 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 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. The ruling apparently will have no impact on the Regional Transportation District in Denver, which already has a handicapped accessibility policy that mirrors requirements outlined by the appellate court, an RTD official said. RTD spokeswoman Diana Yee said 80 percent of the system’s 750-bus fleet is wheelchair lift-equipped. Additional service is supplied by a 16-vehicle paratransit program called Handi-Ride that uses vans and small buses to respond to individual transportation requests. RTD also is requiring private operators; soon to takeover 20 percent of the system’s routes, to use buses equipped with wheelchair lifts. James Fornari, a New York City attorney for a group of veterans with spinal-cord injuries, said the court ruling will force transit systems to look for the most efficient means of serving disabled people. “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. Engelken said his association’s board, which comprises the heads of transit agencies. across the nation, believes agencies should be able to decide on a local basis how best to serve disabled people.
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The Handicapped Coloradan, October 1984 [Headline] McDonald’s Statement Called “Unacceptable” The response by McDonald’s to demands by wheelchair protestors that the fast food chain improve the accessibility of its restaurants was described as unacceptable by a spokesperson for the Access Institute. Wade Blank said that Access was contacting McDonald’s again and if the company’s response did not improve his organization might well return to the picket lines. Starting in June, Access picketed McDonald’s restaurants in Denver, Colorado Springs, Cheyenne, Wyo., El Paso, Tex., Syracuse, N.Y., and Kansas City, Mo. Demonstrators were arrested in Colorado Springs and at one of the Denver demonstrations. At an Aug. 17 meeting, McDonald’s representatives warned Access that if the protests continued, the fast food chain was prepared to take demonstrators to court. At that meeting, McDonald’s suggested that it would be willing to remodel restaurants owned by the company, but that it did not have the power to order individually owned franchises to follow suit. Company representatives estimated that the retrofitting operation would affect some 2,200 of the more that 7,700 McDonald’s across the country and would cost between $3 and $5 million. At a second meeting a week later, McDonald’s seemed ready to make further concessions and promised to issue a policy statement in September. Blank said he had expected that statement to satisfy many of Access’s demands. Instead, McDonald’s response took the form of a memo from its vice president for national operations to regional managers and vice presidents, outlining the company’s record on accessibility and listing the standards the company suggested its licensees follow. Blank said the memo shows that McDonald’s is “not really serious about what they’re doing.” In fact, he said, Access did not receive a copy of the memo and had to ask McDonald’s for one. Throughout the discussions, McDonald’s has argued that it would not bow to pressure and that the company’s record on accessibility was a good one. The memo, dated Sept. 12, 1984 and written by Tom Glasgow, reaffirmed that position. Glasgow said that since 1979 McDonald’s has been following accessibility guidelines set by the American National Standards Institute (ANSI) for its company-owned (McOpCo) restaurants as well as its licensed operations. “Currently with in excess of 2000 McDonald’s restaurants accessible to wheelchair users, we are the leaders in this area in the quick service restaurant industry and, indeed most probably, in any segment of the food service industry,” Glasgow wrote. Glasgow listed four minimum accessibility standards that were followed by McOpCo owned restaurants. “Parking Spaces-Special parking located as close to the building as possible (striping according to ANSI). In addition, vertical signage making these spaces even more obvious is being installed. “Ramps/Curb Buts—Convenient as possible to special parking (per ANSI specifications). “Table Access—Although table heights at McDonald’s restaurants meet or exceed ANSI standards we need tables which wheelchair users can easily use. Movable seating is preferred. “Rest Rooms- These will be made accessible as remodeling becomes necessary and affordable. Restaurants not currently planning to remodel should make modifications such as installing grab bars and widening stalls to make these facilities more functional for wheelchair users when possible.” However, Glasgow pointed out that since licenses own three out of every four stores system wide, area managers and vice presidents could only recommend that these standards be followed. Table access has been one of the Access Institute’s major goals in their dealings with McDonald’s. Currently, most if not all McDonald’s restaurants use seating that is physically attached to tables, making it impossible for a person in a wheelchair to use a table without blocking the aisle. The Access Institute had also asked that McDonald’s use people with disabilities in at least 10 percent of its ads. That issue was not addressed in the memo. The memo made no mention of the Access Institute or the pickets. Glasgow concluded by saying, “Accessibility has been something we as a corporation have been committed to for years. Our efforts are not new. Our commitment is not new. We expect this commitment will be continually reinforced through action.” However, so far that commitment seems not to have impressed wheelchair users. The executive board of the Colorado Coalition for Persons with Disabilities recently passed a resolution calling upon members of the 50 or so organizations it represents to boycott McDonald’s until the company makes a stronger commitment to accessibility. McDonald’s size and reputation were why the company was singled out by the Access Institute, according to Blank. He said if McDonald’s agreed to their requests then other national chains would follow suit.
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[This continues on ADAPT 2 and 3, but the entire text has been included here in ADAPT 1 for easier reading.] [letterhead] Atlantis Community Inc 2965 west 11th avenue denver colo 80204 303 893 8040 [Headline] The Atlantis Story In June of 1975, Atlantis was born as an alternative to the lives that young disabled persons were being forced to endure in nursing homes and state institutions. Early in 1974, a group of concerned disabled people and able-bodied allies began educating themselves to the plight of the young disabled adult. They found that the majority of these young people (some as young as twelve) who were living in nursing homes were virtually trapped in a stagnating, paternalistic prison where civil rights were blatantly violated, medical care was poor and impersonal, and individual initiative and self actualization were hostilely discouraged. The group that later became Atlantis began looking for alternatives to the prejudiced, dehumanizing lives these young people were seemingly doomed to continue. The first attempt was to create a special youth program in a nursing home, the object of which was to provide normalizing educational and social experiences. The program was to a large degree successful in terms of individual liberation, but it soon became apparent that the humanistic goals of the Atlantis group were in direct conflict with the profit making motivation and paternalistic traditions of the nursing home industry. It was then that the Atlantis Early Action Project was conceived - early in 1975. The goals were clear: to allow every disabled individual, regardless of the extent of her/his disability, the same rights and responsibilities of their able bodied peers - the freedom to choose a lifestyle and fulfill personal goals in education, employment, and personal growth, and freedom from a punitive traditional system that stigmatizes the disabled and segregates them from the mainstream of society. The planning started in January of 1975. Public housing units were leased from the Denver Housing Authority in the Las Casitas Development. Funds from the Colorado Division of Vocational Rehabilitation were secured to renovate the apartments and make them accessible to wheelchairs. In June, the first eight residents moved in. All were former 'patients’ in nursing homes, all had the courage and the desire to live on the outside. In a little over two years, Atlantis has grown from eight residents and a volunteer staff to an attendant staff of forty individuals and forty participants/residents. Seventeen of the residents presently live in the Early Action site, which has become a transitional living center, the remainder live in private sector apartments throughout the city and receive services from Atlantis. Traditionally the young disabled person has been denied the right to an adequate education or meaningful employment and has been sent to nonaccredited, segregated ‘special’ schools or to sheltered workshops to count fish hooks or untangle old phone cords for five cents an hour. Those who reside in nursing homes are often provided with no programming at all. At Atlantis, we try to assist the individual in fulfilling whatever goals s/he outlines. At the present time, residents are attending Denver Opportunity School, Boettcher School, and several of the area colleges. In addition, a constitutional law suit has been initiated by an Atlantis resident in an attempt to change existing laws which deny equal educational opportunities to the disabled. With funds from the Denver Opportunity School, Atlantis operates an Adult Education Center which offers individualized courses in remedial basic skills, speech therapy, and Braille. In an employment and basic life enrichment program financed by the Colorado Division of Vocational Rehabilitation, Atlantis provides a variety of employment opportunities to disabled persons and seeks out employment possibilities in the Denver-Metro area. In keeping with the Atlantis Charter, fifty percent of all positions at Atlantis are occupied by disabled individuals. Our experience has shown that merely providing housing and attendant services does not fully equip the disabled person coming out of an institution to lead an independent, self-directed life. For this reason, special programs have been initiated to aid residents in acquiring the skills necessary to take responsibility for their own lives. Home Training Classes, where residents meet in seminars and share ideas and skills, are held to teach how to organize and maintain an apartment. A Consumer Advocate teaches residents how to perform their own consumer activities such as budgeting money, using a checking account, and buying food and clothing. Other advocacy services available include a twenty four hour a day Crisis Hotline, a Financial Coordinator who assists individuals in getting their public assistance benefits, a Housing Information Service, a Legal Advocacy Service, and a Counseling Referral Service. Disabled persons are not 'sick' people. They do not require a 24 hour a day medical staff of nurses and aides to supervise their personal needs and social activities. What is needed is a consistent source of reliable assistance when they want it. In an attempt to break the traditional concept of home health care - Atlantis hires a pool of professionals who are trained and supervised by a Rehabilitation R.N. Attendant assistance is scheduled as it fits into individual routines and responds to individualized needs. Emphasis in health care is on teaching people to monitor their own - to be aware of their particular needs and be capable of getting those needs filled either self—sufficiently or with assistance. Staff is available on a twenty four hour a day basis in case an emergency arises, and can be reached by a call to the Crisis Hotline. The resident is responsible for scheduling baths, meals, etc. There are no rules governing any individual's mobility or social life. We uphold the right of the disabled to take responsible control over their own lives. Disabled people do have special medical needs. Nurses, attendants and physicians who work with them should have this specialized knowledge. The Atlantis attendant staff is trained in areas of special health concern such as skin, bladder and bowel care, and routine medical needs. Atlantis makes full use of existing medical facilities, primarily the Denver General Health System. We are oriented toward rehabilitative activities and any person who has the desire for rehabilitation is given the opportunity to explore it. Many who were diagnosed at an early age as unrehabilitatable have shown tremendous progress when allowed access to therapists and equipment. It is our belief that any disabled person should have the right to choose where and how s/he wants to live. We believe that the same monies that are provided to house someone in an institution should be made available to those who wish to live independently. We are working to this end. At the present time, an institution in Colorado receives upwards of $600.00 a month in tax money to provide custodial care for a ‘patient’. That same person, once out of an institution, is eligible for maximum public assistance Payments of $402.00 a month to support her/himself and purchase attendant services. Many receive less than the full amount. We can find no valid justification for this huge discrepancy which results in the taxpayer supporting the highly lucrative nursing home industry and discourages the disabled and elderly from pursuing independent and meaningful lives. Our philosophy envelopes the ideas of individual liberty and opportunity, and we are aware of the process that must take place. Liberation from the stagnation of institutional life needs to be coupled with a viable process by which disabled persons can integrate themselves into society as self-fulfilled, independent citizens. It is our hope at Atlantis that by bringing disabled persons together, they can, through shared energy and experience, teach and support each other in achieving freedom and growth.
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Courier Journal, Louisville, KY PHOTO (staff photo by Paul Schumann): A dark paneled office with official looking pictures and places on the walls, is full of people in wheelchairs, and a couple of people standing at the back of the group. Those in wheelchairs (ranging from manual chairs to motorized ones appears to be listening. To the right of the picture a man in a white shirt and tie is standing with his arms crossed looking down at some of the people in wheelchairs. In the center of the front of the picture a man with a short pony tail (Arthur Campbell) talks to the man standing. To his left a woman in a chair (Ann ____) looks on. Caption reads: Assistant U. S. Attorney Terry Cushing talked to members of disability-rights groups yesterday as they held a sit-in in the lobby of the U. S. attorney’s office. [Headline] Advocates of disability rights hold sit-in in support of transit ruling By CLARENCE MATTHEWS Staff Writer About a dozen members of disability-rights groups held an impromptu sit-in in the lobby of U.S. Attorney Joe Whittle’s office in Louisville in support of a federal court ruling that public transit must be accessible to disabled passengers. The sit-in was orderly, and the group left about three hours after entering the office. A 3rd U.S. Circuit Court of Appeals panel ruled 2-1 last month that lift-equipped buses are part of Congress‘ mandate to make public transportation more accessible to the disabled. The court also ordered the U.S. Department of Transportation to rewrite regulations that let cities offer the disabled alternative services, such as van rides. It said the 24-hour reservations required for such services hinder use of mass transit. Representatives of local disability-rights groups began demonstrating at ll:30 a.m. outside the Federal Building at Sixth and Chestnut streets. They formed a noon-hour caravan of wheelchairs for the trip to the U.S. attorney's office on the 10th floor of the Bank of Louisville building at Fifth Street and Broadway. Demonstrators asked that the U.S. attorney call John Sununu, the White House chief of staff, to tell President Bush to instruct federal officials not to appeal the decision. When told Whittle was ill, the demonstrators asked to meet with an assistant. Arthur Campbell Jr., a spokesman for the group, told Assistant U.S. Attorney Terry Cushing, “This ruling; gives us the freedom that the rest of society takes for granted." Cushing promised to pass their request on to Whittle. "Can’t you do that now?" a demonstrator asked. Cushing said he couldn't because someone was waiting in his office, but promised to do it later. “We’ll wait until Monday if necessary," another group member said. They left about three hours later, after Cashing called Whittle and several members of the group spoke to him. "He (Whittle) asked me to take some additional information from them about the case. and they left," Cushing said. The demonstration was part of a nationwide observance sponsored by American Disabled for Accessible Public Transportation, a plaintiff in the federal Court case, and other disability rights groups.
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Gazette Telegraph PHOTO (by Bob Jackson/Gazette Telegraph): A plainclothes officer (a radio in his pocket) and beefy uniformed officer tip Frank McComb back in his manual wheelchair as they load him into a van. The plain clothes guy puts his hand on Frank's head (to prevent bumping it). In the shadows inside you can see another officer crouching next to another wheelchair at the back of the van. The wheelchairs in all these pictures are very old style; the would even look outdated in an airport or hospital now. Caption reads: Frank McColom [sic] of Denver is arrested outside the Wahsatch Avenue McDonald's and placed In an Amblicab by Colorado Springs police. McColom was protesting what he sold was McDonald's lack of access for the handicapped. [Headline] Handicapped arrested at McDonald’s By Chris Cobler, GT Staff Writer Colorado Springs police arrested 11 people protesting what they called a lack of accessibility for the handicapped at McDonald's restaurants Friday. The protest, at McDonald’s downtown restaurant, 207 N. Wahsatch Ave., was part of a nationwide action involving the fast food chain. [The page is torn here. Missing words are filled in in brackets, where possible.] The protest was the second in two days by about two dozen wheelchair-bound members of the Access Institute, a Denver based national organization for the [handicapped.] Denver police arrested [several people] Thursday in a similar protest [at another] McDonald’s restaurant there. [The demonstrators] wheeled their chairs [...] entrances to the parking lot at [the Wahsatch] Avenue McDonald's about [....] Police arrested the 11 an hour later on suspicion of obstruction of traffic when they refused to move from a city alley behind McDonald's. “The plan today is to make people aware that McDonald's doesn't have a national policy of accessibility,” said Bob Conrad, a community organizer QC the Atlantis Community in Denver, which is affiliated with the Access Institute. Conrad said the the protesters are seeking three changes at McDonald's: remodeling of existing restaurants for access for the disabled, such access to be constructed at all new restaurants and for the company to include disabled people in 10 percent of all its advertisements. Robert Keyser, director of media relations for McDonald‘s Corp., Oak Brook, Ill., said in Colorado Springs Friday that his company has talked with Access Institute for the past six months and planned to meet with the group Tuesday in Denver. The protests of the past two days are not a show of good faith by the group, Keyser said. McDonald’s is eager to learn from the group about ways to improve its restaurants, but is not prepared to immediately satisfy all requests, Keyser said. “I think it's irresponsible to make demonstrations without being as completely educated as possible about the way a major company like ours does business," said Keyser, who flew to Colorado Springs Friday from the McDonald's corporate headquarters near Chicago. “It’s going to be a two-way dialogue." Representatives of the McDonald's franchises in the Springs area declined to answer questions about the dispute and See 11 ARRESTED Page A2
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The Boston Herald, Thursday March 23, 1989 [Headline] Transit offices targeted for disabled protests [Subheading] Activists to show support for access decision By TOM SQUITIERI WASHINGTON — Activists for the disabled will picket federal mass transit offices in Boston and at least nine other cities tomorrow in a national show of support for a court action that could mean greater transit system access for the handicapped. The planned protests follow a U.S. Court of Appeals decision striking down federal Department of Transportation regulations permitting local transit systems to provide services to disabled persons only if advance reservations are made. The court also ordered that new transit buses bought with federal money be accessible to the disabled, required some level of transportation be provided to those not able to use buses and struck down a cap that now places a state or transit system in compliance with the law after spending 3 percent of its operating budget on disability needs. "We are very hopeful the (Bush) administration will not appeal the ruling. This is the first decision this administration has to make on disability issues. and the national-disability community will be watching closely," said Timothy Cook. director of the National Disability Action Center, a Washington-based advocacy group. The Justice Department reportedly is reviewing a possible appeal. Throughout the 1988 campaign, Bush advocated bringing the disabled more fully into society, but the White House had no comment on a possible appeal. The court ruling only affects new buses purchased and does not require retrofitting of existing vehicles — although Cook said the "logic of the ruling" should extend to newly purchased commuter rail cars or renovated stations. Bush also is being pressured by congressmen —- including the Massachusetts delegation, which sent him a letter this week — not to appeal the decision. “If allowed to stand, this court ruling would help reduce many of the transportation barriers which face our disabled neighbors. It would accomplish this goal as intended by Congress and without undue expense to state and local governments," said Sen. John Kerry (D-Mass.).
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Rocky Mountain News - Fri., July 27, 1990 Mayor vows action on accessibility law Pena says city will help businesses comply By Ann Carnahan, Rocky Mountain News Staff Writer Denver Mayor Federico Pena promised yesterday to help business owners comply with new legislation requiring them to make offices and stores accessible to the disabled. Facing a roomful of people in wheelchairs, the mayor said he would review the city's permitting system to eliminate “unnecessary obstacles” that owners could face in making modifications. “We don't want to be a stumbling block,” Pena said. “We are evaluating the full range of options available . . . everything from making adjustments to fees to making adjustments to other criteria we have.” A recent University of West Virginia study showed that the average job accommodation cost is less than $500, officials said at the press conference. President Bush yesterday signed into law a measure barring discrimination against 43 million Americans who are disabled or have AIDS. Within two, years, businesses must be made accessible to disabled workers and customers. Public accommodations must comply within 18 months. “There are going to be some in the private sector who will argue that this costs too much, that this is an unfair burden," Pena said. “I say we are losing money because we have . . . Americans who cannot participate fully in the economic life-stream of this country because our buildings are not accessible." Denver has a reputation among the handicapped of being one of the most accessible cities in the country, said Laura Hershey, director of the Denver Commission for People with Disabilities. Prior to yesterday, modification requirements applied only to federal programs, Hershey said. But in Denver, all public buildings constructed since 1983 must be accessible to the handicapped. High spirits marked the press conference yesterday in Pena’s office as the mayor congratulated the disabled who have lobbied many years for this legislation. “This is freedom. It's acceptibility,” said Sueann Hughes, who has multiple sclerosis. “For the first time in a long time, we don't have to worry about being discriminated against." Pena also outlined several other steps the city is taking to help the disabled: * Co-sponsoring - a conference on April 30, 1991, that will address the new law's impact on Colorado. * Examining the city's employment system to determine whether there are ways to recruit and hire more people with disabilities. * Stepping up the city's curb ramp construction program with increased funds under the bond issue projects.
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Rocky Mountain News Photo by Rocky Mountain News staff photographer David L. Cornwell: An officer pushes a man in a motorized wheelchair [George Roberts] across a wide brick sidewalk, as 2 buses and a car go by on the downtown street. Further up the sidewalk 2 other uniformed officers are standing and even further down, a motorcycle policeman. Caption reads: Officer Gerald Fitzgibbons pushes George Roberts from scene of Friday's demonstration. Roberts and Renate Rabe were arrested in protest. Pena staff to mediate RTD tiff with handicapped By JOSEPH B. VERRENGIA Rocky Mountain News Staff Writer As handicapped demonstrators blocked Regional Transportation District buses with their wheelchairs for the second straight day Friday, Mayor Federico Pena's staff stepped in to referee a growing dispute over broken wheelchair lifts. “Perhaps part of the ultimate answer will be to allow the disabled community to be part of the decision-making process," Pena aide Dale Sadler said Friday. “What we're hoping for now is to get everyone to talk." But Sadler could only watch as Denver police quickly arrested George Roberts and Renate Rabe as the pair rolled their wheelchairs in front of an RTD bus at 17th and California Streets at 12:25 p.m. Roberts and Rabe were the second and third members of the militant disabled-rights group known as ADAPT to be booked into city jail in two days in connection with obstructing a government agency and blocking traffic. Mike Auberger of Denver was arrested Thursday at the intersection of East Colfax Avenue and Cherry Street when he rolled his wheelchair in front of a bus with a broken lift. Auberger, who was jailed for about three hours, is scheduled to appear in Denver District Court March 12. He faces $250 in fines. Roberts and Rabe were released Friday afternoon. Roberts is scheduled to appear in court Feb. 25. Rabe is scheduled to appear March 15. ADAPT protesters have vowed to block buses at busy intersections throughout the six-county transit district for 80 days — or until the RTD board of directors agrees to spend $753,059 budgeted to fix the balky electrical systems on 303 lift-equipped buses. RTD has one of the nation's most accessible public transit systems with lifts installed on about half of it's 750-bus fleet. However, disabled passengers complain that they frequently suffer frostbite in the winter as four or five buses with broken lifts pass them. They said they have a right as taxpayers to ride regular bus service, rather than plan their lives days in advance around the limited schedules of van services. “A wheelchair lift on a bus means a disabled person can live wherever he wants and shop wherever he wants," Auberger said. “The (RTD) board doesn't have the right to tell me where to live and shop. They might as well put me back in a nursing home." The demonstrators offered to cancel Friday's rally in exchange for a meeting with RTD General Manager Ed Colby. RTD officials said Colby had taken the day off Friday, but agreed to meet with the protesters minutes before their scheduled protest. That wasn't good enough, ADAPT leaders responded. “Colby had all last night and this morning to respond to us,” said Wade Blank, an able bodied demonstrator who organized the protests. “He was just a little late." RTD board members will discuss the transit agency's handicapped access policy for the handicapped and its lift repair record Tuesday at a committee meeting.
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Rocky Mountain News [Headline] Changes at two-story McDonald’s satisfy activists By: Jay Croft, Rocky Mountain News Staff writer Handicapped-rights activists claimed a victory Tuesday in McDonald’s construction of a 750,000, wheelchair accessible hamburger restaurant in Capitol Hill even though company officials said protests weren’t responsible for building the one-of-a kind facility. The restaurant opens at 11 a.m. Saturday. Representatives of Atlantis Community, who last year led protests at the East Colfax Avenue in Pennsylvania Street restaurant, said they are satisfied with the changes. “It’s fantastic,” said Mike Auberger, Atlantis community organizer. “Apparently what we did had some kind of effect.” But officials at McDonald’s, the nation’s largest hamburger franchise, said they tore down the old restaurant because it was “in need of a tremendous amount of repairs,” not because it was inaccessible to handicapped people. Kitchen equipment, air conditioning and drive-through facilities were outdated, said Jim Clark construction engineer. He said the restaurant was 18 years old. Auberger and Clark said the restaurant meets city requirements for handicapped accessibility, which include wheelchair ramps, special parking spaces and access to restrooms. McDonald's also made some tables wheelchair-accessible. Other McDonald's restaurants under construction in the Denver area are scheduled to be accessible also, Auberger said. "They've gone out of their way to prove their point in this city at least." Clark said cost of construction was $750,000. The new two-story McDonald's, with an upstairs atrium and a seating capacity of 200, is “one of a kind” Clark said. “It’s more of a high-rise office design (than other McDonald’s).” It will employ about 100 people, including many of the 70 employees from the old restaurant who want to return, Clark said. Debbie Van Gundy, a six-year employee, will continue as manager. “I love it,” she said. “It’s a great improvement to have a whole new store and equipment.” A “human ribbon” will surround the building, along with 500 $1-bills, said Gary Peck, operations consultant. The money will go to Ronald McDonald House, a home for the families of cancer patients in Children’s Hospital. The opening coincides with the 30th anniversary of McDonald’s in Denver region, which includes Colorado, New Mexico, Arizona, Utah and Wyoming, Peck said. McDonald’s will host an invitation-only part Thursday night. Auberger said Tuesday no one at his office had been invited.. “We’re not exactly friends,” he said. “It’s a comfortable agreement and that’s about all.”