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Heim / Albúm / Merki wheelchair lifts 56
- ADAPT (596)
Page 8-A EXPRESS-NEWS, San Antonio, Texas, Tuesday, February 14, 1939 [Headline] Federal court order could have impact on VIA budget Complied from Staff and Wire Reports INSERTED QUOTE: “ The impact of the majority‘s decision will be very substantial throughout the country and will interfere with the local decision-making authority. I feel the court is overreaching." - Judge Morton Greenberg PHILADELPHIA — A court order Monday requiring the US Department of Transportation to require transit authorities to equip new buses with wheelchair lifts could have a significant impact on the budget of San Antonio's VIA Metropolitan Transit. Attorneys who brought the lawsuit that led to the ruling called it the most important decision ever handed down for handicapped people needing public transportation. Carol Ketcherside, assistant for governmental affairs to VIA manager Wayne Cook, said the wheelchair lifts add at least $15,000 to the cost of a new bus. The average life-time of a VIA bus is 12 years, she said, and when the expense is spread across a fleet of 500 buses, the cost for lifts "would be significant." The $15,000 cost does not include the cost for maintaining the lifts or for refitting bus stops to make them accessible, she said. All bus stops being built by VIA currently are accessible, however. The 3rd U.S. Circuit Court of Appeals said Monday a Transportation Department regulation requiring all new buses to accommodate wheelchairs conflicts with another allowing communities to offer only an alternative service, such as special vans to the handicapped, which VIA offers. The court said a rule requiring reservations 24 hours in advance for use of the alternative transportation hinders the spontaneous use of mass transit by the handicapped. As a result, the court ordered transit authorities to make "reasonable accommodations to their programs, i.e. purchase wheelchair-accessible buses." The court also upheld a controversial decision requiring the Transportation Department to eliminate a cap on the amount of money transit authorities need to spend on making transportation accessible. A federal judge ordered VIA in 1985 to upgrade its services for the handicapped following a class action suit brought in 1983. The bus company's response was to create VIAtrans, a fleet of specially equipped vans that provide service to the handicapped who give advance notice. Ketcherside also said VIA already spends more than the 3 percent maximum the Transportation Department can require for its accessibility programs. "We far exceed the requirements of the federal government" she said. She said VIA will have to wait to see whether the Transportation Department will appeal the ruling or issue new regulations in accordance with the appeals court order to determine how it will affect the transit company. A coalition of disabled people and 12 organizations called Americans Disabled for Accessible Public Transportation (ADAPT) filed the lawsuit last year that led to the appeals court decision. ADAPT contended that a provision of the federal regulations allowed authorities receiving federal transportation funds to exclude the handicapped from "effective and meaningful" access. The provision allows transit authorities to decide among three types of handicapped-accessible transportation: accessible buses, vans for the handicapped, or combination of the two. U.S. District Judge Marvin Katz overturned the provision in cases where the transit authority buys any buses. He also overturned a regulation requiring authorities to spend no more than 3 percent -- of their average annual operating budget on transportation for the handicapped. Katz called the limit arbitrary and said it allowed transit agencies "to eviscerate the civil right" to transit service that Congress mandated for the handicapped. Circuit Judge Carol Las Mansmann in writing the 2-1 opinion also cited Congress' intent. "Congress wanted to provide the disabled with the capability to utilize mass transit to the 'maximum extent feasible.' The DOT has failed to show that requiring the future purchase of accessible buses oversteps this legislative intent." Mansmann wrote. In a dissenting opinion, Judge Morton Greenberg said the section requiring new buses to be accessible was not meant to apply to transit systems choosing paratransit system, such as special vans. He also [said] the 3 percent cap was not arbitrary. “ The impact of the majority‘s decision will be very substantial throughout the country and will interfere with the local decision-making authority," Greenberg wrote, "I feel the court is overreaching." Timothy Gold [Cook] who argued the case before the court, said the ruling was “a major, major victory for the handicapped community ... we can't say enough positve things about it." Gold [Cook], who is now director of the Washington-based National Disability Action Center, said he hoped the ruling would not be appealed in light of President Bush's recent comments about wanting to bring the handicapped into the mainstream." - ADAPT (594)
El Paso Times 2-16-89 Editorials [Headline] Court decision right The 3rd U.S. Circuit Court of Appeals ruling requiring wheelchair lifts on all new public buses has long been needed. The tragedy is that it takes court rulings to force many public operations to provide for the disabled. For once, El Paso is ahead of the order. According to bus system officials, all buses on order will have the lifts, which add about $15,000 to a bus’ price. An average bus costs about $200,000. El Paso's attempts at meeting needs for the disabled — separate minivans and buses — have been far from adequate. Reservations had to be made at least a day in advance and buses often only could be used for the basic necessities, such as trips for food and to the doctor. For a long time, evening rides were not available. People in wheelchairs had to depend on friends to get to a movie, theater or any kind of recreation. And too often, that meant no pleasure trips at all. Credit tor this recent court win goes to the Americans Disabled For Accessible Public Transportation, who filed the class-action lawsuit. El Paso has an active chapter of ADAPT. Its members have not been shy in pointing out barriers. Monday's court victory is an important step in eliminating one of those barriers. - ADAPT (593)
2/89 New York Times [Headline] Court Orders Buses Fitted for Handicapped PHILADELPHIA, Feb. 14 (AP) - A Federal appeals court ordered the Department of Transportation on Monday to require transit authorities around the country to equip new buses with wheelchair lifts. In its ruling, the United States Court of Appeals for the Third Circuit, in Philadelphia, said another Transportation Department regulation allowing communities to offer the handicapped services like special vans hindered the spontaneous use of mass transit by the disabled. The court also upheld a decision requiring the Transportation Department to eliminate a 3 percent limit on the amount of money transit authorities must spend to make transportation accessible. The lawsuit, filed by Americans Disabled for Accessible Public Transportation, a coalition of disabled people, and 12 organizations, attacked a provision of the Federal regulations on public transportation that allows local authorities to offer people in wheelchairs transportation in buses, special vans or a combination of the two. Judge Carol Los Mansmann of the appeals court, writing the 2-to-1 decision, said, "Congress wanted to provide the disabled with the capability to utilize mass transit to the ‘maximum extent feasible.'" Timothy M. Cook, director of the Washington-based National Disability Action Center, who argued the case before the court, said the ruling was "a major, major victory" for the handicapped. But a spokesman for transit agencies said the ruling did not address vexing problems. Albert Engelken, deputy executive director of the American Public Transit Association, 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. Many local transportation officials declined comment on the ruling because they had not seen it. But Peter Dimond a spokesman for Massachusetts Bay Transportation Authority in Boston, said, "we have made a pledge that all buses we purchase in the future will be lift-equipped." It costs $15,000 to equip a bus with a wheelchair lift and buses cost about $200,000, according to Joaquin Bowman, a spokesman for the Southeastern Pennsylvania Transportation Authority. - ADAPT (592)
[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. - ADAPT (589)
A-12 /The Houston Post/Wednesday, February 15, 1989 NATION & WORLD [Headline] Disabled hail ruling on bus access [Subheading] Court requires transit agencies to install wheelchair lifts ASSOCIATED PRESS 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 American Public Transit Association in Washington. He said wheelchair lifts receive limited use where they exist and are an added expense to transit agencies at a time when federal subsidies are dwindling. A 3rd U.S. Circuit Court ol Appeals panel ruled 2-1 Monday that Congress has made its wishes on accessibility clear, and lift-equipped buses are part ol that mandate. The court ordered the Department of Transportation to rewrite a regulation allowing communities to offer alternative paratransit service, such as van rides. James D. Fornari, a New York City attorney for a group of veterans with spinal cord injuries, said the ruling will force transit systems to look for the most efficient means of serving disabled people. He said the ruling also could influence DOT regulations on light rail and commuter rail systems. Transportation department spokesman Bob Marx said DOT attorneys had not seen the decision and would not comment. Officials of Houston's Metropolitan Transit Authority also had not seen the decision, but MTA spokeswoman Carol Boudreaux said the authority would comply with any new regulations. Representatives of the disabled community in Houston lauded the ruling. “The disabled community is excited and we hope Alan Kiepper, manager of Houston Metro, hears this message from the courts and the disabled community. Access is a civil right," said Vicki Harris, executive director of the Center for Independent Living. Currently, Metro's MetroLift program provides scheduled curb-to-curb transportation for mentally or physically disabled persons who are unable to ride regular buses. Bob Kafka, an American Disabled for Accessible Public Transportation representative who joined Harris at a news conference, said he believed the cost of retrofitting buses with wheelchair lifts would be too costly, but said he hoped the ruling would force Metro to buy new buses with lifts. "Disabled people are part of this community, and they should have access to mainline transit," he 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. lt costs $15,000 to equip a bus with a wheelchair lift, and buses cost about $200,000, said Joaquin Bowman, a spokesman for the Southeastern Pennsylvania Transportation Authority. - ADAPT (583)
Fort Worth Star Telegram / Sunday March 26, 1989 [Headline] Disabled evicted by guards [Subheading] Fort Worth protest at courthouse ends BY Whitt Canning, Fort Worth Star Telegram Bob, Joe, Frank, Tim and Frazier spent a quiet evening Friday on the ninth floor of the Federal Building nodding off occasionally between friendly chats with the guards. Having arrived earlier in the day to take part in a protest by a group of disabled people against the Urban Mass Transit Administration, they hadn't really planned on staying the night. Things just sort of worked out that way. Their strange vigil ended abruptly about 1:15 p.m. yesterday when they were evicted by Federal Protection Service officers, who explained that it was being done for their own good. “They physically picked us up and carried us out," said Bob Kafka, admiring a skinned place on his right forearm that was bleeding slighty. “At least," said Joe Carle, “it was reassuring being in the hands of the kinder, gentler Bush administration." Kafka, 43, Carle, 50, Frank Lozano, 38, and Tim Baker, 26, are members of a group called American Disabled for Accessible Public Transportation that staged a nationwide protest Friday in an effort to dissuade the administration from appealing a recent decision in the 3rd Circuit Court of Appeals (ADAPT vs. Burnley). The decision requires wheelchair lifts on buses purchased with federal money. The Fort Worth protest involved 20 to 30 people, but Kafka, Carle, Lozano and Baker managed to reach the ninth-floor office of the administration's regional manager, Wilbur Hare. There, they requested he telephone White House chief of staff John Sununu and voice his support for the court decision. Joining the small group in its audience with Hare was Frazier, an amiable pooch who serves the visually impaired Lozano as a guide dog. Hare refused the request, and went home at 4:45 p.m., leaving the intrepid little band stuck on the ninth floor, vowing to stay through Easter weekend. “We were in the outer office, and he (Hare) came out once about 3:30 and told us he was leaving at his normal time," Carle said. "Then at 4:45, he came out, shook our hands, wished us happy Easter, and left. "We wished him happy Easter too." So the group was left occupying the building, along with several guards. At 6 p.m., Casey Bowen, director of building operations with the General Services Administration, told them they would not be forcibly removed, but he would not allow food to be brought in. As an added precaution, Kafka said, all the phones were removed. “I don't mean just in Hare‘s office," Kafka said. "lt looked to me like they removed every phone on the ninth floor. They didn‘t just disconnect them. They TOOK the phones off.“ The group settled in for the night. "Mostly, we tried to sleep as best we could, sitting in our chairs (Kafka, Carle and Baker use wheelchairs)" Kafka said. "I got the couch, since l'm the oldest," Carle said. “Frank slept on the floor because he doesn't have a wheelchair.“ "There are some vending machines up there," Kafka said, "and we ate some candy bars and drank some cokes that was about it. "The guards were very nice to us -- until today, when they evicted us." [Subheading] PROTEST About 6:30 a.m. yesterday, Kafka said, they asked the guards if they could send out for food and were refused. About 11 a.m. the group's attorney, Paul Alexander, arrived with the same request and also was refused. Then about l p.m., the group made another request — that Hare appear at a 6 p.m. news conference and agree to make the call to Washington tomorrow. ln return, they would end their occupation of the building. "That's when they evicted us," Kafka said. “They said they were acting on Bowen's orders and it was for our own good because we hadn't had anything to eat. “They picked me up out of my chair, because l wasn't going to leave, and carried me. That's how I got skinned up." “They had a little trouble getting Frank into a wheelchair," Carle said. “But Frazier went quietly when ordered to leave." Baker, who is severely disabled, did not fare so well, group members said. “When they were pushing him out in his chair, they didn't know how to operate it, and they tore up the motor and the clutch,“ Kafka said. “They did about $1,000 worth of damage to it." Guards at the building refused to comment. Hare did not show up at the news conference. And the I3 activists held up the starting time of 6 p.m. to wait for additional supporters who did not arrive. “We came here to fight for transportation, but we couldn't get the troops over to fight for them," Carle said, adding that none of the disabled could ride the bus downtown so only those who could afford a car could come. Kafka said that the group will examine legal recourse for injuries and damages incurred while being evicted. However, the group's lawyer, Paul Alexander, had advised the four that they might not have legal grounds because they were on federal property, Carle said. As to whether the demonstrators felt they had accomplished anything by the protest, Carle said, “We hope that somewhere along the line this wakes up the able-bodied community" and shows members of the disabled community that “they don't have to knuckle under." He said the group's impromptu occupation of Hare's office had probably amazed them as much as anyone else. “When we got here (with the other protesters), I was telling Bob that Mr. Hare was a pretty nice guy and would probably make the phone call fairly quickly," Carle said. “We were trying to figure out what we were going to do with the rest of the afternoon.“ Carle said other protests are planned soon, including one against Greyhound Corp. on Monday in Dallas. Greyhound, he said, has indicated it does not wish to adapt its buses to the handicapped. “I think this was an abomination," Kafka said. “As a Vietnam veteran, l am embarrassed for my country. But it's just another example of how the govrnment views the disabled. They don't want us to be people — they want us to sit down and shut up, or be put away in institutions. “I think a lot of people have a fear of the disabled." “They're trying to put us back where we've been for ... eternity," Carle said. "Instead of doing this, they should help us with job training so we can carry our own weight. “It's the only way we will ever become . . . people." The occupying force at least had a clear view of its immediate objective once it was back out on the street: friends who arrived to help were immediately dispatched to find food (“double burgers, chicken, and big milkshakes"). When the food gathering force hurried off, Carle offered one last observation on the situation. "Frazier," he confided. “is extremely upset about all this. “He says they treated him like a dog." Staff writer Betsy C.M. Tong contributed to this report PHOTO (by Ricky Moon, Fort Worth Star-Telegram): From left to right Frank Lozano kneels on the pavement, his hand on his dog Frazier's neck. Frazier, a white lab, sits calmly in harness, looking serenely off into the distance. Beside him is Joe Carle in a denim vest, ADAPT shirt, gimmie cap and dark glasses, he sits in his wheelchair and smiles. Next to him, Tim Baker, face partially obscured by his chin operated wheelchair control stick, looks over at Bob Kafka. Kafka, next to him is in his manual wheelchair and is talking to Tim. Behind them is the stark facade of the federal building. Caption reads: Frank Lozano, his dog Frazier, Joe Carle, Tim Baker and Bob Kafka, from left, sit outside the Federal Courthouse after their eviction. - ADAPT (560)
U.S. to mandate bus service for disabled By The Associated Press WASHINGTON — The government announced plans yesterday to require that all federally aided bus systems buy only vehicles that are accessible to the disabled and provide special door-to-door transit for those who can’t make it to bus stops. Requiring both access and special services for all systems is expected to “increase significantly the amount and quality of service available to persons with disabilities,” said a Transportation Department announcement. In Denver, all buses owned by the Regional Transportation District are equipped with wheelchair lifts, and the district also provides a door-to-door service for handicapped riders. Groups representing the handicapped praised the Washington announcement and a transit industry spokesman said bus companies are prepared for it. The proposed rule, expected to become final in September after a period for public comment, would match some of the requirements of legislation pending in Congress and meet the key transportation demands of disabled-rights activists. More than 150 people were arrested in two incidents last week during demonstrations in Washington for the Americans With Disabilities Act. “The Bush administration is committed to policies that will ensure that people with disabilities have the opportunities available to other persons to use our mass transit system,” said Transportation Secretary Samuel Skinner. Announcement of the proposed rule met the requirements of a Philadelphia federal court order that required the department to examine and change existing regulations but did not mandate what the changes should be. The order came in a suit by more than a dozen groups representing the handicapped. - ADAPT (559)
Rocky Mtn. News Local Briefs [Headline] Wheelchair-lift issue in court’s lap, lawyer says U.S. Attorney Michael Norton yesterday told a group of disabled activists that the federal government’s appeal of a court ruling on bus wheelchair lifts was out of his hands. Norton appeared before 40 wheelchair-bound members of ADAPT, American Disabled for Access to Public Transit, who had camped several hours outside his 12th floor offices in Denver’s federal building. ADAPT members are angry about an appeal by the U.S. Justice Department on behalf of the Department of Transportation. The appeal seeks to overturn a federal court ruling requiring all local transit buses to be equipped with wheelchair lifts. Thirty protesters were arrested Monday for blocking the doors of the Radisson Hotel, where their target, the Urban Mass Transportation Administration, was holding a conference. - ADAPT (122)
Denver Post [This article continues on in ADAPT 123, but the entire text is included here for easier reading.] Photo by Lyn Alweis: A short haired man in a jacket and dark slacks [Mel Conrardy] is lifted in his wheelchair from the sidewalk to a bus. The lift comes out of the front door of the bus and has railings on either side of the lift almost as tall as the seated man. Just by the bus door is a sign on the side of the bus that says "RTD Welcome Aboard." Caption: An RTD bus with wheelchair lift provides mobility for Mel Conrardy Title: Leaders of handicapped rate RTD service best in country By Norm Udevitz, Denver Post Staff Writer Disabled Denverites just a few years ago had as much chance of riding a bus as they did of climbing Mount Everest. “It was brutal the way RTD treated us,” said Mike Auberger, an official in the Atlantis Community, for the disabled and a leader in the fight that has turned the Regional Transportation District’s handicapped service around. In the 1970s and early 1980s, RTD busses then rarely equipped with wheelchair lifts, often left wheelchair-bound riders stranded on streets. Drivers, lacking training in dealing with visually or language impaired people, panicked when blind or deaf riders tried to board buses. “It used to be that even in the dead of winter, when it was below zero, those of us in wheelchairs would wait 2 or 3 hours for a bus to finally stop," Auberger recalls. “And often the lift was broken and we couldn't get on the bus anyway. And usually the drivers were rude and angry. They would tell us that we were ruining their schedules." But conditions have changed, Auberger says: “Right now, Denver has the most accessible public transit system for the handicapped — and all the public - in the country." Debbie Ellis, a state social services worker who heads the agency's Handicapped Advisory Council, agrees, saying: “It took a lot of pressure, but RTD has responded and now the bus system is doing a good job of serving the handicapped." Leaders of national programs for the disabled also agree. In fact, the President's Committee on Employment of the Handicapped will bring 5,000 delegates, many of them handicapped, to its national conference in Denver in April. This will be the first time in four decades the group has held its national session outside of Washington DC. “One of the key reasons we're meeting in Denver this year is because it just might be the most comfortable city in the country for the handicapped,” says Sharon Milcrut, head of the Colorado Coalition for Persons with Disabilities, which is hosting the conference. “A very important aspect of that comfort," she notes, “is how accessible the transit system is for the handicapped.” It didn't get that way easily. In the decade between 1974 and 1984, handicapped activists had to pressure indifferent RTD administrators and directors. Each gain was hard won. “We used every tactic in the book, from lawsuits to bus blockades on the street and sit-ins at the RTD offices," says Wade Blank, an Atlantis group director. “The lawsuits didn't help much but when we took to the streets in the late 1970s, I think that's when we started getting their attention." Blank and others also say the 1984 hiring of Ed Colby as RTD general manager helped. Before he arrived, less than half of the 750 RTD buses had wheelchair lifts, which often were in disrepair. Training for drivers to learn how to deal with handicapped riders was minimal. Agency directors resisted change. RTD relied heavily on a costly special van operation called Handyride - a door-to-door pickup service for handicapped. It has cost $13[? glare makes number hard to read] million to run since it began in 1975. “Over the past couple of years the turnaround has been phenomenal," Auberger says. “All of RTD's new buses are being ordered with lifts and older buses are being retrofitted." By 1986's end, almost 80 percent of the bus fleet — 608 of 765 buses — had wheelchair lifts; 82 percent of the fleet's 6,242 daily trips are now accessible for the disabled. Plans call for the fleet to be 100 percent lift-equipped by 1987's end. “The lifts aren't breaking down all the time now, either," Auberger said, noting that agency officials found drivers had neglected to report broken lifts: “That way the lifts stayed broken and drivers had an excuse for not picking us up. A bunch of people were fired over that and others realized that Colby wasn't kidding about improving handicapped service." Driver training also has improved dramatically. “It isn't perfect yet,” Ellis of the advisory council says. "But everyone is working hard at it. What we are finding is that 20 percent of the drivers understand that they are moving people, all kinds of people, and they're really great with the handicapped. “Another 20 percent figure their job is to move buses and to heck with passengers, all kinds of passengers. That bottom 20 percent probably won't ever change. So we're working real hard on the 60 percent in between," Ellis says. Drivers, for example, learn to help blind riders. “That’s an improvement that helps the disabled, but it also helps regular passengers who are newcomers to the city,” Ellis says. All the improvements haven't come cheap. Since 1974, more than $5million has been spent on lifts and lift maintenance, most of the expense was incurred in the last three years. RTD plans to spend $9 million more in the next six years to keep the fleet up to its current standards and pay for more driver training. Another $4 million will be spent on HandyRide service. Ironically, Auberger and Ellis both say one of the biggest problems remaining is getting more handicapped people to use mass transit. “There are no reliable figures," Ellis says. “But we think there are about 20,000 handicapped people in the metro area and only about 200 or 300 are using buses on a regular basis." Auberger, confined to a wheelchair after breaking his neck in an accident ll years ago, complains: “The medical system builds a bubble around handicapped people and makes them think they have to be protected. "That's just not true in most cases. So one of the things we're doing now is educating the handicapped to overcome their fears. We've finally got a bus system that works for us and we want the disabled to use it." Photo by Lyn Alweis: A rather straight looking man [Mel Conrardy] in a white jacket, big mittens, and a motorized wheelchair, wears a slight smile as he rides the bus. Someone in a dark jacket stands beside him, and behind him, further back on the bus, other riders are sitting on the bus seats. Caption reads: A bus seat folds up to anchor Mel Conrardy's wheelchair to the floor. Conrardy commutes to work at the Atlantis Community. - ADAPT (32)
History and Mission Independent Living for People with Disabilities [This brochure continues in ADAPT 33, but the entire text is included here for easier reading.] PHOTO by Tom Olin (bottom right): A man (George Roberts) in wheelchair raises the power fist with his right hand. He is carrying a sign that reads "Nursing Homes = Jail." Behind him a group of other wheelchair protesters are lining up. Atlantis was founded in 1975, the second “Independent Living Center” in the country after Berkeley. A group of young disabled adults and six concerned staff from a Denver nursing home concluded that no amount of outings to concerts or bingo games could normalize life for these young people. The real solution was to move into the community, in apartments within the city’s neighborhoods, to create self-determined lifestyles where the disabled clients choose their own food, direct their own care, and determine their own priorities. This was a revolutionary concept in 1975, but the people of Atlantis were able to convince the State Legislature to fund personal care assistance outside an institutional setting for the very first time. In the more than fifteen years since its founding, the agency has been able to assist over 400 disabled adults in moving from sheltered settings and maintaining independent lives. The Atlantis Community staff specializes in assistance for very severely, multiply-disabled people, carrying out our belief that any disabled person can live outside an institution, if s/he is willing to accept the risks and inconveniences in order to enjoy self-determination and liberty. To that end, the staff and clients are experts in helping with everything from finding an apartment to applying for benefits, from grocery shopping to weddings, from cooking training to camping trips. The assistance with daily living activities and the basic skills training and reinforcement offered are complemented by the trained and state-certified staff of home health aides and their supervisors who visit the clients at home as often as needed — usually several times a day. The people of Atlantis also offer other independent living services to people throughout the nation — ranging from information and referral services to assertiveness training and technical assistance. The city of Denver and the Atlantis Community have become a mecca for disabled people seeking an accessible environment and comprehensive services. PHOTO by Tom Olin (top left corner): 4 people in wheelchairs (left to right, Joe Carle, Diane Coleman, Bob Kafka and Mark Johnson) lead a march. Everyone is dressed in revolutionary war garb -- wigs, three cornered hats, jackets with braid on them. Over their heads is a large flag, the ADAPT flag. PHOTO (bottom right): An older man (Mel Conrardy) in a white jacket and pants, sits in a wheelchair on a lift at the front door of a bus. To his right on the side of the bus door it says RTD Welcome Aboard. Mel looks relaxed and is smiling. - ADAPT (553)
June 12, 1990 - Guardian. 5 Disabled 'ecstatic' as rights act clears House By DIANE COLEMAN The Americans with Disabilities Act, considered by many to be the most sweeping civil rights legislation since the 1964 Civil Rights Act, easily cleared the House of Representatives May 22. It is expected to reach the president‘s desk by July 4. The act prohibits discrimination based on disability in public accommodations, employment, transportation and telecommunications. It is intended to address "rampant, daily discrimination in every sphere of American life,“ Rep. Pat Schroeder, D-Colo., told her colleagues on the House floor. “Mentally retarded persons are kept out of restaurants. Persons with cerebral palsy are turned away from theaters. . . . Employers cite fears of hiring disabled persons because their customers will feel uncomfortable or even repulsed,” Schroeder added. Despite strong opposition from private business and transportation lobbies, chief among them the National Federation of Independent Businesses and Greyhound Lines, Inc. , the Americans With Disabilities Act achieved bipartisan support in both houses of Congress. The House vote was 403-29. Under pressure from the NFIB and the National Restaurant Association, the House version of the bill was amended at the last minute to allow employers to remove people with HIV infection from food handling positions. Sponsored by Rep. Jim Chapman, the amendment passed narrowly, although the Texas Democrat conceded there is no “evidence that‘AIDS can be transferred in the process of handling food.” Tom Sheridan of AIDS Action, representing 500 community-based service organizations, predicted that the Chapman amendment would go down to defeat in the House-Senate conference committee. “It’s a horrible amendment for all people with disabilities because . . . it begins to codify the fact that irrational fear is protected by the law,” he said. Nonetheless at press time Senate conferees had agreed to include the restrictions. “Cheers and tears” filled the House gallery at the moment of the ADA's long-awaited passage, according to Tennessee disabled activist Michael Gibson, “but we all know that the bill is only a first step. Several agencies will be writing key regulations which offer innumerable opportunities to weaken the effect of this legislation,” Gibson said. SOME DELAYS, FEW LOSSES While many activists feared the House would water down the Senate version of the bill, Marilyn Golden of the Disability Rights Education and Defense Fund said that the ADA “has not been weakened anywhere near the extent that much legislation is. " According to Golden, who has worked intensively for the bill's passage over the last two years, various timetables and phase-in provisions were adopted to avoid other forms of compromise. The ADA’s protections against employment discrimination, which parallel those applied to federally funded entities since 1973, do not go into effect for two years. Prohibitions against discrimination in public accommodations, such as theaters and restaurants, will require accessibility in facilities “construct[ed] . . . for first occupancy no later than 30 months after the date of enactment." Telephone companies will have three years to put in place a relay service for deaf people and others who depend on non-voice telecommunication. A requirement that all new public buses be lift-equipped will take effect in only 30 days. Many attribute this to seven years of non-violent civil disobedience by the American Disabled for Accessible Public Transit. Greyhound, a private carrier, was given six years to begin replacing its retired buses with accessible ones. Activists also waged a last-minute battle over employment discrimination remedies. Recently proposed legislation would add damages to the relief available to discrimination victims under Title VII of the Civil Rights Act of 1964. In the face of this, Golden said. the Bush administration tried “to renege on its agreement for parallelism” between the ADA and the 1964 act. It backed an amendment that would have kept remedies for disability-based discrimination at current levels if and when discrimination remedies are increased for other minority groups and women. The amendment was narrowly defeated just prior to the final vote on the bill itself. Overall, Golden said. “We're ecstatic." The ADA “will hopefully begin to convey to the American public. left, center and right (because in some ways I don't think the consciousness of the left is any better), that disability is not a personal issue, that there’s a systematic oppression of people with disabilities. . . . Even Congress has faced the fact of the systematic discrimination. " PHOTO (by Tom Olin): A closer view of a mass of marchers coming around a huge tree on a broad sidewalk leading up to the Capitol. Stephanie Thomas, Frank Lozano, Jennifer Keelan and others lead the march which is 12 across in some places and scattered in others. The ADAPT flag (an American Flag with the stars arranged in the wheelchair symbol instead of in rows) flies over the crowd from a few rows back. Some people are in suits and ties, some in T-shirts. Some are in wheelchairs, some carry cameras; children to older folks are in the mix. Caption reads: Seven years of nonviolent civil disobedience by the American Disabled for Accessible Public Transit has been credited for the requirement that all new buses be lift-equipped. Above, ADAPT march on U.S. Capitol.