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Home / Album / Tags discrimination
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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 (261)
The Cincinnati Post Thursday May 22, 1986 1B [This article continues in ADAPT 251, but the entire text is included here for easier reading.] PHOTO by Patrick Reddy/The Cincinnati Post: A lone man in a wheelchair (Glenn Horton) sits in front of a metal police barricade. He wears his pale ADAPT T-shirt with the ADAPT no steps logo imprinted in black on the front. He looks casual but determined, with one foot resting higher on his chair than the other, and his hands folded in his lap. Behind him is cavernous black, some kind of entrance. And around him stand four police officers dressed in dark colors, with light colored hats with eye shades. Each officer is looking determinedly in a different direction. Caption reads: Four police officers look on as Glenn Horton of El Paso, Texas, waits for a van to take him to the Hamilton County Jail after he was arrested at a protest at the Westin Hotel. Horton was among 17 disabled protesters arrested Wednesday. Title: Protesters ready for long jail stay Post staff report Comparing Cincinnati to Selma, Ala., in the 1960s, 11 members of a handicapped activist group are vowing to stay in jail to end alleged discrimination against the handicapped. Of 17 disabled protesters arrested Wednesday, 14 were charged with disorderly conduct for blocking the Westin Hotel entrance. Three were charged with criminal trespassing after chaining themselves to the front doors of Queen City Metro’s offices at 6 E. Fourth St., downtown. Scheduled court dates ranged from May 28 through June 2, so some of the protesters could be in jail for as long as 12 days. Demonstrating against lack of access to Queen City Metro buses, members of Americans Disabled tor Accessible Public Transportation have timed protests this week to coincide with an American Public Transit Association conference at the Westin. The five-day conference ended Wednesday night. “This (Cincinnati) is the Selma, Ala., of the disabled civil rights movement,” said the Rev. Wade Blank of Denver, a founder of ADAPT. “People from all over the country have been calling to say they are willing to get arrested. This has not happened in many cities.” Access Service, Queen City's alternative transit system for the elderly and handicapped, is inadequate and overloaded, ADAPT members say. “We are committed and the people who got involved in this knew it would be more than an overnight stay in jail," said Stephanie Thomas, an ADAPT organizer. “We will not post bond for them." The 11 jailed ADAPT members have been separated from the rest of the prison population and have a full-time employee watching over them at the Hamilton County Justice Center, said Victor Carrelli, Hamilton County chief deputy sheriff. Hamilton County Municipal Judge David Albanese held a special two-hour hearing Wednesday for the 17 under judicial orders covering mass arrests or civil disobedience cases. Those charged with crimi nal trespassing were Michael W. Auberger, 32, of Denver, Colo.; George Cooper Jr., 58, of Irving, Texas, and Robert Kafka, 40, of Austin, Texas. Albanese set bond for the three, who pleaded not guilty, at $3000 cash and "banned them from the city if they chose to post bond. They did not. Kelli Bates, 21, of Denver, the only woman arrested, was the only ADAPT member to plead no contest to a disorderly conduct charge against her. Albanese found her guilty and sentenced her to 30 days in jail if she has not left the city by Friday or enters the city before Friday. Lonnie Smith, 30, of Denver, charged with resisting arrest and disorderly conduct, pleaded not guilty. Albanese set a $2500 10-percent bond for the resisting charge and a $1500 10-percent bond for the disorderly conduct charge. Those pleading not guilty to charges of disorderly conduct and placed on a $1500 10 percent cash bond were Ernest Taylor, 31, of Hartford, Conn.; William Bolte, 54, of’ Los Angeles; Glenn Horton, 46, of El Paso, Texas; Joseph Carl, 47, of Denver, and James Parker, 40, of E1 Paso. Those pleading not guilty to charges of disorderly conduct and given higher bonds because of prior records were Robert Conrad, 32, of Denver, on a $2000 10-percent cash bond and George Roberts, 37, of Denver on a $3000 10-percent cash bond. Those pleading not guilty to charges of disorderly conduct and released on a $1500 unsecured bond because of medical problems were Arthur Campbell, 39," of Louisville; Kenneth Heart, 36, of Denver; Efrain Lozazno, 35, of El Paso; George Florom, 43, of Colorado Springs, Col; and Rick James, 36, of Salt Lake City. In all cases where bond could be posted, Albanese warned the people not to return to Cincinnati except for court appearances or meetings with their attorneys. Prosecutor Charles A. Rubenstein in many of the cases protested Albanese’s decision to allow the prisoners to be released on bonds. “There is a great likelihood if they are released on bond they would create "further problems and turn this court into a revolving door,” he said. However, James Nicholas of the public defenders office, who was appointed to aid the group's privately hired legal counsel, said "the group would cause no further problems. “The reason that they came, here is finished. They have no reason to remain." After the hearings were finished, Nicholas said most members of the group had vowed to remain in jail.
ADAPT (260)
JULY 1986 Disclosure Disabled Cripple Cincinnati PHOTO: A march of people in wheelchairs across a metal bridge that looks like a giant erector set. Three across lead the march, and behind you can see others in an almost single file line. On right, Mike Auberger with his braids and headband rides an electric chair, and has a poster across his legs "Give me a lift, not the SHAFT." In the center, Stephanie Thomas with a bush of hair and a sign that reads "Access is a Civil Right", pushes her manual in a wheelie. On the left, Cincinnatian Gary Nelson, rides his manual as Babs Johnson pushes him. She is looking to her right talking with someone in line. Behind and between Mike and Stephanie, Rick James is visible, riding laid back in his powerchair. Others are behind in line, but the focus is not deep enough to make them out. Caption reads: GARY NELSON, STEPHANIE THOMAS and MIKE AUBERGER lead an ADAPT parade into Cincinnati. During four days of demonstrations there, 17 wheelchair riding protestors were arrested and taken to jail. Fifty disabled Americans went to Cincinnati at the end of May to protest discrimination against people in wheelchairs—and they put together some protests that city authorities will never forget. The wheelchair-riding demonstrators, who came from as far away as Texas and Colorado, are members of ADAPT— American Disabled for Accessible Public Transportation. They're tired of being denied access to public buses, and they went to Cincinnati to confront a meeting of the American Public Transit Association (APTA). APTA represents public transit officials from cities all over the country, and 600 of them were in Cincinnati in May for a regional education and training conference. In the space of four days, ADAPT staged half a dozen dramatic demonstrations, tied up bus service for an entire afternoon, shut down the office of the local transit system, caused havoc at a major downtown hotel, and had 17 of their members arrested, including 3 who were temporarily banned from the city of Cincinnati. “I've been kicked out of a lot of places," says ADAPT organizer Mike Auberger, "but never from a whole city!" ADAPT was formed in Denver in 1983, after Auberger — who is a quadriplegic as a result of a bobsled accident — and other handicapped activists convinced city officials there to put wheelchair lifts on every single bus. “It took six years of street fighting to win in Denver," says ADAPT organizer Wade Blank, a minister who became involved with handicapped issues while working as an orderly in a nursing home. “So then we said, are we going to sit on our laurels, or are we going to expand to other cities?" ADAPT demonstrators have hit APTA events in Washington, DC, Los Angeles, Dallas, Houston, and San Antonio. The demonstrations have a double purpose: to pressure APTA to go on record in favor of accessible public transit nationwide, and to push local officials to change their bus systems. While APTA remains stubborn, ADAPT can point to a number of local successes in cities such as Los Angeles, Seattle, and Kansas City. ADAPT members see their cause as a civil rights struggle, and their actions call attention to the injustice suffered by disabled people who are denied access to basic public services. The first arrests in Cincinnati came on Monday, May l9, when George Cooper and Bob Kaska climbed out of their wheelchairs and crawled aboard a Cincinnati city bus. They paid their fares, but were arrested for “trespassing.” Mike Auberger, who blocked the front of the bus, was also arrested, and the three were banned from the city by a municipal judge. Monday night, APTA conference-goers had a reception scheduled at the College Football Hall of Fame, outside the city limits. ADAPT protestors went out to meet them, but found entrances to the building locked by local sheriffs. They were waiting on the shoulder of the four lane road leading to the Hall of Fame when four buses carrying hundreds of APTA members came down the road, rolling along at about 40 miles an hour. Suddenly, a group of people in wheelchairs bolted out to block the buses. “l remember flashing in my mind that these might be the first deaths of the civil rights movement of the handicapped," recalls Wade Blank. No one was injured: two buses steered onto the shoulder of the road, and two others came to a halt. The conventioneers had to get off the buses and walk the rest of the way to the Hall of Fame. On Tuesday, ADAPT settled for a symbolic action, raising a cross in front of the Westin Hotel, where APTA was holding its meeting. The cross, they said, demonstrated APTA's “crucification" of disabled people. On Wednesday, it was back into battle. The banning order against Kaska, Cooper and Auberger had been lifted, but they got arrested again by chaining their wheelchairs to the front doors of the Cincinnati bus system’s main offices. Fourteen other disabled people, meanwhile, were arrested for blocking entrances at the Westin Hotel. All seventeen of them wound up in a classroom at the city jail. "It was definitely a new experience for the whole justice system,” says Mike Auberger. “Everyone received a real education in disabilities." Most of the protesters were released after a day or two, but Auberger, Kaska and Cooper, who were viewed as the real troublemakers, had to stay in jail for six days. This caused some serious problems, as none of the men can use the bathroom without the help of an attendant—and no one in the Cincinnati jail system was prepared to deal with that situation. Auberger, who had a skin rash and a urinary infection, was eventually hospitalized. All three protestors have now been released, he reports, and they are back home and suffering no serious long term effects from their ordeal in prison. The difficulties in jail, he thinks, “were more of a left hand not knowing what the right hand was doing type of thing than any serious intent to do harm." Their grueling experience, however, shows just how difficult it is for disabled people to stand up for their rights in a society that is not prepared to deal with people in wheelchairs. Despite such obstacles, ADAPT members are determined to continue their struggle for full civil rights. They are already planning for their next confrontation, which will take place on October 6 through 9 in Detroit, where APTA is scheduled to have its 1986 national convention. Without doubt, it will be a memorable occasion. HIGHLIGHTED TEXT: Suddenly, a group of people in wheelchairs bolted out to block the buses. . . “I remember flashing in my mind, ” said one observer, “that these might be the first deaths of the civil rights movement of the handicapped. ” BOXED TEXT BELOW ARTICLE: BE THERE! People in and our of wheelchairs are welcome to join the ADAPT protest in Detroit, to speak out for fully accessible public transportation. For information, contact Mike Auberger or Wade Blank at ADAPT, 4536 E. Colfax, Denver, Colorado, 80220. 303-393-0630 303-393-0630.
ADAPT (206)
Village Voice, March 4, 1986, p.27 [Headline] NAT HENTOFF: America’s Apartheid [This was part of a series of articles Mr. Hentoff wrote for the Village Voice on disability issues and people with disabilities in our society.] PHOTO in center of page, Photo credit Michael Rondou / Press - Telegram: A slight man (Bobby Hartwell) in a somewhat rickety manual wheelchair sits in front of a large city bus [number 4405]. Through the windsheild a very beefy uniformed man, perhaps the driver, stands arms resting in front of him. Behind and to the side of this first bus is a group of three police men standing and conferring. Behind them a couple of other wheelchair riders are blocking a second bus. Behind that bus a third is barely visable. Text box above the photo: “Anatomy is not destiny and never has been.” The photo caption: A demonstrator holds a bus hostage In Long Beach, California: Because of the way the bus is built, the demonstrator can't get on. [Italicized] A “caste” of. . . persons has been created [in America]. Members suffer a stigma of abnormality, inferiority, and dependency, are provided with separate facilities and programs, and are encouraged to interact only with others of the same caste. [Italicized ends] —Robert Funk, Director/Attorney, Disability Rights Education and Defense Fund, Inc. [Italicized] Black people started a movement when they were forced to sit in the backs of buses. We're not even allowed on the buses. [Italicized ends] – Julie Haraskin, during a nonviolent direct-action demonstration in Los Angeles by ADAPT (American Disabled for Accessible Public Transit) Barry Giddings is a citizen of the United States who lives in Philadelphia. In 1981, he was shot in the neck and became a quadriplegic. The only way he can get around is in a wheelchair. Until December 10, 1985, he and his brother lived in his mother's home. On that day, Mrs. Giddings and her family were evicted. She went to Philadelphia's Division of Adult Services to get shelter for herself and her sons. Mrs. Giddings was told that she and her nondisabled son would be provided shelter, but Barry Giddings would have to provide for himself. Why? Because he was disabled. The apparatchiks tried to make Mrs. Giddings understand that they had no choice in this matter. Taking care of her disabled son's needs, they explained, would cost more money than was being spent on the average homeless soul in the city's shelters. Then there were the costs of additional insurance premiums to cover the city if this quadriplegic were taken in. Then where should he go? Was this man to be thrown out into the street to lie there until he died? Not our problem, said Philadelphia's Division of Adult Services. Lest you think that the decision to wholly abandon this disabled man was made by some low-level employee devoted to the increasingly popular notion that inconvenient people should be terminated, the person who sent Barry Giddings into the night was following the policy of Philadelphia's Division of Adult Services. A relative arranged to have Giddings taken into Jefferson Hospital for the night because the staff there, unlike the folks at Adult Services, could not bear leaving him without shelter. They put him in the emergency room. The next day, he was removed to Magee Rehabilitation Hospital, although he did not require hospitalization. What he required, was a place to stay, and Magee Rehabilitation Hospital couldn’t keep him because providing shelter wasn't its' function. Barry Giddings, with the help of Stefan Presser, an American Civil Liberties Union attorney, took the city of Philadelphia to court. The class action suit charged that the city policy discriminates against homeless people who are disabled, and thereby violates their Constitutional right to equal protection under the law as well as their rights under Section 504 of the Federal Rehabilitation Act of 1973. That statute forbids discrimination against the handicapped in any program receiving Federal funds, and Philadelphia's Division of Adult Services, as part of the Department of Human Services, does receive Federal money. The city of Philadelphia quickly caved in, placed Giddings in a temporary shelter and said it would find permanent housing for him and his mother. As Stefan Presser points out, a particularly shocking thing about the case was that although the city had been engaged in a vigorous campaign to get the homeless into shelters, it had this firm policy of shutting out the disabled among the homeless. "There's no telling," Presser told me, “how many disabled people have been turned away until we got the policy changed, and who knows what happened to them? Some of the organizations for the disabled inform me that from time to time they've had phone calls from people who have been refused shelter because they're not able-bodied, but when they got to the phone booth from which the call was made, there was no one there." Ralph Ellison's Invisible Man could have a counterpart in the experiences of the nation's disabled for many, many years. As Robert Funk, Director of the Disability Rights, Education and Defense Fund, wrote in 1981: “American society, under the guise of humanitarian efforts, has developed a record, with respect to treatment of disabled persons, that is a history of isolation and discrimination inflicted upon them because of their ‘handicaps.’ This history, manifested in the attitude of ‘out of sight, out of mind,' carried out through policies of custodialism, has resulted in an ostracized, invisible minority denied access to organized society." This year, in his part of a forthcoming book, Images of the Disabled/Disabling Images, Funk makes the corollary point—— and see if any of this applies to you ---- that "the general public does not associate the word 'discrimination' with the segregation and exclusion of disabled people. Most people assume that disabled people are excluded from school or segregated because they cannot learn or because they need special protection. So too, the absence of disabled coworkers is simply considered a confirmation of the obvious fact that disabled people can't work. These assumptions are deeply rooted in history. Historically, the inferior economic and social status of disabled people has been viewed as the inevitable consequence of tho physical and mental differences imposed by disability." I know a young woman whose disability is athetosis, a form of cerebral palsy, which affects her speech and the way she walks. She is a first-class writer --- a published writer --- and a graduate of Harvard Law School. Currently in Hartford, she specializes in state regulation of automobile and homeowners’ insurance. Her name is Lisa Blumberg and she wrote me recently: "If nondisabled adults spent more time talking to disabled adults, they would learn that anatomy is not destiny and never has been." But because many disabled adults are segregated from the rest of the population, misconceptions about them, along with ignorance of who they actually are, continue to create more discrimination. For instance. Michael Landwehr of the Council for Disability Rights in Chicago, born with spina bifida, was disabled during surgery when he was 12. He is a graduate of the University of Illinois. Landwehr watched with great interest when in 1973 Congress enacted Section 504 of the Rehabilitation Act forbidding discrimination against the disabled in any programs or activities that receive Federal funding. So what has Michael Landwehr's life been like since 1973? “I have been denied an apartment based on my disability," he says. “Last year I was uprooted from home when the commuter train I took to work refused to let me continue riding without an attendant. I was told I could not buy a ticket in the first-class section of an airliner unless I also purchased a ticket for an attendant. I have been denied jobs and promotions on the basis of my disability. Every day I am denied access to public transportation. [He is in A wheelchair.] “Hundreds of thousands of disabled persons remain incarcerated in nursing homes and institutions, isolated from every aspect of community life, denied their right to vote, denied the right to education and employment. Disabled people remain the most unemployed and underpaid group in the country. For every dollar earned by a nondisabled white male, a disabled white male earns 52 cents, a disabled minority male earns 25 cents, and a disabled minority woman earns 12 cents." But the disability rights movement is gathering momentum and has already brought about some changes. Accordingly, by the end of this decade, there is likely to be a stretching of public consciousness concerning this form of American apartheid that has largely been ignored during the rise of all the other movements for equal protection under the law-—blacks, women, Native Americans, homosexuals and lesbians, Hispanics, et al. Future columns will include an exploration of the nonviolent direct-action arm of the disability rights movement, which is currently the most vigorous continuation of the Martin Luther King-Saul Alinsky legacy. The series will also go into the history of legislation and court action concerning the disabled; the seemingly infinite ways in which the disabled are distorted, sentimentalized, and underestimated by the press, television, and films; a battery of very specific legislative recommendations by the disabled; and a good deal more. One of the underlying themes is a comment by Vassar Miller, who has published eight volumes of poetry, one of which was nominated for the Pulitzer Prize. In her early sixties now, she was born with cerebral palsy. “What handicaps me far more than my physical condition," she says, “is the reaction society has to it. And, no less important, my reaction to society's reaction." Vassar Miller has edited a new book, Despite This Flesh (University of Texas Press), an extraordinarily illuminating collection of short stories and poems about the disabled. If public television had any imagination, a striking series could be made from Despite This Flesh. It ranges from pungent, poignant, and sharply funny evocations of childhood to a resoundingly erotic poem about a paralyzed man, "Seated Nude" by Richard Ronan. In her introduction, Vassar Miller tells of how, when she was a child, before there was ever such a thing as special education or mainstreaming, her stepmother “had tried to enroll me in a private school. ‘They just looked at me and started talking about God!‘" her stepmother said in dismayed tones when she came home. By the time the 1980s are over, a picket line of the disabled might elbow God aside and change the admissions policies of a school like that. The pressure is rising inside the disabled to break out of their caste, to be visible, to be part of whatever the hell's going on that they want to be part of. Consider ADAPT (American Disabled for Accessible Public Transit). In a number of cities around the country, its members have been demonstrating and getting arrested in protests against the lack of lifts on buses and the absence of ways of enabling the disabled to use other forms of public transportation. On October 6 in Los Angeles, a march of some 280 disabled ended at the Westin Bonaventure Hotel, where the American Public Transit Association was holding a convention. This was the scene, as described in The Disability Rag (Box 145, Louisville, Kentucky): "Attempts by ADAPT members to descend to the main lobby of the Bonaventure on the one elevator connecting the lobby with the street level were met with police resistance. Security forces turned off the elevator and escalators. Police blocked doors to prevent other disabled people from entering the hotel. Chants of ‘We Will Ride!‘ filled the Bonaventure from protesters inside and out. A number of ADAPT marchers, determined that conventioneers would not be able to use the escalators either, tried to block the escalator entrances or to throw themselves down the steps....By Monday, the Bonaventure had become a police-held fortress.“ I bet you never thought disabled people could do anything like that. It's just the beginning. As an ADAPT organizer yelled at a crowd of the disabled in Los Angeles, “We've got to get over our slave mentality!"