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Hjem / Albumer / Merknader discrimination
+ cost 3
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 (95)
Rocky Mountain News, Fri., Sept. 2, 1977, Denver, Colo p.6 [Headline] Handicapped seek ruling on RTD service By CLAIRE COOPER News Staff Wheelchair-bound witnesses Thursday urged a federal judge to order the Regional Transportation District to equip new buses with devices to facilitate transportation of the disabled. RTD has 231 buses on order. Only 18 of them will be outfitted for passengers in wheelchairs. Handicapped and elderly plaintiffs have filed a lawsuit in Denver U.S. District Court claiming RTD will discriminate against them if it fails to provide them with suitable bus transportation. The plaintiffs have asked that the buses be equipped with boarding ramps or hydraulic lifts and with interior devices to hold wheelchairs in place. During the hearing before Judge Richard P. Matsch, an arthritic youth complained that he faces “social isolation“ because of lack of transportation. ROBERT CONRAD SAID. “lf l don‘t get out, l’ll go crazy. I don't like looking at four walls." Conrad said it’s often impossible for him to board regular buses because oi‘ the pain in his legs. When he can do it, he said, he suffers embarrassment because it takes him three minutes to negotiate the steps. Other witnesses also complained about the social and psychological consequences of being unable to use the public transportation system. Glenn Kopp said he feels like “a second-class citizen.” Kopp is co-director of Atlantis Community Inc., an organization of disabled persons. His job is to help the handicapped become self-sufficient. But for Kopp to go to work, he said, "I have to depend on somebody to pick me up.” Carolyn Finnell said, “I just don't like using people as tools" for transportation. Marilyn Weaver said the lack of transportation isolates her from" her friends and her parents. "They do come to see me, but it would be nice sometime to go home," she said. Ms. Weaver and others testified that economic burdens are forced on them by the necessity of hiring private transportation. Ms. Weaver said she spends about $120 a month, one-fifth of her income, for “ambocabs," a private taxi service for passengers in wheelchairs. Ambocab charges $18 for a round trip, Kopp said. Ms. Weaver claimed the high cost deters all but essential use. “I should be getting therapy more than I do,“ said the 38-year-old polio victim, adding that her financial situation determines whether she can afford transportation to her therapist. SEVERAL WITNESSES said confinement to their neighborhoods means they have to pay more for groceries and other necessities. Kopp said he doesn’t like to ask friends to take him shopping because it takes along time him to go through the stores. The witnesses said RTD’s HandiRide service for the disabled isn't a good solution to their transportation problems because it makes only scheduled stops at medical facilities, schools and places of employment. Ms. Weaver, who works at Atlantis, said she takes the HandiRide to work because she starts at a set time. But she has no set quitting time, so she can't take it home. According to the complaint, HandiRide serves fewer than 150 persons. The complaint says about 17,600 persons in the Denver-Boulder area are being denied public transportation because of "unnecessary physical and structural barriers in the design of transit buses." Lawyers representing RTD have not presented defense testimony. The hearing continues Friday.
ADAPT (265)
The Cincinnati Enquirer Monday, May 19, 1986 Comment/A-7 PHOTO by Jim Callaway/The Cincinnati Enquirer: Three protesters in wheelchairs form a diagonal line across the picture. On the right in the foreground a heavy set man (Jerry Eubanks) sits in his manual wheelchair, a cab of soda in his right hand. He is a double amputee below the hips, and is wearing a look of concentration, and appears to be chanting. His right hand is resting on the back of a motorized wheelchair to his right. In that chair is a slim man (Greg Buchanan) who is wearing a very large sign across his legs that reads "A Part of NOT Apartheid." (The message is a bit obscured by the curve of the sign around his legs.) He is also wearing a light colored ADAPT T-shirt. To Greg's right and a bit further away and behind is a third man in a chair, a slim man with dark hair and a beard (John Short). He also has a sign on his legs but the quality of the picture makes it unreadable. Caption reads: Members of ADAPT picket in front ol the Westin Hotel Sunday afternoon. Gary Eubanks of Chicago, right, Greg Buchanan of Colorado Springs and John Short of Denver were among them. Title: Protesters converge on city Disabled demand full access to public transportation BY KAREN ROEBUCK The Cincinnati Enquirer Former Cincinnatian Mike Auberger said he left the city because of its lack of accessibility to the handicapped and because "the mentality toward people with disabilities is really 19th century at best." Auberger, who now lives in Denver, is one of about 75 members of ADAPT (American Disabled for Accessible Public Transit) in Cincinnati Sunday through Wednesday demanding full accessibility to public transportation systems for the handicapped. But the approximately 50 members of ADAPT demonstrating in front of the Westin Hotel, where the American Public Transit Association (APTA) is holding its regional convention, were denied access to the hotel Sunday. "The only people they're stopping are people in a wheelchair; that's blatantly discriminatory," said Bob Kafka, of Austin, Texas and ADAPT community organizer. Cincinnati Police Capt. Dale Menkhaus, Operational Support, said public easements can be barricaded to any group that might disrupt the hotel, which is private property. ADAPT members publicly stated they would try to disrupt the conference and have attempted to do so at other APTA conferences, police and Westin officials said. The hotel's first priority is to its guests, in this case the APTA, said Larry Alexander, general manager of the Westin. The ADAPT group blocked entrances and exits to the hotel for a short time Sunday, and rode their wheelchairs in downtown streets, somewhat disrupting traffic to the Reds-Pirates game, Menkhaus said, but did not cause any major problems. Armed with signs, T-shirts and badges, the group chanted slogans expressing their desire to ride public transportation systems. Some of the signs read, "Buses won't roll without us," and "We have a dream. . . We will ride." Kafka said ADAPT members will most likely try to stop some Queen City Metro buses. In other cities, members have sometimes chained themselves to the vehicles. Murray Bond, assistant general manager of Queen City Metro, said if ADAPT members try to stop the buses, the drivers will put the vehicles into park and let the police move the demonstrators. Menkhaus said ADAPT members will be arrested if they break the law. Despite the barricades, ADAPT members also will try to get into the convention, Kafka said, to get a resolution requiring full accessibility for the handicapped onto the convention floor. Albert Engelken, deputy executive director of APTA, said the executive committee and board of directors have discussed voting on such a resolution, but decided that decision should be made at the local level. Every system in the country has some way of transporting the handicapped, he said, which was decided upon with the advice of local agencies for the handicapped. About 30% of the systems nationwide are fully accessible, he said. Queen City Metro has an access program which will pick up handicapped people at their homes and take them where they need to go in Cincinnati, Elmwood Place, St. Bernard and Norwood, Bond said. "We understand their goals of total accessibility. It's certainly a laudable one, but also a very expensive one." The customer pays 60 cents for a ride, but it costs Queen City Metro about $10, he said. A ride must be scheduled 24 hours in advance under the Queen City's rules, but space is not always available, said Dixie Harmon, co-chairperson of the Specialized Transportation Advisory Committee to Queen City Metro and a member of Greater Cincinnati Coalition of Persons with Disabilities. "They dictate our lives to us, because we have to go and come as there's space available," she said. Kafka said ADAPT does not expect public systems to make all their buses wheelchair accessible, only all new buses. In about 20 years, the entire system could then be used by the handicapped, he estimated, pointing out that Queen City now owns 87 buses with wheelchair lifts, but the lifts have been locked down. Bond said those buses were bought with federal money at a time when wheelchair accessibility was required for any purchased with federal funds, and would be too costly to operate. The Greater Cincinnati coalition supports the goals of ADAPT, Harmon said, but chooses to negotiate for changes instead of demonstration.