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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.
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 (601)
THE DENVER POST / NATIONAL Friday: September 9, 1989 [Headline] Senate approves bill to guarantee rights of disabled By Knight-Rldder News Service WASHINGTON — An estimated 43 million America with disabilities won a major victory last night as the Senate approved a landmark bill aimed at moving them into the nation’s social and economic mainstream. The Senate, on a 76-to-8 vote, passed legislation that would extend for the first time sweeping civil rights protections to persons with hearing impairments, epilepsy, AIDS and dozens of other physical and mental disabilities. The measure, which now goes to the House for expected approval, would ban discrimination in the hiring of the disabled; require businesses, shops and transit systems to make their facilities more accessible to the wheelchair-bound; and force telephone companies to provide special operators for the deaf. The bill was endorsed last month by President Bush, and administration lobbyists joined advocates for the disabled yesterday in opposing efforts to modify the legislation to meet business objections that it will be too costly to small firms. Business leaders warned that the measure could put some employers out of business if.they were required to make expensive structural changes in their buildings to accommodate disabled customers and workers. Critics also said the compliance provisions of the bill were vague and would result in years of litigation in federal courts over what constituted discrimination against the disabled. Major provisions of the Americans with Disabilities Act would: * Prohibit employers from discriminating against qualified job applicants with disabilities. Changes to accommodate the disabled in the workplace would be required unless they would cause an “undue hardship," a term critics say is too vague. * Require new business establishments to be accessible to the disabled and require existing establishments be made accessible if the alterations are “readily achievable." * Require new buses and trains to be equipped with wheelchair lifts. * Require telephone companies to provide operators who could relay messages from the deaf to hearing individuals. Deaf persons can communicate with each other by telephone now by using Telecommunications Devices for the Deaf (TDDs), but can't communicate with people who don't have the TDDs. “We’re not asking for special treatment," said Pat Wright, government affairs director of the Disability Rights Education and Defense Fund Inc. “Whether it’s putting a ramp in or providing a reasonable accommodation in employment, it makes you equal, not special." The bill, as originally written, would have exempted Congress from its provisions — but that exemption was deleted during debate. And in another concession to the intense interest of the disabled in the measure, the Senate for the first time allowed an interpreter using sign language to translate the televised proceedings of the floor debate so that the deaf and hearing impaired could follow the action. Extending civil rights protections to people with AIDS or the AIDS virus had been recommended by a Reagan administration commission on AIDS, but was opposed by President Reagan himself. Bush, however, has supported the protection. The bill bars employment discrimination against persons with AIDS but does permit employers to deny jobs if the employee poses a significant risk of transmitting the infection to others. However, homosexuals are not covered by the legislation. They can still be discriminated against solely on the basis of their sexuality. After an inquiry by Sen. Jesse Helms, R-N.C., sponsors agreed to delete transvestites from nation protections. Helms also raised questions about providing protection to schizophrenics, manic-depressives and psychotics, but their status remained intact in the measure.
ADAPT (610)
Rocky Mountain News 9/8/89 [Headline] Senate OKs disabled-rights bill [Subheading] Access to jobs, transit, eateries guaranteed for AIDS victims, too WASHINGTON (AP) — The Senate voted 76-8 last night to approve legislation to guarantee 43 million disabled Americans — including most AIDS victims —- rights to employment, transportation and the use of restaurants and other businesses. Lawmakers debated the bill with sign-language interpreters allowed on the Senate floor for the first time in the institution’s history to make the proceedings available to deaf audiences watching in the galleries and on television. Supporters likened the Americans With Disabilities Act to the Civil Rights Act 25 years ago that guaranteed blacks and other minorities their right to participate fully in American society. The act is “a 20th century Emancipation Proclamation for people with disabilities,” said Sen. Tom Harkin, D-Iowa, the bill's chief sponsor. Fifty-nine senators of both parties added their names to the legislation. An amendment made Congress subject to the law. “The Americans with Disabilities Act is a landmark statement of basic human rights that will make the promise of equal opportunity a reality. for 43 million Americans with disabilities,” said Harkin. Sen. Jesse Helms, R-N.C., had challenged a definition of disabled that includes people with the AIDS virus, saying 85% are homosexuals or drug users. “This bill responds to those 15% who are not," said Harkin, who also quoted the health and human services Secretary, Dr. Louis Sullivan, as saying there is no medical reason for discrimination against AIDS sufferers. The legislation prohibits employment discrimination by businesses with 15 or more employees, although the limit would be 25 employees for the first two years. All privately owned stores, restaurants and other businesses would be prohibited from discrimination. All new buses would have to be made accessible. Area lawmakers voting against the measure were William Armstrong, R-Colo., Malcolm Wallop, R-Wyo., and Jake Garn, R-Utah.
ADAPT (611)
THE DENVER POST Saturday, September 9, 1989 [Headline] New disabled-rights bill will challenge society By Charles Green Knight-Ridder News Service WASHINGTON — When Congress banned discrimination against blacks 25 years ago, the premise of the legislation was straightforward: Blacks and other racial minorities were supposed to be treated like everyone else. Now, as Congress moves to prohibit bias against the physically and mentally disabled, it is finding that discrimination is not so easy to define. ls it discriminatory, for instance, for a department store to stock merchandise that is out of reach of a customer in a wheelchair? Is it discriminatory for an employer to reject blind job applicants who would need someone to occasionally read memos and papers to them? Is it discriminatory for a child-care center to refuse to hire someone infected with the AIDS virus? Those are some of the questions that government regulators and the courts are likely to be addressing once the Americans with Disabilities Act, which passed the Senate Thursday night, becomes law. “In terms of its impact on American society, this is going to bring an equal if not greater change to society than the Civil Rights Act of 1964,” predicted the bill’s chief Senate sponsor, Democrat Tom Harkin of Iowa. But reconciling the sweeping promises of the new legislation with the economic realities of modern American life won't be easy. “I’m not sure we're not going to be revisiting this legislation" after its effects are better known, predicted Sen. Dale Bumpers, D-Ark., chairman of the Senate Small Business Committee. The legislation still must clear the House and be signed by President Bush, but few obstacles are expected. Bush has already endorsed the measure and House sponsors predict swift consideration, starting with hearings next week. The bill holds both enormous promise for the estimated 43 million disabled Americans and countless questions for the employers, business establishments and transit operators that would have to comply with it. The bill’s promise stems from its rationale: that disabled Americans can participate more fully in society if barriers to their participation are removed. “It will be the legal and philosophical foundation on which to build a truly equal opportunity society," said Justin Dart, chairman of the President's Committee on Employment of People with Disabilities. “Equal opportunity for the disabled is wonderful. Nobody is going to argue with that, but the practical realities are that there will be large costs associated with that,” said Nancy Fulco, an attorney with the Chamber of Commerce of the United States. And, as Fulco noted, Congress wants businesses to pick up the costs. Thus far, it has included no financial assistance or tax breaks to help firms comply with the expense of complying with the disabilities bill. The bill requires employers to make workplace changes to accommodate disabled employees unless they would cause an “undue hardship." But the determination of “hardship” is left for regulators and the courts to decide. Likewise, businesses must be made accessible to disabled customers so long as the alterations are “readily achievable,” another standard that will be left for regulators and courts to determine. The changes won't be required at once. Many provisions will not take effect for two years after enactment. Even so, it could take years for businesses to sort out what’s required and for the disabled to begin feeling the impact of the law. “There's no doubt in my mind that the first time some businesses find out about this is when they‘re slapped with a lawsuit," said Fulco. "Small businesses will have to hire an attorney to tell them what they should be doing or not doing.“
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Colorado Springs Sun PHOTO (by Mary Kelley): Close up of protester Beverly Furnice's angry face as she reclined in her wheelchair, holding a poster in her fists, which reads "Accessible Bathrooms Now!" Caption reads: Beverly Furnice holds a sign explaining one of the reasons she and other disabled people were picketing a local McDonald's Restaurant Friday. [Headline] Officials Defends McDonalds' Record By Ken Warren, Colorado Springs Sun McDonald’s Restaurants is the industry leader in providing barrier-free access to the disabled, a top official of the corporation said Friday. Robert L Keyser Ill. national director of media relations, rejected as “false" and “inappropriate" charges made by a group of wheelchair bound protesters that McDonald's discriminates against the handicapped. “We think we're the leader in the industry in barrier-free accessibility”, but there are always things we can learn, " Keyser said, watching protesters picket the McDonald's Restaurant at 207 N. Wahsatch Ave. As discussed, six weeks ago, he said, McDonald's plans to meet next week with representatives of the Denver-based Access Institute to discuss their concerns. “We want to listen. We also want them to learn a little more about McDonald's because we're committed to the community." Asked about the potential impact of the second protest against McDonald's in as many days on upcoming talks, Keyser said, "It's certainly not a sign of the good faith" in which we’ve been trying to deal with them in Denver." "He suggested "that the group had targeted McDonald's because of its size and visibility. “We clearly think it's not appropriate, but "they've done it, and we're going to speak proudly about our record." Keyser said ‘McDonald's had been striving since the 1960s to meet the needs of the disabled with ramps, drive-through lanes and other special accommodations. Robert Conrad, a protester confined to a wheelchair because of cerebral palsy criticized McDonald's for failing to do more to make their 6,400 restaurants accessible to the disabled. “We've tried to negotiate with McDonald's, but all they want to do is dialogue," he said.
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Handicapped American, 12/84 Two articles: Article #1: [Headline] Anti-APTA Protest Grows as Disabled Demand Bus Lifts Disabled activists in several states are pressing the attack against the American Public Transit Association (APTA) in an attempt to persuade that organization to support wheelchair accessibility. At its seventh annual delegate assembly in November, the Coalition of Texans with Disabilities [CTD] urged all transit providers in that state to withdraw from APTA. “It is the urgent desire of CTD and its 77 organizational members across the state that Texas become a model of full, equal access to all transportation systems," according to the CTD resolution. CTD President Marshall Mitchell said that APTA'S transportation philosophy “is a powerful tool for discrimination and denies the vast majority of disabled persons equal access to the community." CTD is also opposed to paratransit as an alternative to wheelchair lift equipped buses because this "provides disabled people only limited use of the locally operated transit systems in all Texas cities." Mitchell said that not only does paratransit violate the equal protection clause of the l4th Amendment but operating two separate systems "is infinitely more expensive than would be totally accessible systems with only limited door-to-door service to meet the needs of those who could not use mainline service." APTA is holding a Western Regional Conference in San Antonio in April (see related stories). Meanwhile in November a spokesperson for disabled groups in neighboring Louisiana has requested that APTA's board of directors reverse its position on accessibility. Susan M. Daniels, in a letter to APTA chairman Warren Franks, said that "disabled people will no longer sit quiet while their rights are abridged." Daniels points out that the Regional Transit Authority which serves the Greater New Orleans area is not accessible, making it impossible for disabled people in that city to participate on an equal basis in community activities with nondisabled persons. In California, disabled activists are seeking to cut off the flow of public money to APTA. At its December meeting, the California Association of the Physically Handicapped (CAPH) passed a resolution calling upon various branches of the federal government to withhold funds earmarked for APTA because such payments represent "a misappropriation of public funds." More than 60 percent of APTA's operating money comes from public funds, according to the CAPH resolution. CAPH charges that this money is being used in part “to deny handicapped individuals the benefits of transportation services requiring federal financial assistance." In addition to blocking the flow of federal dollars to APTA, CAPH urges "that all public transit agencies be prohibited from paying APTA dues" while any investigations of APTA are in progress. Article #2: [Headline] Texans Plan San Antonio Showdown Chances are if you board a public bus anywhere in Texas you won't find any riders in wheelchairs. That's all going to change if Jim Parker of El Paso has anything to do about it. Parker and several other people in wheelchairs from across Texas have organized the state chapter of the American Disabled for Accessible Public Transit (ADAPT), a new national group that is trying to force bus companies and manufacturers to equip all buses with wheelchair lifts. In 1979, the Carter administration's Department of Transportation mandated such a policy, but the American Public Transit Association (APTA) successfully fought those regulations in court, arguing that it was a judgment best left to the discretion of the local transit provider. Disabled activists argued that such "local option” policies are no different from the old states’ rights arguments used in the South to block integration and lead to policies similar to "separate but equal" laws. Reagan's Department of Transportation has generally sided with APTA in this dispute and has suggested that paratransit services could provide similar service to the disabled at less cost. Opponents of lifts argue that they're unreliable. In Houston, Metro's Grumman Flexible buses’ wheelchair lifts were removed because the company said they caused too many maintenance problems. Continued on p. 4
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[Headline] NAT HENTOFF:“No Wonder God Punished Her by Making Her Blind!” Village Voice, March 18, 1986, page unknown. PHOTO in center of page. Photo credit, DAVID STONE/MAINSTREAM: MAGAZINE OF THE ABLE-DISABLED: A group of police officers in dark short sleeved uniforms standing and looking at one another. On the floor at their feet, a man in white clothes (Chris Hronis) lies on his side arms behind his back, apparently handcuffed. Through the legs of the officers you can see someone else (Edith Harris) sitting on the floor also apparently handcuffed. At the edges of the frame you can see a couple of people's faces and at the bottom, the back of someone's head. Above the picture is a text box that reads: "I am tired of being closed away." Photo Caption reads: Disabled activists commit civil disobedience in Las Angeles to make public transit accessible: “We will ride." [Italicized] New vocabulary must be developed. Racism and sexism are words known to every schoolchild, but there is no word to describe bigotry against persons with disabilities. [End italicized] – Lisa Blumberg, Hartford Courant, June 24, I985 [Italicized]... it is absolutely essential to understand that the pain and "tragedy" of living with a disability in our culture, such as it is, derives primarily from the pain and humiliation of discrimination, oppression, and anti-disability attitudes, not from the disability itself. [End italicized] — Michelle Fine and Adrienne Asch, Carasa News, Committee for Abortion Rights and Against Sterilization Abuse, June/July 1984 [Italicized] Public transportation is a tax-supported system. The handicapped pay taxes. It's as simple as that. How would the average taxpayer feel if he was denied access to a facility he paid for? [End italicized] – Wade Blank, a founder of and organizer for ADAPT (American Disabled for Accessible Public Transportation), Denver Post, October 6, 1985 In the spring of 1982, a woman in a wheelchair went into a clothing store in the Bronx and was told by the guard that he was required by store policy to turn away people with wheelchairs. Shs wrote a letter of complaint to the head of the chain and received an apology, along with a $50 gift certificate. Off she went to cash in the certificate, and guess what happened? That's right. A guard turned her away from the store. The woman sued; the store settled the case by giving her a check for $10,300. I had been about to write that a disabled lawyer had handled her case, but he — Kipp Elliott Watson—corrected me. “I am a lawyer with a disability," he said. In Jim Johnson's "Shop 'Talk" column in the February 22, 1986, Editor & Publisher, there is a guide for copy editors and reporters concerning accuracy of language in stories about those with disabilities. It was put together by more than 50 national disability organizations. One illustration: “Perhaps the most offensive term to disabled people is ‘wheelchair-bound' or ‘confined to a wheelchair.’ Disabled people don't sleep in their wheelchairs, they sleep in bed. Call them 'wheelchair users.'" Also, "labeling of groups should be avoided. Say ‘people who are deaf' or 'people with arthritis’ rather than ‘the deaf' or ‘the arthritic.’ . . . One of the problems with eliminating insensitive terms is the, lack of a clear policy that reporters and editors can follow. A reporter cannot change a paper's policy by himself. The first time a reporter writes 'person who is arthritic,’ a copy editor is sure to change it to ‘an arthritic’ to save words.” And I would particularly recommend the next correction to the vast majority of the reporters and editorial writers who have covered Baby Doe cases: “Afflicted [unintelligible] a negative term that suggests hopelessness. Use disabled. Also to be avoided are deformed and invalid." The guide is especially useful because more and more of those with disabilities are going to be making news-in–lawsuits, individual acts of resistance against discrimination, and in collective demonstrations. For instance, in Los Angeles last October, during a nonviolent direct-action protest against the American Public Transit Association (which is resisting making all its buses accessible to the handicapped), there was this report by George Stein in the October 7 Los Angeles-Times: “During the procession, 131 wheelchairs, stretching more than a block, carried people with disabilities ranging from spina bifida, cerebral palsy and muscular dystrophy to snapped spinal cords, congenital defects and post-polio paralysis. “Many had the withered limbs and lack of body control that the more fortunate usually try not to stare at. “But not Sunday. Motorists slowed to watch the sight. Some honked in support. One of the demonstrators was Bob Kafka, a spokesman for ADAPT (American Disabled for Accessible Public Transit) "This is beautiful,” Kafka said as he wheeled along “I am tired of being closed away." Carolyn Earl, who uses a wheelchair, tried to make a reservation at the Harrison Hotel in Oakland, California. The clerk wouldn't take an advance deposit. Suppose there's a fire, he said. The hotel would be liable. But call back, he said. She did. Ain't that a shame, there are no rooms with baths, and she'd asked for a room with a bath. Okay, the woman said, I’ll take a room without a bath. The clerk said that for her, there were no rooms, period. Just like it used to be with blacks and Jews. It happens, however, that according to Section 54.1 of California's Civil Code, it is as unlawful to discriminate in public accommodations against people with disabilities as it is to exclude racial and ethnic minorities. Carolyn Earl went to court. In December 1984, the hotel agreed to pay her damages and to sign an agreement pledging never again to refuse lodging to anyone who is disabled. In Louisville last fall, Steve and Nadine Jacobson, who are blind, were on trial. The charge: disorderly conduct. On July 7, they had been sitting in exit-row seats on United Airlines Flight 869 to Minneapolis, where they live. Airline personnel and security employees from Standford airport ordered the Jacobsons to get out of those seats. In the event of an emergency, the Jacobsons were told, they, being blind, could jeopardize their own safety and that of others. The rationale for the policy, it came out at the trial, was a “test” some time back during which – now get this – sighted people were blindfolded two hours before a mock evacuation and it turned out that these “blind” people had trouble opening emergency exit doors as well as dealing with other evacuation procedures. On the basis of a test that used fake blind people to find out how real blind people might act, the Federal Aviation Administration—long known for its stunning brilliance—issued an advisory circular suggesting to airlines that they keep blind folks out of those emergency exit rows. As they were trying to get the Jacobsons to move, United Airlines personnel kept insisting that a "Federal regulation" said they had to get out of those seats. The Jacobsons, however, had just come from a convention at which that very advisory circular had been discussed. They knew there was no rule. And so they sat. And sat. Irritated passengers offered to trade seats with them. Another yelled that the Jacobsons were holding everybody else up. "How can you be so selfish?" And another, speaking from the heart, pointed to Nadine Jacobson, and said to a neighbor: “No wonder God punished her by making her blind!" Eventually, the Jacobsons were removed from the plane and charged with disorderly conduct—not with violating the alleged “Federal regulation." At the trial, Steve Jacobson told the jury: “All through my life, there were things I was told I couldn't do because I was blind. In college, they said I couldn't take math." (Mr. Jacobson is a computer analyst for 3M.) He went on to say that he kept ignoring all the advice about all the things he couldn't do because he was blind. “I just had to go on," he said. Where he works, he was told not to use the escalator. He could get hurt. He uses the escalator. That day at the airport, “To move from my seat would reinforce all that I've worked not to have happen. To move would say to the other people on the plane that I am less capable than any sighted person to open that emergency door. And that isn't. the case. It just isn't.” As for Nadine Jacobson: “I was scared. I had never been arrested before. I felt really bad that people were angry and upset, and that the plane was being delayed." But still she wouldn't move. “Many times people make assumptions about what we [blind people] can do and can't do. I knew that if I moved from that seat, everyone would think that anyone else was more competent than me. It's an issue of self-respect. I'm a citizen of this country, and a blind person, and I feel I have a right to travel in this country, and if I get assigned a seat, I have a right to sit there." Would the jury have been convinced solely by what the Jacobsons said? I don't know. But I expect they listened with much interest to testimony by Mark D. Warriner of Frontier Airlines, who said his company had stopped discriminating against blind people as a result of a March 1985 evacuation drill by World Airways, which showed that blind people—real blind people—got out during an emergency faster than sighted passengers. The Jacobsons were acquitted. The verdict, said Nadine Jacobson, was “a step forward for blind people all over the country." Footnote: None of the police officers or the security personnel involved in arresting the Jacobsons would give them their names. Without the names, the Jacobsons could never identify them, ho-ho. But an attorney sitting in front of the Jacobsons on the plane handed them a piece of paper with one of the names, and that led to others being revealed. The stories about the Jacobsona and the woman trying to get a hotel room originally appeared in The Disability Rag in somewhat different form. There is nothing like that paper in the whole country. It covers the whole disability rights spectrum—from what‘s happening in the courts to the directions being taken by groups of nonviolent resisters. It publishes memoirs, jeremiads, parodies, and material for which there is no category. It is the liveliest publication I know. It has grace and beauty and fury. It costs $9 a year, from The Disability Rag, Box 145, Louisville, Kentucky 40201. You have a choice of print, cassette tape, or large-print edition. We shall be getting back to public transit, along with education, jobs, and stereotypes of people with disabilities in movies and television as well as in print. The importance of access to buses and other forms of transit has been distilled by Wade Blank of ADAPT: “Jobs and education don't mean much if you can't get a bus to take you there. Accessibility to public transportation—moving from one place to another—should be a right, not just a consumer service." Recently, Wade Blank was telling me how, because of ADAPT and the pressure it keeps putting on, 78 per cent of the buses in Denver, where ADAPT is based, are now accessible. Soon, with 200 new buses on order, all of them with lifts, people with disabilities will be able to ride 90 per cent of the Denver buses. Already, Blank said, this access means a lot. “I know a man with cerebral palsy," Blank continued. “He has no use of his legs or arms. He can't speak. But now, with the buses accessible, he can ride around and see the sights and come to our offices. He can move where and when he wants to in the Denver community." He's no longer closed away. In Dallas, Kataryn Thomas, 57, was arrested last month during an ADAPT demonstration against the recalcitrant Dallas Area Rapid Transit Authority. She was born with spina bifida, uses a wheelchair, has worked as a receptionist, and when she was busted, a bright orange flag connected to the back of her chair fluttered in the breeze. The words on it were: “Free Spirit." “l don't have to climb any mountains," Kataryn Thomas told the Dallas Times Herald. “I just want to ride the public transit.”
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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!"
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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.
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The Cincinnati Post, Thursday, May 22, 1986 [We don't seem to have the beginning of this article] Protest (from page 1B) 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 El Paso. Those pleading not guilty to charges of disorderly conduct and given higher bonds because of prior records were Robert Conard, 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 Lozano, 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. The Cincinnati Human Relations Commission is investigating complaints that some handicapped people may have been denied access to the Westin Hotel. Robert Harris, the commission’s community representative for the disabled, said today at least four handicapped persons not connected with ADAPT were at least temporarily denied entrance to the hotel. “The process was geared against people in wheelchairs,” Harris said.
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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.
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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.
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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.
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Letterhead: logo with two stylized wings? or ribs? or plant? National Committee for the Rosa L Parks Shrine 9311 Wildemere Detroit Michigan 48206 Tele 313-898-6776 October 3, 1986 ADAPT Atlantis Community Inc. Rev. Wade Blank Eastside Office 4536 E. Colfax Denver, Colorado 80220 Dear Rev. Blank, Mrs. Parks will not be participating in the press conference on October 5, 1986 at twelve noon for ADAPT because, of the tramatic manner in which you choose to dramatize disabled Americans lack of access to public transportation. Mrs. Parks supports active peaceful protest of human rights issues not, tactics that will embarrass the cities guest and cripple the cities present transportation system. We do not wish any American to be discriminated against in transportation or any other form that reduces their equality and dignity however, we cannot condone disruption of Detroit city services. Please excuse the sudden withdrawal from what we originally thought was a conference to present ADAPT's issues on equal rights for disabled Americans in public transportation to the City of Detroit. We wish you success in securing equal rights for all users of public transportation. Very truly yours, Elaine Steele, Assistant to Rosa L. Parks