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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 (569)
Disabled occupy House offices; 59 are arrested By Frank Wolfe and Sonsyrea Tate The Washington Times 3/15/90 About 300 disabled demonstrators from 40 states occupied two congressional offices and the House Judiciary Committee room in the Rayburn House Office Building for about five hours yesterday before Capitol Police began making arrests. The participants at times discarded wheelchairs and dropped to the floor in one representative's office as part of their demonstration for passage — without weakening amendments — of the Americans with Disabilities Act. Last night, 59 persons were arrested for unlawful entry when they refused to leave the building after the House ended its session about 8 p.m., Capitol Police said. The rest of the demonstrators left peacefully. Police, some wearing optional rubber gloves, carried the demonstrators out. The protest began about 3:15 p.m. when the activists, including 101 arrested Monday in the Capitol Rotunda, occupied the offices of Reps. Hamilton Fish Jr., New York Republican, and Bud Shuster, Pennsylvania Republican. Members of the group also occupied the meeting room of the Judiciary Committee, which is slated to consider the bill. It has passed the Energy and Commerce Committee by a 40-3 vote. But one of the amendments would make flexible the requirement that mass-transit authorities provide lift-equipped transportation for disabled people. Authorities could choose instead to provide “paratransit" services such as minivans. Protest leaders are concerned that such flexibility would lead to “segregated busing" in many states, said Mike Auberger, co-founder of American Disabled for Accessible Public Transportation and one of the protest organizers. Mr. Shuster was in a meeting of the House Select Committee on Intelligence yesterday afternoon and belatedly learned of the protest. Mr. Fish, ranking minority member of the House Committee on the Judiciary, offered his support for the bill with no weakening amendments and said he would use all measures available to him to defeat any such amendments, according to Ed Tessier, a quadriplegic who helped to organize the protest. Those assembled in Mr. Fish’s office then left. Later in the afternoon, demonstrators occupied Mr. Shuster‘s office, demanding to see the congressman and hoping to make it difficult for staff employees to leave. Mr. Shuster, a member of the House Public Works and Transportation Committee, acknowledged the demonstrators’ grievances and said the proposed transportation budget is severely lacking in money allotted for mass transit. “My heart goes out to them," the congressman told The Washington Times in a telephone interview. “I'm in a unique position. My mother was a double amputee in a wheelchair. I have more intimate experiences with the plight and problems of the disabled than perhaps any other member of Congress." The bill is slated for two other House committees, the House Committee on the Judiciary and the House Committee on Public Works and Transportation — committees the two congressmen sit on - before reaching the floor of the House. Mr. Shuster said that 100 percent federal mandate" wheelchairs would add 10 percent to the cost of buses and would provide “zero accessibility" for the thousands of disabled who need more comprehensive para-transit services, such as the minivan to transport them to bus stops. "This is a feel-good bill," he said. “There is no money accompanying the bill to pay for the costs it is proposing." He cited New York City, where he said there is, on average, one wheelchair rider per 19 buses, as an example of the need for a mix of lift—equipped buses and paratransit services. If there is a federal mandate on lift-equipped buses, he said, there would be a reduction in services for handicapped riders and for the general public.
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METRO Magazine March/April 1991 This article is on 568, 555,551 and 547 and is included here in its entirety for ease of reading. Disabilities Act Forces Sweeping Transit Changes Public, private operators must comply with new ADA law. Uncle Sam hustles to fine tune countless provisions. By Lenny Levine The Americans with Disabilities Act (ADA) will force sweeping changes on the transit industry, both public and private, and the battle to implement it is just being joined. When President Bush signed ADA into law last July shortly after overwhelming approval by Congress, it was the culmination of a decade-long struggle by advocates for the 43 million handicapped Americans and others to provide equal access for the disabled. The law affects transit buses, passenger trains, motorcoaches, stations and how the people who run them do business. Much is known about the law. Indeed, many in transit have long anticipated its provisions and made pieces of their operations “accessible,” the operative word. More, however, is not known. A slew of federal agencies is tuning the law. The name of the tune will unfold with time. What is known is this: Public agencies must make accessible all new vehicles purchased after last Aug. 25. Transit systems buying used vehicles must demonstrate “a good faith effort" to get accessible vehicles. Agencies that remanufacture vehicles to extend their life at least five years must make them accessible. All criteria, much of which has yet to be spelled out, must be implemented regardless of cost. All that also applies to private operators contracting with public agencies. There is some wiggle room, however. Waivers may be obtained in certain cases. That, too, will be spelled out as ADA is further refined. Motorcoach operators have more wiggle room, years of it. ADA says small private operators have six years after enactment of the law to become accessible, large operators, seven. But there begins the bureaucratic snafu. “What ‘small’ and ‘large’ mean haven't even been defined for us yet," said Steve Sprague, vice president for governmental affairs of the United Bus Owners of America (UBOA). He said “large” will probably be defined as Interstate Commerce Commission Class I operators. But the definition is a long way off. That definition — and countless other details that will govern the motorcoach industry —— will come from an old friend of bus folk. It is, ta da: THE STUDY. ”The study was mandated by ADA to govern the motorcoach industry. It is to be conducted by a broad-based committee of government, industry and technical people and advocates for the disabled over three years. Then the secretary of transportation reviews it for a year, and public comment is collected after that. Problem is, the study’s birth is overdue, wrapped up in Washington's womb of bureaucracy. Sprague, a member of the study’s committee, explained the delay like this: The committee is to be set up by the Office of Technology Assessment (OTA), an arm of Congress. OTA has never conducted such a study. And Congress has not yet given OTA money to do the study, although “the powers that be at OTA are trying to get the money." Sprague predicted the end result of the study will be that “overall, access must be provided for the disabled" by private operators. That could take many forms, Sprague said: There could be a subsidized pool of over-the-road vehicles regionally; the public fleet could be subcontracted to private operators; and, of course, private operators could make their vehicles accessible, one way or another. QUOTE highlighted from text: "It's a good thing we were given time to get things done" —Steve Sprague Charter law prevents public agencies from doing charter business if private charter buses are available, Sprague said, and it will remain so, for now. And there’s still the definition of what “access” means. UMTA is drafting rules and regulations. And the federal Architectural and Transportation Barriers Compliance Board has been holding hearings around the nation and must publish a final rule by April 26 on access to buildings and terminals, but not buses. In the meantime, while waiting for the federal government to define "access," Sprague said the secretary of transportation cannot demand wheelchair lifts on motorcoaches, but can only say buses must be accessible; that could be lifts, ramps or free assistance in boarding. “So it doesn’t necessarily mean there will be a bunch of new lifts," Sprague said, “because the secretary could not demand physical changes in equipment while the studies are under way. He can just say, ‘Don't discriminate.”’ With all the expected changes due, Sprague said, “It’s a good thing that we were given time to get things together.” If private operators have a few years to get things together, public transit agencies face Armageddon July 26. That’s when UMTA publishes a final rule on access. The notice on the rule will be published in March, said Richard Centner, UMTA director of public affairs, and there will be 60 days for public comment. Included in this complicated rulemaking process is input from federal agencies previously mentioned, plus the Federal Railroad Administration, Justice Department and other agencies within the Department of Transportation. An interagency task force has been formed, Centner said, to make sure all segments of the bureaucracy are on the same track. APTA recently was cosponsor of a seminar on accessibility, and is collecting data. For more information, phone Deborah Dubin at 202/ 898-4098. Transit agencies around the nation have long been providing service to the disabled, be it with paratransit, demand-responsive service or accessible buses. Some were doing it before ADA became a buzzword, others in anticipation of it. The Rapid Transit District in Los Angeles, for example, recently celebrated a decade of accessible service to the disabled. In 1974 the RTD became the first transit agency in the nation to begin buying all new buses with wheelchair lifts. “Today, 97 percent of RTD’s bus fleet of more than 2,600 buses are equipped with a wheelchair lift, and in the next couple of years the entire fleet will be lift equipped," said RTD General Manager Alan F. Pegg. Three percent, or 40,000, of RT D’s 1.3 million daily riders are disabled. Wheelchair boardings average 400 a day. In 1986 half the proceeds from a San Francisco Muni senior citizen fare increase were earmarked for paratransit. In 1989 San Francisco voters followed the lead of other voters in the area and approved a local sales tax increase for transportation, with eight percent of it set aside for paratransit. The Toledo Area Regional Transit Authority in Ohio recently began a program to help visually-impaired bus passengers. Cards are provided displaying the passenger’s bus route in a number large enough for a driver to see. The Central Ohio Transit Authority and a local group will share a $42,000 grant from Project ACTION to create and demonstrate cooperative methods for improving accessible public transportation. A local steering committee has proposed: mobility fairs where passengers can get training in using lifts; training for drivers; tapes to train passengers to become independent when using the transit system; and hosts and hostesses on the agency’s 41 new lift-equipped buses to help new riders. In addition to changing the face of transportation, ADA is also spawning a host of products. New wheelchair lifts and securement devices are only the beginning. One new product, Luminator’s large-format GTI Matrix Sign, is nearly double the size of the company’s MAX sign system. The new system has 16 rows by 112 columns and can display characters 9.5 inches high on a single-line message or two lines of characters 4.1 inches high. Luminator, of Plano, Texas, promotes the system as beneficial to riders who have limited vision. Remember ADAPT? “We've gotten everything we wanted in public transit,” said Wade Blank, founder of a group called ADAPT. Blank’s group was a driving force behind ADA and he and his colleagues have been a fixture for years demonstrating at APTA conventions. “I missed the intrigue of this year's convention," Blank admitted. ADAPT is still active in the rulemaking process for buses and trains, working with UMTA on an advisory task force.... Blank said, though, there is still some work to be done in the private sector. He said he is negotiating with Greyhound to allow a wheelchair on its buses instead of stowing the wheelchair and having an attendant put the wheelchair passenger in a regular bus seat. Blank also noted that it might not cost much more to build all buses from scratch with wheelchair lifts. He said, “We have agreed to accept the regulatory process and accept the five or six years" it will take to implement ADA for private operators, but “we really don't need five or six years. "The writing is on the wall." Although Blank may miss the intrigue of bus conventions, his group is taking on a new public giant. The group has changed its name from Americans Disabled for Accessible Public Transit to Americans Disabled for Attendant Programs Today. ADAPT is tackling the nursing home industry, which Blank said gets $19 billion yearly from Medicaid. Blank would take S5 billion of that and put attendants in homes of the elderly to care for them, thus keeping them out of nursing homes. Many questions remain on implementing ADA They involve more than just making buses and trains accessible to wheelchairs. Are elderly people, for example, considered “disabled?” There will be detailed regulations devised to accommodate the blind and the deaf. That could include special markings on vehicles and terminals. Route signs, handrails and fare boxes must be “accessible.” What about securement devices? And ADA specifies new employment provisions. Beginning July 26, 1992, employers with 25 or more employees cannot discriminate against qualified people with disabilities in job application procedures, hiring, promotion, firing, pay and job training. The employer must also make “reasonable accommodation" to disabled workers such as making existing facilities accessible, job restucturing, part-time or modified work hours and the provision of qualified readers or interpreters. On July 26, 1994, the provisions extend to employers with 15 or more workers. Transit people “are concerned about implementing ADA without cutting service," said an industry insider. “People candidly ask what will happen it they don’t (implement ADA)? lt will be a given there will he a lot of lawsuits if they don't, but we're all working together on this." "... in the next couple of years the entire fleet will be llft equlpped." -- Alan F. Pegg PHOTO: Close up of Wade Blank. He is wearing tinted, wire-rimmed, round glasses and his long hair falls from the part in the middle of his head. Caption reads: Blank. PHOTO: Close up on sign on the front of a bus reads "FLXIBLE" and an access symbol on one side. Caption reads: Luminaior's new matrix sign with letters 9.5 inches high is easier to read for passengers with vision problems.
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Rocky Mountain News Weds., May 23. 1990 (There are 2 articles here. The first article starts here on 567 and continues on 565, the whole story is included here for ease of reading. The second article comes after the first one.) WORLD & NATION News Editor 892-2634, John Davidson, National Editor 892-2731 Clifford D. May, International Editor 892-2739 House OKs rights bill for disabled Measure would ban discrimination Scripps Howard News Service WASHINGTON — The House yesterday passed legislation to outlaw discrimination against 43 million disabled Americans. The 403-20 vote in favor of the bill, regarded as the most sweeping civil rights legislation in a quarter-century, sends it to conference with the Senate, which passed its version 76-8 last fall. The measure is backed by President Bush, who campaigned on the Americans with Disabilities Act in the 1988 presidential race, when few voters had heard of the bill. Rep. Steny Hoyer, D-Md., who shepherded the legislation through the House, hailed it as “the most significant civil rights legislation since the Civil Rights Act of 1964.” The 1964 law barred discrimination based on race, sex, religion, color or national origin in private employment, public accommodations and government service. The Americans with Disabilities Act would extend civil rights protections to the disabled as well. Passage came despite opposition from business groups, which have complained about the potential for lawsuits along with the cost of adapting offices, plants and stores for disabled workers and customers. Sponsors counter that keeping the disabled out of the economic mainstream costs $170 billion a year in government benefits; they say this bill has been changed to take account of business concerns: Companies with 25 or more workers would have two years to comply with the employment provisions, with four years allotted firms with as few as 15 workers. To ease the expense of making smaller stores, restaurants and other public accommodations accessible to the disabled, the House voted to give small businesses at least two years to conform and exempted firms with fewer than 10 workers for 30 months. In Colorado According to Randy Chapman, director of Legal Services for The Legal Center Serving People with Disabilities. the expected passage or the American Disabilities Act will affect the state in three key ways: protect people with mental disabilities, allow disabled people to collect attorneys fees when challenging discrimination and require private businesses to provide reasonable accommodations for people with disabilities. A state law protecting people with mental disabilities is expected to take effect in about a year, but a federal law would take effect immediately, he said. Chapman said businessmen's fears that the law will cost them in litigation and renovations are somewhat unfounded. "Most (businesses) need little or no accommodations . . . and there was substantial litigation when a similar law (for employers receiving federal funds) was passed." Michael Auberger, co-director of the Colorado-based Atlantis Community for disabled citizens, said, "The law will open up the job market, the retail market . . . it will make us a legitimate class that has protection under the law that we never had before." —- Diane Goldie
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Rocky Mountain News, Fri., March 23, 1990 U.S. plans to require handicapped-accessible buses Associated Press WASHINGTON — The government announced plans yesterday to require that all federally aided bus systems buy only vehicles that are accessible to the disabled and provide special door-to-door transit for those who can't make it to bus stops. Requiring both access and special services for all systems is expected to “increase significantly the amount and quality of service available to persons with disabilities," said a Transportation Department announcement. Groups representing the handicapped praised the announcement and a transit industry spokesman said bus companies are prepared for it. The proposed rule, expected to become final in September after a period for public comment, would match some of the requirements of legislation pending in Congress and meet the key transportation demands of disabled rights activists. More than 150 people were arrested in two incidents last week during demonstrations in Washington for the Americans With Disabilities Act. “The Bush administration is committed to policies that will ensure that people with disabilities have the opportunities available to other persons to use our mass transit system," said Transportation Secretary Samuel Skinner. Announcement of the proposed rule met the requirements of a Philadelphia federal court order that required the department to examine and change existing regulations but did not mandate what the changes should be. The order came in a suit by more than a dozen groups representating the handicapped. The department asked for comment on several options for exempting transit companies that would find it too costly to provide special door-to-door services for the handicapped. but no exemptions would be allowed for accessibility on all new buses. The rule does not require that wheelchair lifts or other devices be retrofitted onto existing buses but would apply to all new and refurbished buses and require companies to make an effort to buy only used buses with such equipment if available. IN COLORADO The Bush administration order making transit buses handicapped-accessible is seen as the climax of 12 years of activism by the group American Disabled for Accessible Public Transit, which was founded in Denver. “It's a substantial victory,” said Wade Blank, a co-founder of ADAPT. “Denver led the charge (for wheelchair-accessible buses) all across the country. Blank participated in recent demonstrations in Washington, D.C.in which hundreds of disabled people pushed for quick passage of the Americans with Act, which would extend civil rights to disabled people. Dozens were arrested during the demonstration, which Blank believes spurred the administration to act. Blank said cities as Pittsburgh and Cincinnati with public transit systems that are inaccessible to the disabled, would be forced to equip buses. --Leroy Wiiliams