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Beranda / Album / Tag ADA 55
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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.“ - 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 (603)
Weekly Reader Edition 4 Volume 71, Issue 7, October 27, 1989 PHOTO (-(c) 1988. Paralyzed Veterans of America, by permission of Paraplegia News): A metrobus (city bus) is stopped at a bus stop. A man in a wheelchair is sitting on the lift that comes out from the front door of the bus. He's wearing a sports coat, tie and has a neat beard and laptray with something like a brief case or computer resting on the lap board on his chair. He is up at the level of the floor of the bus and he is talking with 2 women in business attire who are standing on the sidewalk at the bus stop. There is an tall, modern office building across the street behind the bus. Caption reads: Buses with special lifts help disabled people in wheelchairs travel around. [Headline] New Law for Americans with Disabilities Can a deaf person use a public telephone? Can a person in a wheelchair work on the top floor of a tall building? Can a mentally retarded person work and earn money? The answer to all of these questions is yes—if they receive special help. A new law in the U.S. may provide that special help for millions of disabled Americans. The law is called the Americans with Disabilities Act. The law says that Americans who are disabled have the same rights as Americans who aren't disabled. The law may help change and im- ... (Continued on page 2) INSERT: Vocabulary Box disabled—not able to do something right—something to which a person has a claim - 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 (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 (585)
Handicapped Coloradan [Headline] These are the people who chased APTA George Florum, 47, of Colorado Springs, is a T3 para who fell out of a cherrypicker. He went to work for Atlantis and became involved with ADAPT in April of 1985. Florum has been arrested between 15 and 20 times on charges ranging from instigating a riot, blocking entrances, and chaining himself to doors and buses. "I think the disability movement has really grown," Florum said, "In April of '85 in San Antonio 15 people were willing to be arrested. Now people are standing up for their rights, and I think it's great." Joe Carle, 51, of Dallas, is a single amputee with artery problems. "I was the first to go through the training seminar," Carle said. "The second big seminar was to take on McDonald’s. Now, transportation is fairly won, but access will be a continuing battle. The disability movement can go anywhere." Rick James, 39, had encephalitis when he was two years old. Five years ago he was one of 20 people who did a "crawl on" on a bus, and three weeks later he was part of a group that got together and blocked a bus. “We will get ADA passed," James said, "and then take on any issues we feel necessary, such as health care, attendant care, the Greyhound company, housing - any of a number of issues." Cathy Thomas, 60, of Irving, Tex., has spina bifida and became involved with ADAPT - when a disability group she belonged to that was trying to get accessible transportation in Dallas asked ADAPT for help. She says, “At this point rights for disabled people are inevitable, We want to get as many buses accessible as possible. If President Bush is sincere in wanting to mainstream people with disabilities, then it's time he took the first step in getting us accessible transportation so we, too, can pursue the American dream." Rhonda Lester of Denver is the mother of Kenny Perkins, 5, who was refused access to an RTD bus in October 1987. “They viewed Kenny as a baby because of his chair," Lester said. “They wanted to board him separately from his chair-in other words, he was to be carried on. So I called Wade Blank on a Thursday and on Friday help came. Larry, George, Ken, ET and Julie blocked a bus. They let us on, we changed the policy, and I was allowed to attend a training meeting." When asked if there has been a lot of resistance to Kenny, Lester said, "Oh, yeah. People see one of ‘Jerry's Kids,' not the wheelchair I hope our actions and civil disobedience help to get full integration for my son." As to the controversial issue of children in the disability rights movement, Lester said, "As the mother of a disabled son, I feel that no one has a bigger right than myself to fight for my son's rights, although there are some who would disagree very strongly with this view. "Children need to be in the movement because it is for the children . . .the ultimate goal.” THANK YOU, ADAPT A poem by Rhonda Lester There is a little boy Very close to my heart Who is a bit different But handsome and smart. Strangers who meet him Can't get past the chair, But he goes on bravely, Not seeming to care. He's strong and he's tough- He almost has to be- But he is one of the warriors Who wants to be free. We are always standing by you, For our fight is real. We wanted you to know How grateful we feel. So thank you all clearly For all that you've done For the movement, myself, And my son. All photos in this issue by Bob Conrad. PHOTO: of George Florum looking to the side in an "ADAPT or perish" t-shirt. His dark hair is short and a trim beard and mustache outline his mouth and jaw. He looks fit and determined. PHOTO: George Cooper, an older man in a wheelchair blocks a doorway partially with another person in a manual wheelchair. Walking bureaucrats, some with badges stand behind them looking as though they want to get through. George is speaking with a woman who is looking down toward the floor. Caption: George Cooper of Dallas occupies the Federal Building. PHOTO: A small person in a manual wheelchair being pushed by a woman behind, sits at one end of some police barricades while a man in a manual chair sits at the other end. Behind the barricades a ways off is a line of police standing together. Caption: At the barricades. PHOTO: A group of people in wheelchairs is gathered at one side of the picture, a woman in a wheelchair at the back of the group holds high the ADAPT flag. Beneath it you can see Lincoln Blank and a few other protesters are clustered on the other side. The group seems to be at the entrance of a hotel type building. Caption: A large flag is unfurled. - ADAPT (570)
Rocky Mountain News - Fri., July 27, 1990 Mayor vows action on accessibility law Pena says city will help businesses comply By Ann Carnahan, Rocky Mountain News Staff Writer Denver Mayor Federico Pena promised yesterday to help business owners comply with new legislation requiring them to make offices and stores accessible to the disabled. Facing a roomful of people in wheelchairs, the mayor said he would review the city's permitting system to eliminate “unnecessary obstacles” that owners could face in making modifications. “We don't want to be a stumbling block,” Pena said. “We are evaluating the full range of options available . . . everything from making adjustments to fees to making adjustments to other criteria we have.” A recent University of West Virginia study showed that the average job accommodation cost is less than $500, officials said at the press conference. President Bush yesterday signed into law a measure barring discrimination against 43 million Americans who are disabled or have AIDS. Within two, years, businesses must be made accessible to disabled workers and customers. Public accommodations must comply within 18 months. “There are going to be some in the private sector who will argue that this costs too much, that this is an unfair burden," Pena said. “I say we are losing money because we have . . . Americans who cannot participate fully in the economic life-stream of this country because our buildings are not accessible." Denver has a reputation among the handicapped of being one of the most accessible cities in the country, said Laura Hershey, director of the Denver Commission for People with Disabilities. Prior to yesterday, modification requirements applied only to federal programs, Hershey said. But in Denver, all public buildings constructed since 1983 must be accessible to the handicapped. High spirits marked the press conference yesterday in Pena’s office as the mayor congratulated the disabled who have lobbied many years for this legislation. “This is freedom. It's acceptibility,” said Sueann Hughes, who has multiple sclerosis. “For the first time in a long time, we don't have to worry about being discriminated against." Pena also outlined several other steps the city is taking to help the disabled: * Co-sponsoring - a conference on April 30, 1991, that will address the new law's impact on Colorado. * Examining the city's employment system to determine whether there are ways to recruit and hire more people with disabilities. * Stepping up the city's curb ramp construction program with increased funds under the bond issue projects. - 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. - ADAPT (568)
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. - ADAPT (567)
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 - ADAPT (564)
PHOTO: The West steps of the Capitol and on them in the foreground a man in a suit coat and dark pants, with obvious effort, pulls himself up the steps. In his left hand is a pair of crutches. His head is bowed down below his shoulders. In the middle of the steps another person is crawling up the steps on hands and knees. In front of this person is another crawling. Several camera people are standing on the steps filming people crawling up. In the middle an man in a suit with a box-like brief case walks up the steps. The crawlers appear to be fairly dispersed on the stairs. At the top of the picture you can see the Capitol building and the start of the dome. Caption reads: Over 75 ADAPT members crawl up the Capitol steps that symbolize Congressional obstacles to passing ADA; March, 1990. - ADAPT (563)
A TICKET White with red borders on left and right sides. On each border in white print it says Admit One. In the center top is a logo with a circle of 50 stars on the outside. Inside is a shield which is vertlcally striped on the bottom three quarters and horizontally on the top quarter. The shield is in front of an Eagle. The eagle's wings are spread wide and his feet are also spread wide and he is clutching one kind of plant in his left talons, and another in his right. His tail appears below the shield. In his beak he holds a banner which spreads over his head and reads I PLURIBUS UNUM. A fan-like shape behind the eagle is topped with circles and on the fan are 13 more stars Below the logo, the ticket reads: The White House Americans With Disabilities Act Signing Ceremony July 26, 1990 ~ 10:00 AM South Lawn Please Arrive Southeast Gate at 9:00 AM / Rain or Shine - ADAPT (562)
USA Today, Wednesday, March 14, 1990 * 3A CLOSE-UP: RIGHTS OF DISABLED House panel passes landmark bill. As wheelchair-bound activists demonstrated at the Capitol, a sweeping civil rights bill for the disabled survived a key House vote. The Energy and Commerce Committee, successfully fending off an attempt to exclude people with AIDS or the HIV virus from the bill's protection, recommended the measure 40-3. Passed by the Senate last year, the bill gives the disabled the same civil rights and job protections that minorities won two decades ago. It also calls for public places and public transportation to be made accessible to people in wheelchairs and requires telecommunications systems to accommodate the deaf. "Ensuring equal rights for the disabled will result in greater productivity and responsibility for a significant portion of our population,” said Rep. Thomas Luken, D-Ohio. An estimated 43 million disabled could be affected. Meanwhile, police arrested 104 disabled demonstrators who confronted House Speaker Thomas Foley, D-Wash., in the Capitol Rotunda on the second day of intense lobbying by disabled people seeking quick passage of the bill. Foley reassured the demonstrators he is “absolutely satisfied” the measure “will become law.” Earlier, Rep. William Dannemeyer, R-Calif., was rebuffed in attempts to exclude people with contagious diseases or behavioral disorders from coverage. “When the people of this country realize just how far-reaching (the bill) is, they will rise up in opposition,” he predicted. But Rep. Henry Waxman, D-Calif., said the bill does not protect people with diseases that can be transmitted through the air: “If someone poses a threat, they can be discriminated against." (Help sought for AIDS victims, 2D) PHOTO (AP): Close-up of a man's face with large glasses, large ears and dark hair. He has a look of urgency on his face. Caption reads: Luken: Cites 'productivity' - ADAPT (561)
Thur., March 15, 1990 Rocky Mountain News GREATER DENVER & THE WEST * 19 Denver disabled keep pressure on at U.S. Capitol By John Brinkley News Washington Bureau WASHINGTON — A Denver-based group of disabled people continued its pressure on the U.S. Capitol yesterday, converging on the office of a congressman whom the demonstrators said was opposed to their agenda. The congressman, Rep. Bud Shuster, R-Pa., was not in. An aide refused to tell them where he was and said he would not be back in his office yesterday or today. Some of the disabled people vowed to camp out there until he returned. Michael Auberger, a 35-year-old quadriplegic from Denver, who co-founded American Disabled for Accessible Transportation, said Shuster had introduced legislation to exempt cities with fewer than 200,000 residents from having to equip mass transit buses with wheelchair lifts. If the exemption were enacted, “you're really screwed if you live in a city of 199,999,” Auberger said. Shuster also sponsored legislation to exempt cities that have “inclement weather," such as Denver, he said. “The transportation system in Denver could say, ‘we're not going to provide any m'ore lift-equipped transportation. We don't have to,’ ” Auberger said. “That's a major issue, because not everybody lives in the Sun Belt." Shuster’s administrative assistant, Ann Eppard, said she could neither confirm nor deny that Shuster had sponsored such legislation, and said the aide who would know was not in, either. The “visit” to Shuster’s office continued a week of often-militant protest by hundreds of ADAPT members, most of them in wheelchairs, from across the country. Their main purpose has been to push for quick passage of the Americans with Disabilities Act, which would extend a broad range of civil rights protections to disabled people. The House Energy and Commerce Committee passed the bill, 40-3, on Tuesday as 104 of the disabled people were being arrested and jailed for unlawful entry and demonstrating in the capitol. The Senate passed its version of the bill last year. The arrestees, including Auberger, were released later with orders to appear in Court today. Auberger said his group was also concerned about the Bush administration's position that disabled people should not be entitled to punitive damages when filing discrimination suits against businesses that fail to accommodate them. Legislation is pending that would afford them that right, and Attorney General Dick Thornburgh has told Congress that the administration opposes it. “I think it's unfortunate that this administration doesn't want to see disabled rights equal with other minority rights,” Auberger said. Without the threat of punitive damages, “there's no incentive for a business to end discrimination.” - ADAPT (560)
U.S. to mandate bus service for disabled By The Associated Press WASHINGTON — The government announced plans yesterday to require that all federally aided bus systems buy only vehicles that are accessible to the disabled and provide special door-to-door transit for those who can’t make it to bus stops. Requiring both access and special services for all systems is expected to “increase significantly the amount and quality of service available to persons with disabilities,” said a Transportation Department announcement. In Denver, all buses owned by the Regional Transportation District are equipped with wheelchair lifts, and the district also provides a door-to-door service for handicapped riders. Groups representing the handicapped praised the Washington announcement and a transit industry spokesman said bus companies are prepared for it. The proposed rule, expected to become final in September after a period for public comment, would match some of the requirements of legislation pending in Congress and meet the key transportation demands of disabled-rights activists. More than 150 people were arrested in two incidents last week during demonstrations in Washington for the Americans With Disabilities Act. “The Bush administration is committed to policies that will ensure that people with disabilities have the opportunities available to other persons to use our mass transit system,” said Transportation Secretary Samuel Skinner. Announcement of the proposed rule met the requirements of a Philadelphia federal court order that required the department to examine and change existing regulations but did not mandate what the changes should be. The order came in a suit by more than a dozen groups representing the handicapped.