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ADAPT (261)
The Cincinnati Post Thursday May 22, 1986 1B [This article continues in ADAPT 251, but the entire text is included here for easier reading.] PHOTO by Patrick Reddy/The Cincinnati Post: A lone man in a wheelchair (Glenn Horton) sits in front of a metal police barricade. He wears his pale ADAPT T-shirt with the ADAPT no steps logo imprinted in black on the front. He looks casual but determined, with one foot resting higher on his chair than the other, and his hands folded in his lap. Behind him is cavernous black, some kind of entrance. And around him stand four police officers dressed in dark colors, with light colored hats with eye shades. Each officer is looking determinedly in a different direction. Caption reads: Four police officers look on as Glenn Horton of El Paso, Texas, waits for a van to take him to the Hamilton County Jail after he was arrested at a protest at the Westin Hotel. Horton was among 17 disabled protesters arrested Wednesday. Title: Protesters ready for long jail stay Post staff report Comparing Cincinnati to Selma, Ala., in the 1960s, 11 members of a handicapped activist group are vowing to stay in jail to end alleged discrimination against the handicapped. Of 17 disabled protesters arrested Wednesday, 14 were charged with disorderly conduct for blocking the Westin Hotel entrance. Three were charged with criminal trespassing after chaining themselves to the front doors of Queen City Metro’s offices at 6 E. Fourth St., downtown. Scheduled court dates ranged from May 28 through June 2, so some of the protesters could be in jail for as long as 12 days. Demonstrating against lack of access to Queen City Metro buses, members of Americans Disabled tor Accessible Public Transportation have timed protests this week to coincide with an American Public Transit Association conference at the Westin. The five-day conference ended Wednesday night. “This (Cincinnati) is the Selma, Ala., of the disabled civil rights movement,” said the Rev. Wade Blank of Denver, a founder of ADAPT. “People from all over the country have been calling to say they are willing to get arrested. This has not happened in many cities.” Access Service, Queen City's alternative transit system for the elderly and handicapped, is inadequate and overloaded, ADAPT members say. “We are committed and the people who got involved in this knew it would be more than an overnight stay in jail," said Stephanie Thomas, an ADAPT organizer. “We will not post bond for them." The 11 jailed ADAPT members have been separated from the rest of the prison population and have a full-time employee watching over them at the Hamilton County Justice Center, said Victor Carrelli, Hamilton County chief deputy sheriff. Hamilton County Municipal Judge David Albanese held a special two-hour hearing Wednesday for the 17 under judicial orders covering mass arrests or civil disobedience cases. Those charged with crimi nal trespassing were Michael W. Auberger, 32, of Denver, Colo.; George Cooper Jr., 58, of Irving, Texas, and Robert Kafka, 40, of Austin, Texas. Albanese set bond for the three, who pleaded not guilty, at $3000 cash and "banned them from the city if they chose to post bond. They did not. Kelli Bates, 21, of Denver, the only woman arrested, was the only ADAPT member to plead no contest to a disorderly conduct charge against her. Albanese found her guilty and sentenced her to 30 days in jail if she has not left the city by Friday or enters the city before Friday. Lonnie Smith, 30, of Denver, charged with resisting arrest and disorderly conduct, pleaded not guilty. Albanese set a $2500 10-percent bond for the resisting charge and a $1500 10-percent bond for the disorderly conduct charge. Those pleading not guilty to charges of disorderly conduct and placed on a $1500 10 percent cash bond were Ernest Taylor, 31, of Hartford, Conn.; William Bolte, 54, of’ Los Angeles; Glenn Horton, 46, of El Paso, Texas; Joseph Carl, 47, of Denver, and James Parker, 40, of E1 Paso. Those pleading not guilty to charges of disorderly conduct and given higher bonds because of prior records were Robert Conrad, 32, of Denver, on a $2000 10-percent cash bond and George Roberts, 37, of Denver on a $3000 10-percent cash bond. Those pleading not guilty to charges of disorderly conduct and released on a $1500 unsecured bond because of medical problems were Arthur Campbell, 39," of Louisville; Kenneth Heart, 36, of Denver; Efrain Lozazno, 35, of El Paso; George Florom, 43, of Colorado Springs, Col; and Rick James, 36, of Salt Lake City. In all cases where bond could be posted, Albanese warned the people not to return to Cincinnati except for court appearances or meetings with their attorneys. Prosecutor Charles A. Rubenstein in many of the cases protested Albanese’s decision to allow the prisoners to be released on bonds. “There is a great likelihood if they are released on bond they would create "further problems and turn this court into a revolving door,” he said. However, James Nicholas of the public defenders office, who was appointed to aid the group's privately hired legal counsel, said "the group would cause no further problems. “The reason that they came, here is finished. They have no reason to remain." After the hearings were finished, Nicholas said most members of the group had vowed to remain in jail.
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THE PLAIN DEALER, THURSDAY, MAY 22; 1986 page 19-A PHOTO by AP: Four policemen in their fancy police hats are "rolling" a man (Rick James) up a 150 degree (ie. almost vertical) "ramp" into a van. Rick is sitting with his hands up by his chest. His hat is missing and his hair is flying out in all directions. His expression is a mix of amazement, disgust and resignation. Caption reads: Cincinnati policemen push Rick James of Salt Lake City, Utah, up a ramp into a van after he was arrested outside a downtown hotel as part of a demonstration by American Disabled for Accessible Public Transportation. Title: Cincy arrests disabled in protest of bus access By BILL SLOAT STAFF writer CINCINNATI — Police arrested l7 disabled people yesterday after they blockaded the entrance to a downtown hotel or chained themselves to the doorway of an adjoining office building that houses Queen City Metro, this city’s public bus service. Eleven of them refused to post bond and were in Hamilton County Justice Center under cash bonds ranging from $1,500 to $3,000. Five were released late yesterday on personal bonds. One pleaded no contest to disorderly conduct and was found guilty. Sixteen were in wheelchairs from polio, paralyzing spinal accidents, multiple sclerosis, cerebral palsy and amputations. One was blind and walked carrying a white cane. The arrests were made during a non-violent, noon demonstration that challenged lack of access to city buses here and around the nation. Chants of “We will ride" and “Access now” came from about 52 demonstrators outside the Westin Hotel. Some removed footstands from their wheelchairs and banged on metal barricades. Police stood behind the barricades and refused to let the demonstrators into the hotel. All 17 taken to jail said they were members of a national handicapped rights organization called American Disabled for Accessible Public Transportation. “This is a civil disobedience action," said Wade Blank, 47, a Presbyterian minister who helped organize yesterday's protest. Blank, who now lives in Denver, was involved in anti-war demonstrations at Kent State University in the 1960s when he lived in Akron. Several of the people loaded onto vans and hauled away to the Hamilton County Justice Center on disorderly conduct charges compared Cincinnati to Selma and Montgomery, two Alabama cities where civil rights activists were jailed by authorities in the 1960s. “The message needs to be sent out that we can’t ride a bus because we're handicapped,” said Glenn Horton, 46, of El Paso, Texas. "It's discrimination it’s segregation and it’s appalling that it could still be happening in this country." Horton said he had been confined to a wheelchair since age 9, when he fell and broke his back. Bill Bolte, 54, of Los Angeles, said handicapped people needed mainline bus service to get to jobs, movies, dates, shopping, banks and anywhere else they might want to go. “We're already in prison," said Bolte, who had polio 51 years ago. “We're going to see that what few rights we have are not going to be taken away. Our rights to public transportation are being deprived, and we will not sit for it." Organizers of the protest said they took to the streets because about 600 executives of public and private transit companies in the eastern United States and Canada were attending a convention in the hotel that ends today. Protesters said the convention should adopt a resolution supporting the installation of wheelchair lifts on all public buses in the nation. Many came from Denver, which has such lifts in use on its bus fleet. The demonstration also came a day after the U.S. Department of Transportation announced in Washington, D.C., a new regulation that allows transit authorities to establish alternative services for the disabled instead of putting lifts on regularly scheduled buses. Demonstrators complained the rule meant that buses, subways and rail lines wouldn't be made accessible to people in wheelchairs. Police Chief Lawrence Whalen said the comparisons with Alabama in the 1960s were unfair when it came to the police. Police in the South during the civil rights era often brutalized protesters. Whalen yesterday said, “Our officers handled themselves very admirably. The group has had their chance to protest and get their point across." He said the police assigned to make arrests had attended special briefings on how to handle disabled people and were instructed to ask the people in custody the best way to lift them into vans. “We wanted to be sensitive to their special needs." Whalen said. Three of those arrested yesterday were out on $3,000 bond after incidents Monday when two climbed aboard city buses, paid fares and refused to leave when ordered off by Queen City Metro officials. The third interfered with a bus. The three, Robert A. Kafka, 40, of Austin, Texas; George Cooper, 58, of Irving, Texas; and Michael W. Auberger, 32, of Denver, were charged yesterday with Criminal trespassing when they chained themselves to the entranceway of Queen City Metro's offices. Police Capt. Dale Menkhaus told his men to use bolt cutters to get them out of the building. Kafka, Cooper and Auberger had been ordered Tuesday not to set foot in Cincinnati by a Municipal judge at the time they posted bond, but another Municipal judge lifted the banning order shortly before yesterday's protests started. Police Chief Lawrence Whalen said 14 others were charged with disorderly conduct for their activities outside the hotel. Bond was set at $3,000 each, a Hamilton County Municipal Court official said. Before the demonstration began, the group gathered in a Newport, Ky., motel for a strategy session on civil disobedience. They agreed not to carry anything but identification with them when they confronted police in downtown Cincinnati and they voted not to post bail. None of the people arrested were from Ohio. The 11 who refused to post bond and were in jail last night are: Bolte; Bob Conrad of Denver; Joe Carle of Denver; Auberger; Horton; Jim Parker of El Paso, Texas; Cooper; George Roberts of Denver; Earnest Taylor of Hartford, Conn.; Lonnie Smith of Denver; Kafka. Kelly Bates of Denver pleaded no contest to disorderly conduct, was found guilty and sentenced to 30 days in jail, which she is to start serving tomorrow. Those released on personal bond are Ken Heard of Denver; George Florman of Colorado Springs, Colo.; Frank Lozano of El Paso, Texas; Rick James of Salt Lake City, Utah; and Arthur Campbell of Louisville, Ky.
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Gazette-Telegraph 5/21/86 Wheelchair-bound protesters arrested CINCINNATI (AP) — Police arrested at least 17 chanting, wheelchair-bound protesters who blocked a hotel entrance or chained themselves together in a doorway at the Cincinnati transit agency’s building Wednesday. Police said those arrested included George Florom of Colorado Springs; Joe Corle of Denver, Ernest Taylor and George Roberts of Hartford, Conn.; Rick James of Salt Lake City; and Glenn Horton, Jim Parker and Frank Lazano, all from El Paso, Texas. It was the third consecutive day of protests by a nationwide group called American Disabled for Accessible Public Transportation (ADAPT), which has staged similar protests elsewhere to demand equal access to public transit. Police said the 17 protesters who had been arrested were charged with disorderly conduct. They were taken in vans to the Hamilton County Justice Center, where they refused to post bonds.
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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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San Antonio Light, Monday April 22, 1985 METRO Section PHOTO by Jim Blaylock, San Antonio Light: ET, Earnest Taylor, holds his long lanky self in a wheelie on his manual wheelchair down on street level while other folks in wheelchairs and a couple of touristy looking walking people go by on the sidewalk by the edge of the hotel A woman in a motorized wheelchair up ahead has a sign on the back of her chair. Behind ET on the sidewalk, George Roberts?, rolls his motorized chair forward; he is wearing a cowboy hat and has a camera on a tripod attached to the front of his wheelchair. Caption reads: EQUALITY IS THE ISSUE: Members of the American Disabled for Accessible Public Transportation temporarily blocked the lobby of the Hyatt Regency Hotel yesterday afternoon to protest the lack of transportation access to the handicapped. [Headline] Protesters on Wheels Want Access By Laura Fiorentino [This article continues in ADAPT 185 but the entire story has been included here for ease of reading.] About 75 placard-carrying people in wheelchairs rolled through downtown streets, then stormed the lobby of a hotel, to protest the lack of transportation access to the handicapped. More than 30 San Antonio police officers were called in to keep the peace as the protesters, who belong to the American Disabled for Accessible Public Transportation (ADAPT), temporarily blocked the Hyatt Regency Hotel lobby yesterday afternoon. The demonstrators – many who had traveled from as far as Denver and El Paso – came to San Antonio yesterday to emphasize the need for wheelchair accessibility to conventioneers attending the American Public Transit Association’s weeklong meeting at the hotel. The group assembled at the Alamo, then moved to the Hyatt, which they circled four times before entering the lobby. “We’re talking about equality.” Mike Auberger of Denver, an ADAPT spokesman, said. “For so long blacks were separated, and that’s what we see happening here. The cost of these lifts isn’t what we’re talking about. It’s integrating everyone into the system.” In addition to the protesting transportation group, ADAPT also condemned the lack of wheelchair lifts VIA Metropolitan Transit buses and trolleys. Auberger said there are about 12,000 people in the San Antonio are confined to wheelchairs. He said only a small number of those are served by special buses provided for the handicapped every day. He said seven of the protesters outside the hostel yesterday were from San Antonio. But VIA General Manager Wayne Cook said local handicapped population does not want wheelchair lifts and instead prefers door-to-door service provided by special buses. “They (wheelchair lifts) are not an option,” Cook said at the hotel. “The local handicapped population does not want it. They want door-to-door service. We spent $1.2 million on the handicapped this year. They told us they don’t want lifts - they want special VIA trans buses instead.” Cook said each wheelchair costs about $15,000 and extra funds would be necessary to train a staff to maintain them. “What’s the point in having the ability to vote if you can’t participate?” Auberger said. “How can you give handicapped individuals jobs if they can’t get to work? Association officials at the hotel said that while they understood the protesters’ desire they agree with allowing each city to decide whether to install the lifts. “I sympathize with their desires and I wish I had the resources to make them (buses and trolleys) more accessible,” said association spokesman Jack Gilstrap, who met with the protesters before they disbanded. “The ironic aspect to all this in that we are on the same side. We want the best for the handicapped. We feel the courts’ decision that each city should decide how it should be handled is correct. They (the protesters) believe that ought to be dictated by Washington,” Gilstrap said.
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The Handicapped Coloradan, vol.8, no.7, Boulder, CO February 1986 (This article is continued in ADAPT 198 but the entire article is included here for ease of reading.) PHOTO 1: Along a street a large line of people in wheelchairs and others move past a shady park with vendors with small umbrellas over their stands. Several of the protesters carry placards in their laps, one of which reads: A PART OF NOT APART FROM. Faces are too dark to tell who is in the line. Caption reads: In the shadow of the Alamo a wheelchair column moved along the streets of San Antonio, Texas in April 1985. Protestors were heading for the hotel headquarters for the regional convention of the American Public Transit Association. PHOTO 2: Mike Auberger, with his mustache, trimmed beard and shoulder length hair looks at the camera with his intense eyes. Wearing a light colored sweater and shirt with a collar, he sits in his wheelchair which is mostly visible because of his chest strap. Caption reads: Mike Auberger of Denver was one of some 16 Coloradans who went to Texas to protest the lack of accessible public buses. [Headline] The eyes of Texas are on outside agitators -- and a lot of folks from down the street There's never been much love lost between Coloradans and Texans, at least not since those folks from the Lone Star State first wandered into the Rocky Mountains and discovered deep powder in the winter and cool valleys in the summer. As Winnebago after Cadillac after pickup poured across Raton Pass, Coloradans greeted Texans with open cash registers and - increasingly -- ridicule. Our scorn for Texans even reached into the highest office in the state when Governor Dick Lamm greeted his Texan counterpart with this joke: A Texan died here recently and we couldn't find a coffin large enough, so we gave him an enema and buried him in a shoebox. Texans were not amused, though by now they should have come to expect such treatment. We've been squabbling ever since a detachment of Colorado militia turned back a Texas Confederate army at Glorietta Pass during the Civil War. Each summer now we give Texas a chance to even the score down near Alamosa in a rotten tomato battle. OF course we always make sure our army's bigger. That animosity, however, doesn't carry over to the disabled population of the two states. In fact, a dozen or more militant wheelchair activists from Colorado have been rolling onto the streets of several Texas cities during the past couple of years to aid their counterparts in the battle to force Texas transit systems to make their buses wheelchair-accessible. "After Colorado, Texas is out best organized state," Wade Blank, the long haired ex-preacher who helped found American Disabled for Accessible Public Transit (ADAPT) in Denver two years ago. ADAPT chapters have sprung up in several other states, notably Illinois, Maine, and Connecticut, but none have garnered as many active members as Texas. Scores of Texans have blocked buses in San Antonio, Houston, Dallas and El Paso in recent months to focus the attention of the state's media on the lack of accessible buses. Part of ADAPT's success in Texas lies in the fact that there are so few lift-equipped buses in this huge state. Some Texas cities did order accessible buses when the Carter administration's Department of Transportation ordered mandatory accessibility in the 1970s. However, most of these lifts were never used as the American Public Transit Association (APTA), a national lobbying and policy making organization for transit systems, successfully fought the regulation in federal appeals court. APTA maintains that the local transit provider is the best judge of whether or not accessibility is feasible. Adverse climatic and geographical conditions are generally cited as the chief obstacles to lifts. Texas ADAPT leaders point out that few areas in Texas experience severe winter storms and that the state's larger cities are generally laid out on flat plains. That was one of the points wheelchair activist tried to make when they picketed in April 1985 regional APTA convention in San Antonio. A sizable contingent of Coloradans joined those picket lines, leading to a charge by the local newspaper, the San Antonio Light, that the demonstration was the work of outside agitators and that most of the city's disabled population was quite happy with using paratransit. Spot demonstrations and bus seizures soon followed in other Texas cities, while some Texas ADAPT members turned outside agitators themselves by participating in demonstrations at the APTA national convention in Los Angeles in October 1985. Several Texans including Jim Parker of El Paso and Bob Kafka of Austin, were among The dozens arrested. Supporters of lifts point to cities like Seattle and Denver where most of the buses are accessible -- and increasingly free of breakdowns. Denver's Regional Transportation District (RTD) maintenance crew made a few simple changes in some of their lift systems and managed to operate experimental buses without a single breakdown. ADAPT argues that some transit providers have deliberately sabotaged their lift systems to justify removing them. Opponents of lifts argue that paratransit--usually vans that pick riders up at their residences -- is more cost effective. Supporters point to Seattle where the cost per ride on mainline buses is less than $15 a trip, which compares very favorably with the best deals offered by paratransit systems. Convenience is a major factor too, according to Mike Auberger of ADAPT-Denver, who points out that most paratransit systems require two days' advance notice and users might have to travel all day just to keep a 15 minute dental appointment. "Me, I like being able to roll down to the corner bus stop," Auberger said. ADAPT grew out of coalition of Denver disabled groups who were successful in battling RTD over wheelchair lifts. Protestors seized buses and chained themselves to railings at RTD headquarters before the battle was won. Two years ago they went national when their arch foe, APTA, held its national convention in Denver, APTA refused to allow ADAPT to present a resolution to the convention calling for mandatory accessibility until pressure was brought to bear by Denver Mayor Federico Pena, a pro-lift advocate. APTA declined, however, to vote on the issue, and ADAPT picketed the group's 1984 national convention in Washington, DC, in October. Twenty-four protestors were arrested during the demonstration, including Parker. Parker, who was joined in Washington by four other Texans, isn't through with APTA yet. When that group holds its Western Regional Convention in San Antonio April 20, Parker said they can expect almost as many demonstrators as went to Washington. "I can't think of any place in Texas where it (public transportation for the disabled) is as good as it is here in Denver -- in fact it's poor everywhere here. Dallas just decided to buy 200 or 300 new buses without lifts." The situation isn't any better in his home city of El Paso, according to Parker. "It's very poor here," he said. "There are 30 city cruisers here with lifts but the city has shown no desire to use them." Parker thinks too many people in wheelchairs are too passive. "They're not used to pushing people, but we're starting to see some changes." However, Parker points out that Texas is a very conservative state and people -- including the disabled -- are slow to change. People wishing to participate in the San Antonio demonstration should call Parker (915-564-0544) for further information. PHOTO: Two bearded, bare chested wheelchair activists (Jim Parker, and [I think] Mike Auberger) are in the foreground. Parker, his shoulder length hair tied back with a bandana, sits with his foot up on his opposite knee, hands in his fingerless gloves. The two are facing away from the camera and talking with another man who is kneeling down beside them looking up at them. Caption reads: Jim Parker (center) of ADAPT-El Paso meets with a newsman during a picket of McDonald's. Many disabled persons objected to the fast food chain's refusal to immediately retrofit all of its restaurants so that they would be accessible to wheelchair patrons. Parker is currently involved in helping organize a demonstration at the Western Regional Convention of the American Public Transit Association (APTA) in San Antonio Oct. 20 - 24 [sic].
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[Headline] Disabled Advocates Are Rolling on Washington D.C. For the second year in a row wheelchair pickets will surround the national convention of the American Public Transit Association (APTA). Some 150 to 200 wheelchair demonstrators are expected to join the picket lines, although that number could increase dramatically by the time the four day long convention opens Sept. 30 in Washington, D.C., according to a spokesperson for the American Disabled for Accessible Public Transportation (ADAPT). But, unlike the convention held in Denver last year, ADAPT will not be allowed to argue the case for accessibility on the convention floor. “Gilstrap (APTA executive vice president Jack Gilstrap) told us there was no way we were going to speak this year,” Wade Blank said. Nor does Blank expect APTA to vote on a resolution introduced at the 1983 convention calling upon APTA members to purchase only lift-equipped buses. When the Carter administration mandated accessibility in the late 1970s, it was APTA that successfully fought those regulations in court, arguing that it was a judgment best left to the discretion of the local transit provider. Some cities, like Seattle and San Jose, California, and-to a lesser extent-Denver, chose to make their systems accessible, but the vast majority refused, claiming the lifts were impractical and too expensive. However, accessibility advocates say that the technology is available to design both economical and reliable lifts, but that bus manufacturers will not use it as long as there is little demand for lifts from transit providers. APTA argues that in many, if not most cases paratransit systems can offer better and more economical services to disabled riders. ADAPT maintains that isn't so, arguing that cities such as Seattle are experiencing a steady drop in the per ride cost for lift-assisted trips while paratransit costs are constant, regardless of the number of trips. At the Denver convention, APTA's position was championed by Colorado Governor Richard Lamm, who told the delegates that the country couldn't afford to equip all its buses with lifts and continue as a great nation. New York City Mayor Ed Koch is expected to take a similar tack at this year's convention. In 1983, Denver Mayor Federico Pena, who was instrumental in getting ADAPT a place on the convention agenda, supported accessibility, just as this year's host mayor, Marion Berry, is expected to do. Access/Denver will send 43 wheelchair demonstrators to Washington, although at press time they were short $4,400 of the $15,000 needed to provide them with transportation, food and lodging. Among the individuals contributing to the fund drive was Wellington Webb, an unsuccessful 1983 candidate for mayor of Denver. In addition, Denver's HAIL, Inc., will be sending five representatives. Several other cities, including Dallas, El Paso, Los Angeles, Cincinnati, Little Rock, Arkansas, Poughkeepsie, New York, and Chicago have confirmed that they will have representatives on the picket line. Boston's Disabled Liberation Front announced that it was sending eight pickets. ADAPT intends to provide a training session in confrontational politics in Washington on September 26. Ironically, one problem that demonstrators flying into Washington's Dulles International Airport will face is a lack of accessible buses between the airport and downtown Washington. "We were going to file a complaint," Blank said, "but it turns out that the Department of Transportation runs the bus system there and they say that they are the administrators, not the recipients, of federal funds, and therefor are not required to provide accessible service."
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THE HANDICAPPED COLORADAN Volume 7, No. 3 Boulder, Colorado October 1984 PHOTO: A man in a leather brimmed hat, long hair beard and moustache down vest and jeans, seated in a motorized wheelchair (Mike Auberger), leans to his right as he is surrounded by abled bodied people. Back to the camera, a man plain clothes is partially in front of him, papers sticking out from his back pocket. A uniformed officer is also back to the camera and is holding Mike's arm which in front of Mike. A second uniformed officer is doing something behind Mike's back while a woman stands up on the sidewalk to his side watching with her hands on her hips. (She was an organizer with National Training and Information Center and was assisting with the Access Institute.) cation reads: D.C. Police Arrest Denver Disabled Protestor MIKE AUBERGER, a community organizer for the Atlantis Community in Denver and a member of the American Disabled for Accessible Transit (ADAPT) is arrested by Washington, D.C., police outside the Washington Convention Center where the national convention of the American Public Transit Association (APTA) was just getting under way. A spokesperson for APTA said that the demonstrations only delayed the start of the convention by a few minutes. Inside the convention hall Secretary of Transportation Elizabeth Dole abandoned her prepared text and said the administration was working to provide public transit for the disabled. Outside the hall, demonstrators branded the secretary's plan as another “separate but equal" scheme and demanded that the federal government require all public transit systems be made accessible to the handicapped. Demonstrators not only blocked the entrances to the convention but also surrounded chartered buses that took delegates from their hotel to the convention center. The disabled activists represented a number of cities, including Denver, Syracuse, N.Y., Boston, El Paso, Los Angeles and Chicago. Additional photo on page 4. 28 Busted in D.C. The 28 disabled activists who were arrested for civil disobedience during the national convention of the American Public Transit Association (APTA) in Washington, D.C., last month are trying to raise $1500 to make their bail money by a Dec. 3 deadline. At the same time, they're preparing to carry their demand that the APTA members buy only wheelchair-lift equipped buses to the transit organization's regional convention in San Antonio on April 20. The Texas contingent from the American Disabled for Accessible Public Transit (ADAPT) under the leadership of Jim Parker of El Paso has been especially militant in their demands. Taking their lead from an editorial in the September Handicapped Coloradan, a coalition of of Texas disabled groups met in San Antonio and voted to ask transit systems in Texas to withdraw from APTA unless it goes on record supporting accessibility. The Colorado chapter of ADAPT was planning to introduce a similar resolution to Denver’s Regional Transportation District (RTD). APTA's position is that accessibility should be left to the discretion of the local transit provider, Although the Carter administration mandated accessibility in public transit, APTA was successful in getting that ruling thrown out in a l98l court battle. ADAPT maintains that the disabled have a civil right to public transit. Jack Gilstrap, APTA's executive vice president, reiterated that position as wheelchair demonstrators seized buses in front of the White House and hurled their chairs at police lines outside the Washington Hilton and Washington Convention Center during APTA's late September meeting. Gilstrap said that the funds just weren't there to support a mandatory system, adding that the additional burden might jeopardize some transit systems. However, since the convention ADAPT has been approached by APTA's new president, Warren Franks, the director of the Syracuse, N.Y., transit system, who has requested a meeting in Denver with wheelchair activists. "The Syracuse ADAPT group has been pretty active," said ADAPT spokesperson Wade Blank. "Franks must be pretty worried about what might happen there if he wants to meet with us.“ ADAPT was organized in Denver one year ago by some of the same groups and individuals who had been involved in forcing RTD to adopt a pro-accessibility policy when purchasing new buses. That battle too was highlighted by militant demonstrations with wheelers chaining themselves to the doors of RTD headquarters. In contrast, demonstrators restricted themselves to orderly pickets when APTA held its national convention in Denver in 1983. But ADAPT only abandoned its plans for civil disobedience after APTA met its demands to address the entire convention on accessibility. APTA's national staff fought that request and allegedly threatened to pull the convention out of Denver at the last minute, but finally agreed to allow ADAPT to address the meeting after Denver Mayor Federico Pena intervened. There was no question that ADAPT would be offered the same treatment at the Washington convention. Although they didn't get a spot on the agenda Blank said his group made their point by capturing the attention of the capital's media. Even before the convention opened, ADAPT made its presence known by joining forces with local D.C. activists to seize seven Metrobuses and block the five blocks along Pennsylvania Avenue in front of the White House during the afternoon rush hour. Demonstrators released the buses an hour later when D.C.’s Metro General Manager Carmen E. Turner agreed to meet with Washington disabled leaders to discuss their demands for a fully accessible system. No date has yet been set for that meeting, which ADAPT said marked an historic first in the Washington area. No arrests were made during that demonstration, although Washington police moved several demonstrators out of the street. But on the following Monday and Tuesday 28 demonstrators were arrested as they tried to block buses leaving the Washington Hilton for the convention center and again at the convention center itself. The police threw up lines as picketers arrived but were unable to halt the advance of the demonstrators, who wedged their chairs in the hall's doors or hurled their bodies onto the ground. Mike Auberger, one of those arrested, said the police "were abusive -- there's no doubt of that," but he added that this was probably pretty typical. “Let's face it," he said, "these guys probably have to deal with demonstrators all the time." They don't mess around when they get started. Auberger said he was grabbed by the hair and pulled back so that his chair was resting on its back wheels. Two other demonstrators were thrown from their chairs and taken to local hospitals where they were released after being treated for minor injuries. Police had to bring in special vans with wheelchair lifts in order to cart demonstrators off to jail, where they were fingerprinted and rushed into court. "Only the doorway between the holding cells and the courtroom was too narrow to get our chairs through," Auberger said, "so they had to take us in the back way." Some of the disabled picketers were surprised that the police reacted with such force, according to Auberger. "l think it opened a few eyes," he said. ADAPT filmed the demonstration, and a 20-minute edited version is being shown as part of a fundraiser to pay the bails of those arrested, about half of whom were from Denver. Congresswoman Pat Schroeder (D-Denver) has agreed tn help raise money, but because of previous campaign commitments said she would be unable to participate until after the first of the year.
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El Paso Herald-Post PHOTO (Herald-Post photo by John Hopper): Of an angry looking protester, Jim Parker, sitting in a manual wheelchair. He has shoulder length hair, a bandana headband, a goatee and moustache, black leather gloves with no fingers, and a black biker t-shirt. He is chained with a white link chain, to the doors of a business and has a sign in his lap, but it's not readable. Caption reads: Jim Parker. a handicapped El Pasoan, readies his placard after chaining himself to a restaurant door Friday. [Headline] Handicapped criticize lack of support By Robert Palomares, El Paso Herald-Post A group of protesters chained their wheelchairs to the doors of the McDonald's restaurant on Piedras Street and I-10 to protest the chain's “lack of commitment” to handicapped people. Before his wheelchair was locked to door handles Friday, El Pasoan Jim Parker said that although McDonald’s provides funding for disabled people, the commitment doesn't include making the restaurants accessible to the handicapped. "McDonald's has raised money for disabled people, but they don't make their restaurants accessible to us” Parker said. “It's like saying, ‘We will give you this money, but you can't eat in our restaurants.”’ he said. “This doesn’t mean they are exempt from providing us accessibility." said Mike Auberger of Denver. Robert Keyser, a spokesman for McDonald's Corp. also was in El Paso for the protest. Keyser said the protesters are not accurate when they say that the restaurants do not provide accessibility for handicapped people. “Since 1979. McDonald’s standard building designs provide accessibility to the handicapped, even though local codes do not necessarily call for it.” Keyser said. "In new construction table heights are considered" Keyser said. “We're not saying the restaurants should be modified overnight," said Bob Conrad, another protester from Denver. “But certainly new construction should have handicapped accessibility plans.” Auberger, Conrad and others have traveled from city to city, protesting at McDonald’s restaurants. The protesters say the height of the tables in the restaurant make it necessary for those in wheelchairs to sit in the restaurant's aisles. “So far, these people have not made an attempt to talk to us,” Keyser said. “These people are using McDonald's to make a political statement. We don't do business as a result of threats,” he said. The atmosphere inside the restaurant remained calm during the protest although customers did not know what was going on. The protesters said they believed the action was successful and after about an hour unlocked themselves and left the restaurant. Keyser said that McDonald's provides accessibility, “and will continue to work on ways to make our restaurants even more accessible, including improvements such as tables that are more convenient for our disabled customers,” he said.
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The Handicapped Coloradan, October 1984 [Headline] McDonald’s Statement Called “Unacceptable” The response by McDonald’s to demands by wheelchair protestors that the fast food chain improve the accessibility of its restaurants was described as unacceptable by a spokesperson for the Access Institute. Wade Blank said that Access was contacting McDonald’s again and if the company’s response did not improve his organization might well return to the picket lines. Starting in June, Access picketed McDonald’s restaurants in Denver, Colorado Springs, Cheyenne, Wyo., El Paso, Tex., Syracuse, N.Y., and Kansas City, Mo. Demonstrators were arrested in Colorado Springs and at one of the Denver demonstrations. At an Aug. 17 meeting, McDonald’s representatives warned Access that if the protests continued, the fast food chain was prepared to take demonstrators to court. At that meeting, McDonald’s suggested that it would be willing to remodel restaurants owned by the company, but that it did not have the power to order individually owned franchises to follow suit. Company representatives estimated that the retrofitting operation would affect some 2,200 of the more that 7,700 McDonald’s across the country and would cost between $3 and $5 million. At a second meeting a week later, McDonald’s seemed ready to make further concessions and promised to issue a policy statement in September. Blank said he had expected that statement to satisfy many of Access’s demands. Instead, McDonald’s response took the form of a memo from its vice president for national operations to regional managers and vice presidents, outlining the company’s record on accessibility and listing the standards the company suggested its licensees follow. Blank said the memo shows that McDonald’s is “not really serious about what they’re doing.” In fact, he said, Access did not receive a copy of the memo and had to ask McDonald’s for one. Throughout the discussions, McDonald’s has argued that it would not bow to pressure and that the company’s record on accessibility was a good one. The memo, dated Sept. 12, 1984 and written by Tom Glasgow, reaffirmed that position. Glasgow said that since 1979 McDonald’s has been following accessibility guidelines set by the American National Standards Institute (ANSI) for its company-owned (McOpCo) restaurants as well as its licensed operations. “Currently with in excess of 2000 McDonald’s restaurants accessible to wheelchair users, we are the leaders in this area in the quick service restaurant industry and, indeed most probably, in any segment of the food service industry,” Glasgow wrote. Glasgow listed four minimum accessibility standards that were followed by McOpCo owned restaurants. “Parking Spaces-Special parking located as close to the building as possible (striping according to ANSI). In addition, vertical signage making these spaces even more obvious is being installed. “Ramps/Curb Buts—Convenient as possible to special parking (per ANSI specifications). “Table Access—Although table heights at McDonald’s restaurants meet or exceed ANSI standards we need tables which wheelchair users can easily use. Movable seating is preferred. “Rest Rooms- These will be made accessible as remodeling becomes necessary and affordable. Restaurants not currently planning to remodel should make modifications such as installing grab bars and widening stalls to make these facilities more functional for wheelchair users when possible.” However, Glasgow pointed out that since licenses own three out of every four stores system wide, area managers and vice presidents could only recommend that these standards be followed. Table access has been one of the Access Institute’s major goals in their dealings with McDonald’s. Currently, most if not all McDonald’s restaurants use seating that is physically attached to tables, making it impossible for a person in a wheelchair to use a table without blocking the aisle. The Access Institute had also asked that McDonald’s use people with disabilities in at least 10 percent of its ads. That issue was not addressed in the memo. The memo made no mention of the Access Institute or the pickets. Glasgow concluded by saying, “Accessibility has been something we as a corporation have been committed to for years. Our efforts are not new. Our commitment is not new. We expect this commitment will be continually reinforced through action.” However, so far that commitment seems not to have impressed wheelchair users. The executive board of the Colorado Coalition for Persons with Disabilities recently passed a resolution calling upon members of the 50 or so organizations it represents to boycott McDonald’s until the company makes a stronger commitment to accessibility. McDonald’s size and reputation were why the company was singled out by the Access Institute, according to Blank. He said if McDonald’s agreed to their requests then other national chains would follow suit.
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El Paso Times Tuesday, Feb. 14, 1989 p.6A [Headline] Court: New buses must have Wheelchair lifts Associated Press PHILADELPHIA — A federal appeals court Monday ordered the U.S. Department of Transportation to require transit authorities across the country to equip new buses with wheelchair lifts. Attorneys who brought the lawsuit that led to the ruling called it the most important decision ever handed down for handicapped people needing public transportation. The 3rd U.S. Circuit Court of Appeals said a Transportation Department regulation requiring all new buses to accommodate wheelchairs conflicts with another allowing communities to offer only an alternative service, such as special vans, to the handicapped. The court said a rule requiring reservations 24 hours in advance for use of the alternative transportation hinders the spontaneous use of mass transit by the handicapped. As a result, the court ordered transit authorities to make “reasonable accommodations to their" programs, i.e. purchase wheelchair-accessible buses," The court also upheld a controversial decision requiring the Transportation Department to eliminate a cap on the amount of money transit authorities need to spend on making transportation accessible. A coalition of disabled people and 12 organizations called Americans Disabled for Accessible Public Transportation filed the lawsuit last year. The coalition contended that a provision of the federal regulations allowed authorities receiving federal transportation money to exclude the handicapped from “effective and meaningful" access. U.S. District Judge Marvin Katz overturned the provision in cases where the transit authority buys any buses. TEXT BOX INSERT: El Paso already buying buses with access El Paso already has a policy that requires wheelchair lifts on all buses, said Mark Dorfman, director of the city's Sun Metro bus service. The policy has been in effect since 1987, when voters approved a half-percent sales tax to finance the city's bus system. City officials promised voters that the additional money from the sales tax would allow all new buses to be equipped with wheelchair lifts, Dorfman said. “We’re getting ready to take bids for 84 new buses, and one of the specifications is that they have lifts,” he said. Dorfman said wheelchair lifts add an average of $15,000 to the cost of a bus.
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El Paso Times 2-16-89 Editorials [Headline] Court decision right The 3rd U.S. Circuit Court of Appeals ruling requiring wheelchair lifts on all new public buses has long been needed. The tragedy is that it takes court rulings to force many public operations to provide for the disabled. For once, El Paso is ahead of the order. According to bus system officials, all buses on order will have the lifts, which add about $15,000 to a bus’ price. An average bus costs about $200,000. El Paso's attempts at meeting needs for the disabled — separate minivans and buses — have been far from adequate. Reservations had to be made at least a day in advance and buses often only could be used for the basic necessities, such as trips for food and to the doctor. For a long time, evening rides were not available. People in wheelchairs had to depend on friends to get to a movie, theater or any kind of recreation. And too often, that meant no pleasure trips at all. Credit tor this recent court win goes to the Americans Disabled For Accessible Public Transportation, who filed the class-action lawsuit. El Paso has an active chapter of ADAPT. Its members have not been shy in pointing out barriers. Monday's court victory is an important step in eliminating one of those barriers.