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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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A group of ADAPT protesters stand and chant in front of an almost life sized portrait of IL Governor Edgar with flags on eithere side of it. All are Chicago ADAPT members. From left to right they are a woman (Julie___) in a Chicago ADAPT "ADAPT or Perish" tshirt, a woman standing, a man in a wheelchair (Rene Luna) holding a poster that reads "nursing home industry owns Edgar." All three have power fists raised in the air. On Rene's right side is a man (Fred Stark) in an ADAPT tshirt with the no steps logo but Free Our People written across the bottom; it was our transition shirt when we were transitioning from American Disabled for Accessible Public Transit to American Disabled for Attendant Programs Today.
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The front of the march with the rest of the marchers in the background and tall city buildings in the background. Across the front row young Jennifer Keelan is being pushed in her chair by her mother Cindy. Next to her is Bob Kafka in his manual chair and with his no steps ADAPT logo T-shirt and a piece of blue duct tape on his knee. Beside him is Diane Coleman in her motorized wheelchair and with red tape on her knee. Over her head you can partially see a sign reading "We the People..." Beside the sign Julie Farrar's face is visible and behind Bob you can see Justin Dart. Behind Jennifer and Cindy a motorcycle policeman is visible.
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PHOTO by Tom Olin?: A woman [Beverly Furnice] lying in her motorized wheelchair, her legs fully extended, leads a long line of ADAPT marchers down a broad city street in front of the Hyatt Regency. Behind her, with a very determined look on her face, is a small woman [Cathy Thomas] in a power chair, legs also extended. Behind her is a man in a scooter [Mark McTimmus?] with several signs in his basket on the front of his scooter. Behind him is another man [Sam ____]. In the line you can make out Babs Johnson in an orange shirt, she is riding on the back of Mike Auberger's chair and talking to her daughter Tisha Auberger. Many people have signs over their legs or laps, a few are holding posters on sticks.
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Photo by Tom Olin Los Angeles, 1985: Hands handcuffed with a wheelchair wheel in the background. "People who advocate freedom, yet depreciate agitation, are people who want crops without plowing the ground. . . . Power concedes nothing without a demand. It never did and it never will." Frederick Douglass, 1817 - 1896 "We will not let any barrier keep us from the equality that is rightfully ours." Mike Auberger Co-founder, ADAPT ADAPT no steps logo 1478 Stayton Rd. Cumberland Furnace, TN 37051
ADAPT (229)
San Diego Unlon, A-3 Tuesday, October 8 PHOTO by Associated Press: A man in wheelchair (George Roberts) leans forward slightly, his mouth open as if yelling, as two police officers and another man load him onto the wheelchair lift of a van. George is wearing an ADAPT T-shirt with the no steps logo and carries a picket sign on his back. Caption reads: A wheelchair-bound activist is arrested outside a downtown Los Angeles hotel where police said he and seven others blocked entrances and stairways Sunday. [Headline] Protests continue on public transport access by disabled Associated Press LONG BEACH — Activists yesterday staged a sit-in at the office of Rep. Glenn Anderson and held a second day of demonstrations in downtown Los Angeles protesting a lack of access to public transportation. About a dozen protesters, many of them in wheelchairs, crowded into the suburban Long Beach office of Anderson while others remained in the hall outside, said Anderson's executive assistant, Ann Ramirez. Anderson, a Long Beach Democrat, is chairman of the House Transportation Committee. Ramirez said the congressman had been scheduled to be at his office and at a speaking engagement in Los Angeles yesterday but had to cancel those plans and stay in Washington because of a heavy workload. ln Los Angeles, about 35 wheelchair-bound demonstrators protested peacefully while the American Public Transit Association held its annual conference. On Sunday, eight persons were arrested for investigation of failure to disperse and interfering with police as about 130 activists staged a demonstration. The arrests occurred after a procession of wheelchairs carried people with disabilities ranging from cerebral palsy to postpolio paralysis from MacArthur Park to the Bonaventure. "This is beautiful I am proud to be a disabled person. l am tired of being closed away," said Bob Kafka, of Austin, Texas, as he wheeled along. Kafka, a spokesman for the American Disabled tor Accessible Public Transit — and who has a broken spinal cord - was among those arrested later. The protesters had no permit to stage the parade, but Los Angeles police refrained from arresting paraders as they said they would. “Listen, how could we arrest all these people?" Capt. Bill Wedgeworth said. Along the parade route, motorists slowed to watch, The protesters targeted the convention because the transit association opposes a national policy mandating wheelchair lifts on buses, preferring to let each transit agency deal with access for the disabled locally. The protesters shouted, "Access now! Access now!" as police blocked them near the entrance, one floor above the main reception area. The Southern California Rapid Transit District has wheelchair lifts on 1,691 of its 2,445 buses, a spokesman said, and is retrofitting an additional 200. The eight arrested were not all immediately identified, but police said two were Edith Harris ol Hartford, Conn, and George Florom of Colorado Springs, Colo.
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San Antonio Express News Tuesday, April 23, 1985 Metro, 9-A PHOTO by Jose Barrera: An angry looking Mike Auberger sits in his power chair holding a picket sign that reads "American Disabled for Accessible Public Transit" and the first letter of each word is dark so when you read down instead of across it reads ADAPT. Mike has on his no steps logo ADAPT shirt, and the large sign is taped to his wrist. Caption reads: MIKE AUBERGER OF THE DENVER CHAPTER OF ADAPT HOLDS SIGN WHILE BLOCKING DOOR . . . about 60 members of the group protested at VIA headquarters and held employees hostage. [Headline] Protesters hold workers hostage by Arthur Moczygemba, Express News Staff Writer Members of a group wanting improved access for the handicapped invaded the VIA office at 800 W Myrtle on Monday and used their wheelchairs to block all access to the building for about 90 minutes. Some 34 VIA employees held hostage inside their offices were released after police negotiated for a meeting with local and national transportation officials. The later session led to an airing of demands by about 60 members of the American Disabled tor Accessible Public Transportation. Police rented vans, in case the protesters were arrested. Bernie Ford of Chicago, president of the American Public Transit Association, and Wayne Cook, general manager of VIA, met with the ADAPT members Monday afternoon, but both sides stuck to their respective positions on public bus access for the handicapped. Ford was in San Antonio to attend the western conference of APTA, meeting at the Hyatt Regency Hotel through Wednesday. About 15 police officers were on duty there, Toscano reported. Ford refused to grant the ADAPT members 20 minutes of speaking time before the general transit membership, saying that a scheduled Wednesday work session on handicapped access was sufficient for consideration of the problem. Laura Hershey of Denver and Jean Stewart of Poughkeepsie, N.Y. listed the ADAPT demands, which included a policy change by the mass transit system that all new buses purchased be equipped with lifts that allow wheelchair-bound persons to use buses. ADAPT claims that it costs $8,000 to $10,000 to equip a new bus with lifts for the handicapped, while air conditioning a bus costs more “and doesn't always work." “It's a question of priorities," said Mike Auberger of Denver, where ADAPT is headquartered. After a 30-minute session, the only agreement between the ADAPT members and Ford was allow the group to publish an article in the September issue of the association's monthly newspaper. Cook was grilled about the San Antonio situation by Bob Kafka of Austin, a Texas ADAPT official. Cook said the VIA Para-Transit system used in San Antonio, which uses specially equipped vans to transport the handicapped was implemented upon recommendation by a 26-member task force, which included handicapped persons. “This is why you don‘t see San Antonians join your cause,” Cook said. Kafka retorted that numerous San Antonio handicapped members have contacted ADAPT, and refuted Cook's contention that the majority of the local handicapped persons support the VIA Para-Transit program because it is segregationist. “This is not to say you're lying,” Kafka told Cook, “but you are distorting the truth." The ADAPT members then read a statement submitted by Willis Williams on behalf of the San Antonio Citizens Concerned about Handicapism. The SACCH statement said the group declined to participate in the ADAPT demonstration but added: “It is our long-standing position to support the concept of a multimodal system with both lift-equipped mainline buses and door-to door service vans as the best and most economically sound approach for San Antonio." The statement was issued on behalf of Larry Johnson, chairman of San Antonio Independent Living Services, and Joyce Jenks, president of SACCH. "Twenty (VlA) vans cannot possibly serve 50,000 mobility impaired citizens," according to Jenks. The 60-member ADAPT group was composed mainly of Texans, with - others from Colorado, Illinois, and New York. Three people attending the protest identified themselves as San Antonians who came as individuals because their organizations are tax-exempt and do not participate in demonstrations. Tommy Leifester, 1100 Callaghan, said the VIA task force did not represent the majority of San Antonio handicapped. Leifester assisted Toscano in the negotiated settlement. Leifester stated that although local handicapped persons were not very visible at the protest, "This will help get our story out in public. VIA has been putting out only one side of the story." During the shuttle diplomacy segment the protesters chanted: “We will ride! Access now!" and demands for Cook to meet with them. Cook was not in his office since he was attending the mass transit convention at the hotel. He arrived at 12:10pm. Although the VIA employees were released about 12:30 p.m. and given the rest of the afternoon off, ADAPT members stayed until Ford showed for the meeting about 2:30 pm.
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TUESDAY, OCTOBER 2, 1990 Disabled protesters seize college building (This article continues in ADAPT 632, the entire text is included here for ease of reading.) PHOTO by Johnny Crawford/Staff: A thin man, Claude Holcomb, sits in a dark motorized chair in front of a huge memorial to Martin Luther King. He sits at an angle in his chair, in a button down striped shirt, his knees wide apart and thin rigid hands resting on his arm rests. Behind him the white memorial reads In memory of Martin Luther King Jr., 1929 - 1968, Outstanding alumnus of Morehouse College ..., World famous leader of the non-violent movement ..., Distinguished winner of the Nobel Peace Prize. From Morehouse College he launched his humanitarian pilgrimage to create the beloved community and for that purpose he moved... the classroom and his pulpit ... into immortality. ...Baptist Convention ... President ... General Secretary... College. Claude's chair blocks the view of some of the memorial's verbiage. You can see the push handle and part of the wheel of another chair next to him. Caption reads: Claude Holcomb at the Martin Luther King Jr. memorial at Morehouse College. Protesters compared their struggle to the civil rights leader's. Morehouse president’s office blocked By Ben Smith III, Staff writer Saying Dr. Martin Luther King Jr. would smile on their protest, nearly 200 disabled activists on Monday seized the administration building on the campus where he was educated. The demonstrators, members of Americans Disabled for Attendant Programs Today (ADAPT), a national advocacy group for the disabled, took over Gloster Hall at Morehouse College in southwest Atlanta and barricaded the school president’s office. “This is a college that has always valued human rights,” said Michael Auberger, a co-founder of the group. “This is another minority that is trying to gain its human rights.” The protest was intended to force Morehouse President Leroy Keith to arrange a meeting with Louis Sullivan, secretary of Health and Human Services and an alumnus and former dean of the Morehouse School of Medicine. Group members were angry at Dr. Sullivan for not responding to their invitation to meet with them although he spoke at an AIDS symposium in Atlanta last week. “Morehouse Medical College invited him to speak. He came. This group invited him to speak on an issue as serious as AIDS. He chose to ignore the issue," said Mr. Auberger. More than a dozen wheelchair-bound activists rolled into Dr. Keith's office before noon Monday and barricaded the door. Scores of additional protesters followed, chanting, “We want Sullivan" and "We shall overcome,” and blocked the front door and hallways. Late in the afternoon, Dr. Keith exited through a rear door, and many other employees left the building. College officials said they were puzzled that the demonstrators took their protest to the Morehouse College administration building instead of the Morehouse School of Medicine, which is a separate institution. Richard Ammons, a school spokesman, said Dr. Keith had contacted Dr. Sullivan, who said he would not meet with the protesters. But the regional director of Department of Health and Human Services agreed to meet with demonstrators in his office today, Mr. Ammons added. “We as an institution are powerless to do anything other than [contact Dr. Sullivan],” Mr. Ammons told the protesters. “And we are asking you to leave at this time." Lee Jackson, a demonstrator, replied, “We’re going to wait right here for Sullivan.” At least 50 demonstrators said they planned to remain in the building until Dr. Sullivan meets with them or they are arrested. School officials said the college was reluctant to have the protesters arrested. The protesters said they chose to come to Georgia, in part, because the state is one of the worst at caring for the disabled. Mark Johnson of Alpharetta a spokesman for the Georgia branch of ADAPT, said the state offers no state-funded care for disabled people outside of nursing homes and no matching supplements for federal disability benefits. Most states offer such assistance, Mr. Johnson added. Protesters also complained that residential care facilities can be opened in Georgia with nothing more than a a business license. Some students who were locked out of Gloster Hall complained about the protesters, but others called their objections “hypocritical” because of the school's civil rights tradition. "Anytime you're dealing with basic human rights, protests may inconvenience some people," said Otis Moss, 20, a Morehouse philosophy and religion major. “But you have to understand that ultimately it's going to benefit all." Staff writer Lyle Harris contributed to this report. Photo by Johnny Crawford/Staff: The front of an ADAPT march. On the left side are the ADAPT marchers, most in wheelchairs, on the right, a line of parked cars at the side of the street the group is marching down. First in line is Lee Jackson in a white ADAPT sweatshirt and in a manual chair. He is African American and has his head shaved completely bald; he looks very intense. He is being pushed by Babs Johnson. Behind them is Mike Auberger in his motorized wheelchair with his left leg fully extended with foot in a protective boot; he's wearing a black ADAPT shirt still with the no steps logo. Behind him is Clayton Jones wearing the black ADAPT shirt and in a manual chair. Behind him you can see Frank McComb being pushed by Lori Eastwood. As the line snakes back from there you can see more people in the black T-shirts but their faces become less distinct until the whole group fades away. Caption reads: More than 150 advocates for the handicapped move down Westview Drive at Morehouse College. At the front of the line is Lee Jackson. There is a second photo in the text of the article, a close up of an African American man's face. He is wearing a suit and tie. Below it is the caption: Leroy Keith.
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PHOTO Tom Olin?: ADAPT marches down a curvy street, the line snaking back out of sight. All but a couple of people wear their black ADAPT t-shirts with the gold "no steps" logo on the front. Julie Farrar with her "Together Not Apart" sign, and Lillibeth Navarro, with an "Access equals gentler + kinder" sign are at the front of the photo. Behind them are Kim Horton, George Roberts and Mark Johnson. Then Arthur Campbell is guiding the edge of the line from the side, with his grey hair in a headband and pony tail, and next to him a quad with a blue cap sits and Sue Davis is walking toward them. In the next row of marchers is Larry Ruiz and Tommy Malone. Behind them is a woman in a white shirt and behind her is Ken Heard. Behind Ken is a someone walking on crutches with lots of buttons on their shirt. Beside that person a woman (possibly Rhonda Lester) walks and behind her is Jim Parker and Devorah Kappers is pushing someone in a wheelchair. Being pushed by Frank Lozano, Paulette Patterson is riding off to the side of the line, wearing a white t-shirt. Behind her is Lori Eastman and what looks like Rick James and Barb Guthrie.
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DISCLOSURE September-October 1989, Issue No. 112 the national newspaper of neighborhoods [Headline] Disabled Protest Across Country: “Accessible Transit Is a Civil Right" This story continues on 436 but is included here in its entirety for ease of reading. PHOTO by Tom Olin: A large group of people in wheelchairs, on crutches, many carrying posters, are massed in front of a MCI New Jersey bus. Joe Carle is in the middle of the group with his back to the camera and on the back of his wheelchair is a sign that reads "I can't even get on the back of the bus." Also visible (right to left) are Cassie James, Diane Coleman, Brian Shea, Mike Early from CORD, two other guys in wheelchairs, Kent Killam, Julie Nolan, a white haired blind person with a big sign, and a short woman, perhaps a child, looking to her left and holding on to the back of a wheelchair. The group is blocking the bus and the street, while others walk by on the sidewalk. Caption reads: Members of American Disabled for Accessible Public Transit (ADAPT) and affiliated groups stages demonstratlon on disabled rights issues in front of buses at the federal court building, Philadelphia, May, 1989. by Mike Monti The message is clear: “We will ride,” say the members of American Disabled for Accessible Public Transit (ADAPT). From a series of demonstrations to a controversial court case, this relentless group keeps fighting for accessible transit around the country. Among its victories are a July, 1989 federal court ruling that transportation agencies no longer have a 3 percent cap in providing wheelchair lifts or paratransit. For the members of ADAPT, accessible transit is a basic civil right — and is always worth fighting for. We reported in Disclosure #l08 on ADAPT’s actions in Montreal at the annual convention of the American Public Transit Authority (APTA). APTA and other transit authorities continue to make it extremely difficult for people with disabilities to use public transit. Nevertheless, ADAPT has shown that it will confront APTA wherever it shows up. Last April, at the Western Regional Conference of APTA in Sparks, Nevada (just outside of Reno), over 125 ADAPT members staged actions at the conference, calling for public transportation that can be used by everyone — including people with disabilities. Members started off with a march from their hotel to the conference hotel. When they were about halfway there, ADAPT was met by a police blockade. Obviously, authorities already knew about ADAPT: here is a group that won’t stops until it forces permanent changes. In Sparks. the marchers were able to get around the police barriers. But when they got to APTA’s hotel, they were met by private security forces. The hotel security outnumbered the city’s police three-to-one -— and were able to chain the door shut before ADAPT entered. Forty-seven ADAPT members were arrested, and seven were sent to jail. “The Sparks police had obviously decided that we weren't going to march in the streets,” said Stephanie Thomas, an ADAPT member who lives in Austin, Texas. “But we were able to go around the car barricades. it was like water going around the rocks." The following afternoon, ADAPT staged another demonstration with many crawling across the street and around police barricades, blocking traffic until they reached the front door of the hotel. It was locked from the inside. This time, 25 were arrested. The charge: blocking a fire door which was locked. Many of the ADAPT members who were arrested went on a hunger strike. Meanwhile, ADAPT members on the outside held a press conference calling attention to the problems jail staff were having providing for several of the disabled people’s needs. A final protest was held the next day. One day later, the Sparks judge who sent the hunger strikers to prison made a deal with the protesters: he let out two protesters for the price of a $100 fine. The judge had imposed a much stiffer sentence a couple of days earlier, but changed his mind in the face of a group of arrested ADAPT members who made it clear that they would rather starve and stay in jail than pay a huge fine. Meanwhile, disability groups on the east and west coasts were raising money to help support ADAPT. On the fourth day of the hunger strike, the judge relented and the fine was reduced. By the end of the day, all arrested ADAPT members had been released — and many in the group headed to Denver, for more demonstrations. In Denver — which is the home of ADAPT — the group protested at the annual conference of the Urban Mass Transit Administration (UMTA). This time, demonstrations focused on the federal government's request for a re-hearing of the ADAPT vs. Burnley case. In February, ADAPT won a major victory from the Department of Transportation (DOT) - only to have it undercut by the government. The first of ADAPT’s arguments stated that the rule saying transportation agencies should not have to spend more than 3 percent of their budget on wheelchair lifts or paratransit was unconstitutional. Second, ADAPT held that the option allowing agencies to decide whether or not to provide new buses with wheelchair lifts was unconstitutional. DOT kept flip-flopping on the issue: first it said yes, and then it backed off, asking for a rehearing to vacate the decisions. In Denver, ADAPT confronted Michael Norton, U.S. Attorney for the Tenth District in Denver. “Why is the government working against disabled rights?” asked ADAPT. Norton eventually read a 20-page statement from Attorney General Thornburgh stressing “the need for concern, compassion, and commitment” — but also saying that the law never mandated integration. “It was a really offensive statement, ” said Stephanie Thomas. “On one hand, he was affirming the government's commitment, and on the other he’s fighting tooth and nail to stop rights for the disabled.” When the case was reheard in Philadelphia on May 15, ADAPT was ready. With help from the local chapter of Disabled in Action and the Cape Organization for Rights of the Disabled (CORD), protesters gathered at the federal court building. Four ADAPT members met with the U.S. Attorney, who listened to their concerns. Two days later, a protest was staged at Independence Hall. Dressed in revolutionary garb complete with wigs, three-cornered hats and fife and drum, the “Disability Rights Patriots” marched around the Liberty Bell. Court Decision On July 24, ADAPT won a significant victory as the original ruling striking down the 3 percent cap on wheelchair and paratransit lifts was upheld. On the local option issue, judges decided that the stipulation was legal. Now, it's back in the hands of DOT, for "clarification." Meanwhile, ADAPT will be working with lawyers to plan its next strategy in the legal arena, even though the courts have dodged the issue of equal rights for the disabled. Nevertheless, ADAPT is still ready for action. “We are not going to sit around and wait for the government to put a piece of legislation through,” said Wade Blank. What's next for ADAPT? The next APTA Conference will be held in Atlanta, Georgia, September 23-28, 1989. “The court’s decision on local option will make our demonstrations in Atlanta bigger,” says Mike Auberger, a co-director of ADAPT. Sparks Nevada, Denver, Philadelphia, Atlanta. . .ADAPT marches on for rights for people with disabilities. “Someday,” says Wade Blank, “ It will be just as appalling to see buildings without ramps as it was seeing signs that said ‘Whites Only.’ ” end of article Pictures of 2 graphic symbols: One is the ADAPT no-steps logo with American Disabled for Accessible Public Transit around the outside and a circle with a set of steps rising to the right and a bar across the circle and steps with the word ADAPT on it. The other is a power fist, with wheelchair warriors written below the arm. Caption reads: These symbols are part of ADAPT’s continuing fight. Says Wade Blank of ADAPT “Someday it will be just as appalling to see buildings without ramps as it was seeing signs that said ‘Whites Only.’”
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This is a continuation of the story that starts in 441. It is included in it's entirety in 441 for ease of reading.
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METRO Magazine March/April 1989 pp.18 - 21 Court Rules On Wheelchair Accessibility U.S. Court of Appeals orders that all new transit buses be wheelchair lift-equipped and paratransit service provided. by Jason Knott (This story continues through 484, 471, 470, 465, and 466. However, the entire text of the story is included here for ease of reading.) DRAWING: A large balance scale with a bowl hanging from each side of the balance. One bowl has the acronym APTA in it, the other has ADAPT. QUOTE below the picture: “I don’t think the government should mandate installation of lifts. It can become expensive for the smaller transit properties." —Davis There are more than 40 million disabled Americans and an estimated 67 percent of them are unemployed, according to the National Easter Seal Society. Meanwhile, a recent Harris poll revealed that three out of every 10 disabled persons say they cannot work because of a lack of accessible transportation. Moreover, the same poll shows that 49 percent of the disabled believe their mobility is limited because of transportation barriers. These statistics confirm that public transit accessibility is an important ingredient to mainstreaming the handicapped into society. On the flip side of the coin are the public transit authorities who are in the business of transporting ambulatory, as well as handicapped, persons in the most economical method possible. It would seem that the handicapped, who depend on public transit, would be natural constituents of transit agencies; however, the two groups have been at odds for years, grappling with each other over the accessibility of service. In particular one handicapped rights group — ADAPT (Americans Disabled for Accessible Public Transit) — has been fighting with public transit across the nation. ADAPT wants every fixed route transit bus equipped with a wheelchair lift. In order to express its point, the group conducts disruptive protests at conferences held by the American Public Transit Association (APTA). (See September/October 1988 METRO Magazine, “When Rights Clash," page 79) Today, disabled Americans can chalk up a victory in their constant battle for a broader distribution of handicapped-accessible transit service. On February 13, a federal appeals court ordered the U.S. Department of Transportation to require transit authorities to equip all newly purchased buses with wheelchair lifts. The 3rd Circuit Court of Appeals in Philadelphia also determined the 3 percent cap placed on transit agencies for handicapped expenditures was too low in the case entitled “ADAPT vs. Burnley." Wade Blank. director of ADAPT, applauded the court decision, saying the ruling is significant in the sense it is "evolutionary." Blank said, "We are now getting back to where we were in 1978. When we filed originally, we targeted the 3 percent cap. We decided to broaden the case because the climate in the country has changed. We talked with our attorneys and they broadened it to include the original intent of Section 504, and to really challenge the 1980 case that APTA brought. We are victorious because of a major mood change in the country regarding handicap accessibility." Blank cited two other recent rulings in Detroit and Chicago favoring handicapped accessibility. The Philadelphia ruling is in conflict with APTA's official policy, which was spelled out in a position paper reissued in October 1988. The association favors the local-option approach by which each local transit authority determines its own handicapped transportation policy. APTA's Board of Directors recently rejected a similar proposal calling for all new transit buses to be lift-equipped, according to Albert Engelken, deputy executive director. In other words, APTA believes that each local transit authority should create its own balance between demand response - or dial-a-ride — service, and fixed route accessibility. “It is very important that people realize that APTA is not against wheelchairs on transit buses," said Engelken, “rather, we are for local decision. The board of directors unanimously supports this approach. Every transit system makes their decision after in-depth consultation with the local disabled community. They are not making their decisions blindly." What next? The Department of Transportation is currently exploring its options, which include seeking a rehearing by the appeals court, appealing the-decision to the U.S. Supreme Court, or accepting the ruling. Michael Jacobson, spokesman for the DOT, could not give an estimate on when a decision might be made. An appeal is possible despite President Bush's recent campaign commitment to handicapped programs. Whether the decision will affect bus procurements that are currently - underway is unclear. Jack R. Gilstrap, APTA's executive vice president, issued the following statement concerning the ruling: “Because of the cost impact of the decision which requires lifts on all new buses plus paratransit service, and because it is inconsistent with other court decisions which create conflicting obligations on the part of the DOT and local public transit systems, APTA is urging DOT to challenge the decision." “Obviously this decision is extremely important," said Charles Cowie, national sales manager for Mobile Tech Corporation, a Hutchinson, Kansas-based manufacturer of wheelchair lifts for transit buses. “The objective is to make accessibility and mobility easier for the disabled, but to some, the decision favors a sector of the populous that is not altogether popular." “In a philosophical sense, the ruling is great," said Bill Hinze, National Sales Manager for Ricon, a dedicated lift manufacturer in Sun Valley, Calif. “It’s like a mandate for racial integration — it should have been done years ago." However, Hinze indicated he is still an advocate of demand response systems. “I don't think the government should mandate installation of lifts," said Bob Davis, vice president of Bus Manufacturing USA, a Goleta, Calif.-based distributor of semi-automatic lifts. “It can become expensive for the smaller transit agencies." The court also ruled that the current 3 percent cap on handicapped spending was insufficient; however, many agencies were already spending a higher percentage. In fact, in California and state law already requires all newly purchased transit buses to be equipped with wheelchair lifts. “Other states were already adhering to a similar policy, although it is not written in law," said Don Smith, director of marketing for Lift-U, Inc. in Escalon, Calif. According to Engelken of APTA, an average of 6 percent of transit expenditures are directed toward improving handicapped transportation already — double the required limit. Moreover, an APTA survey indicates that 31 percent of all transit vehicles are lift equipped, with the number steadily rising. The court decision comes in the wake of several different movements toward the improvement of handicapped accessibility to public transit. [Subheading] Project ACTION As part of the APTA’s Elderly and Disabled Task Force, a three-year Congressional program called “Project ACTION" (Accessible Community Transportation In Our Nation) will soon establish six demonstration sites nationwide to study handicapped transit accessibility. The National Easter Seal Society is conducting the three-year, $3 million undertaking. Congress has earmarked $1 million in fiscal year 1988 UMTA research and technical assistance funds to initiate the project, and an additional $1.35 million in fiscal year 1989. Project ACTION is designed to improve access to transit services for the handicapped. It will involve national and local organizations representing public transit operators, the transit industry, and people with disabilities in the development of a cooperative model program promoting greater access to transportation. Project ACTION is the result of a mandate from Congress to find ways to better accommodate the transportation needs of people with disabilities. The program will focus on five key concerns of people with disabilities and local transit operators seeking to improve transit: * Identifying persons with disabilities in the community. * Developing effective outreach and marketing strategies. * Developing training programs for transit riders. * Developing assistive programs for people with disabilities. * Applying appropriate technology to solve critical barriers to transportation and accessibility. “APTA’s task force is examining numerous areas to improve handicapped transportation," said Engelken. “We are looking at how to improve the marketing of service and we are struggling with the wrenching problem that exists in that area. "We have to make sure that people are riding the buses,” added Engelken. “If we don't, then the federal and state government are going to say that transit agencies are spending their money unwisely.” [Subheading] Operating costs The court decision also comes at a time when some transit agencies are lowering their wheelchair lift operating costs. In fact, figures released by ADAPT, claim that Seattle Metro operating costs were $3.13 per lift in 1987, with a reliability rate of more than 98 percent. In comparison, the Bay Area Regional Transit Association cited operating costs of $118.55 per trip for wheelchair lift-equipped transit buses among the several different transit authorities operating in the region. This disparity is due to widely different methodologies for calculating costs, a condition that has led to an absence of reliable nation-wide data. Tim Cook, director for the National Disabilities Action Center in Washington, D.C. and the attorney representing ADAPT in court, said, “I’m not sure accurate figures exist because it varies from system to system. National figures are meaningless because many systems haven't made a decision to make a commitment to accessibility." “Every property has it differently organized. Some agencies will designate one mechanic to maintain 75 to 100 lifts," said Smith of Lift-U, “But it really depends on how committed the maintenance director or general manager is to wheelchair lifts." [Subheading] Technology Mobile Tech and Lift-U manufacture electro-hydraulic passive wheelchair lifts for the transit industry. These lifts do not require the driver to leave his seat to operate the device. Ricon is a leading manufacturer of dedicated lifts, which are common on paratransit vehicles. These lifts are ideal for the handicapped, but cannot be used by ambulatory passengers. The lift does not utilize hydraulics. Another lift on the market is the AMF Hubmatik swivel-lift manufactured in West Germany. The lift is marketed in the U.S. by Bus Manufacturing USA and Ortho Safe Systems in Trenton, N.J. The semi-automatic, electro-hydraulic lift requires the driver to swivel the unit out the door for boarding and departure. It is currently in use by Sun Line Transit Agency in Thousand Palms, Calif. Due to constant R & D by the manufacturers, lift technology is dynamically improving. According to Smith, future innovations in passive lift technology will include state-of-the-art circuit boards, LED's and microchips. Cowie of Mobile-Tech predicted a 180 degree turn in technology within the next two years. Hinze indicated his company is developing a lift that can be utilized by both handicapped and ambulatory passengers and reduce maintenance costs by up to 10 percent. The court ruling does not touch upon rail accessibility at all. Installation of wayside wheelchair lifts for rail systems has not been as active as bus development. According to Smith, some transit agencies have requested lifts be designed for installation on the railcars themselves; however, because of the small demand, this is not profitable for passive lift manufacturers. More R & D is necessary on the shock and vibration of railcars to produce a passive lift that can withstand that environment. However, San Diego Trolley has been using on-board lifts for three years, and recently ordered 41 more units according to Hinze of Ricon. This onboard lift eliminates the problem of railcar operators “spotting” their stops for wayside lift access. The ruling could also mean increased specification of wheelchair restraint systems such as the one manufactured by Q'Straint in Buffalo, N.Y. The system consists of four stainless steel floor plates mounted flush with the floor. Four belts, two in front and two in the rear, and a shoulder harness and lap belt secure the rider. [Subheading] Solving the problem Despite the jubilation one might expect among wheelchair manufacturers, many seem to believe a mixture of demand response service along with fixed route wheelchair service is the ultimate solution to transporting the disabled and elderly. "The degree of demand response versus fixed route service should be a local decision," Cowie said. “It is important to mainstream the handicapped in the bigger cities through fixed route service; however, demand response is good in rural areas." These thoughts were echoed somewhat by Smith, who is a member of APTA’s Elderly and Disabled Services Task Force. "There should definitely be a mixture of services," he said. “[The government] can't dictate how every community should handle this problem. Some communities have spent a lot of money of their dial-a-ride service. You need to have a local option. “Another solution," continues Smith, "might be to make fixed route service fully accessible and let another organization — outside the realm of public transit — take care of special needs or demand response service." He believes the transportation problems of the elderly and the disabled should be handled separately. the end of article BOXED TEXT next to main article: [Heading] The Long Road To Wheelchair Accessibility A federal appeals court has ordered the U.S. Department of Transportation to require transit authorities to equip new buses with wheelchair lifts, and provide public transport for riders unable to use lift-equipped buses. Attorneys who brought the lawsuit called it the most important decision ever handed down for handicapped people needing public transportation. The decision, in the U.S. 3rd Circuit Court of Appeals was, 2-1. “We conclude that ordering that newly purchased buses be accessible to the mobility disabled does not exact a fundamental alteration to the nature of mass transportation," Judge Carol Mansmann wrote in the majority opinion. “Also, by requiring that newly purchased buses be accessible, we are not imposing undue financial or administrative burdens on the local transit authorities." In the dissenting opinion, Judge Morton I. Greenberg said the section requiring new buses to be accessible was not meant to apply to transit systems choosing a paratransit system. Timothy M. Cook, director of the National Disability Action Center, argued the case before the appeals court and called the decision, “a major, major victory for the handicapped community. We can't say enough positive things about it.” Cook expressed hope that the ruling would not be appealed in light of President Bush's recent comments about his desire to bring the handicapped into the mainstream. The Transportation Department had appealed an earlier decision by U.S. District Judge Marvin Katz in Philadelphia that canceled a 1986 department regulation calling for mass-transit authorities to spend up to 3 percent of their operating budgets on providing services for the handicapped. In his decision, Katz called the 3 percent requirement unreasonable, but ruled the department must resolve differences between equality for the handicapped and cost efficiency. Americans Disabled for Accessible Public Transportation (ADAPT) appealed Katz's simultaneous ruling that upheld the right of transit authorities to decide whether to fit vehicles for the handicapped or provide other services. The appeals court ruling affirmed Katz's decision in favor of dropping the 3 percent provision, but it reversed his other decision by ordering transit authorities to equip new buses with chair lifts or other accommodations for the handicapped.
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PHOTO: An African American woman in a motorized wheelchair sits in front of a group of other people in wheelchairs and standing. Several are wearing ADAPT no stairs logo T-shirts. The woman in front has a sign across the front of the wheelchair that says "Access Now. We will Ride." They are on a city street in an urban downtown area. Caption says: SINCE 1983, ADAPT has picketed APTA is national and regional conventions, always an unwelcome guest. Scores of demonstrators have been arrested hundreds of times as they blocked the entrances to APTA's various hotel headquarters in such cities, as Denver, Detroit, Montreal, Los Angeles, San Francisco, Washington, D.C., Cincinnati, San Antonio, and Reno. Only once, in Denver in 1983, was ADAPT allowed to make its plea for accessible public transit before an APTA meeting, and then only after the city's mayor, Federico Pena, intervened. APTA insisted throughout the demonstrations that they weren't opposed to lifts per se, only to making the lifts mandatory on all public transit systems. APTA argued that it was a matter best decided by local transit providers.
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Weekly Reader Senior Edition Volume 44, Issue 8, November 3. 1989 PHOTO (by Roberta Barnes/San Antonio Light): A group of marchers, nine are visible but there appear to be more behind them, most in wheelchairs, roll toward the camera. In seems to be windy and sunny and they are on a downtown sidewalk. In the center a man with a busy head of hair and salt and pepper beard (Bob Kafka) rolls his manual chair as he shouts; behind him is a large ADAPT flag. He wears an ADAPT shirt with the no steps logo, suspenders and blue jeans; across is legs is a sign reading "victims of inappropriate accessibility" and he has a bag or something stuffed between his feet. He is looking to his right and a woman in a power chair in a white dress and dark sunglasses looks back at him with a slight smile. She seems to have a parasol. On his left is a man in a motored wheelchair (Hector Saenz) in a button down shirt and suit pants is rolling with him and also yelling. In the row behind them you can see two women in dark sunglasses and dresses walking and carrying posters, one reads "LIFTS NOT LIES." Between Bob and Hector you can see the line goes back and a man with dark hair and a beard (Frank Lozano) is visible pushing another person in a wheelchair. Between the marchers street signs "speed limit 20", "merge left" and a pedestrian crossing sign, are visible. Caption in large print reads: DISABLED AMERICANS WIN RIGHTS See story, pages 4 and 5