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Heim / Albúm / Merki Wade Blank
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The Handicapped Coloradan AUTUMN 1989, VOL. 12, NOS. 4 & 5 [This is the full text of an article that appears in ADAPT 508 and 504] [Headline] FEDS GIVE IN! [Subheading] It ain't over till it's over—and it’s over A struggle that began ten years ago in falling snow on the streets of Denver may have ended this October in Atlanta, the city where Martin Luther King, Jr., preached the value of civil disobedience from the pulpit of the Ebenezer Baptist Church. As more than a hundred demonstrators held the Richard B. Russell Federal Building hostage, representatives of President Bush and the American Disabled for Public Transportation (ADAPT) hammered out an agreement that will eventually put a wheelchair lift on every bus in America. The statement stopped short of a full promise to mandate lifts, but it did contain this Statement: "Full accessibility in public transit is the President's policy." And it did promise that the government would try to prevent any transit system from purchasing non-equipped buses before the Americans with Disabilities Act (ADA) is adopted. That measure does mandate full accessibility and is expected to be approved by Congress and signed by the President. Privately, federal negotiators told ADAPT that they would guarantee that no more systems buy liftless buses, according to informed sources, who said that a videotape of this promise exists. It is probably too late to block the purchase of non-accessible buses in Pittsburgh and Albuquerque, however, since these cities have already had their proposals approved. The Atlanta agreement comes in the wake of a decision by the U.S. Court of Appeals for the Third Circuit in Philadelphia that reaffirmed an earlier decision by the court that persons with disabilities must be provided effective access to public transportation services throughout the nation. In the 9-3 ruling, the Court of Appeals struck down a regulation issued by the U.S. Department of Transportation limiting the amount that transit systems had to spend on disability access to three percent of their operating budgets. The Court said that the limit was "arbitrary and capricious.” By an 8-4 vote the Court ruled that existing buses need not be retrofitted but that all new buses must be equipped with lifts. Timothy M. Cook, director of the Washington-based National Disability Action Center, who argued the appeal on behalf of ADAPT, said the decision will lead to the adoption of multi-modal systems that include accessible mainline buses as well as door-to-door transit for those who are unable to board lift-equipped buses. The July 25 ruling reaffirmed a similar ruling made in February by three of the judges. That decision had been appealed by the DOT. The Court of Appeals has sent the case back to the lower court with instructions that it set a specific time-table for the issuance of new regulations by the Secretary of Transportation. One of ADAPT's founders, Wade Blank, said the court decision and the concessions made by the President in Atlanta were very satisfying, but that somehow the group was unable to celebrate, at least in a formal fashion. “I went down to a meeting [of the RTD Handicapped Advisory Council] and told the people there that we had won this great victory, and most of them didn't even know what I was talking about," he said. Blank said the accessibility victories that had already been won in Denver had made these people complacent. It was a different story in Atlanta, however, where scores of demonstrators from across the country had converged to picket the annual convention of their arch-nemesis, the American Public Transit Association (APTA), which has consistently opposed any attempt to require mainline wheelchair accessible service. ADAPT has been picketing national and regional conventions of APTA since the organization met in Denver in 1983. Except for Denver, where the demonstrators had the endorsement of the city’s mayor, Federico Pena, those meetings have been marked by demonstrators being arrested for picketing the APTA convention headquarters and for blocking city buses. The story was a little different in Atlanta where the demonstrators made a token push at the barricades around the Hilton Hotel on Sunday, Oct. 24, before they moved on to their real objective, the Russell Federal Building, the next day. Wheelchair protesters poured into the building, jamming hallways and blocking elevators, which trapped federal employees on the top floors of the building. At 6 p.m. federal marshals moved in and began physically removing demonstrators, but with little success. As marshals pried open a door and wheeled one demonstrator out, several more sped inside. One demonstrator managed to be escorted out of the building seven times. It was a game of musical wheelchairs until President Bush intervened, ordering the marshals to let the demonstrators back into the building. Things quieted down until the next day, Tuesday, Oct. 26, when the demonstrators once again poured into the building and blocked the elevators. “It got a little ugly," Blank said. "Some of the disabled people were attacked by federal employees." But even as demonstrators and federal employees were battling to see who would eventually gain control of the building, the historic agreement that would end non-accessible public transit was being signed. ADAPT had won, although a few blocks away APTA officials were arguing that the group had not been instrumental in the decision. With a public transportation victory in their hip pocket, ADAPT turned its attention to the private sector on Wednesday by halting bus service at the Greyhound terminal in downtown Atlanta for more than five hours. Demonstrators blocked the driveways and in some cases chained themselves to the drivers’ steering wheels. More than two dozen of them were arrested, but all were later released on their own recognizance. Greyhound regional manager Tom Street said that only four buses, carrying a total of 80 passengers, left Atlanta during the siege, instead of the normal 20 buses and 600 passengers. Greyhound has a “Helping Hands" program where persons in wheelchairs may ride the buses so long as they are accompanied by an able-bodied friend, who rides free. Demonstrators said that this policy severely restricts their freedom of travel. They were also upset that Greyhound does not allow battery operated wheelchairs to be transported on their buses. Boxed Text: Text of statement signed by Feds, ADAPT in Atlanta The following is the text of the statement issued on Sept. 26, I989, in Atlanta by representatives of ADAPT and the federal government. We have had the opportunity to meet with representatives of the disabled community here in Atlanta today. We have mutually agreed to the following points: 1. The Urban Mass Transportation Administration will recommend to Secretary Skinner that officials of the Department of Transportation and representatives of the disabled community shall promptly meet and confer for the purpose of establishing a process for identifying and dealing with any eleventh hour attempt to circumvent the principle of accessibility prior to the adoption and effective date of the Americans with Disabilities Act. Full accessibility in public transit is the President's policy, We are making this recommendation because the Department cannot issue a summary order commanding immediate accessibility, including wheelchair accessibility for all transit. We would, if we could. 2. Because the President shares the sense of urgency of the demonstrators here in Atlanta for the passage by the House of Representatives of the Americans with Disabilities Act, we have agreed to recommend that a workable arrangement be negotiated to accommodate a continuing symbolic presence by the disabled community at the Richard B Russell Federal Building. 3. We have also agreed to communicate to Secretary Skinner the concern expressed here that the current rule-making for implementation of the Air Carriers Access Act of 1986 is not on a sufficiently tight timetable and should be resolved at the earliest practicable date. End of boxed text. PHOTO (by Tom Olin?): A medium close up of Lillibeth Navarro, a small Phillipina, who leans forward intensely, chanting or yelling full force. She sits in her motorized chair her right hand in a fist resting on her armrest. Her large glasses and glossy dark hair seem almost out of place with her intensity. She is wearing and ADAPT shirt that says "I Will Ride" and has the old "no steps" (a set of steps covered with a circle and a diagonal bar across - the no symbol) logo surrounded by "American Disabled for Accessible Public Transit." On the left shoulder of her shirt you can see the list of cities ADAPT had held actions. In her lap a bandanna covered with the "no steps" logo. Caption: I am a disabled person. Hear me roar.
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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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Title: Disabled.. protesters at the Queen E. ‘We Shall Overcome’ by Ron Charles Montreal Daily News Inserted in the top center of the page is an image of yesterday's Daily News front page [ADAPT 386 & 385] with the headline A wheelchair army goes to way! and photos of that protest. Captioned: “Yesterday’s Daily News.” Title: The Siege Day 2 TEN disabled protesters were arrested last night for chaining their wheelchairs to doors at the Queen Elizabeth Hotel, while 10 others were being arraigned in municipal court. Singing "Access is a civil right," and "We shall overcome," the protesters demanded to see American Public Transit Association (APTA) vice-president Jack Gilstrap. Gilstrap refused to face them. APTA is holding its annual conference at the Queen Elizabeth. The protesters, members of American Disabled for Access to Public Transit, want APTA to endorse wheelchair lifts on all new buses across North America. Police officials said nine of 10 would be arraigned in municipal court sometime last night or early this morning. Cynthia Keelan and her seven-year-old daughter Jennifer were released soon after the wheelchair bus carrying the arrested demonstrators arrived at police headquarters. Police began processing the 10 protesters last night just as the arraignments of 10 others arrested earlier in the day were being completed. The 10 arraigned at 7:30 last night were arrested for blocking the Camillien-Houde parkway atop Mount Royal —to impede the return of APTA conference-goers from a luncheon at Chalet Mont Royal. All 10 pleaded guilty to charges of mischief and obstruction of justice. Municipal court Judge Louis-Jacques Leger sentenced five of the 10 — all of whom refused to pay $50 in fines — to three days in jail. The judge also slapped probation orders on the protesters, forbidding them from taking part in demonstrations on the Island of Montreal for six months. Léger also forbade them from being within 100 metres of an ADAPT demonstration and from being in areas where the arrests were made until the APTA conference ends to-morrow. [Subheading] Waived conditions The judge waived the last two conditions for Marie Barile, the sole Montrealer arrested atop the mountain. Barile protested conditions which said she should not be within the boundaries of Cote des Neiges Boulevard, Pine Avenue, Mount Royal Avenue and Parc Avenue. "But I work on Cote des Neiges near Victoria," she said, leaning forward in her wheel-chair so Léger could hear her. Rev. Wade Blank, one of the five who refused to pay his fine, told the judge that he would go to jail to protest the incarceration of the wheelchair-bound demonstrators. "I'm protesting the punishment of people, who are already punished enough by society," said Blank, who isn't disabled. MUC police moved in after the group of 50 blocked access to the chalet for an hour. "All the APTA people got up to their fancy luncheon, but they couldn't get down," said Molly Blank, Wade's wife. Meanwhile, 20 ADAPT members are expected to be released from prison this morning after serving half of their three-day sentences for invading and refusing to leave the Sheraton Centre, where some APTA members are staying. While 28 were arrested in the Sheraton protest, eight paid their $50 fines after pleading guilty to mischief and obstructing justice in a 2:30 a.m. municipal court session yesterday. The rest refused to pay fines or could not. The 20 — 16 men who were sent to Bordeaux jail and four women sent to Tanguay — went on hunger strikes to protest the probation orders Léger imposed. "Basically, the judge told them not to go into a demilitarized zone encompassing the major hotels where APTA members are staying," said Stewart Russell, the group's Montreal lawyer. [Subheading] Don't have right Russell called the restrictions on their movements unconstitutional because, he said, they didn't allow those convicted freedom of assembly and freedom of speech. Again at last night's session, he told Léger the orders were unconstitutional. "These people have not the right to demonstrate anywhere in the city of Montreal for six months, and they can't go see the mountain like other tourists visiting the city," Russell told the court at the arraignment of the mountain demonstrators. Léger said the probation order didn't hinder their rights enough to be considered unconstitutional, and he said, "I think they had an opportunity to see the mountain today." Sidebar: Access is a civil right, they say Singing “Access is a civil right,” and “We shall overcome,” disabled protesters at the Queen Elizabeth Hotel demanded to see American Public Transit Association (APTA) vice-president Jack Gilstrap yesterday. The protesters, members of American Disabled for Access to Public Transit, want APTA to endorse wheelchair lifts on all new buses across North America. Photo by Allan Leishman/Daily News: A group of ADAPTers are sitting in their wheelchairs together (left to right: Bobby Simpson, Terri Fowler, Katie Hoffman, Debbie _______ and in front Lillibeth Navarro. Behind them half a dozen police cars and the "Special" paddy wagon/school bus are parked. About a dozen police officers are standing around the cars; one appears to be chatting with Larry Ruiz and another ADAPT person. Caption reads: “Protest: Demonstrators demand to see the American Public Transit Association vice-president.”
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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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Rocky Mountain News Photo by Rocky Mountain News staff photographer David L. Cornwell: An officer pushes a man in a motorized wheelchair [George Roberts] across a wide brick sidewalk, as 2 buses and a car go by on the downtown street. Further up the sidewalk 2 other uniformed officers are standing and even further down, a motorcycle policeman. Caption reads: Officer Gerald Fitzgibbons pushes George Roberts from scene of Friday's demonstration. Roberts and Renate Rabe were arrested in protest. Pena staff to mediate RTD tiff with handicapped By JOSEPH B. VERRENGIA Rocky Mountain News Staff Writer As handicapped demonstrators blocked Regional Transportation District buses with their wheelchairs for the second straight day Friday, Mayor Federico Pena's staff stepped in to referee a growing dispute over broken wheelchair lifts. “Perhaps part of the ultimate answer will be to allow the disabled community to be part of the decision-making process," Pena aide Dale Sadler said Friday. “What we're hoping for now is to get everyone to talk." But Sadler could only watch as Denver police quickly arrested George Roberts and Renate Rabe as the pair rolled their wheelchairs in front of an RTD bus at 17th and California Streets at 12:25 p.m. Roberts and Rabe were the second and third members of the militant disabled-rights group known as ADAPT to be booked into city jail in two days in connection with obstructing a government agency and blocking traffic. Mike Auberger of Denver was arrested Thursday at the intersection of East Colfax Avenue and Cherry Street when he rolled his wheelchair in front of a bus with a broken lift. Auberger, who was jailed for about three hours, is scheduled to appear in Denver District Court March 12. He faces $250 in fines. Roberts and Rabe were released Friday afternoon. Roberts is scheduled to appear in court Feb. 25. Rabe is scheduled to appear March 15. ADAPT protesters have vowed to block buses at busy intersections throughout the six-county transit district for 80 days — or until the RTD board of directors agrees to spend $753,059 budgeted to fix the balky electrical systems on 303 lift-equipped buses. RTD has one of the nation's most accessible public transit systems with lifts installed on about half of it's 750-bus fleet. However, disabled passengers complain that they frequently suffer frostbite in the winter as four or five buses with broken lifts pass them. They said they have a right as taxpayers to ride regular bus service, rather than plan their lives days in advance around the limited schedules of van services. “A wheelchair lift on a bus means a disabled person can live wherever he wants and shop wherever he wants," Auberger said. “The (RTD) board doesn't have the right to tell me where to live and shop. They might as well put me back in a nursing home." The demonstrators offered to cancel Friday's rally in exchange for a meeting with RTD General Manager Ed Colby. RTD officials said Colby had taken the day off Friday, but agreed to meet with the protesters minutes before their scheduled protest. That wasn't good enough, ADAPT leaders responded. “Colby had all last night and this morning to respond to us,” said Wade Blank, an able bodied demonstrator who organized the protests. “He was just a little late." RTD board members will discuss the transit agency's handicapped access policy for the handicapped and its lift repair record Tuesday at a committee meeting.
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Rocky Mountain News 9/5/81 Denver, CO Handicapped buoyed by judge's ruling By JANE HULSE, News Staff A Denver judge Friday dismissed charges against 20 able-bodied protesters who invaded the Denver mayor's office last spring because 23 other protesters in wheelchairs had not been ticketed. That, said County Judge Edward A. Simons, is reverse discrimination. The unusual ruling by Simons was hailed by the handicapped community as a "significant” victory. The ruling stemmed from a protest May 15 in the office of Mayor William H. McNichols Jr. concerning budget cuts that would affect handicapped residents. The demonstrators were ordered to leave the building at 5 p.m. after McNichols refused to meet with the group about the cuts in the city’s health-care systems budgets. When the group refused to leave, those in wheelchairs were not ticketed, but the able-bodied protesters were charged with interference —- a misdemeanor carrying a maximum penalty of 90 days in jail or a $300 fine. None was taken to jail and booked. The attorney for the protesters, John Holland, argued that his clients were entitled to equal protection under the law and that the law shouldn’t be enforced selectively against one group. “It takes a message to the mayor that he can’t insult the disabled community by ignoring them," said Wade Blank, a spokesman for the disabled. “The disabled are telling me that next time (they meet with McNichols) he will have to treat them differently.” He said the ruling will cause the handicapped people to become even more outspoken and demonstrative about fighting for their rights. Knowing they would be subjected to jail at demonstrations doesn't frighten them, he said, noting that the jail has wheelchair access. Blank said the city’s decision to ticket only those demonstrators who were not in wheelchairs had the effect of making the handicapped feel as if they weren't being recognized as people. “It made them feel like second-class citizens he said. He said the handicapped demonstrators knew they were breaking the law by refusing to leave and “they were willing to pay the price.” According to the ruling, the city decided not to ticket the handicapped for fear that some weren't able to remove themselves from the office or didn’t understand the orders to leave. But Simons noted that “the time and resources were available to make those determinations." The judge also stated, “The fact that none of the disabled persons were charged in spite of their active resistance to leaving renders the city's evidence insufficient to overcome the inescapable conclusion that the defendants have been denied equal protection of the laws.”