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Hem / Album / Taggar Wade Blank
+ Mayor McNichols 2
ADAPT (96)
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.”
ADAPT (58)
Western Union Mailgram Mailgram Service Center Middletown VA, 22645 06/05/80 11:23P EST The Atlantis Community 4536 East Colfax Denver, CO 80220 THIS MAILGRAM IS A CONFIRMATION COPY OF THE FOLLOWING MESSAGE: MAYOR BILL MCNICHOLS ROOM 350 CITY AND COUNTY BLDG DENVER CO 80203 SIR THERE IS A GROWING FRUSTRATION AMONG THE DISABLED COMMUNITY CONCERNING THE LACK OF CURB CUTS THAT CAN BE DONE IN A PARTICULAR AREA ON REQUEST. WHILE WE APPLAUD THE CITIES PAST EFFORTS IN CUTTING MANY CURBS FOR WHEELCHAIRS, IN WHILE WE UNDERSTAND THE PRESENT POLICY OF CUTTING OF ALL CURBS THAT ARE REPAIRED-WE ARE PERPLEXED AND FRUSTRATED AT THE LACK OF ANY PROCEDURE BY THE CITY EOR CUTTING CURBS IN A PARTICULAR AREA SO A DISABELED PERSON CAN GET TO WORK, SCHOOL, CHURCH, OR TO A BUS STOP. WE WOULD APPRECIATE A MEETING WITH YOUR OFFICE TO DISCUSS THE PROBLEM AS SOON AS POSSIBLE; WE HOPE THAT TOGETHER WE CAN REACH AN AMICABLE RESOLUTION OF THE PROBLEM SINCERELY WADE BLANK & GLENN KOPP CO-DIRECTORS OF THE ATLANTIS COMMUNITY 4536 EAST COLFAX DENVER CO 80220