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June 12, 1990 - Guardian. 5 Disabled 'ecstatic' as rights act clears House By DIANE COLEMAN The Americans with Disabilities Act, considered by many to be the most sweeping civil rights legislation since the 1964 Civil Rights Act, easily cleared the House of Representatives May 22. It is expected to reach the president‘s desk by July 4. The act prohibits discrimination based on disability in public accommodations, employment, transportation and telecommunications. It is intended to address "rampant, daily discrimination in every sphere of American life,“ Rep. Pat Schroeder, D-Colo., told her colleagues on the House floor. “Mentally retarded persons are kept out of restaurants. Persons with cerebral palsy are turned away from theaters. . . . Employers cite fears of hiring disabled persons because their customers will feel uncomfortable or even repulsed,” Schroeder added. Despite strong opposition from private business and transportation lobbies, chief among them the National Federation of Independent Businesses and Greyhound Lines, Inc. , the Americans With Disabilities Act achieved bipartisan support in both houses of Congress. The House vote was 403-29. Under pressure from the NFIB and the National Restaurant Association, the House version of the bill was amended at the last minute to allow employers to remove people with HIV infection from food handling positions. Sponsored by Rep. Jim Chapman, the amendment passed narrowly, although the Texas Democrat conceded there is no “evidence that‘AIDS can be transferred in the process of handling food.” Tom Sheridan of AIDS Action, representing 500 community-based service organizations, predicted that the Chapman amendment would go down to defeat in the House-Senate conference committee. “It’s a horrible amendment for all people with disabilities because . . . it begins to codify the fact that irrational fear is protected by the law,” he said. Nonetheless at press time Senate conferees had agreed to include the restrictions. “Cheers and tears” filled the House gallery at the moment of the ADA's long-awaited passage, according to Tennessee disabled activist Michael Gibson, “but we all know that the bill is only a first step. Several agencies will be writing key regulations which offer innumerable opportunities to weaken the effect of this legislation,” Gibson said. SOME DELAYS, FEW LOSSES While many activists feared the House would water down the Senate version of the bill, Marilyn Golden of the Disability Rights Education and Defense Fund said that the ADA “has not been weakened anywhere near the extent that much legislation is. " According to Golden, who has worked intensively for the bill's passage over the last two years, various timetables and phase-in provisions were adopted to avoid other forms of compromise. The ADA’s protections against employment discrimination, which parallel those applied to federally funded entities since 1973, do not go into effect for two years. Prohibitions against discrimination in public accommodations, such as theaters and restaurants, will require accessibility in facilities “construct[ed] . . . for first occupancy no later than 30 months after the date of enactment." Telephone companies will have three years to put in place a relay service for deaf people and others who depend on non-voice telecommunication. A requirement that all new public buses be lift-equipped will take effect in only 30 days. Many attribute this to seven years of non-violent civil disobedience by the American Disabled for Accessible Public Transit. Greyhound, a private carrier, was given six years to begin replacing its retired buses with accessible ones. Activists also waged a last-minute battle over employment discrimination remedies. Recently proposed legislation would add damages to the relief available to discrimination victims under Title VII of the Civil Rights Act of 1964. In the face of this, Golden said. the Bush administration tried “to renege on its agreement for parallelism” between the ADA and the 1964 act. It backed an amendment that would have kept remedies for disability-based discrimination at current levels if and when discrimination remedies are increased for other minority groups and women. The amendment was narrowly defeated just prior to the final vote on the bill itself. Overall, Golden said. “We're ecstatic." The ADA “will hopefully begin to convey to the American public. left, center and right (because in some ways I don't think the consciousness of the left is any better), that disability is not a personal issue, that there’s a systematic oppression of people with disabilities. . . . Even Congress has faced the fact of the systematic discrimination. " PHOTO (by Tom Olin): A closer view of a mass of marchers coming around a huge tree on a broad sidewalk leading up to the Capitol. Stephanie Thomas, Frank Lozano, Jennifer Keelan and others lead the march which is 12 across in some places and scattered in others. The ADAPT flag (an American Flag with the stars arranged in the wheelchair symbol instead of in rows) flies over the crowd from a few rows back. Some people are in suits and ties, some in T-shirts. Some are in wheelchairs, some carry cameras; children to older folks are in the mix. Caption reads: Seven years of nonviolent civil disobedience by the American Disabled for Accessible Public Transit has been credited for the requirement that all new buses be lift-equipped. Above, ADAPT march on U.S. Capitol.
ADAPT (530)
Different TIMES THE NEWSPAPER DEDICATED TO THE PROPOSITION THAT ALL PERSONS ARE CREATED DIFFERENT, BUT EQUAL $125 Vol. IV, No.4 April, 1990 Protesters disable capitol Photo (World Wide Photos): Three protesters in wheelchairs sit in front of the Capitiol building beside the crowd. One sits, back to the camera, Walter Hart faces the camera with a bandanna and dark glasses, and Joe Carle sits sideways. Behind them in the far distance is the dome of the Capitol and directly behind them between the dome and the group is the ADAPT flag (an American flag with the stars arranged in the access symbol.) Caption reads: About 1500 persons of disability rallied for protest outside capitol in Washington, D.C. last month. STORY 1: by Vonne Worth Protest marches last month may influence passage of a strong Americans with Disabilities Act soon. 1500 join in Washington, DC demonstrations to pass ADA in House On March 12, Americans with Disabilities for Accessible Public Transportation (ADAPT) marched from the White House to the Capitol Building, said Mike Auberger, an organizer with ADAPT. About 1500 people from all over the country with many different disabilities took part, he said. At the White House, a spokesperson "reaffirmed President Bush's position that he wanted to see the Senate version of the Americans with Disabilities Act (ADA) passed intact," Auberger said. The ADA is a civil rights act for persons of disability which prohibits discrimination in employment, transportation, public services, public accommodations, and telecommunications. It has passed the Senate and is now in the House of Representatives, where some business interests are lobbying heavily against it. ADAPT was demonstrating to work for passage of the ADA, according to Auberger. After the march to the capitol, several speakers talked to the crowd. They included Rep. Patricia Schroeder (D-Colo.); Rep. Major Owens (D-N.Y.), one of the sponsors of the ADA; Justin Dart, of the Congressional Task Force on Rights and Empowerment of Americans with Disabilities; Jim Brady, former President Reagan's press secretary; Auberger, and others. Then there was a crawl up the steps of the capitol. "The reason for the crawl was to let everybody in the House know that we're not going to let any obstacle stop us from having the ADA passed," Auberger said. “It wasn't to gain sympathy or to gain votes." ADAPT protesters marched to the rotunda the following day, March 13, and took over the rotunda. 104 of them were arrested. March l4, ADAPT demonstrators went to the Sam Rayburn Building. “We took over [Rep.] Bud Schuster's (R-Pa.) office who's the minority chairman of the Transportation Committee," Auberger said. “He's been the one within the Transportation Committee who's tried to add amendments like ‘Cities under 200,000 would not have to lift-equip their vehicles." “Also he was going after inclement weather—if you had too much snow, like we have here in Denver, you wouldn't have to have lift-equipped vehicles even though we already do. We have an average of 60 inches of snow a year," Auberger related. “Most of those amendments were defeated," Auberger added. “At the same time, we met with Hamilton Fish, (R-NY) who is the minority chairman of the Judiciary Committee," Auberger said. The ADA is undergoing constant attempts to weaken the remedy section; however, Fish didn't seem aware of this, according to Auberger. But Fish sat down in his office with about 30 disabled people and "talked with us probably for about a half hour and made a commitment that he would do everything within his position as minority leader of that Committee to see that there isn't any weakening and we were also at the Judiciary Committee Offices and we were working on setting up a meeting with Attorney General Thornburgh because he was the one who had been raising the issue of weakening the remedies section," Auberger said. “They were working on that and they tried to stall so at about seven o'clock, they were closing the capitol, we all refused to leave from Bud Schuster's office and from the Judiciary Committee and there were 60 people arrested in those offices and we got out about one o'clock that night," Auberger related. He said the demonstrations seemed to work. “lt clearly had this real effect on the hill when you went up there." PHOTO (by Tom Olin): Looking from over the shoulders and head of a woman (Cassie James) on the floor sitting between the back of a power wheelchair and a desk, she is holding onto the desk with her left arm and is scrunched in. Over her head on the other side of the room 3 other people people with disabilities out of their wheelchairs (Eric von Schmeterling, Carol Marfisi and Kent Killam) are sitting on the floor. Behind them is a desk and the wall with photos on it, Congressional meomentos. Caption reads: Demonstrators sit in Rep. Bud Schuster’s (R-Pa.) office to protest his sponsorship of amendments that would have substantially weakened ADA sections dealing with transportation. All of a sudden, these representatives knew the ADA was an issue and that disabled people were here and they [the congresspersons] had that look of ‘Are you one of them that are raising all the hell?’ They had a whole different understanding of disability—that you need to see a different side of disabled people, not the side that you want to think of as poor and helpless. They clearly were educated very fast over those two days,” Auberger commented. “Now as a result of that demonstration and one in Philadelphia, the Department of Transportation (DOT) has rewritten the final regs to require all mainline systems to be lift-equipped into the future and to provide paratransit for those people who cannot get to the bus stop. These are new regs that have 90-day comment periods—the transit industry is not going" to oppose them,” he explained. Also, ADA should come to the House for a vote soon. It will be brought the the floor within 60 days and there is a lot of support for the bill, said Charles Siegal, from Speaker Foley’s press secretary’s office. ADA went through the Energy Committee without any amendments and no changes from the Senate version, Auberger indicated. “That happened while we were there and I'm sure that's why it happened that way," he said. STORY 2: by Vonne Worth A protest in Washington, D.C. by a disability group has resulted in the filing of a half-million-dollarlawsuit against the District of Columbia Court System. Americans with Disabilities for Accessible Public Transportation (ADAPT), many in wheelchairs, crawled up the stairs to the nation ’s capitol and took over the rotunda on March 13. They demanded to talk to Speaker of the House Tom Foley (D-Wash.) and Minority Leader of the House Robert Michel (R-Ill.) about passage of the Americans with Disabilities Act (ADA). “He [Foley] was not happy to come to meet with us" said Mike Auberger, organizer with ADAPT. "He didn't seem to have met with a lot of disability groups, he didn't quite know how to respond to that many disabled people and he talked about him pushing and speeding up the process and he tried to explain ‘we don’t understand the legislative process,’ and we said, ‘of course, we do, we're not totally stupid, just disabled.” “And Michel pretty much came out with the same sentiment and we let him know that he and other Republicans could be targets of the demonstration later in the week simply because they put more and more and more weakening amendments into the ADA,” Auberger added. The talk seemed to break down and the Capitol Police were called. “They were continuing to speak, we heard enough and so we were pretty much just chanting at that point ‘ADA now, now less,"' Auberger said. “At the point where we decided people could get arrested, all went to the center of the rotunda and circled there and several of us chained ourselves together with kryptonite locks," Auberger related. Within 15 minutes, 104 people, most of them in wheelchairs, were arrested, Auberger indicated. Then the police couldn’t cut through the locks. “They tried bolt cutters, they tried two different types of bolt cutters, they didn't work, so they had to bring in a hydraulic bolt cutter and it finally did work on the first one, but it broke on the second one, so they finally tried the bolt cutters again and they went through this whole process of getting these 104 people who were chanting in the middle of the rotunda ‘ADA now’ out," Auberger said. “It took about two and a half hours to get everybody out of the building since they only used one elevator which could take only one person at a time," Auberger explained. “At 1:28 Eastern time, they had to close the capitol to the public so that they could ‘get rid of all those rowdy disabled people." “They didn't have lift-equipped vehicles, so they had to lift everybody into vans and it took four or five officers to lift each chair into a van and they drive off with two chairs to a van to the police station, and then it took four or five more officers" to get them off, Auberger said. “They took everybody to police headquarters where they booked everybody and released them the next moming about one o'clock," Auberger related. It took 12 hours for the police to book 104 people. “This was a major process, them getting everybody out there," Auberger said, “lt was just a nightmare for them." The next afternoon, they went to the Sam Rayburn Building and took over offices of the congressmen on the Transportation and Judiciary Committees. About 60 people were arrested that day. The next two days were spent in court, Auberger said. “The majority of people ended up paying $10 in court costs and suspended sentences and that was pretty much it,” Auberger said. “There were five people who were given probation in their own cities from six months to a year just for being, I would suspect, ringleaders," he said. The judge in the case was disabled. “He had an arm that he couldn’t use at all,” Auberger said. Auberger said he felt the judge wasn’t sympathetic to the case. “His position was ‘You write your congressman if you want to change things,”’ Auberger said. “We all did that, clearly. It didn’t do a damn bit of good, but he wasn’t going to hear that. He pretty much gave out fines, four of them were for $100 and ten day suspended sentences and mine was $500 and a 20 day suspended sentence plus I have the longest, a year probation in-my city.” Auberger said it was rare for courts to send probation orders back to one’s home city. “Ironically, what was so incredible was the next day, when we went to file our probation papers, the building we were supposed to file our probation papers in was inaccessible,” Auberger said. “We come back to the courthouse, we talked to our attomey; unfortunately, the judge wasn’t around.” “They [had] put us all on probation and then we couldn’t get into the building to do the probation. Well, then, they told us, ‘Do it out in the hall by the courtroom.’.No. That's unacceptable. If everybody else goes into the building, we should be able to as well.” “So we’ve now filed a half a million dollar lawsuit against the District of Columbia Court System for denying us our civil rights.” About 250 people took part in the action. Copyright 1990, Different TIMES