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ADAPT (717)
Chicago Tribune, Thursday May 14, 1992 [This article continues in ADAPT 712 but the entire text has been included here for easier reading.] Photo by Eduardo Contreras: A man (Randy Horton) in a denim jacket kneels on the bottom step of an escalator with his arms spread from one handrail to the other. Someone stands on the escalator facing him. Behind him are a group of other protesters in wheelchairs filling the area. The group includes: Steve Verriden, San Antonio Funtes, Chris Hronis and others. Caption reads: Randy Horton (on knees) blocks John Meagher on a State of Illinois Center escalator. Title: Disabled protesters take hard line by Christine Hawes and Rob Kawath Rolling his wheelchair around the cavernous State of Illinois Center, shouting for his rights, Ken Heard recalled how he used to spend his days in a Syracuse, N.Y., nursing home where doctors controlled his life. They would tell him when he could get up in the morning, when he could go to sleep, what he could eat. They would feed him pills, but they wouldn’t tell him what they were for. It was as if he had no mind of his own. “l saw people tied down in their beds, said Heard, who has severe cerebral palsy. "And I saw people die in there." It took some time, a marriage that got him out of the nursing home and a raging desire for independence, but today Heard has regained the power to think for himself. He now earns his own income, rents and fumishes his own apartment and even takes vacations in Las Vegas. His joumey to self-sufficiency began when he heard about an activist group now called American Disabled for Attendant Programs Today. On Wednesday, about 200 ADAPT protesters in wheelchairs disrupted operations at the State of Illinois Center, 100 W. Randolph St., blocking exits and occasionally fighting with building patrons and workers as police stood by, arresting no one. Elaborate security measures the state had put in place Monday to keep the 16-floor, 3,000-employee building functioning broke down while state and Chicago police squabbled over who was responsible for arresting protesters deemed to have gone too far. But the scene of disabled men and women dragging themselves up escalators, surging into the building lobby and clutching the legs of people trying to walk past is just another picture in the well-publicized story of a group of vociferous activists savvy in street action. “One of the strongest points of their civil disobedience is making themselves look as pathetic as possible,” said one Chicago-area official at an agency that has been a target of ADAPT. The official, who asked that his name be withheld, said, “They are excellent media users, and they are very successful at putting spotlights on issues that most people probably wouldn’t normally pay attention to.” ADAPT has taken its dedication to a fever pitch, too fevered for some, and like many new protest `groups`—including the AIDS Coalition To Unleash Power (ACT -UP) for gay rights, People for the Ethical Treatment of Animals (PETA) for animal rights and Earth First for the ecology—is using dramatic, sensational tactics for their cause, to allow any nursing home residents the ability to live on their own. And though some may question their efforts, none can doubt they have impact. One woman who said she was grabbed, tripped and bitten during Wednesday’s melee confessed a few hours later, “I can’t help but feel guilty.” During Heard’s 10-year stay in the nursing home, he met some ADAPT members from Denver and listened to them tell of how they took sledgehammers to Denver's street curbs as a way of objecting to inaccessible sidewalks. Now Heard is a political organizer for ADAPT, in town with 350 other protesters. And though members are no longer taking sledgehammers to cement, they are steering wheelchairs into intersections, chaining themselves to buildings and crawling along dirty streets to get over curbs too high for wheelchairs. For the past two years, ADAPT has been staging demonstrations every six months in support of reallocating one-fourth of the country’s Medicaid funds that now go to nursing homes to in-home health care, and to make it easier for disabled people like Heard to escape their “prisons.” This week in Chicago, protests have played out at the quarters of everyone ADAPT perceives as the health-care power brokers: the federal Department of Health and Human Services, the American Medical Association and the offices of Gov. Jim Edgar. ADAPT claims that having personal, in-home attendants for the disabled costs $900 a month less in state funds than keeping them in nursing homes and other institutions. Illinois officials say the difference is only $600. But aside from financial concerns, ADAPT members say they’re fighting against inhumane restraint and abuse in nursing homes. Their strategy is to make the able-bodied feel as uncomfortable and limited as they themselves do—and to grab as much media time as possible. Television cameras were there Wednesday when bands of wheelchair users mobbed workers trying to use an escalator in the State of Illinois Center. And they were there Tuesday when protesters crawled out of their wheelchairs, across Grand Avenue and over foot-high curbs outside of the American Medical Association’s national headquarters. “This makes us visible," said Jean Stewart, a 42-year-old novelist from New York, who has used a wheelchair since she lost her hip muscle because of a tumor about 17 years ago. “And it enables us to get our message across. It’s not a publicity stunt, it’s education.” The group’s history is rife with attention-grabbing acts of protest after talks with officials were unsuccessful and full of what they feel is noteworthy success. The end result of the Denver protests, said Wade Blank, a founding member of the group, was one of the most accessible cities for disabled people in this country. Three years ago, a handful of ADAPT members were arrested for blocking a Chicago Transit Authority bus with their motorized wheelchairs. But two results of those efforts, they feel, were CTA purchase of buses with wheelchair lifts and even the passage of the federal Americans with Disabilities Act. ADAPT members say they are disrupting business as usual because they are shut out of offices where politicians and association presidents could be sitting down to discuss the issue. And they are trapping members of the public to demonstrate how they feel trapped and restrained. “For so long the issues surrounding disability have remained invisible,” said Stephanie Thomas, who lost her ability to walk when she was run over by a tractor 17 years ago. “So we have to do some extraordinary things to make people pay attention.” Wednesday’s protest, which came after U.S. District Judge Milton Shadur refused to order a lessening of security measures at the state’s Chicago headquarters, left police and Department of Central Management Services security officers snapping only at each other, even after the protest turned ugly. “I have to get to an appointment!" yelled one middle-age man as he wrestled on the ground with two protesters who had grabbed his legs and, in the process, had been pulled out of their wheelchairs. “This is what it feels like to be trapped in a nursing home!” yelled one protester. The man finally struggled free and hustled out of the building while Chicago and Central Management Services police watched from only a few feet away. “We’re sorely disappointed with the Chicago Police Department,” said Central Management Services Director Stephen Schnorf. “Certainly they provided better protection to the other buildings where there were protests this week.” But Chicago Police Cmdr. Michael Malone said the state was in control and his officers were just there to back them up. He said the state was misrepresenting the agreement between the two departments. And all that consternation was caused by a group that claims to be loosely organized and barely funded ADAPT, which has about 5,000 members nationwide, has very little formal correspondence, aside from a newspaper called Incitement and a rare memo, Blank said members keep in touch through word of mouth more than anything, and most of them support their travels through small fundraisers. But though the group says most of its day-to-day procedures are hardly sophisticated, ADAPT leaders are extremely skilled in using the media, say some who have watched the group’s protests first-hand. Sonya Snyder, public relations director at a Florida hotel where ADAPT demonstrated against the American Health Care Association last October, said the protesters only became rambunctious when television cameras appeared. “For most of the time, the police and the protesters would share sandwiches,” Snyder said. “But when the media came, down went the sandwiches and up went the protest.” And Janice Wolfe, a spokeswoman for the health care association, said the group’s efforts are “frustrating and misdirected. Their efforts could be better spent on individuals who are in power to do something.” ADAPT members view their protests as grand displays of strength, not pitiful appeals. They speak of their demonstration plans as though they are plotting battle strategy, using words like “identified enemy,” “privileged information” and "top secret." They pattern their protests after the civil rights demonstrations of the 1960s and compare themselves to the black leaders of that era “This is just like Martin Luther King,” ADAPT member Bernard Baker from Atlanta “We’re fired up, and we can’t take it anymore."
ADAPT (697)
The Orlando Sentinel, Saturday, September 7, 1991 Title: Disabled plan to demonstrate at convention The Orange Sheriffs Office is preparing for a showdown when nursing home operators and activists in wheelchairs show up next month. By Christopher Quinn of the Sentinel Staff The stage has been set for a wild showdown next month in Orlando among nursing home operators, deputy sheriffs and hundreds of wheelchair-bound protesters, some on respirators. The activists, whose tactics include chaining themselves to buildings to halt conventions, want fewer people kept in nursing homes and more money devoted to caring for the disabled at home. They are members of Denver-based American Disabled for Attendant Programs Today, or ADAPT. They plan to demonstrate at next month’s convention of the American Health Care Association at the Orange County‘ Convention and Civic Center. The association represents nursing home operators. If ADAPT members break the law during their protests — as they have in cities across the country — the Orange County Sheriff's Office plans to arrest them, possibly filling the county jail with people who require medical help. “Their aim is to be arrested," said Sgt. Jon Swanson, head of the Sheriffs Office intelligence unit. “Their whole tactic is confrontation.” ‘lt’s going to cost a lot of taxpayer money’ The Sheriff's Office will have to pay overtime to keep crowd and riot control squads on hand 24 hours a day during the four-day convention that begins Oct 6. “It's going to cost a lot of money, a lot of taxpayer money,“ Swanson said. An ADAPT newsletter about the planned protest says "Mickey Mouse and AHCA will never be the same after ADAPT travels to the tourist capital of the US." The newsletter boasts of how the group disrupted a speech by Health and Human Services Secretary Louis Sullivan earlier this year. Barbara Guthrie, an ADAPT organizer, said in an interview Friday that members are non-violent people willing to go to jail for their beliefs. “We'll push for arrest" she said. "There's thousands of people in nursing homes that don't need to be there.” Guthrie said ADAPT’s goal is for Medicaid to redirect 25 percent of its $23 billion nursing home budget to home care for the disabled. Guthrie-said she is confined to a wheelchair but is able to live at home because she gets a little help day getting dressed. Linda Keegan, a vice president for the nursing home association, said ADAPT does not seem interested in compromise. “What they're looking for is attention," Keegan said, adding that her group has met with ADAPT leaders twice this year to map out an agreement but that ADAPT continued to protest at meetings. “I really don’t believe what they’re looking for is to work anything out!" Keegan said the association's immediate concern is safety at the convention. She said she would not be surprised if ADAPT tried to block all the entrances at the mammoth building. They're pretty good," she said. Most of the 3,500 people attending the convention will stay at the Peabody Hotel across from the convention center on south International Drive. Swanson said ADAPT has reserved 80 rooms at the Clarion Plaza Hotel at the Convention Center just up the street. The group expects more than 300 members. In cities across the country ADAPT has blocked meetings, disrupted meetings and shut down offices as it sought to reach its goals. Last May in Washington, activists— more than 100 in wheelchairs — blocked entrances to the headquarters of the Health and Human Services Department to protest nursing homes. Some ADAPT members discarded their wheelchairs and crutches and tried to get past a police line securing the building. Some crawled under parked police cars and tried to squeeze past the legs of police officers in front of the entrances. Sheriff's crowd control officers will be trained in the next few weeks on how to arrest protesting quadriplegics and other disabled people without hurting them, Swanson said. Deputies might even find themselves under attack. Swanson said that in other cities, ADAPT members have formed wheelchair lines and rushed police barricades. Unless the ADAPT members were charged with felonies, which is unlikely, they would be processed through the county jail and released within a few hours. The jail, the state's most crowded, is under court order to release people accused of most non-violent crimes. Ed Hoyle, an assistant jail director, said if the protesters were arrested a second time, they probably would be held for a court appearance. The jail will have emergency medical workers on hand. For the protesters, the Orlando visit will not be all business. The ADAPT flier says, "There will be time at the end of the actions to play at Disney World and Epcot Center."
ADAPT (690)
The Orlando Sentinel Local & state B TUESDAY, October 8, 1991 [This clipping contains two articles. Artilce 1, titled Q & A is a boxed insert. It is continued on a page that are not currently available. Article 2 continues in ADAPT 686 but the entire text of the article is included here for easier reading.] Main Title: Disabled protesters refuse to attend talks Article 1 - Title: Q&A no author given; Lauren Ritchie is interviewer. Mike Auberger discusses why the group of disabled people that he helped organize is protesting the meeting of the American Health Care Association. Auberger was interviewed Monday from his cell at the Orange County Jail by Lauren Ritchie. Question: Why is ADAPT targeting nursing home operators? Answer: The nursing home industry is a $50 billion a year organization. lf you happen to be 30 years old and disabled and live, say, in Ocala —— and there are no personal assistance programs — than you're forced into a nursing home simply because you have physical needs you can't take care of yourself. Q: Why, from your perspective, is that bad? A: If you've ever talked to anybody who's been in a nursing home, the only difference between there and jail is the color of the uniforms. The jail uses guns to keep you there; the nursing home uses pills. You have no choice about when you get up, what you wear, what you eat or don't eat and when you go to bed. When we talk about nursing homes, we talk in terms of incarceration. You never escape from a nursing home. lf you are older and disabled, you could be forced to sell your home, forced to give up everything. The issue is quality of life. Most people can be taken care of in their own homes. Q: Why does ADAPT focus on nursing homes rather than the federal goverment? A: Under the Medicaid program, each state is required to participate in nursing home funding [for the disabled]. Every time a state does a budget it has to identify a certain amount of dollars for nursing homes. If you ... please see Q & A, B-4 Article 2 Photo by Red Huber/Sentinel: The picture is divided almost down the middle by a line of police barricades. On the left side a row of uniformed police officers stand leaning forward, arms stiff, holding the barricades in place. On the right a line of ADAPT protesters (San Anontio Fuentes closest to the camera) face off with the police. Behind them several standing people look on. Caption: A steel barricade and a line of Orange County deputy sheriffs prevent protesters from reaching the doors at the convention center. Title: Deputies expect the protests will grow worse when famous speakers address the convention. By Mary Brooks, of the Sentinel Staff Disabled activists demonstrating at a convention of nursing home operators rejected an offer to meet with industry leaders Monday, calling it a ploy to end their protest. But a spokeswoman for the American Health Care Association, which is playing host to 3,500 people at its annual conference in Orlando, said members of ADAPT -- Americans Disabled for Attendant Programs - seemed more interested in drawing television cameras than in drawing up an agreement at a discussion table. Activists say they plan to continue trying to block entrances to the Orange County Convention and Civic Center until the conference ends Thursday. Deputies expect the worst will come during the visits of the convention's noted speakers. This morning, Red Cross president Elizabeth Dole will address the convention. Television weatherman Willard Scott is scheduled to speak Wednesday. In their second day of demonstrations Monday; about 120 ADAPT members clustered near the three main entrances to the convention center on International Drive. They were barred from approaching the center doors by portable steel fences and 130 Orange County deputy sheriffs. "In the past they've blocked entrances with chains. We want to prevent that," said sheriff's spokesman Cpl. Doug Sarubbi. “They have a right to be here, but the conference attendees have a right to be here. too." Two protesters were arrested late Monday after they refused to stop using a loudspeaker. The protesters, many of them in wheelchairs and a few with guide dogs, sang, chanted and shouted at convention-goers. Tension mounted for several minutes when some of the disabled rammed their wheelchairs into the barricades. There were no injuries. Organizers said the 74 protesters arrested in clashes with deputies on Sunday at the Peabody Hotel on International Drive would not post bond and would remain in the Orange County Jail. Pat Hasley, a hotel security guard who suffered a heart attack during Sunday’s demonstration, was in stable condition Monday at Sand Lake Hospital. Denver-based ADAPT wants Medicaid to funnel 25 percent of the $23 billion nursing home budget to home care for the disabled. The group also wants the chance to address convention participants. “Right now, if you're disabled and need medical services and can’t afford it, they’re going to lock you up" in a nursing home, said Stephanie Thomas, an ADAPT organizer. Demonstrators claimed that 1.6 million disabled people in nursing homes really shouldn’t be there. “We don’t think the extreme needs of a very small percentage should dictate where all the money goes,” said Molly Blank, an organizer from Denver. During about four hours of protest Monday, some convention-goers stood outside the center to watch. Ralph Frasca of Cedar Falls, Iowa, and Mary Scheider of Joliet, Ill., were among a few who ventured over to talk to the demonstrators. “They have a legitimate grievance,” Scheider said. “The main issue is at-home care, diverting funding from institutional care to home care. The funding system now is skewed toward institutional care." Frasca, a journalism professor at the University of Northern lowa, said many convention participants were tumed off by ADAPT’s approach. “The discussion thus far has not centered around issues but rather the sensationalism of the event. I think a non confrontational, peaceful dialogue should be taking place." Linda Keegan, a spokeswoman for the American Health Care Association, said the demonstration did not disturb the convention activities. She said ADAPT had not contacted the association about a meeting or about getting time on the convention agenda before Sunday. She said the health care association’s executive board has met with the group twice this year, each meeting ending in chaos. “We made a commitment to meet. They made a commitment to protest.” The association proposed on Monday to meet with ADAPT on Thursday under the condition that the activists stop protesting. “We don't think that is a good faith offer," said Thomas. The Sheriffs Office and the jail had made extensive preparations for handling the disabled protesters, including special training and added staff. Sarubbi said the Sheriff's Office would not know what the cost would be until the demonstrations are over. Ed Royal, an Orange County Jail administrator, said volunteers from jail ministries were helping to defray some of the costs of handling the disabled inmates. The jail also had to get foam mattresses, diapers, chargers for wheelchair batteries, and other special equipment. The problems of caring for the protesters are many, Royal said. Staff and volunteers had to document and administer medication, and to help inmates relieve, bathe and feed themselves. Jail officials were able to make trades for some supplies with hospitals, but other materials had to be bought. Monday morning, 37 jailed activists began refusing food and liquids and another 10 would not eat but were drinking. Medical staff were monitoring the hunger strikers and were prepared to take them to hospitals if needed, said Royal. On its lawyers’ advice, the corrections department has been videotaping the disabled inmates since their arrival. "They have a history of saying they were mistreated while in custody, so we're taking no chances," said Royal.
ADAPT (684)
The Orlando Sentinel, Thursday October 10, 1991 the best newspaper in Florida PHOTO by Phelan M Ebenhack/Sentinel: Three people (left to right: Frank Lozano, Bunnie Andrews? and Sue Davis) are standing in front of a wall. On the wall a cross with "Nursing Homes Kill" written on it is partially visable, as is the ADAPT flag (an American Flag with the stars arranged to form the wheelchair/access logo). The three are lifting up an old fashioned folding E & J manual wheelchair to hang it on the cross. Frank, who is blind and wears a headband and T-shirt with ADAPT on them, has his hand raised. Caption reads: Frank Lozano and Bunnie Andrews, both of Colorado Springs, and Sue Davis of Louisville, Ky., chain a wheelchair to a cross marked ‘Nursing Homes Kill.‘ Title: Disabled saw their message on many faces by Sharon McBreen of the Sentinel Staff Protesters say they made their message clear this week after 250 activists in wheelchairs converged on Orlando. “It’s almost as though they never felt it before we've gotten in their faces,” Diane Coleman said. “You can feel the impact of that. You can see it in their eyes." The members of ADAPT — Americans Disabled for Attendant Programs Today — carried a message to the American Health Care Association, which attracted 3,500 delegates to a convention this week at the Peabody Hotel. ADAPT membels want an alternative to nursing home care. And they want to live at home. During the convention, which ends today, ADAPT members tried to block the Peabody’s doors with their bodies and wheelchairs. Police arrested 75 protesters on trespassing charges. The group wants a fourth of the $23 billion Medicaid spends on nursing homes and other institutions transferred to at-home care. “We need to reach the `rank`-and-file members of AHCA and the American public," Coleman of Tennessee said at a Wednesday news conference. At least one convention delegate said he wanted to hear more, she said. Nursing home association representatives have asked ADAPT members to meet with them. But what the activists really want is a national policy giving the disabled a choice, said Mark Johnson of Atlanta. Johnson said the nursing home industry doesn't want to allow the disabled to live at home, because it would lose out on the Medicaid money they receive. Wednesday night's news conference had to be moved from the front of the Orange County Convention and Civic Center to a room in the Clarion Plaza Hotel because police threatened to arrest them, one of the organizers said. Orange County sheriff's spokesman Doug Sarubbi denied that. He said an agreement reached with the judge who released the protesters from jail prohibited them from trespassing on Peabody Hotel property. Sarubbi said the Sheriff's Office was tabulating the time and money — estimated at least $100,000 —- it spent on the protest.
ADAPT (634)
This Brain Has A Mouth (The Mouth) Jan/Feb 1991 PHOTO by Gary Bosworth: A small neat looking white woman in a motorized wheelchair, Cindy from Mass., sits in a revolving doorway. Wrapped loosely around her shoulder, wheelchair and the door frame is a long metal chain. She has a poster sign across her legs, but in the photo it is too dark to read. On her left side and slightly in front and partially in the picture, another small neat looking woman in dark sunglasses, Lillibeth Navarro, sits in her chair and appears to be talking over her shoulder. Below the picture is a text box that reads: In March of 1990, 104 members of ADAPT were arrested in the Capitol Rotunda for lobbying the old-fashioned way — with their stubborn bodies and loud mouths. Four months later President Bush sent a personal invitation to every one of those arrestees to attend the ceremonies at the signing of the Americans with Disabilities Act in the White House Rose Garden. ANGER can make you a hero, or put you in jail, or both. written and photographed by Gary Bosworth. I was one of 200 people with disabilities who converged on Atlanta three months after the historic ADA was signed, to raise the banner of ADAPT’s new demand: a clear-cut national policy on attendant service programs. The lack of basic attendant services keeps one million disabled Americans imprisoned in nursing homes when they could be full-fledged, contributing members of society. While it costs $30,000 a year to keep one of us in a nursing home, the cost of providing attendant care services for the same person is $4,000 to $6,000 a year. In an ever-deepening federal budget crisis, ADAPT’s simple proposal will cost not a single penny, but simply redirect 25% of the funds currently spent on nursing home care. Attendant services in fact save money and cut the deficit by allowing all Americans — not just the able-bodied — to be productive workers, taxpayers. October’s action for disability rights at Morehouse College in Atlanta was the national kickoff for this vital issue. Morehouse College’s most famous graduate is Martin Luther King, Jr. Our protest there followed in King's grand tradition of non-violent passive civil disobedience. Morehouse College is also the alma mater of U.S. Secretary of Health and Human Services, Louis Sullivan — the man with the power to push for a new national policy on attendant services. ADAPT had written to Secretary Sullivan months in advance, asking for a meeting. Sullivan was scheduled to be in Atlanta the week before. ADAPT asked for an hour of his time. Sullivan did not respond. More than fifty of ADAPT’s demonstrators took over the President's office at Morehouse College for the night of October 1st. A young boy saw news of our protests on TV that evening. He stayed up late into the night to make a sandwich for each demonstrator, pack each sandwich into a bag, and write on every bag: "You are my Hero." The boy and his mother delivered those hero sandwiches to the demonstrators the next morning. When we returned from the college, street vendors along the route stood up and applauded our wheelchair parade. At another protest in Decatur, Georgia, traffic stopped several times on a four-lane highway while the drivers honked their horns in support of the issues we raised. On October 3, we forced the issue further, blockading the doors of the Federal Building. [See photos...] During the four hours it took for the police to arrest 64 people with disabilities who were blocking the entrance, one police officer took a break to speak with a woman in a wheelchair who waited to be loaded onto the arrest bus. The cop said that his wife had just suffered a stroke. Because there is no attendant services program in Georgia, he expected to see his wife go into a nursing home — against both their wishes — within the next six months. The woman he had arrested told him that's why she was demonstrating: to speak for people like his wife who couldn’t speak out themselves. After the woman was loaded onto the arrest bus, the policeman asked to hold her hand. She reached out the window. He took her hand. Then he cried. Please, let us all put our anger into action and speak out for attendant services. Whatever happens — jail or heroism or both — we're going all the way. PHOTO by Gary Bosworth: A group of about 7 protesters, all but one in wheelchairs, stand in front of the mirror glass walls and front door of a building. One person standing and one person in a wheelchair hold a giant ADAPT flag behind a man in a wheelchair giving the power fist. Bob Kafka is sitting behind the flag and Cindy from Boston and another wheelchair user hold the end of the flag. The end Gary Bosworth has been active in disability rights for 8 years, is co-founder of Desert Access of Palm Springs, California, and member of the Board of Directors of Southern California ADAPT.
ADAPT (628)
Edition USA/Colorado ADAPT seeks home care for all by Kerri S. Smith A national disabled persons’ advocacy organization based in Denver has launched a campaign aimed at moving people from nursing homes to home care. American Disabled for Attendant Programs Today (ADAPT) has at short-term goal: to re-direct 25 percent on the government's annual nursing home care budget. That money—estimated at $5.5 billion federal money and $5.5 billion from state coffers-would fund a national home care program instead. Under the ADAPT proposal, nursing home residents whose care is covered by Medicare or Medicaid could live at home. The government would pay home are attendants to care for them, rather than paying the facility. ADAPT spokesperson Mike Auberger said the group seeks “the ultimate demise of the nursing home system," and contends that paying an attendant to provide home care for a person usually costs less than nursing home care. In theory, the ADAPT plan would spend government money more efficiently-the same money would be used to care for more people who need assistance. The government is not enthusiastic about the idea, and a local nursing home industry spokesperson said ADAPT's demands are unrealistic. Auberger said Health and Human Services secretary Louis Sullivan declined to meet with ADAPT representatives. "We've been going back and forth with them, and the outcome is he doesn't meet with radical groups," Auberger said. And Arlene Linton, executive director of the Colorado Health Care Association (CHCA), said moving nursing home residents out of facilities “would isolate many of them from the community. “They'd also be without the 24-hour-care and rehabilitative services provided in nursing homes," Linton said. CHCA is the local branch of the American Health Care Association, which represents the nursing home industry. Linton added that ADAPT "is talking dollars, not people. Some residents have outlived their family and friends, and need the support a nursing home offers." A national campaign to publicize ADAPT's proposal began Jan. 15. Members demonstrated at government offices (including Health Care Financing Administration offices) and nursing homes in 24 cities. Auberger said media coverage was minimal, due to the Persian Gulf Crisis. Locally, ADAPT representatives demonstrated in Lakewood at Bethany Care Center. In the mid-'70s, the facility was operated by different owners and was known as Heritage House. Conditions at that time sparked a 13-year lawsuit over nursing home residents’ rights. The Federal Omnibus Reconciliation Act (OBRA) of 1988 also addressed quality of life issues for nursing home residents. The bill became effective Oct. 1, 1990. ln 1974, former Heritage House residents joined with Denverite Wade Blank and others to form the Atlantis Community, a local home care agency that currently cares for 135 people in Denver and Colorado Springs. Later, Atlantis Community leaders founded ADAPT. The group mobilized the civil rights movement for disabled persons, and ultimately affected the way nursing homes are inspected and regulated nationally. Auberger claims many current nursing home patients don't require intensive medical care, and "end up there only because they're out of money or their families can't care for them." Linton said CHCA met with ADAPT representatives twice to discuss the attendant proposal, "but they rejected our request to form a task force to find common ground." While Linton endorses home care as “a part of the long-term care continuum," she called the ADAPT proposal “robbing Peter to pay Paul. "We cannot support the concept of lowering funding for nursing home patients, to set up another funding to attendant services," Linton said. “We need new, additional funding for that." Recent federal budget cuts may make additional funding unlikely, at least in the near future. Atlantis and ADAPT are determined, however, and they are prepared for a long campaign.
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Atlanta Journal Constitution Disabled end protest siege at Morehouse By Ben Smith III, Staff writer (This story continues on ADAPT 630 but the entire text is included here for ease of reading.) PHOTO (by Dianne Laakso/Staff): A medium close up of a glass doorway framed in metal. Slightly opened you can see through the opening and the glass a woman (Julie Nolan) in a manual wheelchair seated and blocking the door. She is looking out a far away look in her eye and one arm rests on the inside push handle of the door, while her other strong hand is spread on her leg. She is wearing a teal T-shit and jeans. The writing in her T-shirt is partially obscured by folds and by the door frame but you can make out what appears to be "EQUAL ACCESS NOW" and around these words what appears to be a circle saying "Cape Organization for [Rights of the Disabled]. Disabled activists ended their occupation of a Morehouse College administration building today, leaving with what they said was a statement from the college saying it sympathized with the group’s concerns. About 50 members of ADAPT, or American Disabled for Attendant Programs Today, left the building carrying a statement written on Morehouse President Leroy Keith's stationery. But the statement was not signed or read by any college official, and college officials refused to comment or come out of the building. Meanwhile, another group of disabled activists continued their protest against the nursing home industry and the federal government’s policies on the disabled by barricading the Georgia Health Care Association’s (GHCA) office in Decatur. More than 75 protesters in wheelchairs blocked the entrances and driveways of the GHCA’s headquarters on Memorial Drive early this afternoon, trapping six people in the office. The protesters delivered their demands to GHCA executive vice president Fred Watson, who refused to honor them. The protesters were demanding that Mr. Watson fax a list of their demands to the American Health Care Association, with which the Georgia organization is affiliated. The demands included redirection of federal and state money away from nursing homes to home care. Mr. Watson said, “I’ll send a letter, but not right now.” DeKalb County police who arrived at the scene said they have no plans to arrest the demonstrators. “That’s the last thing we want to do," said Lt. J.W. Austin. “We’re stuck between a rock and a hard place." The disabled activists had occupied the Morehouse College administration building for a day and a half. About 200 demonstrators had taken over Gloster Hall on the Morehouse campus in southwest Atlanta and barricaded the president's office Monday. David Veatch, 24, a Utica, N.Y., member of ADAPT, said, “We are going to let them know that the nursing home lobby needs to reform. We're talking to our captors about our rights.” Earlier, ADAPT members said they wanted Dr. Keith to write a letter to Health and Human Services Secretary Louis Sullivan, asking him to support the organization's position and meet with group members sometime in the near future. But Dr. Keith said he would not write or sign such a letter. “We have no business intervening in this situation where we have no authority," he said. ADAPT wants the federal government to redirect 25 percent of the Medicaid budget from nursing homes to home care. Mr. Veatch estimated the total federal budget for the disabled at more than $17.5 billion. Protesters argue that shifting federal funds to home care for the disabled is more humane and more cost-efficient. Michael Auberger, an ADAPT co-founder, estimated that 250,000 disabled people are being held in nursing homes against their will.” He said that redirecting funds to home care could aid an additional 150,000 disabled people. Mr. Veatch said it costs $30,000 a year to house a disabled person in a nursing home and only $6,000 to $8,000 to care for them at home. “But handicapped continue to be housed in nursing homes," Mr. Veatch said, because we don’t have to deal with the fact that we don’t have accessible communities or accessible buses if we lock them up.” “The ghetto in Soweto is no different than a nursing home,” Mr. Auberger said. You’re locked in there. You don’t have the freedom to leave. You don’t have a choice of what you eat, what time you go to bed or what time you get up. Your freedoms are so restricted that you’re better off being in the Fulton County Jail.” 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," Mr. Auberger said. 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. Staff writer Lyle Harris and The Associated Press contributed to this report. PHOTO, by Johnny Crawford/Staff: A line of people in wheelchairs and dark ADAPT "no steps" T-Shirts head toward the camera, traveling along the side of a road. Beside them are parked cars and onlookers. In the front is Lee Jackson in a white ADAPT sweatshirt; he is being pushed by Babs Johnson. Behind them is Mike Auberger, with his leg extended out in front of him. Behind him is Clayton Jones, and next is Frank McComb being pushed by Lori Eastwood, and behind them faces become blurrier, but you can see Arthur Campbell. 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.
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Page 8-A EXPRESS-NEWS, San Antonio, Texas, Tuesday, February 14, 1939 [Headline] Federal court order could have impact on VIA budget Complied from Staff and Wire Reports INSERTED QUOTE: “ The impact of the majority‘s decision will be very substantial throughout the country and will interfere with the local decision-making authority. I feel the court is overreaching." - Judge Morton Greenberg PHILADELPHIA — A court order Monday requiring the US Department of Transportation to require transit authorities to equip new buses with wheelchair lifts could have a significant impact on the budget of San Antonio's VIA Metropolitan Transit. Attorneys who brought the lawsuit that led to the ruling called it the most important decision ever handed down for handicapped people needing public transportation. Carol Ketcherside, assistant for governmental affairs to VIA manager Wayne Cook, said the wheelchair lifts add at least $15,000 to the cost of a new bus. The average life-time of a VIA bus is 12 years, she said, and when the expense is spread across a fleet of 500 buses, the cost for lifts "would be significant." The $15,000 cost does not include the cost for maintaining the lifts or for refitting bus stops to make them accessible, she said. All bus stops being built by VIA currently are accessible, however. The 3rd U.S. Circuit Court of Appeals said Monday a Transportation Department regulation requiring all new buses to accommodate wheelchairs conflicts with another allowing communities to offer only an alternative service, such as special vans to the handicapped, which VIA offers. The court said a rule requiring reservations 24 hours in advance for use of the alternative transportation hinders the spontaneous use of mass transit by the handicapped. As a result, the court ordered transit authorities to make "reasonable accommodations to their programs, i.e. purchase wheelchair-accessible buses." The court also upheld a controversial decision requiring the Transportation Department to eliminate a cap on the amount of money transit authorities need to spend on making transportation accessible. A federal judge ordered VIA in 1985 to upgrade its services for the handicapped following a class action suit brought in 1983. The bus company's response was to create VIAtrans, a fleet of specially equipped vans that provide service to the handicapped who give advance notice. Ketcherside also said VIA already spends more than the 3 percent maximum the Transportation Department can require for its accessibility programs. "We far exceed the requirements of the federal government" she said. She said VIA will have to wait to see whether the Transportation Department will appeal the ruling or issue new regulations in accordance with the appeals court order to determine how it will affect the transit company. A coalition of disabled people and 12 organizations called Americans Disabled for Accessible Public Transportation (ADAPT) filed the lawsuit last year that led to the appeals court decision. ADAPT contended that a provision of the federal regulations allowed authorities receiving federal transportation funds to exclude the handicapped from "effective and meaningful" access. The provision allows transit authorities to decide among three types of handicapped-accessible transportation: accessible buses, vans for the handicapped, or combination of the two. U.S. District Judge Marvin Katz overturned the provision in cases where the transit authority buys any buses. He also overturned a regulation requiring authorities to spend no more than 3 percent -- of their average annual operating budget on transportation for the handicapped. Katz called the limit arbitrary and said it allowed transit agencies "to eviscerate the civil right" to transit service that Congress mandated for the handicapped. Circuit Judge Carol Las Mansmann in writing the 2-1 opinion also cited Congress' intent. "Congress wanted to provide the disabled with the capability to utilize mass transit to the 'maximum extent feasible.' The DOT has failed to show that requiring the future purchase of accessible buses oversteps this legislative intent." Mansmann wrote. In a dissenting opinion, Judge Morton Greenberg said the section requiring new buses to be accessible was not meant to apply to transit systems choosing paratransit system, such as special vans. He also [said] the 3 percent cap was not arbitrary. “ The impact of the majority‘s decision will be very substantial throughout the country and will interfere with the local decision-making authority," Greenberg wrote, "I feel the court is overreaching." Timothy Gold [Cook] who argued the case before the court, said the ruling was “a major, major victory for the handicapped community ... we can't say enough positve things about it." Gold [Cook], who is now director of the Washington-based National Disability Action Center, said he hoped the ruling would not be appealed in light of President Bush's recent comments about wanting to bring the handicapped into the mainstream."
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US NEWS AND WORLD REPORT Sept. 18, 1989 [This story appears in ADAPT 595, 590 and 602. It is included in its entirety here for ease of reading.] [Headline] Liberation day for the disabled by Joseph P. Shapiro Forty-three million will soon win basic civil-rights protections. Their growing movement has brushed aside the opposition and is changing America The day before the Senate passed historic legislation to protect the civil rights of disabled people, Mary Jane Owen got another rude reminder of the daily discrimination that faces people like her. Owen, a writer who is blind and uses a wheelchair, was lobbying senators for the disability-rights bill. But when she moved onto Constitution Avenue to go home, a taxi driver at curbside sped away rather than pick up a woman in a wheelchair. It is similar acts, repeated hundreds of thousands of times a day to the nation's 43 million disabled, that fueled an angry political movement that has brought the nation to a path-breaking moment. In a few weeks President Bush is expected to sign the Americans with Disabilities Act, a broad statement that will extend to the disabled the same protections against discrimination that were given to blacks and women in the 1960s and 1970s. The Senate passed the measure 76 to 8 last week, and the House is likely to approve it next month. The bill is a profound rethinking of how this country views disabled people, defined as anyone with a physical or mental impairment that "substantially limits" everyday living. For the first time, America is saying the biggest problem facing disabled people is not their own blindness, deafness or other physical condition but discrimination. The bill, says Senate sponsor Tom Harkin (D-Iowa), is "an emancipation proclamation for people with handicaps" that will fundamentally change their lives, getting more of them out of their homes and institutions and into full participation in society. Under the new law, restaurants, stores, hotels and theaters can no longer turn away a person with cerebral palsy, epilepsy, AIDS or any other disability. Employers would be prohibited from rejecting qualified workers just because they are disabled, and they would be required to fashion generally inexpensive modifications to the workplace to make it accessible to the disabled, such as putting a desk on blocks to raise it for a wheelchair user. It would also require that new buses be equipped with lifts so that wheelchair users could get on public transit. New buildings, or those undergoing major reconstruction, would have to be made accessible to disabled people, with elevators installed in shopping malls and new structures higher than two stories. Telephone companies would have to hire operators who could take a message typed by a deaf person on a Telecommunications Device for the Deaf (TDD) and then relay it orally to a hearing person on another phone. [Subheading] Cost of Access. Businesses, particularly small ones, are wary of the changes. John Sloan, president of the National Federation of Independent Business, complained that the bill will impose costly requirements on businesses" and is "so broadly written" that it is unclear how far, and to what expense, a business will have to go to avoid being open to a lawsuit. Sponsors of the bill said estimates that its implementation might cost billions of dollars were wildly exaggerated. Past experience shows they may be correct. When Congress in 1973 protected disabled people from discrimination by institutions that receive federal funding, North Carolina education officials estimated it would cost them $15 billion to make state university buildings accessible, says architect Ronald Mace of Barrier Free Environments. Instead, many changes were simple and cheap. To accommodate students in wheelchairs, classes were moved to ground floors rather than installing elevators to carry them to top floors. The cost so far has totaled $l5 million, says Mace. Similarly, a 1982 study for the Labor Department found that half the accommodations made in the workplace cost little or nothing. For example, it was easy for companies to change a wheelchair user's work hours to conform with the schedule of lift-equipped buses. Another 30 percent of the accommodations were achieved for between $100 and $500. That included such changes as giving a telephone head-set to a quadriplegic telephone operator. Despite the concerns of business groups, their opposition to a bill that would open them up to a new spate of lawsuits was surprisingly muted and not nearly as vociferous as their fight against the 1964 Civil Rights Act. For one thing, no one wanted to look like a bigot fighting a civil-rights bill, particularly one that was rushing through Congress. More important, businesses in the last few years have seen disabled people as a new source of labor and customers. “If they can get to the stores, business is going to increase" says the U.S. Chamber of Commerce‘s Nancy Fulco, who nonetheless lobbied to limit the rights bill's impact on business. [Subheading] Hidden Army. The mixed feelings of business groups underscored how disability rights is a civil-rights movement different from any other. Unlike the black and women's movements, disability-rights groups have never filled the streets with hundreds of thousands of marchers. Instead, the disability movement boasts “a hidden army,“ says former Representative Tony Coelho, who has epilepsy. Since a fifth of the nation's population has some form of disability, ranging from mental retardation to severe arthritis, Coelho argues, “disability impacts practically every family.“ Nowhere was that clearer than in Congress and the White House. where key supporters of the rights bill felt a particular need to win the bill‘s passage because they personally know about disabilities. Most important was President Bush, who has two sons with disabilities. Bush's strong statements in support of the bill during the 1988 campaign won him important support in the usually Democratic disability community. Nevertheless, the rights bill was in trouble until mid-June because of business fears about its cost. Then, on the day he left Congress, Coelho called Bush to ask him to renew his commitment to the bill. Within a few weeks, White House Chief of Staff John Sununu convened a strategy session with key senators to negotiate a compromise. That was easy to achieve once sponsors agreed to the White House request they drop the provision that would have allowed the disabled to sue for punitive damages if they were discriminated against. a provision that was the most opposed by business lobbies. From that moment, the compromise bill has been on a fast track. The success of the disability movement is extraordinary because it sprang up with little noise and little notice. One essential ingredient has been the growth of a new class consciousness among the disabled. Seventy-four percent of them feel they share a “common identity” with other disabled people, and 45 percent argue that they are “a minority in the same sense as are blacks and Hispanics,” according to a 1985 poll by Louis Harris & Associates. “All disabled people share one common experience—discrimination,” says Pat Wright of the Disability Rights, Education and Defense Fund. Often it is crude bigotry. In January, an airline employee in New York who resented having to help a 66-year-old double amputee board a plane instead threw him on a baggage dolly. A New Jersey private-zoo owner a few summers ago refused to admit children with Down syndrome to the monkey house because, he claimed, they upset his chimpanzees. It is that kind of outrage and countless more subtle discriminations that fueled the movement that now wants to change the image of the disabled. Many now reject the traditional attitudes of society that suggested their lives were tragic and pitiful. Many now loathe charitable appeals such as the annual Jerry Lewis Telethon that raised $42 million for the Muscular Dystrophy Association over Labor Day weekend. Such extravaganzas seek funds by emphasizing the most desperate cases. That kind of approach, activists say, suggests that disabled people are to be cared for and cannot be contributing members of society. “We don’t want to be dependent any more,” says Lex Friedan of the Institute for Rehabilitation and Research Foundation in Houston, who is a quadriplegic wheelchair user, the result of an automobile accident. “We want to be part of society in every way.” Such new attitudes reflect fundamental changes in the lives of disabled people. Since 1975, when federal law first ensured all disabled children access to schools, hundreds of thousands of disabled students have gotten a better education alongside nondisabled peers. Many grew frustrated after college, when they found there were few such protections to help once they tried to find jobs. A recent Census Bureau study concluded that the gap between the earnings of disabled and their nondisabled co-workers is growing. A disabled worker in 1987 made only 64 percent of what his nondisabled colleagues earned. In 1980, it was 77 percent. The 1985 Harris survey found that 70 percent of working-age disabled people were unemployed. Of those, two thirds said they wanted to work but were prevented from doing so because, among other reasons, they faced discrimination in hiring or lacked transportation. Those who do not work now collect federal disability and welfare checks, costing nearly $60 billion a year. “It doesn’t make sense to maintain people in a dependency state when those people want to be productive, tax-paying citizens,” argues Jay Rochlin of the President’s Committee on Employment of People with Disabilities. Although no one knows precisely how many millions of dollars could be saved by bringing the disabled fully into the work force, Sylvia Piper, an Ankeny, Iowa, mother, says she saved taxpayers $4.8 million by ignoring physicians who urged her to institutionalize her retarded son, Dan, when he was born. Instead, she kept him at home and sent him to public school with non-disabled children, the kind of role models who inspired him to get a job this summer. Dan, now 18, saved $800 from his pay as a drugstore stockroom worker. His first purchase was a gray bedroom rug, upon which he slept the night it arrived. The next morning he was ready for work early and announced, “I've got to work harder and make more money." Once again, says his delighted mother, Dan grew when faced with a challenge. The nation’s changing demographics have added to the urgency of meeting the needs of the disabled. By 1990, there will be 6.2 million elderly Americans with one or more basic disabilities, up from almost 5 million in 1984, according to estimates by the Urban Institute, a research organization. And the explosive growth of the number of those with AIDS and HIV infection has already added hundreds of thousands more disabled to the population. That is why AIDS-policy advocates teamed up with disability groups to make sure civil-rights guarantees under the bill also applied to those with AIDS. People with AIDS had won federal court rulings protecting them under existing disability-rights laws, which apply only to federally funded programs. The new bill will expand that protection to the private sector, so that people with AIDS and HIV infection cannot be fired from jobs or denied service in restaurants. [Subheading] Galvanizing Issue. Along with being better educated and more independent, the new generation of disabled people has become more politically sophisticated. Some 200 independent-living centers, which have sprung up since the 1970s to provide a mix of counseling and support services to severely disabled people, became bases of advocacy. One galvanizing issue came in the early 19805, when a Reagan administration anti-regulation effort tried to eliminate key federal protections that prohibit discrimination by any program or contractor receiving federal funds. Negotiating sessions over the regulation first brought then Vice President Bush face-to-face with Evan Kemp, who headed Ralph Nader’s Disability Rights Center. The regulation was never changed, in part because of Kemp’s advocacy and growing friendship with Bush. Last week, the President named Kemp, a member of the Equal Employment Opportunity Commission since 1987, to chair the civil-rights agency, which will handle job-discrimination cases brought under the new law. The disability-rights movement is distinctive, too, because it has never had a Martin Luther King or a Betty Friedan to lead it. Part of the reason is that there are hundreds of different disabilities. Nonetheless, disabled people, such as student protesters who last year gave Gallaudet University its first deaf president, I. King Jordan, are now adopting on a small scale the protest tactics of the civil-rights movement. Thirty members of American Disabled for Accessible Public Transportation, which uses tactics of civil disobedience, on Labor Day backed their wheelchairs against buses at the Los Angeles Greyhound terminal and disrupted busy holiday traffic in a protest for wheelchair lifts on buses. As the historic legislation was being debated, there was a curious twist. Watching with interest was a paraplegic visitor from Moscow, Ilya Zaslavski. He made history earlier this year when he won election to the new Soviet national legislature, the first person anywhere in the world to run as a disability candidate. Zaslavski watched the work of Congress and announced plans to introduce SDA—-a Soviets with Disabilities Act. INSERTED TEXT BOX: THE COST FACTOR Businesses are concerned about the costs imposed by the civil-rights bill: BUILDINGS: The cost of making accessible new buildings and those existing structures that are undergoing major renovations runs between 0 and 1 percent of building costs. TRANSIT: Changes required of bus and transit systems to help the disabled over the next 20 years might cost several hundred million dollars. PHONES: It will cost $250 million to $300 million a year to hire operators to work relay systems so deaf people can communicate with those who can hear, according to federal and AT&T estimates. INSERT: PHOTO (Roberta Barnes -- San Antonio Light): A line of people in wheelchairs diagonally crosses the picture. In the front Lonnie Smith Archuleta with his buff physique, in a T-Shirt with a medal-like imprint on the front, wheels his sports chair. Behind him a slight woman (Diane Coleman) with very thin arms and leg braces on her extended legs, rolls her power chair with a flag attached. She wears a straw hat, red ADAPT no steps T-shirt and long red skirt, across which she wears a sign reading "Gentler -n- kinder nation??" Behind her another woman in a power wheelchair (Linda Johnstone) wears a different red ADAPT T-shirt and a sign across her knees reads "We Need a Ride To Work." Behind her is another large woman in a wheelchair (Mary Kay Sanders) in dark sunglasses and a white dress; she carries a white parasol and appears to be chanting. Over the top of the parasol another sign (held by someone walking but obscured from view) written in calligraphy can be seen: "Access is a Civil Right." The line bends back and around out of view. Caption reads: Countless Frustrations. Angry protesters in San Antonio wheel through the streets to protest the lack of accessible public transportation.
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2/89 New York Times [Headline] Court Orders Buses Fitted for Handicapped PHILADELPHIA, Feb. 14 (AP) - A Federal appeals court ordered the Department of Transportation on Monday to require transit authorities around the country to equip new buses with wheelchair lifts. In its ruling, the United States Court of Appeals for the Third Circuit, in Philadelphia, said another Transportation Department regulation allowing communities to offer the handicapped services like special vans hindered the spontaneous use of mass transit by the disabled. The court also upheld a decision requiring the Transportation Department to eliminate a 3 percent limit on the amount of money transit authorities must spend to make transportation accessible. The lawsuit, filed by Americans Disabled for Accessible Public Transportation, a coalition of disabled people, and 12 organizations, attacked a provision of the Federal regulations on public transportation that allows local authorities to offer people in wheelchairs transportation in buses, special vans or a combination of the two. Judge Carol Los Mansmann of the appeals court, writing the 2-to-1 decision, said, "Congress wanted to provide the disabled with the capability to utilize mass transit to the ‘maximum extent feasible.'" Timothy M. Cook, director of the Washington-based National Disability Action Center, who argued the case before the court, said the ruling was "a major, major victory" for the handicapped. But a spokesman for transit agencies said the ruling did not address vexing problems. Albert Engelken, deputy executive director of the American Public Transit Association, said wheelchair lifts receive limited use where they exist and are an added expense to transit agencies at a time when Federal subsidies have been dwindling. Many local transportation officials declined comment on the ruling because they had not seen it. But Peter Dimond a spokesman for Massachusetts Bay Transportation Authority in Boston, said, "we have made a pledge that all buses we purchase in the future will be lift-equipped." It costs $15,000 to equip a bus with a wheelchair lift and buses cost about $200,000, according to Joaquin Bowman, a spokesman for the Southeastern Pennsylvania Transportation Authority.
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A-12 /The Houston Post/Wednesday, February 15, 1989 NATION & WORLD [Headline] Disabled hail ruling on bus access [Subheading] Court requires transit agencies to install wheelchair lifts ASSOCIATED PRESS PHILADELPHIA — Advocates for the disabled Tuesday hailed a federal court ruling requiring wheelchair lifts on new public buses, but a spokesman for transit agencies said the ruling doesn‘t address vexing problems. “We've been grappling with this for a long time," said Albert Engelken, deputy executive director of the American Public Transit Association in Washington. He said wheelchair lifts receive limited use where they exist and are an added expense to transit agencies at a time when federal subsidies are dwindling. A 3rd U.S. Circuit Court ol Appeals panel ruled 2-1 Monday that Congress has made its wishes on accessibility clear, and lift-equipped buses are part ol that mandate. The court ordered the Department of Transportation to rewrite a regulation allowing communities to offer alternative paratransit service, such as van rides. James D. Fornari, a New York City attorney for a group of veterans with spinal cord injuries, said the ruling will force transit systems to look for the most efficient means of serving disabled people. He said the ruling also could influence DOT regulations on light rail and commuter rail systems. Transportation department spokesman Bob Marx said DOT attorneys had not seen the decision and would not comment. Officials of Houston's Metropolitan Transit Authority also had not seen the decision, but MTA spokeswoman Carol Boudreaux said the authority would comply with any new regulations. Representatives of the disabled community in Houston lauded the ruling. “The disabled community is excited and we hope Alan Kiepper, manager of Houston Metro, hears this message from the courts and the disabled community. Access is a civil right," said Vicki Harris, executive director of the Center for Independent Living. Currently, Metro's MetroLift program provides scheduled curb-to-curb transportation for mentally or physically disabled persons who are unable to ride regular buses. Bob Kafka, an American Disabled for Accessible Public Transportation representative who joined Harris at a news conference, said he believed the cost of retrofitting buses with wheelchair lifts would be too costly, but said he hoped the ruling would force Metro to buy new buses with lifts. "Disabled people are part of this community, and they should have access to mainline transit," he said. Engelken said his association's board, which comprises the heads of transit agencies across the nation, believes agencies should be able to decide on a local basis how best to serve disabled people. lt costs $15,000 to equip a bus with a wheelchair lift, and buses cost about $200,000, said Joaquin Bowman, a spokesman for the Southeastern Pennsylvania Transportation Authority.
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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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Reno Gazette-Journal 5-2-89 Nevada [Headline] Handicapped protest expenses: $116,000 Last month's disturbances by handicapped activists at John Ascuaga’s Nugget and other locations in Sparks cost taxpayers at least $116,000, according to preliminary figures reported Monday. The estimates are from the Sparks Police Department, the Washoe County Sheriff's Office and Sparks - Municipal Court. About 75 members of the American Disabled for Accessible Public Transportation demonstrated outside the Nugget, where the American Public Transit Association was holding its Western regional meeting. The members of the Denver, Colo.-based group picketed to support their demands for more wheelchair ramps on public transportation. There were 72 arrest during nearly a week of protests. About half that number went to jail. Sparks police estimated their expenses in controlling the group at $79,275. The sheriff's Department, which runs the consolidated city-county jail, placed its costs at $34,164. Municipal Court Judge Donald Gladstone expects his costs will run about $3,000. Sparks City Manager Pat Thompson says the expenses can be paid out of contingency funds.
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St. Louis Post Dispatch, May 17, 1998 [Headline] No Arrests As Protest Continues By Victor VoIland and William C. Lhotka Of the Post-Dispatch Staff PHOTO by Jerry Naunheim Jr./Post Dispatch: Three people in wheelchairs sit in a line facing away from the camera and toward a line of men standing and facing those in wheelchairs. Behind the men standing is an ornate stone building. On the back of one of the wheelchairs is a poster that reads "Lifts = Buses For All." caption: Members of American Disabled for Accessible Public Transit facing a line of plainclothes police officers Monday in front of the Omni International Hotel at Union Station. About 50 protesters, half of them in wheelchairs, continued a peaceful demonstration at Union Station on Monday against a public transportation association meeting inside. No one was arrested. Meanwhile, 11 of 41 demonstrators arrested on Sunday filed a $2.5 million suit late Monday against the city and three police officers. The suit accuses officials at the City Workhouse of taking blood from those arrested against their objections. It also charges police with violating the protesters' right of free speech by refusing to allow them to talk to the press while they were in jail. The demonstrators, who belong to a group called American Disabled for Accessible Public Transit (ADAPT), are protesting the policies of the American Public Transit Association, which is holding a regional conference at the Omni Hotel at Union Station. The conference opened Saturday and continues through Wednesday. The ADAPT group wants the association of bus and train operators to adopt a national policy in support of equipping all public buses with wheelchair lifts. It has demonstrated against the association at its meetings for the last several years. Charges against 38 of the 41 arrested were dismissed Monday by Associate Circuit Judge Henry E. Autrey because authorities had failed to get warrants within the 20-hour period following arrest, as required by law. Three protesters were released on their own recognizance and ordered to appear Wednesday in the court of Judge Thomas C. Grady. They are charged in warrants with trespassing and disturbing the peace, both misdemeanors. George Kinsey, commissioner of adult correctional services, said it was standard procedure to take blood and perform tests on all prisoners entering the City Jail or Workhouse to screen for venereal diseases, tuberculosis and other communicable diseases. On Monday morning, remnants of the 150-member ADAPT group wheeled down Market Street from their rooms at the Holiday Inn Downtown to Union Station and the Omni and were met with a phalanx of uniformed and plainclothes police outside the main hotel entrance. Workers erected a makeshift barrier of concrete pylons and orange plastic fencing to separate the police line from the wheelchair protesters who drew up opposite. "I want Mr. Gilstrap to know he's got an angry parent out here and that I want the same human dignity afforded to my daughter that is given to an able-bodied person," one of the protesters, Cynthia Keelan of Phoenix, Ariz., barked through a battery-powered bullhorn. She was pushing her daughter, Jennifer, 7, who is crippled from congenital cerebral palsy. The girl is segregated and treated as a second-class citizen because she must use a wheelchair, her mother charged. Jack R. Gilstrap, executive vice president of the American Public Transit Association, declined to meet Monday with the protesters, who repeatedly chanted his name. Gilstrap told a reporter later that the association supported the idea of accessible public transportation for the elderly and handicapped. Implementing such access is difficult because President Ronald Reagan's administration has slashed the federal transit program by 47 percent since 1981, he said. He added that paratransit vans and buses — so-called dial-a-ride vehicles — are used much more frequently and are more cost efficient than buses equipped with wheelchair lifts. Gilstrap said that the Bi-State bus system in St. Louis offered both the dial-a-ride vans and lift-equipped buses. Tom Sturgess, a Bi-State spokesman, told the protesters that the system would have two-thirds of its buses equipped with lifts by next year. Lonnie Smith of Denver, one of the plaintiffs in the suit, said he was one of the first people to be subjected to a blood test at the city Workhouse after his arrest on Sunday. Showing a reporter the puncture on the inside of his left arm where the needle had been inserted, Smith said he had been told that he had no choice — that he would be held down unless he submitted to the blood test. end of article
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San Francisco September 30,1987 S.F. Independent PHOTO (right middle of page) by Rick Gerharter: At least nine wheelchair users (among them, Rick James, Stephanie Thomas, Woody Carlson, Cathy Thomas or Julie Farrar and others) fill the front of the frame blocking a bus with a sign with the APTA logo and Hotels written on it. Most of the blockers are facing toward the bus, away from the camera. Police stand on either side of the bus. Two protesters have Proud and Disabled bumper stickers on the backs of their wheelchairs. Caption: Disabled protesters blocked a SamTrans bus Monday at the American Public Transit Association convention taking place this week at Moscone Center. [Headline] Bitter Protests at Transit Meet By: Carol Farron [This story continues on a second page we do not have at this time.] Disabled people from throughout the United States are angry and have gathered in San Francisco this week to protest the lack of accessibility on public transit systems throughout the nation. The protesters are hoping to force transit officials who are convening at the annual meeting of the American Public Transit Association to change their thinking on transit accessibility for the disabled. APTA, public transit's biggest lobbying group, took the lead in the early 1980s in convincing Congress to overturn federal regulations allowing full transit accessibility for the disabled. What resulted from that decision was a "local option" plan. This allowed individual transit agencies to decide if they would provide accessibility for the disabled on fixed route service or an alternate van/taxi service. Many disabled `groups` are unhappy with that outcome, charging that the local option denies them their civil rights and impedes or prohibits their ability to attend school or hold down jobs because of a lack of transportation. Additionally, many disabled say that paratransit is a paternalistic system that segregates them from society, and users are made to feel helpless. APTA members contend that full accessibility is expensive and unworkable. They say that equipping buses and trains with lifts is too expensive given the number of disabled riders. The disabled, however, say that transit's estimates of disabled riders are low, and accessible transit can work as cities like Seattle, San Francisco and Denver have proven. More than 200 wheelchair bound men and women said last Saturday at a press conference that because the current regulations deny them their civil rights they came prepared to be arrested - and that they were. Thirty-four people, most in wheelchairs, were arrested at a City Hall protest last Sunday, and another 22 were arrested in for blocking a Samtrans bus at Moscone Center on Monday. Many more arrests are expected until the convention's conclusion this Thursday. "This is a militant bunch of protestors," said Jack Gilstrap, executive vice president of APTA. "These people terrified and roughed up some of our members at city hall. "Just because someone is in a wheelchair doesn't mean they're nice." Marilyn Golden of SAAT, the September Alliance for Accessible Transit, said her group is "far from militant." see Rides, page 2