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ADAPT (595)
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.
ADAPT (403)
The Riverfront Times, ST. LOUIS' LARGEST WEEKLY: 211,962 READERS EVERY WEEK! MAY 18-24, 1988 [This article continues in ADAPT 398, but the entire text is included here for easier reading] PHOTO: Three plain clothes policemen try to hold back a man in a motorized wheelchair (Ken Heard). One is behind Ken, one beside him holding the armrest and the third is in front bending forward trying to manipulate the driving mechanism that is on the footrest of Ken's wheelchair. (Ken drove his chair with his foot.) Ken is in shorts and an ADAPT shirt and wears a pony tail and head band, and he is leaning forward concentrating on trying to control his chair. A uniformed policeman looks on from behind or is possibly looking to help. On the right side of the photo, another man in a scooter (Tommy Malone from KY) is watching. Behind him is a set of glass doors and blocking one is a woman in a wheelchair (Barbara Guthrie of Colorado Springs). She is wearing dark glasses and a brimmed hat as well as her ADAPT shirt. title: Picket To Ride, Why the disabled take to the streets to get down the road by Joseph Schuster For most who want to take the bus, the biggest problem is finding exact change to drop into the fare box. But for disabled persons dependent on wheelchairs, the fare box is more a slot machine: Their chance of getting on a bus is frequently as unlikely as hitting the jackpot. The problem is an acute shortage of buses equipped with wheelchair lifts to get disabled passengers into the bus. In St. Louis, less than one-fourth of the 690 buses operated by Bi-State Development Agency are equipped with lifts; only half of those available lifts function. The story is the same in almost every city across the United States, and now disabled rights activists are pointing to the lack of accessible transportation as the most significant problem facing the disabled today. "In the past (disabled groups) placed education and employment programs high as a priority," says Mike Auberger, a leader and founder of American Disabled for Accessible Public Transit (ADAPT). "But we've always seen that as the biggest joke: 'Hire the handicapped.' You can give me a job, one that pays a good salary, but if I can't drive (because of a disability) and can't take a bus, there's no way in heaven you can hire me. It's been, 'Here, let's put this piece of the pie out here for you but not give you a way to reach it. The unemployment rate among disabled Americans is appallingly high. The most recent figures available for St. Louis are from the 1980 census, says Russ Signorino spokesman for the Missouri Division of Employment Security. [at this point in the article the first column is cut off on the left, slightly] According to that census, there were 119.000 [disa]bled St. Louisans. but only 48,000 were in [the] work force. says Signorino. Of the 71,000 of the labor force. 59.000 did not work [bec]ause their disability prevented them from [emp]loyment. The balance of 12,000 disabled [unclear]ons were so-called "discouraged workers." [Indi]viduals who had stopped looking for work [beca]use of various factors. ‘You're going to find a higher percentage of [disc]ouraged workers among the disabled (than [amo]ng the general population)." Signorino [said]. Nationally, less than one-third of the country's 13 million disabled are in the labor force, according to the Statistical Abstract of the United States 1986, the most recent edition to {unclear] information on the employment status of disabled Americans. Of those who are in the work force, almost {unclear]-fifth are unemployed. ("Discouraged" workers are not included in the work force; those who are unemployed. but looking for work. are.) This is compared, in the same year, with the able-bodied population of the country, which nearly 70 percent of 133 million persons were in the workforce and 9.6 percent of those were unemployed. The problem of lack of access to public transit brought Auberger and more than 100 other members of ADAPT to St. Louis this week to demonstrate at the annual meeting of Eastern region of the American Public Transit Authority [sic] (APTA), the industry's [principal] trade organization. ADAPT wants the transit industry to move toward what ADAPT calls "100 percent accessibility." That is every bus in the country would have wheelchair lifts. But APTA opposes that saying it is impractical and too expensive. It favors, instead, what is known as "local option." Each transit authority would decide how it would make public transportation accessible for the disabled, using either buses equipped with lifts, paratransit vans with lifts (the so-called dial-a-ride services, or a combination of the two. Right now, 18 percent of the nation's systems use lift-equipped buses exclusively, 44 percent use paratransit vans and the remainder — including St. Louis — use a combination. Nationally, according to APTA Deputy Executive Director Albert Engelken, one in three buses is lift-equipped. That is progress, Engelken says. In 1980, only about 11 percent of the nation's buses were lift-equipped. But for ADAPT and others in the disabled community, the progress is too slow. “I'm damned impatient," says Jim Tuscher, vice-president of programs for Paraquad, a St. Louis non-profit agency that serves disabled people. "I personally have been involved with Bi-State for well over 10 years, negotiating, trying to get an accessible transit system and today we still do not have an adequate system. Sure, their attitude is better now than it was 10 years ago, in that they are willing to cooperate with the disabled community. They had to be dragged, kicking and screaming into this. But I‘m a results person and so far I haven't seen any. I still can't go out to the corner and take a bus." Currently, 171 (24.8 percent) of Bi-State's 690 buses are equipped with wheelchair lifts. Tom Sturgess, the company's director of communication, says the system has a goal of 100 percent wheelchair accessibility, but getting there is a slow process. Later this summer, the number of lift-equipped buses will be increased to 238, but that will still mean that only one in three Bi-State buses can be used by a disabled person. Sturgess says Bi-State has notified its manufacturer that it will be buying another 60 lift-equipped buses sometime in the near future. Of the company's present 171 wheelchair lifts, only 85 (or just less than half) function. “We've had a lot of problems with them." says Sturgess. “The new buses we're getting will have a different kind of lift in them, one we think will work. Of those we have, we're in the process of repairing as many as we can, but some will never operate again. We're convinced it wouldn't be economically feasible to do so. The biggest problem is the salt they spread on the streets and highways. It sprays up into the lift mechanism, corrodes the wires and rusts the lifts.“ Because there are so few lift-equipped buses at present, only 16 to 18 of Bi-State's 129 routes have accessible buses, says Todd Plesko, Bi-State's director of service planning and scheduling. But not every bus that travels those routes has a lift. For example, on Bi