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Hem / Album / Tagg UMTA - Urban Mass Transit Admin. 11
Publiceringsdatum
ADAPT (120)
Rocky Mountain News [2 articles together] RTD won’t be bullied, Agency director asserts Contractors target of get-tough policy By JOSEPH B. VERRENGIA Rocky Mountain News Staff Writer Regional Transportation District officials say they want to send a message that RTD can't be bullied. So they're considering whether to sue several contractors and consultants that they believe performed unsatisfactory work on the 16th Street Mall. "RTD is famous for saying, ‘Who? Me?“ RTD general manager Ed Colby said. “Those days are over. We're going to be proactive. RTD is going to be accountable to the taxpayers." RTD sources said that among the firms the agency might challenge on the $70 million mall project were Hill International Inc., management consultants for the mall complex; Johnson-Hopson & Associates, architects of the Civic Center bus station at the east end of the mall; and B.B. Andersen Construction Co., general contractor for the station. Colby terminated Hill and Johnson-Hopson last month when he said they allowed construction work at Civic Center to stop or slow repeatedly while haggling over construction changes. He also made Andersen promise to finish Civic Center, at the intersection of Broadway and Colfax Avenue, by Oct. 25. RTD officials filed suit Tuesday in Denver District Court against Weaver Construction Co. of Denver and the I.M. Pei architectural firm of New York City for their work in designing and installing the mall's granite paving. Unforeseen flaws and cracks have appeared in an “unusually high" percentage of the mall's granite paving slabs, officials say. Replacement and repair of the slabs along the 13-block mall-could cost $2 million to $8 million, they say. Colby said RTD is “evaluating potential suits against other firms but would not name the likely targets. The granite-paving suit and the consideration of other suits is the first of many steps RTD will take to erase its reputation for being inefficient and irresponsible managers of major construction projects, he said. “RTD is going to stand up for its rights," Colby said. Civic Center, which is supposed to be open for passengers by early December, is at least eight months behind schedule. Its cost overruns, RTD officials said, are still being tabulated. If it sues the companies it hired to build the mall, RTD would continue a long tortured history of litigation that has plagued [? word hard to read] the project since 16th Street was first torn up four years ago. Those suits and settlements include: * A 1983 settlement with Weaver for $2 million for more than l00 construction changes as-well as the delivery of improperly cut granite. * A $14.1 million lawsuit by Beaudoin Construction Co. of Denver for delays and cost overruns on the Market Street bus station. * A $400,000 settlement last month with B.B. Andersen that included payment of union-level wages to Civic Center construction workers, despite a regulation to that effect on all federally funded construction projects. Federal transit administrators, who have cited the mall as an example of how transit can galvanize a downtown area, said they will demand that [realistic?] building materials be used in future projects and that they and be kept within budget. “We raised questions at the outset about the wisdom of granite," said Ralph Stanley; director of the-Urban Mass Transit Administration. “We are now requiring construction oversight in all federally funded projects and an independent review by our agency of projects costing $25 million and over. You can demand a degree of excellence," Stanley said. 2nd Article: Ribbon snipped for bus station at 1 Civic Center Photo Rocky Mountain News Staff Photo by Frank Kimmel: A lone man [Joe Carle] in a manual wheelchair, back to the camera, watches as groups of people in suits cluster on an open plaza. A long ribbon crosses in front of a bus and one group surround a man who appears to be cutting the ribbon. Caption reads: Protester Joe Carle watches bus station opening. By JOSEPH B. VERRENGIA Rocky Mountain News Staff Writer When the ceremonial ribbon was snipped and the yellow sash fluttered to the pavement, the beleaguered Civic Center bus station remained standing. And more than a few Regional Transportation District officials joined in a collective sigh of relief. “There have been a number of headaches (on the project),' RTD chairman Byron Johnson said Wednesday at the station's formal opening. “But we're not worried about the headaches from this day forward. We see this as a tremendous breakthrough." Buses were supposed to be pulling out of the $20 million station, located at the intersection of Broadway and Colfax Ave., in April. But hundreds of complicated construction changes and bitter negotiations between contractors and consultants delayed its opening by six months. Last month, RTD general manager Ed Colby fired the station's architect and management consultant when parts of the concrete building had been left unfinished for 14 months and others had been ripped out and replaced as many as four times. Colby and his assistants took over management of the station themselves and demanded that the exterior be ready for Wednesday's ceremony and the arrival of President Reagan's mass transit director, Ralph Stanley. Stanley used the occasion to announce $6.5 million in federal grants to RTD and the Denver Regional Council of Governments. His brief speech was picketed by 10 handicapped demonstrators. Some of the the demonstrators were arrested in Washington last week when they disrupted a national transit convention where Stanley as a featured guest. "When you're putting on a party, nobody likes a crasher," said Wade Blank, who organized the silent vigil. We're here to make a statement." Workers were, at the site until 10:30pm Tuesday scrubbing the bus turn around out front and planting 17 trees along the Broadway facade.
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Denver Post 1987/1989? PHOTO by Denver Post's Duane Howell: A man [Greg Buchanan] in a motorized wheelchair is being wheeled up a very steep ramp into a van. A uniformed policeman is pushing him up, and another man is standing behind them. Greg has a sign taped across his legs and on the side of his chair is a bumper sticker that reads "S.T.E.P.S. spells discrimination." Caption reads: ACCESS PROTEST: Police Capt. R.H. Kaspersen carts away Greg Buchanan, one of 26 wheelchair-bound protesters arrested Monday outside the entrance of the Radisson Hotel. RTD move to privatize bus routes praised: Transportation leader says city a step ahead. By Terry Kilewer Denver Post Stafl Writer Denver’s Regional Transportation District, which is contracting 20 percent of its service to private operators, may be a step ahead of other public transit systems with dwindling public money, delegates to a transit symposium were told Monday. Alfred DelliBovi, outgoing head of the Urban Mass Transportation Administration, praised Denver’s move to the forefront of privatization -- a trend toward government disengagement from transit that is catching on nationwide. RTD expects to save millions in future operating costs by farming out some bus routes to private companies, state Sen. Terry Considine, R-Cherry Hills Village, told an audience of 800 at the opening session of the two-day conference. Considine sponsored a bill last year to privatize a fifth of RTD's service. Now he wants to go even further by redirecting RTD tax revenues toward other transportation needs, notably a Denver encircling beltway. He said it’s time to reevaluate public transit, which is “21 times the tax cost per passenger-trip taken by private automobile." And he charged Gov Roy Romer with failing to “tackle the tough decisions that need to be made“ in state transportation legislation. A transit-and-highways bill Romer favored and Considine opposed died in the legislature last week. Romer disputed the senator's claims in remarks to the conference. Later, in an interview he said Considine is "out in left field" and out of step with his own political leadership on transportation issues. I agree you‘ve got to take advantage of all the savings you can. You've got to innovate with RTD; I signed (Considine’s) privatization bill last year. But more privatization won't take care of our highway problems." Considine and DelliBovi seemed in-step on privatization; though. The UMTA boss said the key to emerging federal policy in the public arena is "dwindling resources." During DelliBovi's two-year tenure at UMTA, the agency maintained the Reagan administration's bent toward frugal funding for transit construction and operations.
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Denver Post Thursday October 11, 1984 Photo by Damian Strohmeyer/Denver Post: In a wide open plaza with almost no one in it, a lone person sits in a motorized wheelchair, back to the camera. In the distance at the other side of the plaza is a city bus, and behind it a group of people stand in a cluster. On the back of the wheelchair there are several bumper stickers, including "Disabled but able to vote", "Bill Armstrong", something with diagonal stripes that is unreadable, and "Build ramps not steps" with a picture of person in a wheelchair doing a wheelie. Caption reads: Lee Jensen at the scene of the ribbon cutting that opened new RTD Broadway station. Eight disabled Denverites protested the opening. Official contends transit funds scarce by Judith Brimberg If metropolitan Denver wants federal help for something like light rail, it must come up with a combined highway-transit plan for improving transportation in the region, the head of the federal Urban Mass Transportation Administration said Wednesday. Even then, administrator Ralph Stanley acknowledged, officials would be better off to rely on local money and public/private partnerships to finance light rail or some other system of mass transit. In Denver for the opening of the turnaround facility at the Civic center shuttle station, Stanley said in the interview that the days of big federal money for such projects are past. Because of tight federal budgets, cities must rely on the income from the 1982 gasoline tax increase for new projects. The 1 cent dedicated to public transit amounts to 1.2 billion a year, only 400 million is for new transit projects nationwide. Noting that cities asking for $36 billion worth of projects are ahead of Denver, RTD board chairman Bryon Johnson said in a separate interview, “it’s clear we will have to do it with our own money. Waiting for federal money is like queuing up in a store that is running out of merchandise.” Stanley said if gasoline tax were raised again, more money would be available for new projects. But noting that the 5 cent a gallon tax barely got through Congress two years ago, he said he thought waiting for another increase in the near future would be a waste of time. There still is federal money available for construction projects, and Stanley announced Wednesday that RTD will get more than $6 million to plan and construct a new central shops facility. Buses now are repaired and painted in shops at the Alameda and Platte garages. RTD General Manager Ed Colby said the new centralized facility would have more sophisticated repair equipment.
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Dallas Times Herald, Saturday Nov. 24, 1984 [Headline] Wheelchair activist adopt radical tactics Los Angeles Times WASHINGTON — It was a scene reminiscent of the 1960s civii rights demonstrations as angry protesters chanted slogans, picketed the White House and stopped traffic before they were finally dragged away by police. And the series of confrontations that ended with 27 arrests last month all seemed to come down to a similar central issue —- the right to sit on a bus, to have full access to public transportation. There was one striking difference, however. Unlike Rosa Parks and the black civil rights activists who battered down the Jim Crow barriers in the South, these protesters were in wheelchairs, and their goal was equal access for the physically handicapped. "It's a civil right to be able to ride public transportation," says Julia Haraksin, a wheelchair-bound Los Angeles resident who participated in the demonstrations. Organizations representing handicapped persons long have urged Washington to require that all new buses and rail systems built with funds from the Department of Transportation's Urban Mass Transportation Administration be equipped to accommodate handicapped riders. But Haraksin and other handicapped individuals are beginning to press the old arguments with more radical tactics. Frustrated by years of negotiating, lobbying in Washington, going through the courts and staging non-confrontational protests, some handicapped activists now are resorting to confrontations and civil disobedience. Thus, early in October, 100 members of a newly formed coalition called American Disabled for Accessible Public Transit confronted a national meeting of city transportation heads here, using the kind of civil disobedience tactics used 20 years earlier by Dr. Martin Luther King Jr. Protesters were arrested when they blocked entrances and buses of those attending the American Public Transit Association convention. “The strategy was to physically be a barrier because handicapped people have to face barriers all their lives," Wade Blank, a founder of Denver-based ADAPT, said. Calling the protests here “our Selma," leaders of ADAPT claimed a public relations victory and promised their struggle has only begun. They already are focusing their efforts on what they hope will be a larger demonstration at the next meeting of the American Public Transportation Association a year from now in Los Angeles. But their cause may be in for a tough battle. Their opposition comes from the Reagan administration, from many city governments and even from within the handicapped community. And as public attention focuses on the underlying budget choices involved, the opposition may swell with the addition of taxpayers concerned about the possible costs of a national full-access program. ADAPT argues a legal right to full access for the handicapped already exists. Federal law states Urban Mass Transportation Administration funds — which account for about 80 percent of the costs of the equipment in most municipal transportation systems —- cannot be spent on programs that discriminate against, or exclude, the handicapped. The law does not make clear, however, whether handicapped persons must be provided with access to regular bus lines or whether they can instead be provided with alternative transportation systems. Nor does it indicate who should make that decision. Current Department of Transportation policy, which is strongly supported by the American Public Transportation Association, allows each city to make its own decision on what type of transportation it will provide for the handicapped. This is in sharp contrast with Carter administration policy, which in 1979 interpreted federal regulations to mean full access. Members of ADAPT, opposing the separate-but-equal philosophy, argue that paratransit does not meet the needs of the handlcapped and is inherently discriminatory. “lt segregates the disabled people trom the able-bodied community," Mike Auberger, an organizer for ADAPT, said. Because paratransit requires advanced scheduling, sometimes weeks before a ride is needed, he said, “you have to schedule your life according to the transit system." Transit authorities, on the other hand, argue full access can be too expensive, given the low percentage of handicapped riders in many cities. Lift-fitted buses cost an estimated $8,000 to $10,000 more than regular buses. Furthermore, lift systems are often unreliable and time-consuming to operate and maintain, authorities add. In Denver, for example, the transportation district has spent $6.3 million to purchase or retrofit buses with lifts, 80 percent of which was paid for by the federal government, according to spokesman Gene Towne. Since it started mainline access in 1982, the district has spent close to $1 million in maintenance of the lifts and expects to spend an additional $900,000 this year. Yet only 12,000 of the district's 38 million riders use the lifts, according to Towne. ADAPT counters the issue is not cost but civil liberties. "In America, we have a way of hiding our prejudices with pragmatism," said Blank, a Presbyterian minister and veteran of the civil rights and anti-war movements of the 1960s who now supports handicapped activists. Across the country, cities are using a variety of approaches to the problems of providing mass transit for the handicapped. ln Los Angeles, mainline access is required by state law. Although 1,850 of the Southern California Rapid Transit District's 2,400 buses are fitted with wheelchair lifts, some local advocates charge that broken lifts, drivers who do not know how to use the equipment or refuse to do so and an overall lack of commitment to providing access limits the system. [Bottom of the page is torn so missing text is included in brackets, as it is just a guess.] In Seattle, 570 of 1,100 buses serve the handicapped, providing about 5,900 rides a month. [The] Municipality of Metropolitan Seattle also contracts with groups to supply paratransit [vans] and half-fare cab service, [providing] 8,400 rides a month. In Denver, 432 of the [city's] buses are lift- or ramp-[equipped] providing more than 1,00[0 rides] per month. The city also [uses] vans and small buses in a transit system that provides [x number of] rides a month. None of Chicago's 2,400 [mainline] buses is fitted with lifts. [Instead] the city provides 42 [paratransit] buses, which offer 12,000 [rides per] month.
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Denver Post, Issues, 10/6/85, no page number [Headline] Transit leaders to face protests from disabled By Jack Farrar Special to the Denver Post The American Public Transit Association will run into some political street theater when it rolls into Los Angeles today for its annual meeting. Waiting for the group will be a militant cast of handicapped individuals, including members of a Denver organization called Atlantis, who want full accessibility to the nation's public transportation system. As APTA delegates convene at the Westin Bonaventure Hotel, more than 100 people in wheelchairs – members of the American Disabled for Accessible Public Transit – will be “marching” single-file from MacArthur Park, more than a mile away, to begin a week-long series of demonstrations. They won't have a parade permit. They haven't asked for one. Through such acts of civil disobedience, the demonstrators hope to force the APTA, public officials and the news media to think about what they consider to be the most pressing issue facing the handicapped: access to public transportation. One contingent of protesters will be led by Wade Blank, a 44-year-old Denverite who cut his activist teeth in the 1960s, marching with blacks in Alabama and peaceniks in Ohio. Access 'a right'[boldface] Blank is the founder and executive director of Atlantis, one of ADAPT's most militant member organizations. “Jobs and education don't mean much,” Blank argues, “if you can't take a bus to get there. Accessibility to public transportation – moving from one place to the other – should be a right, not just a consumer service.” For the past three years, ADAPT, largely under Blank's leadership, has demanded that APTA adopt total accessibility for the handicapped as an official policy rather than as an objective. Transit association officials have responded by citing numerous improvements made in service for the handicapped – improvements that the handicapped have applauded – and contends that total accessibility is financially impractical. “We have not ignored the handicapped,” says APTA Deputy Executive Director Albert Engelken. “Accessibility is a compelling issue. But total accessibility is an enormous undertaking, and with federal dollars shrinking, our resources are limited. In any case, it is not the role of an association like ours to establish policy.” Disabled activists, however, believe the costs of accessibility are distorted by the transportation industry. Moreover, they argue, the issue is civil rights, not economics. “Public transportation is a tax-supported system,” Blank says. “The handicapped pay taxes. It's as simple as that. How would the average taxpayer feel if he was denied access to a facility he paid for?” Long regarded as a quiet minority, disabled individual recently have added a more confrontational approach to their struggle for equality, and the man frequently in the front lines of that movement is Blank, whose long blond hair and granny glasses evoke the image of the 1960s activist. He encourages the handicapped to take to the streets when they feel their demands are being taken less than seriously. Members of Atlantis have made headlines locally and nationally with their tactics in Denver – chaining themselves to seats of fast food restaurants, occupying intersections that don't accommodate wheelchairs, and blocking the entrances to buildings with architectural barriers. Rules watered down [boldface] Progress in making public transportation available to the handicapped can be traced to the Urban Mass Transit Administration's adoption of Section 504 of the Rehabilitation Act in 1979. [sic] Section 504 generally made it illegal to exclude any individual, by reason of handicap, from any program receiving federal dollars. UMTA's regulations stated that all new buses purchased with federal money must include wheelchair lifts and aimed for 50 percent of peak-hour accessibility on regular bus routes. RTD standards strict [boldface] The Regional Transportation District in metropolitan Denver has adopted accessibility standards that are more stringent than required. Even after Section 504 regulations were softened in 1981, RTD's board chose to maintain its commitment to provide 50 percent peak-hour accessibility on all routes, and 100 percent off-peak accessibility. And RTD will soon become the first public transit system in the United States to introduce wheelchair lifts on its larger, regional commuter buses. Despite such advances, Blank will not be satisfied until disabled individuals throughout the United States can board and ride a bus whenever and wherever the able-bodied do the same. “We simply want APTA, as the association which speaks for the public transportation industry, to declare its intention to make the system accessible. We know it will take time. But isn't this the country that put a man on the moon?”
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THE CINCINNATI ENQUIRER Wednesday, May 21, 1986 [This article continues in ADAPT 245, but the entire text is included here for easier reading.] [Headline] Handicapped bus protests to continue [Subheading] Judge offers three protesters choice of jail or leaving city BY DAVID WELLS and JAMES F. McCARTY The Cincinnati Enquirer and ENQUIRER WIRE SERVICES The issue of handicapped people and their accessibility to mass transit reached a peak Tuesday locally and nationally, sparking protests that were expected to go on today. In Cincinnati, a judge ordered three handicapped protesters who had been arrested to leave the city or go to jail. One of the men, a native Cincinnatian, chose to ignore the edict, and his bail of $3,000 was revoked late Tuesday. In Washington, D.C., the Department of Transportation issued long-awaited criteria for making the nation's public transportation systems more accessible to 20 million handicapped people. Neither decision was well received by the handicapped community. The Rev. Wade Blank of ADAPT (American Disabled for Accessible Public Transportation) said late Tuesday that a dozen or more of its members were planning an act of civil disobedience in Cincinnati today that he expected would get them all arrested. “We decided that to leave Cincinnati under the present atmosphere of basic human rights violations, would be to ignore our moral obligations," Blank said. George Cooper, who was arrested Monday said, “I thought my hometown of Dallas was conservative, but Cincinnati is more conservative." Cooper arrested Monday with two other members of ADAPT on charges of disorderly conduct during a demonstration at Government Square. Hamilton County Municipal Judge David Albanese imposed the sentence on the the ADAPT protesters. Late Tuesday, police spotted ADAPT member Mike Auburger, a former Cincinnatian who lives in Denver, driving a car through the -- city—an apparent violation of Albanese's order to leave the city. Cooper and Robert Kafka, Austin, Texas, were arrested after they crawled up the steps of a Queen City Metro bus, paid their fares and demanded the right to ride. Auburger was arrested when he tried to grab a wheel of the same bus as it pulled away from the stop. Metro's Assistant General Manager Murray Bond said disabled persons were not permitted on regular coaches because the company does not think it is safe. Metro provides wheelchair lifts on Special Access buses. but Bond said the cost of installing wheelchair lifts on regular buses would be prohibitive. Defense attorney Joanie Wilkens said after Tuesday’s hearing that she considered Albanese's order unusual but that ADAPT did not have the time or resources to fight it in court. ADAPT members were in Cincinnati to protest policies of Queen City Metro and the American Public Transit Association, which is having a convention at the Westin Hotel. In Washington, DOT's issuance of a final regulation requiring transit systems to provide reasonable alternative transportation for the handicapped contained no surprises. Many transit systems have been moving for several years toward providing alternatives such as van service or a taxi voucher system for handicapped passengers. But ADAPT and other national disability rights groups, dismayed by the new rule, almost immediately filed federal lawsuits against DOT to block the move. Handicapped representatives said the new rule fell far short of carrying out the law. A federal court in 1981 ruled that a federal requirement that all transit systems be accessible to the handicapped was too much of a financial burden. It told the Urban Mass Transportation Administration to develop new requirements that would assure that the handicapped are provided service. Under the final rule announced Tuesday, a transit authority must establish some alternative services for the handicapped if the regular bus or rail service can not be made accessible. Other members of ADAPT continued to picket in their wheelchairs in front of the Westin Hotel on Tuesday. The group suspended a wheelchair from a wooden cross. It symbolizes how the disabled are being crucified," said Bill Bolte, who helped to hoist the chair. PHOTO -- The Cincinnati Enquirer/Fred Strau: Two protesters hang a wheelchair on a large wooden cross. One man in a cowboy hat and plaid shirt (Joe Carle) steadies the cross and the chair from below, while a second man (Jim Parker) stands and pulls the manual wheelchair higher. Behind them several other protesters (including Joanne ____) watch and stand by extensive police barricades in front of the APTA convention hotel. Caption reads: Joe Carle, left, and Jim Parker chain a wheelchair to a cross Tuesday outside the Westin Hotel. The two were among several members of the American Disabled for Accessible Public Transit demonstrating against City Metro and the American Public Transit Association which is meeting at the Westin.
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San Francisco Chronicle 10/1/87 PHOTO by Steve Ringman, the Chronicle: A line of wheelchair protesters file down a hallway lined by other wheelchair protesters and supporters. There is one man directing and a policeman looks on. The line of protesters is lead by Greg Buchannan, then Mike Auberger, then Stephanie Thomas, another woman, then Joe Carle. Media, supporters and onlookers line the hallway. Caption reads: Supporters cheered more than 100 wheelchair protesters as they rolled into court in San Francisco yesterday for arraignment. Boxed Text: 'They're our heroes. They're standing up for us and everybody.' Title: Wheelchair Protesters' Day in Court By Jack Viets and L. A. Chung The San Francisco protests by wheelchair demonstrators seeking better access to public transportation finally rolled to an end yesterday in a Hall of Justice courtroom. Since Sunday, a total of 134 of the demonstrators have been arrested during a series of protests that ranged from a rally at San Francisco's City Hall to a 2 1/2 hour shutdown of the city's historic Powell Street cable car line by a wheelchair army Tuesday. The protests were staged to oppose the policies of the American Public Transit Association, which ends four days of meetings today in San Francisco. Groups representing disabled persons contend that all transit vehicles, even the historic cable cars, should be accessible to wheelchairs. Although there were more demonstrations yesterday, there were no new arrests.' The 43 protesters who were held Tuesday night in a Hall of Justice gym on misdemeanor charges stemming from their arrests were all released yesterday. They had pleaded no contest to a charge of obstruction. Municipal Court Judge Phil Moscone waived $50 fines in light of the time they had spent in custody. Some 90 other protesters who had been cited but not booked also pleaded no contest and their fines also were waived. Outside the courtroom, the hallway echoed with cheers and applause from nearly 100 other persons in wheelchairs as the first group of 14 wheelchair defendants to appear before the judge were released. "They're our heroes," said Connie Arnold of San Rafael. "They're standing up for us and everybody." Inside the jammed courtroom, 6-year-old Jennifer Keelan — the youngest person to participate in the demonstrations — sat in her wheelchair and watched the proceedings with her mother, Cynthia. "I am her parent," her mother said. "But this is her disabled family and these are her brothers and sisters." Earlier in the day, during a bizarre demonstration of just how tough the access problems of the disabled really are, a band of people in wheelchairs were denied access to the federal Department of Transportation offices at 211 Main Street. The entire building is leased by the General Services Administration. When they rolled into the building's elevators to visit the 11th floor offices of the Urban Mass Transportation Administration and the secretary of transportation's regional representative, electrical power to the elevators was abruptly shut off. The visitors were informed by a man in a blue blazer that they were in a private building and not a public building, and that police would be asked to remove them if they did not leave. He identified himself as the building manager, but refused to give his name. Amid cries that they were experiencing George Orwell's "1984," the protesters began chanting: "We will ride. We will ride." However, the elevators did not move. Shortly after noon, San Francisco police warned the demonstrators that they were "on private property, and we ask you to disperse." If they failed to leave, the demonstrators would be arrested, officers said. Police did promise the wheelchair visitors that they would be given ample time to make their way out of the building.
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This article is continued in photo 451, but the text of the entire article is included here for ease of reading. The Handicapped Coloradan May 1989 VOL. 11, NO. 11 Boxed text in masthead: If you use a wheelchair and ever tried — or wanted -- to board an accessible bus in Detroit between Nov. 10, 1984, and the present, you owe it to yourself to read Justin Ravitz‘s story on p. 3. Photo: Man, in a dark suit standing against a white background with his hands in his pockets. He has dark hair and large eye glasses, a firm thoughtful look on his face. Caption reads: Mayor Pena tells UMTA officials they have a “moral obligation" to put lifts on buses. [Headline] Court grants transit rehearing In the wake of an often ugly battle with police, hotel security guards and the courts in Reno, wheelchair activists are heading for Philadelphia where the U.S. Court of Appeals has agreed to vacate its Feb. 13 decision to require all new buses purchased with federal funds to be equipped with wheelchair lifts. The case will now be heard by the entire 13-member court rather than the three judges who originally handed down the decision on a 2-l vote. The rehearing was requested by the Department of Transportation and the Department of Justice. Six disabled leaders had met with President Bush in an attempt to persuade him to call off the appeal. Bush didn't give them an answer at the time, said Wade Blank, one of the founders of the radical American Disabled for Accessible Public Transit (ADAPT), "but it's obvious the President has no intention of taking our side." So when the court convenes at 10 a.m. May 15, scores of wheelchair demonstrators will be outside chanting, "We will ride," the battle-cry of the six-year old movement. At press time, demonstrators were planning on arriving in Philadelphia on May 12 and demonstrating in front of the Justice Department there, up to but not including being arrested. "That will come later," Blank said. On Saturday, demonstrators are expected to attempt to board city buses, crawling onto them if necessary, and to otherwise disrupt service until Philadelphia transit officials sign an agreement promising to provide accessible service. Then on Sunday, the day before court opens, demonstrators will don Revolutionary War uniforms and march from Independence Hall to the federal courthouse, led by fife and drum. The movement is at a crossroads, Blank said, pointing out that many of his fellow activists are afraid that the court will reverse its pro-accessibility vote when its decision is made known, 30 to 90 days from now. Many of those activists are reluctant to appeal the decision to the U.S. Supreme Court if they lose in the Court of Appeals, arguing that the high court has a conservative majority, “We might have to wait 20 years before we get a liberal court," Blank said. "Better we find out where we stand with the court right now and then decide on a course of action." ADAPT has had plenty of experience with conservative judges in recent weeks, according to Blank, who said he broke down and cried at the treatment wheelchair defendants received in the Sparks courtroom of judge Don Gladstone. Gladstone told demonstrators that their mass arrests had "tarnished" their cause and suggested that the group needed "new leadership." Blank said Gladstone's courtroom was a zoo. "He locked the doors and screamed at us." Gladstone wasn't the only person in Reno and Sparks who was upset with ADAPT, which was there to protest at a regional meeting of the American Public Transit Association (APTA) as they have done in 16 other cities over the latter group's refusal to endorse mandatory accessibility for all transit systems in the country. The police weren’t very happy, either. Some 72 demonstrators were arrested during the 5-day-long protest, with about half of that number going to jail. City officials estimated that the protest cost local taxpayers at least $116,000. Police estimated their costs of controlling the group at $79,275, while the sheriff's department, which runs the Washoe County jail, placed its costs at about $34,164. Gladstone said municipal court costs will run about $3,000. But it wasn't just the money that bothered city and county officials. "While (the police) are out there handling these individuals and you cal 911, the response times change dramatically,” said Sparks Municipal Court judge Andy Cray. Police Lt. Tony Zamboni said, "We understand these people have certain rights, but they also don't have the right to obstruct other citizens." Sheriff Vince Swinney agreed with Zamboni and also seemed a bit miffed that the media were playing up the plight of the demonstrators. "Somebody should realize this is what these people want to do," he said. "if they were treated like royalty, they wouldn't be happy. And the media is playing it up 100 percent. I really think that we who have been here and will continue to be here deserve some credibility." ADAPT organizer Mike Auberger, 34, of Denver, said that the Washoe County jail was not prepared to deal with housing 30 disabled prisoners, although sheriffs department officials disagreed, saying that extra doctors and nurses were on duty. Twenty-two of the jailed demonstrators staged a hunger strike, including one woman who was warned by a doctor that she would ultimately go into seizures if she participated in the fast. Another demonstrator, Diane Coleman, an attorney from Los Angeles, was taken from the jail at 3 a.m. Tuesday morning when she started vomiting. Coleman was taken to the Washoe Medical Center where she was given liquids intravenously for dehydration. Headline for part 2 of article: Reno protest turns ugly as judge lectures ADAPT ”Get new leaders. ” Blank said that three or four demonstrators had to be hospitalized when they returned home because of inadequate care received at the jail. For example, Auberger was not allowed to empty his leg bag and he went into hyper reflex, according to Blank. “His blood pressure shot up to 300 and nearly blew his head off," Blank said. Unable to place a call to fellow ADAPT members in Sparks, Auberger was forced to call his parents in Indiana to see about getting help. Ultimately, Auberger had to bail himself out of jail in order to get medical treatment. “That's when the police began telling other jailed demonstrators that their leaders were bailing out on them," Blank said. Demonstrators also complained that the police in Reno and Sparks were rougher than the ones they had dealt with in other cities, pointing out that more of them were actually handcuffed than was usually the case. Most of the demonstrations took place outside the Nugget Casino and Hotel, which was serving as APTA's convention headquarters. Some 700 delegates were staying there. Demonstrators attempted to block all the entrances to the hotel to show APTA delegates what it is like not to have access to public institutions, buildings and buses. One demonstrator, Beverly Furnice, said her knee was broken when a Nugget security guard hit her leg as she was wheeling up to the door on the southeast side of the hotel. Nugget spokesperson Parley Johnson said he was sorry to hear about Furnice. “We made every possible effort to ensure the safety of all involved," he said. "However, if we have someone trying to get in, and we're trying to get the doors closed, what can I say? The person (trying to get in) is contributing to the problem. "We could not allow the group to come in and disrupt our business and cause problems with our customers. And we have every right to do this." Judge Gladstone several times commented on how well the hotel staff and police handled the situation. “He's just a front man for the casinos," Blank commented. On the other hand, demonstrators had nothing but praise for Reno's Citifare public transit system, which has already made a commitment toward a 100 percent lift-equipped bus system. All Citifare buses bought since 1984 have lifts, and the system expects its nonaccessible buses to be phased out by 1996. "We're not fighting Reno or any other city," Auberger said. “We're fighting APTA." Less than three weeks later, demonstrators were doing just that again, this time in Denver, where ADAPT was founded in 1983, Some 30 demonstrators were arrested as they protested outside the Radisson Hotel, where the Urban Mass Transit Association (UMTA) was holding a national transportation conference. The next day, April 25, 40 demonstrators, 30 of them in wheelchairs, were forcibly removed from the Federal Building at 9th and Stout by federal officers. Demonstrators were protesting word that the Department of Transportation, of which UMTA is part, had decided to appeal the Court of Appeals decision. "We are tried of winning lawsuits and never getting them implemented," said protester Maureen O'Rourke. UMTA‘s Alfred A. DelliBovi disagreed with the original court decision, saying his agency supports letting each transit provider decide how to handle disabled riders. Earlier Mayor Federico Pena met with ADAPT and reiterated his strong support for their goals, a statement he repeated when he met later with UMTA officials. Pena was responsible for forcing APTA officials to allow ADAPT to address its national convention in Denver in 1983. That is the only time ADAPT members have been allowed inside an APTA convention.
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PHOTO by Tom Olin: George Roberts, wearing an UMTA name badge, an ADAPT headband and black and gold ADAPT "no steps" T-Shirt, looks down as Bob Kafka and he chain their wheelchairs together. Bob is bent forward, doubled over, using his arms to hide the lock as they attach their wheelchairs.
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Fort Worth Star Telegram / Sunday March 26, 1989 [Headline] Disabled evicted by guards [Subheading] Fort Worth protest at courthouse ends BY Whitt Canning, Fort Worth Star Telegram Bob, Joe, Frank, Tim and Frazier spent a quiet evening Friday on the ninth floor of the Federal Building nodding off occasionally between friendly chats with the guards. Having arrived earlier in the day to take part in a protest by a group of disabled people against the Urban Mass Transit Administration, they hadn't really planned on staying the night. Things just sort of worked out that way. Their strange vigil ended abruptly about 1:15 p.m. yesterday when they were evicted by Federal Protection Service officers, who explained that it was being done for their own good. “They physically picked us up and carried us out," said Bob Kafka, admiring a skinned place on his right forearm that was bleeding slighty. “At least," said Joe Carle, “it was reassuring being in the hands of the kinder, gentler Bush administration." Kafka, 43, Carle, 50, Frank Lozano, 38, and Tim Baker, 26, are members of a group called American Disabled for Accessible Public Transportation that staged a nationwide protest Friday in an effort to dissuade the administration from appealing a recent decision in the 3rd Circuit Court of Appeals (ADAPT vs. Burnley). The decision requires wheelchair lifts on buses purchased with federal money. The Fort Worth protest involved 20 to 30 people, but Kafka, Carle, Lozano and Baker managed to reach the ninth-floor office of the administration's regional manager, Wilbur Hare. There, they requested he telephone White House chief of staff John Sununu and voice his support for the court decision. Joining the small group in its audience with Hare was Frazier, an amiable pooch who serves the visually impaired Lozano as a guide dog. Hare refused the request, and went home at 4:45 p.m., leaving the intrepid little band stuck on the ninth floor, vowing to stay through Easter weekend. “We were in the outer office, and he (Hare) came out once about 3:30 and told us he was leaving at his normal time," Carle said. "Then at 4:45, he came out, shook our hands, wished us happy Easter, and left. "We wished him happy Easter too." So the group was left occupying the building, along with several guards. At 6 p.m., Casey Bowen, director of building operations with the General Services Administration, told them they would not be forcibly removed, but he would not allow food to be brought in. As an added precaution, Kafka said, all the phones were removed. “I don't mean just in Hare‘s office," Kafka said. "lt looked to me like they removed every phone on the ninth floor. They didn‘t just disconnect them. They TOOK the phones off.“ The group settled in for the night. "Mostly, we tried to sleep as best we could, sitting in our chairs (Kafka, Carle and Baker use wheelchairs)" Kafka said. "I got the couch, since l'm the oldest," Carle said. “Frank slept on the floor because he doesn't have a wheelchair.“ "There are some vending machines up there," Kafka said, "and we ate some candy bars and drank some cokes that was about it. "The guards were very nice to us -- until today, when they evicted us." [Subheading] PROTEST About 6:30 a.m. yesterday, Kafka said, they asked the guards if they could send out for food and were refused. About 11 a.m. the group's attorney, Paul Alexander, arrived with the same request and also was refused. Then about l p.m., the group made another request — that Hare appear at a 6 p.m. news conference and agree to make the call to Washington tomorrow. ln return, they would end their occupation of the building. "That's when they evicted us," Kafka said. “They said they were acting on Bowen's orders and it was for our own good because we hadn't had anything to eat. “They picked me up out of my chair, because l wasn't going to leave, and carried me. That's how I got skinned up." “They had a little trouble getting Frank into a wheelchair," Carle said. “But Frazier went quietly when ordered to leave." Baker, who is severely disabled, did not fare so well, group members said. “When they were pushing him out in his chair, they didn't know how to operate it, and they tore up the motor and the clutch,“ Kafka said. “They did about $1,000 worth of damage to it." Guards at the building refused to comment. Hare did not show up at the news conference. And the I3 activists held up the starting time of 6 p.m. to wait for additional supporters who did not arrive. “We came here to fight for transportation, but we couldn't get the troops over to fight for them," Carle said, adding that none of the disabled could ride the bus downtown so only those who could afford a car could come. Kafka said that the group will examine legal recourse for injuries and damages incurred while being evicted. However, the group's lawyer, Paul Alexander, had advised the four that they might not have legal grounds because they were on federal property, Carle said. As to whether the demonstrators felt they had accomplished anything by the protest, Carle said, “We hope that somewhere along the line this wakes up the able-bodied community" and shows members of the disabled community that “they don't have to knuckle under." He said the group's impromptu occupation of Hare's office had probably amazed them as much as anyone else. “When we got here (with the other protesters), I was telling Bob that Mr. Hare was a pretty nice guy and would probably make the phone call fairly quickly," Carle said. “We were trying to figure out what we were going to do with the rest of the afternoon.“ Carle said other protests are planned soon, including one against Greyhound Corp. on Monday in Dallas. Greyhound, he said, has indicated it does not wish to adapt its buses to the handicapped. “I think this was an abomination," Kafka said. “As a Vietnam veteran, l am embarrassed for my country. But it's just another example of how the govrnment views the disabled. They don't want us to be people — they want us to sit down and shut up, or be put away in institutions. “I think a lot of people have a fear of the disabled." “They're trying to put us back where we've been for ... eternity," Carle said. "Instead of doing this, they should help us with job training so we can carry our own weight. “It's the only way we will ever become . . . people." The occupying force at least had a clear view of its immediate objective once it was back out on the street: friends who arrived to help were immediately dispatched to find food (“double burgers, chicken, and big milkshakes"). When the food gathering force hurried off, Carle offered one last observation on the situation. "Frazier," he confided. “is extremely upset about all this. “He says they treated him like a dog." Staff writer Betsy C.M. Tong contributed to this report PHOTO (by Ricky Moon, Fort Worth Star-Telegram): From left to right Frank Lozano kneels on the pavement, his hand on his dog Frazier's neck. Frazier, a white lab, sits calmly in harness, looking serenely off into the distance. Beside him is Joe Carle in a denim vest, ADAPT shirt, gimmie cap and dark glasses, he sits in his wheelchair and smiles. Next to him, Tim Baker, face partially obscured by his chin operated wheelchair control stick, looks over at Bob Kafka. Kafka, next to him is in his manual wheelchair and is talking to Tim. Behind them is the stark facade of the federal building. Caption reads: Frank Lozano, his dog Frazier, Joe Carle, Tim Baker and Bob Kafka, from left, sit outside the Federal Courthouse after their eviction.
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Fort Worth Star Telegram handwritten: 3-26-89 [sic] [Headline] An Easter sit-in by activists in the Federal Building [This story appears in 588 and continues on 587, but is entirely included here for ease of reading.] PHOTO (by Fort Worth Star-Telegram/ RICKY MOON): In a fairly fancy office with leather chairs and wooden bookshelves and table, a group of disabled people sit in a semi circle. On the left side of the picture is a small man (Paul Alexander) in a grey suit and small, personally adapted wheelchair; his head is back and he is kind of looking over his shoulder at some of the others in the room. Next to him in a comfy padded chair sits a man with black hair, mustache and beard (Frank Lozano) in an ADAPT no steps logo shirt. Over his head he holds a poster that says "Access not excuses DON'T APPEAL." Next to him is a man in a manaul wheelchair (Bob Kafka) who is also wearing an ADAPT no steps logo shirt, suspenders and blue jeans. Beside him is a doorway and someone is standing in the doorway, on the other side with his back to the group. On the other side of the door is a woman in a wheelchair (Kathy Gaines) with curly hair and a pink blouse; she appears to be in a wheelchair as well. She is holding a sign but you can't read it from the angle it's at. Beside her, and at the front of the picture is a man (Joe Carle) sitting in an armchair with his legs up in his wheelchair; one leg is amputed below the knee. He is wearing a vest and ADAPT T-shirt on the arm of which you can see the list of cities where ADAPT has held actions. He is holding up and looking at a poster that reads "Bush says Mainstream Disabled." Caption reads: Paul Alexander, left, and Kathy Gaines, second from right, tried to negotiate for Frank Lozano and Bob Kafka, center, and Joe Carle, right. [Headline] Disabled demand better access BY Bob GWIZDZ Fort Worth StarTelegram Four people lobbying for better access to public transportation for disabled people refused to leave the Federal Building in downtown Fort Worth last night, promising to stay until Monday. Members of the American Disabled for Accessible Public Transportation earlier in the day had demanded that a local Department of Transportation official call the White House in support of their cause. Similar actions were planned in other cities today. “We plan to stay through Easter and welcome Wilbur Hare Monday morning.“ said Bob Kafka, a community organizer with the group. “On Monday we'll decide where we go from there.“ Hare, regional manager of the Urban Mass Transportation Administration, refused the group's request that he call White House chief of staff John Sununu in support of a recent federal appeals court decision requiring wheelchair lifts on all new public buses purchased with federal money. Group members say they think the Department of Transportation will appeal the decision. ln Philadelphia, eight people were escorted from a federal building that contains the regional transportation administration office when the building closed at 5 p.m. Sieglinde Shapiro, who headed the delegation of disabled people, said she read a statement to the official in charge. The statement noted that similar meeting had been scheduled with regional directors in New York, Boston, Atlanta, Chicago, Dallas, Denver, Seattle, Washington, San Francisco, Los Angeles, Phoenix, Ariz., and Salt Lake City, she said. The Associated Press office in Dallas said it had no reports of meetings with federal officials there. The Fort Worth office of the transportation department serves the Metroplex. Shapiro said “our sources in Washington tell us that the U.S. Department of Transportation is poised to appeal” the Feb. 13 decision by the 3rd U.S. Circuit Court of Appeals. The ruling requires that every bus newly purchased with federal assistance be wheelchair accessible, and that those unable use buses be provided with adequate transportation. The Fort Worth protest began when between 20 and 30 demonstrators, many in wheelchairs, arrived at the Federal Building around 1 p.m. after assembling at nearby Burnett Park. Hare, who said he received word Wednesday that a protest was planned, asked the protesters to meet with him downstairs at the Federal Building. The demonstrators refused. “That’s how you treat the disabled separate,” Kafka said to Hare. “We want to see you on the ninth floor, in your office, like everybody else. It’s the same thing as transportation — we want access like everybody else.” After a few protesters entered the building, Federal Protective Service officers locked the doors, forcing more than half of the demonstrators to remain outside. Hare said his office would not accommodate all the protesters. He declined to say who ordered the officers to lock the doors. About 10 protesters met with Hare in his office. “I’m not calling Mr. Sununu, but if you have a message for him, I’ll do my best to get it delivered,” Hare said. “lf you’d like to make a call, then go where you conduct your business and make the call. I’m sure you’ve made your views known to (President) Bush and if you haven’t, there are better ways to do it than tying up this office all afternoon.” Hare did call the Washington headquarters of the transportation administration and said he relayed the protesters’ message to officials there. When Hare left at 4:45 p.m., his normal quitting time, four protesters decided to remain. “We weren’t anticipating Mr. Hare being so obstinate,” Kafka said. “We expected a quick reaction and a phone call. It just shows their real arrogance toward disabled people.” At 6 p.m., Casey Bowen, director of building operations with the General Services Administration, told the protesters that he would prefer they leave, but that he had no intention of forcibly removing them. But Bowen said he would not allow them to have food sent in, and he had the telephones removed from the office. “Quite frankly, our intent is not to encourage this sort of protest,” Bowen said. Reporters could not contact the protesters later in the evening and building guards declined to comment. The protesters, who had no provisions other than a couple of granola bars and soft drinks, have access to the building's snack and soft drink machines. Besides Kafka, 43, of Austin, the protesters who remained in the building last night were Joe Carle, 50, and Frank Lozano, 39, both of Dallas, and Tim Baker, 26, of Austin. Kafka has used a wheelchair since he suffered a broken neck in an auto accident 10 years ago. Carle suffers from a circulation disorder, has had part of one leg amputated and has used a wheelchair for nine years. Lozano is blind, the result of an auto accident five years ago. Baker suffers from severe cerebral palsy. Paul Alexander, a Fort Worth lawyer who uses a wheelchair, arrived late in the afternoon to try to negotiate a settlement. When it became apparent that the protesters were determined to stay, Alexander tried to arrange for permission for food delivery. Alexander said arrangements could not be made. “Us being locked up all weekend symbolizes the thousands of disabled people who are locked up in their homes," Carle said. “Will it do any good? Or will it make you look like a jackass? l don’t know the answer. I honestly don’t." Staff writer Betsy C.M. Tong contributed to this report.