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The Handicapped Coloradan October issue/Vol. 11, No. 4 PHOTO: A waist up shot of Mike Auberger in a sweater in his wheelchair with his chest strap. His face has it's customary stern look. Caption reads: Mike Auberger. Title: APTA still says no to lifts Wheelchair activists cross into Canada Wheelchair militants chased their arch enemy over the border into Canada in October, but unfortunately for advocates of accessible transit systems, the American Public Transit Association (APTA) not only came back but found time in between dodging wheelchair barricades and attending panel discussions to veto mandatory lifts on buses. APTA's board of directors voted unanimously at their national convention in Montreal to reaffirm its policy of local option while continuing to study proposals made by its Elderly and Disabled Services Task Force. APTA has been fighting mandatory lifts since the Carter administrations' Department of Transportation (DOT) first ordered transit companies to install lifts in 1979. APTA lost in U.S. District Court in 1980 but won in 1981 when the U.S. Court of Appeals ruIed that the DOT regulations were not required by Section 504 of the Rehabilitation Act of 1973. In 1983 wheelchair activists in Denver formed the American Disabled for Accessible Public Transit (ADAPT) and picketed APTA's national convention being held in Denver. ADAPT chapters rapidly sprang up in other cities, and APTA delegates soon grew used to having their annual conventions and regional meetings disrupted by hundreds of demonstrators in wheelchairs. This year's meeting in Montreal was no different. As usual, local police threw up barricades in front of the conventioneers' hotels, and as usual, wheelchair demonstrators hurled their chairs and bodies at police lines. And, as usual, they were arrested. "City police crush wheelchair protest," headlined the Montreal Daily News, next to a picture of police removing demonstrators from their chairs and passing them over the barricades. Protester Lori Taylor said the police had no right to take her husband's chair away from him. "They separated him from his legs," she said. "He can't walk, he's just sitting on the wet ground and all he wants to do is ride a bus like you and me." Police maintained that they had a right to remove Lester Taylor any way they could after he deliberately crashed his way through a metal barrier in front of the Queen Elizabeth Hotel. Taylor was taken into custody, along with 24 other demonstrators. Many of those arrested were from Colorado, including Mike Auberger, who chained his wheelchair to a handrail in the hotel lobby. Also among those "arrested" was a seven-year-old-girl from Scottsdale, Ariz. Jennifer Keelan, who has cerebral palsy, was taken into custody along with her mother Cynthia. Both mother and daughter were released later that day without charges being filed against them so that they would not be separated overnight. Cynthia Keelan said the police lifted Jennifer and her chair onto a police van using the kind of lift she and Jennifer would like to see put on every bus. She said she was very proud of her "very, very brave little girl," although a police spokesperson was quick to point out that it was the mother, not the daughter, who was actually being arrested. Most of those arrested were U.S. citizens, although a few Canadians did join the pickets. Maria Barila, a Montreal resident who was arrested, said potential Canadian demonstrators had been warned by one government agency that they could lose their welfare checks if they were arrested. Montreal police had received reports from the six U.S. cities in which ADAPT had previously picketed APTA conventions and had prepared accordingly, down to issuing officers kneepads in case wheelchair militants attempted to run their chairs into police. Perhaps in an effort to cut down on ... Continued on p.2 [Unfortunately we don't currently have the second part of this article. If you have it and can send a picture we would be very grateful. ] Second article: RTD firm in commitment to accessibility RTD has been named one of the nation's most accessible public transit systems by the American Disabled for Accessible public Transit (ADAPT), and it continues to show every sign of improving that system. On Nov. 1, RTD became one of the first transit systems in the country to offer accessible public transportation on intercity routes when 35 lift-equipped buses began rolling between Boulder and Denver. The Neoplan buses replace Yellow Cab service. Critics of lifts on intercity buses argued that they were too costly and took up to much space on already crowded buses, but when Neoplan submitted its bid to RTD, the cost was so low that the transit agency was able to buy additional buses. RTD says its new regional service shouldn't cause any delays, since its buses are already operating at a 95 per cent on-time rate. The lift-equipped buses operate between Boulder, Broomfield Park-n-Ride, Market Street Station, Stapleton Airport. and Longmont. Regular fares on the Regional AFB arc: Boulder to Broomfield, $1.25; Broomfield Park-n-Ride to Denver, $1.25; Boulder-Denver-Stapleton, $2.00. The fare for disabled individuals traveling during off-peak hours (9 a.m. to 4 p.m.) is 104. Regular monthly passes are $68; disabled riders pay $44 with their RTD Handicapped I.D. card. Ten-ride coupons are also available for this service at a cost of $18. For additional information regarding the new accessible regional service or for trip planning needs, call 777-3343 until 10 p.m. RTD also announced a get-tough policy on non-function lifts on buses being operated by private contractors. Some buses on accessible routes are now operated by private companies, even though the drivers still wear RTD uniforms and the buses carry the RTD logo. Every time one of those buses gets stopped and its lift isn't working, RTD will automatically levy a $100 fine against the private transit provider. Inset sidebar: Accessible systems 10 BEST • New York City Transit Authority (bus only) • Washington (D.C.) Metro Area Transit Authority (Metrorail) • Municipality of Metropolitan Seattle • San Francisco Municipal Railway • Alameda-Contra Costa County Transit District (Oakland, Calif.) • Regional Transportation District (Denver, Colo.) • Transit District (Eugene, Ore.) • Santa Clara County Transit District (San Jose, Calif.) • Tri-County Metropolitan Transportation (Portland, Ore.) • Southeastern Michigan Transportation Authority (Suburban Detroit) HONORABLE MENTION • Niagara Frontier Transit (light rail system only) (Buffalo, NY) • Golden Gate Bridge Highway & Transit District (San Rafael, Calif.) • Miami Valley Regional Transit Authority (Dayton, Ohio) • Sacramento Regional Transit District (Sacramento, Calif.) • Cambria County Transit Authority (Johnstown, PA) 10 WORST • Chicago Transit Authority • Southeastern Pennsylvania Transit Authority (Philadelphia) • Massachusetts Bay Transportation Authority (Boston) • Metropolitan Transit Commission (Minneapolis, Minn.) • Metro Transit Authority of Harris County (Houston, Tex.) • Detroit Department of Transportation • Port Authority of Allegheny County (Pittsburgh, PA) • Mass Transit Administration of Maryland (Baltimore) • Greater Cleveland Regional Transit Authority • Bi-State Development Agency (St. Louis, MO) DISHONORABLE MENTION • Washington (D.C.) Metro Area Transit Authority (Metrobus) • VIA Metropolitan Transit (San Antonio, Tex.) • City & County of Honolulu • Regional Transit Authority (New Orleans) • Queen City Metro (Cincinnati, Ohio)
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PHOTO, News Photo by Steve Groer: A view from above down into a room filled with people, most in wheelchairs, sitting in a rough circle with one person in the middle. Next to that person is a desk with typewriter and paperwork on it. Caption reads: Members of Atlantis Community stage protest at RTD headquarters. Handicapped protest lift vote RTD’s rescission of plan assailed By JERRY BROWN News Staff About two dozen handicapped people, most of them in wheelchairs, staged a two-hour sit-in at the Regional Transportation District’s executive offices Thursday after RTD’s directors voted to rescind plans to install wheelchair lifts on 89 articulated buses scheduled for delivery in 1983. The protestors, all from the Atlantis Community, agreed to leave, but only after: * RTD Executive Director L. A. Kimball and three board members promised they would try to arrange a meeting between the full board and Atlantis members unhappy with Thursday’s vote, with the possibility that the board will reconsider its vote. * Kimball agreed to delay implementing the decision to rescind the lift order until after the proposed meeting takes place, if possible. Before the compromise was reached, the Atlantis members said they were prepared to spend the night at the RTD office -- unless removed by the police. RTD official called police and Denver paramedics, and they waited in a nearby room, ready to remove the protesters if the negotiations failed. Co-director Wade Blank said Atlantis members are prepared to stage daily visits to Kimball’s office and take the issue to court if the board sticks by the decision not to buy lifts. Blank said Atlantis members also plan to stage demonstrations during Kimball's public appearances. Blank said Atlantis members say Kimball, who became RTD’s executive director Sept. 14, is the one who persuaded the board to rescind the order for the wheelchair lifts. Last spring, when RTD ordered the articulated buses federal regulations required that all new buses purchased with federal funds be equipped with wheelchair lifts. Eighty percent of the $2l.6 million purchase price of the buses, including the lifts, will come from federal funds. Eliminating the lifts would reduce the purchase price by $1.1 million, or $12,571 per bus, according to RTD. The regulations requiring wheelchair lifts on new buses were rescinded by the Department of Transportation in July, and Kimball said Thursday that eight of the nine other bus agencies who have ordered the articulated buses as part of a consortium that includes RTD have decided not to buy the lifts. Anticipating that the regulations might be rescinded or overturned in court, RTD and the other bus agencies included the wheelchair lifts as a revocable option in their order. RTD has until Nov.27 to cancel its order for the lifts without penalty. After that date, RTD would have to buy the lifts or pay a penalty to drop them from the manufacturer's specifications. More than 100 handicapped people or representatives from agencies providing services to the handicapped were present for the board vote, and more than 20 speakers argued against rescinding the lift order. With only 16 board members present and 11 votes required to rescind the lift order, it appeared at one point that the speakers had swayed enough board members to win their case. But the board voted 11-5 to revoke the order for the lifts, with chairman Lowell Hutson casting the deciding vote after he counted to see how many board members had voted on each side. The Atlantis members then left the board meeting room in the basement of RTD’s headquarters at 1325 S. Colorado Blvd. and occupied part of the building's fifth floor, where Kimball and other RTD executives have their offices. Nearly two hours later, Kimball and board members C. Thomas Bastien, Kathi Williams and Mary Duty came upstairs to negotiate an end to the demonstration. Atlantis, which has long advocated making all of RTD‘s buses accessible to the handicapped, staged a series of sit-ins and other demonstrations against RTD a few years ago because the agency wanted to provide separate service for the handicapped. Relations between the two organizations improved significantly two years ago after RTD agreed to make half of its peak-hour service accessible to the handicapped.
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[no source or date included] ADAPT has been targeting APTA because of a lawsuit which APTA filed and ultimately won. Under the Carter Administration, the Department of Transportation (DOT) issued regulations in response to 504, which required all new buses to have wheelchair lifts. APTA filed suit saying that congress didn't intend 504 to put undue financial demands on the local transit authorities. The requirement for every bus to be lift-equipped was costly and cumbersome. APTA lost in the lower court, but appealed. The appeals court agreed with APTA that 504 didn?t mandate that all buses be lift-equipped. At present, every transit authority must make an effort to provide service to the elderly and disabled populations. There is an upper limit on the amount of money which must be spent on this service. Since para-transit is an expensive way to provide transportation services, the demand often exceeds the service available. California and Michigan have state laws requiring fully accessible transportation. In other states, transit authorities have started removing lifts from buses saying it is their "local option" to provide a fixed amount of para-transit instead of providing fixed route service. ADAPT promises to see APTA next year in Detroit.
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Denver Post [This article goes with photo in ADAPT 89] [Headline] Wheel Chair Delegation Accuses Board of Ignoring Them Howard Pankratz, Denver Post Staff Writer A 17-year-old crippled girl Tuesday told the board of the Regional Transportation District (RTD) it cost nine handicapped adults in wheelchairs $90 to take a four-mile trip to a Denver Bears baseball game at Mile High Stadium last summer. Her testimony and that of other Denver handicapped individuals highlighted a public meeting at which the RTD was accused of not caring about the handicapped and elderly. By the time the meeting ended board members voted not only to intensify their efforts to help the handicapped but to do everything in their power to see that 120 new buses the RTD hopes to buy have facilities for the elderly and impaired. The board authorized chairman John Fleming Kelly, to file an application with the U.S. Department of Transportation (DOT) for a $12.4 million grant to finance purchase of the 120 buses; and to build a new bus administration and maintenance facility and 100 bus shelters. At the meeting at the Colorado Highway Department building, it was obvious the board was moved by the presence of approximately 40 persons in wheelchairs, some who accused board members of not being “sincere” in their efforts to help the handicapped. [Subheading] NOT SURE OF CARE “I want to make sure we take care of these people,” board member Leo F. Sullivan, declared near the close of the session. “From the remarks I've heard tonight, I'm not sure we are." John Harper, another board member, assured the group that the RTD is sincere but he acknowledged that he thought maybe the RTD might have been a "bit-remiss" in regard to the handicapped and “could do a better job." The most moving testimony of the night came when Inez Regge, severely crippled and confined to a wheelchair, told of how nine adults from the Heritage Nursing Home had to pay $10 each to attend the ball game. “That is high by any standard, but for these young people whose total income was approximately $20 a month, it was exorbitant," she said. “There have been similar ‘rip offs’ in the past, including a $92 fare for one young man going from Heritage House downtown-and back." She said not all private companies who provide such services to Denver's handicapped are “mercenary,” but overhead forces them to keep their rates high. Until Sept. 7, the day Denverites approved the RTD bond issue, she said “there didn't appear to be any transportation alternatives for most of Denver's disabled. [Subheading] COMMITMENT SOUGHT But she said that a commitment by RTD officials prior to the bond election to provide bus service to the handicapped, plus a provision in the Federal Transportation Act which says special effort must be made to accommodate the handicapped on mass transportation, gave them an alternative. Miss Regge said Denver has one of the highest percentage of handicapped people in the country because of the large number of facilities here. “It is the goal of the handicapped community to see to it that all public transportation is accessible to the handicapped," she said. John D. Simpson, RTD executive director, said RTD had hired Al Coulter of the Denver Board for the Mentally-Retarded and Seriously Handicapped, Inc., to try to find out about the transportation needs of the region's elderly and handicapped. But he said RTD and Coulter had run into a business community which had refused to give the agency help in locating the handicapped. “We have been unable to ascertain where handicapped people want to travel to and from,” Simpson said. “There is some real difficulty in talking to companies — and we have approached half a dozen of the major employers - who have handicapped employees. “They either say ‘We don't know who they are' or ,‘We do know, but we don't want to tell you.'" Les Berkowitz, representing the Citizens Advisory Committee on Transportation for the Handicapped, reminded the RTD that not only does the organization have a moral and philosophical obligation to the handicapped, but also a “specific, expressed requirement” under federal statute. He quoted a public law which directs “that special efforts shall be made in the planning and design of mass transportation facilities and services so that the availability to elderly and handicapped persons of mass transportation which they can effectively utilize will be assured." Berkowitz, sitting in a wheelchair a few feet away from the 15 board members, said despite RTD assurance it is interested in the handicapped. “we have some reason to believe that RTD is not entirely sincere in its efforts." Although seeking assistance from a citizen’s task force, he said RTD has expected from that task force, composed entirely of volunteers, “far more than we can be reasonably expected to give.” He said the volunteers have had little or no training in the collection of data or research design. Further, he alleged that Coulter had only been hired for a 60-day period. While Denver's handicapped community asked that the RTD do more, a wide variety of spokesmen enthusiastically backed RTD's $12.4 million federal government application. They said the buses which the money would buy would do everything from helping alleviate Denver's air pollution problem to providing a badly needed form of economical transportation. State Rep. Richard Lamm, D-Denver, said that after Denver “won the dubious distinction as one of the nation's six most polluted cities.” the Colorado legislature created RTD and charged it with developing a transit plan. “Tonight we are here to publicly discuss the first and a vital phase of this plan -- the early action bus program,” he said. “RTD will be able to improve bus service by more than 60 percent in the region with this one capital grant alone. That, to me, is an important first step toward cleaning up the environment." Gordon Appell, principal planner for the Denver planning office, read a statement by Mayor Bill McNichols in which McNichols said the demand for public transit in the Denver area “has reached almost emergency proportions." McNichols noted that in January, the Denver Metro Transit system had 1.9 million passengers, a 22 per cent increase over the same month a year ago. He forecast that the number of passengers may exceed 25 million this year. Thus, he said, the money for the buses is imperative.
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The Handicapped Coloradan ADAPT wins transit access VlCTORY! Federal court orders all new buses to be equipped w|th wheelchair lifts APTA pressures DOT to appeal decision Feb. 13,1989. Call it V-D Day. Victory over the Department of Transportation (DOT). Or call it V-A Day. Victory over the American Public Transit Association (APTA). Because on that day in Philadelphia, within earshot of the Liberty Bell and walking distance of the hall in which the Declaration of Independence was forged, disabled Americans won not only the right but the means to ride mainline public transportation. On a 2-l vote, the U.S. Court of Appeals for the Third Circuit ruled that in the future every transit system in the nation that buys buses with assistance from the DOT must purchase only buses equipped with wheelchair lifts. That decision reverses a 1988 ruling by U.S. District Judge Harold Katz who upheld DOT’s policy of allowing transit systems the “local option" of providing public transit to people with disabilities through a paratransit system. APTA, which reaffirmed its support of local option at its last national convention, has urged DOT to appeal the decision to the U.S. Supreme Court. Such an appeal must be filed within 90 days, or by May 13, 1989. DOT already has filed for a rehearing, and the court is expected to announce by March 29 if they would be willing to reconsider the decision. Justices Carol Los Mansmann and A. Leon Higginbotham wrote the maiority opinion with Judge Morton Greenber dissenting. The case was brought to the Court of Appeals by a dozen disability rights organizations, led by the militant American Disabled for Accessible Public Transit (ADAPT) and the Eastern Paralyzed Veterans of America. Timothy M. Cook, director of the newly formed National Disability Action Center, argued the case. It wasn't the first time wheelchair lifts have been in the courts. in 1979, the DOT, at the direction of President Jimmy Carter, ordered all transit systems to install lifts on new buses, but that mandate was struck down in federal court after an appeal by APTA. APTA’s insistence on local option led to the creation of ADAPT by a handful of militant wheelchair users in Denver, who set up pickets outside the Hilton Hotel headquarters of APTA's I983 national convention. At the insistence of Mayor Federico Pena, ADAPT was allowed to speak before the convention and no arrests were made. That was the last time either situation would exist. At every subsequent national convention or regional APTA meeting, wheelchair militants have shown up in force, blocking buses and hotel entrances until local police forces were forced to cart them away to jail. “Who would have thought a bunch of ragbag crips from Denver could have started something that would have grown this big?" asked ADAPT founder Wade Blank, co-director of the Atlantis Community, a local independent living agency. Both Blank and Cook cautioned that the war was not over yet, although both said they were pleased that the 73-page court opinion was filled with the language of the civil rights movement and would go a long way toward convincing those on the fence that their cause was just. The Court of Appeals opinion reads, in part: “We find the goal of eradicating the ‘invisibility of the handicapped‘ led Congress to enact measures to facilitate, if not immediate and complete mainstreaming of the handicapped, then affirmative and aggressive steps in that direction." The decision involves only new buses, as the justices argued that requiring systems to retrofit old buses would subject them to "undue burdens." Cook said after the decision was handed down that the "opinion is completely consistent with President Bush's call last week, in his speech before Congress, for Americans with disabilities to be ‘in the economic mainstream.‘ Nothing is more essential to meeting that goal than the provision of accessible public transportation." Mike Auberger of the Denver ADAPT chapter, who's been arrested in several cities while engaging in civil disobedience, agreed that accessible public transit is the key to enabling disabled people assume full citizenship. "People are dying out there," Auberger said. "Disabled people go into nursing homes because they don't have any options. I personally know people who have committed suicide because they don‘t have any options. Wheelchair lifts will give them that option." Auberger said that ADAPT doesn't plan to rest on its laurels. They'll be Reno April 7-ll for a regional APTA convention and back in Denver April 23-26 for the national meeting of the Urban Mass Transit Association (UMTA). “Our demand is simple," Auberger said. “We just want them to drop the appeal process and accept the decision." If they don't, Auberger promised that protesters would try to fill the jails one more time. To that end, ADAPT members intend to picket DOT offices in 12 cities on Good Friday, March 24, and ask staff members there to call the Presidiential assistant in charge of transportation matters and ask that the court decision not be appealed. "If they don't make the call, then we don't go," Auberger said. "I'm sure we'll take some heat because we're doing it on Good Friday," he said, explaining that he expects many offices to be shorthanded because of workers leaving early for the Easter weekend. "That should just add to the confusion."
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[Headline] Disabled Advocates Are Rolling on Washington D.C. For the second year in a row wheelchair pickets will surround the national convention of the American Public Transit Association (APTA). Some 150 to 200 wheelchair demonstrators are expected to join the picket lines, although that number could increase dramatically by the time the four day long convention opens Sept. 30 in Washington, D.C., according to a spokesperson for the American Disabled for Accessible Public Transportation (ADAPT). But, unlike the convention held in Denver last year, ADAPT will not be allowed to argue the case for accessibility on the convention floor. “Gilstrap (APTA executive vice president Jack Gilstrap) told us there was no way we were going to speak this year,” Wade Blank said. Nor does Blank expect APTA to vote on a resolution introduced at the 1983 convention calling upon APTA members to purchase only lift-equipped buses. When the Carter administration mandated accessibility in the late 1970s, it was APTA that successfully fought those regulations in court, arguing that it was a judgment best left to the discretion of the local transit provider. Some cities, like Seattle and San Jose, California, and-to a lesser extent-Denver, chose to make their systems accessible, but the vast majority refused, claiming the lifts were impractical and too expensive. However, accessibility advocates say that the technology is available to design both economical and reliable lifts, but that bus manufacturers will not use it as long as there is little demand for lifts from transit providers. APTA argues that in many, if not most cases paratransit systems can offer better and more economical services to disabled riders. ADAPT maintains that isn't so, arguing that cities such as Seattle are experiencing a steady drop in the per ride cost for lift-assisted trips while paratransit costs are constant, regardless of the number of trips. At the Denver convention, APTA's position was championed by Colorado Governor Richard Lamm, who told the delegates that the country couldn't afford to equip all its buses with lifts and continue as a great nation. New York City Mayor Ed Koch is expected to take a similar tack at this year's convention. In 1983, Denver Mayor Federico Pena, who was instrumental in getting ADAPT a place on the convention agenda, supported accessibility, just as this year's host mayor, Marion Berry, is expected to do. Access/Denver will send 43 wheelchair demonstrators to Washington, although at press time they were short $4,400 of the $15,000 needed to provide them with transportation, food and lodging. Among the individuals contributing to the fund drive was Wellington Webb, an unsuccessful 1983 candidate for mayor of Denver. In addition, Denver's HAIL, Inc., will be sending five representatives. Several other cities, including Dallas, El Paso, Los Angeles, Cincinnati, Little Rock, Arkansas, Poughkeepsie, New York, and Chicago have confirmed that they will have representatives on the picket line. Boston's Disabled Liberation Front announced that it was sending eight pickets. ADAPT intends to provide a training session in confrontational politics in Washington on September 26. Ironically, one problem that demonstrators flying into Washington's Dulles International Airport will face is a lack of accessible buses between the airport and downtown Washington. "We were going to file a complaint," Blank said, "but it turns out that the Department of Transportation runs the bus system there and they say that they are the administrators, not the recipients, of federal funds, and therefor are not required to provide accessible service."
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San Francisco Bay Guardian 9/23/87 Disabled to march for transit access By: Cheryl Davis When members of the American Public Transit Association gather in San Francisco during the last week of September, they will be met by disabled people from across the country who plan to demonstrate against a national transit policy they say is unfair because it separates them from other transit users. Specifically, disabled activists intend to protest the widespread use of special vans to transport disabled riders door-to-door, a system commonly referred to as “paratransit.” That system, they say, is a form of segregation. In its place, they argue, all buses and trains should be equipped to accommodate people in wheelchairs as part of as overall policy fully integrating the disabled into society. “Full accessibility,” they argue, is a right that should not be denied because of cost. Paratransit is impractical as well as offensive, disabled transit riders say. Burr Overstreet, a Santa Rosa man who uses a wheelchair, called paratransit “a paternalistic system that screws people over, costs a fortune and it’s the first thing cut during economic downturns.” Paratransit users “are made to feel like helpless hospital patients,” Les Treece-Sinclair, a wheelchair user and staff person at the September Alliance for Accessible Transportation, a Northern California coalition, told the Bay Guardian. Most Bay Area transit districts, including the San Francisco Municipal Railway, use a combination of buses with lifts and paratransit vans for disabled and elderly patrons, and California law requires that all new buses be equipped with lifts. Local transit agencies have a good reputation nationally for working closely with disabled and elderly patrons. But, even so, there are problems. “Supposedly we [in Marin] have one of the better systems,” Overstreet said. “The combination of fixed-route and paratransit should in theory be fairly effective, but it’s not. The paratransit only runs Monday through Friday, 9 am to 3 pm. Disabled riders have to reserve in advance and disabled people who work cannot use such a paratransit system either to work or to socialize.” “Paratransit doesn’t come close to meeting the transport need of elderly and handicapped people,” said Treece-Sinclair. “At the moment, on many bus lines only every third or fourth bus will be accessible.” Jose Rodriguez, a public information officer for the Metropolitan Transit Commission, told the Bay Guardian Bay Area transit districts “are working hard to meet a basic level of service but we are aware of the need for improvement. As always, this is contingent on securing needed funds.” The debate between disabled people and much of the public transit industry centers around interpretations of Section 504 of the 1973 Rehabilitation Act, which states that persons with handicaps cannot be discriminated against under any program receiving federal funds. Since mass transit relies heavily on federal funds, Section 504 serves as a rallying point for disabled activists who argue for making all public transit wheelchair-accessible. The U.S. Department of Transportation in 1979 issued regulations that required full wheelchair access on newly ordered buses and called for retrofitting existing buses and modifying portions of existing rail systems to accommodate disabled users. Disable activists applauded the regulations, but APTA lobbied Congress vigorously, claiming the regulations were costly, unworkable and designed to reach only a small percentage of the disabled population. A 1979 Congressional Budget Office report supported APTA’s claims and called instead for paratransit systems. APTA sued to overturn DOT’s regulations and the U.S. Court of Appeals for the District of Columbia ruled in 1981 that the regulations exceeded the scope of the Rehabilitation Act. DOT interim regulations gave local communities the option of determining levels of accessibility and many transit districts opted for paratransit. Paratransit advocates argue that outfitting buses with lifts and other special equipment is too expensive, given the number of disabled riders. Santa Clara County Supervisor Tom Legan, for example, said at a January board meeting, “We’re spending $3.5 million per year [maintaining] lifts for what amounts to 57 boardings per year.” But disabled activists say the official estimates of disabled ridership are too low. Palo Alto resident Brian Bolitho, who uses a wheelchair, told the Bay Guardian his commute to work alone account for more than 200 boardings per year on Santa Clara buses. Dennis Cannon, a transportation, specialist the federal Architectural and Transportation Barriers Compliance Board, told the Bay Guardian, “The actual use of accessible buses could be five times higher, or more, than transit agency estimates. The driver often simply guesses the number of obviously disabled passengers.” Much of the expense of repairing lifts, Cannon added, could be avoided by improved maintenance and better training of bus operators. Some APTA members, Canon said, are reappraising the adequacy of paratransit. James Lee, accessibility coordinator for Alameda County Transit, agreed. “Since 1976, study after study has documented the inadequacy of paratransit. It is not cost-effective, nor is it demand responsive,” he told the Bay Guardian.
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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.
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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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THE HANDICAPPED COLORADAN Vol. 8, No. 4, Boulder, Colorado, November 1985 [This article continues in ADAPT 115 but the story is included here in its entirety for easier reading.] PHOTO on center-right of the page and shows several people in wheelchairs (including Larry Ruiz looking away on left, as you face the bus, and George Florum on right in black ADAPT T-shirt holding a coffee and a cigarette) in front of a large bus. One person stands in front of the bus holding a scarecrow-like effigy of a person in one hand and something else in the other. A person in a white shirt is seated in the driver's seat. Another person similarly dressed is standing next to him. Above them behind the windshield is a destination type sign reading “EASY.” Caption: DEMONSTRATORS BLOCKED BUSES in Long Beach during the fourth day of the Los Angeles demonstration. One protestor (center) holds up an effigy representing the American Public Transit Association. Police arrived later and made several arrests. Demonstrators said the Long Beach police treated them properly. [Headline] Access showdown in L.A. Leads to massive arrests In a scene reminiscent of the black civil rights marches of the 1960s, some 215 people in wheelchairs rolled down Wilshire Boulevard in Los Angeles on Sunday, Oct. 7, to protest the lack of accessible mainline public transit in the United States. ' Chanting "We will ride!" and carrying inflammatory placards, the single-file column snaked its way 1.7 miles from the MacArthur Park staging area to the Bonaventure Hotel where the American Public Transit Association (APTA) was holding its national convention. Although the demonstrators had been denied a parade permit, police made no attempt to halt the march and routed traffic around the procession. However, the hands-off attitude disappeared once the column of wheelchair militants reached the hotel. As hotel security personnel blocked the only wheelchair-accessible elevator that gave access to the main lobby, several of the demonstrators pulled themselves from their wheelchairs and threw their bodies in front of the escalators, vowing to prevent anyone else from entering or leaving the hotel. The disabled demonstrators shouted "Access now! Access now!" while police deliberated their next move. Finally, after an hour, the police moved in. Eight demonstrators, including one woman, were arrested for “refusing to leave the scene of a riot," according to a police spokesperson. But they didn't go without a fight. George Florom of Colorado Springs thrashed about so hard that it took three officers to subdue him. One of the officers claimed that Florom kicked and bit him, During the scuffle, police said one of the demonstrators grabbed an officer's gun. Florom was removed to a specially equipped police van. He was soon joined by Edith Harris of Hartford, Conn, a veteran of other APTA demonstrations, who had been arrested during the San Antonio APTA protest. Harris had tried several times during the day to get the police to arrest her, even to the point of throwing shredded ADAPT literature in the street and demanding that police arrest her. Police merely removed her motorized chair from the street and picked up the paper, But when Harris threw herself on an escalator, the police moved in and escorted her to a waiting police van. Police and demonstrators differed as to how well the department handled the arrests. "We look bad no matter what we do," Sgt. Bill Tiffany said. A police spokesperson said the department had medical personnel on hand and tried to provide for the special needs of those arrested. That wasn't the case, according to Wade Blank of Denver, one of the founders of the American Disabled for Accessible Public Transit (ADAPT), which helped organize the Los Angeles demonstration as it has similar protests in Denver (1983), Washington, D.C. (1984), and San Antonio, Texas (1985). "The police were real nice until we got to the Bonaventure," Blank said. “But it was a real bad situation at the hotel. The cops turned into real pigs. They wouldn't let us use the hotel restroom. Some of them laughed at a lot of disabilities of the demonstrators, and a few of them pulled their clubs and threatened us with them." Blank said he learned that the officers who pulled their clubs were later given reprimands. Lou Nau, chairman of the Disability Rights Committee of the American Civil Liberties Union (ACLU), was also critical of how the police handled the arrests. Nau said that Mike Auberger, a quadriplegic community organizer for the Atlantis Community in Denver, was not allowed to use a bathroom for eight hours, causing hyperreflexia, while others who were arrested were not allowed to take necessary medications although they repeatedly explained the danger this might cause. Four men were handcuffed behind their backs and then left for up to five hours in their chairs in police vans, according to Nau. Of the eight arrested, Harris was released that same night and five of the men by the following afternoon. The other two men were not released until Tuesday morning. Some 53 disabled protestors maintained a night-long vigil outside the county jail. The police later issued this statement: “It must be stressed that the Los Angeles Police Department has repeatedly tried to meet with demonstration leaders in the attempt to provide legal alternatives to accomplish their objectives and avoid the distasteful necessity of arresting handicapped citizens." To that end, Jack Day, a board member of the Southern California Rapid Transit District (RTD flew to Denver earlier in the year to [print completely faded] in an attempt to talk the organization out of civil disobedience. Blank was one of those who met with Day. "We told him we wouldn't use civil disobedience if the (Southern California RTD) agreed to introduce and support a resolution at the APTA convention calling upon APTA to reverse its stand and back mandatory wheelchair lifts on buses," he said. Day said that was not possible. Meanwhile back in Los Angeles Day's other board members continued to discuss ways and means of handling the demonstrators. Ironically, Los Angeles — the city where demonstrators chose to make their point - is one of the most accessible in the country. California and Michigan are the only states that require all new public transit vehicles to be equipped with lifts. Usha Viswanathan, a spokesperson for the Southern California RTD, said that 1,891 of the district‘s 2,445 active buses were equipped with lifts and another 200 were being retrofitted. The lifts cost between $15,000 and $20,000 each. Within the next five years, the district intends to operate only lift-equipped buses, making it the first 100 percent accessible system in the country. In other parts of the country it's Up to the local transit provider to decide whether or not to offer accessible service. And that's the way it should bee, according Albert Engelken, APTA's deputy executive director. Geographical and climatic conditions have to be taken into consideration because lifts are difficult to operate in snow and on curved roads, Engelken said. In the late 1970s, the Carter administration's Department of Transportation mandated that all new buses be outfitted with wheelchair lifts. APTA, which acts as a lobbying and policy-making group for some 300 separate transit districts across the country, filed a lawsuit that eventually reversed that decision. Since then disabled groups have dogged APTA wherever it meets, insisting that the organization vote on a resolution calling for mandatory accessibility. That‘s why the demonstrators were in Southern California, Jim Parker of El Paso explained. Parker said ADAPT was very appreciative of the steps California was taking toward complete accessibility.” "This is a model city," he said. The demonstrators were in Los Angeles to embarrass APTA, not the local transit district, he said. That didn't stop the demonstrators from stopping buses, however. On Wednesday, Oct. 10, wheelchair demonstrators poured onto the streets of Long Beach, where they held several buses hostage. Protestors said they would release the buses if Laurance Jackson, general manager and president of Long Beach Transit and the newly elected president of APTA, would meet with them. A spokesperson for Jackson said that would be impossible, as Jackson had other commitments at the convention and the protestors had come unannounced. Before the day was done, police issued 33 misdemeanor citations for failure to disperse and arrested l6 protestors, all of whom were later released on their own recognizance. Blank said that the Long Beach police acted appropriately under the circumstances. Long Beach had been the scene of another confrontation earlier that same week. On Monday, 26 wheelchair demonstrators staged a roll-in at the office of U.S Rep.Glen Anderson (D-Long Beach), who is chairman of the House Transportation Committee. Anderson, who had been expected in his office that day, had been detained in Washington due to a heavy work load. The congressman later issued a statement pointing out that he had consistently voted to support accessible systems. Anderson blamed the Reagan administration, not Congress, for overturning a "requirement that the handicapped be given full accessibility to public transit." Most of the demonstrators agreed with that assessment. Blank and Parker compared APTA to the Klu Klux Klan and called upon its individual members either to fire its executive board, including executive vice president Jack Gilstrap, a longtime foe of mandatory accessibility, or to pull out and form a new national transit organization. A Gilstrap aide said he had no intention of resigning. Blank said Gilstrap and the rest of the APTA membership could expect to see them again when the organization holds its next national convention in Detroit in 1986. ADAPT plans similar tactics, since Michigan, like California, has already opted for total accessibility. "It's a question of civil rights," Blank said." And it's a national issue. Wherever they go, you can expect to find us." 3 photos filling the top three-quarters of the page. Photo 1: A man (George Florum) in a manual wheelchair wearing a black no-steps ADAPT T-shirt is loaded onto a lift of some type of vehicle by three beefy police officers Caption: GEORGE FLOROM OF of Colorado Springs is arrested for blocking buses in Long Beach. Photo 2: A dark shot of a man in a white T-shirt (Chris Hronis) being pulled upward by several sets of hands. Caption: CHRIS HONIS [sic], a California ADAPT member, is arrested at the Bonaventure Hotel. Photo 3: a couple of small groups of protesters in wheelchairs and standing, are in front of one bus and beside another, while police stand nearby. Caption: ACTIVISTS hold a bus captive in Long Beach. To the left of photo 3 is an ADAPT "we will ride" logo with the wheelchair access guy and an equal sign in the big wheel.
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THE PLAIN DEALER, THURSDAY, MAY 22; 1986 page 19-A PHOTO by AP: Four policemen in their fancy police hats are "rolling" a man (Rick James) up a 150 degree (ie. almost vertical) "ramp" into a van. Rick is sitting with his hands up by his chest. His hat is missing and his hair is flying out in all directions. His expression is a mix of amazement, disgust and resignation. Caption reads: Cincinnati policemen push Rick James of Salt Lake City, Utah, up a ramp into a van after he was arrested outside a downtown hotel as part of a demonstration by American Disabled for Accessible Public Transportation. Title: Cincy arrests disabled in protest of bus access By BILL SLOAT STAFF writer CINCINNATI — Police arrested l7 disabled people yesterday after they blockaded the entrance to a downtown hotel or chained themselves to the doorway of an adjoining office building that houses Queen City Metro, this city’s public bus service. Eleven of them refused to post bond and were in Hamilton County Justice Center under cash bonds ranging from $1,500 to $3,000. Five were released late yesterday on personal bonds. One pleaded no contest to disorderly conduct and was found guilty. Sixteen were in wheelchairs from polio, paralyzing spinal accidents, multiple sclerosis, cerebral palsy and amputations. One was blind and walked carrying a white cane. The arrests were made during a non-violent, noon demonstration that challenged lack of access to city buses here and around the nation. Chants of “We will ride" and “Access now” came from about 52 demonstrators outside the Westin Hotel. Some removed footstands from their wheelchairs and banged on metal barricades. Police stood behind the barricades and refused to let the demonstrators into the hotel. All 17 taken to jail said they were members of a national handicapped rights organization called American Disabled for Accessible Public Transportation. “This is a civil disobedience action," said Wade Blank, 47, a Presbyterian minister who helped organize yesterday's protest. Blank, who now lives in Denver, was involved in anti-war demonstrations at Kent State University in the 1960s when he lived in Akron. Several of the people loaded onto vans and hauled away to the Hamilton County Justice Center on disorderly conduct charges compared Cincinnati to Selma and Montgomery, two Alabama cities where civil rights activists were jailed by authorities in the 1960s. “The message needs to be sent out that we can’t ride a bus because we're handicapped,” said Glenn Horton, 46, of El Paso, Texas. "It's discrimination it’s segregation and it’s appalling that it could still be happening in this country." Horton said he had been confined to a wheelchair since age 9, when he fell and broke his back. Bill Bolte, 54, of Los Angeles, said handicapped people needed mainline bus service to get to jobs, movies, dates, shopping, banks and anywhere else they might want to go. “We're already in prison," said Bolte, who had polio 51 years ago. “We're going to see that what few rights we have are not going to be taken away. Our rights to public transportation are being deprived, and we will not sit for it." Organizers of the protest said they took to the streets because about 600 executives of public and private transit companies in the eastern United States and Canada were attending a convention in the hotel that ends today. Protesters said the convention should adopt a resolution supporting the installation of wheelchair lifts on all public buses in the nation. Many came from Denver, which has such lifts in use on its bus fleet. The demonstration also came a day after the U.S. Department of Transportation announced in Washington, D.C., a new regulation that allows transit authorities to establish alternative services for the disabled instead of putting lifts on regularly scheduled buses. Demonstrators complained the rule meant that buses, subways and rail lines wouldn't be made accessible to people in wheelchairs. Police Chief Lawrence Whalen said the comparisons with Alabama in the 1960s were unfair when it came to the police. Police in the South during the civil rights era often brutalized protesters. Whalen yesterday said, “Our officers handled themselves very admirably. The group has had their chance to protest and get their point across." He said the police assigned to make arrests had attended special briefings on how to handle disabled people and were instructed to ask the people in custody the best way to lift them into vans. “We wanted to be sensitive to their special needs." Whalen said. Three of those arrested yesterday were out on $3,000 bond after incidents Monday when two climbed aboard city buses, paid fares and refused to leave when ordered off by Queen City Metro officials. The third interfered with a bus. The three, Robert A. Kafka, 40, of Austin, Texas; George Cooper, 58, of Irving, Texas; and Michael W. Auberger, 32, of Denver, were charged yesterday with Criminal trespassing when they chained themselves to the entranceway of Queen City Metro's offices. Police Capt. Dale Menkhaus told his men to use bolt cutters to get them out of the building. Kafka, Cooper and Auberger had been ordered Tuesday not to set foot in Cincinnati by a Municipal judge at the time they posted bond, but another Municipal judge lifted the banning order shortly before yesterday's protests started. Police Chief Lawrence Whalen said 14 others were charged with disorderly conduct for their activities outside the hotel. Bond was set at $3,000 each, a Hamilton County Municipal Court official said. Before the demonstration began, the group gathered in a Newport, Ky., motel for a strategy session on civil disobedience. They agreed not to carry anything but identification with them when they confronted police in downtown Cincinnati and they voted not to post bail. None of the people arrested were from Ohio. The 11 who refused to post bond and were in jail last night are: Bolte; Bob Conrad of Denver; Joe Carle of Denver; Auberger; Horton; Jim Parker of El Paso, Texas; Cooper; George Roberts of Denver; Earnest Taylor of Hartford, Conn.; Lonnie Smith of Denver; Kafka. Kelly Bates of Denver pleaded no contest to disorderly conduct, was found guilty and sentenced to 30 days in jail, which she is to start serving tomorrow. Those released on personal bond are Ken Heard of Denver; George Florman of Colorado Springs, Colo.; Frank Lozano of El Paso, Texas; Rick James of Salt Lake City, Utah; and Arthur Campbell of Louisville, Ky.
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[This artlice continues in ADAPT 412, but the entire text is included here for easier reading.] PHOTO 1: A group of protesters in wheelchairs, in a rough line, head down the street toward the camera. In front and to one side a policeman on a motorcycle/trike. Caption: ADAPT demonstrators, with police escort, on their way from the Arch to Union Station, via Market Street PHOTO 2: Four protesters in wheelchairs block a flight of stairs in a lobby type area as people walk by. From left to right they are Ryan Duncan, Heather Blank, unknown protester, and Wayne Spahn. Caption: Demonstrators blocked access to stairways in Union Station, trying to force a confrontation with APTA officials. [No Title or author or publication given for this article on the clipping. It does not appear be the start of the article.] "They bill it as door to door service, but it does crazy things like, if you want to go from west county to the city, it will pick you up but leave you at the city-county line." Bi-State plans to expand the service in December by adding 11 lift-equipped vans and extending the service into the city. The system will also extend its hours of operation, to 6 a.m. to 7 p m. Its use in the city limits will be limited to disabled passengers, Plesko says, and, with the extended hours, disabled workers will be able to use the service to get to their jobs. While some other cities are making similar (or greater) progress — San Francisco, for one, has lifts on every one of its buses — things are still moving too slowly for the members of ADAPT. And they blame the slow pace on APTA. (ADAPT members who came to St. Louis this week stressed that they were here because of their quarrel with APTA and were not here to demonstrate against Bi-State. They said they approved of the plans Bi-State had made for the achievement of 100 percent accessibility, but nonetheless questioned the slow pace at which that was occurring.) The fight between ADAPT and APTA has its roots in the 1970s. During the Carter administration, the Department of Transportation (DOT) issued rules requiring transit systems to have at least half of their buses equipped with wheelchair lifts. Those regulatioms came out of the Rehabilitation Act of 1973, a landmark federal law that many in the disabled community point to as being equivalent to the Civil Rights Act of 1964. But APTA filed suit against DOT for its regulations and a federal court upheld APTA's argument for "local option," that is, allowing individual transit authorities to decide how they would comply with the spirit of the regulation requiring adequate accessible transportation for the disabled. Says APTA's Engelken, "These decisions are best made locally, because the local transit systems understand the needs of their passengers. For example, it would not be feasible to have a transit system for the disabled based on 100 percent lift-equipped buses in Fargo, North Dakota, because in the winter it would be almost impossible for someone in a wheel chair to get to a bus stop and wait for a bus. Able-bodied people have enough trouble (there)." Says Bob Kafka, another ADAPT leader, "(That) is one of the arguments people use for not providing transportation. They say, 'People in a motorized wheelchair can't get there, so why provide (accessible buses)?' But do you know what a person in a motorized wheelchair has to do to get to the bus stop? He has to hit a joystick. Little old ladies cleaning people's homes for years, with fallen arches, and having to carry shopping bags, no one has ever said we need special transit for them. But a disabled person who has to hit a joystick to operate his wheelchair, we need special transportation for them because it’s too cold, too snowy, too hilly, too wet, too this. "It's like were going to break, were going to fall apart." ADAPT sees APTA's insistence on local option as an attempt by the group to foster so-called "separate-but-equal” transportation systems. They say that APTA is attempting to segregate transit systems; keeping disabled passengers out of the mainstream system. ADAPT was formed in 1982 in Denver by Auberger and a handful of other members of that city's disabled community. It was put together because APTA had scheduled a convention for Denver and APTA's resistance to 100 percent accessible main-line public transportation for the disabled made the trade organization the moral equivalent of "the Ku Klux Klan and the Nazi party" for disabled Americans, Kafka says. Thirty demonstrators showed up at the first protest, and there have been eight subsequent protests, all at APTA regional or national conferences. The demonstrators model their actions after the non-violent civil rights activists of the 1960s. They block access to buses: they block access to the APTA convention sites. Some, including Auberger, chain themselves to buses or to doorways. The aim is arrest and the accompanying media attention. Auberger has been arrested at least 30 times by his own count, including this past Sunday at the Omni Hotel. ADAPT's militant tactics have drawn criticism from several corners, including others who work in the disabled community. "While we agree with the goals and-objectives of accessibility for disabled persons, we don't agree with the tactics of civil disobedience or confrontation as a means to achieve those objectives," says Ginny Weber, assistant to Deborah Phillips, the commissioner of the city's Office on the Disabled. "There are other ways to get things done," she says. "You can go through the legislative process. You can conduct public awareness campaigns. Over the last 10 years, some progress has been made. To change conditions that have been in existence for a long time takes a while. You have to just stay in there' and keep working towards it." Sheldon Caldwell, executive director of the St. Louis Society for Crippled Children, agrees. "I don't think it pleads our case well to have a group with a disruptive militant attitude. This is my personal opinion: I haven't polled my staff on this, but I don't think disruption is ever the way to go about it. But others are not as harsh in their judgment. "I take a different position (from those who criticize ADAPT)," says Paraquad's Tuscher. "I have the point of view that there are many ways to get from where we are to where we want to go. We're more likely to use negotiation, legislative action, legal action, public relations campaigns. Confrontation is not one of our methods, but I don't think it's my place to judge (ADAPT). Let history judge: let history prove whose method is the right one." About the criticism from within the disabled community, ADAPT's Kafka says, "Those who are in power are not going to give it up to you willingly. Without the push of civil disobedience, even the Civil Rights Act would never have come about." Says Auberger, "(Negotiation and public relations campaigns) delay the justice. It's not perceived as delaying justice, but it is. They are doing harm to their disabled brothers and sisters by saying, 'I don't support their tactics, but I do agree with their position.— Because other groups for the disabled receive so much financial support from corporations, they are less willing to be as direct in their demands as is ADAPT, he says. "They will eat a lot of garbage just to get half the loaf. "If you're going to change things, you have to get rid of the notion right away that you are going to be someone's friend," he says. "Be-cause someone is going to want something different than you do. The city of St. Louis and I will never be friends. The police and I will never be friends, but I won't lose any sleep over it. I know when I leave here, people will be talking about this issue in a way it hasn't been talked about before and something might change. "You look at demonstrators in history. Go back to the civil rights movement. The blacks who demonstrated weren't seen as 'nice.' If you go back further, to the women's suffrage movement, those women who wanted the right to vote weren't seen as mom and apple pie. But typically people who have been vocal about their rights are never perceived as being nice." PHOTO 1: Two men, one a plain clothes policeman and the other the bus driver, load a man in a scooter onto an accessible bus as several other people in suits and uniforms look on. Caption: St. Louts police arrested 41 demonstrators at the Sunday protest by ADAPT at the Omni. PHOTO 2: A man (Mike Auberger) with his hair pulled back tightly, wearing glasses, a beard and an ADAPT no steps T-shirt, sits in a long hall with bars of light on the walls and ceiling. He holds up his hands, fingers permanently folded at the first joint, guesturing as he speaks. He has a chest strap to hold him in his motorized wheelchair. Caption: Mike Auberger, one of the founders of ADAPT