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Início / Álbuns / Tags court
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DISCLOSURE September-October 1989, Issue No. 112 the national newspaper of neighborhoods [Headline] Disabled Protest Across Country: “Accessible Transit Is a Civil Right" This story continues on 436 but is included here in its entirety for ease of reading. PHOTO by Tom Olin: A large group of people in wheelchairs, on crutches, many carrying posters, are massed in front of a MCI New Jersey bus. Joe Carle is in the middle of the group with his back to the camera and on the back of his wheelchair is a sign that reads "I can't even get on the back of the bus." Also visible (right to left) are Cassie James, Diane Coleman, Brian Shea, Mike Early from CORD, two other guys in wheelchairs, Kent Killam, Julie Nolan, a white haired blind person with a big sign, and a short woman, perhaps a child, looking to her left and holding on to the back of a wheelchair. The group is blocking the bus and the street, while others walk by on the sidewalk. Caption reads: Members of American Disabled for Accessible Public Transit (ADAPT) and affiliated groups stages demonstratlon on disabled rights issues in front of buses at the federal court building, Philadelphia, May, 1989. by Mike Monti The message is clear: “We will ride,” say the members of American Disabled for Accessible Public Transit (ADAPT). From a series of demonstrations to a controversial court case, this relentless group keeps fighting for accessible transit around the country. Among its victories are a July, 1989 federal court ruling that transportation agencies no longer have a 3 percent cap in providing wheelchair lifts or paratransit. For the members of ADAPT, accessible transit is a basic civil right — and is always worth fighting for. We reported in Disclosure #l08 on ADAPT’s actions in Montreal at the annual convention of the American Public Transit Authority (APTA). APTA and other transit authorities continue to make it extremely difficult for people with disabilities to use public transit. Nevertheless, ADAPT has shown that it will confront APTA wherever it shows up. Last April, at the Western Regional Conference of APTA in Sparks, Nevada (just outside of Reno), over 125 ADAPT members staged actions at the conference, calling for public transportation that can be used by everyone — including people with disabilities. Members started off with a march from their hotel to the conference hotel. When they were about halfway there, ADAPT was met by a police blockade. Obviously, authorities already knew about ADAPT: here is a group that won’t stops until it forces permanent changes. In Sparks. the marchers were able to get around the police barriers. But when they got to APTA’s hotel, they were met by private security forces. The hotel security outnumbered the city’s police three-to-one -— and were able to chain the door shut before ADAPT entered. Forty-seven ADAPT members were arrested, and seven were sent to jail. “The Sparks police had obviously decided that we weren't going to march in the streets,” said Stephanie Thomas, an ADAPT member who lives in Austin, Texas. “But we were able to go around the car barricades. it was like water going around the rocks." The following afternoon, ADAPT staged another demonstration with many crawling across the street and around police barricades, blocking traffic until they reached the front door of the hotel. It was locked from the inside. This time, 25 were arrested. The charge: blocking a fire door which was locked. Many of the ADAPT members who were arrested went on a hunger strike. Meanwhile, ADAPT members on the outside held a press conference calling attention to the problems jail staff were having providing for several of the disabled people’s needs. A final protest was held the next day. One day later, the Sparks judge who sent the hunger strikers to prison made a deal with the protesters: he let out two protesters for the price of a $100 fine. The judge had imposed a much stiffer sentence a couple of days earlier, but changed his mind in the face of a group of arrested ADAPT members who made it clear that they would rather starve and stay in jail than pay a huge fine. Meanwhile, disability groups on the east and west coasts were raising money to help support ADAPT. On the fourth day of the hunger strike, the judge relented and the fine was reduced. By the end of the day, all arrested ADAPT members had been released — and many in the group headed to Denver, for more demonstrations. In Denver — which is the home of ADAPT — the group protested at the annual conference of the Urban Mass Transit Administration (UMTA). This time, demonstrations focused on the federal government's request for a re-hearing of the ADAPT vs. Burnley case. In February, ADAPT won a major victory from the Department of Transportation (DOT) - only to have it undercut by the government. The first of ADAPT’s arguments stated that the rule saying transportation agencies should not have to spend more than 3 percent of their budget on wheelchair lifts or paratransit was unconstitutional. Second, ADAPT held that the option allowing agencies to decide whether or not to provide new buses with wheelchair lifts was unconstitutional. DOT kept flip-flopping on the issue: first it said yes, and then it backed off, asking for a rehearing to vacate the decisions. In Denver, ADAPT confronted Michael Norton, U.S. Attorney for the Tenth District in Denver. “Why is the government working against disabled rights?” asked ADAPT. Norton eventually read a 20-page statement from Attorney General Thornburgh stressing “the need for concern, compassion, and commitment” — but also saying that the law never mandated integration. “It was a really offensive statement, ” said Stephanie Thomas. “On one hand, he was affirming the government's commitment, and on the other he’s fighting tooth and nail to stop rights for the disabled.” When the case was reheard in Philadelphia on May 15, ADAPT was ready. With help from the local chapter of Disabled in Action and the Cape Organization for Rights of the Disabled (CORD), protesters gathered at the federal court building. Four ADAPT members met with the U.S. Attorney, who listened to their concerns. Two days later, a protest was staged at Independence Hall. Dressed in revolutionary garb complete with wigs, three-cornered hats and fife and drum, the “Disability Rights Patriots” marched around the Liberty Bell. Court Decision On July 24, ADAPT won a significant victory as the original ruling striking down the 3 percent cap on wheelchair and paratransit lifts was upheld. On the local option issue, judges decided that the stipulation was legal. Now, it's back in the hands of DOT, for "clarification." Meanwhile, ADAPT will be working with lawyers to plan its next strategy in the legal arena, even though the courts have dodged the issue of equal rights for the disabled. Nevertheless, ADAPT is still ready for action. “We are not going to sit around and wait for the government to put a piece of legislation through,” said Wade Blank. What's next for ADAPT? The next APTA Conference will be held in Atlanta, Georgia, September 23-28, 1989. “The court’s decision on local option will make our demonstrations in Atlanta bigger,” says Mike Auberger, a co-director of ADAPT. Sparks Nevada, Denver, Philadelphia, Atlanta. . .ADAPT marches on for rights for people with disabilities. “Someday,” says Wade Blank, “ It will be just as appalling to see buildings without ramps as it was seeing signs that said ‘Whites Only.’ ” end of article Pictures of 2 graphic symbols: One is the ADAPT no-steps logo with American Disabled for Accessible Public Transit around the outside and a circle with a set of steps rising to the right and a bar across the circle and steps with the word ADAPT on it. The other is a power fist, with wheelchair warriors written below the arm. Caption reads: These symbols are part of ADAPT’s continuing fight. Says Wade Blank of ADAPT “Someday it will be just as appalling to see buildings without ramps as it was seeing signs that said ‘Whites Only.’”
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San Francisco Examiner 10/1/87 Photo by Examiner/Gordon Stone: The frame of the picture is filled with people in wheelchairs, and people standing. All are protesters and in the center is a woman wearing glasses raises her hand in a power fist with a piece of paper in it, above her head. In front of him is a woman laying back in her chair (Laurie ___ from Chicago). Everyone is facing forward. Caption reads: CAROL RAUGUST, WITH FLYER, IS AMONG WHEELCHAIR ACTIVISTS They have a quarrel with public transit officials, convening in S.F. Title: Handicapped activists get day in court By John D. O'Connor OF THE EXAMINER STAFF The Hall of Justice resounded with victory whoops and the whirl of motorized wheelchairs as 43 'handicapped activists arrested for blockading the Powell Street cable car line got their day in court. Protesters used their arraignment Wednesday before Municipal Court Judge Philip Moscone as a platform for a new attack against the American Public Transit Association, which they say has not done enough to provide the handicapped with access to public transit. Moscone allowed designated speakers to address the court after each group of blockaders entered no contest pleas to charges of obstructing a public thoroughfare. The $50 fine the charge carried was dropped as Moscone credited the night the 43 demonstrator spent in jail as "time served." A second charge of failing to disperse was dropped "in the interest of justice," according to Deputy District Attorney Randall Knox. Jane Jackson, who spoke on behalf the first group of 14 wheelchair-bound demonstrators arraigned Wednesday, seized the opportunity to charge APTA with denying handicapped citizens of their civil rights. "It is for this reason that we believe Jack Gilstrap (APTA executive Ace president) should be asked to resign or should be forced to resign," Jackson said. "APTA is not acting in good faith." More than 15,000 public transit officials from around North America attended the four-day convention. Officials of the transit group have said they feel the access question should be handled on a local level. Jackson also said the coalition of handicapped-rights groups, which captured national media attention with four days of protests and blockades across the city, was pulling out of a scheduled meeting with APTA officials Thursday. "It's the only move left open to us," Jackson said later while members of the September Alliance for Accessible Transit and American Disabled for Accessible Public Transportation cheered her and the other blockaders as they exited the courtroom. About 75 wheelchair-bound protesters lined the hallway outside the courtroom, chanting and clapping in approval and support as each group of blockaders were arraigned and allowed to leave. "They're our heroes," said Connie Arnold of San Rafael. "They're standing up for us." During the arraignments, police, sheriff's and emergency medical personnel stood by as defendants were wheeled in or entered the courtroom under their own power. Jennifer Keelan, a 6-year-old girl from Tempe, Ariz., whose bouncy enthusiasm and apparent unconcern over her handicap captivated the press and boosted the resolve of protesters, was wheeled in by a sheriff's deputy and sat writing her name over and over again in a small notebook. Unlike the group's earlier demonstrations, Wednesday's action was peaceful and there were no arrests. Protesters had staged noisy and sometimes violent demonstrations outside the APIA convention at Moscone Center Monday and on the steps of City Hall Sunday night. Handicapped-rights group organizers said Wednesday was their last day in The City as the APTA convention at Moscone Center ended a four-day conference and transit officials left town. But protesters declared the string of rallies and blockades a success. "We made our point," said Marilyn Golden of Oakland. "Now maybe they will listen."
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RENO GAZETTE-JOURNAL Monday APRIL 10, 1989 [Headline] 49 disabled protesters arrested in Sparks Photo by Cralg Sallor/Gazette-Journal: Two men in wheelchairs are being arrested by police in the middle of the street. The man on the left, Bob Kafka, is being bent forward in his chair and being handcuffed behind his back. Across his legs he has a poster but it is not readable from this copy. The man on the left, Bill Bolte, is sitting up hold a sign about Rights in front of his chest. The policeman is standing beside him bending forward to do something to his chair it seems. caption reads: CONFRONTATION: Sparks police arrested Bob Kafka, left, of Austin, Texas, and Bill Bolte of Los Angeles. Text box has the quote: 'My rights are worth fighting for.’ Bill Bolte/demonstrator [Headline] Public transit meeting draws demands for accessibility By Darcy De Leon/Gazelle-Journal Sparks police arrested 49 disabled protesters demanding accessibility to public buses during a protest Sunday aimed at national transit officials meeting at John Ascuaga's Nugget. About 75 wheelchair-bound members of Denver-based American Disabled for Accessible Public Transportation (ADAPT) rushed two entrances of the hotel—casino about 3:15 p.m., but Nugget security officers and police inside blocked the doorways. ADAPT activists chanting, “Access is a civil right,” struggled to open the doors an confront officials with the American Public Transit Association (APTA) attending a five-day convention through Wednesday. Bob Kafka of Austin, Texas, and Bill Bolte, a Los Angeles resident, were the first protesters to he arrested. "My rights are worth fighting for," said Bolte, 57. “APTA is discriminating against us," said Kafka, who has used a wheelchair since breaking his neck in a car accident at the age of 26. "We feel that APTA is to the disabled what the KKK is to the black community.“ At the height of the protest police dragged away three demonstrators lying in the casino entrance. No injuries were reported, police said. Sparks police Lt. Tony Zamboni said that as of late Sunday night, five of the 49 demonstrators arrested had been transferred to the Washoe County jail, after their arraignment in Sparks Municipal Court. They were being held in lieu of $1,025 bond for investigation of obstructing traffic, obstructing a police officer an blocking a fire exit, Zamboni said. Arraignments continued Sunday night for the remaining protesters. Disabled residents from Reno and 30 other cities throughout the country joined in the protest of an expected appeal of a federal court order that requires all public bus systems to be equipped for wheelchairs. ADAPT filed a lawsuit asking for the decision last year. The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled in favor of the group in February. Demonstrators Sunday hoped to persuade the transit officials to work against the appeal, expected to be made by the U.S. Department of Transportation today. APTA spokesman Albert Engelken said the group's protests are “compelling and heart-rending." But he said APTA cannot afford a national mandate for the lifts, which cost $15,000 to install and even more to maintain. Engelken also cited low usage of the buses and suggested the lift requirement be a local option instead of a state mandate. “We're for accessible transportation for the disabled, and we do have it, but the local transit systems and the local disabled communities should decide what is needed because they know what's best." Reno’s Citifare would not be affected by the decision because transit officials already have made a commitment toward a 100 percent wheelchair-equipped bus system, said Bill Derrick, planning manager for the Regional Transportation Commission. All Citifare buses bought since 1984 are wheelchair-equipped, he said, and all non-equipped buses will be replaced by 1996. Mike Auberger, ADAPT founder and protest organizer, said the group has staged at least 14 demonstrations at APTA conferences during the last seven years throughout the United States and Canada. Auberger, 33, of Denver, who has been confined to a wheelchair since a bobsled accident 17 years ago, said demonstrators will follow APTA convention-goers for as long as it takes. “We’re not fighting Reno or any other city. We're fighting APTA,” he said. “We will go to jail, we'll get arrested, but so what — it's a misdemeanor. We'll do it again." Citifare accommodates the disabled more than some other cities, said Reno resident Dottie Spinnetta, 51, who suffers from muscular dystrophy and rides the buses five days a week. But RTC could improve the system by offering additional wheelchair space on the buses and bus pickups every 30 minutes instead of every hour. “I should be able to get around as everyone else can and not have to ask,” she said. “That’s what everybody wants — to be independent." The only drawbacks of using Citifare for John Civitello, 21, is that he has to get up at 4 a.m. to catch a 6 a.m. bus that takes him to his job with American Handicapped Workers. He then waits outside the office another hour until his workday begins at 8 a.m. PHOTO by Joanne Haskin: Two policemen are standing one behind the other, facing a third and behind him is a fourth officer who is using what looks like a video camera. All the police wear hats and are looking down. From their midst, the wild head of Arthur Campbell sticks out, his long white hair flying in different directions, a strange grin on his face and his intense eyebrows above his dark eyes. The police seem to be cradling him, and look down at him. Caption reads: Protest scuffle—Sparks police detain one of the ADAPT protesters that blocked the entrance to John Ascuaga's Nugget during a demonstration Sunday afternoon. Sparks police made a total of 49 arrests during the protest.
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St Louis Post Dispatch May 19, 1988 Title: Protesters Plead Guilty, Are Released By William C. Lhotka and Mark Schlinkman Of the Post-Dispatch Staff Thirty-seven disabled people arrested at wheelchair protests here this week entered guilty pleas Wednesday afternoon to charges of peace disturbance and then were released under an agreement worked out by lawyers. The court action came after members of the American Disabled for Accessible Public Transit (ADAPT) held a final protest rally outside Union Station, where an association of transit systems completed its five-day regional convention Wednesday. No new arrests were made at the 45-minute gathering, which involved about 90 people, most of them in wheelchairs. But about 2:15 a.m. Wednesday, two able-bodied men who police said were associated with ADAPT were arrested on assault charges after fighting with police on the parking lot of the Holiday Inn, 2211 Market Street. Police were called to the scene by hotel security guards who reported a disturbance. The incident had no connection with any protest or demonstration. Police said one of the officers had suffered a potentially serious eye injury. In an interview Wednesday afternoon, an ADAPT leader, the Rev. Wade Blank of Denver, denied that the two men were members of The organization. He said they were with a disabled woman from Lawrence, Kan., who had arrived in St. Louis early Wednesday. Blank said she apparently had come here to take part in the rally later in the day; he said he was unsure whether she had done so. Most of the members of ADAPT here have been staying at the Holiday Inn on Market. The protesters want the transit group, the American Public Transit Association, to push for the installation of mechanical wheelchair lifts on all buses in the United States. Association officials say that they support access for the disabled but that each local system should have the right to decide for itself how to provide such access. Protesters were arrested Sunday for blocking entrances and hallways at the Omni International Hotel at Union Station and on Tuesday for blocking buses entering and leaving the Greyhound Lines depot at 801 North Broadway. Under the agreement worked out by prosecutors and defense attorneys, Associate Circuit Judge Thomas C. Grady accepted the time the defendants served in jail after their arrests in lieu of any further sentence or fines. The judge also waived court costs. The agreement meant that the demonstrators were free to leave St. Louis. On the other hand, they have misdemeanor convictions on their records. Three of the 37 faced charges from both the Sunday and Tuesday protests. Arrested in the separate incident early Wednesday were Mike Knowlen, 22, of Lawrence, Kan.., and Dana Dower, 22, of Viburnum Mo. Police said Dower faced a felony charge of second-degree assault and misdemeanor charges of peace disturbance, resisting arrest and destruction of city property. Police said Knowlen faced misdemeanor charges of third-degree assault, peace disturbance, cruelty to an animal and interfering with an arrest. Police said the fight had erupted as police officers attempted to arrest Knowlen. Police said Knowlen had been slapping and swinging a dog by its tail on the lot and had been shouting profanities. In the scuffle, police said, Dower fell face forward onto the trunk lid of a police car. Police said Officer Barry Hinchey had been treated at Bethesda Eye Institute for an injured retina after he was struck on the face Hinchey also was treated, at St. Louis University Hospital, for a human bite wound. Officer Mark Chambers was also treated there for bruises. Bill Bryan of the Post-Dispatch staff contributed information for this article.
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Atlanta Journal 10/4/1990 Disabled protesters arrested downtown Charged in blocking of building’s doors By Bill Montgomery and Ben Smith staff writers As supporters cheered and chanted, more than 30 activists for the handicapped in wheelchairs were arrested for sealing off the Richard B. Russell Federal Building in Atlanta Wednesday. They were lifted by police aboard MARTA buses and taken to hastily arranged hearings in a parking lot at Atlanta-Fulton County Stadium. U.S. Magistrate John Strother released the activists — who are protesting U.S. government funding of nursing home care for the disabled — on personal appearance bond for arraignment in Magistrate's court on Nov. 16. The defendants face a maximum $50 fine or 30 days in jail for a class B misdemeanor, hindering access to and from a federal building. Wednesday's blockade at the Russell building by American Disabled for Attendant Programs Today (ADAPT), continued the strategy that the group used to seize the Morehouse College administration building and a nursing home association headquarters in Decatur on Monday and Tuesday. About half of the 100 protestors who appeared at 11 a.m. to blockade all street level doors refused orders by Russell Building security chief Thomas W. Woodall to move away from the entrances by 2:30 p.m. or face arrest. Several chained themselves and their wheelchairs to the revolving doors. Employees and people attempting to enter the Russell Building used a tunnel from the federal annex across the street to enter the building. Atlanta police, federal marshals and Russell Building security officers began arrests at 2:45, less than 90 minutes before some offices in the building close for the day. Protesters who moved away from the doors chanted “Free our people now!” as their arrested comrades, some grinning and flashing raised thumbs and “victory” signals, were lifted by their wheelchairs onto four MARTA buses. By 5 p.m., 31 men and women had been delivered to a parking lot across from the stadium for the hearings. The protesters are demanding that the federal government redirect 25 percent of funding for the disabled from nursing homes to home care. They argue that 250,000 disabled people are being held in nursing homes against their will, and that this shift in funding is more humane and cost-efficient.
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Title: Protest CONTINUED FROM PAGE C-1 Police arrested 17 protesters Wednesday who attempted to block the Vine Street entrance of the Westin and the Fourth Street entrance to Queen City Metro's offices. Five of the protesters who had medical conditions too severe to be easily handled in the county lockup were released on unsecured appearance bonds Wednesday afternoon. One other protester pleaded no contest Wednesday and was released with a suspended sentence. Of the remaining 11; eight were released Friday afternoon after the prosecution agreed to reduce the disorderly conduct charges against them from fourth-degree misdemeanors to minor misdemeanors, in exchange for guilty pleas. The 11 jailed protesters earlier had declined to post bonds set at their arraignments Wednesday.