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Tuis / Albums / Sleutelwoord court 22
Datum bygevoeg
ADAPT (508)
The Handicapped Coloradan AUTUMN 1989, VOL. 12, NOS. 4 & 5 [This is the full text of an article that appears in ADAPT 508 and 504] [Headline] FEDS GIVE IN! [Subheading] It ain't over till it's over—and it’s over A struggle that began ten years ago in falling snow on the streets of Denver may have ended this October in Atlanta, the city where Martin Luther King, Jr., preached the value of civil disobedience from the pulpit of the Ebenezer Baptist Church. As more than a hundred demonstrators held the Richard B. Russell Federal Building hostage, representatives of President Bush and the American Disabled for Public Transportation (ADAPT) hammered out an agreement that will eventually put a wheelchair lift on every bus in America. The statement stopped short of a full promise to mandate lifts, but it did contain this Statement: "Full accessibility in public transit is the President's policy." And it did promise that the government would try to prevent any transit system from purchasing non-equipped buses before the Americans with Disabilities Act (ADA) is adopted. That measure does mandate full accessibility and is expected to be approved by Congress and signed by the President. Privately, federal negotiators told ADAPT that they would guarantee that no more systems buy liftless buses, according to informed sources, who said that a videotape of this promise exists. It is probably too late to block the purchase of non-accessible buses in Pittsburgh and Albuquerque, however, since these cities have already had their proposals approved. The Atlanta agreement comes in the wake of a decision by the U.S. Court of Appeals for the Third Circuit in Philadelphia that reaffirmed an earlier decision by the court that persons with disabilities must be provided effective access to public transportation services throughout the nation. In the 9-3 ruling, the Court of Appeals struck down a regulation issued by the U.S. Department of Transportation limiting the amount that transit systems had to spend on disability access to three percent of their operating budgets. The Court said that the limit was "arbitrary and capricious.” By an 8-4 vote the Court ruled that existing buses need not be retrofitted but that all new buses must be equipped with lifts. Timothy M. Cook, director of the Washington-based National Disability Action Center, who argued the appeal on behalf of ADAPT, said the decision will lead to the adoption of multi-modal systems that include accessible mainline buses as well as door-to-door transit for those who are unable to board lift-equipped buses. The July 25 ruling reaffirmed a similar ruling made in February by three of the judges. That decision had been appealed by the DOT. The Court of Appeals has sent the case back to the lower court with instructions that it set a specific time-table for the issuance of new regulations by the Secretary of Transportation. One of ADAPT's founders, Wade Blank, said the court decision and the concessions made by the President in Atlanta were very satisfying, but that somehow the group was unable to celebrate, at least in a formal fashion. “I went down to a meeting [of the RTD Handicapped Advisory Council] and told the people there that we had won this great victory, and most of them didn't even know what I was talking about," he said. Blank said the accessibility victories that had already been won in Denver had made these people complacent. It was a different story in Atlanta, however, where scores of demonstrators from across the country had converged to picket the annual convention of their arch-nemesis, the American Public Transit Association (APTA), which has consistently opposed any attempt to require mainline wheelchair accessible service. ADAPT has been picketing national and regional conventions of APTA since the organization met in Denver in 1983. Except for Denver, where the demonstrators had the endorsement of the city’s mayor, Federico Pena, those meetings have been marked by demonstrators being arrested for picketing the APTA convention headquarters and for blocking city buses. The story was a little different in Atlanta where the demonstrators made a token push at the barricades around the Hilton Hotel on Sunday, Oct. 24, before they moved on to their real objective, the Russell Federal Building, the next day. Wheelchair protesters poured into the building, jamming hallways and blocking elevators, which trapped federal employees on the top floors of the building. At 6 p.m. federal marshals moved in and began physically removing demonstrators, but with little success. As marshals pried open a door and wheeled one demonstrator out, several more sped inside. One demonstrator managed to be escorted out of the building seven times. It was a game of musical wheelchairs until President Bush intervened, ordering the marshals to let the demonstrators back into the building. Things quieted down until the next day, Tuesday, Oct. 26, when the demonstrators once again poured into the building and blocked the elevators. “It got a little ugly," Blank said. "Some of the disabled people were attacked by federal employees." But even as demonstrators and federal employees were battling to see who would eventually gain control of the building, the historic agreement that would end non-accessible public transit was being signed. ADAPT had won, although a few blocks away APTA officials were arguing that the group had not been instrumental in the decision. With a public transportation victory in their hip pocket, ADAPT turned its attention to the private sector on Wednesday by halting bus service at the Greyhound terminal in downtown Atlanta for more than five hours. Demonstrators blocked the driveways and in some cases chained themselves to the drivers’ steering wheels. More than two dozen of them were arrested, but all were later released on their own recognizance. Greyhound regional manager Tom Street said that only four buses, carrying a total of 80 passengers, left Atlanta during the siege, instead of the normal 20 buses and 600 passengers. Greyhound has a “Helping Hands" program where persons in wheelchairs may ride the buses so long as they are accompanied by an able-bodied friend, who rides free. Demonstrators said that this policy severely restricts their freedom of travel. They were also upset that Greyhound does not allow battery operated wheelchairs to be transported on their buses. Boxed Text: Text of statement signed by Feds, ADAPT in Atlanta The following is the text of the statement issued on Sept. 26, I989, in Atlanta by representatives of ADAPT and the federal government. We have had the opportunity to meet with representatives of the disabled community here in Atlanta today. We have mutually agreed to the following points: 1. The Urban Mass Transportation Administration will recommend to Secretary Skinner that officials of the Department of Transportation and representatives of the disabled community shall promptly meet and confer for the purpose of establishing a process for identifying and dealing with any eleventh hour attempt to circumvent the principle of accessibility prior to the adoption and effective date of the Americans with Disabilities Act. Full accessibility in public transit is the President's policy, We are making this recommendation because the Department cannot issue a summary order commanding immediate accessibility, including wheelchair accessibility for all transit. We would, if we could. 2. Because the President shares the sense of urgency of the demonstrators here in Atlanta for the passage by the House of Representatives of the Americans with Disabilities Act, we have agreed to recommend that a workable arrangement be negotiated to accommodate a continuing symbolic presence by the disabled community at the Richard B Russell Federal Building. 3. We have also agreed to communicate to Secretary Skinner the concern expressed here that the current rule-making for implementation of the Air Carriers Access Act of 1986 is not on a sufficiently tight timetable and should be resolved at the earliest practicable date. End of boxed text. PHOTO (by Tom Olin?): A medium close up of Lillibeth Navarro, a small Phillipina, who leans forward intensely, chanting or yelling full force. She sits in her motorized chair her right hand in a fist resting on her armrest. Her large glasses and glossy dark hair seem almost out of place with her intensity. She is wearing and ADAPT shirt that says "I Will Ride" and has the old "no steps" (a set of steps covered with a circle and a diagonal bar across - the no symbol) logo surrounded by "American Disabled for Accessible Public Transit." On the left shoulder of her shirt you can see the list of cities ADAPT had held actions. In her lap a bandanna covered with the "no steps" logo. Caption: I am a disabled person. Hear me roar.
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Photo (by John Spink/Staff): Close up of a manual sports wheelchair's wheels. Person in chair is only partially shown holding the push rim. On the spoke guard of the back wheel are 4 bumper stickers that form a square around the hub: 2 read Proud and disAbled, one partially obscured sticker reads I (heart) Park Mill and the 4th one is unreadable. A second manual wheelchair is just visible behind the first one and the legs of someone standing behind that second chair. Caption: A disabled protester uses wheelchair stickers to make a point during Wednesday’s demonstration at the Greyhound bus station. 9/98 [Headline] Demonstrators Get Suspended Fines by Alma E. Hill, Staff Writer Twenty disabled protesters pleaded no contest Thursday in Atlanta Municipal Court to disorderly conduct charges growing out of a demonstration at the Greyhound bus station that blocked buses for almost five hours. Each of the protesters received a $75 fine that was suspended by Chief Judge Andrew Mickle in a plea bargain agreement. State criminal trespass charges filed against six other protesters were dismissed. A hearing on two aggravated assault charges against another demonstrator was rescheduled for early January, Judge Mickle said. The court session marked the end of three days of demonstrations by more than 100 ADAPT activists to protest the lack of wheelchair lifts on public buses and private intercity carriers. Although the group did not succeed in its initial demands to obtain an executive order from U.S. Transportation Secretary Samuel K. Skinner requiring all new buses purchased with federal dollars to have lifts, ADAPT leaders were claiming a victory. The demonstrators obtained promises from transit and federal transportation officials to meet with them. Also, they are counting on federal transit officials to discourage transit operators from making hurried purchases of buses without lifts before federal law mandates the devices.
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U.S. to mandate bus service for disabled By The Associated Press WASHINGTON — The government announced plans yesterday to require that all federally aided bus systems buy only vehicles that are accessible to the disabled and provide special door-to-door transit for those who can’t make it to bus stops. Requiring both access and special services for all systems is expected to “increase significantly the amount and quality of service available to persons with disabilities,” said a Transportation Department announcement. In Denver, all buses owned by the Regional Transportation District are equipped with wheelchair lifts, and the district also provides a door-to-door service for handicapped riders. Groups representing the handicapped praised the Washington announcement and a transit industry spokesman said bus companies are prepared for it. The proposed rule, expected to become final in September after a period for public comment, would match some of the requirements of legislation pending in Congress and meet the key transportation demands of disabled-rights activists. More than 150 people were arrested in two incidents last week during demonstrations in Washington for the Americans With Disabilities Act. “The Bush administration is committed to policies that will ensure that people with disabilities have the opportunities available to other persons to use our mass transit system,” said Transportation Secretary Samuel Skinner. Announcement of the proposed rule met the requirements of a Philadelphia federal court order that required the department to examine and change existing regulations but did not mandate what the changes should be. The order came in a suit by more than a dozen groups representing the handicapped.
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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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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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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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THE HANDICAPPED COLORADAN Volume 7, No. 3 Boulder, Colorado October 1984 PHOTO: A man in a leather brimmed hat, long hair beard and moustache down vest and jeans, seated in a motorized wheelchair (Mike Auberger), leans to his right as he is surrounded by abled bodied people. Back to the camera, a man plain clothes is partially in front of him, papers sticking out from his back pocket. A uniformed officer is also back to the camera and is holding Mike's arm which in front of Mike. A second uniformed officer is doing something behind Mike's back while a woman stands up on the sidewalk to his side watching with her hands on her hips. (She was an organizer with National Training and Information Center and was assisting with the Access Institute.) cation reads: D.C. Police Arrest Denver Disabled Protestor MIKE AUBERGER, a community organizer for the Atlantis Community in Denver and a member of the American Disabled for Accessible Transit (ADAPT) is arrested by Washington, D.C., police outside the Washington Convention Center where the national convention of the American Public Transit Association (APTA) was just getting under way. A spokesperson for APTA said that the demonstrations only delayed the start of the convention by a few minutes. Inside the convention hall Secretary of Transportation Elizabeth Dole abandoned her prepared text and said the administration was working to provide public transit for the disabled. Outside the hall, demonstrators branded the secretary's plan as another “separate but equal" scheme and demanded that the federal government require all public transit systems be made accessible to the handicapped. Demonstrators not only blocked the entrances to the convention but also surrounded chartered buses that took delegates from their hotel to the convention center. The disabled activists represented a number of cities, including Denver, Syracuse, N.Y., Boston, El Paso, Los Angeles and Chicago. Additional photo on page 4. 28 Busted in D.C. The 28 disabled activists who were arrested for civil disobedience during the national convention of the American Public Transit Association (APTA) in Washington, D.C., last month are trying to raise $1500 to make their bail money by a Dec. 3 deadline. At the same time, they're preparing to carry their demand that the APTA members buy only wheelchair-lift equipped buses to the transit organization's regional convention in San Antonio on April 20. The Texas contingent from the American Disabled for Accessible Public Transit (ADAPT) under the leadership of Jim Parker of El Paso has been especially militant in their demands. Taking their lead from an editorial in the September Handicapped Coloradan, a coalition of of Texas disabled groups met in San Antonio and voted to ask transit systems in Texas to withdraw from APTA unless it goes on record supporting accessibility. The Colorado chapter of ADAPT was planning to introduce a similar resolution to Denver’s Regional Transportation District (RTD). APTA's position is that accessibility should be left to the discretion of the local transit provider, Although the Carter administration mandated accessibility in public transit, APTA was successful in getting that ruling thrown out in a l98l court battle. ADAPT maintains that the disabled have a civil right to public transit. Jack Gilstrap, APTA's executive vice president, reiterated that position as wheelchair demonstrators seized buses in front of the White House and hurled their chairs at police lines outside the Washington Hilton and Washington Convention Center during APTA's late September meeting. Gilstrap said that the funds just weren't there to support a mandatory system, adding that the additional burden might jeopardize some transit systems. However, since the convention ADAPT has been approached by APTA's new president, Warren Franks, the director of the Syracuse, N.Y., transit system, who has requested a meeting in Denver with wheelchair activists. "The Syracuse ADAPT group has been pretty active," said ADAPT spokesperson Wade Blank. "Franks must be pretty worried about what might happen there if he wants to meet with us.“ ADAPT was organized in Denver one year ago by some of the same groups and individuals who had been involved in forcing RTD to adopt a pro-accessibility policy when purchasing new buses. That battle too was highlighted by militant demonstrations with wheelers chaining themselves to the doors of RTD headquarters. In contrast, demonstrators restricted themselves to orderly pickets when APTA held its national convention in Denver in 1983. But ADAPT only abandoned its plans for civil disobedience after APTA met its demands to address the entire convention on accessibility. APTA's national staff fought that request and allegedly threatened to pull the convention out of Denver at the last minute, but finally agreed to allow ADAPT to address the meeting after Denver Mayor Federico Pena intervened. There was no question that ADAPT would be offered the same treatment at the Washington convention. Although they didn't get a spot on the agenda Blank said his group made their point by capturing the attention of the capital's media. Even before the convention opened, ADAPT made its presence known by joining forces with local D.C. activists to seize seven Metrobuses and block the five blocks along Pennsylvania Avenue in front of the White House during the afternoon rush hour. Demonstrators released the buses an hour later when D.C.’s Metro General Manager Carmen E. Turner agreed to meet with Washington disabled leaders to discuss their demands for a fully accessible system. No date has yet been set for that meeting, which ADAPT said marked an historic first in the Washington area. No arrests were made during that demonstration, although Washington police moved several demonstrators out of the street. But on the following Monday and Tuesday 28 demonstrators were arrested as they tried to block buses leaving the Washington Hilton for the convention center and again at the convention center itself. The police threw up lines as picketers arrived but were unable to halt the advance of the demonstrators, who wedged their chairs in the hall's doors or hurled their bodies onto the ground. Mike Auberger, one of those arrested, said the police "were abusive -- there's no doubt of that," but he added that this was probably pretty typical. “Let's face it," he said, "these guys probably have to deal with demonstrators all the time." They don't mess around when they get started. Auberger said he was grabbed by the hair and pulled back so that his chair was resting on its back wheels. Two other demonstrators were thrown from their chairs and taken to local hospitals where they were released after being treated for minor injuries. Police had to bring in special vans with wheelchair lifts in order to cart demonstrators off to jail, where they were fingerprinted and rushed into court. "Only the doorway between the holding cells and the courtroom was too narrow to get our chairs through," Auberger said, "so they had to take us in the back way." Some of the disabled picketers were surprised that the police reacted with such force, according to Auberger. "l think it opened a few eyes," he said. ADAPT filmed the demonstration, and a 20-minute edited version is being shown as part of a fundraiser to pay the bails of those arrested, about half of whom were from Denver. Congresswoman Pat Schroeder (D-Denver) has agreed tn help raise money, but because of previous campaign commitments said she would be unable to participate until after the first of the year.
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Rocky Mountain News, Fri., Sept. 2, 1977, Denver, Colo p.6 [Headline] Handicapped seek ruling on RTD service By CLAIRE COOPER News Staff Wheelchair-bound witnesses Thursday urged a federal judge to order the Regional Transportation District to equip new buses with devices to facilitate transportation of the disabled. RTD has 231 buses on order. Only 18 of them will be outfitted for passengers in wheelchairs. Handicapped and elderly plaintiffs have filed a lawsuit in Denver U.S. District Court claiming RTD will discriminate against them if it fails to provide them with suitable bus transportation. The plaintiffs have asked that the buses be equipped with boarding ramps or hydraulic lifts and with interior devices to hold wheelchairs in place. During the hearing before Judge Richard P. Matsch, an arthritic youth complained that he faces “social isolation“ because of lack of transportation. ROBERT CONRAD SAID. “lf l don‘t get out, l’ll go crazy. I don't like looking at four walls." Conrad said it’s often impossible for him to board regular buses because oi‘ the pain in his legs. When he can do it, he said, he suffers embarrassment because it takes him three minutes to negotiate the steps. Other witnesses also complained about the social and psychological consequences of being unable to use the public transportation system. Glenn Kopp said he feels like “a second-class citizen.” Kopp is co-director of Atlantis Community Inc., an organization of disabled persons. His job is to help the handicapped become self-sufficient. But for Kopp to go to work, he said, "I have to depend on somebody to pick me up.” Carolyn Finnell said, “I just don't like using people as tools" for transportation. Marilyn Weaver said the lack of transportation isolates her from" her friends and her parents. "They do come to see me, but it would be nice sometime to go home," she said. Ms. Weaver and others testified that economic burdens are forced on them by the necessity of hiring private transportation. Ms. Weaver said she spends about $120 a month, one-fifth of her income, for “ambocabs," a private taxi service for passengers in wheelchairs. Ambocab charges $18 for a round trip, Kopp said. Ms. Weaver claimed the high cost deters all but essential use. “I should be getting therapy more than I do,“ said the 38-year-old polio victim, adding that her financial situation determines whether she can afford transportation to her therapist. SEVERAL WITNESSES said confinement to their neighborhoods means they have to pay more for groceries and other necessities. Kopp said he doesn’t like to ask friends to take him shopping because it takes along time him to go through the stores. The witnesses said RTD’s HandiRide service for the disabled isn't a good solution to their transportation problems because it makes only scheduled stops at medical facilities, schools and places of employment. Ms. Weaver, who works at Atlantis, said she takes the HandiRide to work because she starts at a set time. But she has no set quitting time, so she can't take it home. According to the complaint, HandiRide serves fewer than 150 persons. The complaint says about 17,600 persons in the Denver-Boulder area are being denied public transportation because of "unnecessary physical and structural barriers in the design of transit buses." Lawyers representing RTD have not presented defense testimony. The hearing continues Friday.
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Rocky Mountain News 9/5/81 Denver, CO Handicapped buoyed by judge's ruling By JANE HULSE, News Staff A Denver judge Friday dismissed charges against 20 able-bodied protesters who invaded the Denver mayor's office last spring because 23 other protesters in wheelchairs had not been ticketed. That, said County Judge Edward A. Simons, is reverse discrimination. The unusual ruling by Simons was hailed by the handicapped community as a "significant” victory. The ruling stemmed from a protest May 15 in the office of Mayor William H. McNichols Jr. concerning budget cuts that would affect handicapped residents. The demonstrators were ordered to leave the building at 5 p.m. after McNichols refused to meet with the group about the cuts in the city’s health-care systems budgets. When the group refused to leave, those in wheelchairs were not ticketed, but the able-bodied protesters were charged with interference —- a misdemeanor carrying a maximum penalty of 90 days in jail or a $300 fine. None was taken to jail and booked. The attorney for the protesters, John Holland, argued that his clients were entitled to equal protection under the law and that the law shouldn’t be enforced selectively against one group. “It takes a message to the mayor that he can’t insult the disabled community by ignoring them," said Wade Blank, a spokesman for the disabled. “The disabled are telling me that next time (they meet with McNichols) he will have to treat them differently.” He said the ruling will cause the handicapped people to become even more outspoken and demonstrative about fighting for their rights. Knowing they would be subjected to jail at demonstrations doesn't frighten them, he said, noting that the jail has wheelchair access. Blank said the city’s decision to ticket only those demonstrators who were not in wheelchairs had the effect of making the handicapped feel as if they weren't being recognized as people. “It made them feel like second-class citizens he said. He said the handicapped demonstrators knew they were breaking the law by refusing to leave and “they were willing to pay the price.” According to the ruling, the city decided not to ticket the handicapped for fear that some weren't able to remove themselves from the office or didn’t understand the orders to leave. But Simons noted that “the time and resources were available to make those determinations." The judge also stated, “The fact that none of the disabled persons were charged in spite of their active resistance to leaving renders the city's evidence insufficient to overcome the inescapable conclusion that the defendants have been denied equal protection of the laws.”
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Rocky Mountain News, Tues., Oct. 19, 1992 Denver, Colo. RTD seeks to nullify handicap law By SUE LINDSAY News Staff Another skirmish in the ongoing battle waged by Denver’s handicapped to gain access to the city's bus system was staged Monday in Denver District Court, with the Regional Transportation District asking the court to declare the Colorado Handicapped Act unconstitutional. An organization of the handicapped has asked Judge Harold D. Reed to order RTD to purchase no buses that won't accommodate the handicapped and to retrofit older buses according to an agreement reached during a federal court case in 1979. The district court suit, filed in January, was triggered by RTD’s purchase of 89 buses to be delivered in 1983 without wheelchair lifts. RTD is trying to sidestep the provisions of that agreement, arguing that the federal regulations on which it was based no longer exist. RTD also wants the judge to declare the Colorado Handicapped Act unconstitutional because it is overbroad and too vague to be followed. THE JUDGE HEARD arguments by both sides Monday and said he will rule on the matter Nov. 9. Lawrence D. Stone, an attorney representing RTD, argued that the Colorado Handicapped Act is merely an expression of the Legislature's intention of how the handicapped should be treated. Stone argued that the statute prohibits discrimination but doe§n’t require any specific “affirmative actions” — such as buying only buses that contain wheelchair lifts. “The Legislature intended to enact the statute simply as an encouragement for the handicapped to be brought into the mainstream of society," Stone said. “They were encouraging rather than mandating better service for the handicapped. Any efforts are voluntary, and the voluntary efforts of RTD have been substantial.” Stone said that 50 percent of RTD buses are accessible to the handicapped during rush hour and all of them are during non-peak hours of operation. Stone also argued that the statute, which sets maximum criminal misdemeanor penalties of up to 60 days in jail and a $100 fine, is too vague and too broad to be enforced. Stone said the act doesn’t specifically define who is included and what must be done to comply with the statute. “We must guess at its meaning,” Stone said. "lt is clear that the act is a declaration of state policy. But is it a crime to fail to heed a policy of the state?” Stone argued that, apart from the Colorado statute, lawyers for the handicapped have misconstrued the meaning of a stipulation signed by RTD to resolve a federal suit over the handicapped buses issue. John Holland, an attorney representing the Atlantis Community, which filed the suit, said he and his clients understood that RTD was agreeing to purchase buses with wheelchair lifts and retrofit all buses purchased after February 1977 in compliance with federal regulations in effect at the time. Stone said RTD merely agreed that its “intention” was to achieve accessibility at the earliest practical date. He argued that RTD never promised that all of its buses would accommodate the handicapped. Calling the dispute “a legal and political war between the disabled and RTD," Holland said, "There was no doubt whatsoever that RTD knew for certain (that) what the plaintiffs wanted was total accessibility of buses. This has been our consistent demand everywhere. It's very simple what the agreement means. lt means that all buses must be made wheelchair accessible.” HOLLAND CHARGED THAT RTD was trying to weasel out of the agreement because the federal regulation in effect at the time it was reached has changed. At the time, federal regulations made it mandatory that new buses accommodate the handicapped. The mandatory regulation was dropped in July 1981, leaving the earlier regulation in force that encourages localities to do this and provides federal funding for the wheelchair lifts. “RTD made an agreement with us, and now RTD argues that it should not be bound by the settlement but to the law as it evolves and changes," Holland said. Reed called the stipulation “about as unclear a stipulation as I’ve ever read in my life. I don’t know what it means yet." The judge wondered aloud whether the parties had purposely used “tortured language” to solve the immediate problem, knowing they would wind up back in court.
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Rocky Mountain News Photo by Rocky Mountain News staff photographer David L. Cornwell: An officer pushes a man in a motorized wheelchair [George Roberts] across a wide brick sidewalk, as 2 buses and a car go by on the downtown street. Further up the sidewalk 2 other uniformed officers are standing and even further down, a motorcycle policeman. Caption reads: Officer Gerald Fitzgibbons pushes George Roberts from scene of Friday's demonstration. Roberts and Renate Rabe were arrested in protest. Pena staff to mediate RTD tiff with handicapped By JOSEPH B. VERRENGIA Rocky Mountain News Staff Writer As handicapped demonstrators blocked Regional Transportation District buses with their wheelchairs for the second straight day Friday, Mayor Federico Pena's staff stepped in to referee a growing dispute over broken wheelchair lifts. “Perhaps part of the ultimate answer will be to allow the disabled community to be part of the decision-making process," Pena aide Dale Sadler said Friday. “What we're hoping for now is to get everyone to talk." But Sadler could only watch as Denver police quickly arrested George Roberts and Renate Rabe as the pair rolled their wheelchairs in front of an RTD bus at 17th and California Streets at 12:25 p.m. Roberts and Rabe were the second and third members of the militant disabled-rights group known as ADAPT to be booked into city jail in two days in connection with obstructing a government agency and blocking traffic. Mike Auberger of Denver was arrested Thursday at the intersection of East Colfax Avenue and Cherry Street when he rolled his wheelchair in front of a bus with a broken lift. Auberger, who was jailed for about three hours, is scheduled to appear in Denver District Court March 12. He faces $250 in fines. Roberts and Rabe were released Friday afternoon. Roberts is scheduled to appear in court Feb. 25. Rabe is scheduled to appear March 15. ADAPT protesters have vowed to block buses at busy intersections throughout the six-county transit district for 80 days — or until the RTD board of directors agrees to spend $753,059 budgeted to fix the balky electrical systems on 303 lift-equipped buses. RTD has one of the nation's most accessible public transit systems with lifts installed on about half of it's 750-bus fleet. However, disabled passengers complain that they frequently suffer frostbite in the winter as four or five buses with broken lifts pass them. They said they have a right as taxpayers to ride regular bus service, rather than plan their lives days in advance around the limited schedules of van services. “A wheelchair lift on a bus means a disabled person can live wherever he wants and shop wherever he wants," Auberger said. “The (RTD) board doesn't have the right to tell me where to live and shop. They might as well put me back in a nursing home." The demonstrators offered to cancel Friday's rally in exchange for a meeting with RTD General Manager Ed Colby. RTD officials said Colby had taken the day off Friday, but agreed to meet with the protesters minutes before their scheduled protest. That wasn't good enough, ADAPT leaders responded. “Colby had all last night and this morning to respond to us,” said Wade Blank, an able bodied demonstrator who organized the protests. “He was just a little late." RTD board members will discuss the transit agency's handicapped access policy for the handicapped and its lift repair record Tuesday at a committee meeting.
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The Cincinnati Post 6/26/68 Local report Courts Title: Wheelchair protestors ignore court CINCINNATI - The arrests of four wheelchair-bound protestors were ordered after they failed to appear for their trial today in Hamilton County Municipal Court. The four men were charged with disorderly conduct during protests against Queen City Metro and transit officials here for a conference. Defense attorney Joni Wilkins said she wrote a letter to each of four men - George Florum, of Colorado Springs: Colo.; Rick James of Salt Lake City; Kenneth Hart, of Denver, Colo.; and Arthur Campbell, of Louisville, Ky. -- advising them of the court date. Only Campbell acknowledged the letter, she said. Judge J. Howard Sunderman ordered warrants for the arrests of the four on a charge of failure to appear in court and forfeiture of the $1500 unsecured bonds of each defendant. Ms. Wilkins said it is unlikely any of the four would return to Ohio where they could be arrested on the warrants.
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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.
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Arizona Republic Saturday, April 11, 1987 Title: Wheelchair Activists are Released from Jail By J.F. Torrey The Arizona Republic Sixteen wheelchair activists who had blocked city buses and picketed a transportation convention earlier this week were released Friday after three days in jail. The 16 pleaded no contest to a variety of misdemeanor charges, including trespassing and obstructing a public thoroughfare. Phoenix Municipal Judge Michael Lester sentenced the defendants, all members of the Denver-based American Disabled for Accessible Public Transit, to three days in jail. They were credited with the three days they had served and released. Phoenix police made 73 arrests this week of people in wheelchairs who had blocked buses and disrupted meals and meetings held in conjunction with the Western meeting of the American Public transit Association. The 16 released Friday had been arrested Tuesday after they rolled their wheelchairs in front of buses at the downtown Phoenix Transit System terminal and several other bus stops. The group wants all mass-transit buses equipped with lifts for handicapped passengers. A number of those jailed Wednesday had been arrested at the earlier demonstrations, and it is common for people arrested a second time on misdemeanor counts to be jailed, said Sgt. Brad Thiss, a Phoenix police spokesman. The hearing for 14 of the defendants was held in a room at Maricopa County Durango Jail because of the difficulty of transporting the defendants to the Madison Street Jail, where hearings usually are held. Two protesters held at Madison Street were released Friday night. Joe Rossano, a spokesman for the county Sheriff’s Office, said that inmates usually are held at Madison Street but that the group of 14 protesters was brought to Durango so they could be kept together and have more exercise room. “We wanted to keep them all in one spot,” he said. “This is a nice, low stress jail. It’s nice and airy. They had access to a patio, outside. If you have to go to jail, go to Durango.” However one of the defendants, Robert Kafka, 41, said near the end of the hearing that the protesters had filed nine grievances against Durango, alleging improper medical care. “It’s an abomination that this jail accepted handicapped people when they were not able to take care of them,” Kafka said. Earlier in the day, Rossano said that the handicapped inmates had received double mattresses and that those with bedsores had been given sheepskin covers. Kafka said no sheepskin covers were handed out. When the hearing bean, Lester ordered it closed to everyone but court personnel, attorneys and defendants because of the small size of the room. After reporters covering the hearing protested and Lester consulted with M. Louis Levin, the presiding judge of Phoenix Municipal Court, he allowed the press to attend the hearing but barred supporters of the defendants. Ken Skiff, a court-appointed attorney for the defendants, said, ‘I had them all read the police reports and they agreed that they were accurate , and I felt that the sentence would be appropriate because there would be no fine and no probation.” Tom Timmer, a deputy city attorney who prosecuted the case, said he agreed to the plea agreements because “this is the best resolution for all concerned.” Police on Sunday night arrested 29 people in wheelchairs who were blocking entrances to Rustler’s Rooste restaurant at the Pointe at South Mountain. Conventioneers were attending a steak fry at the restaurant. On Monday, five protesters were arrested outside the downtown Hyatt Regency hotel for continually blowing their wheelchairs’ horns. On Tuesday, 39 more arrests were made of protesters who blocked buses at the downtown terminal, at First and Washington streets, and at several other sites, including bus stops at the Capitol and Central Avenue and Van Buren Street.
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San Francisco Chronicle 10/1/87 PHOTO by Steve Ringman, the Chronicle: A line of wheelchair protesters file down a hallway lined by other wheelchair protesters and supporters. There is one man directing and a policeman looks on. The line of protesters is lead by Greg Buchannan, then Mike Auberger, then Stephanie Thomas, another woman, then Joe Carle. Media, supporters and onlookers line the hallway. Caption reads: Supporters cheered more than 100 wheelchair protesters as they rolled into court in San Francisco yesterday for arraignment. Boxed Text: 'They're our heroes. They're standing up for us and everybody.' Title: Wheelchair Protesters' Day in Court By Jack Viets and L. A. Chung The San Francisco protests by wheelchair demonstrators seeking better access to public transportation finally rolled to an end yesterday in a Hall of Justice courtroom. Since Sunday, a total of 134 of the demonstrators have been arrested during a series of protests that ranged from a rally at San Francisco's City Hall to a 2 1/2 hour shutdown of the city's historic Powell Street cable car line by a wheelchair army Tuesday. The protests were staged to oppose the policies of the American Public Transit Association, which ends four days of meetings today in San Francisco. Groups representing disabled persons contend that all transit vehicles, even the historic cable cars, should be accessible to wheelchairs. Although there were more demonstrations yesterday, there were no new arrests.' The 43 protesters who were held Tuesday night in a Hall of Justice gym on misdemeanor charges stemming from their arrests were all released yesterday. They had pleaded no contest to a charge of obstruction. Municipal Court Judge Phil Moscone waived $50 fines in light of the time they had spent in custody. Some 90 other protesters who had been cited but not booked also pleaded no contest and their fines also were waived. Outside the courtroom, the hallway echoed with cheers and applause from nearly 100 other persons in wheelchairs as the first group of 14 wheelchair defendants to appear before the judge were released. "They're our heroes," said Connie Arnold of San Rafael. "They're standing up for us and everybody." Inside the jammed courtroom, 6-year-old Jennifer Keelan — the youngest person to participate in the demonstrations — sat in her wheelchair and watched the proceedings with her mother, Cynthia. "I am her parent," her mother said. "But this is her disabled family and these are her brothers and sisters." Earlier in the day, during a bizarre demonstration of just how tough the access problems of the disabled really are, a band of people in wheelchairs were denied access to the federal Department of Transportation offices at 211 Main Street. The entire building is leased by the General Services Administration. When they rolled into the building's elevators to visit the 11th floor offices of the Urban Mass Transportation Administration and the secretary of transportation's regional representative, electrical power to the elevators was abruptly shut off. The visitors were informed by a man in a blue blazer that they were in a private building and not a public building, and that police would be asked to remove them if they did not leave. He identified himself as the building manager, but refused to give his name. Amid cries that they were experiencing George Orwell's "1984," the protesters began chanting: "We will ride. We will ride." However, the elevators did not move. Shortly after noon, San Francisco police warned the demonstrators that they were "on private property, and we ask you to disperse." If they failed to leave, the demonstrators would be arrested, officers said. Police did promise the wheelchair visitors that they would be given ample time to make their way out of the building.