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Início / Álbuns / Tag court 22
- ADAPT (560)
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. - ADAPT (624)
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. - ADAPT (686)
[This article is a continuation of the article 2 in ADAPT 690 and the entire text has been included there for easier reading.] Photo by Red Huber/Sentinel: A set of three women in wheelchairs [front to back: Kristen Castor, Barb Gutherie, Lisa Harris] sit in an aisle beside rows of empty white plastic chairs. Behind all the chairs more people in wheelchairs sit, and on the far side of the room and at the very back of the room clusters of people stand. All look tired and annoyed and face toward the front of the room. Caption: ADAPT demonstrators appear in court on Monday. They refused to pay bail. - ADAPT (690)
The Orlando Sentinel Local & state B TUESDAY, October 8, 1991 [This clipping contains two articles. Artilce 1, titled Q & A is a boxed insert. It is continued on a page that are not currently available. Article 2 continues in ADAPT 686 but the entire text of the article is included here for easier reading.] Main Title: Disabled protesters refuse to attend talks Article 1 - Title: Q&A no author given; Lauren Ritchie is interviewer. Mike Auberger discusses why the group of disabled people that he helped organize is protesting the meeting of the American Health Care Association. Auberger was interviewed Monday from his cell at the Orange County Jail by Lauren Ritchie. Question: Why is ADAPT targeting nursing home operators? Answer: The nursing home industry is a $50 billion a year organization. lf you happen to be 30 years old and disabled and live, say, in Ocala —— and there are no personal assistance programs — than you're forced into a nursing home simply because you have physical needs you can't take care of yourself. Q: Why, from your perspective, is that bad? A: If you've ever talked to anybody who's been in a nursing home, the only difference between there and jail is the color of the uniforms. The jail uses guns to keep you there; the nursing home uses pills. You have no choice about when you get up, what you wear, what you eat or don't eat and when you go to bed. When we talk about nursing homes, we talk in terms of incarceration. You never escape from a nursing home. lf you are older and disabled, you could be forced to sell your home, forced to give up everything. The issue is quality of life. Most people can be taken care of in their own homes. Q: Why does ADAPT focus on nursing homes rather than the federal goverment? A: Under the Medicaid program, each state is required to participate in nursing home funding [for the disabled]. Every time a state does a budget it has to identify a certain amount of dollars for nursing homes. If you ... please see Q & A, B-4 Article 2 Photo by Red Huber/Sentinel: The picture is divided almost down the middle by a line of police barricades. On the left side a row of uniformed police officers stand leaning forward, arms stiff, holding the barricades in place. On the right a line of ADAPT protesters (San Anontio Fuentes closest to the camera) face off with the police. Behind them several standing people look on. Caption: A steel barricade and a line of Orange County deputy sheriffs prevent protesters from reaching the doors at the convention center. Title: Deputies expect the protests will grow worse when famous speakers address the convention. By Mary Brooks, of the Sentinel Staff Disabled activists demonstrating at a convention of nursing home operators rejected an offer to meet with industry leaders Monday, calling it a ploy to end their protest. But a spokeswoman for the American Health Care Association, which is playing host to 3,500 people at its annual conference in Orlando, said members of ADAPT -- Americans Disabled for Attendant Programs - seemed more interested in drawing television cameras than in drawing up an agreement at a discussion table. Activists say they plan to continue trying to block entrances to the Orange County Convention and Civic Center until the conference ends Thursday. Deputies expect the worst will come during the visits of the convention's noted speakers. This morning, Red Cross president Elizabeth Dole will address the convention. Television weatherman Willard Scott is scheduled to speak Wednesday. In their second day of demonstrations Monday; about 120 ADAPT members clustered near the three main entrances to the convention center on International Drive. They were barred from approaching the center doors by portable steel fences and 130 Orange County deputy sheriffs. "In the past they've blocked entrances with chains. We want to prevent that," said sheriff's spokesman Cpl. Doug Sarubbi. “They have a right to be here, but the conference attendees have a right to be here. too." Two protesters were arrested late Monday after they refused to stop using a loudspeaker. The protesters, many of them in wheelchairs and a few with guide dogs, sang, chanted and shouted at convention-goers. Tension mounted for several minutes when some of the disabled rammed their wheelchairs into the barricades. There were no injuries. Organizers said the 74 protesters arrested in clashes with deputies on Sunday at the Peabody Hotel on International Drive would not post bond and would remain in the Orange County Jail. Pat Hasley, a hotel security guard who suffered a heart attack during Sunday’s demonstration, was in stable condition Monday at Sand Lake Hospital. Denver-based ADAPT wants Medicaid to funnel 25 percent of the $23 billion nursing home budget to home care for the disabled. The group also wants the chance to address convention participants. “Right now, if you're disabled and need medical services and can’t afford it, they’re going to lock you up" in a nursing home, said Stephanie Thomas, an ADAPT organizer. Demonstrators claimed that 1.6 million disabled people in nursing homes really shouldn’t be there. “We don’t think the extreme needs of a very small percentage should dictate where all the money goes,” said Molly Blank, an organizer from Denver. During about four hours of protest Monday, some convention-goers stood outside the center to watch. Ralph Frasca of Cedar Falls, Iowa, and Mary Scheider of Joliet, Ill., were among a few who ventured over to talk to the demonstrators. “They have a legitimate grievance,” Scheider said. “The main issue is at-home care, diverting funding from institutional care to home care. The funding system now is skewed toward institutional care." Frasca, a journalism professor at the University of Northern lowa, said many convention participants were tumed off by ADAPT’s approach. “The discussion thus far has not centered around issues but rather the sensationalism of the event. I think a non confrontational, peaceful dialogue should be taking place." Linda Keegan, a spokeswoman for the American Health Care Association, said the demonstration did not disturb the convention activities. She said ADAPT had not contacted the association about a meeting or about getting time on the convention agenda before Sunday. She said the health care association’s executive board has met with the group twice this year, each meeting ending in chaos. “We made a commitment to meet. They made a commitment to protest.” The association proposed on Monday to meet with ADAPT on Thursday under the condition that the activists stop protesting. “We don't think that is a good faith offer," said Thomas. The Sheriffs Office and the jail had made extensive preparations for handling the disabled protesters, including special training and added staff. Sarubbi said the Sheriff's Office would not know what the cost would be until the demonstrations are over. Ed Royal, an Orange County Jail administrator, said volunteers from jail ministries were helping to defray some of the costs of handling the disabled inmates. The jail also had to get foam mattresses, diapers, chargers for wheelchair batteries, and other special equipment. The problems of caring for the protesters are many, Royal said. Staff and volunteers had to document and administer medication, and to help inmates relieve, bathe and feed themselves. Jail officials were able to make trades for some supplies with hospitals, but other materials had to be bought. Monday morning, 37 jailed activists began refusing food and liquids and another 10 would not eat but were drinking. Medical staff were monitoring the hunger strikers and were prepared to take them to hospitals if needed, said Royal. On its lawyers’ advice, the corrections department has been videotaping the disabled inmates since their arrival. "They have a history of saying they were mistreated while in custody, so we're taking no chances," said Royal. - ADAPT (95)
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. - ADAPT (96)
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.” - ADAPT (97)
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.