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+ Rehabilitation Act of 1973 - section 504 2
ADAPT (350)
San Francisco Bay Guardian 9/23/87 Disabled to march for transit access By: Cheryl Davis When members of the American Public Transit Association gather in San Francisco during the last week of September, they will be met by disabled people from across the country who plan to demonstrate against a national transit policy they say is unfair because it separates them from other transit users. Specifically, disabled activists intend to protest the widespread use of special vans to transport disabled riders door-to-door, a system commonly referred to as “paratransit.” That system, they say, is a form of segregation. In its place, they argue, all buses and trains should be equipped to accommodate people in wheelchairs as part of as overall policy fully integrating the disabled into society. “Full accessibility,” they argue, is a right that should not be denied because of cost. Paratransit is impractical as well as offensive, disabled transit riders say. Burr Overstreet, a Santa Rosa man who uses a wheelchair, called paratransit “a paternalistic system that screws people over, costs a fortune and it’s the first thing cut during economic downturns.” Paratransit users “are made to feel like helpless hospital patients,” Les Treece-Sinclair, a wheelchair user and staff person at the September Alliance for Accessible Transportation, a Northern California coalition, told the Bay Guardian. Most Bay Area transit districts, including the San Francisco Municipal Railway, use a combination of buses with lifts and paratransit vans for disabled and elderly patrons, and California law requires that all new buses be equipped with lifts. Local transit agencies have a good reputation nationally for working closely with disabled and elderly patrons. But, even so, there are problems. “Supposedly we [in Marin] have one of the better systems,” Overstreet said. “The combination of fixed-route and paratransit should in theory be fairly effective, but it’s not. The paratransit only runs Monday through Friday, 9 am to 3 pm. Disabled riders have to reserve in advance and disabled people who work cannot use such a paratransit system either to work or to socialize.” “Paratransit doesn’t come close to meeting the transport need of elderly and handicapped people,” said Treece-Sinclair. “At the moment, on many bus lines only every third or fourth bus will be accessible.” Jose Rodriguez, a public information officer for the Metropolitan Transit Commission, told the Bay Guardian Bay Area transit districts “are working hard to meet a basic level of service but we are aware of the need for improvement. As always, this is contingent on securing needed funds.” The debate between disabled people and much of the public transit industry centers around interpretations of Section 504 of the 1973 Rehabilitation Act, which states that persons with handicaps cannot be discriminated against under any program receiving federal funds. Since mass transit relies heavily on federal funds, Section 504 serves as a rallying point for disabled activists who argue for making all public transit wheelchair-accessible. The U.S. Department of Transportation in 1979 issued regulations that required full wheelchair access on newly ordered buses and called for retrofitting existing buses and modifying portions of existing rail systems to accommodate disabled users. Disable activists applauded the regulations, but APTA lobbied Congress vigorously, claiming the regulations were costly, unworkable and designed to reach only a small percentage of the disabled population. A 1979 Congressional Budget Office report supported APTA’s claims and called instead for paratransit systems. APTA sued to overturn DOT’s regulations and the U.S. Court of Appeals for the District of Columbia ruled in 1981 that the regulations exceeded the scope of the Rehabilitation Act. DOT interim regulations gave local communities the option of determining levels of accessibility and many transit districts opted for paratransit. Paratransit advocates argue that outfitting buses with lifts and other special equipment is too expensive, given the number of disabled riders. Santa Clara County Supervisor Tom Legan, for example, said at a January board meeting, “We’re spending $3.5 million per year [maintaining] lifts for what amounts to 57 boardings per year.” But disabled activists say the official estimates of disabled ridership are too low. Palo Alto resident Brian Bolitho, who uses a wheelchair, told the Bay Guardian his commute to work alone account for more than 200 boardings per year on Santa Clara buses. Dennis Cannon, a transportation, specialist the federal Architectural and Transportation Barriers Compliance Board, told the Bay Guardian, “The actual use of accessible buses could be five times higher, or more, than transit agency estimates. The driver often simply guesses the number of obviously disabled passengers.” Much of the expense of repairing lifts, Cannon added, could be avoided by improved maintenance and better training of bus operators. Some APTA members, Canon said, are reappraising the adequacy of paratransit. James Lee, accessibility coordinator for Alameda County Transit, agreed. “Since 1976, study after study has documented the inadequacy of paratransit. It is not cost-effective, nor is it demand responsive,” he told the Bay Guardian.
ADAPT (206)
Village Voice, March 4, 1986, p.27 [Headline] NAT HENTOFF: America’s Apartheid [This was part of a series of articles Mr. Hentoff wrote for the Village Voice on disability issues and people with disabilities in our society.] PHOTO in center of page, Photo credit Michael Rondou / Press - Telegram: A slight man (Bobby Hartwell) in a somewhat rickety manual wheelchair sits in front of a large city bus [number 4405]. Through the windsheild a very beefy uniformed man, perhaps the driver, stands arms resting in front of him. Behind and to the side of this first bus is a group of three police men standing and conferring. Behind them a couple of other wheelchair riders are blocking a second bus. Behind that bus a third is barely visable. Text box above the photo: “Anatomy is not destiny and never has been.” The photo caption: A demonstrator holds a bus hostage In Long Beach, California: Because of the way the bus is built, the demonstrator can't get on. [Italicized] A “caste” of. . . persons has been created [in America]. Members suffer a stigma of abnormality, inferiority, and dependency, are provided with separate facilities and programs, and are encouraged to interact only with others of the same caste. [Italicized ends] —Robert Funk, Director/Attorney, Disability Rights Education and Defense Fund, Inc. [Italicized] Black people started a movement when they were forced to sit in the backs of buses. We're not even allowed on the buses. [Italicized ends] – Julie Haraskin, during a nonviolent direct-action demonstration in Los Angeles by ADAPT (American Disabled for Accessible Public Transit) Barry Giddings is a citizen of the United States who lives in Philadelphia. In 1981, he was shot in the neck and became a quadriplegic. The only way he can get around is in a wheelchair. Until December 10, 1985, he and his brother lived in his mother's home. On that day, Mrs. Giddings and her family were evicted. She went to Philadelphia's Division of Adult Services to get shelter for herself and her sons. Mrs. Giddings was told that she and her nondisabled son would be provided shelter, but Barry Giddings would have to provide for himself. Why? Because he was disabled. The apparatchiks tried to make Mrs. Giddings understand that they had no choice in this matter. Taking care of her disabled son's needs, they explained, would cost more money than was being spent on the average homeless soul in the city's shelters. Then there were the costs of additional insurance premiums to cover the city if this quadriplegic were taken in. Then where should he go? Was this man to be thrown out into the street to lie there until he died? Not our problem, said Philadelphia's Division of Adult Services. Lest you think that the decision to wholly abandon this disabled man was made by some low-level employee devoted to the increasingly popular notion that inconvenient people should be terminated, the person who sent Barry Giddings into the night was following the policy of Philadelphia's Division of Adult Services. A relative arranged to have Giddings taken into Jefferson Hospital for the night because the staff there, unlike the folks at Adult Services, could not bear leaving him without shelter. They put him in the emergency room. The next day, he was removed to Magee Rehabilitation Hospital, although he did not require hospitalization. What he required, was a place to stay, and Magee Rehabilitation Hospital couldn’t keep him because providing shelter wasn't its' function. Barry Giddings, with the help of Stefan Presser, an American Civil Liberties Union attorney, took the city of Philadelphia to court. The class action suit charged that the city policy discriminates against homeless people who are disabled, and thereby violates their Constitutional right to equal protection under the law as well as their rights under Section 504 of the Federal Rehabilitation Act of 1973. That statute forbids discrimination against the handicapped in any program receiving Federal funds, and Philadelphia's Division of Adult Services, as part of the Department of Human Services, does receive Federal money. The city of Philadelphia quickly caved in, placed Giddings in a temporary shelter and said it would find permanent housing for him and his mother. As Stefan Presser points out, a particularly shocking thing about the case was that although the city had been engaged in a vigorous campaign to get the homeless into shelters, it had this firm policy of shutting out the disabled among the homeless. "There's no telling," Presser told me, “how many disabled people have been turned away until we got the policy changed, and who knows what happened to them? Some of the organizations for the disabled inform me that from time to time they've had phone calls from people who have been refused shelter because they're not able-bodied, but when they got to the phone booth from which the call was made, there was no one there." Ralph Ellison's Invisible Man could have a counterpart in the experiences of the nation's disabled for many, many years. As Robert Funk, Director of the Disability Rights, Education and Defense Fund, wrote in 1981: “American society, under the guise of humanitarian efforts, has developed a record, with respect to treatment of disabled persons, that is a history of isolation and discrimination inflicted upon them because of their ‘handicaps.’ This history, manifested in the attitude of ‘out of sight, out of mind,' carried out through policies of custodialism, has resulted in an ostracized, invisible minority denied access to organized society." This year, in his part of a forthcoming book, Images of the Disabled/Disabling Images, Funk makes the corollary point—— and see if any of this applies to you ---- that "the general public does not associate the word 'discrimination' with the segregation and exclusion of disabled people. Most people assume that disabled people are excluded from school or segregated because they cannot learn or because they need special protection. So too, the absence of disabled coworkers is simply considered a confirmation of the obvious fact that disabled people can't work. These assumptions are deeply rooted in history. Historically, the inferior economic and social status of disabled people has been viewed as the inevitable consequence of tho physical and mental differences imposed by disability." I know a young woman whose disability is athetosis, a form of cerebral palsy, which affects her speech and the way she walks. She is a first-class writer --- a published writer --- and a graduate of Harvard Law School. Currently in Hartford, she specializes in state regulation of automobile and homeowners’ insurance. Her name is Lisa Blumberg and she wrote me recently: "If nondisabled adults spent more time talking to disabled adults, they would learn that anatomy is not destiny and never has been." But because many disabled adults are segregated from the rest of the population, misconceptions about them, along with ignorance of who they actually are, continue to create more discrimination. For instance. Michael Landwehr of the Council for Disability Rights in Chicago, born with spina bifida, was disabled during surgery when he was 12. He is a graduate of the University of Illinois. Landwehr watched with great interest when in 1973 Congress enacted Section 504 of the Rehabilitation Act forbidding discrimination against the disabled in any programs or activities that receive Federal funding. So what has Michael Landwehr's life been like since 1973? “I have been denied an apartment based on my disability," he says. “Last year I was uprooted from home when the commuter train I took to work refused to let me continue riding without an attendant. I was told I could not buy a ticket in the first-class section of an airliner unless I also purchased a ticket for an attendant. I have been denied jobs and promotions on the basis of my disability. Every day I am denied access to public transportation. [He is in A wheelchair.] “Hundreds of thousands of disabled persons remain incarcerated in nursing homes and institutions, isolated from every aspect of community life, denied their right to vote, denied the right to education and employment. Disabled people remain the most unemployed and underpaid group in the country. For every dollar earned by a nondisabled white male, a disabled white male earns 52 cents, a disabled minority male earns 25 cents, and a disabled minority woman earns 12 cents." But the disability rights movement is gathering momentum and has already brought about some changes. Accordingly, by the end of this decade, there is likely to be a stretching of public consciousness concerning this form of American apartheid that has largely been ignored during the rise of all the other movements for equal protection under the law-—blacks, women, Native Americans, homosexuals and lesbians, Hispanics, et al. Future columns will include an exploration of the nonviolent direct-action arm of the disability rights movement, which is currently the most vigorous continuation of the Martin Luther King-Saul Alinsky legacy. The series will also go into the history of legislation and court action concerning the disabled; the seemingly infinite ways in which the disabled are distorted, sentimentalized, and underestimated by the press, television, and films; a battery of very specific legislative recommendations by the disabled; and a good deal more. One of the underlying themes is a comment by Vassar Miller, who has published eight volumes of poetry, one of which was nominated for the Pulitzer Prize. In her early sixties now, she was born with cerebral palsy. “What handicaps me far more than my physical condition," she says, “is the reaction society has to it. And, no less important, my reaction to society's reaction." Vassar Miller has edited a new book, Despite This Flesh (University of Texas Press), an extraordinarily illuminating collection of short stories and poems about the disabled. If public television had any imagination, a striking series could be made from Despite This Flesh. It ranges from pungent, poignant, and sharply funny evocations of childhood to a resoundingly erotic poem about a paralyzed man, "Seated Nude" by Richard Ronan. In her introduction, Vassar Miller tells of how, when she was a child, before there was ever such a thing as special education or mainstreaming, her stepmother “had tried to enroll me in a private school. ‘They just looked at me and started talking about God!‘" her stepmother said in dismayed tones when she came home. By the time the 1980s are over, a picket line of the disabled might elbow God aside and change the admissions policies of a school like that. The pressure is rising inside the disabled to break out of their caste, to be visible, to be part of whatever the hell's going on that they want to be part of. Consider ADAPT (American Disabled for Accessible Public Transit). In a number of cities around the country, its members have been demonstrating and getting arrested in protests against the lack of lifts on buses and the absence of ways of enabling the disabled to use other forms of public transportation. On October 6 in Los Angeles, a march of some 280 disabled ended at the Westin Bonaventure Hotel, where the American Public Transit Association was holding a convention. This was the scene, as described in The Disability Rag (Box 145, Louisville, Kentucky): "Attempts by ADAPT members to descend to the main lobby of the Bonaventure on the one elevator connecting the lobby with the street level were met with police resistance. Security forces turned off the elevator and escalators. Police blocked doors to prevent other disabled people from entering the hotel. Chants of ‘We Will Ride!‘ filled the Bonaventure from protesters inside and out. A number of ADAPT marchers, determined that conventioneers would not be able to use the escalators either, tried to block the escalator entrances or to throw themselves down the steps....By Monday, the Bonaventure had become a police-held fortress.“ I bet you never thought disabled people could do anything like that. It's just the beginning. As an ADAPT organizer yelled at a crowd of the disabled in Los Angeles, “We've got to get over our slave mentality!"