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[Headline] "We Will Ride" [Subheading] Disabled Protesters Clash with Transit Authorities National Group Fights for Accessible Transit Disclosure Jan-Feb, 1989 [This article continues on ADAPT 420 but the entire text is included here for easier reading.] "These protests are the continuation of an ongoing assault," says Stephanie Thomas of American Disabled for Accessible Public Transit (ADAPT). In October, ADAPT disrupted the annual convention of the American Public Transit Authority (APTA) in Montreal with a series of protests. "We want all buses to be made accessible to disabled people," says Stephanie Thomas, who lives in Austin, Texas. "And we will continue these confrontations until that happens!" ADAPT is getting closer and closer to that goal. Last year, a task force created by APTA proposed lifts on all new buses. Nevertheless, at the Board of Directors' meeting in Montreal in October, APTA reaffirmed its current policy on transportation for disabled persons. In many cities, transportation for disabled persons means some kind of a pickup service. "It's a segregated system," says Stephanie Thomas, "and it never works out as well as it sounds. Riding public transportation is a civil right." For this civil right, ADAPT turns to civil disobedience. ADAPT has become such a force at APTA conventions that local police now prepare in advance for the group's demonstrations. In Montreal, police watched videos of ADAPT demonstrations in the U.S. and 100 police were put through a day-long training session on how to deal with the anticipated protests. But that didn't stop the ADAPT protesters, who continue to fight tenaciously for accessible transit. The four day series of actions in Montreal began on Sunday, October 1st. Despite a torrential downpour and near freezing temperatures, 120 members of ADAPT marched down Boulevard Rene Levesque to the Hotel Queen Elizabeth, APTA's 1988 convention site. ADAPT protesters were joined by representatives of their local counterpart — Le Mouvement des Consommateurs Handicapes de Quebec (MCHQ) or the Movement of Disabled Consumers of Quebec. ADAPT members swarmed across the road to enter the hotel, despite at least a one-to-one ratio of police to protesters. Even as a wall of police barricades was hastily erected, protesters climbed down from their chairs and crawled under the barriers. They were carried back by the police, but no arrests were made. That evening ADAPT took a more undercover approach. "No small feat for over 100 wheelchairs," commented Stephanie Thomas. Sneaking through back alleys and a back door, 15 people in wheelchairs were carried down a flight of stairs into one of the satellite hotels in which APTA members were staying. Meanwhile, two other `groups` converged on the front door using their wheelchairs to push aside makeshift barriers of luggage carts. Singing and chanting, ADAPT took over the lobby — blocking elevators, escalators, and stairs as APTA members looked on in shock, Finally, the police selectively arrested 28 of the demonstrators, including two who had chained themselves to the stairway. That night, a judge sentenced members of the group to a $50 fine, to be paid on the spot, or they would be faced with three days in jail, with a probation banning those arrested from entering downtown Montreal for six months. Twenty of the group refused to pay the fine and went to prison. Nevertheless, this put no damper on ADAPT's actions. Next hit: the APTA Spouses' Luncheon and Fashion Show, a favorite ADAPT target. The luncheon was held at a chalet atop Mount Royal on Mon-day, October 3. Ten more ADAPT members were arrested, as the APTA buses were stopped and the spouses were forced to walk past chanting demonstrators. On Monday night, October 3, 20 wheelchair users penetrated the Queen Elizabeth Hotel through an underground shopping area. 7 year old Jennifer Keelan, who uses a wheelchair, and her mother, were taken into custody and threatened with arrest, but were later let go. Meanwhile, in two Montreal prisons, the system was showing its inability to deal with severely disabled inmates. The ADAPT inmates were on a hunger strike. Officials decided that, due to good behavior, everyone would be out by Tuesday morning. ADAPT swung into the final phase of operation Tuesday morning. As requested by MCHQ, it was time to hit the local transit system — which is completely inaccessible to people with mobility impairments. Buses were stopped for an hour at a local bus transfer site, while a local woman crawled from her wheelchair aboard a bus and tried unsuccessfully to ride. "We are sorry for the inconvenience, but we are inconvenienced all our lives," said Wade Blank of ADAPT to the crowd. Blank is the founder of ADAPT. On Wednesday, October 5, ADAPT entered the Longueuil METRO subway station and once again tried to ride. The station had no ramps or elevators, and narrow turnstyles. 50 ADAPT members sang and chanted in the cavernous station — and cheered as 15 others crawled out of their wheelchairs, down the steps, and across the floor to the turnstyles where police blocked their passage. From the dirty platform floor, ADAPT held a press conference. We explained our simple desire to use the public transit that our taxes pay for," says Stephanie Thomas. "Lack of access is degrading for people with disabilities." The pressure on APTA is clearly mounting. APTA is now considering a resolution which strongly supports mainline transit access — ADAPT's demand from the start. In addition, Le Mouvement des Consommateurs Handicapes de Quebec has learned first hand the effectiveness of direct action techniques and has vowed to continue the pressure locally in Montreal. "In Quebec, now they are saying 'Nous serons transporte!', says Stephanie Thomas. "That means what we have been saying all along, and will continue to say: 'We will ride!" Photo by Tom Olin: On a Montreal street Mike Auberger pushing his knees through a police barricade as two officers try and hold him back. In the background another ADAPT person is also up against the barricades held by police. Caption: Mike Auberger of American Disabled for Accessible Public Transit (ADAPT) breaking through police barricade at the Queen Elizabeth Hotel where the American Public Transit Authority (APTA) was staying for its convention last October.
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St. Louis Post Dispatch, May 17, 1998 [Headline] No Arrests As Protest Continues By Victor VoIland and William C. Lhotka Of the Post-Dispatch Staff PHOTO by Jerry Naunheim Jr./Post Dispatch: Three people in wheelchairs sit in a line facing away from the camera and toward a line of men standing and facing those in wheelchairs. Behind the men standing is an ornate stone building. On the back of one of the wheelchairs is a poster that reads "Lifts = Buses For All." caption: Members of American Disabled for Accessible Public Transit facing a line of plainclothes police officers Monday in front of the Omni International Hotel at Union Station. About 50 protesters, half of them in wheelchairs, continued a peaceful demonstration at Union Station on Monday against a public transportation association meeting inside. No one was arrested. Meanwhile, 11 of 41 demonstrators arrested on Sunday filed a $2.5 million suit late Monday against the city and three police officers. The suit accuses officials at the City Workhouse of taking blood from those arrested against their objections. It also charges police with violating the protesters' right of free speech by refusing to allow them to talk to the press while they were in jail. The demonstrators, who belong to a group called American Disabled for Accessible Public Transit (ADAPT), are protesting the policies of the American Public Transit Association, which is holding a regional conference at the Omni Hotel at Union Station. The conference opened Saturday and continues through Wednesday. The ADAPT group wants the association of bus and train operators to adopt a national policy in support of equipping all public buses with wheelchair lifts. It has demonstrated against the association at its meetings for the last several years. Charges against 38 of the 41 arrested were dismissed Monday by Associate Circuit Judge Henry E. Autrey because authorities had failed to get warrants within the 20-hour period following arrest, as required by law. Three protesters were released on their own recognizance and ordered to appear Wednesday in the court of Judge Thomas C. Grady. They are charged in warrants with trespassing and disturbing the peace, both misdemeanors. George Kinsey, commissioner of adult correctional services, said it was standard procedure to take blood and perform tests on all prisoners entering the City Jail or Workhouse to screen for venereal diseases, tuberculosis and other communicable diseases. On Monday morning, remnants of the 150-member ADAPT group wheeled down Market Street from their rooms at the Holiday Inn Downtown to Union Station and the Omni and were met with a phalanx of uniformed and plainclothes police outside the main hotel entrance. Workers erected a makeshift barrier of concrete pylons and orange plastic fencing to separate the police line from the wheelchair protesters who drew up opposite. "I want Mr. Gilstrap to know he's got an angry parent out here and that I want the same human dignity afforded to my daughter that is given to an able-bodied person," one of the protesters, Cynthia Keelan of Phoenix, Ariz., barked through a battery-powered bullhorn. She was pushing her daughter, Jennifer, 7, who is crippled from congenital cerebral palsy. The girl is segregated and treated as a second-class citizen because she must use a wheelchair, her mother charged. Jack R. Gilstrap, executive vice president of the American Public Transit Association, declined to meet Monday with the protesters, who repeatedly chanted his name. Gilstrap told a reporter later that the association supported the idea of accessible public transportation for the elderly and handicapped. Implementing such access is difficult because President Ronald Reagan's administration has slashed the federal transit program by 47 percent since 1981, he said. He added that paratransit vans and buses — so-called dial-a-ride vehicles — are used much more frequently and are more cost efficient than buses equipped with wheelchair lifts. Gilstrap said that the Bi-State bus system in St. Louis offered both the dial-a-ride vans and lift-equipped buses. Tom Sturgess, a Bi-State spokesman, told the protesters that the system would have two-thirds of its buses equipped with lifts by next year. Lonnie Smith of Denver, one of the plaintiffs in the suit, said he was one of the first people to be subjected to a blood test at the city Workhouse after his arrest on Sunday. Showing a reporter the puncture on the inside of his left arm where the needle had been inserted, Smith said he had been told that he had no choice — that he would be held down unless he submitted to the blood test. end of article
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San Francisco Bay Guardian 9/23/87 Disabled to march for transit access By: Cheryl Davis When members of the American Public Transit Association gather in San Francisco during the last week of September, they will be met by disabled people from across the country who plan to demonstrate against a national transit policy they say is unfair because it separates them from other transit users. Specifically, disabled activists intend to protest the widespread use of special vans to transport disabled riders door-to-door, a system commonly referred to as “paratransit.” That system, they say, is a form of segregation. In its place, they argue, all buses and trains should be equipped to accommodate people in wheelchairs as part of as overall policy fully integrating the disabled into society. “Full accessibility,” they argue, is a right that should not be denied because of cost. Paratransit is impractical as well as offensive, disabled transit riders say. Burr Overstreet, a Santa Rosa man who uses a wheelchair, called paratransit “a paternalistic system that screws people over, costs a fortune and it’s the first thing cut during economic downturns.” Paratransit users “are made to feel like helpless hospital patients,” Les Treece-Sinclair, a wheelchair user and staff person at the September Alliance for Accessible Transportation, a Northern California coalition, told the Bay Guardian. Most Bay Area transit districts, including the San Francisco Municipal Railway, use a combination of buses with lifts and paratransit vans for disabled and elderly patrons, and California law requires that all new buses be equipped with lifts. Local transit agencies have a good reputation nationally for working closely with disabled and elderly patrons. But, even so, there are problems. “Supposedly we [in Marin] have one of the better systems,” Overstreet said. “The combination of fixed-route and paratransit should in theory be fairly effective, but it’s not. The paratransit only runs Monday through Friday, 9 am to 3 pm. Disabled riders have to reserve in advance and disabled people who work cannot use such a paratransit system either to work or to socialize.” “Paratransit doesn’t come close to meeting the transport need of elderly and handicapped people,” said Treece-Sinclair. “At the moment, on many bus lines only every third or fourth bus will be accessible.” Jose Rodriguez, a public information officer for the Metropolitan Transit Commission, told the Bay Guardian Bay Area transit districts “are working hard to meet a basic level of service but we are aware of the need for improvement. As always, this is contingent on securing needed funds.” The debate between disabled people and much of the public transit industry centers around interpretations of Section 504 of the 1973 Rehabilitation Act, which states that persons with handicaps cannot be discriminated against under any program receiving federal funds. Since mass transit relies heavily on federal funds, Section 504 serves as a rallying point for disabled activists who argue for making all public transit wheelchair-accessible. The U.S. Department of Transportation in 1979 issued regulations that required full wheelchair access on newly ordered buses and called for retrofitting existing buses and modifying portions of existing rail systems to accommodate disabled users. Disable activists applauded the regulations, but APTA lobbied Congress vigorously, claiming the regulations were costly, unworkable and designed to reach only a small percentage of the disabled population. A 1979 Congressional Budget Office report supported APTA’s claims and called instead for paratransit systems. APTA sued to overturn DOT’s regulations and the U.S. Court of Appeals for the District of Columbia ruled in 1981 that the regulations exceeded the scope of the Rehabilitation Act. DOT interim regulations gave local communities the option of determining levels of accessibility and many transit districts opted for paratransit. Paratransit advocates argue that outfitting buses with lifts and other special equipment is too expensive, given the number of disabled riders. Santa Clara County Supervisor Tom Legan, for example, said at a January board meeting, “We’re spending $3.5 million per year [maintaining] lifts for what amounts to 57 boardings per year.” But disabled activists say the official estimates of disabled ridership are too low. Palo Alto resident Brian Bolitho, who uses a wheelchair, told the Bay Guardian his commute to work alone account for more than 200 boardings per year on Santa Clara buses. Dennis Cannon, a transportation, specialist the federal Architectural and Transportation Barriers Compliance Board, told the Bay Guardian, “The actual use of accessible buses could be five times higher, or more, than transit agency estimates. The driver often simply guesses the number of obviously disabled passengers.” Much of the expense of repairing lifts, Cannon added, could be avoided by improved maintenance and better training of bus operators. Some APTA members, Canon said, are reappraising the adequacy of paratransit. James Lee, accessibility coordinator for Alameda County Transit, agreed. “Since 1976, study after study has documented the inadequacy of paratransit. It is not cost-effective, nor is it demand responsive,” he told the Bay Guardian.
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Rocky Mountain News 10/16/84 Denver- Boulder rides offered to handicapped By JOSEPH B. VERRENGIA Rocky Mountain News Staff Writer The Regional Transportation District started offering special rides between Boulder and Denver for handicapped passengers Monday amid criticism from disabled activist that the new service is a form of illegal segregation. “We’re not looking for special, we’re looking for equal,” said Wade Blank, spokesman for the disabled protect group called Adapt. “Basically, we’re being segregated.” RTD contracted with Special Transit Systems Inc. of Boulder to provide the new service. It will operate on weekdays during rush hours between the Boulder Transit Center, 14th and Walnut streets, and down town Denver, outside the Market Street Station. Morning Trips leave Boulder at 6:30 a.m. and arrive in Denver at 7:15 a.m. The bus starts its return trip to Boulder at 8:30 a.m., arriving at 9:10 a.m. Afternoon trips leave Boulder at 4 p.m. and arrive in Denver at 4:40. The return trips leave Denver at 5:30 p.m., arriving in Boulder at 6:20. The rides require reservations at least three business days in advance. Special door-to-door service by STS is available the rest of the day. The fare is $1.75 each way, the same as a regular RTD express bus ride. RTD officials are offering the service as a compromise to handicapped riders who demand that wheelchair lifts be included on new over-the-road buses scheduled for purchase next month. Those buses would be used for express runs to Boulder, Evergreen and Conifer. Without the special service, RTD officials said, disabled people would have no public transit between Denver and Boulder. “Perhaps as an interim problem-solver, it (the special service) is done in good faith,” Blank said. “But I hope it wouldn’t be a permanent alternative. Most people don’t know their plans (for bus riding) three days in advance."
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[Headline] Handicapped Pin Hope on Atlantis By Sharon Sherman Denver Post Staff Writer The word "activist' once scared a group of young Handicapped Denverites. But after almost two years of wheeling themselves onto picket lines, sitting through meetings with government agencies and speaking out about the problems of being shunted out of the mainstream of society, they agree that the term activist describes what they have become. And they are proud of it. "At least we're actively trying to do what we can instead of sitting back and wishing', is the way Carolyn Finnell, 31, sees the new role of many physically handicapped young people. [Subheading] Buses for Handicapped Carolyn, and others like her in the handicapped community, helped convince the Regional Transportation District to begin adding buses equipped for the handicapped. They have testified at various hearings about problems of the disabled. [TEXT UNREADABLE] They are among the principal planners of the Atlantis Community, a project which would offer the physically handicapped many types of residential living arrangements with services they need available nearby. Carolyn, who has cerebral play which confines her to a wheelchair and distorts her speech, said it was hard to "face speaking out" to rooms full of strangers, but that living with other young adults at Heritage House Nursing Home youth wing has "brought me out a lot." [Subheading] Stayed Inside Shell If Mike Smith, 20, had had his way, he would have stayed inside his shell of poetry writing, reading, and discussing philosophy and listening to music. "I don't like being in politics, but it seems that's the way we have to go,'' Mike explained. " I guess you have to lose a little to get a lot.'' Linda Chism, 27, believes that for the first time, there are enough young disabled people ready and willing to push themselves forward, to speak out, that there is a chance of changing the entire lifestyle of the handicapped. For Mike Smith, those changes may come too late to be enjoyed. [Subheading] Depressed, Angry Mike has muscular dystrophy, a fatal disease. He has spent the past five years in nursing homes, living in one where, at 15, he was punished for breaking rules and being sent to the locked ward for 24 hours at a time. Finally, lonely for friends his own age, depressed at watching his elderly roommate die of cancer, angry at rules which confined him to the small world of the nursing home, Mike attempted suicide. "Luckily, I had no idea how to go about it," he remembers. "I took 20 bowel softener pills and instead of dying just created an incredible mess." For Mike, as for Carolyn, the youth wing at Heritage House is infinitely better than what they had before. But, Mike points out, once the first door that closes any human being away from the rest of the world is opened, that human being will see other doors to open. So it has been for Carolyn, who counted fishhooks for five years in a sheltered workshop before someone recognized her potential. [Subheading] Wants Meaningful Job Now, with a degree in journalism from Community College behind her, Carolyn wants some other things she's not getting out of life. Things like a meaningful job, an apartment of her own where she won't have to keep half her belongings in boxes under the bed, the privacy to entertain friends. "I'm probably living a more active life than I ever have before", she said, explaining that she now edits the youth-wing newsletter and is learning braille so she can tutor blind students. Having come so far, Carolyn's not willing to stop here. Neither is Linda Chism, who has had crippling rheumatoid arthritis for 20 years. Linda has "suffered a lot of surgery and a lot of hard, hard therapy" to become fairly mobile. She has taken three years of courses in biology and psychology at the University of Colorado. She was even offered a full-time job. [Subheading] System Inflexible But the system doesn't allow even the disabled who are capable of supporting themselves to do so, Linda said. If she was paid even minimum wage, she would earn too much and would lose her Social Security benefits. But it would take much more than a minimum wage salary to pay living expenses plus the $150 a month it would cost her to get to work and back. In addition, she would no longer receive Medicaid assistance, and medical bills for someone in Linda's condition are enormous. "Who's going to pay a beginner with no experience that much money?" she asked. [Subheading] Innovative Projects For now, for these and other physically handicapped young adults, the boundaries of their world still don't go far beyond the nursing home walls. But those boundaries will expand dramatically if the young disabled can find support for two innovative projects. One is Project Normalization, a one year pilot study to find out what services young people in nursing homes need to live as normal a life as possible. The project would be conducted at the young wing of Heritage House and is estimated to cost $241,872. The state Department of Social Services has suggested that the pilot project be run by the Department of Physical Medicine of the University of Colorado Medical School. Members of the department now are investigating that possibility. [Subheading] Denied Normal Life "Disabled people are often denied any resemblance of a normal life," the project introduction says. "Because of the segregation they encounter, and the sheltered nature of their early lives, when they reach young adulthood they are incapable of functioning satisfactorily in society and so are banished to nursing homes where the repressive, nonstimulating and socially undemanding environment serves only to multiply their social inadequacies and further depersonalize them. As its creators see it, Project Normalization would begin to to prepare handicapped young adults for the kind of independent living they hope Atlantis will someday offer. [Subheading] Create a Community Atlantis is an ambitious project, planned by a group of both handicapped and able bodied persons, which would create a community of residential units surrounding a hub housing medical, rehabilitative employment, counseling, homemaker, transportation, food and social services. The goal of the community will be to "provide needed services while respecting the individual resident's freedom and privacy," according to the project booklet. For some of the prospective tenants of Atlantis, that goal can't be realized too soon. "I just sort of wish they'd hurry, " said Mike Smith. "Some of us have fatal diseases, you know, I only have two or three years to wait. "
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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!"
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Dallas Times Herald, Saturday Nov. 24, 1984 [Headline] Wheelchair activist adopt radical tactics Los Angeles Times WASHINGTON — It was a scene reminiscent of the 1960s civii rights demonstrations as angry protesters chanted slogans, picketed the White House and stopped traffic before they were finally dragged away by police. And the series of confrontations that ended with 27 arrests last month all seemed to come down to a similar central issue —- the right to sit on a bus, to have full access to public transportation. There was one striking difference, however. Unlike Rosa Parks and the black civil rights activists who battered down the Jim Crow barriers in the South, these protesters were in wheelchairs, and their goal was equal access for the physically handicapped. "It's a civil right to be able to ride public transportation," says Julia Haraksin, a wheelchair-bound Los Angeles resident who participated in the demonstrations. Organizations representing handicapped persons long have urged Washington to require that all new buses and rail systems built with funds from the Department of Transportation's Urban Mass Transportation Administration be equipped to accommodate handicapped riders. But Haraksin and other handicapped individuals are beginning to press the old arguments with more radical tactics. Frustrated by years of negotiating, lobbying in Washington, going through the courts and staging non-confrontational protests, some handicapped activists now are resorting to confrontations and civil disobedience. Thus, early in October, 100 members of a newly formed coalition called American Disabled for Accessible Public Transit confronted a national meeting of city transportation heads here, using the kind of civil disobedience tactics used 20 years earlier by Dr. Martin Luther King Jr. Protesters were arrested when they blocked entrances and buses of those attending the American Public Transit Association convention. “The strategy was to physically be a barrier because handicapped people have to face barriers all their lives," Wade Blank, a founder of Denver-based ADAPT, said. Calling the protests here “our Selma," leaders of ADAPT claimed a public relations victory and promised their struggle has only begun. They already are focusing their efforts on what they hope will be a larger demonstration at the next meeting of the American Public Transportation Association a year from now in Los Angeles. But their cause may be in for a tough battle. Their opposition comes from the Reagan administration, from many city governments and even from within the handicapped community. And as public attention focuses on the underlying budget choices involved, the opposition may swell with the addition of taxpayers concerned about the possible costs of a national full-access program. ADAPT argues a legal right to full access for the handicapped already exists. Federal law states Urban Mass Transportation Administration funds — which account for about 80 percent of the costs of the equipment in most municipal transportation systems —- cannot be spent on programs that discriminate against, or exclude, the handicapped. The law does not make clear, however, whether handicapped persons must be provided with access to regular bus lines or whether they can instead be provided with alternative transportation systems. Nor does it indicate who should make that decision. Current Department of Transportation policy, which is strongly supported by the American Public Transportation Association, allows each city to make its own decision on what type of transportation it will provide for the handicapped. This is in sharp contrast with Carter administration policy, which in 1979 interpreted federal regulations to mean full access. Members of ADAPT, opposing the separate-but-equal philosophy, argue that paratransit does not meet the needs of the handlcapped and is inherently discriminatory. “lt segregates the disabled people trom the able-bodied community," Mike Auberger, an organizer for ADAPT, said. Because paratransit requires advanced scheduling, sometimes weeks before a ride is needed, he said, “you have to schedule your life according to the transit system." Transit authorities, on the other hand, argue full access can be too expensive, given the low percentage of handicapped riders in many cities. Lift-fitted buses cost an estimated $8,000 to $10,000 more than regular buses. Furthermore, lift systems are often unreliable and time-consuming to operate and maintain, authorities add. In Denver, for example, the transportation district has spent $6.3 million to purchase or retrofit buses with lifts, 80 percent of which was paid for by the federal government, according to spokesman Gene Towne. Since it started mainline access in 1982, the district has spent close to $1 million in maintenance of the lifts and expects to spend an additional $900,000 this year. Yet only 12,000 of the district's 38 million riders use the lifts, according to Towne. ADAPT counters the issue is not cost but civil liberties. "In America, we have a way of hiding our prejudices with pragmatism," said Blank, a Presbyterian minister and veteran of the civil rights and anti-war movements of the 1960s who now supports handicapped activists. Across the country, cities are using a variety of approaches to the problems of providing mass transit for the handicapped. ln Los Angeles, mainline access is required by state law. Although 1,850 of the Southern California Rapid Transit District's 2,400 buses are fitted with wheelchair lifts, some local advocates charge that broken lifts, drivers who do not know how to use the equipment or refuse to do so and an overall lack of commitment to providing access limits the system. [Bottom of the page is torn so missing text is included in brackets, as it is just a guess.] In Seattle, 570 of 1,100 buses serve the handicapped, providing about 5,900 rides a month. [The] Municipality of Metropolitan Seattle also contracts with groups to supply paratransit [vans] and half-fare cab service, [providing] 8,400 rides a month. In Denver, 432 of the [city's] buses are lift- or ramp-[equipped] providing more than 1,00[0 rides] per month. The city also [uses] vans and small buses in a transit system that provides [x number of] rides a month. None of Chicago's 2,400 [mainline] buses is fitted with lifts. [Instead] the city provides 42 [paratransit] buses, which offer 12,000 [rides per] month.
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San Antonio Express News, 4/22/85 Photo by Express News: A woman stands (Doris Rae?) behind an older man in who is seated (Frank McColm). Both are yelling, their faces full of passion. caption reads: wheelchair protesters [Headline] Disabled blast transportation, Protest inaccessibility by Gary Martin, Express-News Staff Writer About 50 disabled rights activists from across the nation rolled through downtown San Antonio streets in wheelchairs Sunday, protesting inaccessible public transportation for the handicapped. The group of protesters, American Disabled for Accessible Public Transportation (ADAPT), headed the march into the lobby of the Hyatt Regency Hotel where the American Public Transportation Association (APTA) is holding a five-day conference. Chanting “We will ride" and “Access now," the group presented a resolution to APTA officials, asking for support of federal regulations that would force local communities to install wheelchair lifts in all public transportation vehicles. Jean Stewart, spokeswoman for ADAPT, said the group wants 100 percent accessibility to all public transportation nationwide and accused APTA of segregating disabled riders by not supporting federal regulation of the industry. “To us there is no difference between riding a different bus and riding in the back of a bus if you’re black,” said Stewart, a resident of Poughkeepsie, N.Y. A San Antonio marcher, Rachel Rodriguez of 7180 Oaklawn Drive, said she was forced to ride VIAtrans vans in San Antonio because buses were not accessible for handicapped patrons. “You feel like your rights are violated,” she said. “lt‘s not a matter of riding in the back of the bus, it's a matter of not riding at all.” The group met wit APTA officials only after refusing to leave the Hyatt registration desk. Defending current policies of APTA, Vice President Jack Gilstrap said each community should have the opportunity to design its own system for its own particular needs. "There is no place for federal regulations,” he said. Gilstrap also accused the ADAPT group of trying to take away “this wonderful system" that has increased its service to disabled riders by l0 times over the past few years. Hecklers attacked Gilstrap and the VIA Metropolitan Transit System saying the convention site, San Antonio, had the worst accessible public transportation system in Texas. Although no VIA officials attended the rally, General Manager Wayne Cook said the local system contains 20 vans that carry 9,000 disabled riders each month. Cook said VIA purchased the vans instead of placing lifts in its buses after a committee representing the disabled requested the special access vans. At a cost of $1.2 million, Cook said the local system will spend four times more for disabled riders than the federal government requires. “We are very dedicated to serving the handicapped in San Antonio," he said.
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HIGHLIGHTS OF THE COURT DECISION The following is a summary and explanation of the court's decision by Timothy M. Cook, the attorney who argued the case on behalf of ADAPT. The court: l. Struck down, as contrary to federal disability civil rights law, “local option,” the DOT policy that allows transit systems the option of providing transit to persons with disabilities only if we make advance reservations, sometimes several days in advance, and then only in segregated settings. 2. Required that every bus newly purchased with federal assistance must be accessible. No retrofitting is required; the ruling only applies to future purchases. The court said that because transit systems may phase in accessible buses, the ruling would not lead to any undue financial burdens for transit systems. 3. Required that transit systems provide both accessible mainline transportation for those who can use accessible buses, and adequate paratransit to serve those who cannot. 4. Struck down the 3 percent cost cap under which DOT deemed transit systems to be in compliance with federal disability civil rights laws once they spent 3 percent of their operating expenses on disability access. As important as the holdings in the case are the language and rationale used by the court in reaching its conclusions. The 73-page, decision is laced with integration-oriented statements and phrases derived from the corpus of race and gender discrimination cases. Thus, the case sets forth a new charter for interpreting laws like Section 504, stating that Congress’ plain intent was to eliminate the segregation of persons with disabilities. It’s good cause for celebrating. But neither too long nor too loudly, for the war is not yet won. We must press forward on two important fronts before that day comes: l. First and foremost, DOT has 90 days from the date of this decision to decide whether to seek an appeal to the U.S. Supreme Court. This decision will be made by DOT and the Department of Justice, but the White House will also be involved. It is important that we mobilize quickly and inundate DOT, Justice, and the White House with letters from all of us, urging them to embrace the Court of Appeals Decision. Remind President Bush of his campaign promises to integrate persons with disabilities into all aspects of American life. Without access to public transit, as we all know, that is impossible. And just last week President Bush, in his speech to the joint session of Congress, reiterated his commitment to bring persons with disabilities into "the economic mainstream." Letters should go to: William Skinner Secretary of Transportation 7th & Maryland Ave., SW Washington; D.C. Dick Thornburg Attorney General Dept. of Justice 9th & Penna. Ave. NW Washington, D.C. C. Boyden Gray Counsel to the President 1600 Pennsylvania Ave. Washington, D.C. And, of course, to President Bush at the White House. 2. We must move forward in support of the Americans with Disabilities Act (ADA), using the court decision as additional impetus. The ADA, which will be reintroduced in the Congress soon, will require that all new buses and transit facilities be accessible. Urge your Senators and Congressperson to climb onto the bandwagon and be a co-sponsor of the ADA when it is reintroduced. If we can get the ADA enacted, there will be no need for any additional court fights.