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ADAPT (441)
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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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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This story in its entirety is on ADAPT 496.
ADAPT (507): 300 strong ADAPT waits outside APTA Hotel
PHOTO (by Tom Olin): Black and white photo looking up the street divided by the wooden barricades. The picture is taken from behind the ADAPT people behind the barricades which curve across to block the whole street in the foreground. A car comes down the empty side toward the camera. Metal barriers divide the other side of the street from the sidewalk where there are a couple of low temporary structures. A police officer in a helmet and leather jacket stands at one side of the picture, handcuffs and gun visible on his or her belt and radio on the shoulder. All the ADAPT folks seem to be looking up the street at the approaching car. The crowd is two or three people deep and seems to extend a city block or possibly more. Bernard Baker wears a “We Will Ride” sign on the back of his motorized wheelchair and Mike Ervin has a sign reading “On It or In Front of It” on his. In the far distance, beyond the car a policeman seems to be talking with some of the protesters.
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Handicapped Coloradan [Headline] The night they drove old APTA down Photo: About a half dozen folks in wheelchairs and one standing person sit together in the parking lot by a van and the entrance to the Holiday Inn Days Inn. Some are in manual wheelchairs, others in electric wheelchairs. They are faced toward the hotel and away from the camera. Caption reads: In our motel parking lot. By RENATE CONRAD Special to the Handicapped Coloradan Friday, Sept. 22-Arrived at the Days Inn in Atlanta at 9:15 p.m. Got room assignments and collected luggage. Saturday, Sept. 23-Bob and I went to the Hotel Hilton at 10:45 pm. to request press passes. We were told to come back between l p.m. and 6 p.m. to talk to Albert Engelken, PR person for APTA. 5:15 p.m.—Returned to the Hilton. Mr. Engelken had left for the day, We were asked to return in the morning at 9a.m. l-5:15 p.m.-First meeting. Topics discussed included the ADA bill and the Air Carriers Act. Some comments: "Everyone thought it was a joke when 35 people started ADAPT, but now no one is laughing. . . You’ve created a Utopia."-Wade Blank “Paratransit is a gun to disabled persons’ heads . . . We've taken the bullets out of the gun."-Arthur Campbell, Jr. "We've sent a message to Bush that we are serious." There was a good deal of applause and then the conversation shifted from the ADA bill to transportation. Julie Farrar from Los Angeles said that she had been to a large human resources conference given by APTA. In the course of the conference it was stated that “everything would be accessible if it wasn‘t for ADAPT." This was greeted with obvious boos and hisses. Later Julie Farrar told the group that Fred Curry of the Greyhound Company said, "If the ADA passes as it is the private bus industry will go broke." After that introductions were made and strategies discussed as to the next day. It was decided that there would be a march beginning at l:30 from Hurt Park to the Hilton Hotel where APTA is staying. Sunday, 9:15 a.m., Hilton Hotel - Albert Engelkin, PR for APTA, met with us. We asked him if he thought the ADA bill will pass "Yes " he said. “I feel that it will. Now we must ask that ADAPT join with us to go to congress and get monies to pay for our effort, the cost being $6 billion. This is a 20-year plan. Now we must come up with a marketing plan." Received press packet and pass with very little difficulty. The only problem was finding the correct elevator. We got a few strange looks entering and leaving the elevators, and many people were noticeably relieved to see our yellow press passes. The only comment we got from the PR director was that “APTA was a little nervous about people in wheelchairs." 11:30 Amid cries of “Access now!" "We will ride!" and "Access is a civil right!" a large flag is unfurled, with red and white stripes and stars on a background of blue that form the shape of a wheelchair. The march to the Hilton begins. lt is a long pull. Atlanta is a very hilly city, which comes as quite as a surprise because I had always envisioned it to be a rather flat place. Cries of “We will ride!" ring out along the way as approximately 200 people make the long haul to the Hilton. When we reach the front of the line and look down the street, we see a four-block-long procession of bumper to bumper wheelchairs. l spoke with four different police officers and was given an estimate of between l8 and 150 police pulling extra duty for this "parade." We reached the hotel and within minutes the barriers were in place. At that point the press was informed that NO press was being allowed inside. The question was then asked, "When will the press be allowed in?" The answer, from Major Holly of the Atlanta police, was: “That depends on the hotel." Later press members were allowed to talk to Jack Gilstrap of APTA, who stated that “there is a great deal of opposition to the ADA bill." NO ARRESTS were made. Monday, Sept. 25, 11 a.m.—At the Hilton Hotel, Secretary Samuel Skinner gave a rousing speech. He said they had completed the outreach portion of their policy, that the needs and problems of the population concerning transportation were discussed, and that they had spoken with citizens and businessmen alike and that early January was the projected time for the policy to be released. "We must look at the forest rather than the trees." The first priority is that 40 percent of the unemployed are in the cities, the second priority is finding a way to get people to jobs. “There is a greater need for state and local moneys,” he said. “[The ADA] is not a new issue, but an issue that has been around too long. We need mainstream access as soon as possible. There has been a lot of give and take. It's not perfect, but we support the legislation. "l ask how can we achieve our goal of total access? We must find a way to make it happen. We need to be concerned about dollars, but this legislation is not a sham or a shell. Access for personal and business reasons is our goal. "Why should a skilled worker be left at home because we are not smart enough to get them to work?" Bob and I chase Skinner through the kitchen area after his speech and catch him as he is getting into the elevator. As we were attending the meeting at the Hilton, people had gotten into the Federal Building and blocked it off with 125 people inside. Tuesday, Sept. 26, 7 a.m.-By executive order President Bush asked that blankets, food and cots be brought into the Federal Building to accommodate the protesters. No arrests were made. Amid chants of "Access now!" and horns blasting, protesters who have been up all night block doors into the Federal Building. 12:50 p.m.—ADAPT members capture the elevators. 1:50 p.m. - l have been told that they are trying to get the President's office on the phone. 2:01 p.m. - Police ask for cooperation to get a meeting set up. 2:07 p.m. - People are meeting with UMPTA now. 2:15 p.m.- Agreement has been reached . . . no arrests have been made. (See text reprinted elsewhere in paper.) 12:45-4:30 p.m.—Went down to the cafeteria. At that time elevators were again shut off and we could not get b[ack] to the first floor lobby. 4:30 p.m.—Maintenance personnel turn elevators back on. 4:45 p.m.—Back to the hotel. Wednesday, Sept. 27—Chanting "We will ride!" 27 people were arrested at the Greyhound Terminal after blocking and chaining themselves to buses. They were taken to jail in a lift-equipped bus and released on their own personal recognizance. Criminal trespassing and disorderly conduct were the charges filed. The bus station and buses were in turmoil for five hours, starting from 3:30 when the protest began. Thursday, Sept. 28 - Home!! Photo 2: In a low-ceilinged room with folding partitions pushed back the big group of ADAPT folks is gathered, facing approximately in a circle. Wade Blank is standing on a chair or something so he is above the crowd, with his right hand held up, he is speaking. Behind him Lincoln is standing. In front Bernard Baker is looking over his shoulder at the camera. Kate Jackson has her back to the camera as do many others in the room. Through these people you can see Mike Auberger's head and someone else's head. A line of people sit across from Wade. There are a couple dozen people visible in the meeting. Caption: Everyone thought it was a joke when 35 people started ADAPT.
ADAPT (621)
PHOTO (by DIANNE LAAKSO/Staff): A tall African American man dressed in a casual clothes and carrying a baby in his left arm is extending his right leg forward to step over two people in wheelchairs who are attempting to block a glass doorway which is open. The man and the child have calm expressions and are looking down. The man holds the arm of one of the people in wheelchairs who is facing away from the camera. This person has a bumper-sticker on their battery box that reads "End USA Apartheid" and this person has both arms bent at the elbows and raised and is dressed in a warm jacket over a hoodie. To this person's left is a woman (Christine Coughlin) sitting with her wheelchair facing the first wheelchair so her feet touch the other chair's wheel. Both protesters look somewhat tense and rigid. On the back wall of the lobby is a abstract mural. Caption reads: Members of ADAPT (American Disabled for Accessible Public Transportation block the doors of the Richard B. Russell Federal Building this morning as they protest lack of accessibility on public transportation. The protesters want Secretary of Transportation Samuel Skinner to sign an executive order requiring any bus purchased with federal money to have wheelchair lifts. [Headline] Handicapped Protesters Block Russell Building In Demonstration Over Transportation Access From Page Al [we do not have the first part of this article. Also, the bottom of this page is torn so parts of the 6th paragraph and last 2 paragraphs are missing.] agrees to their demands. Sen. Sam Nunn‘s office, which is located in the federal building, was asked to relay a message to Mr. Skinner, who was at the Atlanta Hilton Hotel, that his presence was wanted. In the meantime, protesters, using bullhorns and their strongest voices, shouted “What do we want? We want Skinner!" This morning a protest followed a demonstration Sunday in front of the Hilton Hotel as the convention started, Stephanie Thomas, a spokeswoman for the group ADAPT (American Disabled for Accessible Public Transportation), said the protesters were angry over the transit group's continued opposition to federal legislation that would prohibit discrimination against people with disabilities. The protest was timed to coincide with the opening of the convention of APTA, a trade group representing a majority of public transit systems in North America. The bill, known as the Amer[icans] with Disabilities Act, would [make it] illegal to discriminate against disabled people in employment and places of public accommodations, would assure those with speech or hearing impairments of special equipment allowing them to communicate with anyone and would remove barriers in transportation. It is the latter part that upsets the members of APTA. “We assume it will become law, and if it does we'll implement it," said Albert Engelken, APTA‘s deputy executive director. “But that doesn't mean we have to be happy about it." Mr. Engelken said he does not want to sound cold-hearted, but with shrinking federal transportation funds it sometimes does not make sense to use those funds to install seldom-used wheelchair lifts on buses. “We're not harsh people, but our job is to offer the most people the most mobility for the best possible price," Mr. Engelken said. Ms. Thomas said her group does not expect the transit systems to refit all their buses immediately. nor make all the train stations immediately available to the disabled, ' “We realize it's a longtime goal, and we're willing to wait. We know the costs involved," Ms. Thomas said as other members crowded around. "All we're asking for is a commitment that they‘re willing to do these things, and they won't give us that." The Sunday protest, which closed part of Courtland Street, lasted about four hours and was watched by nearly as many police officers as there were pro[testers.] Police Maj. W.W. Holley [... ar]rests were made. ADAPT member [...] to hold Sunday [...] Holley said n[...] issued. The gr[...] protests in oth[er...] years. TEXT BOX INSERTED IN MIDDLE OF ARTICLE reads: The Americans With Disabilities Act would make it illegal to discriminate against disabled people in employment and places of public accommodations and remove barriers in transportation.