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ADAPT (464)
T I P S & TRENDS The President's Committee on Employment of People With Disabilities |Vol. 1 No.4 April 1989 [Headline] Administration Granted Rehearing of Transit Access Decision On April 10, 1989, the U.S. Department of Transportation (DOT) requested a rehearing of a court decision that would make many transit systems more accessible to people who use wheelchairs. DOT requested all eleven judges of the U.S Court of Appeals for the Third Circuit to rehear the February 13 ADAPT (American Disabled for Accessible Public Transit ) vs. DOT decision (see March Tips & Trends) which ordered DOT to cease subsidizing buses purchased by transit systems unless they are equipped with wheelchair lifts. On April 19, 1989, the Third Circuit Court of Appeals vacated the February 13 decision and granted a rehearing to DOT. The unusual decision to grant a rehearing may indicate that the February 13 decision will be reversed. [Subheading] Decision Angers Protesters Also on April 10, disability advocates and members of ADAPT were protesting for accessible public transportation during a regional meeting of the American Public Transit Association (APTA) at the Nugget Casino in Reno, NV. Protesters were disappointed by the announcement that the Federal government had asked for a rehearing of the ADAPT vs. DOT decision. Three people with severe disabilities were injured, 49 protesters were arrested and many were jailed. Untrained ranch hands from the surrounding area assisted the under-staffed Reno police department with the arrests, and threatened to take seeing eye dogs from blind protesters if they did not disperse. Wheelchair users were dragged from their seats by the local police and deputies, who broke a leg of one severely disabled protester. Wade Blank, spokesperson for ADAPT, commented from Reno: "This means the protests must continue, all the way to the White House if need be.” Article is accompanied by a picture of a handwritten letter from a very young child. The letter reads: Dear Pres. Bush, Please stop the appeal so my sister can ride the bus with me. I love you. Kailee (5 yrs. old)
ADAPT (461)
RENO GAZETTE-JOURNAL Monday APRIL 10, 1989 [Headline] 49 disabled protesters arrested in Sparks Photo by Cralg Sallor/Gazette-Journal: Two men in wheelchairs are being arrested by police in the middle of the street. The man on the left, Bob Kafka, is being bent forward in his chair and being handcuffed behind his back. Across his legs he has a poster but it is not readable from this copy. The man on the left, Bill Bolte, is sitting up hold a sign about Rights in front of his chest. The policeman is standing beside him bending forward to do something to his chair it seems. caption reads: CONFRONTATION: Sparks police arrested Bob Kafka, left, of Austin, Texas, and Bill Bolte of Los Angeles. Text box has the quote: 'My rights are worth fighting for.’ Bill Bolte/demonstrator [Headline] Public transit meeting draws demands for accessibility By Darcy De Leon/Gazelle-Journal Sparks police arrested 49 disabled protesters demanding accessibility to public buses during a protest Sunday aimed at national transit officials meeting at John Ascuaga's Nugget. About 75 wheelchair-bound members of Denver-based American Disabled for Accessible Public Transportation (ADAPT) rushed two entrances of the hotel—casino about 3:15 p.m., but Nugget security officers and police inside blocked the doorways. ADAPT activists chanting, “Access is a civil right,” struggled to open the doors an confront officials with the American Public Transit Association (APTA) attending a five-day convention through Wednesday. Bob Kafka of Austin, Texas, and Bill Bolte, a Los Angeles resident, were the first protesters to he arrested. "My rights are worth fighting for," said Bolte, 57. “APTA is discriminating against us," said Kafka, who has used a wheelchair since breaking his neck in a car accident at the age of 26. "We feel that APTA is to the disabled what the KKK is to the black community.“ At the height of the protest police dragged away three demonstrators lying in the casino entrance. No injuries were reported, police said. Sparks police Lt. Tony Zamboni said that as of late Sunday night, five of the 49 demonstrators arrested had been transferred to the Washoe County jail, after their arraignment in Sparks Municipal Court. They were being held in lieu of $1,025 bond for investigation of obstructing traffic, obstructing a police officer an blocking a fire exit, Zamboni said. Arraignments continued Sunday night for the remaining protesters. Disabled residents from Reno and 30 other cities throughout the country joined in the protest of an expected appeal of a federal court order that requires all public bus systems to be equipped for wheelchairs. ADAPT filed a lawsuit asking for the decision last year. The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled in favor of the group in February. Demonstrators Sunday hoped to persuade the transit officials to work against the appeal, expected to be made by the U.S. Department of Transportation today. APTA spokesman Albert Engelken said the group's protests are “compelling and heart-rending." But he said APTA cannot afford a national mandate for the lifts, which cost $15,000 to install and even more to maintain. Engelken also cited low usage of the buses and suggested the lift requirement be a local option instead of a state mandate. “We're for accessible transportation for the disabled, and we do have it, but the local transit systems and the local disabled communities should decide what is needed because they know what's best." Reno’s Citifare would not be affected by the decision because transit officials already have made a commitment toward a 100 percent wheelchair-equipped bus system, said Bill Derrick, planning manager for the Regional Transportation Commission. All Citifare buses bought since 1984 are wheelchair-equipped, he said, and all non-equipped buses will be replaced by 1996. Mike Auberger, ADAPT founder and protest organizer, said the group has staged at least 14 demonstrations at APTA conferences during the last seven years throughout the United States and Canada. Auberger, 33, of Denver, who has been confined to a wheelchair since a bobsled accident 17 years ago, said demonstrators will follow APTA convention-goers for as long as it takes. “We’re not fighting Reno or any other city. We're fighting APTA,” he said. “We will go to jail, we'll get arrested, but so what — it's a misdemeanor. We'll do it again." Citifare accommodates the disabled more than some other cities, said Reno resident Dottie Spinnetta, 51, who suffers from muscular dystrophy and rides the buses five days a week. But RTC could improve the system by offering additional wheelchair space on the buses and bus pickups every 30 minutes instead of every hour. “I should be able to get around as everyone else can and not have to ask,” she said. “That’s what everybody wants — to be independent." The only drawbacks of using Citifare for John Civitello, 21, is that he has to get up at 4 a.m. to catch a 6 a.m. bus that takes him to his job with American Handicapped Workers. He then waits outside the office another hour until his workday begins at 8 a.m. PHOTO by Joanne Haskin: Two policemen are standing one behind the other, facing a third and behind him is a fourth officer who is using what looks like a video camera. All the police wear hats and are looking down. From their midst, the wild head of Arthur Campbell sticks out, his long white hair flying in different directions, a strange grin on his face and his intense eyebrows above his dark eyes. The police seem to be cradling him, and look down at him. Caption reads: Protest scuffle—Sparks police detain one of the ADAPT protesters that blocked the entrance to John Ascuaga's Nugget during a demonstration Sunday afternoon. Sparks police made a total of 49 arrests during the protest.
ADAPT (460)
Wednesday, APRIL 12 1989 RENO GAZETTE-JOURNAL Photo by Tom Spitz/Gazette-Journal : A somewhat frail looking man, Randy Blatz, in a large wheelchair sits sideways looking at the camera. A sign is taped to the side of his chair; it reads "WE WILL RIDE." His legs are extended out in front of him and are covered by a blanket. Behind him another wheelchair protester looks at the camera with his arm up shading his face and his view. Behind them are other protesters in a line, pretty much filling the picture. Caption reads: BACKER: Randy Blatz of Hayward, Calif, shows support for his locked-up comrades Tuesday outside the Washoe jail. [Headline] Disabled protesters maintain hunger strike [Subheading] Jailed demonstrators getting care, sheriff says By Susan Voyles/Gazzette-Journal A hunger strike in the Washoe County jail by 22 handicapped prisoners — arrested for obstructing sidewalks while protesting a public Transit meeting in Sparks -— continued Tuesday night, although nine demonstrators broke their fast. Leaders of the American Disabled for Accessible Public Transit (ADAPT) group encouraged jailed protesters to break their fast after Washoe County Sheriff Vince Swinney early Tuesday afternoon promised the inmates more nurses, if needed, and more medical supplies. But Lt. Rod Williams said the hunger strike wasn't over medical treatment. "They're protesting the fact they're here,“ he said, “not the conditions in the jail." The hunger strike began Monday night after 25 people were arrested and jailed in a demonstration against public transit officials meeting at John Ascuaga's Nugget. The meeting concludes today. Five others have been in jail since Sunday night, when ADAPT began a planned four-day protest. They're here to protest the western regional meeting of the American Public Transit Association, which is fighting ADAPT's legal efforts to require all federally funded transit systems to buy buses equipped with wheelchair lifts. Swinney said one female prisoner vowed to continue her fast even though she was warned by a doctor that she'll ultimately go into seizures. Another woman, Diane Coleman of Los Angeles, was released from Washoe Medical Center Tuesday morning after being given liquids intravenously for dehydration. She was taken to the hospital about 3 a.m. Tuesday when she began vomiting. Mike Auberger, organizer of the Denver based group, and Pat Gilbert, his Reno attorney, met with Swinney early Tuesday afternoon to discuss jailed ADAPT members complaints. "People in charge are now in the process of trying to respond to the situation, which they've never been in before," Auberger said at a news conference outside the jail. “It's a lot more positive than it was two hours ago." Swinney said the jail has put 11 nurses to work, nine more than usual. And more nurses and a doctor will be brought in if needed, he said. But he admitted the jail did not have enough medical supplies, such as catheter drainage bags, on hand and had to order more. Normally, the jail sees only about six handicapped prisoners a year. Sparks Municipal Judge Don Gladstone defended the sentences handed down to the protesters. Of the 30 in jail, the majority were sentenced to three days for obstructing sidewalks, fire entrances or a police officer, and given an average fine of $580. On Sunday, only five of 49 people arrested went to jail. Those five pleaded innocent and will have their trials Monday. Gladstone said he warned ADAPT members he'd get tougher on them. "Clearly, everyone was put on notice," he said. "We're not following their rules" Auberger, who was also arrested but paid a fine to get out of jail Monday night, was outraged so many of his people were arrested. "I have been in many cities where I have done civil disobedience and I wasn't arrested," he said. "Maybe it's the politics of Sparks that the city has to respond to what the Nugget wants. it's real clear (Gladstone) was being forced to do what he did." “They don't toss people in jail for blocking sidewalks in most cities," complained Pete Mendoza of Marin County, Calif. "They were researching ordinances to arrest us.“ Gladstone who said he supports the rights the handicapped are seeking, said he is simply doing his job and the demonstrators were amply warned. Among the 50 or so protesters outside the jail Tuesday was Beverly Furnice of Denver, with a thick, fresh bandage around one of her twisted legs. She claims her leg was broken Sunday night when a security guard tried to move her out of a doorway. She was treated at Sparks Family Hospital, but officials would not confirm that her leg was broken. She was arrested after the incident, and said she sat in Sparks Municipal Court for five hours before she was released with a verbal warning. Nugget spokesman Parley Johnson said he's not sure what happened to Furnice. "There was a lot of shoving and pushing going on," he said "If it did happen, I'm very sorry about it." Gladstone said he doubted she broke her leg. He said he and his staff held arraignments until midnight Sunday and were far more inconvenienced than Furnice or anyone else arrested.
ADAPT (458)
This article is continued in photo 451, but the text of the entire article is included here for ease of reading. The Handicapped Coloradan May 1989 VOL. 11, NO. 11 Boxed text in masthead: If you use a wheelchair and ever tried — or wanted -- to board an accessible bus in Detroit between Nov. 10, 1984, and the present, you owe it to yourself to read Justin Ravitz‘s story on p. 3. Photo: Man, in a dark suit standing against a white background with his hands in his pockets. He has dark hair and large eye glasses, a firm thoughtful look on his face. Caption reads: Mayor Pena tells UMTA officials they have a “moral obligation" to put lifts on buses. [Headline] Court grants transit rehearing In the wake of an often ugly battle with police, hotel security guards and the courts in Reno, wheelchair activists are heading for Philadelphia where the U.S. Court of Appeals has agreed to vacate its Feb. 13 decision to require all new buses purchased with federal funds to be equipped with wheelchair lifts. The case will now be heard by the entire 13-member court rather than the three judges who originally handed down the decision on a 2-l vote. The rehearing was requested by the Department of Transportation and the Department of Justice. Six disabled leaders had met with President Bush in an attempt to persuade him to call off the appeal. Bush didn't give them an answer at the time, said Wade Blank, one of the founders of the radical American Disabled for Accessible Public Transit (ADAPT), "but it's obvious the President has no intention of taking our side." So when the court convenes at 10 a.m. May 15, scores of wheelchair demonstrators will be outside chanting, "We will ride," the battle-cry of the six-year old movement. At press time, demonstrators were planning on arriving in Philadelphia on May 12 and demonstrating in front of the Justice Department there, up to but not including being arrested. "That will come later," Blank said. On Saturday, demonstrators are expected to attempt to board city buses, crawling onto them if necessary, and to otherwise disrupt service until Philadelphia transit officials sign an agreement promising to provide accessible service. Then on Sunday, the day before court opens, demonstrators will don Revolutionary War uniforms and march from Independence Hall to the federal courthouse, led by fife and drum. The movement is at a crossroads, Blank said, pointing out that many of his fellow activists are afraid that the court will reverse its pro-accessibility vote when its decision is made known, 30 to 90 days from now. Many of those activists are reluctant to appeal the decision to the U.S. Supreme Court if they lose in the Court of Appeals, arguing that the high court has a conservative majority, “We might have to wait 20 years before we get a liberal court," Blank said. "Better we find out where we stand with the court right now and then decide on a course of action." ADAPT has had plenty of experience with conservative judges in recent weeks, according to Blank, who said he broke down and cried at the treatment wheelchair defendants received in the Sparks courtroom of judge Don Gladstone. Gladstone told demonstrators that their mass arrests had "tarnished" their cause and suggested that the group needed "new leadership." Blank said Gladstone's courtroom was a zoo. "He locked the doors and screamed at us." Gladstone wasn't the only person in Reno and Sparks who was upset with ADAPT, which was there to protest at a regional meeting of the American Public Transit Association (APTA) as they have done in 16 other cities over the latter group's refusal to endorse mandatory accessibility for all transit systems in the country. The police weren’t very happy, either. Some 72 demonstrators were arrested during the 5-day-long protest, with about half of that number going to jail. City officials estimated that the protest cost local taxpayers at least $116,000. Police estimated their costs of controlling the group at $79,275, while the sheriff's department, which runs the Washoe County jail, placed its costs at about $34,164. Gladstone said municipal court costs will run about $3,000. But it wasn't just the money that bothered city and county officials. "While (the police) are out there handling these individuals and you cal 911, the response times change dramatically,” said Sparks Municipal Court judge Andy Cray. Police Lt. Tony Zamboni said, "We understand these people have certain rights, but they also don't have the right to obstruct other citizens." Sheriff Vince Swinney agreed with Zamboni and also seemed a bit miffed that the media were playing up the plight of the demonstrators. "Somebody should realize this is what these people want to do," he said. "if they were treated like royalty, they wouldn't be happy. And the media is playing it up 100 percent. I really think that we who have been here and will continue to be here deserve some credibility." ADAPT organizer Mike Auberger, 34, of Denver, said that the Washoe County jail was not prepared to deal with housing 30 disabled prisoners, although sheriffs department officials disagreed, saying that extra doctors and nurses were on duty. Twenty-two of the jailed demonstrators staged a hunger strike, including one woman who was warned by a doctor that she would ultimately go into seizures if she participated in the fast. Another demonstrator, Diane Coleman, an attorney from Los Angeles, was taken from the jail at 3 a.m. Tuesday morning when she started vomiting. Coleman was taken to the Washoe Medical Center where she was given liquids intravenously for dehydration. Headline for part 2 of article: Reno protest turns ugly as judge lectures ADAPT ”Get new leaders. ” Blank said that three or four demonstrators had to be hospitalized when they returned home because of inadequate care received at the jail. For example, Auberger was not allowed to empty his leg bag and he went into hyper reflex, according to Blank. “His blood pressure shot up to 300 and nearly blew his head off," Blank said. Unable to place a call to fellow ADAPT members in Sparks, Auberger was forced to call his parents in Indiana to see about getting help. Ultimately, Auberger had to bail himself out of jail in order to get medical treatment. “That's when the police began telling other jailed demonstrators that their leaders were bailing out on them," Blank said. Demonstrators also complained that the police in Reno and Sparks were rougher than the ones they had dealt with in other cities, pointing out that more of them were actually handcuffed than was usually the case. Most of the demonstrations took place outside the Nugget Casino and Hotel, which was serving as APTA's convention headquarters. Some 700 delegates were staying there. Demonstrators attempted to block all the entrances to the hotel to show APTA delegates what it is like not to have access to public institutions, buildings and buses. One demonstrator, Beverly Furnice, said her knee was broken when a Nugget security guard hit her leg as she was wheeling up to the door on the southeast side of the hotel. Nugget spokesperson Parley Johnson said he was sorry to hear about Furnice. “We made every possible effort to ensure the safety of all involved," he said. "However, if we have someone trying to get in, and we're trying to get the doors closed, what can I say? The person (trying to get in) is contributing to the problem. "We could not allow the group to come in and disrupt our business and cause problems with our customers. And we have every right to do this." Judge Gladstone several times commented on how well the hotel staff and police handled the situation. “He's just a front man for the casinos," Blank commented. On the other hand, demonstrators had nothing but praise for Reno's Citifare public transit system, which has already made a commitment toward a 100 percent lift-equipped bus system. All Citifare buses bought since 1984 have lifts, and the system expects its nonaccessible buses to be phased out by 1996. "We're not fighting Reno or any other city," Auberger said. “We're fighting APTA." Less than three weeks later, demonstrators were doing just that again, this time in Denver, where ADAPT was founded in 1983, Some 30 demonstrators were arrested as they protested outside the Radisson Hotel, where the Urban Mass Transit Association (UMTA) was holding a national transportation conference. The next day, April 25, 40 demonstrators, 30 of them in wheelchairs, were forcibly removed from the Federal Building at 9th and Stout by federal officers. Demonstrators were protesting word that the Department of Transportation, of which UMTA is part, had decided to appeal the Court of Appeals decision. "We are tried of winning lawsuits and never getting them implemented," said protester Maureen O'Rourke. UMTA‘s Alfred A. DelliBovi disagreed with the original court decision, saying his agency supports letting each transit provider decide how to handle disabled riders. Earlier Mayor Federico Pena met with ADAPT and reiterated his strong support for their goals, a statement he repeated when he met later with UMTA officials. Pena was responsible for forcing APTA officials to allow ADAPT to address its national convention in Denver in 1983. That is the only time ADAPT members have been allowed inside an APTA convention.
ADAPT (454)
The Daily Sparks Tribune Friday, April 14, 1989 [Headline] Last of protestors freed from jail The last of the handicapped demonstrators were released from jail Thursday night and both sides of the five-day confrontation said they accomplished everything they set out to do. Municipal Court Judge Don Gladstone said he is pleased with the Sparks Police Department's and the court's performance during the confrontation in which members of American Disabled for Accessible Public Transportation (ADAPT) were arrested 72 times for acts of civil disobedience on B Street. The Colorado-based ADAPT came to town to protest a convention held by the American Public Transit Association (APTA) held at the Nugget earlier this week. APTA represents public transit authorities across the country and it is against the federal government forcing those authorities to install wheelchair lifts on all their buses. ADAPT co-founder Mike Auberger said his group accomplished what it wanted to do in Sparks -— make life difficult for APTA conventioneers and raise public awareness for handicapped issues. “Like I said before we even came here, not everybody is going to like what we do but when we leave everybody will have an opinion,” Auberger said. “I can change opinions but creating opinions is the hardest thing to do. "Most people are so busy in their own lives that they don't have time to be very creative and to make that happen." Thursday night Judge Gladstone released the remaining 30 ADAPT members who were serving jail time for such things as blocking fire exits at the Nugget and for obstructing police officers. Their fines ranged from $10 to $600. Wednesday afternoon, the city attorney’s office worked out an agreement with the group's attorney to allow the protesters to leave jail if they paid $100 towards their fines and agreed to pay the remainder after they go home. The protestors also had the option of staying in jail and working off their fines at $25 a day. Thursday night, however, Gladstone dropped the minimum payment to $50 and lectured the protesters. “I told them they need to review their leadership," Gladstone said in an interview this morning. "Society changes. Methods used in the past to get a message across aren't necessarily valid today.” Gladstone said the Sparks Police Department did a good job of handling the demonstrators after they were arrested. The court also made the point that “regardless of your race, color or creed you are held accountable in Sparks for your crimes." “I think the city and the jail facility will be a model to the country for the reasoned handling of a major demonstration by a group that required extraordinary medical care," Gladstone said. Auberger agreed that Sparks Police treated the protestors with care. “I believe they worked very hard at trying not to harm anyone," Auberger said. “There was a real intent on their part to be as professional as possible." However, Auberger said he believes the police over reacted and arrested the protestors for petty things. “I suppose that’s because you need a strong police force to keep the gambling in control," Auberger said. “But that (show of force) gets carried out into a lot of situations that have nothing to do with casinos. "Unfortunately, that relays to tourists the image of a really heavy hand." Auberger also accused the Nugget security force of reacting violently to the demonstrators. One protester suffered a broken knee when a casino security guard pushed a door against her knee. “If we had been in Reno, it would've been a different set of circumstances," Auberger said. “We would've been dealing with corporations instead of an individual (John Ascuaga). “(The Reno casinos) have a corporate image to protect. l think they would be less likely to do the kinds of things (the Nugget) did."