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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 (196)
The Handicapped Coloradan PHOTO 1: Four police officer surround a man (Bob Kafka) in a manual wheelchair. Two are holding his arms behind his back, forcing his head and shoulders toward the ground as he is twisted in his wheelchair. Another officer is putting handcuffs on one of his wrists. Caption reads: BOB KAFAY [sic] is handcuffed from behind by police after being arrested at the Bonaventure Hotel in Los Angeles this past October. Kafay and other members of American Disabled for Public Transit were demanding mandatory accessible public transit. PHOTO 2: A woman in a power wheelchair, sits in the middle of the front of the bus, stopping it in the street. Someone is standing at the left front corner of the bus beside another person in a wheelchair [possibly Larry Ruiz]. In front of this group another wheelchair user with a lap board sits in the middle of the street. On the side of the road an officer with a radio is standing, and on the near side of the bus a woman also stands and watches. All the faces are in shadow so it is hard to tell who anyone is. Caption reads: TWO PROTESTORS managed to collar a bus during an early action In Dallas, Texas. "The laughed at us. They didn't think a handful of us could stop the buses." continued from p. 16? By January 1986 ADAPT Texas felt sure enough of itself to directly challenge transit providers in Houston and Dallas to reverse their policy on accessibility. Ironically, at one time Houston boasted more accessible mainline buses than any other city in the country. After intense lobbying by the Coalition for Barrier Free Living, the Houston Metropolitan Transit Authority (MTA) purchased 326 Grumman Flxible 870 buses equipped with EEC lifts in 1977. That represents 50 percent of the city's total bus fleet. The decision to purchase those buses came only after members of the Coalition staged a sit-in at the office of then MTA executive director Barry Goodman, who had earlier refused to meet with representatives of the group to discuss accessibility. Goodman declined to make a commitment to accessibility at the subsequent meeting. Coalition members joined forces with the American Civil Liberties Union (ACLU) in a lawsuit that would have prevented MTA from purchasing any other buses until it had agreed to provide mainline service to wheelchair users. Coalition members took to the streets and blocked buses. MTA finally gave in to their demands but, according to coalition members, once the buses were on the streets MTA did nothing to publicize the routes. As a result few disabled passengers used the lifts. The death blow to accessibility in Houston came when cracks developed in the front frames of the new buses. MTA attributed the cracks to the EEC lifts, though the same cracks appeared in other buses in other parts of the country that had not installed lifts. MTA later admitted that the lifts did not cause the cracks, but when the Grumman buses were pulled out of service, Houston chose not to replace them with lift-equipped buses. The coalition's transportation committee had by this time disbanded, and accessibility ceased to be a front-page issue in Houston until some 20 Houston ADAPT members issued a Jan. 22, 1986, press release demanding that MTA proclaim its intention to purchase only lift-equipped buses. ADAPT gave MTA until July 4 to alter its position. ADAPT charged that MTA's Advisory Committee of the Disabled and Elderly was powerless and had done nothing to promote accessibility since it was formed. "The right to move freely in Houston usurps the recommendations of any committee," the ADAPT release said. A symbolic rally was held outside MTA's headquarters on Feb. l2 — Lincoln's birthday — to protest what ADAPT called a segregated transit system that makes slaves of the city's disabled population. Symbolism was also behind ADAPT's choice of Jan. l5, l986 Martin Luther King, ]r.'s, birthday — for its showdown with the Dallas Area Rapid Transit (DART). Several of those same "outside agitators” who had irked the San Antonio Light made the 800-mile trip from Denver to participate in the demonstration. Among them was Mike Auberger, a quadriplegic community organizer for the Atlantis Community, who just may have been arrested more times than any other wheelchair activist in the movement. Auberger was not alone. Seventeen demonstrators, including several first-timers, were arrested. Denver's Kathy Vincent was among that group. Altogether the demonstrators managed to block l7 buses for more than six hours before the police stepped in and forcibly removed them from the streets. Not all the fireworks took place on the streets, however. The night before, at a regular monthly meeting of DART's executive board, ADAPT made known its intention to bring traffic to a standstill in Dallas the next day. "They laughed at us," Blank said. "They didn't think a handful of us could stop the buses." But Blank said DART's new executive director, Ted Tedesco, until recently a University of Colorado vice chancellor, knew different. “He knows what we can do. His face went white when we entered the room." At first, DART refused to hear from ADAPT. However, several ADAPT members began chanting "We will ride!", making it impossible for the DART meeting to continue. After making their presentation, several protestors showered the board with play money to symbolize the wasted tax dollars DART has put into non-accessible systems. Not all the news from Texas is bleak, however. ADAPT Austin has succeeded in winning 100 percent of off-peak hour accessibility from Capital Metro as of July 1, 1986. More than 50 percent of that city's peak hour routes will be accessible once l00 lift-equipped buses arrive this summer. Jim Parker reports that El Paso ADAPT is pushing the city to activate the 30 lift-quipped buses the system owns but has never operated. That would mean 50 percent accessible service during off-peak hours, according to Parker, who was among the first Texans to receive training from the Denver parent group. Auberger and other Coloradans had helped Parker block buses and stage a demonstration at a non-wheelchair-accessible McDonald's restaurant two years before.