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ADAPT (641)
DISCLOSURE JULY-AUGUST I991 From Coast To Coast ADAPT Battles For Home Attendant Care by C.I. Zander Photo by Tom Olin: Two protesters in wheelchairs curl forward with arms raised to their faces as police or security tip them back on their back wheels. The person in the front (possibly Barb Guthrie) has a bumper sticker on the side of the chair that reads "I support my country." Capiton reads: ADAPT protestors being removed from HHS entrance in April action. “Almost everywhere we go, we meet somebody who has a friend or relative who's disabled — a brother, a cousin, a father or mother. That's why people support us. That's why they believe in what we are doing." Danny Saenz of ADAPT (American Disabled for Attendant Programs Today) was talking about the recent string of direct actions which has taken them from Baltimore to Washington to Dallas to Chicago and back to Washington again. ADAPT's primary issue: put Medicaid money into direct home attendant care of the disabled and get them out of nursing homes. ADAPT 's primary target: HHS Secretary Dr. Louis Sullivan, also known as “Lonesome Louie" and “Dr. No" because whatever ADAPT asks for, he refuses. “All we want is a meeting. . ." “All we want is a meeting," says Saenz, who is from the Austin, Texas ADAPT chapter. “But he always finds some excuse.” Tom Olin of Tennessee Adapt adds: "When we were in Washington recently, we thought that we had a meeting with Sullivan. But HHS went back on their word. So we closed down their building." Adapt members blocked the exits of the Health and Human Services building and forced guards to close it down for two hours on June ll. Police were reluctant to make arrests not only because it is bad publicity for them to be seen carrying off the disabled but also because most police stations do not have adequate care facilities. Tuesday, June 11, may go down as the biggest day in ADAPT's history for more reasons than the shutting down of HHS. Members began early at the American Health Care Association Convention where Sullivan was scheduled to speak. AHCA is a particularly galling organization to ADAPT because it is a lobbyist for the nursing home industry which receives billions in federal and state money for healthcare that ADAPT leaders describe as "inadequate," “wasteful” and “sometimes criminal." ADAPT estimates that over 1.5 million disabled could be moved from nursing homes to attendant home care if the Medicaid benefits were the same or comparable. Getting To Sullivan Although many ADAPTers got into the Hyatt Hotel where the AHCA convention was being held, security forces were able to head them off and lock the auditorium where Sullivan was scheduled to speak. All except for one person. She was able to sneak in and got down to the front of the room in her wheelchair. When Sullivan started his lecture, she also began speaking and gesturing to the audience, asking why Sullivan supported the agenda of nursing homes instead of the agenda of the disabled themselves. Several security police carted her off but ADAPT had, once again gotten Sullivan's attention. Eventually, Sullivan snuck out of the hotel, reputedly through the back kitchen entrance. But, even then, several ADAPT members caught up with him at his expensive limo and shouted their demands for a meeting at him as he drove away. Then ADAPT moved over to the HHS building where they blocked entrances and closed doum the building for a few hours. As National People's Action had done on their April visit, a few people got past the guards to some upper floor offices. But, of course, Sullivan was “not there." To cap off the day, ADAPT met with Senator Kennedy's staff to talk about the proposed health care bill. “We called for a meeting when we were here before in April," says Olin. “But they said they didn't know who we were. So we told them to just watch the news on TV and they’d see us.” What Kennedy’s staff and many other Washingtonians saw on TV then were another two direct actions which included blocking the HHS parking lot and the busy Baltimore intersection in front of the Social Security and Health Care Funding Administration building. ADAPT members said they wanted to illustrate what happens when they are locked in nursing homes. “It’s the same kind of feeling —— you can't leave when you want to. You need my permission," said Mike Auberger of Denver's Atlantis Community afterwards. “I’m sympathetic. . ." "I'm sympathetic to all these folks not able to get home, but this is a really minor inconvenience compared to the inconveniences suffered by those in nursing homes," said protester Nate Butler. A Washington Post photo showed ADAPT members lying down in front of police cars in a scene reminiscent of civil rights demonstrations of the 1960s. Some federal workers were irritated but many expressed sympathy for ADAPT’s views. Other ADAPT actions this spring included cornering Sullivan in Chicago on May 14 and, again in Dallas on May 22 at the President's Committee on Employment of People with Disabilities Conference. ln Dallas, according to the June issue of Incitement, ADAPT’s national newsletter: “(Sullivan) began his talk, and, slowly and silently, one by one, ADAPT members dropped to the floor and began crawling toward his podium, waving the proposed meeting dates in the air. Though he tried to ignore us, Sullivan stumbled over his words several times. in the end, a sea of bodies lay on the floor before him. . -" Sullivan's staff repeatedly says they won‘t meet with "radical" `groups`, but ADAPT leaders believe that this is just an excuse to avoid them. They note that Sullivan has plenty of time to meet with big money `groups` and lobbyists but that he ignores community-based `groups` whether they are "radical" or not. One of ADAPT's strongest arguments for reallocating Medicaid nursing home funds to a home attendant care system is financial. Leaders believe that, in the same way that health insurance administration costs eat up money that should go to the people who have the medical problems, nursing homes end up making large profits while the disabled suffer. Auberger says that nursing homes’ care costs are in the range of $30,000 to $60,000 a person a year but home care is in the $15,000-30,000 range. Auberger himself receives home care that averages about $2,000 a month. "Not only is it cost effective," he concludes, “it‘s the right to dignity and freedom of choice." The bottom line for ADAPT is the redirection of 25% of the $23 billion that Medicaid currently spends on nursing homes to community-based attendant services programs. While some states have adequate home care services, most do not. So ADAPT believes the primary change must come through the allotment of federal funds. “The nursing home industry is a billion-dollar industry — they give political contributions to politicians who protect their interests," says Lillibeth Navarro, an ADAPT member from California. “This is going to be a difficult struggle. But because our cause is right, because it touches practically everybody, we will prevail." For more information on ADAPT programs, call 303 733-9324 in Denver, or S12 4420252 in Austin, Texas.
ADAPT (635)
Different TIMES, September 24, 1990, p. 6 ADAPT fights for attendant services (Reprinted with permission from the Disability Rag; Box 145; Louisville, KY 40201.) [This story continues on 623 but the text is included here in full, for ease of reading.] “People with disabilities have the civil and human right to dependable attendant services that meet our daily needs in the location and manner of our choice." This simple declaration, made in Denver this summer, signaled the offensive being launched by ADAPT against “the nursing home lobby feeding off peoples' lives." It's ironic, says ADAPT member Mark Johnson. "Here we've finally got our rights now, in a law, and here you have more and more severely disabled people wanting to kill themselves—literally kill themselves—because they're being forced into nursing homes." “That Ken Bergstedt in Nevada [who petitioned the court in May to disconnect his respirator] is literally saying, “l'll end my life before I'll go in a nursing home," Johnson said. “What do you expect when people only have institutionalization to look forward to?" adds actress Nancy Becker Kennedy, one of the group that conducted a hunger strike in Los Angeles in July to protest the cut of California’s In Home Supportive Services. “Their attempts to stay in their homes are thwarted." lt’s the same with Georgia's highly publicized Larry McAfee, who was just put into a “group home," says ADAPT. Even after all the publicity, the State of Georgia will not put any money into funding attendant services in one's own home. And ADAPT is fed up. Recalling the phrase the transit industry used to argue that each city should decide whether or not to put lifts on buses, ADAPT calls the patchwork system of funding in-home services “the old ‘local option’ stuff all over again." “We're sick of it,"says Johnson. There needs to be a national commitment. In California, activists battled for several months to restore their In Home Support Services program which had been entirely cut from the state budget—and succeeded only in restoring it to its former level, which allows a disabled person to hire an attendant only at minimum wage and for no more than eight hours a day. People who need an attendant around the clock, like Ken Bergstedt, have little hope of avoiding a nursing home even in California, often cited as the state with the best attendant services program in the nation. Yet such battles sap the energy of disability activists for the larger fight for a national commitment. ADAPT has modified its former name, “American Disabled for Accessible Public Transportation" to “American Disabled for Attendant Programs Today" to reflect its new focus. ADAPT says attendant services are a right. The group wants the program it's calling for to make attendant services available "based on functional need" rather than “whether a person can work or not." They don't want "employability" to be a "condition for getting services. And they don't want eligibility based on any specific disability, as it is in many states now. They want it to be available “to people of all ages, 24 hours a day, seven days a week, with back-up emergency services."They stress they're not asking for “someone to hold your hand" but are speaking of the realistic needs of people like McAfee, Rick Tauscher, and Bergstedt who need an attendant available around the clock. They also say a program that allows the disabled person maximum control over an attendant is mandatory. Maybe a disabled person won’t want that control; maybe they'll want someone else to handle the paperwork and hiring decisions. That should be the disabled person‘s option, they say. There’s a quality-control issue here, they insist; they want to make sure disabled people get quality care but are allowed maximum say over personal services they receive—which is all too often not the case today as home "health" agencies muscle their way into the home "care" field. They‘re sick of the word “care.” They want a program that doesn’t keep anyone from services because they make too much money; they're willing, they say, to deal with a sliding scale for fees for such a program; but they want it available to anyone who needs it—regardless of income. It's a right, and cost is simply not an issue, they say. Keeping disabled people in institutions is ludicrously more expensive than providing in-home services in this country today. They blame that lack for the problems Larry MeAfee's constantly found himself in; they blame the nursing home industry for siphoning off the money that could go to fund such services. And they charge that home health agencies are nothing more than “the new nursing homes." Home health agencies “take people on Medicare and give them services and then bill them for $60 a pop," says ADAPT organizer Wade Blank. “Then when their Medicare coverage runs out after six months, they drop ‘em." The group says it’s also targeting “the big insurance companies like Prudential" and health maintenance organizations, who they say have a vested interest in keeping the system like it is. “We're saying that ethically and morally, nursing homes are not the place to go," says Blank. “When I see my severely disabled friends, living in their own homes, when l visit them in their apartments, listen with them to records or order in a pizza—and then I see my friends living in nursing homes, wasting away, waiting to die, I get very, very angry,” said Southern California ADAPT member Lilibeth Navarro. A survey of ADAPT members through their newsletter, Incitement, led them to decide to shift the focus to attendant services, said Navarro. And they're emphatic about the term too. “It’s not ‘attendant care‘ anymore," said Blank. “Whenever anybody said ‘care’ everybody booed,“ he added. It is fitting that ADAPT, whose original members came from Denver‘s Atlantis Community, will focus on attendant services. It was that need which led to the start of Atlantis, a “community” of disabled people and attendants. Atlantis “has a neat system,"agrees Navarro, noting that the 24-hour rotary attendant services allows any Atlantis person to have an attendant available whenever it's needed. “We could call an attendant at 11:30 p.m. and have somebody here," she said. “People who are having trouble with attendants can call and get an emergency back-up." Navarro, like others, said she knew of people “who endured abuse because they were afraid to lose their attendant"—"because it's so hard to find somebody, and nobody to turn to in an emergency situation." She related the story of a man whose attendant simply walked out on him and left him, unable even to reach a phone, for four days. “If his father hadn't checked on him, he'd be dead." “Only a national attendant program," she stressed, “will free us from emotional slavery Nancy Becker Kennedy agreed with Navarro. “The linchpin for independent living is in-home attendant services. It’s humane; it gives us a future." The group has sent a letter to Health and Human Services Secretary Louis Sullivan demanding a meeting in Atlanta Oct. 1; they've given Sullivan until Aug. 15 to reply. ADAPT activists from around the nation will descend on Atlanta the first week of October to launch the fight. They’ll be calling for a quarter of the money now going to the nursing home industry to “go into a pot for attendant services." As usual, ADAPT doesn’t expect this to happen without a fight -- primarily from the “nursing home lobby.” “This October," says Blank, “we will serve notice on those groups who are the enemies of a national attendant services program." TEXT BOX: ADAPT will converge on Atlanta — home of Morehouse College, HHS Secretary Louis Sullivan’s alma mater — on Sept. 28 for week-long direct action protest and training. Nationally known organizer Shel Trapp will conduct the session Saturday, Sept. 29. For more information on travel and hotel arrangements, contact ADAPT in Denver at (303) 936-1110. — Reprinted with permission from the Disability Rag; Box 145; Louisville, KY 40201.
ADAPT (581)
New York Times NATIONAL Tuesday March 13, 1990 Bill Barring Discrimination Against Disabled Hits Snag By STEVEN A. HOLMES, Special to The New York Times WASHINGTON, March 12 — Having strongly supported a comprehensive bill in the Senate to extend civil rights protections to 43 million Americans with physical and mental disabilities, the Bush Administration is balking at efforts to toughen penalties against businesses that do not comply. Officially, the White House has not withdrawn its support for the bill, which would require all new buildings and services used by the public to accommodate the disabled. “We do support the legislation," the White House spokesman, Marlin Fitzwater, said today. "We‘re very supportive of their rights and their cause." But other Administration officials said President Bush was reluctant to support the measure if its backers persisted in seeking penalties for job discrimination that are harsher than those in the Civil Rights Act of 1964. That law bars discrimination on the basis of race, sex and national origin and limits penalties to court injunctions directing a business to stop discriminating and to reinstatement and back pay for those dismissed or not promoted as a result of bias. Both the disabilities bill passed by the Senate and one pending in the House state that penalties for violating the anti-discrimination provisions will be the same as those in the Civil Rights Act. Letter From Attorney General But a new bill introduced in both the House and the Senate last month would toughen the penalties in the 1964 law to allow for compensatory and punitive damages. Thus it would affect those in the disabilities bill as well. Sponsors say chances for passage of the proposed changes in the Civil Rights Act are good. Attorney General Dick Thornburgh, in a letter sent tonight to Representative Steny H. Hoyer, Democrat of Maryland, the chief sponsor of the House bill, said the Administration would seek to amend the disabilities bill to delete any link to the 1964 act and to lay out specifically what the employer sanctions would be. A spokesman for Mr.Thornburgh, David Runkel, said tonight that the Administration does not want the penalties in the disabilities act to go beyond the court injunctions and reinstatement and back pay now in the 1964 law. Senior Administration officials said the White House may withdraw its support from the bill if it is unable to delete any reference to the 1964 legislation. The disabilities measure, which passed the Senate in September by a vote of 76 to 8, has 246 sponsors in the House and passage seems virtually assured. Alixe Glen, a White House spokeswoman, declined to say whether the President would veto the bill if it continues to be linked to the civil rights laws. Rally by Disabled People The maneuvering over the bill came as more than 250 disabled people, many of them in wheelchairs, held a rally at the White House and then moved on to the steps of the Capitol to press for prompt House passage of the disabled rights bill. "Too often disabled people are seen as objects of charity or pity," Bob Kafka, a quadriplegic from Austin, Tex., said. "We're here to change that image. And we're here to send a message to the President and to Congress that this bill needs to be passed with no weakening amendments." If passed in its current form, the Americans with Disabilities Act would be the most sweeping civil rights law enacted since the landmark 1964 act. It mandates that all new buildings used by the general public, including restaurants, lodgings, places of entertainment, doctors’ offices and other establishments, provide the disabled with the means to enter and exit and that existing businesses make appropriate modifications if that can be done without creating a financial burden. The bill would also require that new railroad and subway cars and buses purchased by public and private transportation companies be accessible to people with disabilities and that telephone companies provide public telephones that can be used by persons with speech or hearing impairments. It was to gain the support of the White House and Senate Republicans that the bill's backers agreed to link the penalty provisions to those in the 1964 civil rights law. The bill's supporters had wanted to allow disabled people who proved they were victims of intentional and willful job discrimination to sue for compensatory and punitive damages. But the Administration argued that the disabled should not receive protections that were greater than those accorded to women and minorities. With the Administration's backing, the Senate approved the bill. But as it worked its way through House committees, a separate measure, the Civil Rights Act of 1990, was introduced in Congress with the backing of a coalition oi civil rights organizations that includes groups representing people with disabilities. The new measure amends the 1964 law to permit compensatory and punitive damages for victims of job discrimination. ENLARGED TEXT INSERTED INTO THE ARTICLE: How tough should the penalties against businesses be? PHOTO (The New York Times/George Tames): Three women in wheelchairs (Paulette Patterson, Christine Coughlin, and Lillibeth Navarro) across a sidewalk roll in front of a large white pillared government building [part of the White House complex]. The closest woman is holding a small bull horn and chanting; she is being pushed by another woman with an ADAPT headband and T-shirt. The other two women are in power chairs, the one in the middle has a placard that says something about Rights, and she is carrying the ADAPT flag and chanting. All four women look very determined and strong. Caption reads: Hundreds of handicapped people demonstrated in Washington yesterday to press for passage of the Americans With Disabilities Act.
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PHOTO (by Tom Olin): Three women, all with their mouths open yelling, make a diagonal line across the picture. In the front a slim white woman in a power wheelchair (Robin Stephens) in a red ADAPT no steps logo T-shirt holds her hand up in an intense, CP open fist; her head is tilted to the right. On the side of her armrest you can make out a bumper sticker that reads "Proud and DisAbled" in white print on a blue background. Directly behind her and in the doorway of an elevator, another woman in a power wheelchair (Lillibeth Navarro) tilts her head the other way from Robin's. She is wearing large tinted glasses, a black ADAPT T-shirt with yellow writing and has a yellow ADAPT bandanna with black writing and logos draped on her lap. Behind her an African American woman (Paulette Patterson) is kneeling on the elevator floor with her head tilted the same way as Robin's. She has on an ADAPT bandanna around her neck and is holding herself up against the door frame. Each woman's face holds a different form of passion. In the very back of the elevator, in the opposite corner from Paulette, is another African American woman (Anita Cameron?) in the shadows, you can make out her yellow ADAPT headband and a white logo on her T-shirt.
ADAPT (508)
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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PHOTO Tom Olin?: ADAPT marches down a curvy street, the line snaking back out of sight. All but a couple of people wear their black ADAPT t-shirts with the gold "no steps" logo on the front. Julie Farrar with her "Together Not Apart" sign, and Lillibeth Navarro, with an "Access equals gentler + kinder" sign are at the front of the photo. Behind them are Kim Horton, George Roberts and Mark Johnson. Then Arthur Campbell is guiding the edge of the line from the side, with his grey hair in a headband and pony tail, and next to him a quad with a blue cap sits and Sue Davis is walking toward them. In the next row of marchers is Larry Ruiz and Tommy Malone. Behind them is a woman in a white shirt and behind her is Ken Heard. Behind Ken is a someone walking on crutches with lots of buttons on their shirt. Beside that person a woman (possibly Rhonda Lester) walks and behind her is Jim Parker and Devorah Kappers is pushing someone in a wheelchair. Being pushed by Frank Lozano, Paulette Patterson is riding off to the side of the line, wearing a white t-shirt. Behind her is Lori Eastman and what looks like Rick James and Barb Guthrie.
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DISCLOSURE the national newspaper of neighborhoods Issue No. 112 September-October, 1989 [Headline] American Disabled for Accessible Public Transit On the Road. . . To Equal Access Cover PHOTO: Most of the picture is filled with a long double line of ADAPT folks, with no steps logo T-Shirts, in wheelchairs marching along a street empty of cars. The group is lead by Julie Farrar and Lillibeth Navarro. Both have a sign across their legs; Julie's reads "Together - Not Apart" and Lillibeth's says "Access Equals Gentler and Kinder". Behind them is Larry Ruiz, then Arthur Campbell, then Mark Johnson and behind them is Anita Florum pushing someone in a manual chair. Reverend Willie Smith can be seen further back on the line. [The article that goes with this cover photo is in ADAPT 441 & ADAPT 436, the text of the article is on 441.]
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Title: Disabled.. protesters at the Queen E. ‘We Shall Overcome’ by Ron Charles Montreal Daily News Inserted in the top center of the page is an image of yesterday's Daily News front page [ADAPT 386 & 385] with the headline A wheelchair army goes to way! and photos of that protest. Captioned: “Yesterday’s Daily News.” Title: The Siege Day 2 TEN disabled protesters were arrested last night for chaining their wheelchairs to doors at the Queen Elizabeth Hotel, while 10 others were being arraigned in municipal court. Singing "Access is a civil right," and "We shall overcome," the protesters demanded to see American Public Transit Association (APTA) vice-president Jack Gilstrap. Gilstrap refused to face them. APTA is holding its annual conference at the Queen Elizabeth. The protesters, members of American Disabled for Access to Public Transit, want APTA to endorse wheelchair lifts on all new buses across North America. Police officials said nine of 10 would be arraigned in municipal court sometime last night or early this morning. Cynthia Keelan and her seven-year-old daughter Jennifer were released soon after the wheelchair bus carrying the arrested demonstrators arrived at police headquarters. Police began processing the 10 protesters last night just as the arraignments of 10 others arrested earlier in the day were being completed. The 10 arraigned at 7:30 last night were arrested for blocking the Camillien-Houde parkway atop Mount Royal —to impede the return of APTA conference-goers from a luncheon at Chalet Mont Royal. All 10 pleaded guilty to charges of mischief and obstruction of justice. Municipal court Judge Louis-Jacques Leger sentenced five of the 10 — all of whom refused to pay $50 in fines — to three days in jail. The judge also slapped probation orders on the protesters, forbidding them from taking part in demonstrations on the Island of Montreal for six months. Léger also forbade them from being within 100 metres of an ADAPT demonstration and from being in areas where the arrests were made until the APTA conference ends to-morrow. [Subheading] Waived conditions The judge waived the last two conditions for Marie Barile, the sole Montrealer arrested atop the mountain. Barile protested conditions which said she should not be within the boundaries of Cote des Neiges Boulevard, Pine Avenue, Mount Royal Avenue and Parc Avenue. "But I work on Cote des Neiges near Victoria," she said, leaning forward in her wheel-chair so Léger could hear her. Rev. Wade Blank, one of the five who refused to pay his fine, told the judge that he would go to jail to protest the incarceration of the wheelchair-bound demonstrators. "I'm protesting the punishment of people, who are already punished enough by society," said Blank, who isn't disabled. MUC police moved in after the group of 50 blocked access to the chalet for an hour. "All the APTA people got up to their fancy luncheon, but they couldn't get down," said Molly Blank, Wade's wife. Meanwhile, 20 ADAPT members are expected to be released from prison this morning after serving half of their three-day sentences for invading and refusing to leave the Sheraton Centre, where some APTA members are staying. While 28 were arrested in the Sheraton protest, eight paid their $50 fines after pleading guilty to mischief and obstructing justice in a 2:30 a.m. municipal court session yesterday. The rest refused to pay fines or could not. The 20 — 16 men who were sent to Bordeaux jail and four women sent to Tanguay — went on hunger strikes to protest the probation orders Léger imposed. "Basically, the judge told them not to go into a demilitarized zone encompassing the major hotels where APTA members are staying," said Stewart Russell, the group's Montreal lawyer. [Subheading] Don't have right Russell called the restrictions on their movements unconstitutional because, he said, they didn't allow those convicted freedom of assembly and freedom of speech. Again at last night's session, he told Léger the orders were unconstitutional. "These people have not the right to demonstrate anywhere in the city of Montreal for six months, and they can't go see the mountain like other tourists visiting the city," Russell told the court at the arraignment of the mountain demonstrators. Léger said the probation order didn't hinder their rights enough to be considered unconstitutional, and he said, "I think they had an opportunity to see the mountain today." Sidebar: Access is a civil right, they say Singing “Access is a civil right,” and “We shall overcome,” disabled protesters at the Queen Elizabeth Hotel demanded to see American Public Transit Association (APTA) vice-president Jack Gilstrap yesterday. The protesters, members of American Disabled for Access to Public Transit, want APTA to endorse wheelchair lifts on all new buses across North America. Photo by Allan Leishman/Daily News: A group of ADAPTers are sitting in their wheelchairs together (left to right: Bobby Simpson, Terri Fowler, Katie Hoffman, Debbie _______ and in front Lillibeth Navarro. Behind them half a dozen police cars and the "Special" paddy wagon/school bus are parked. About a dozen police officers are standing around the cars; one appears to be chatting with Larry Ruiz and another ADAPT person. Caption reads: “Protest: Demonstrators demand to see the American Public Transit Association vice-president.”
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Title: arrested after chaining wheelchairs to hotel doors PHOTO 1 by Allan R Leishman/Daily News: Over a half dozen policemen walk in a row, escorting and pushing Lillibeth Navarro, Jennifer Keelan and another partially obscured ADAPT protester's wheelchairs, as well as Cyndy Keelan down a low hallway. Lillibeth is chanting and Jennifer is looking at her. Caption reads: Young crusader: Even though she's only Seven, Jennifer Keelan, In wheelchair on right, didn't escape a police roundup of disabled protesters yesterday. PHOTO 2 by Allan R Leishman/Daily News: Seven year old Jennifer Keelan and her mom Cyndy Keelan sitting in a bus holding hands and chanting. Caption reads: Cute criminal: Jennifer In paddy wagon. Title/Sidebar: 'Brave' 7-year-old caught in police round-up by Mike Gavin Montreal Daily News A BIG-CITY police round-up is no place for a pretty seven-year-old girl, but then, Jennifer KeeIan is no ordinary little kid. A victim of congenital cerebral palsy, Jennifer will have to fight for everything in a society that still doesn't respect the rights of the disabled, says her mother, Cynthia. And that will probably mean more demonstrations like the one that led to her "arrest" by police last night. "She's a very, very brave little girl and I'm proud of her," Cynthia Keelan said, as Jennifer looked up at burly policemen surrounding her small group. There had been a lot of excitement as the beefy cops first moved in. But the drama waned as everyone awaited special transportation to police headquarters, and Jennifer's little blonde head kept sinking to her chest. Station 25 director Edouard Sarrazin was quick to point out that the little girl hadn't been arrested. [Subheading] Paddy wagon ride "It's her mother who has been arrested." Still, Jennifer had to watch about 40 policemen surround her and her mother and other members of the group. American Disabled for Accessible Public Transit. And it meant a ride to police head-quarters in a converted wheelchair bus being used as a paddy wagon. The Keelans, of Scottsdale, Ariz., are in Montreal to protest with other ADAPT members at the annual meeting of the American Public Transit Association (APTA), which is meeting at the Queen Elizabeth Hotel. Later, at police headquarters, police decided to release the mother and daughter without pressing charges, saving Jennifer and her mother the trauma of being separated overnight. [Subheading] Make things better "I hope they don't separate us," Cynthia Keelan had told the Daily News just a few minutes before. "You don't think they will, do you?" Though in perfect health herself, she decided to get involved in ADAPT "so that things will be better for the disabled when my daughter grows up than they are now." ADAPT's specific beef with APTA concerns the 3,000-member group's refusal to endorse a policy requiring all urban transit buses to be equipped with wheelchair lifts. Cynthia Keelan didn't miss the irony of her daughter, wheelchair-bound since infancy, being lifted aboard the police bus with the kind of lift ADAPT would like to see as standard equipment on all buses. "Access to transportation is essential if people in wheelchairs, people like Jennifer, are to have a fair chance," said the young mother. "It's too bad the authorities don't always make these kinds of buses available."
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[This article continues in ADAPT 422 but the entire text of the article is included here for easier reading.] Title: MUC police arrest 20 on Day 2 of protests by wheelchair activists By: Susan Semenak, of The Gazette 10/4/88 Large contingents of Montreal Urban Community police were mobilized yesterday for the second day in a row to deal with wheelchair protesters who were demonstrating for better public transit facilities for handicapped people. Twenty protesters were arrested, 10 in a demonstration atop Mount Royal and 10 who chained themselves to the doors of the under-parking garage at Place Ville Marie, across the street from the Queen Elizabeth Hotel, where the American Public Transit Association — the protesters' target — is holding its convention. Most of the demonstrators were members of ADAPT — American Disabled for Accessible Public Transit. In the demonstration on the mountain, 35 protesters tied up 100 specially trained police for about four hours yesterday afternoon. [Subheading] Refusing to clear road Ten were arrested after refusing to clear the road leading to the Mount Royal chalet, where the transit association had organized a lunch. After pleading guilty in municipal court last night to charges of mischief and obstructing police, five demonstrators paid fines of $50 while five others refused, to pay and were sent to jail for three days. A mother and her 12-year-old daughter were released after the Place Ville Marie protest. The eight other activist pleaded guilty to charges of mischief and obstructing police. All eight chose to go to jail for three days rather than pay $50 fines. [Subheading] Placed on probation All those who pleaded guilty yesterday were placed on probation until the convention ends Thursday. Judge Louis Jacques Leger barred them from the island of Montreal and from demonstrating and banned them from the mountain and from a wide downtown area around the Queen Elizabeth Hotel. Police said last night that of the 48 activists arrested yesterday and Sunday, only one was a Quebecer. Protest organizer Rev. Wade Blank of Colorado told Leger. "I am personally grieved and saddened that this court has chosen to punish people who have already been greatly punished by society." Const. Normand Tremblay said the Montreal Urban Community police were out in full force yesterday to prevent the wheelchair protesters from repeating the disturbance they had caused Sunday, when they chained themselves to railings at the Sheraton Centre hotel and blocked traffic on Dorchester Blvd. for nearly two hours. Twenty-eight of the handicapped activists were arrested Sunday. After pleading guilty to mischief charges, five paid $25 fines and were released, while 23 others opted to serve three-day jail terms at Bordeaux and Tanguay jails. "We are joining our friends in jail and it's worth it," said Lillibeth Novaro, one of those arrested on the mountain yesterday, as a policeman wheeled her to a school bus hired to take the protesters to police headquarters and municipal court. "There are millions of people in wheelchairs who need to take the bus to go to work and be equal members of society," she said. Novaro ended up paying her $50 fine and didn't go to jail. 'We want equal access' "We pay taxes like everybody else and we want equal access to mass transit," said Molly Blank, who drove four days from Colorado with her husband and 18-year-old handicapped daughter to join the protest. Police blocked roads leading to the chalet and the lookout atop the mountain with barricades and patrol cars to prevent the protesters from confronting the luncheon guests. The police force's tactical squad had been tracking the demonstrators' movements since morning. Urgences Sante doctors were on hand to verify that none of the protesters had been injured during the arrests. "We know these people are here to cause problems and we are here to prevent that," Tremblay told reporters as a helicopter the MUC had rented for the day from provincial police hovered overhead. "We are allowing them to protest and express themselves, but we cannot allow them to make trouble. And we want to take all the necessary precautions to ensure that nobody is injured”. The special police team assembled to deal with the protesters took a day-long course last week to learn how to "handle" the handicapped — from identifying disabilities and deactivating wheelchairs to carrying the disabled without injuring them. Tremblay said police consulted their counterparts in six U.S. cities where the group has staged previous demonstrations. Phyllis Young, a transit official from Duluth, Minn., who attended the luncheon on Mount Royal, said the wheelchair protesters have been turning up at public transit conventions for the past five years. "This is nothing. In San Francisco they chained themselves to trolleys and ran over one policeman in their wheelchairs and gave him a concussion," Young said. "Another year they all laid down on the street and blocked traffic for a whole day." Tremblay said police could not stop the protesters from coming to Montreal because they have no criminal record — the only laws they had broken are municipal bylaws. Instead, MUC police smiled and chatted as they wheeled the protesters away. But some had donned kneepads under their uniforms in case the protesters became aggressive. Maria Barila, a Montrealer arrested on the mountain, said officials at the Office des personnes handicapes du Quebec — the government agency that oversees services to the disabled — discouraged local disabled people from turning out at the demonstrations. "Some people were told they could lose their welfare cheques," said Barila. "Others were told that things could get violent." Francois Gagnon, also of Montreal, said specialized buses for the handicapped provided by the Montreal Urban Community Transit Corp. are "a joke." He said the disabled would prefer to ride the same buses and Metros as everyone else. “They call It door-to-door service, but sometimes it takes two hours for a disabled person to get from home to work in those mini-vans they provide," said Gagnon, winding his way up the mountain in his wheelchair. Meanwhile, Murielle Lariviere-Lebret, president of the Adapted Transport Users Association, said her group morally supports ADAPT protesters demanding accessible transport for all. But her group, which speaks on transit for 18 associations of the handicapped here, would not join demonstrations or urge members to do so. Instead, it prefers to concentrate on getting more and better minibuses and taxis to serve handicapped commuters in the MUC. Over the longer term, it favors adapting the regular bus and Metro service so it is accessible to the handicapped. [Subheading] Position denounced This position was denounced by Jean-Francois Gagnon, a member of the Quebec Association of Handicapped Consumers, who said the handicapped had to become more radical to get what they want from the MUC and Quebec. But MUCTC managing director Louise Roy said the transit corporation has no intention of adapting buses or Metro stations to accommodate the handicapped. "Our intention was never to make the Metro system completely accessible she said. "We are working on improving our adapted door-to-door service, and I think that's much more realistic." Adding wheelchair-lift platforms on regular buses would cost $15,000 per bus, which Roy said is too expensive. Instead, the MUCTC will spend $16,000 on improving adapted transit services next year. "Each year our ridership on adapted transit increases by 30 per cent. Last year we served 500,000 people," she said. Service is offered through adapted mini-buses and taxis. Riders pay the same price they would to ride a bus and the rest of the cost is absorbed by the MUCTC, Roy said.
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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.
US_Capitol_Rotunda_part_2_cap
This is part 2 of the ADAPT Capitol Rotunda protest in support of the Americans with Disabilities Act, ADA. This shows the group preparing for civil disobedience to pressure swift passage of the bill. Over 100 people were arrested at this protest, which gets less attention than the Crawl but was equally intense. The film is open captioned (as are all videos on this museum site).
Rotunda part 1
This is part 1 of the story of the ADAPT protest in the Capitol Rotunda to call for passage of the ADA with no weakening amendments. The ADA had become bogged down in the House and there was concern the bill would not pass. The day after the Wheels of Justice March and the Capitol Crawl, ADAPT took over the Rotunda of the United States Capitol building and over 100 people were arrested protesting for our civil rights. This is almost raw footage and gives a real sense of the event as it unfolded. Part 2 of this action is included in the next video Capitol Rotunda part 2.
With Liberty & Access For All
This is a short demo film by Linda Litowsky that tells about ADAPT and our first campaign for lifts on buses and passage of the Americans with Disabilities Act. It was made to promote a longer film she made so it ends abruptly. However it is a good overview of early ADAPT and has been used in many organizer trainings and presentations.