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THE PLAIN DEALER, THURSDAY, MAY 22; 1986 page 19-A PHOTO by AP: Four policemen in their fancy police hats are "rolling" a man (Rick James) up a 150 degree (ie. almost vertical) "ramp" into a van. Rick is sitting with his hands up by his chest. His hat is missing and his hair is flying out in all directions. His expression is a mix of amazement, disgust and resignation. Caption reads: Cincinnati policemen push Rick James of Salt Lake City, Utah, up a ramp into a van after he was arrested outside a downtown hotel as part of a demonstration by American Disabled for Accessible Public Transportation. Title: Cincy arrests disabled in protest of bus access By BILL SLOAT STAFF writer CINCINNATI — Police arrested l7 disabled people yesterday after they blockaded the entrance to a downtown hotel or chained themselves to the doorway of an adjoining office building that houses Queen City Metro, this city’s public bus service. Eleven of them refused to post bond and were in Hamilton County Justice Center under cash bonds ranging from $1,500 to $3,000. Five were released late yesterday on personal bonds. One pleaded no contest to disorderly conduct and was found guilty. Sixteen were in wheelchairs from polio, paralyzing spinal accidents, multiple sclerosis, cerebral palsy and amputations. One was blind and walked carrying a white cane. The arrests were made during a non-violent, noon demonstration that challenged lack of access to city buses here and around the nation. Chants of “We will ride" and “Access now” came from about 52 demonstrators outside the Westin Hotel. Some removed footstands from their wheelchairs and banged on metal barricades. Police stood behind the barricades and refused to let the demonstrators into the hotel. All 17 taken to jail said they were members of a national handicapped rights organization called American Disabled for Accessible Public Transportation. “This is a civil disobedience action," said Wade Blank, 47, a Presbyterian minister who helped organize yesterday's protest. Blank, who now lives in Denver, was involved in anti-war demonstrations at Kent State University in the 1960s when he lived in Akron. Several of the people loaded onto vans and hauled away to the Hamilton County Justice Center on disorderly conduct charges compared Cincinnati to Selma and Montgomery, two Alabama cities where civil rights activists were jailed by authorities in the 1960s. “The message needs to be sent out that we can’t ride a bus because we're handicapped,” said Glenn Horton, 46, of El Paso, Texas. "It's discrimination it’s segregation and it’s appalling that it could still be happening in this country." Horton said he had been confined to a wheelchair since age 9, when he fell and broke his back. Bill Bolte, 54, of Los Angeles, said handicapped people needed mainline bus service to get to jobs, movies, dates, shopping, banks and anywhere else they might want to go. “We're already in prison," said Bolte, who had polio 51 years ago. “We're going to see that what few rights we have are not going to be taken away. Our rights to public transportation are being deprived, and we will not sit for it." Organizers of the protest said they took to the streets because about 600 executives of public and private transit companies in the eastern United States and Canada were attending a convention in the hotel that ends today. Protesters said the convention should adopt a resolution supporting the installation of wheelchair lifts on all public buses in the nation. Many came from Denver, which has such lifts in use on its bus fleet. The demonstration also came a day after the U.S. Department of Transportation announced in Washington, D.C., a new regulation that allows transit authorities to establish alternative services for the disabled instead of putting lifts on regularly scheduled buses. Demonstrators complained the rule meant that buses, subways and rail lines wouldn't be made accessible to people in wheelchairs. Police Chief Lawrence Whalen said the comparisons with Alabama in the 1960s were unfair when it came to the police. Police in the South during the civil rights era often brutalized protesters. Whalen yesterday said, “Our officers handled themselves very admirably. The group has had their chance to protest and get their point across." He said the police assigned to make arrests had attended special briefings on how to handle disabled people and were instructed to ask the people in custody the best way to lift them into vans. “We wanted to be sensitive to their special needs." Whalen said. Three of those arrested yesterday were out on $3,000 bond after incidents Monday when two climbed aboard city buses, paid fares and refused to leave when ordered off by Queen City Metro officials. The third interfered with a bus. The three, Robert A. Kafka, 40, of Austin, Texas; George Cooper, 58, of Irving, Texas; and Michael W. Auberger, 32, of Denver, were charged yesterday with Criminal trespassing when they chained themselves to the entranceway of Queen City Metro's offices. Police Capt. Dale Menkhaus told his men to use bolt cutters to get them out of the building. Kafka, Cooper and Auberger had been ordered Tuesday not to set foot in Cincinnati by a Municipal judge at the time they posted bond, but another Municipal judge lifted the banning order shortly before yesterday's protests started. Police Chief Lawrence Whalen said 14 others were charged with disorderly conduct for their activities outside the hotel. Bond was set at $3,000 each, a Hamilton County Municipal Court official said. Before the demonstration began, the group gathered in a Newport, Ky., motel for a strategy session on civil disobedience. They agreed not to carry anything but identification with them when they confronted police in downtown Cincinnati and they voted not to post bail. None of the people arrested were from Ohio. The 11 who refused to post bond and were in jail last night are: Bolte; Bob Conrad of Denver; Joe Carle of Denver; Auberger; Horton; Jim Parker of El Paso, Texas; Cooper; George Roberts of Denver; Earnest Taylor of Hartford, Conn.; Lonnie Smith of Denver; Kafka. Kelly Bates of Denver pleaded no contest to disorderly conduct, was found guilty and sentenced to 30 days in jail, which she is to start serving tomorrow. Those released on personal bond are Ken Heard of Denver; George Florman of Colorado Springs, Colo.; Frank Lozano of El Paso, Texas; Rick James of Salt Lake City, Utah; and Arthur Campbell of Louisville, Ky.
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THE HANDICAPPED COLORADAN Vol.9, No. 5 Boulder Colorado December 1986 [This article continues in ADAPT 259, but the entire text is included here for easier reading.] PHOTO by Melanie Stengel, courtesy of UPI: A large heavy set man with no legs (Jerry Eubanks) sits in his manual wheelchair in front of a city bus. He has a determined and frustrated look on his face. Behind him and up against the front of the bus you can see another protester in a wheelchair (Greg Buchanan). On either side of Jerry is a uniformed officer, apparently unsure of how to proceed. One stands with his hand on this hip, the other officer is on Jerry's other side and is looking toward the first policeman, as if for guidance. caption reads: ARRESTING DISABLED PROTESTORS poses some unusual problems for police as these perplexed officers found out during the ADAPT Detroit demonstrations. Title: Doing hardtime in Cincy During the demonstrations at the regional convention of the American Public Transit Association (APTA) in Cincinnati this May 17 protestors were arrested. Three of them, George Cooper of Dallas, Mike Auberger of Denver, and Bob Kafka of Austin, were sentenced to 10 days in jail. Wade Blank, founder of the American Disabled for Accessible Public Transit (ADAPT), said it was the first time in the history of the movement that any disabled persons had done “hard time. ” The following is Kafka's own account of that hard time. The article is reprinted from Incitement, Vol. 2, No. 3, a newspaper published by the Texas ADAPT chapters. By BOB KAFKA Wednesday, May 21, 1986 4:30 p.m.— One by one they haul us off, seventeen in all. We go through the usual procedures: giving name, address, next of kin, all our property, a list of our medications. We sign the papers, are fingerprinted and photographed. We go into the detention center for hours of waiting while the powers that be decide what to do with us. Handicapism raises its ugly head again as judge Albanese releases six ADAPT members on their own recognizance. His reason: medical problems. The real reason: he can't understand those with CP and Frank, the one blind man, freaks him out. We become the Cincinnati Eleven. 8 p.m.—Mike Montgomery, the “head keeper" at the Hamilton County, jail, has a dilemma: eleven people in wheelchairs and not one empty bed in the infirmary. Where to put us? The decision had obviously been made to keep us together and apart from the rest of the prison population. They convert a training classroom into what looks like a hospital ward without windows. Eleven WWII hospital beds are hauled in. Two guards are stationed with us at all times and, for some reason, three from 11 p.m. to 7 a.m. The accessible bathroom is down the hall. At first we are guarded each time we go to empty our leg bags; soon they realize we are not going to try the “great escape." The starkness of our surroundings is stifling: ugly green concrete block walls, gray tiled floors, buzzing fluorescent lights, and two clocks on the walls always counting time and exactly how long we have been in jail. Thursday, May 22 6 a.m.- The room is quiet. Without windows the difference between night and day can only be separated by the morning eggs and the changing of the shifts. We are a curiosity to our keepers. Faces peer in the doorway all morning to look at "the handicaps." ll a.m.— The doctor and nurse arrive to evaluate our "conditions," We again list our medications and the daily supplies we need. Two bladder infections, two decubitus ulcers, one strained back, and many who need assistance dressing, showering and toileting. They leave saying everything will be taken care of. (This is not to be.) 3 p.m.- The social work staff arrive. They are here to make sure we are treated OK, we have access to the library, gym and telephone, and to take care of any crises. (Again, this is not to be.) 4:30 p.m.- Joni Wilkens, our attorney, comes to discuss how we will handle our cases. We decide to stay together and not plea bargain. 6 pm.- It is obvious by now that we are not going to get our proper medication. Substitutes for drugs they don't have don't work. Those needing Valium are told it can't be dispensed in a jail setting. George again asked, to no avail, for his raised toilet seat and "booties" to protect his feet from sores. Mike asked about his bowel program. The nurse and guards give us only blank looks. 10 p.m.—Lights out. The guards assist those who need it. By the time we leave many of them will make pretty good attendants. Friday, May 23 6 a.m.-Lonnie went to the hospital late last night. His decubitus started to bleed and they rushed him over around l a.m. He came back around 3 a.m. and remained in bed all day. 12 p.m.- Boredom is starting to set in. George is rolling back and forth in the halls. Bill is constantly talking, which helps to keep us awake during the day. We fill out commissary forms, but as Joe predicts, we never see the items ordered. Lunch arrives, Mike has the guard melt his spoon so he can feed himself. He makes them do it each meal. George R. again devours his food. E.T. is lying in bed shivering from his bladder infection. 2 p.m.- Joni arrives with her partner, after a long session with the Cincinnati judicial system. The judge and D.A. will accept a plea of disorderly conduct and a fine of $60 (2 days already served) for the eight who were charged with disorderly conduct. They would go free. Lonnie's charge of resisting arrest would be dropped, but there are no guarantees for Mike, George and me. 4 p.m.- The eight are released, Mike, George and I receive 1O days, with credit for two served. Eight days to go. 9 p.m.- The room seems empty without the other eight ADAPT members. The guards kid about us being the hardened criminals. George continues to ask for his raised toilet seat, I for my correct medication and Mike about assistance with his bowel program. Again-no response. Saturday, May 24 7 a.m.-The library, gym, and telephone are not available on weekends and holidays. Monday is Memorial Day. We realize we will not have access to these amenities until Tuesday. Very much like a hospital stay. We also realize our medical needs will not be met; however, we continue our demands that something be done so Mike and George can get the help they need with their bowel program. Security continues to relay this to the medical staff. Medical staff continues to say it is security’s responsibility. This double think has been going on four days now, with no assistance given so far. 2 p.m.— George is beginning to have adverse effects from Valium withdrawal. Mike is having more and worse spasms because the substitute medications are not working. I have no idea if the substitute antibiotic is doing any good at all. Sunday, May 25 4 p.m.-The day passes as usual. Up at 6 a.m. with breakfast of cold eggs and boiled water that had looked at a coffee bean. After lunch our daily request for medication, supplies, and bowel program assistance is duly noted in the guard’s record book, but as usual no action. Joni and Art Wademan, a minister who has been invaluable throughout the week in Cincinnati, came about 2:30 p.m. We share our concern that if we don't get some assistance one or all of us might get very ill. They go to the supervisor and suggest that if medical is not going to act, then we should be transported to a hospital. Going to a hospital for a bowel program might seem extreme, but after five days, impaction is a real possibility. To our amazement, Mike is taken down to medical and then to the hospital. A raised toilet seat is borrowed from Good Samaritan Hospital. We are finally allowed to take our medications which are brought in from the outside. Monday, May 26 Memorial Day — a quiet day, a day for reflection. If non-disabled prisoners were prevented from relieving themselves for five days, it would be considered torture. Equality is as much a farce in jail as it is out of jail, maybe more so. Cincinnati's judicial and penal systems obviously feel it is fine to use a person's disability as a means of punishing that person. Documented omissions which place disabled people in potentially life-threatening situations don't raise an eyebrow, even from the defenders of justice or the media. Reports that the jail is well-equipped to handle our needs but that we will simply be “less than comfortable" go unchallenged. The fact that we have two people who care, who spend some time and resolve our problem, only highlights the injustice to those who do not have a Joni or an Art and must suffer because of ignorance of the needs of disabled persons. Tuesday, May 27 11:30 a.m.—-The court is two blocks from the jail. They usually transport the prisoners to the court by van for security reasons. We present a problem, since the van is inaccessible. They look to a supervisor, and after a half hour the answer comes down. Let the prisoners roll to the courthouse with a deputy sheriff guarding each of us. Babs, Tisha, Reverend McCracken, Art and Vivian (friends and family) are waiting in the hall. The guards hurry us into the courtroom. The media is out in force. As we wait, we wonder what the D.A. will do. Joni enters the room and her face is blank. Rubenstein, the D.A., is his usual arrogant self. Joni states that the six days served are both punishment and deterrent. Rubenstein surprisingly agrees, but asks the court to get our statement. Had we learned our lessons? He wants us to grandstand for the cameras and to get the judge mad at us again. Instead, we suppress the urge to yell "WE WILL RlDE" and simply state we will be returning to our homes and work. Cincinnati will be only a memory. Judge Sundeman accepts the motion to mitigate. We are free. 2 p.m.—We are sitting in Skyline Chili, a local restaurant, and talking over the last six days. Needless to say much of the talk is also about Detroit, October 5-9, our next battle with APTA. Spending six days in jail makes one think about commitment. Detroit will take commitment from us all, but . . . WE WILL RIDE! PHOTO 1: A close up of a man (Mike Auberger) with shoulder length dark hair and a short beard and mustache. He is wearing a light color sweater and shirt with a collar, and the chest strap from his wheelchair is visible. He looks very serious. Caption reads: MIKE AUBERGER Back in the slammer again. PHOTO 2: At least 4 policemen standing around a manual wheelchair in which someone (Bob Kafka) is being bent forward and something weird is happening with a pole (the picture is dark and hard to make out.) Caption reads: THE AUTHOR being arrested in L.A.
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8B The Cincinnati Post, Tuesday,May 20, 1986 [Two articles in this clip.] PHOTO Patrick Reddy/The Cincinnati Post: A man in a power wheelchair (Rick James) with a leather hat with a wide brim, sits in a semi-reclined position, hand partially hidden by his sleeve, finger on the joystick. On the side of Rick's chair you can see an ADAPT "We Will Ride" sticker. Two police officers are behind him; one is standing holding the push handles on his chair, the other is squatting down and sticking his nightstick through the spokes of Rick's chair. Behind them is the street and bus, and behind that some city buildings. Caption reads: A Cincinnati police officer jams a nightstick into the spokes of a wheelchair to prevent Rick James of Salt Lake City from blocking a Queen City Metro bus Monday at Government Square. Title: Activists block buses’ route By Edwina Blackwell, Post Staff reporter On a stretch or road near the College Football Hall of Fame, strong beliefs over the rights of the handicapped to public transportation confronted the steel frames of buses. lt happened Monday night when 15 disabled activists rolled into the pathway of vehicles traveling 40 mph. Seven buses carrying conferees attending the eastern meeting of the American Public Transit Association in Cincinnati were on their way to the Hall of Fame at Kings Island in Warren County for a reception. As the buses neared the Hall around 6:30 pm about 15 members of American Disabled for Accessible Public Transportation moved onto the road, blocking a portion of Kings Island Drive. Police had set up barricades by the hall earlier. However, that didn't keep the ADAPT members from rolling onto the roadway. "I remember flashing in my mind that these might be the first deaths of the civil rights movement of the handicapped," said the Rev. Wade Blank of Denver, Colo., co-founder of ADAPT. No one was injured and no arrests were made. But the members of the Denver-based group say their action shows how far they are willing to go. The protesters want the transit officials to change their national policy on accessibility and Queen City Metro to have wheelchair lifts on all new buses. Today ADAPT members plan to demonstrate in front of the Westin Hotel, where the APTA convention is being held. There were also disabled people riding the buses that were halted Monday night. Dixie Harmon was one of the people who got off the bus Monday in the midst of the ADAPT protest. Ms. Harmon, a quadriplegic in a wheelchair. is co-chairwoman of the Specialized Transportation Advisory Committee, a local committee which works with Queen City Metro in reviewing handicapped needs. But when she met her peers on the protest line, the reaction was less than cordial. Both she and Dan Cleary, president of the Greater Cincinnati Coalition of People with Disabilities, were subjected to name calling for their decision not to demonstrate. Wednesday she will be on a APTA panel discussing transit system services to disabled individuals. "I was very uncomfortable," she said of the Monday night confrontation. "(But) I have to understand that they're angry, too." Queen City Metro and Cincinnati police say they are ready for any more protests during the convention, which ends Thursday. Judith Van Ginkel, director of Metro communications, said bus drivers have been instructed to stop immediately and call police if a protester tries to block the vehicles. Earlier Monday, three ADAPT members — Michael Auberger, Bob Kafka and George Cooper—were arrested and charged with disorderly conduct for attaching themselves to Metro buses downtown. [Second Article] Title: Disabled lament lack of transportation beyond city limits By Edwina Blackwell Post staff reporter For Linda Geraci, ACCESS provides a step toward independence. Every weekday morning, she can expect to see the specially equipped van in front of her apartment, ready to transport her to work. Confined to a wheelchair because of muscular dystrophy, she needs the lift-equipped vehicle to survive on her own. For many, ACCESS inhibits mobility, however, because it does not travel beyond Cincinnati city limits. "lf we want to go in a closed mall, there is none inside city limits. Most of your movie theaters seem to be in those areas also," said Ms. Geraci, a counselor at Total Living Concepts Inc., an organization that promotes independent living among handicapped individuals. Riders who utilize the curb-to-curb service of ACCESS must make reservations at least 24 hours In advance and preferably one week in advance. The 19 specialized transportation vans used for the elderly and the disabled serve only Cincinnati proper in addition to Elmwood Place, St. Bernard and Norwood. Even short trips like running to the grocery store must be scheduled in advance. "You tell them when you want to go and when you want them to come get you and you hope that your ice cream doesn't melt," Ms. Geraci said. Dixie Harmon, co-chair of the Greater Cincinnati Coalition of People With Disabilities, said the scheduling becomes an invasion of privacy for the individual because ACCESS knows your every move. Several local handicapped organizations have publicly supported the demonstrations of American Disabled for Accessible Public Transportation although they shy away from their methods.
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JULY 1986 Disclosure Disabled Cripple Cincinnati PHOTO: A march of people in wheelchairs across a metal bridge that looks like a giant erector set. Three across lead the march, and behind you can see others in an almost single file line. On right, Mike Auberger with his braids and headband rides an electric chair, and has a poster across his legs "Give me a lift, not the SHAFT." In the center, Stephanie Thomas with a bush of hair and a sign that reads "Access is a Civil Right", pushes her manual in a wheelie. On the left, Cincinnatian Gary Nelson, rides his manual as Babs Johnson pushes him. She is looking to her right talking with someone in line. Behind and between Mike and Stephanie, Rick James is visible, riding laid back in his powerchair. Others are behind in line, but the focus is not deep enough to make them out. Caption reads: GARY NELSON, STEPHANIE THOMAS and MIKE AUBERGER lead an ADAPT parade into Cincinnati. During four days of demonstrations there, 17 wheelchair riding protestors were arrested and taken to jail. Fifty disabled Americans went to Cincinnati at the end of May to protest discrimination against people in wheelchairs—and they put together some protests that city authorities will never forget. The wheelchair-riding demonstrators, who came from as far away as Texas and Colorado, are members of ADAPT— American Disabled for Accessible Public Transportation. They're tired of being denied access to public buses, and they went to Cincinnati to confront a meeting of the American Public Transit Association (APTA). APTA represents public transit officials from cities all over the country, and 600 of them were in Cincinnati in May for a regional education and training conference. In the space of four days, ADAPT staged half a dozen dramatic demonstrations, tied up bus service for an entire afternoon, shut down the office of the local transit system, caused havoc at a major downtown hotel, and had 17 of their members arrested, including 3 who were temporarily banned from the city of Cincinnati. “I've been kicked out of a lot of places," says ADAPT organizer Mike Auberger, "but never from a whole city!" ADAPT was formed in Denver in 1983, after Auberger — who is a quadriplegic as a result of a bobsled accident — and other handicapped activists convinced city officials there to put wheelchair lifts on every single bus. “It took six years of street fighting to win in Denver," says ADAPT organizer Wade Blank, a minister who became involved with handicapped issues while working as an orderly in a nursing home. “So then we said, are we going to sit on our laurels, or are we going to expand to other cities?" ADAPT demonstrators have hit APTA events in Washington, DC, Los Angeles, Dallas, Houston, and San Antonio. The demonstrations have a double purpose: to pressure APTA to go on record in favor of accessible public transit nationwide, and to push local officials to change their bus systems. While APTA remains stubborn, ADAPT can point to a number of local successes in cities such as Los Angeles, Seattle, and Kansas City. ADAPT members see their cause as a civil rights struggle, and their actions call attention to the injustice suffered by disabled people who are denied access to basic public services. The first arrests in Cincinnati came on Monday, May l9, when George Cooper and Bob Kaska climbed out of their wheelchairs and crawled aboard a Cincinnati city bus. They paid their fares, but were arrested for “trespassing.” Mike Auberger, who blocked the front of the bus, was also arrested, and the three were banned from the city by a municipal judge. Monday night, APTA conference-goers had a reception scheduled at the College Football Hall of Fame, outside the city limits. ADAPT protestors went out to meet them, but found entrances to the building locked by local sheriffs. They were waiting on the shoulder of the four lane road leading to the Hall of Fame when four buses carrying hundreds of APTA members came down the road, rolling along at about 40 miles an hour. Suddenly, a group of people in wheelchairs bolted out to block the buses. “l remember flashing in my mind that these might be the first deaths of the civil rights movement of the handicapped," recalls Wade Blank. No one was injured: two buses steered onto the shoulder of the road, and two others came to a halt. The conventioneers had to get off the buses and walk the rest of the way to the Hall of Fame. On Tuesday, ADAPT settled for a symbolic action, raising a cross in front of the Westin Hotel, where APTA was holding its meeting. The cross, they said, demonstrated APTA's “crucification" of disabled people. On Wednesday, it was back into battle. The banning order against Kaska, Cooper and Auberger had been lifted, but they got arrested again by chaining their wheelchairs to the front doors of the Cincinnati bus system’s main offices. Fourteen other disabled people, meanwhile, were arrested for blocking entrances at the Westin Hotel. All seventeen of them wound up in a classroom at the city jail. "It was definitely a new experience for the whole justice system,” says Mike Auberger. “Everyone received a real education in disabilities." Most of the protesters were released after a day or two, but Auberger, Kaska and Cooper, who were viewed as the real troublemakers, had to stay in jail for six days. This caused some serious problems, as none of the men can use the bathroom without the help of an attendant—and no one in the Cincinnati jail system was prepared to deal with that situation. Auberger, who had a skin rash and a urinary infection, was eventually hospitalized. All three protestors have now been released, he reports, and they are back home and suffering no serious long term effects from their ordeal in prison. The difficulties in jail, he thinks, “were more of a left hand not knowing what the right hand was doing type of thing than any serious intent to do harm." Their grueling experience, however, shows just how difficult it is for disabled people to stand up for their rights in a society that is not prepared to deal with people in wheelchairs. Despite such obstacles, ADAPT members are determined to continue their struggle for full civil rights. They are already planning for their next confrontation, which will take place on October 6 through 9 in Detroit, where APTA is scheduled to have its 1986 national convention. Without doubt, it will be a memorable occasion. HIGHLIGHTED TEXT: Suddenly, a group of people in wheelchairs bolted out to block the buses. . . “I remember flashing in my mind, ” said one observer, “that these might be the first deaths of the civil rights movement of the handicapped. ” BOXED TEXT BELOW ARTICLE: BE THERE! People in and our of wheelchairs are welcome to join the ADAPT protest in Detroit, to speak out for fully accessible public transportation. For information, contact Mike Auberger or Wade Blank at ADAPT, 4536 E. Colfax, Denver, Colorado, 80220. 303-393-0630 303-393-0630.
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The Cincinnati Post May 27, 1986 Wheelchair protesters freed early Post staff report A motion for early release of three wheelchair-bound activists was granted today by Hamilton County Municipal Court Judge J. Howard Sundermann Jr. On Friday, Sundermann sentenced Michael Auberger of Denver, George Cooper of Dallas and Bob Kafka of Austin, Texas, to 10 days in jail for their part in a protest last week at the main office of Queen City Metro. Attorney Joni Wilkens had argued against a jail term for health reasons. Today Sundermann ordered the three released after serving six days of their sentences for trespassing. Before granting the motion for early release, Sundermann asked them if they planned to go to another city and “do the same thing?” Auberger and Kafka said no, that they planned to return to their homes. Cooper did not reply.w “I think we made our point. The issue (of access to public transportation) won’t go away,” Kafka said following the hearing. Auberger, Cooper and Kafka are members of Americans Disabled for Public Transportation, which demonstrated against the lack of access by the handicapped to Queen City Metro buses.
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Cleveland Plain Dealer p.8 Title: Cincy frees wheelchair access bus activists CINCINNATI (AP) -- A judge granted early release yesterday to three wheelchair-bound activists who were arrested last week for participating in protests to demand access for handicapped people to public transportation. Hamilton county Municipal Judge J. Howard Sundermann, Jr. granted a defense lawyers request for early release of Michael Auberger of Denver, George Cooper of Dallas and Bob Kafka of Austin, Texas, who had served six days for criminal trespassing. Sundermann had sentenced the three to jail terms of 10 days each for their part in last week’s demonstration at the headquarters of Queen City Metro, Cincinnati's public transit agency. Their lawyer, Joni Wiikens, had argued against a jail term, saying the men could have suffered health problems if they were jailed for an extended period. Before he granted the early release, Sundermann asked the men if they planned to go to another city and repeat the demonstration. Auberger and Kafka said they planned to return home. Cooper did not reply. “I think we made our point. The issue won’t go away,” Kafka told reporters after the hearing. Auberger, Cooper and Kafka are members of Americans’ Disabled for Accessible Public Transportation (ADAPT), a national organization that sponsored last week’s protests outside a downtown Cincinnati hotel where the American Public Transit Association was conducting a regional meeting of bus system executives. The activists were protesting Queen City Metro’s policy of requiring the handicapped ride on separate vans for the disabled rather than on regular buses. ADAPT members urged the system to fit the buses with wheelchair lifts, but Metro officials said they did not have money to do so because of the Reagan administration’s cuts in federal transit funding. The vans must be reserved 24 hours in advance. Handicapped people complain that the vans often are booked days in advance, leaving them isolated and unable to get to work or other destinations.
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The Cincinnati Post, Wednesday, May 21, 1986 I-B Title: Disabled activists may defy court order in bus protest By Mary Kane, Post staff reporter Wheelchair-bound activists are prepared to defy a court order today and force a showdown with city authorities over what rights the handicapped have to public transportation. The Rev. Wade Blank, a founder of Americans Disabled for Accessible Public Transportation, said three activists ordered to get out of town will hold a news conference at noon in front of the Westin Hotel. Robert Kafka of Austin, Texas, George Cooper of Dallas and Michael Auberger of Denver risk being jailed on disorderly conduct charges if they show up at the Westin. Judge David Albanese of Hamilton County Municipal Court on Monday ordered the three to leave Cincinnati Tuesday or forfeit their $3000 bonds. A pre-trial hearing is scheduled for June 26. The men were arrested Monday during a demonstration in front of the Westin, where conferees of the American Public Transportation Association are meeting. The activists have been staying at a Newport hotel, an arrangement that does not violate Albanese's order. However, once inside Cincinnati city limits they are in violation. Members of ADAPT, a national handicapped rights group, have pitted their wheelchairs against the steel frames of buses to protest what they call a lack of accessibility to public transportation for the handicapped. Mr. Blank, a Presbyterian minister, said 12 severely handicapped ADAPT members also will attend the news conference today and announce their intent to block buses in the street. That tactic is intended to challenge law enforcement authorities. Mr. Blank said police have been reluctant to arrest the most severely handicapped of the group. A member with cerebral palsy will be among today's protesters, he said. Mr. Blank said the 12 will risk arrest by the action.
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The Cincinnati Post Tuesday May 20 - Photo by Lawrence A. Lambert/The Cincinnati Post: A man (Jim Parker) in a big straw hat and a manual wheelchair sits holding a wooden structure on his feet. Beside him, on his left, a man with dark hair and a dark beard (Frank Lozano) kneels, attaching a folded manual wheelchair to the crossed wood. To his left, another man (Bob Conrad) in a power chair a jacket and an ADAPT shirt, with the access symbol and an equal sign in the wheel, points at what Frank is doing and looks off to his right. Over Bob's right shoulder you can see Bobby Simpson and an African American woman (Gwen Hubbard?) up against some police barriers; the woman is talking with someone. To their right and over Frank's head you can see another man in a wheelchair watching as a woman stands beside him. Over Jim's shoulder you can see another protester in a wheelchair. In the background is the cavernous black of the hotel entrance which is blocked by metal barricades and guarded by police. caption reads: Three members of a national group protesting lack of access to public transportation prepare to lift a cross bearing a wheelchair into place today in from of the Westin Hotel as part of a demonstration. The three are Jim Parker, left, Frank Lozano and Bob Conrad. Title: Activists ordered to leave 3 protesters awaiting trial By Edwin: Blackwell, Post staff reporter Three wheelchair-bound activists were ordered by a judge today to get out of town until their trials or face being jailed on disorderly conduct charges. “This is ludicrous and unconstitutional," said Robert Kafka of Austin, Texas, one of the three. "We got on a public bus and so he is throwing us out of town." The order came after a night when 15 other members or American Disabled for Accessible Public Transportation pitted their wheelchairs against the steel frames of buses in a protest over the rights of the handicapped to public transportation. The protesters rolled their wheelchairs into the paths of buses traveling 40 mph on Kings Island Drive in Warren County and carrying conferees of the American Public Transit Association to a reception. No one was injured in the protest, and no one was arrested. Kafka and two other activists, George Cooper of Dallas and Michael Auberger of Denver, were arrested earlier Monday during a demonstration in front of the Westin Hotel, where the transit association conferees are meeting this week, and the U.S. Courthouse. Kafka and Cooper were arrested on trespassing charges after they boarded a Queen City Metro bus that stopped at the boarding plaza in front of the Courthouse. Auberger was arrested for grabbing a wheel of the same bus. They appeared in Hamilton County Municipal Court today and were told by Judge David Albanese to leave Cincinnati today or forfeit their $3000 bonds. A pre-trial hearing was set for June 26. The three contended the order violated their constitutional rights to free speech but said they will abide by it. They are staying in a motel in Newport, Ky. They said they will discuss possible federal civil rights court action with their attorney, Joni Veddern Wilkens of Reading. "I can’t believe it; this is America," Cooper said. “When you invoke law like it was west of the Pecos, before Texas even became a state . .. get out of town by sundown ... it's scary, it's frightening. I feel it's a basic infringement of my freedom to travel as an American citizen." Cooper, a U.S. Air Force Korean Wax veteran, said it was the first time in ADAPT protests in half a dozen cities that any of its members had been ordered out of town. He said it was the first time they had ever faced actual barricades, as they did in front at the Westin Hotel Monday. “I thought I came from the most conservative city in the country, Dallas," Cooper said. "We just can't believe this." During Monday night's protest near the College Football Hall of Fame, Warren County police moved the ADAPT members from in front of the buses but made no arrests. Police had set up barricades by the hall earlier, but that didn't keep the protesters from roiling their wheelchairs onto the roadway. “I remember flashing in my mind that these might be the first deaths of the civil rights movement of the handicapped," said the Rev. Wade Blank of Denver, Colo., co-founder of ADAPT. “Although I trained them, it just told me how serious it is to these people." Members of the Denver based group say their action shows how far they are willing to go. The protesters want the transit officials to change their national policy on accessibility and Queen City Metro to have wheelchair lifts on all new buses. Today ADAPT members continued to demonstrate in front of the Westin Hotel by hanging a wheelchair from a 10-foot-tall wooden cross to signify “the way APTA is crucifying disabled people." Eleven Cincinnati police officers, including Chief Lawrence Whalen, watched but made no arrests as they guarded the hotel atrium and entrance from some protesters chanting “We will ride. Access is a civil right." Wade Blank said no further attempts to block buses will be made because the group does not want to inconvenience Cincinnati riders.
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Cincy orders protesters out A May bus protest in Cincinnati has been described “as the most effective, courageous and fun action ever accomplished in the movement for disabled rights," according to literature mailed out by the American Disabled for Accessible Public Transit (ADAPT). Some 85 members of ADAPT were in Cincinnati in mid-May to picket a regional convention of its arch-enemy, the American Public Transit Association (APTA) and to dramatize what a lack of accessible buses means to the disabled population of that Ohio city. The action began with the customary march on the convention hotel on Sunday, May 18. No arrests were made but marchers were greeted at the Westin Hotel by police and double barricades. None of the protestors was allowed into the hotel. Pointing out that other people were passed through the barricades, Bob Kafka of Austin, Texas, said the wheelchair protestors were being discriminated against. However, Cincinnati police captain Dale Menkhaus said that such actions, were proper when taken to protect private property from any group seeking to disrupt other lawful gatherings. The following day Kafka and fellow Texan George Cooper of Dallas dragged themselves onto a City Metro bus, paid their fares, and were arrested. They were reportedly told that “it’s not safe for disabled people to be on the regular bus.” The two were later released on $3,000 bond and ordered out of town, an action that ADAPT leaders described as blatantly unconstitutional. A third protestor, Mike Auberger of Denver, who is a former resident of Cincinnati, was arrested when he attempted to block the bus on which Cooper and Kafka were riding. Auberger said he originally left Cincinnati because of that city's “nineteenth century” attitude toward persons with disabilities. None of the Queen City Metro buses are accessible to the disabled, although 87 of the buses do have lifts which have been bolted down. Metro officials estimate it would cost them $350,000 to return those lifts to operational status. A local Cincinnati disabled activist said that's why she agrees with ADAPT’s goals, even if she can't go along with their methods. Dixie Harmon, co-chairperson of the Specialized Transportation Advisory Committee to Queen City Metro and a member of the Greater Cincinnati Coalition of Persons with Disabilities, said that the city’s service for disabled riders was inadequate. A disabled person must request space 24 hours in advance from Access, the paratransit system, but even then there's not always a space. “They dictate our lives to us because we have to go and come as there's space available.” ADAPT members said that's why they were willing to go to jail to publicize their cause. Police, however, made no arrests when 15 wheelchair protestors rolled onto a highway where vehicles were traveling at 40 miles per hour and blocked seven buses that were carrying APTA delegates and their spouses to a dinner at the Pro Football Hall of Fame in nearby Canton. Police were caught by surprise, as they had barricades to turn back protestors at the entrance to the Hall of Fame. Two local disabled leaders who were accompanying the APTA delegation to the dinner were taunted as “Uncle Toms” in front of TV cameras. Early the next day ADAPT members were back in front of the Weston Hotel where they erected a huge cross and hung a wheelchair from it in a mock crucifixion. On the final day of the convention, 17 protestors were arrested when they blocked the hotel driveway and refused police orders to move. Many of those arrested were ordered to jail unless they agreed to leave town. Three protestors, Auberger, Cooper and Kafka, decided the time had come for disabled protestors to do “hard time” and ended up serving 10 days. Five other protestors were turned out of jail because they had special medical problems or speech impairments. Others were released after pleading “no contest” to the charges in hastily organized trials. “Even the story we had left town and the protest was over made TV news," an ADAPT spokesperson said.
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Cincinnati Enquirer 5/28/86 Disabled protesters released on promise to leave city by David Wells, The Cincinnati Enquirer Leaders of last week's disabled rights protests of Cincinnati left jail four days early Tuesday after Municipal Judge J. Howard Sundermann agreed to reduce their sentences. Last Friday, Sundermann sentenced Robert Kafka of Austin, Texas, George Cooper of Dallas and Michael Auberger of Denver to spend 10 days in jail for disorderly conduct. The judge gave each man credit for two days already served, but said they would have to remain incarcerated until this Friday. He modified those sentences Tuesday, saying the medical condition of at least one man seemed to be deteriorating and all three promised to leave Cincinnati if released. The men are members of American Disabled for Accessible Public Transportation (ADAPT). They came to Cincinnati last week to demonstrate against the American Public Transit Association, which was holding a convention at the Westin Hotel. The group also demonstrated against Queen City Metro in an effort to get the company to include wheelchair lifts on all new buses. The rest of 17 protesters arrested last Wednesday with Auberger, Kafka and Cooper were released by Friday, but Sundermann said the three leaders deserved more severe sentences than the others because they disobeyed an earlier court order. The three first were arrested for disorderly conduct May 18 during a demonstration against Queen City Metro at Government Square. They were released on bond and told to stay out of Cincinnati until their trials. Sundermann modified that order last Wednesday morning, saying the men could rejoin the ongoing protests as long as they did not break any laws. Within three hours, Kafka, Auberger and Cooper were rearrested, accused of blocking the Fourth Street entrance to Metro headquarters by chaining their wheelchairs together. “They apologized for that this morning," Sundermann said. “They said they just got caught up in the spirit of the protest.” Sundermann agreed to reduce the sentences on a motion from defense attorney Joni Wilkens, who noted that Auberger had been taken to University Hospital Sunday because of a recurrent medical problem related to his disability. Assistant City Prosecutor Charles Rubenstein did not object to the reduction of the sentences. All three men are confined to wheelchairs, and Wilkens said she was afraid continued time in jail might impair their health. After leaving jail Tuesday, Kafka said the three “felt we had made our point and raised awareness (of) the problems of the disabled."
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THE CINCINNATI ENQUIRER Wednesday, May 21, 1986 [This article continues in ADAPT 245, but the entire text is included here for easier reading.] [Headline] Handicapped bus protests to continue [Subheading] Judge offers three protesters choice of jail or leaving city BY DAVID WELLS and JAMES F. McCARTY The Cincinnati Enquirer and ENQUIRER WIRE SERVICES The issue of handicapped people and their accessibility to mass transit reached a peak Tuesday locally and nationally, sparking protests that were expected to go on today. In Cincinnati, a judge ordered three handicapped protesters who had been arrested to leave the city or go to jail. One of the men, a native Cincinnatian, chose to ignore the edict, and his bail of $3,000 was revoked late Tuesday. In Washington, D.C., the Department of Transportation issued long-awaited criteria for making the nation's public transportation systems more accessible to 20 million handicapped people. Neither decision was well received by the handicapped community. The Rev. Wade Blank of ADAPT (American Disabled for Accessible Public Transportation) said late Tuesday that a dozen or more of its members were planning an act of civil disobedience in Cincinnati today that he expected would get them all arrested. “We decided that to leave Cincinnati under the present atmosphere of basic human rights violations, would be to ignore our moral obligations," Blank said. George Cooper, who was arrested Monday said, “I thought my hometown of Dallas was conservative, but Cincinnati is more conservative." Cooper arrested Monday with two other members of ADAPT on charges of disorderly conduct during a demonstration at Government Square. Hamilton County Municipal Judge David Albanese imposed the sentence on the the ADAPT protesters. Late Tuesday, police spotted ADAPT member Mike Auburger, a former Cincinnatian who lives in Denver, driving a car through the -- city—an apparent violation of Albanese's order to leave the city. Cooper and Robert Kafka, Austin, Texas, were arrested after they crawled up the steps of a Queen City Metro bus, paid their fares and demanded the right to ride. Auburger was arrested when he tried to grab a wheel of the same bus as it pulled away from the stop. Metro's Assistant General Manager Murray Bond said disabled persons were not permitted on regular coaches because the company does not think it is safe. Metro provides wheelchair lifts on Special Access buses. but Bond said the cost of installing wheelchair lifts on regular buses would be prohibitive. Defense attorney Joanie Wilkens said after Tuesday’s hearing that she considered Albanese's order unusual but that ADAPT did not have the time or resources to fight it in court. ADAPT members were in Cincinnati to protest policies of Queen City Metro and the American Public Transit Association, which is having a convention at the Westin Hotel. In Washington, DOT's issuance of a final regulation requiring transit systems to provide reasonable alternative transportation for the handicapped contained no surprises. Many transit systems have been moving for several years toward providing alternatives such as van service or a taxi voucher system for handicapped passengers. But ADAPT and other national disability rights groups, dismayed by the new rule, almost immediately filed federal lawsuits against DOT to block the move. Handicapped representatives said the new rule fell far short of carrying out the law. A federal court in 1981 ruled that a federal requirement that all transit systems be accessible to the handicapped was too much of a financial burden. It told the Urban Mass Transportation Administration to develop new requirements that would assure that the handicapped are provided service. Under the final rule announced Tuesday, a transit authority must establish some alternative services for the handicapped if the regular bus or rail service can not be made accessible. Other members of ADAPT continued to picket in their wheelchairs in front of the Westin Hotel on Tuesday. The group suspended a wheelchair from a wooden cross. It symbolizes how the disabled are being crucified," said Bill Bolte, who helped to hoist the chair. PHOTO -- The Cincinnati Enquirer/Fred Strau: Two protesters hang a wheelchair on a large wooden cross. One man in a cowboy hat and plaid shirt (Joe Carle) steadies the cross and the chair from below, while a second man (Jim Parker) stands and pulls the manual wheelchair higher. Behind them several other protesters (including Joanne ____) watch and stand by extensive police barricades in front of the APTA convention hotel. Caption reads: Joe Carle, left, and Jim Parker chain a wheelchair to a cross Tuesday outside the Westin Hotel. The two were among several members of the American Disabled for Accessible Public Transit demonstrating against City Metro and the American Public Transit Association which is meeting at the Westin.
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May 22, 1986 - Cheyenne Wyoming State Tribune—27 [Headline] Handicapped Protesters Arrested CINCINNATI (UPI) — A group of handicapped protesters charged with disorderly conduct and criminal trespass refused to post bond and spent the night in the Hamilton County Justice Center. The demonstrators, protesting the lack of access to public transportation for the disabled, were arrested Wednesday for blocking entrances to the Westin Hotel and the building housing offices of the city's bus system. The Westin was singled out because the American Public Transportation Association was holding a regional conference there this week. Barricades had been erected to keep the protesters from entering the hotel. Several of those arrested were released on unsecured appearance bonds for medical reasons. The first defendant's trial was scheduled for next Wednesday. “If the Cincinnati transit system, police and judicial system deny access to disabled people, why can't the disabled block the access to the system,” said Michael Auberger of Denver before his arrest. “We just want to be treated like everyone else.” Auberger was among those who spent the night in jail. About 40 wheelchair-bound members of American Disabled for Accessible Public Transportation, based in Denver, participated in the demonstration. Fourteen were arrested and charged with disorderly conduct. Robert Kafka of Austin, Texas, George Cooper of Dallas and Auberger, all of whom had been arrested earlier in the week, were charged with criminal trespassing for blocking the entrance to the building where Queen City Metro's offices are located. The three men, confined to wheelchairs, had been arrested Monday for refusing to get off a bus they had paid to board. A Hamilton County Judge had ordered them to leave Cincinnati until their trial, but another judge rescinded the order Wednesday morning. Auberger, Cooper and Kafka attempted to speak to Queen City officials but were not permitted to enter their offices. When they returned to the ground floor, they chained their wheelchairs together to block the entrance. One worker was forced to use an alternative route to return to her office. "We asked one lady to wait a few minutes," Auberger said. “The disabled are told to wait a lifetime.” The Rev. Wade Blank, director of ADAPT, said some staff members would remain in Cincinnati and that local clergy would be asked to monitor and support those arrested.
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The Cincinnati Enquirer Photo by the Cincinnati Enquirer/Michael E. Keating: Four police officers holding a thin, tall man (Jim Parker)by his legs and arms suspending him in the air while they try to place him in the wheelchair. Another police officer and a passerby at the street corner are visible in background, as well as a city bus parked with its doors open. Caption: Cincinnati Police lower ADAPT activist Jim Parker into his wheelchair after removing him from a Metro bus. He had crawled aboard. [Headline] Group seeks access for wheelchairs By David Wells George Cooper and Bob Kafka climbed aboard a City Metro bus at Government Square Monday, paid their fares and were arrested. Cooper and Kafka were among several dozen members of the American Disabled for Accessible Public Transit (ADAPT) demonstrating this week against Metro and the American Public Transit Association gathered at the Westin Hotel. ADAPT disrupted operations at Metro’s main downtown stop on Government Square for about two hours Monday. Following arrests of Cooper and Kafka, Metro rerouted its buses and avoided further confrontation with the wheelchair-bound demonstrators. ADAPT wants full accessibility for the handicapped on all public transportation facilities. Regular Metro coaches do not have wheelchair lifts. The company does provide transportation for the handicapped with special, lift-equipped Access vans. ADAPT claims that Access vans are unreliable in poor weather and even in good weather require a 24-hour advance reservation. The group also wants the national transit association to adopt a resolution at its Cincinnati convention requiring full access for the handicapped. Wheelchair-confined demonstrators picketed Westin entrances throughout the day but were denied admission to the hotel or adjoining public atrium. Cooper of Dallas, and Kafka of Austin, Texas, were charged with criminal trespass after they refused requests from Metro and the Cincinnati Police to get off the bus. “There are no lifts in these buses. It is not safe (for the handicapped), “said Murray Bond, assistant general manager for the company. Yet, after Cooper and Kafka were arrested, they were transported to the Hamilton County Justice Center on the bus rather than being transferred to a lift van. “That was a judgement call on my part,” said Capt. Dale Menkhaus, who headed the police detail. “It was decided it would be much easier and safer to transport them on the bus than to try to carry them off of it.” Four officers rode with the prisoners to ensure they were not jostled on the five-block trip to jail. Also arrested at the demonstration was Mike Auberger from Denver, who Menkhaus said attempted to block the bus carrying Cooper and Kafka. Auberger was charged with disorderly conduct and taken to the Justice Center in a lift van. Menkhaus said it was “a no win situation” for the police. No matter how sensitively the officers acted, they still had to confront and arrest people in wheelchairs. Officers in that detail were briefed on handling the demonstrators. Menkhaus said. “Our officers were told to ask each individual what the best way to lift him was, even to the point of which limb they would prefer to have moved first.” Still, to the members ADAPT, they were being dragged off the buses. “People were being dragged off the buses because they just wanted to ride,” said Bill Bolte of Los Angeles. When ADAPT member Rick James, a cerebral palsy victim repeatedly tried to roll his motorized chair into the street and in front of buses, police officers unplugged the chair’s battery. It left James immobile on the sidewalk. Other ADAPT members reconnected the battery and James pulled up in front of another bus. Metro eventually took the bus out of service and left it parked at the stop during the demonstration. At the Justice Center, all three prisoners co-operated fully with deputies, said Sheriff Lincoln Stokes. About five other demonstrators boarded buses that pulled in the stops at Government Square but they got off the bus when asked to do so, Menkhaus said.
Incitement v.1 n.1 p.2
page 2 includes photo of ADAPT marching in San Antonio; Article: Short History of ADAPT; article: Why Incitement?; photo: ADAPT rally at the Alamo; article: Getting Involved with ADAPT; early We Will Ride logo; position statement of ADAPT of Texas; contact info for the editors of the ADAPT collective (Stephanie & Bob, Jim Parker; George Cooper; Rand Metcalf)