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ADAPT (553)
June 12, 1990 - Guardian. 5 Disabled 'ecstatic' as rights act clears House By DIANE COLEMAN The Americans with Disabilities Act, considered by many to be the most sweeping civil rights legislation since the 1964 Civil Rights Act, easily cleared the House of Representatives May 22. It is expected to reach the president‘s desk by July 4. The act prohibits discrimination based on disability in public accommodations, employment, transportation and telecommunications. It is intended to address "rampant, daily discrimination in every sphere of American life,“ Rep. Pat Schroeder, D-Colo., told her colleagues on the House floor. “Mentally retarded persons are kept out of restaurants. Persons with cerebral palsy are turned away from theaters. . . . Employers cite fears of hiring disabled persons because their customers will feel uncomfortable or even repulsed,” Schroeder added. Despite strong opposition from private business and transportation lobbies, chief among them the National Federation of Independent Businesses and Greyhound Lines, Inc. , the Americans With Disabilities Act achieved bipartisan support in both houses of Congress. The House vote was 403-29. Under pressure from the NFIB and the National Restaurant Association, the House version of the bill was amended at the last minute to allow employers to remove people with HIV infection from food handling positions. Sponsored by Rep. Jim Chapman, the amendment passed narrowly, although the Texas Democrat conceded there is no “evidence that‘AIDS can be transferred in the process of handling food.” Tom Sheridan of AIDS Action, representing 500 community-based service organizations, predicted that the Chapman amendment would go down to defeat in the House-Senate conference committee. “It’s a horrible amendment for all people with disabilities because . . . it begins to codify the fact that irrational fear is protected by the law,” he said. Nonetheless at press time Senate conferees had agreed to include the restrictions. “Cheers and tears” filled the House gallery at the moment of the ADA's long-awaited passage, according to Tennessee disabled activist Michael Gibson, “but we all know that the bill is only a first step. Several agencies will be writing key regulations which offer innumerable opportunities to weaken the effect of this legislation,” Gibson said. SOME DELAYS, FEW LOSSES While many activists feared the House would water down the Senate version of the bill, Marilyn Golden of the Disability Rights Education and Defense Fund said that the ADA “has not been weakened anywhere near the extent that much legislation is. " According to Golden, who has worked intensively for the bill's passage over the last two years, various timetables and phase-in provisions were adopted to avoid other forms of compromise. The ADA’s protections against employment discrimination, which parallel those applied to federally funded entities since 1973, do not go into effect for two years. Prohibitions against discrimination in public accommodations, such as theaters and restaurants, will require accessibility in facilities “construct[ed] . . . for first occupancy no later than 30 months after the date of enactment." Telephone companies will have three years to put in place a relay service for deaf people and others who depend on non-voice telecommunication. A requirement that all new public buses be lift-equipped will take effect in only 30 days. Many attribute this to seven years of non-violent civil disobedience by the American Disabled for Accessible Public Transit. Greyhound, a private carrier, was given six years to begin replacing its retired buses with accessible ones. Activists also waged a last-minute battle over employment discrimination remedies. Recently proposed legislation would add damages to the relief available to discrimination victims under Title VII of the Civil Rights Act of 1964. In the face of this, Golden said. the Bush administration tried “to renege on its agreement for parallelism” between the ADA and the 1964 act. It backed an amendment that would have kept remedies for disability-based discrimination at current levels if and when discrimination remedies are increased for other minority groups and women. The amendment was narrowly defeated just prior to the final vote on the bill itself. Overall, Golden said. “We're ecstatic." The ADA “will hopefully begin to convey to the American public. left, center and right (because in some ways I don't think the consciousness of the left is any better), that disability is not a personal issue, that there’s a systematic oppression of people with disabilities. . . . Even Congress has faced the fact of the systematic discrimination. " PHOTO (by Tom Olin): A closer view of a mass of marchers coming around a huge tree on a broad sidewalk leading up to the Capitol. Stephanie Thomas, Frank Lozano, Jennifer Keelan and others lead the march which is 12 across in some places and scattered in others. The ADAPT flag (an American Flag with the stars arranged in the wheelchair symbol instead of in rows) flies over the crowd from a few rows back. Some people are in suits and ties, some in T-shirts. Some are in wheelchairs, some carry cameras; children to older folks are in the mix. Caption reads: Seven years of nonviolent civil disobedience by the American Disabled for Accessible Public Transit has been credited for the requirement that all new buses be lift-equipped. Above, ADAPT march on U.S. Capitol.
ADAPT (261)
The Cincinnati Post Thursday May 22, 1986 1B [This article continues in ADAPT 251, but the entire text is included here for easier reading.] PHOTO by Patrick Reddy/The Cincinnati Post: A lone man in a wheelchair (Glenn Horton) sits in front of a metal police barricade. He wears his pale ADAPT T-shirt with the ADAPT no steps logo imprinted in black on the front. He looks casual but determined, with one foot resting higher on his chair than the other, and his hands folded in his lap. Behind him is cavernous black, some kind of entrance. And around him stand four police officers dressed in dark colors, with light colored hats with eye shades. Each officer is looking determinedly in a different direction. Caption reads: Four police officers look on as Glenn Horton of El Paso, Texas, waits for a van to take him to the Hamilton County Jail after he was arrested at a protest at the Westin Hotel. Horton was among 17 disabled protesters arrested Wednesday. Title: Protesters ready for long jail stay Post staff report Comparing Cincinnati to Selma, Ala., in the 1960s, 11 members of a handicapped activist group are vowing to stay in jail to end alleged discrimination against the handicapped. Of 17 disabled protesters arrested Wednesday, 14 were charged with disorderly conduct for blocking the Westin Hotel entrance. Three were charged with criminal trespassing after chaining themselves to the front doors of Queen City Metro’s offices at 6 E. Fourth St., downtown. Scheduled court dates ranged from May 28 through June 2, so some of the protesters could be in jail for as long as 12 days. Demonstrating against lack of access to Queen City Metro buses, members of Americans Disabled tor Accessible Public Transportation have timed protests this week to coincide with an American Public Transit Association conference at the Westin. The five-day conference ended Wednesday night. “This (Cincinnati) is the Selma, Ala., of the disabled civil rights movement,” said the Rev. Wade Blank of Denver, a founder of ADAPT. “People from all over the country have been calling to say they are willing to get arrested. This has not happened in many cities.” Access Service, Queen City's alternative transit system for the elderly and handicapped, is inadequate and overloaded, ADAPT members say. “We are committed and the people who got involved in this knew it would be more than an overnight stay in jail," said Stephanie Thomas, an ADAPT organizer. “We will not post bond for them." The 11 jailed ADAPT members have been separated from the rest of the prison population and have a full-time employee watching over them at the Hamilton County Justice Center, said Victor Carrelli, Hamilton County chief deputy sheriff. Hamilton County Municipal Judge David Albanese held a special two-hour hearing Wednesday for the 17 under judicial orders covering mass arrests or civil disobedience cases. Those charged with crimi nal trespassing were Michael W. Auberger, 32, of Denver, Colo.; George Cooper Jr., 58, of Irving, Texas, and Robert Kafka, 40, of Austin, Texas. Albanese set bond for the three, who pleaded not guilty, at $3000 cash and "banned them from the city if they chose to post bond. They did not. Kelli Bates, 21, of Denver, the only woman arrested, was the only ADAPT member to plead no contest to a disorderly conduct charge against her. Albanese found her guilty and sentenced her to 30 days in jail if she has not left the city by Friday or enters the city before Friday. Lonnie Smith, 30, of Denver, charged with resisting arrest and disorderly conduct, pleaded not guilty. Albanese set a $2500 10-percent bond for the resisting charge and a $1500 10-percent bond for the disorderly conduct charge. Those pleading not guilty to charges of disorderly conduct and placed on a $1500 10 percent cash bond were Ernest Taylor, 31, of Hartford, Conn.; William Bolte, 54, of’ Los Angeles; Glenn Horton, 46, of El Paso, Texas; Joseph Carl, 47, of Denver, and James Parker, 40, of E1 Paso. Those pleading not guilty to charges of disorderly conduct and given higher bonds because of prior records were Robert Conrad, 32, of Denver, on a $2000 10-percent cash bond and George Roberts, 37, of Denver on a $3000 10-percent cash bond. Those pleading not guilty to charges of disorderly conduct and released on a $1500 unsecured bond because of medical problems were Arthur Campbell, 39," of Louisville; Kenneth Heart, 36, of Denver; Efrain Lozazno, 35, of El Paso; George Florom, 43, of Colorado Springs, Col; and Rick James, 36, of Salt Lake City. In all cases where bond could be posted, Albanese warned the people not to return to Cincinnati except for court appearances or meetings with their attorneys. Prosecutor Charles A. Rubenstein in many of the cases protested Albanese’s decision to allow the prisoners to be released on bonds. “There is a great likelihood if they are released on bond they would create "further problems and turn this court into a revolving door,” he said. However, James Nicholas of the public defenders office, who was appointed to aid the group's privately hired legal counsel, said "the group would cause no further problems. “The reason that they came, here is finished. They have no reason to remain." After the hearings were finished, Nicholas said most members of the group had vowed to remain in jail.
ADAPT (260)
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.