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Akceptejo / Fotaroj / Etikedoj jail
+ George Cooper 5
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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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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.
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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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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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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."