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Hem / Album / Tagg Judge Gladstone 4
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Two different articles included here Wednesday, April 12, 1989 Las Vegas Review Journal p7B [Headline] Handicapped protesters refuse food in Sparks Associated Press: SPARKS — Handicapped demonstrators who have been jailed as a result of their picketing outside a gathering of public transportation officials are now refusing to eat, Washoe County Sheriff Vince Swinney said Tuesday. Swinney said 30 people serving three-day sentences are only drinking water but won't take any meals. About 75 members of a national group calling itself The American Disabled for Accessible Public Transit have been demonstrating outside the Sparks Nugget, where the American Public Transit Association is holding its regional meeting. The protesters contend the transit association is not doing enough to make it easier for people in wheelchairs to gain access to public transportation. Swinney said he realizes the handicapped face a number of barriers, but called the demands the demonstrators are putting on the sheriffs office, on police and on the courts an “inappropriate use of the criminal justice system to educate the public to what is a public problem." He said he doesn't know how much the overtime and extra staffing is going to cost Sparks and the county. Swinney and the jail were to have been the target of a Tuesday news conference called by protest organizer Mike Auberger of Denver, who earlier said the jailed demonstrators had not received proper medical treatment. But Auberger said most of the problems at the jail were worked out in a two-hour conference with officials. Swinney said the jail has brought in an extra doctor with expertise in helping handicapped patients and has called for additional nurses who can work with the handicapped. Meanwhile, Swinney said the inmates' hunger strike is causing him concern over one of the prisoners, a woman with a history of seizures brought on by a chemical imbalance when she doesn't eat. The sheriff said most of the protesters are serving their three days in regular cells or the infirmary because the jail has only two cells for the handicapped. Forty-nine people were arrested Sunday and while most were not fined or jailed, they were told not to get arrested again. Those who were among the 25 arrested on Monday received sentences and fines of $265 to $315 in exchange for their guilty pleas. end of article 1 Reno Gazette-Journal Thursday, April 13, 1989 [Headline] Most handicapped protesters decide to remain in jail By Susan Voyles/Gazette-Journal Sparks Municipal Judge Don Gladstone late Wednesday offered to release 30 jailed handicapped protesters if they pay $100 of their fins and promise to pay the rest later. Two accepted the offer, but Mike Auberger, leader of the American Disabled for Accessible Public Transit (ADAPT), said he doubts many other members of his group will. The prisoners are entering their third day of a hunger strike in the Washoe County jail today in protest of sentences by Gladstone they claim are too harsh. The 30 protesters were arrested in demonstrations held on Sunday and Monday against the American Public Transit Association, which ended its western regional meeting at John Ascuaga‘s Nugget on Wednesday. ADAPT is picketing the transit group because many of its members operate public bus systems that do not have lifts for wheelchairs. Of the 30, 27 pleaded guilty or no contest to charges of obstructing sidewalks and fire entrances. Most of them were sentenced to three days in jail, which would end today or tomorrow, and given $580 in fines. Gladstone said he will allow them to pay $100 in fines each if they promise to pay the rest later in installments or do community service work in their home towns. Auberger said his group has only $500 to pay the $3,200 in fines needed to release the group. Those arrested would have to sit in jail for another 23 days in order to pay off their fines, which are reduced at a rate of $25 a day. "But I wouldn't be surprised if they say they'll serve the days rather than give them any money," Auberger said. Auberger and others said Sparks is the only city where the handicapped demonstrators have been jailed for such offenses as obstructing sidewalks. Pat Gilbert, a Reno attorney, was to meet with the 30 protesters Wednesday night to see what they want to do. Gladstone was prepared to hold hearings in the jail to begin releasing them. Two people already have been released for medical reasons after receiving treatment at local hospitals, and one woman, still in jail, is having up to 80 seizures a day, Auberger said. Washoe County Sheriff Vince Swinney declined to comment on the condition of the prisoners Wednesday, saying it only provides more fuel for the media to publicize their plight. However, several officers said the jail now has two doctors and ll nurses on duty, two more than were on Tuesday and nine more than the number of nurses usually assigned to the jail. In an initial court hearing, Gladstone lectured the demonstrators, saying their mass arrests have “tarnished” their cause. “I think you need new leadership" he said. After the hearing Wednesday, Auberger and a band of about 20 demonstrators peacefully protested in front of the Nugget, making a final stand against the transit association. Auberger said most of those who aren't in jail will be leaving town today, although a few will stay to help those in jail. Sparks police say it will take at least a week and half to determine the overtime and other expenses incurred because of the demonstrators. Jerry Peltier, a transit association board member from Richland, Wash., said the protest had no impact on the 500 member group. Parley Johnson, spokesman for the Nugget, said the demonstration cost the Nugget extra money for security guards. He also said business at the Nugget slowed the last few days.
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This article is continued in photo 451, but the text of the entire article is included here for ease of reading. The Handicapped Coloradan May 1989 VOL. 11, NO. 11 Boxed text in masthead: If you use a wheelchair and ever tried — or wanted -- to board an accessible bus in Detroit between Nov. 10, 1984, and the present, you owe it to yourself to read Justin Ravitz‘s story on p. 3. Photo: Man, in a dark suit standing against a white background with his hands in his pockets. He has dark hair and large eye glasses, a firm thoughtful look on his face. Caption reads: Mayor Pena tells UMTA officials they have a “moral obligation" to put lifts on buses. [Headline] Court grants transit rehearing In the wake of an often ugly battle with police, hotel security guards and the courts in Reno, wheelchair activists are heading for Philadelphia where the U.S. Court of Appeals has agreed to vacate its Feb. 13 decision to require all new buses purchased with federal funds to be equipped with wheelchair lifts. The case will now be heard by the entire 13-member court rather than the three judges who originally handed down the decision on a 2-l vote. The rehearing was requested by the Department of Transportation and the Department of Justice. Six disabled leaders had met with President Bush in an attempt to persuade him to call off the appeal. Bush didn't give them an answer at the time, said Wade Blank, one of the founders of the radical American Disabled for Accessible Public Transit (ADAPT), "but it's obvious the President has no intention of taking our side." So when the court convenes at 10 a.m. May 15, scores of wheelchair demonstrators will be outside chanting, "We will ride," the battle-cry of the six-year old movement. At press time, demonstrators were planning on arriving in Philadelphia on May 12 and demonstrating in front of the Justice Department there, up to but not including being arrested. "That will come later," Blank said. On Saturday, demonstrators are expected to attempt to board city buses, crawling onto them if necessary, and to otherwise disrupt service until Philadelphia transit officials sign an agreement promising to provide accessible service. Then on Sunday, the day before court opens, demonstrators will don Revolutionary War uniforms and march from Independence Hall to the federal courthouse, led by fife and drum. The movement is at a crossroads, Blank said, pointing out that many of his fellow activists are afraid that the court will reverse its pro-accessibility vote when its decision is made known, 30 to 90 days from now. Many of those activists are reluctant to appeal the decision to the U.S. Supreme Court if they lose in the Court of Appeals, arguing that the high court has a conservative majority, “We might have to wait 20 years before we get a liberal court," Blank said. "Better we find out where we stand with the court right now and then decide on a course of action." ADAPT has had plenty of experience with conservative judges in recent weeks, according to Blank, who said he broke down and cried at the treatment wheelchair defendants received in the Sparks courtroom of judge Don Gladstone. Gladstone told demonstrators that their mass arrests had "tarnished" their cause and suggested that the group needed "new leadership." Blank said Gladstone's courtroom was a zoo. "He locked the doors and screamed at us." Gladstone wasn't the only person in Reno and Sparks who was upset with ADAPT, which was there to protest at a regional meeting of the American Public Transit Association (APTA) as they have done in 16 other cities over the latter group's refusal to endorse mandatory accessibility for all transit systems in the country. The police weren’t very happy, either. Some 72 demonstrators were arrested during the 5-day-long protest, with about half of that number going to jail. City officials estimated that the protest cost local taxpayers at least $116,000. Police estimated their costs of controlling the group at $79,275, while the sheriff's department, which runs the Washoe County jail, placed its costs at about $34,164. Gladstone said municipal court costs will run about $3,000. But it wasn't just the money that bothered city and county officials. "While (the police) are out there handling these individuals and you cal 911, the response times change dramatically,” said Sparks Municipal Court judge Andy Cray. Police Lt. Tony Zamboni said, "We understand these people have certain rights, but they also don't have the right to obstruct other citizens." Sheriff Vince Swinney agreed with Zamboni and also seemed a bit miffed that the media were playing up the plight of the demonstrators. "Somebody should realize this is what these people want to do," he said. "if they were treated like royalty, they wouldn't be happy. And the media is playing it up 100 percent. I really think that we who have been here and will continue to be here deserve some credibility." ADAPT organizer Mike Auberger, 34, of Denver, said that the Washoe County jail was not prepared to deal with housing 30 disabled prisoners, although sheriffs department officials disagreed, saying that extra doctors and nurses were on duty. Twenty-two of the jailed demonstrators staged a hunger strike, including one woman who was warned by a doctor that she would ultimately go into seizures if she participated in the fast. Another demonstrator, Diane Coleman, an attorney from Los Angeles, was taken from the jail at 3 a.m. Tuesday morning when she started vomiting. Coleman was taken to the Washoe Medical Center where she was given liquids intravenously for dehydration. Headline for part 2 of article: Reno protest turns ugly as judge lectures ADAPT ”Get new leaders. ” Blank said that three or four demonstrators had to be hospitalized when they returned home because of inadequate care received at the jail. For example, Auberger was not allowed to empty his leg bag and he went into hyper reflex, according to Blank. “His blood pressure shot up to 300 and nearly blew his head off," Blank said. Unable to place a call to fellow ADAPT members in Sparks, Auberger was forced to call his parents in Indiana to see about getting help. Ultimately, Auberger had to bail himself out of jail in order to get medical treatment. “That's when the police began telling other jailed demonstrators that their leaders were bailing out on them," Blank said. Demonstrators also complained that the police in Reno and Sparks were rougher than the ones they had dealt with in other cities, pointing out that more of them were actually handcuffed than was usually the case. Most of the demonstrations took place outside the Nugget Casino and Hotel, which was serving as APTA's convention headquarters. Some 700 delegates were staying there. Demonstrators attempted to block all the entrances to the hotel to show APTA delegates what it is like not to have access to public institutions, buildings and buses. One demonstrator, Beverly Furnice, said her knee was broken when a Nugget security guard hit her leg as she was wheeling up to the door on the southeast side of the hotel. Nugget spokesperson Parley Johnson said he was sorry to hear about Furnice. “We made every possible effort to ensure the safety of all involved," he said. "However, if we have someone trying to get in, and we're trying to get the doors closed, what can I say? The person (trying to get in) is contributing to the problem. "We could not allow the group to come in and disrupt our business and cause problems with our customers. And we have every right to do this." Judge Gladstone several times commented on how well the hotel staff and police handled the situation. “He's just a front man for the casinos," Blank commented. On the other hand, demonstrators had nothing but praise for Reno's Citifare public transit system, which has already made a commitment toward a 100 percent lift-equipped bus system. All Citifare buses bought since 1984 have lifts, and the system expects its nonaccessible buses to be phased out by 1996. "We're not fighting Reno or any other city," Auberger said. “We're fighting APTA." Less than three weeks later, demonstrators were doing just that again, this time in Denver, where ADAPT was founded in 1983, Some 30 demonstrators were arrested as they protested outside the Radisson Hotel, where the Urban Mass Transit Association (UMTA) was holding a national transportation conference. The next day, April 25, 40 demonstrators, 30 of them in wheelchairs, were forcibly removed from the Federal Building at 9th and Stout by federal officers. Demonstrators were protesting word that the Department of Transportation, of which UMTA is part, had decided to appeal the Court of Appeals decision. "We are tried of winning lawsuits and never getting them implemented," said protester Maureen O'Rourke. UMTA‘s Alfred A. DelliBovi disagreed with the original court decision, saying his agency supports letting each transit provider decide how to handle disabled riders. Earlier Mayor Federico Pena met with ADAPT and reiterated his strong support for their goals, a statement he repeated when he met later with UMTA officials. Pena was responsible for forcing APTA officials to allow ADAPT to address its national convention in Denver in 1983. That is the only time ADAPT members have been allowed inside an APTA convention.
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Wednesday, APRIL 12 1989 RENO GAZETTE-JOURNAL Photo by Tom Spitz/Gazette-Journal : A somewhat frail looking man, Randy Blatz, in a large wheelchair sits sideways looking at the camera. A sign is taped to the side of his chair; it reads "WE WILL RIDE." His legs are extended out in front of him and are covered by a blanket. Behind him another wheelchair protester looks at the camera with his arm up shading his face and his view. Behind them are other protesters in a line, pretty much filling the picture. Caption reads: BACKER: Randy Blatz of Hayward, Calif, shows support for his locked-up comrades Tuesday outside the Washoe jail. [Headline] Disabled protesters maintain hunger strike [Subheading] Jailed demonstrators getting care, sheriff says By Susan Voyles/Gazzette-Journal A hunger strike in the Washoe County jail by 22 handicapped prisoners — arrested for obstructing sidewalks while protesting a public Transit meeting in Sparks -— continued Tuesday night, although nine demonstrators broke their fast. Leaders of the American Disabled for Accessible Public Transit (ADAPT) group encouraged jailed protesters to break their fast after Washoe County Sheriff Vince Swinney early Tuesday afternoon promised the inmates more nurses, if needed, and more medical supplies. But Lt. Rod Williams said the hunger strike wasn't over medical treatment. "They're protesting the fact they're here,“ he said, “not the conditions in the jail." The hunger strike began Monday night after 25 people were arrested and jailed in a demonstration against public transit officials meeting at John Ascuaga's Nugget. The meeting concludes today. Five others have been in jail since Sunday night, when ADAPT began a planned four-day protest. They're here to protest the western regional meeting of the American Public Transit Association, which is fighting ADAPT's legal efforts to require all federally funded transit systems to buy buses equipped with wheelchair lifts. Swinney said one female prisoner vowed to continue her fast even though she was warned by a doctor that she'll ultimately go into seizures. Another woman, Diane Coleman of Los Angeles, was released from Washoe Medical Center Tuesday morning after being given liquids intravenously for dehydration. She was taken to the hospital about 3 a.m. Tuesday when she began vomiting. Mike Auberger, organizer of the Denver based group, and Pat Gilbert, his Reno attorney, met with Swinney early Tuesday afternoon to discuss jailed ADAPT members complaints. "People in charge are now in the process of trying to respond to the situation, which they've never been in before," Auberger said at a news conference outside the jail. “It's a lot more positive than it was two hours ago." Swinney said the jail has put 11 nurses to work, nine more than usual. And more nurses and a doctor will be brought in if needed, he said. But he admitted the jail did not have enough medical supplies, such as catheter drainage bags, on hand and had to order more. Normally, the jail sees only about six handicapped prisoners a year. Sparks Municipal Judge Don Gladstone defended the sentences handed down to the protesters. Of the 30 in jail, the majority were sentenced to three days for obstructing sidewalks, fire entrances or a police officer, and given an average fine of $580. On Sunday, only five of 49 people arrested went to jail. Those five pleaded innocent and will have their trials Monday. Gladstone said he warned ADAPT members he'd get tougher on them. "Clearly, everyone was put on notice," he said. "We're not following their rules" Auberger, who was also arrested but paid a fine to get out of jail Monday night, was outraged so many of his people were arrested. "I have been in many cities where I have done civil disobedience and I wasn't arrested," he said. "Maybe it's the politics of Sparks that the city has to respond to what the Nugget wants. it's real clear (Gladstone) was being forced to do what he did." “They don't toss people in jail for blocking sidewalks in most cities," complained Pete Mendoza of Marin County, Calif. "They were researching ordinances to arrest us.“ Gladstone who said he supports the rights the handicapped are seeking, said he is simply doing his job and the demonstrators were amply warned. Among the 50 or so protesters outside the jail Tuesday was Beverly Furnice of Denver, with a thick, fresh bandage around one of her twisted legs. She claims her leg was broken Sunday night when a security guard tried to move her out of a doorway. She was treated at Sparks Family Hospital, but officials would not confirm that her leg was broken. She was arrested after the incident, and said she sat in Sparks Municipal Court for five hours before she was released with a verbal warning. Nugget spokesman Parley Johnson said he's not sure what happened to Furnice. "There was a lot of shoving and pushing going on," he said "If it did happen, I'm very sorry about it." Gladstone said he doubted she broke her leg. He said he and his staff held arraignments until midnight Sunday and were far more inconvenienced than Furnice or anyone else arrested.
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San Francisco Examiner TITLE: Disabled protest for more funds for home attendants Subheading: Entrances to downtown Marriott are blocked By Wylie Wong of the Examiner Staff, October 19, 1992 About 300 demonstrators in wheelchairs blocked the entrances to the San Francisco Marriott, calling for more funds to allow the disabled to live outside of nursing homes. Sunday's protest was designed to drew attention to the 16 million disabled people who have no choice but to live in nursing homes, said the Rev. Wade Blank, a co-founder Americans Disabled for Attendant Programs Today (ADAPT). The protesters targeted the American Health Care Association, a nursing-home trade group whose members are staying at the Marriott on Fourth and Minion streets while attending a convention at nearby Moscone Center. ADAPT wants 25 percent of the $27 billion paid to nursing home operators under the Medicaid program to be used to help disabled people pay for personal attendants. But the Bush administration and the health care association, which represents about 10,000 nursing homes, oppose the plan. Only $600 million of that money currently is used for in-home attendant care, said ADAPT co-founder Michael Auberger. Police escorted the protesters on the eight-block trip from their Market Street hotel, and watched as they barricaded themselves at the Marriott's entrances. The protesters chanted. "Down with nursing homes, up with attendant care.” Police were able to keep some entrances open for hotel guests. No arrests were made. Kimberly Horton, who lived in a nursing home from age 6 to 21, described her experience as “living in a prison." "They take away your personal dignity," she said. "You had to eat what they put in front of you. They'd get angry at me for wetting my bed, but wouldn't help when I had to go.” Protester Blane Beckwith, a Berkeley resident, has a personal attendant who takes care of his everyday needs, from taking a bath to preparing food. But state budget cuts have slashed eight hours of care per month. As a result, he has only half an hour per week for grocery shopping with his attendant. "No one can shop for groceries in half an hour, My mother helps me, but she's 62 and can't do it forever." he said. Horton, who wants to take writing classes and become a free-lance writer, fear that more budget cutsar will force him to live in a nursing home. "A nursing home is stifling," he said, "You have no social life. You can't work." Conventioneers who walked past the protesters were unimpressed. "I have no argument with wanting more attendant care,” said John Jarrett, who runs a 79-bed nursing home in New York. "But they shouldn't take it from the elderly,” who would be hurt if ADAPT funding plan were implemented, he said. The demonstrators plan to protest the convention through Friday. A police commander said 90 police officers were on hand. “They haven’t been violent,” he said. “They’ve been very cooperative.“ Last week, officers took two hour classes at the Police Academy to learn how to arrest and search disabled people without harming them. PHOTO by Michael Macor, Examiner: The front of the ADAPT group marching down a downtown street and in the background the line of marchers goes out of sight. Paulette Patterson, Julie Nolan, Carla Laws, Brooke Boston? and Bob Kafka among those leading the march. Photo caption: Disabled people from the group ADAPT make their way down Mission Street to the Marriott Hotel.