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Home / Albomlar / Tags ADAPT - American Disabled for Accessible Public Transit + Rehabilitation Act of 1973 - section 504 3
- ADAPT (378)
The Handicapped Coloradan October issue/Vol. 11, No. 4 PHOTO: A waist up shot of Mike Auberger in a sweater in his wheelchair with his chest strap. His face has it's customary stern look. Caption reads: Mike Auberger. Title: APTA still says no to lifts Wheelchair activists cross into Canada Wheelchair militants chased their arch enemy over the border into Canada in October, but unfortunately for advocates of accessible transit systems, the American Public Transit Association (APTA) not only came back but found time in between dodging wheelchair barricades and attending panel discussions to veto mandatory lifts on buses. APTA's board of directors voted unanimously at their national convention in Montreal to reaffirm its policy of local option while continuing to study proposals made by its Elderly and Disabled Services Task Force. APTA has been fighting mandatory lifts since the Carter administrations' Department of Transportation (DOT) first ordered transit companies to install lifts in 1979. APTA lost in U.S. District Court in 1980 but won in 1981 when the U.S. Court of Appeals ruIed that the DOT regulations were not required by Section 504 of the Rehabilitation Act of 1973. In 1983 wheelchair activists in Denver formed the American Disabled for Accessible Public Transit (ADAPT) and picketed APTA's national convention being held in Denver. ADAPT chapters rapidly sprang up in other cities, and APTA delegates soon grew used to having their annual conventions and regional meetings disrupted by hundreds of demonstrators in wheelchairs. This year's meeting in Montreal was no different. As usual, local police threw up barricades in front of the conventioneers' hotels, and as usual, wheelchair demonstrators hurled their chairs and bodies at police lines. And, as usual, they were arrested. "City police crush wheelchair protest," headlined the Montreal Daily News, next to a picture of police removing demonstrators from their chairs and passing them over the barricades. Protester Lori Taylor said the police had no right to take her husband's chair away from him. "They separated him from his legs," she said. "He can't walk, he's just sitting on the wet ground and all he wants to do is ride a bus like you and me." Police maintained that they had a right to remove Lester Taylor any way they could after he deliberately crashed his way through a metal barrier in front of the Queen Elizabeth Hotel. Taylor was taken into custody, along with 24 other demonstrators. Many of those arrested were from Colorado, including Mike Auberger, who chained his wheelchair to a handrail in the hotel lobby. Also among those "arrested" was a seven-year-old-girl from Scottsdale, Ariz. Jennifer Keelan, who has cerebral palsy, was taken into custody along with her mother Cynthia. Both mother and daughter were released later that day without charges being filed against them so that they would not be separated overnight. Cynthia Keelan said the police lifted Jennifer and her chair onto a police van using the kind of lift she and Jennifer would like to see put on every bus. She said she was very proud of her "very, very brave little girl," although a police spokesperson was quick to point out that it was the mother, not the daughter, who was actually being arrested. Most of those arrested were U.S. citizens, although a few Canadians did join the pickets. Maria Barila, a Montreal resident who was arrested, said potential Canadian demonstrators had been warned by one government agency that they could lose their welfare checks if they were arrested. Montreal police had received reports from the six U.S. cities in which ADAPT had previously picketed APTA conventions and had prepared accordingly, down to issuing officers kneepads in case wheelchair militants attempted to run their chairs into police. Perhaps in an effort to cut down on ... Continued on p.2 [Unfortunately we don't currently have the second part of this article. If you have it and can send a picture we would be very grateful. ] Second article: RTD firm in commitment to accessibility RTD has been named one of the nation's most accessible public transit systems by the American Disabled for Accessible public Transit (ADAPT), and it continues to show every sign of improving that system. On Nov. 1, RTD became one of the first transit systems in the country to offer accessible public transportation on intercity routes when 35 lift-equipped buses began rolling between Boulder and Denver. The Neoplan buses replace Yellow Cab service. Critics of lifts on intercity buses argued that they were too costly and took up to much space on already crowded buses, but when Neoplan submitted its bid to RTD, the cost was so low that the transit agency was able to buy additional buses. RTD says its new regional service shouldn't cause any delays, since its buses are already operating at a 95 per cent on-time rate. The lift-equipped buses operate between Boulder, Broomfield Park-n-Ride, Market Street Station, Stapleton Airport. and Longmont. Regular fares on the Regional AFB arc: Boulder to Broomfield, $1.25; Broomfield Park-n-Ride to Denver, $1.25; Boulder-Denver-Stapleton, $2.00. The fare for disabled individuals traveling during off-peak hours (9 a.m. to 4 p.m.) is 104. Regular monthly passes are $68; disabled riders pay $44 with their RTD Handicapped I.D. card. Ten-ride coupons are also available for this service at a cost of $18. For additional information regarding the new accessible regional service or for trip planning needs, call 777-3343 until 10 p.m. RTD also announced a get-tough policy on non-function lifts on buses being operated by private contractors. Some buses on accessible routes are now operated by private companies, even though the drivers still wear RTD uniforms and the buses carry the RTD logo. Every time one of those buses gets stopped and its lift isn't working, RTD will automatically levy a $100 fine against the private transit provider. Inset sidebar: Accessible systems 10 BEST • New York City Transit Authority (bus only) • Washington (D.C.) Metro Area Transit Authority (Metrorail) • Municipality of Metropolitan Seattle • San Francisco Municipal Railway • Alameda-Contra Costa County Transit District (Oakland, Calif.) • Regional Transportation District (Denver, Colo.) • Transit District (Eugene, Ore.) • Santa Clara County Transit District (San Jose, Calif.) • Tri-County Metropolitan Transportation (Portland, Ore.) • Southeastern Michigan Transportation Authority (Suburban Detroit) HONORABLE MENTION • Niagara Frontier Transit (light rail system only) (Buffalo, NY) • Golden Gate Bridge Highway & Transit District (San Rafael, Calif.) • Miami Valley Regional Transit Authority (Dayton, Ohio) • Sacramento Regional Transit District (Sacramento, Calif.) • Cambria County Transit Authority (Johnstown, PA) 10 WORST • Chicago Transit Authority • Southeastern Pennsylvania Transit Authority (Philadelphia) • Massachusetts Bay Transportation Authority (Boston) • Metropolitan Transit Commission (Minneapolis, Minn.) • Metro Transit Authority of Harris County (Houston, Tex.) • Detroit Department of Transportation • Port Authority of Allegheny County (Pittsburgh, PA) • Mass Transit Administration of Maryland (Baltimore) • Greater Cleveland Regional Transit Authority • Bi-State Development Agency (St. Louis, MO) DISHONORABLE MENTION • Washington (D.C.) Metro Area Transit Authority (Metrobus) • VIA Metropolitan Transit (San Antonio, Tex.) • City & County of Honolulu • Regional Transit Authority (New Orleans) • Queen City Metro (Cincinnati, Ohio) - ADAPT (206)
Village Voice, March 4, 1986, p.27 [Headline] NAT HENTOFF: America’s Apartheid [This was part of a series of articles Mr. Hentoff wrote for the Village Voice on disability issues and people with disabilities in our society.] PHOTO in center of page, Photo credit Michael Rondou / Press - Telegram: A slight man (Bobby Hartwell) in a somewhat rickety manual wheelchair sits in front of a large city bus [number 4405]. Through the windsheild a very beefy uniformed man, perhaps the driver, stands arms resting in front of him. Behind and to the side of this first bus is a group of three police men standing and conferring. Behind them a couple of other wheelchair riders are blocking a second bus. Behind that bus a third is barely visable. Text box above the photo: “Anatomy is not destiny and never has been.” The photo caption: A demonstrator holds a bus hostage In Long Beach, California: Because of the way the bus is built, the demonstrator can't get on. [Italicized] A “caste” of. . . persons has been created [in America]. Members suffer a stigma of abnormality, inferiority, and dependency, are provided with separate facilities and programs, and are encouraged to interact only with others of the same caste. [Italicized ends] —Robert Funk, Director/Attorney, Disability Rights Education and Defense Fund, Inc. [Italicized] Black people started a movement when they were forced to sit in the backs of buses. We're not even allowed on the buses. [Italicized ends] – Julie Haraskin, during a nonviolent direct-action demonstration in Los Angeles by ADAPT (American Disabled for Accessible Public Transit) Barry Giddings is a citizen of the United States who lives in Philadelphia. In 1981, he was shot in the neck and became a quadriplegic. The only way he can get around is in a wheelchair. Until December 10, 1985, he and his brother lived in his mother's home. On that day, Mrs. Giddings and her family were evicted. She went to Philadelphia's Division of Adult Services to get shelter for herself and her sons. Mrs. Giddings was told that she and her nondisabled son would be provided shelter, but Barry Giddings would have to provide for himself. Why? Because he was disabled. The apparatchiks tried to make Mrs. Giddings understand that they had no choice in this matter. Taking care of her disabled son's needs, they explained, would cost more money than was being spent on the average homeless soul in the city's shelters. Then there were the costs of additional insurance premiums to cover the city if this quadriplegic were taken in. Then where should he go? Was this man to be thrown out into the street to lie there until he died? Not our problem, said Philadelphia's Division of Adult Services. Lest you think that the decision to wholly abandon this disabled man was made by some low-level employee devoted to the increasingly popular notion that inconvenient people should be terminated, the person who sent Barry Giddings into the night was following the policy of Philadelphia's Division of Adult Services. A relative arranged to have Giddings taken into Jefferson Hospital for the night because the staff there, unlike the folks at Adult Services, could not bear leaving him without shelter. They put him in the emergency room. The next day, he was removed to Magee Rehabilitation Hospital, although he did not require hospitalization. What he required, was a place to stay, and Magee Rehabilitation Hospital couldn’t keep him because providing shelter wasn't its' function. Barry Giddings, with the help of Stefan Presser, an American Civil Liberties Union attorney, took the city of Philadelphia to court. The class action suit charged that the city policy discriminates against homeless people who are disabled, and thereby violates their Constitutional right to equal protection under the law as well as their rights under Section 504 of the Federal Rehabilitation Act of 1973. That statute forbids discrimination against the handicapped in any program receiving Federal funds, and Philadelphia's Division of Adult Services, as part of the Department of Human Services, does receive Federal money. The city of Philadelphia quickly caved in, placed Giddings in a temporary shelter and said it would find permanent housing for him and his mother. As Stefan Presser points out, a particularly shocking thing about the case was that although the city had been engaged in a vigorous campaign to get the homeless into shelters, it had this firm policy of shutting out the disabled among the homeless. "There's no telling," Presser told me, “how many disabled people have been turned away until we got the policy changed, and who knows what happened to them? Some of the organizations for the disabled inform me that from time to time they've had phone calls from people who have been refused shelter because they're not able-bodied, but when they got to the phone booth from which the call was made, there was no one there." Ralph Ellison's Invisible Man could have a counterpart in the experiences of the nation's disabled for many, many years. As Robert Funk, Director of the Disability Rights, Education and Defense Fund, wrote in 1981: “American society, under the guise of humanitarian efforts, has developed a record, with respect to treatment of disabled persons, that is a history of isolation and discrimination inflicted upon them because of their ‘handicaps.’ This history, manifested in the attitude of ‘out of sight, out of mind,' carried out through policies of custodialism, has resulted in an ostracized, invisible minority denied access to organized society." This year, in his part of a forthcoming book, Images of the Disabled/Disabling Images, Funk makes the corollary point—— and see if any of this applies to you ---- that "the general public does not associate the word 'discrimination' with the segregation and exclusion of disabled people. Most people assume that disabled people are excluded from school or segregated because they cannot learn or because they need special protection. So too, the absence of disabled coworkers is simply considered a confirmation of the obvious fact that disabled people can't work. These assumptions are deeply rooted in history. Historically, the inferior economic and social status of disabled people has been viewed as the inevitable consequence of tho physical and mental differences imposed by disability." I know a young woman whose disability is athetosis, a form of cerebral palsy, which affects her speech and the way she walks. She is a first-class writer --- a published writer --- and a graduate of Harvard Law School. Currently in Hartford, she specializes in state regulation of automobile and homeowners’ insurance. Her name is Lisa Blumberg and she wrote me recently: "If nondisabled adults spent more time talking to disabled adults, they would learn that anatomy is not destiny and never has been." But because many disabled adults are segregated from the rest of the population, misconceptions about them, along with ignorance of who they actually are, continue to create more discrimination. For instance. Michael Landwehr of the Council for Disability Rights in Chicago, born with spina bifida, was disabled during surgery when he was 12. He is a graduate of the University of Illinois. Landwehr watched with great interest when in 1973 Congress enacted Section 504 of the Rehabilitation Act forbidding discrimination against the disabled in any programs or activities that receive Federal funding. So what has Michael Landwehr's life been like since 1973? “I have been denied an apartment based on my disability," he says. “Last year I was uprooted from home when the commuter train I took to work refused to let me continue riding without an attendant. I was told I could not buy a ticket in the first-class section of an airliner unless I also purchased a ticket for an attendant. I have been denied jobs and promotions on the basis of my disability. Every day I am denied access to public transportation. [He is in A wheelchair.] “Hundreds of thousands of disabled persons remain incarcerated in nursing homes and institutions, isolated from every aspect of community life, denied their right to vote, denied the right to education and employment. Disabled people remain the most unemployed and underpaid group in the country. For every dollar earned by a nondisabled white male, a disabled white male earns 52 cents, a disabled minority male earns 25 cents, and a disabled minority woman earns 12 cents." But the disability rights movement is gathering momentum and has already brought about some changes. Accordingly, by the end of this decade, there is likely to be a stretching of public consciousness concerning this form of American apartheid that has largely been ignored during the rise of all the other movements for equal protection under the law-—blacks, women, Native Americans, homosexuals and lesbians, Hispanics, et al. Future columns will include an exploration of the nonviolent direct-action arm of the disability rights movement, which is currently the most vigorous continuation of the Martin Luther King-Saul Alinsky legacy. The series will also go into the history of legislation and court action concerning the disabled; the seemingly infinite ways in which the disabled are distorted, sentimentalized, and underestimated by the press, television, and films; a battery of very specific legislative recommendations by the disabled; and a good deal more. One of the underlying themes is a comment by Vassar Miller, who has published eight volumes of poetry, one of which was nominated for the Pulitzer Prize. In her early sixties now, she was born with cerebral palsy. “What handicaps me far more than my physical condition," she says, “is the reaction society has to it. And, no less important, my reaction to society's reaction." Vassar Miller has edited a new book, Despite This Flesh (University of Texas Press), an extraordinarily illuminating collection of short stories and poems about the disabled. If public television had any imagination, a striking series could be made from Despite This Flesh. It ranges from pungent, poignant, and sharply funny evocations of childhood to a resoundingly erotic poem about a paralyzed man, "Seated Nude" by Richard Ronan. In her introduction, Vassar Miller tells of how, when she was a child, before there was ever such a thing as special education or mainstreaming, her stepmother “had tried to enroll me in a private school. ‘They just looked at me and started talking about God!‘" her stepmother said in dismayed tones when she came home. By the time the 1980s are over, a picket line of the disabled might elbow God aside and change the admissions policies of a school like that. The pressure is rising inside the disabled to break out of their caste, to be visible, to be part of whatever the hell's going on that they want to be part of. Consider ADAPT (American Disabled for Accessible Public Transit). In a number of cities around the country, its members have been demonstrating and getting arrested in protests against the lack of lifts on buses and the absence of ways of enabling the disabled to use other forms of public transportation. On October 6 in Los Angeles, a march of some 280 disabled ended at the Westin Bonaventure Hotel, where the American Public Transit Association was holding a convention. This was the scene, as described in The Disability Rag (Box 145, Louisville, Kentucky): "Attempts by ADAPT members to descend to the main lobby of the Bonaventure on the one elevator connecting the lobby with the street level were met with police resistance. Security forces turned off the elevator and escalators. Police blocked doors to prevent other disabled people from entering the hotel. Chants of ‘We Will Ride!‘ filled the Bonaventure from protesters inside and out. A number of ADAPT marchers, determined that conventioneers would not be able to use the escalators either, tried to block the escalator entrances or to throw themselves down the steps....By Monday, the Bonaventure had become a police-held fortress.“ I bet you never thought disabled people could do anything like that. It's just the beginning. As an ADAPT organizer yelled at a crowd of the disabled in Los Angeles, “We've got to get over our slave mentality!" - ADAPT (219)
Denver Post, Issues, 10/6/85, no page number [Headline] Transit leaders to face protests from disabled By Jack Farrar Special to the Denver Post The American Public Transit Association will run into some political street theater when it rolls into Los Angeles today for its annual meeting. Waiting for the group will be a militant cast of handicapped individuals, including members of a Denver organization called Atlantis, who want full accessibility to the nation's public transportation system. As APTA delegates convene at the Westin Bonaventure Hotel, more than 100 people in wheelchairs – members of the American Disabled for Accessible Public Transit – will be “marching” single-file from MacArthur Park, more than a mile away, to begin a week-long series of demonstrations. They won't have a parade permit. They haven't asked for one. Through such acts of civil disobedience, the demonstrators hope to force the APTA, public officials and the news media to think about what they consider to be the most pressing issue facing the handicapped: access to public transportation. One contingent of protesters will be led by Wade Blank, a 44-year-old Denverite who cut his activist teeth in the 1960s, marching with blacks in Alabama and peaceniks in Ohio. Access 'a right'[boldface] Blank is the founder and executive director of Atlantis, one of ADAPT's most militant member organizations. “Jobs and education don't mean much,” Blank argues, “if you can't take a bus to get there. Accessibility to public transportation – moving from one place to the other – should be a right, not just a consumer service.” For the past three years, ADAPT, largely under Blank's leadership, has demanded that APTA adopt total accessibility for the handicapped as an official policy rather than as an objective. Transit association officials have responded by citing numerous improvements made in service for the handicapped – improvements that the handicapped have applauded – and contends that total accessibility is financially impractical. “We have not ignored the handicapped,” says APTA Deputy Executive Director Albert Engelken. “Accessibility is a compelling issue. But total accessibility is an enormous undertaking, and with federal dollars shrinking, our resources are limited. In any case, it is not the role of an association like ours to establish policy.” Disabled activists, however, believe the costs of accessibility are distorted by the transportation industry. Moreover, they argue, the issue is civil rights, not economics. “Public transportation is a tax-supported system,” Blank says. “The handicapped pay taxes. It's as simple as that. How would the average taxpayer feel if he was denied access to a facility he paid for?” Long regarded as a quiet minority, disabled individual recently have added a more confrontational approach to their struggle for equality, and the man frequently in the front lines of that movement is Blank, whose long blond hair and granny glasses evoke the image of the 1960s activist. He encourages the handicapped to take to the streets when they feel their demands are being taken less than seriously. Members of Atlantis have made headlines locally and nationally with their tactics in Denver – chaining themselves to seats of fast food restaurants, occupying intersections that don't accommodate wheelchairs, and blocking the entrances to buildings with architectural barriers. Rules watered down [boldface] Progress in making public transportation available to the handicapped can be traced to the Urban Mass Transit Administration's adoption of Section 504 of the Rehabilitation Act in 1979. [sic] Section 504 generally made it illegal to exclude any individual, by reason of handicap, from any program receiving federal dollars. UMTA's regulations stated that all new buses purchased with federal money must include wheelchair lifts and aimed for 50 percent of peak-hour accessibility on regular bus routes. RTD standards strict [boldface] The Regional Transportation District in metropolitan Denver has adopted accessibility standards that are more stringent than required. Even after Section 504 regulations were softened in 1981, RTD's board chose to maintain its commitment to provide 50 percent peak-hour accessibility on all routes, and 100 percent off-peak accessibility. And RTD will soon become the first public transit system in the United States to introduce wheelchair lifts on its larger, regional commuter buses. Despite such advances, Blank will not be satisfied until disabled individuals throughout the United States can board and ride a bus whenever and wherever the able-bodied do the same. “We simply want APTA, as the association which speaks for the public transportation industry, to declare its intention to make the system accessible. We know it will take time. But isn't this the country that put a man on the moon?”