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Etusivu / Albumit / Tunnisteet Philadelphia
+ appeal 3
ADAPT (476)
June 1989 ROLL CALL Page 11 [Headline] CORD Reps Join ADAPT in Philadelphia to Support Third Circuit Ruling Amy E. Hasbrouck & Kent Killam When the Third Circuit Court of Appeals in Philadelphia handed down its landmark decision in February — mandating lifts on new public transit buses, and eliminating the 3% cap on spending for access -— only three of the 12 judges ruled in the case. Usually such rulings stand unchallenged, but in this case the Bush administration chose to file a motion to have the decision reheard, according to Bill Henning, Director, and Kent Killam, an Organizer/Advocate at the Cape Organization for the Rights of the Disabled (CORD). On Monday, May 15, all 12 judges heard arguments in a suit filed by American Disabled for Accessible Public Transportation (ADAPT) demanding “meaningful” access to public transit for people with disabilities. Over 50 disabled rights activists turned out in Philadelphia over the preceding weekend to voice support for the original ruling, and objection to inaccessible public transportation. Many local activists were on hand for the weekend protests, including, Bill Henning, Michael Early, Killam and several others from CORD; BCIL member Leo Lucas; Fred Zepernick, an organizer for the Cape United Elderly; and Brian Shea, a member of BCIL’s Consumer Affairs Committee. Killam described what happened when the protesters arrived in Philadelphia on Friday afternoon. “We marched into the courthouse requesting to see the U.S. Attorney [Baylson] for the Philadelphia District," he said. “We could only get five people in through security, because they said the Attorney’s office was small. It got a little heated with security, and at one point we wound up blocking the metal detector and the gate. If they weren’t going to let us in to see the attorney and then we said ‘no one was going.’ They dragged chairs away, and we would wheel right back in.” Killam said the scene ended with Baylson phoning Attorney General Richard Thornburgh who was assisting the Department of Transportation (DOT) on the case. Baylson also met with the activists in the Ceremonial Court, an accessible courtroom on the first floor where the hearing would be held on Monday. “He said he had placed the call and expressed our concerns; how important this decision is for persons with disabilities to get out and be able to mainstream, the disabled term for integration. We were here showing our support and trying to express how important it was that this decision not be overturned.” Killam said Baylson sounded receptive. “On Saturday at 1 p.m. we gathered outside the courthouse on Sixth and Market streets," Killam continued. “We decided we wanted to ride the bus to New Jersey. To sum it up, we had three buses blocked." Bob Kafka of ADAPT crawled onto a bus at curbside, and as a second and third bus arrived, each was blocked and one demonstrator would leave his or her chair and climb onto the bus. Killam said when the second bus arrived, “The bus driver was holding up his hands saying ‘OH NO, not me!’ If they were smart they wouldn’t’ve let him through. We blocked that quarter of the intersection, traffic was blocked, people were pissed. They wound up having to let the motorists drive one at a time on the sidewalk. We plastered the buses with ADAPT stickers. “I didn't crawl on initially,” said Killam, who volunteered when another activist could not continue. “Toward the end I wasn't thinking much. I was thinking of what we had accomplished. And hoping it would make a difference, come Monday.” The police called the media, a press conference was held, then the demonstrators cleared the street. No arrests were made, and the police were very cooperative, according to Killam. “I felt people around were getting the point. I'm not sure if the proper people got the point." Killam said that one TV station gave the event limited coverage. “That night it was like a 25 or 30 second clip. ‘Bunch of radical gimps block buses’ that was about it." CORD Director Henning summed up the message of the action: “Without lifts on buses, the only way we can get on was to crawl.” On Sunday the group gathered in front of Independence Hall. Many people wore Revolutionary War costumes tri-cornered hats and white wigs. Someone also carried an ADAPT flag which resembles the American flag except that stars are arranged to form the international symbol of accessibility. The group marched around the two-block perimeter of Independence Hall. “When we were having the march a lot of people were applauding and taking pictures," said Killam. “Much better response on Sunday than on Saturday; we weren't blocking the buses." The march ended in the Liberty Bell pavilion. “We decided to rename it the Access Bell, as a lot of organizations have adopted it as their trademark. “We then marched across the street to the courthouse and did our all-night vigil. It started raining a little, but the building had an overhang. Different TV stations showed up. One station did a beautiful piece on the 11 o’clock news. One crew came at four in the morning to get footage for their 6:15 morning news on Monday. No one tried to make us leave. “Monday morning finally rolled around, and we went inside the courthouse to wait for the hearing. I'm told the hearing went well. Tim Cook, the attorney for ADAPT, did an excellent job! He was very to the point, well-worded, his thoughts were well organized, and he answered the questions very well. The DOT attorney was just mediocre." Bill Henning noted some highlights of ADAPT ‘s presentation. “Tim argued that federal statute guarantees access and so all buses must have lifts. Providing lifts is not a hardship economically and without lifts, there is extreme discrimination. The opposing attorney said it would be an undue burden to provide lifts." Henning wondered if crawling onto a bus is not an undue burden? He said it could be up to four months before the decision comes back, and described some possible outcomes. "They have a number of options, which range from accepting the original decision, to reconsidering it and issuing an entirely new decision." Henning said all the actions were designed to raise consciousness. “To that effect I think it was extremely well done," he said. “There was national attention on the event. This is an important decision because what it filters down to is that separate is not equal. It's vital that there be popular support. A lot of activists put themselves on the line for the cause."
ADAPT (597)
PHILADELPHIA DAILY NEWS 3-25-89 PHOTO (by SAM PSORAS/ DAILY NEWS): A group of people with picket signs are gathered in front of a dark wall with a door. A woman (Cassie James) in a motorized wheelchair is sitting sideways in the center. She has a huge sign that reads in great big letters "ACCESS NOW." She has shoulder length hair and is wearing glasses, a dark coat, white pants and stylish boots. In front and to her left another woman in a wheelchair is sitting in front of the doorway leaning to one side talking to a woman in a midcalf length coat holding a cane. The woman in the wheelchair is holding a sign that reads "Disabled In Action." Above the door on the side of the wall you can read "841 Chestnut ..." Behind the woman in the center is another person standing with a sign that reads "Access is a civil right!" That person is looking at 2 other women standing, one of whom is holding an 81/2 by 11 sized bundle and is wearing a coat and boots and seems to be holding a bull horn. Beside her the last person is holding a sign that reads "No Appeal." Caption reads: ALL THEY ASK is ALL ABOARD A contingent of eight protesters, some in wheelchairs, picketed the United Mass Transit Administration office, 841 Chestnut St., yesterday in support of a recent 3rd U.S. Circuit Court or Appeals ruling that all buses bought with federal funds must be accessible to disabled riders and that all who can't use buses must be afforded other mass transit. The protesters said they represented a variety of advocacy groups staging protests nationwide on behalf of 5 million disabled and elderly Americans.
ADAPT (588)
Fort Worth Star Telegram handwritten: 3-26-89 [sic] [Headline] An Easter sit-in by activists in the Federal Building [This story appears in 588 and continues on 587, but is entirely included here for ease of reading.] PHOTO (by Fort Worth Star-Telegram/ RICKY MOON): In a fairly fancy office with leather chairs and wooden bookshelves and table, a group of disabled people sit in a semi circle. On the left side of the picture is a small man (Paul Alexander) in a grey suit and small, personally adapted wheelchair; his head is back and he is kind of looking over his shoulder at some of the others in the room. Next to him in a comfy padded chair sits a man with black hair, mustache and beard (Frank Lozano) in an ADAPT no steps logo shirt. Over his head he holds a poster that says "Access not excuses DON'T APPEAL." Next to him is a man in a manaul wheelchair (Bob Kafka) who is also wearing an ADAPT no steps logo shirt, suspenders and blue jeans. Beside him is a doorway and someone is standing in the doorway, on the other side with his back to the group. On the other side of the door is a woman in a wheelchair (Kathy Gaines) with curly hair and a pink blouse; she appears to be in a wheelchair as well. She is holding a sign but you can't read it from the angle it's at. Beside her, and at the front of the picture is a man (Joe Carle) sitting in an armchair with his legs up in his wheelchair; one leg is amputed below the knee. He is wearing a vest and ADAPT T-shirt on the arm of which you can see the list of cities where ADAPT has held actions. He is holding up and looking at a poster that reads "Bush says Mainstream Disabled." Caption reads: Paul Alexander, left, and Kathy Gaines, second from right, tried to negotiate for Frank Lozano and Bob Kafka, center, and Joe Carle, right. [Headline] Disabled demand better access BY Bob GWIZDZ Fort Worth StarTelegram Four people lobbying for better access to public transportation for disabled people refused to leave the Federal Building in downtown Fort Worth last night, promising to stay until Monday. Members of the American Disabled for Accessible Public Transportation earlier in the day had demanded that a local Department of Transportation official call the White House in support of their cause. Similar actions were planned in other cities today. “We plan to stay through Easter and welcome Wilbur Hare Monday morning.“ said Bob Kafka, a community organizer with the group. “On Monday we'll decide where we go from there.“ Hare, regional manager of the Urban Mass Transportation Administration, refused the group's request that he call White House chief of staff John Sununu in support of a recent federal appeals court decision requiring wheelchair lifts on all new public buses purchased with federal money. Group members say they think the Department of Transportation will appeal the decision. ln Philadelphia, eight people were escorted from a federal building that contains the regional transportation administration office when the building closed at 5 p.m. Sieglinde Shapiro, who headed the delegation of disabled people, said she read a statement to the official in charge. The statement noted that similar meeting had been scheduled with regional directors in New York, Boston, Atlanta, Chicago, Dallas, Denver, Seattle, Washington, San Francisco, Los Angeles, Phoenix, Ariz., and Salt Lake City, she said. The Associated Press office in Dallas said it had no reports of meetings with federal officials there. The Fort Worth office of the transportation department serves the Metroplex. Shapiro said “our sources in Washington tell us that the U.S. Department of Transportation is poised to appeal” the Feb. 13 decision by the 3rd U.S. Circuit Court of Appeals. The ruling requires that every bus newly purchased with federal assistance be wheelchair accessible, and that those unable use buses be provided with adequate transportation. The Fort Worth protest began when between 20 and 30 demonstrators, many in wheelchairs, arrived at the Federal Building around 1 p.m. after assembling at nearby Burnett Park. Hare, who said he received word Wednesday that a protest was planned, asked the protesters to meet with him downstairs at the Federal Building. The demonstrators refused. “That’s how you treat the disabled separate,” Kafka said to Hare. “We want to see you on the ninth floor, in your office, like everybody else. It’s the same thing as transportation — we want access like everybody else.” After a few protesters entered the building, Federal Protective Service officers locked the doors, forcing more than half of the demonstrators to remain outside. Hare said his office would not accommodate all the protesters. He declined to say who ordered the officers to lock the doors. About 10 protesters met with Hare in his office. “I’m not calling Mr. Sununu, but if you have a message for him, I’ll do my best to get it delivered,” Hare said. “lf you’d like to make a call, then go where you conduct your business and make the call. I’m sure you’ve made your views known to (President) Bush and if you haven’t, there are better ways to do it than tying up this office all afternoon.” Hare did call the Washington headquarters of the transportation administration and said he relayed the protesters’ message to officials there. When Hare left at 4:45 p.m., his normal quitting time, four protesters decided to remain. “We weren’t anticipating Mr. Hare being so obstinate,” Kafka said. “We expected a quick reaction and a phone call. It just shows their real arrogance toward disabled people.” At 6 p.m., Casey Bowen, director of building operations with the General Services Administration, told the protesters that he would prefer they leave, but that he had no intention of forcibly removing them. But Bowen said he would not allow them to have food sent in, and he had the telephones removed from the office. “Quite frankly, our intent is not to encourage this sort of protest,” Bowen said. Reporters could not contact the protesters later in the evening and building guards declined to comment. The protesters, who had no provisions other than a couple of granola bars and soft drinks, have access to the building's snack and soft drink machines. Besides Kafka, 43, of Austin, the protesters who remained in the building last night were Joe Carle, 50, and Frank Lozano, 39, both of Dallas, and Tim Baker, 26, of Austin. Kafka has used a wheelchair since he suffered a broken neck in an auto accident 10 years ago. Carle suffers from a circulation disorder, has had part of one leg amputated and has used a wheelchair for nine years. Lozano is blind, the result of an auto accident five years ago. Baker suffers from severe cerebral palsy. Paul Alexander, a Fort Worth lawyer who uses a wheelchair, arrived late in the afternoon to try to negotiate a settlement. When it became apparent that the protesters were determined to stay, Alexander tried to arrange for permission for food delivery. Alexander said arrangements could not be made. “Us being locked up all weekend symbolizes the thousands of disabled people who are locked up in their homes," Carle said. “Will it do any good? Or will it make you look like a jackass? l don’t know the answer. I honestly don’t." Staff writer Betsy C.M. Tong contributed to this report.