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Staartsäit / Albumen / Schlagwierder Mike Auberger
+ 3rd US Circuit Court of Appeals 4
ADAPT (487)
The Handicapped Coloradan ADAPT wins transit access VlCTORY! Federal court orders all new buses to be equipped w|th wheelchair lifts APTA pressures DOT to appeal decision Feb. 13,1989. Call it V-D Day. Victory over the Department of Transportation (DOT). Or call it V-A Day. Victory over the American Public Transit Association (APTA). Because on that day in Philadelphia, within earshot of the Liberty Bell and walking distance of the hall in which the Declaration of Independence was forged, disabled Americans won not only the right but the means to ride mainline public transportation. On a 2-l vote, the U.S. Court of Appeals for the Third Circuit ruled that in the future every transit system in the nation that buys buses with assistance from the DOT must purchase only buses equipped with wheelchair lifts. That decision reverses a 1988 ruling by U.S. District Judge Harold Katz who upheld DOT’s policy of allowing transit systems the “local option" of providing public transit to people with disabilities through a paratransit system. APTA, which reaffirmed its support of local option at its last national convention, has urged DOT to appeal the decision to the U.S. Supreme Court. Such an appeal must be filed within 90 days, or by May 13, 1989. DOT already has filed for a rehearing, and the court is expected to announce by March 29 if they would be willing to reconsider the decision. Justices Carol Los Mansmann and A. Leon Higginbotham wrote the maiority opinion with Judge Morton Greenber dissenting. The case was brought to the Court of Appeals by a dozen disability rights organizations, led by the militant American Disabled for Accessible Public Transit (ADAPT) and the Eastern Paralyzed Veterans of America. Timothy M. Cook, director of the newly formed National Disability Action Center, argued the case. It wasn't the first time wheelchair lifts have been in the courts. in 1979, the DOT, at the direction of President Jimmy Carter, ordered all transit systems to install lifts on new buses, but that mandate was struck down in federal court after an appeal by APTA. APTA’s insistence on local option led to the creation of ADAPT by a handful of militant wheelchair users in Denver, who set up pickets outside the Hilton Hotel headquarters of APTA's I983 national convention. At the insistence of Mayor Federico Pena, ADAPT was allowed to speak before the convention and no arrests were made. That was the last time either situation would exist. At every subsequent national convention or regional APTA meeting, wheelchair militants have shown up in force, blocking buses and hotel entrances until local police forces were forced to cart them away to jail. “Who would have thought a bunch of ragbag crips from Denver could have started something that would have grown this big?" asked ADAPT founder Wade Blank, co-director of the Atlantis Community, a local independent living agency. Both Blank and Cook cautioned that the war was not over yet, although both said they were pleased that the 73-page court opinion was filled with the language of the civil rights movement and would go a long way toward convincing those on the fence that their cause was just. The Court of Appeals opinion reads, in part: “We find the goal of eradicating the ‘invisibility of the handicapped‘ led Congress to enact measures to facilitate, if not immediate and complete mainstreaming of the handicapped, then affirmative and aggressive steps in that direction." The decision involves only new buses, as the justices argued that requiring systems to retrofit old buses would subject them to "undue burdens." Cook said after the decision was handed down that the "opinion is completely consistent with President Bush's call last week, in his speech before Congress, for Americans with disabilities to be ‘in the economic mainstream.‘ Nothing is more essential to meeting that goal than the provision of accessible public transportation." Mike Auberger of the Denver ADAPT chapter, who's been arrested in several cities while engaging in civil disobedience, agreed that accessible public transit is the key to enabling disabled people assume full citizenship. "People are dying out there," Auberger said. "Disabled people go into nursing homes because they don't have any options. I personally know people who have committed suicide because they don‘t have any options. Wheelchair lifts will give them that option." Auberger said that ADAPT doesn't plan to rest on its laurels. They'll be Reno April 7-ll for a regional APTA convention and back in Denver April 23-26 for the national meeting of the Urban Mass Transit Association (UMTA). “Our demand is simple," Auberger said. “We just want them to drop the appeal process and accept the decision." If they don't, Auberger promised that protesters would try to fill the jails one more time. To that end, ADAPT members intend to picket DOT offices in 12 cities on Good Friday, March 24, and ask staff members there to call the Presidiential assistant in charge of transportation matters and ask that the court decision not be appealed. "If they don't make the call, then we don't go," Auberger said. "I'm sure we'll take some heat because we're doing it on Good Friday," he said, explaining that he expects many offices to be shorthanded because of workers leaving early for the Easter weekend. "That should just add to the confusion."
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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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4B / Las Vegas Review-Journal Monday, April 10, 1989 [Headline] Disabled protesters arrested in Sparks Associated Press SPARKS — About 75 wheelchair-bound people blocked the entrances to a casino Sunday to protest what they called their lack of accessibility to public bus systems. Police said about 40 protesters were arrested by late Sunday evening and more arrests were expected. Members of a national group calling itself The American Disabled for Accessible Public Transit staged the protest by chanting slogans and blocking entrances to the Sparks Nugget. The target of the protest was the American Public Transit Association, which is holding its western regional meeting at the Nugget through Wednesday. The association represents the nation’s bus and rapid transit systems. The transit association opposes a move to install wheelchair lifts on new public buses and the disabled group sought a meeting with its leaders inside the casino to discuss the issue. “We try to make their conventions as inaccessible to them as they have made transportation to disabled people,” said protest organizer Mike Auberger of Denver. “They can't just come and have fun.” However, Nugget security personnel blocked outside entrances to the protesters and denied them access, saying they posed a threat to the safety of casino patrons. Police said four protesters were arrested on a charge of blocking a roadway on the group’s march to the Nugget, while 36 others were arrested at the casino on a variety of charges, including obstructing justice and blocking a fire exit. Protesters started out by blocking two entrances and later blocked all but one entrance for a brief time. Police said they were forced to drag several protesters away from the doors after they resisted arrest. In February, the 3rd U.S. Circuit Court of Appeals in Philadelphia ruled in favor of the disabled group, saying all new public buses purchased with federal funds must be equipped with wheelchair lifts. Auberger, who uses a wheelchair because of a neck injury suffered in a bobsledding accident, said only about a dozen U.S. cities now have buses with the lifts. “We want to be able to wait in the rain and hot sun and ride a bus like everyone else," he said. “The lifts would force integration and change the way most people view disabled people.” However, Jack Gilstrap, executive vice president of the transit association, said his group opposes the court ruling because of the cost involved. “Every lift costs $15,000 and they’re very expensive to maintain,” he said.
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St. Louis Post Dispatch 5-22-88 PHOTO by Ted Dargan/Post Dispatch: A Line of ADAPT people roll down a city street. The first person in line (Mike Auberger) has two long braids and sunglasses. His arms hang on either side of his motorized wheelchair and his ADAPT shirt is somewhat covered by the chest strap on his chair. Next to Mike is a man in a manual wheelchair with curly hair and a beard (Bob Kafka) who has is legs crossed and is wearing the same ADAPT shirt as Mike. Behind them a man (Jerry Eubanks) with no legs in a manual wheelchair is being pushed by a blind man (Frank Lozano) who is smiling. Behind them is another man in a maual wheelchair. Behind him is someone in a motorized wheelchair who is looking off to the side. Behind them is another person in a wheelchair. The photo is grainy so it's hard to make out many details. Caption reads: Disabled people demonstrating downtown last week for more accessible bus service. Title: Bus Stop By Joan Bray Of the Post-Dispatch Staff ACTIV1STS FROM local advocacy groups were absent from the scores of protesters who took to St. Louis streets last week asserting the rights of the disabled to accessible bus service. Leaders of the local groups say tactics, not goals, caused them and their members to opt out of the demonstrations. About 150 people blocked entrances at Union Station and surrounded buses at the Greyhound terminal. A majority of them were in wheelchairs, on crutches or otherwise disabled. And they were out-of-towners. They belong to a loosely woven group, American Disabled for Accessible Public Transit, called ADAPT for short. The group was protesting the policies of the American Public Transit Association, which was holding a regional meeting at the Omni International Hotel at Union Station. As a result of ADAPT's civil disobedience, 78 arrests were made, two group court appearances were held and a lawsuit was filed by the group over treatment at the City Workhouse. We support ADAPT's policies on access 1,000 percent," said Max J. Starkloff. He is executive director here of Paraquad Inc., which advocates rights for the handicapped. "But we have not participated in the demonstrations." "Our methods are negotiation, public testimony and organized public rallies," Starkloff said. "Our goals ore the same" as ADAPT's. Both the local activists and ADAPT want the transit association to push for installing a wheelchair lift on every bus in the country. They see 100 percent accessibility as a civil right. Rut the transit association notes in a written statement that no such accessibility is required by the Constitution, the Congress or the courts. It says the number of lifts on buses has increased to 30 percent now from 11 percent in 1981. In that same period, the administration of President Ronald Reagan has slashed the federal transit program's budget by 47 percent, the association says. The association says each local transportation agency should be allowed to determine how it will provide access for the disabled. Special services — like the Call-A-Ride service operated by the Bi-State Development Agency — may work better than lift-equipped buses in some areas, the association says. Local groups' methods for effecting change include working within the system. Starkloff serves on Bi-State's committee on transit for the elderly and disabled. The chairman of that committee, Fred Cowell, is executive director of the Gateway chapter of Paralyzed Veterans of America. Bi-State has made a commitment to install wheelchair lifts on all its buses, Cowell said. But the committee wants the agency's board of directors to adopt a policy stating it will do so. "We know that the buses are here to stay," Cowell said. "If or when budget cuts come, special services such as Call-A-Ride would be the first to go." Cowell and Starkloff said they feared that between the bureaucracy and the protests, the primary point — the need for equal transportation — was being missed. "A disabled person is not unlike any other person," Cowell said. Disabled people need to get to their jobs, to medical care and to social engagements, be said. "There is absolutely no difference in their need to get around," he said. Starkloff noted that the cost of a van equipped for a wheelchair — a minimum of about $20,000 — was prohibitive for most people. But the disabled should not have to wait at a bus stop on the chance that the next bus may be equipped with a lift, be said. Nor should they have to plan their trips 24 hours in advance, as Call-A-Ride requires, he said. Cowell said, "The main thing the (BI-State) committee has been trying to do is develop a deepening concern for services for the disabled and elderly." The fact that the committee has been successful in persuading Bi-State to buy only buses with lifts prevented the agency from bearing the brunt of ADAPT's effort here, one of the protest leaders said. The Rev. Wade Blank, a Presbyterian minister from Denver, is a co-director of ADAPT. He has a daughter who is disabled. Two months ago, representatives of ADAPT met with State officials in preparation for their trip here and learned of the agency's commitment to lifts, Blank said. As a result, ADAPT aimed its protests at the transit association's meeting and Greyhound Bus Lines. Greyhound is bidding on local routes in some metropolitan areas — Dallas, for one, Blank said. But it does not equip its buses with lifts, he said. A spokesman for Greyhound said last week that, instead, it provided a free ticket for a companion for a disabled traveler. Regarding the transit meeting, Blank said: "Our whole intent is to go after people who are so much wrapped up in the system that they insulate themselves from the issue. They have to live and breathe (ADAPT's protests) when they go to these conventions." Demonstrators here represented some of ADAPTs 33 chapters across the country, Blank said. He said his headquarters was with a group in Denver called the Atlantis Community, which moves disabled people out of nursing homes into independent living arrangements. Funding comes primarily from church donations and foundation grants, he said. From 1978 to 1981, ADAPT protested — and "caused a major disruption" — in Denver every month, Blank said. In 1982, the buses there became 100 percent equipped with lifts, he noted. ADAPT has since protested in all the cities where the transit association has met and where it has been invited by other activists, for a total of about 15 cities, Blank said. [unreadable] ...only buses with lifts, he said. Blank said the failure of local groups to join ADAPT's protests did not weaken the cause. Another success that ADAPT points to is a ruling by a federal Judge in Philadelphia in January striking down a regulation of the US. Department of Transportation that allows transit authorities to spend only 3 percent of their budgets on the disabled. The Judge postponed the effect of the ruling while the Justice Department appeals it. Three percent of Bi-State's budget for the current fiscal year Is $2.6 million, said Rosemary Covington, an agency official who works with the advisory committee. But Bi-State will spend only $1 million because of delays in getting bids on new buses and in expanding the Call-A-Ride service. "We are having budget problems, but that wasn't the reason" the money wasn't spent, Covington said. The remaining $1.6 million does not roll over to the fiscal year that begins July 1, she said. She said that by early next year, Bi-State expected that 221 of its fleet of about 700 buses will be equipped with lifts, 12 of the more than 120 routes will be operated entirely with lift-equipped buses, the Call-A-Ride service will include all of St. Louis County and the city and a voucher system will be available for back-up cab service. Equipping all the agency's buses with lifts will take six to seven years, Covington said. Meanwhile the committee will help evaluate the services for the disabled, she said. "If ridership doesn't materialize" on the buses with lifts or "if it costs thousands or millions (of dollars) to maintain them, that will enter into the decision making," Covington said. Bi-State is training drivers how to use the lifts and plans to promote and advertise the service heavily, she said.