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Accueil / Albums / Tags Mike Auberger
+ local option + DOT - Dept of Transportation 2
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."
ADAPT (224)
THE HANDICAPPED COLORADAN Vol. 8, No. 4, Boulder, Colorado, November 1985 [This article continues in ADAPT 115 but the story is included here in its entirety for easier reading.] PHOTO on center-right of the page and shows several people in wheelchairs (including Larry Ruiz looking away on left, as you face the bus, and George Florum on right in black ADAPT T-shirt holding a coffee and a cigarette) in front of a large bus. One person stands in front of the bus holding a scarecrow-like effigy of a person in one hand and something else in the other. A person in a white shirt is seated in the driver's seat. Another person similarly dressed is standing next to him. Above them behind the windshield is a destination type sign reading “EASY.” Caption: DEMONSTRATORS BLOCKED BUSES in Long Beach during the fourth day of the Los Angeles demonstration. One protestor (center) holds up an effigy representing the American Public Transit Association. Police arrived later and made several arrests. Demonstrators said the Long Beach police treated them properly. [Headline] Access showdown in L.A. Leads to massive arrests In a scene reminiscent of the black civil rights marches of the 1960s, some 215 people in wheelchairs rolled down Wilshire Boulevard in Los Angeles on Sunday, Oct. 7, to protest the lack of accessible mainline public transit in the United States. ' Chanting "We will ride!" and carrying inflammatory placards, the single-file column snaked its way 1.7 miles from the MacArthur Park staging area to the Bonaventure Hotel where the American Public Transit Association (APTA) was holding its national convention. Although the demonstrators had been denied a parade permit, police made no attempt to halt the march and routed traffic around the procession. However, the hands-off attitude disappeared once the column of wheelchair militants reached the hotel. As hotel security personnel blocked the only wheelchair-accessible elevator that gave access to the main lobby, several of the demonstrators pulled themselves from their wheelchairs and threw their bodies in front of the escalators, vowing to prevent anyone else from entering or leaving the hotel. The disabled demonstrators shouted "Access now! Access now!" while police deliberated their next move. Finally, after an hour, the police moved in. Eight demonstrators, including one woman, were arrested for “refusing to leave the scene of a riot," according to a police spokesperson. But they didn't go without a fight. George Florom of Colorado Springs thrashed about so hard that it took three officers to subdue him. One of the officers claimed that Florom kicked and bit him, During the scuffle, police said one of the demonstrators grabbed an officer's gun. Florom was removed to a specially equipped police van. He was soon joined by Edith Harris of Hartford, Conn, a veteran of other APTA demonstrations, who had been arrested during the San Antonio APTA protest. Harris had tried several times during the day to get the police to arrest her, even to the point of throwing shredded ADAPT literature in the street and demanding that police arrest her. Police merely removed her motorized chair from the street and picked up the paper, But when Harris threw herself on an escalator, the police moved in and escorted her to a waiting police van. Police and demonstrators differed as to how well the department handled the arrests. "We look bad no matter what we do," Sgt. Bill Tiffany said. A police spokesperson said the department had medical personnel on hand and tried to provide for the special needs of those arrested. That wasn't the case, according to Wade Blank of Denver, one of the founders of the American Disabled for Accessible Public Transit (ADAPT), which helped organize the Los Angeles demonstration as it has similar protests in Denver (1983), Washington, D.C. (1984), and San Antonio, Texas (1985). "The police were real nice until we got to the Bonaventure," Blank said. “But it was a real bad situation at the hotel. The cops turned into real pigs. They wouldn't let us use the hotel restroom. Some of them laughed at a lot of disabilities of the demonstrators, and a few of them pulled their clubs and threatened us with them." Blank said he learned that the officers who pulled their clubs were later given reprimands. Lou Nau, chairman of the Disability Rights Committee of the American Civil Liberties Union (ACLU), was also critical of how the police handled the arrests. Nau said that Mike Auberger, a quadriplegic community organizer for the Atlantis Community in Denver, was not allowed to use a bathroom for eight hours, causing hyperreflexia, while others who were arrested were not allowed to take necessary medications although they repeatedly explained the danger this might cause. Four men were handcuffed behind their backs and then left for up to five hours in their chairs in police vans, according to Nau. Of the eight arrested, Harris was released that same night and five of the men by the following afternoon. The other two men were not released until Tuesday morning. Some 53 disabled protestors maintained a night-long vigil outside the county jail. The police later issued this statement: “It must be stressed that the Los Angeles Police Department has repeatedly tried to meet with demonstration leaders in the attempt to provide legal alternatives to accomplish their objectives and avoid the distasteful necessity of arresting handicapped citizens." To that end, Jack Day, a board member of the Southern California Rapid Transit District (RTD flew to Denver earlier in the year to [print completely faded] in an attempt to talk the organization out of civil disobedience. Blank was one of those who met with Day. "We told him we wouldn't use civil disobedience if the (Southern California RTD) agreed to introduce and support a resolution at the APTA convention calling upon APTA to reverse its stand and back mandatory wheelchair lifts on buses," he said. Day said that was not possible. Meanwhile back in Los Angeles Day's other board members continued to discuss ways and means of handling the demonstrators. Ironically, Los Angeles — the city where demonstrators chose to make their point - is one of the most accessible in the country. California and Michigan are the only states that require all new public transit vehicles to be equipped with lifts. Usha Viswanathan, a spokesperson for the Southern California RTD, said that 1,891 of the district‘s 2,445 active buses were equipped with lifts and another 200 were being retrofitted. The lifts cost between $15,000 and $20,000 each. Within the next five years, the district intends to operate only lift-equipped buses, making it the first 100 percent accessible system in the country. In other parts of the country it's Up to the local transit provider to decide whether or not to offer accessible service. And that's the way it should bee, according Albert Engelken, APTA's deputy executive director. Geographical and climatic conditions have to be taken into consideration because lifts are difficult to operate in snow and on curved roads, Engelken said. In the late 1970s, the Carter administration's Department of Transportation mandated that all new buses be outfitted with wheelchair lifts. APTA, which acts as a lobbying and policy-making group for some 300 separate transit districts across the country, filed a lawsuit that eventually reversed that decision. Since then disabled groups have dogged APTA wherever it meets, insisting that the organization vote on a resolution calling for mandatory accessibility. That‘s why the demonstrators were in Southern California, Jim Parker of El Paso explained. Parker said ADAPT was very appreciative of the steps California was taking toward complete accessibility.” "This is a model city," he said. The demonstrators were in Los Angeles to embarrass APTA, not the local transit district, he said. That didn't stop the demonstrators from stopping buses, however. On Wednesday, Oct. 10, wheelchair demonstrators poured onto the streets of Long Beach, where they held several buses hostage. Protestors said they would release the buses if Laurance Jackson, general manager and president of Long Beach Transit and the newly elected president of APTA, would meet with them. A spokesperson for Jackson said that would be impossible, as Jackson had other commitments at the convention and the protestors had come unannounced. Before the day was done, police issued 33 misdemeanor citations for failure to disperse and arrested l6 protestors, all of whom were later released on their own recognizance. Blank said that the Long Beach police acted appropriately under the circumstances. Long Beach had been the scene of another confrontation earlier that same week. On Monday, 26 wheelchair demonstrators staged a roll-in at the office of U.S Rep.Glen Anderson (D-Long Beach), who is chairman of the House Transportation Committee. Anderson, who had been expected in his office that day, had been detained in Washington due to a heavy work load. The congressman later issued a statement pointing out that he had consistently voted to support accessible systems. Anderson blamed the Reagan administration, not Congress, for overturning a "requirement that the handicapped be given full accessibility to public transit." Most of the demonstrators agreed with that assessment. Blank and Parker compared APTA to the Klu Klux Klan and called upon its individual members either to fire its executive board, including executive vice president Jack Gilstrap, a longtime foe of mandatory accessibility, or to pull out and form a new national transit organization. A Gilstrap aide said he had no intention of resigning. Blank said Gilstrap and the rest of the APTA membership could expect to see them again when the organization holds its next national convention in Detroit in 1986. ADAPT plans similar tactics, since Michigan, like California, has already opted for total accessibility. "It's a question of civil rights," Blank said." And it's a national issue. Wherever they go, you can expect to find us." 3 photos filling the top three-quarters of the page. Photo 1: A man (George Florum) in a manual wheelchair wearing a black no-steps ADAPT T-shirt is loaded onto a lift of some type of vehicle by three beefy police officers Caption: GEORGE FLOROM OF of Colorado Springs is arrested for blocking buses in Long Beach. Photo 2: A dark shot of a man in a white T-shirt (Chris Hronis) being pulled upward by several sets of hands. Caption: CHRIS HONIS [sic], a California ADAPT member, is arrested at the Bonaventure Hotel. Photo 3: a couple of small groups of protesters in wheelchairs and standing, are in front of one bus and beside another, while police stand nearby. Caption: ACTIVISTS hold a bus captive in Long Beach. To the left of photo 3 is an ADAPT "we will ride" logo with the wheelchair access guy and an equal sign in the big wheel.