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Home / Album / Tags Mike Auberger
+ court + blocking a bus + ADAPT - American Disabled for Accessible Public Transit 2
ADAPT (441)
DISCLOSURE September-October 1989, Issue No. 112 the national newspaper of neighborhoods [Headline] Disabled Protest Across Country: “Accessible Transit Is a Civil Right" This story continues on 436 but is included here in its entirety for ease of reading. PHOTO by Tom Olin: A large group of people in wheelchairs, on crutches, many carrying posters, are massed in front of a MCI New Jersey bus. Joe Carle is in the middle of the group with his back to the camera and on the back of his wheelchair is a sign that reads "I can't even get on the back of the bus." Also visible (right to left) are Cassie James, Diane Coleman, Brian Shea, Mike Early from CORD, two other guys in wheelchairs, Kent Killam, Julie Nolan, a white haired blind person with a big sign, and a short woman, perhaps a child, looking to her left and holding on to the back of a wheelchair. The group is blocking the bus and the street, while others walk by on the sidewalk. Caption reads: Members of American Disabled for Accessible Public Transit (ADAPT) and affiliated groups stages demonstratlon on disabled rights issues in front of buses at the federal court building, Philadelphia, May, 1989. by Mike Monti The message is clear: “We will ride,” say the members of American Disabled for Accessible Public Transit (ADAPT). From a series of demonstrations to a controversial court case, this relentless group keeps fighting for accessible transit around the country. Among its victories are a July, 1989 federal court ruling that transportation agencies no longer have a 3 percent cap in providing wheelchair lifts or paratransit. For the members of ADAPT, accessible transit is a basic civil right — and is always worth fighting for. We reported in Disclosure #l08 on ADAPT’s actions in Montreal at the annual convention of the American Public Transit Authority (APTA). APTA and other transit authorities continue to make it extremely difficult for people with disabilities to use public transit. Nevertheless, ADAPT has shown that it will confront APTA wherever it shows up. Last April, at the Western Regional Conference of APTA in Sparks, Nevada (just outside of Reno), over 125 ADAPT members staged actions at the conference, calling for public transportation that can be used by everyone — including people with disabilities. Members started off with a march from their hotel to the conference hotel. When they were about halfway there, ADAPT was met by a police blockade. Obviously, authorities already knew about ADAPT: here is a group that won’t stops until it forces permanent changes. In Sparks. the marchers were able to get around the police barriers. But when they got to APTA’s hotel, they were met by private security forces. The hotel security outnumbered the city’s police three-to-one -— and were able to chain the door shut before ADAPT entered. Forty-seven ADAPT members were arrested, and seven were sent to jail. “The Sparks police had obviously decided that we weren't going to march in the streets,” said Stephanie Thomas, an ADAPT member who lives in Austin, Texas. “But we were able to go around the car barricades. it was like water going around the rocks." The following afternoon, ADAPT staged another demonstration with many crawling across the street and around police barricades, blocking traffic until they reached the front door of the hotel. It was locked from the inside. This time, 25 were arrested. The charge: blocking a fire door which was locked. Many of the ADAPT members who were arrested went on a hunger strike. Meanwhile, ADAPT members on the outside held a press conference calling attention to the problems jail staff were having providing for several of the disabled people’s needs. A final protest was held the next day. One day later, the Sparks judge who sent the hunger strikers to prison made a deal with the protesters: he let out two protesters for the price of a $100 fine. The judge had imposed a much stiffer sentence a couple of days earlier, but changed his mind in the face of a group of arrested ADAPT members who made it clear that they would rather starve and stay in jail than pay a huge fine. Meanwhile, disability groups on the east and west coasts were raising money to help support ADAPT. On the fourth day of the hunger strike, the judge relented and the fine was reduced. By the end of the day, all arrested ADAPT members had been released — and many in the group headed to Denver, for more demonstrations. In Denver — which is the home of ADAPT — the group protested at the annual conference of the Urban Mass Transit Administration (UMTA). This time, demonstrations focused on the federal government's request for a re-hearing of the ADAPT vs. Burnley case. In February, ADAPT won a major victory from the Department of Transportation (DOT) - only to have it undercut by the government. The first of ADAPT’s arguments stated that the rule saying transportation agencies should not have to spend more than 3 percent of their budget on wheelchair lifts or paratransit was unconstitutional. Second, ADAPT held that the option allowing agencies to decide whether or not to provide new buses with wheelchair lifts was unconstitutional. DOT kept flip-flopping on the issue: first it said yes, and then it backed off, asking for a rehearing to vacate the decisions. In Denver, ADAPT confronted Michael Norton, U.S. Attorney for the Tenth District in Denver. “Why is the government working against disabled rights?” asked ADAPT. Norton eventually read a 20-page statement from Attorney General Thornburgh stressing “the need for concern, compassion, and commitment” — but also saying that the law never mandated integration. “It was a really offensive statement, ” said Stephanie Thomas. “On one hand, he was affirming the government's commitment, and on the other he’s fighting tooth and nail to stop rights for the disabled.” When the case was reheard in Philadelphia on May 15, ADAPT was ready. With help from the local chapter of Disabled in Action and the Cape Organization for Rights of the Disabled (CORD), protesters gathered at the federal court building. Four ADAPT members met with the U.S. Attorney, who listened to their concerns. Two days later, a protest was staged at Independence Hall. Dressed in revolutionary garb complete with wigs, three-cornered hats and fife and drum, the “Disability Rights Patriots” marched around the Liberty Bell. Court Decision On July 24, ADAPT won a significant victory as the original ruling striking down the 3 percent cap on wheelchair and paratransit lifts was upheld. On the local option issue, judges decided that the stipulation was legal. Now, it's back in the hands of DOT, for "clarification." Meanwhile, ADAPT will be working with lawyers to plan its next strategy in the legal arena, even though the courts have dodged the issue of equal rights for the disabled. Nevertheless, ADAPT is still ready for action. “We are not going to sit around and wait for the government to put a piece of legislation through,” said Wade Blank. What's next for ADAPT? The next APTA Conference will be held in Atlanta, Georgia, September 23-28, 1989. “The court’s decision on local option will make our demonstrations in Atlanta bigger,” says Mike Auberger, a co-director of ADAPT. Sparks Nevada, Denver, Philadelphia, Atlanta. . .ADAPT marches on for rights for people with disabilities. “Someday,” says Wade Blank, “ It will be just as appalling to see buildings without ramps as it was seeing signs that said ‘Whites Only.’ ” end of article Pictures of 2 graphic symbols: One is the ADAPT no-steps logo with American Disabled for Accessible Public Transit around the outside and a circle with a set of steps rising to the right and a bar across the circle and steps with the word ADAPT on it. The other is a power fist, with wheelchair warriors written below the arm. Caption reads: These symbols are part of ADAPT’s continuing fight. Says Wade Blank of ADAPT “Someday it will be just as appalling to see buildings without ramps as it was seeing signs that said ‘Whites Only.’”
ADAPT (180)
THE HANDICAPPED COLORADAN Volume 7, No. 3 Boulder, Colorado October 1984 PHOTO: A man in a leather brimmed hat, long hair beard and moustache down vest and jeans, seated in a motorized wheelchair (Mike Auberger), leans to his right as he is surrounded by abled bodied people. Back to the camera, a man plain clothes is partially in front of him, papers sticking out from his back pocket. A uniformed officer is also back to the camera and is holding Mike's arm which in front of Mike. A second uniformed officer is doing something behind Mike's back while a woman stands up on the sidewalk to his side watching with her hands on her hips. (She was an organizer with National Training and Information Center and was assisting with the Access Institute.) cation reads: D.C. Police Arrest Denver Disabled Protestor MIKE AUBERGER, a community organizer for the Atlantis Community in Denver and a member of the American Disabled for Accessible Transit (ADAPT) is arrested by Washington, D.C., police outside the Washington Convention Center where the national convention of the American Public Transit Association (APTA) was just getting under way. A spokesperson for APTA said that the demonstrations only delayed the start of the convention by a few minutes. Inside the convention hall Secretary of Transportation Elizabeth Dole abandoned her prepared text and said the administration was working to provide public transit for the disabled. Outside the hall, demonstrators branded the secretary's plan as another “separate but equal" scheme and demanded that the federal government require all public transit systems be made accessible to the handicapped. Demonstrators not only blocked the entrances to the convention but also surrounded chartered buses that took delegates from their hotel to the convention center. The disabled activists represented a number of cities, including Denver, Syracuse, N.Y., Boston, El Paso, Los Angeles and Chicago. Additional photo on page 4. 28 Busted in D.C. The 28 disabled activists who were arrested for civil disobedience during the national convention of the American Public Transit Association (APTA) in Washington, D.C., last month are trying to raise $1500 to make their bail money by a Dec. 3 deadline. At the same time, they're preparing to carry their demand that the APTA members buy only wheelchair-lift equipped buses to the transit organization's regional convention in San Antonio on April 20. The Texas contingent from the American Disabled for Accessible Public Transit (ADAPT) under the leadership of Jim Parker of El Paso has been especially militant in their demands. Taking their lead from an editorial in the September Handicapped Coloradan, a coalition of of Texas disabled groups met in San Antonio and voted to ask transit systems in Texas to withdraw from APTA unless it goes on record supporting accessibility. The Colorado chapter of ADAPT was planning to introduce a similar resolution to Denver’s Regional Transportation District (RTD). APTA's position is that accessibility should be left to the discretion of the local transit provider, Although the Carter administration mandated accessibility in public transit, APTA was successful in getting that ruling thrown out in a l98l court battle. ADAPT maintains that the disabled have a civil right to public transit. Jack Gilstrap, APTA's executive vice president, reiterated that position as wheelchair demonstrators seized buses in front of the White House and hurled their chairs at police lines outside the Washington Hilton and Washington Convention Center during APTA's late September meeting. Gilstrap said that the funds just weren't there to support a mandatory system, adding that the additional burden might jeopardize some transit systems. However, since the convention ADAPT has been approached by APTA's new president, Warren Franks, the director of the Syracuse, N.Y., transit system, who has requested a meeting in Denver with wheelchair activists. "The Syracuse ADAPT group has been pretty active," said ADAPT spokesperson Wade Blank. "Franks must be pretty worried about what might happen there if he wants to meet with us.“ ADAPT was organized in Denver one year ago by some of the same groups and individuals who had been involved in forcing RTD to adopt a pro-accessibility policy when purchasing new buses. That battle too was highlighted by militant demonstrations with wheelers chaining themselves to the doors of RTD headquarters. In contrast, demonstrators restricted themselves to orderly pickets when APTA held its national convention in Denver in 1983. But ADAPT only abandoned its plans for civil disobedience after APTA met its demands to address the entire convention on accessibility. APTA's national staff fought that request and allegedly threatened to pull the convention out of Denver at the last minute, but finally agreed to allow ADAPT to address the meeting after Denver Mayor Federico Pena intervened. There was no question that ADAPT would be offered the same treatment at the Washington convention. Although they didn't get a spot on the agenda Blank said his group made their point by capturing the attention of the capital's media. Even before the convention opened, ADAPT made its presence known by joining forces with local D.C. activists to seize seven Metrobuses and block the five blocks along Pennsylvania Avenue in front of the White House during the afternoon rush hour. Demonstrators released the buses an hour later when D.C.’s Metro General Manager Carmen E. Turner agreed to meet with Washington disabled leaders to discuss their demands for a fully accessible system. No date has yet been set for that meeting, which ADAPT said marked an historic first in the Washington area. No arrests were made during that demonstration, although Washington police moved several demonstrators out of the street. But on the following Monday and Tuesday 28 demonstrators were arrested as they tried to block buses leaving the Washington Hilton for the convention center and again at the convention center itself. The police threw up lines as picketers arrived but were unable to halt the advance of the demonstrators, who wedged their chairs in the hall's doors or hurled their bodies onto the ground. Mike Auberger, one of those arrested, said the police "were abusive -- there's no doubt of that," but he added that this was probably pretty typical. “Let's face it," he said, "these guys probably have to deal with demonstrators all the time." They don't mess around when they get started. Auberger said he was grabbed by the hair and pulled back so that his chair was resting on its back wheels. Two other demonstrators were thrown from their chairs and taken to local hospitals where they were released after being treated for minor injuries. Police had to bring in special vans with wheelchair lifts in order to cart demonstrators off to jail, where they were fingerprinted and rushed into court. "Only the doorway between the holding cells and the courtroom was too narrow to get our chairs through," Auberger said, "so they had to take us in the back way." Some of the disabled picketers were surprised that the police reacted with such force, according to Auberger. "l think it opened a few eyes," he said. ADAPT filmed the demonstration, and a 20-minute edited version is being shown as part of a fundraiser to pay the bails of those arrested, about half of whom were from Denver. Congresswoman Pat Schroeder (D-Denver) has agreed tn help raise money, but because of previous campaign commitments said she would be unable to participate until after the first of the year.