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Domov / Albumi / Oznake Mike Auberger
+ jail + Reno/Sparks 4
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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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RENO GAZETTE-JOURNAL Monday APRIL 10, 1989 [Headline] 49 disabled protesters arrested in Sparks Photo by Cralg Sallor/Gazette-Journal: Two men in wheelchairs are being arrested by police in the middle of the street. The man on the left, Bob Kafka, is being bent forward in his chair and being handcuffed behind his back. Across his legs he has a poster but it is not readable from this copy. The man on the left, Bill Bolte, is sitting up hold a sign about Rights in front of his chest. The policeman is standing beside him bending forward to do something to his chair it seems. caption reads: CONFRONTATION: Sparks police arrested Bob Kafka, left, of Austin, Texas, and Bill Bolte of Los Angeles. Text box has the quote: 'My rights are worth fighting for.’ Bill Bolte/demonstrator [Headline] Public transit meeting draws demands for accessibility By Darcy De Leon/Gazelle-Journal Sparks police arrested 49 disabled protesters demanding accessibility to public buses during a protest Sunday aimed at national transit officials meeting at John Ascuaga's Nugget. About 75 wheelchair-bound members of Denver-based American Disabled for Accessible Public Transportation (ADAPT) rushed two entrances of the hotel—casino about 3:15 p.m., but Nugget security officers and police inside blocked the doorways. ADAPT activists chanting, “Access is a civil right,” struggled to open the doors an confront officials with the American Public Transit Association (APTA) attending a five-day convention through Wednesday. Bob Kafka of Austin, Texas, and Bill Bolte, a Los Angeles resident, were the first protesters to he arrested. "My rights are worth fighting for," said Bolte, 57. “APTA is discriminating against us," said Kafka, who has used a wheelchair since breaking his neck in a car accident at the age of 26. "We feel that APTA is to the disabled what the KKK is to the black community.“ At the height of the protest police dragged away three demonstrators lying in the casino entrance. No injuries were reported, police said. Sparks police Lt. Tony Zamboni said that as of late Sunday night, five of the 49 demonstrators arrested had been transferred to the Washoe County jail, after their arraignment in Sparks Municipal Court. They were being held in lieu of $1,025 bond for investigation of obstructing traffic, obstructing a police officer an blocking a fire exit, Zamboni said. Arraignments continued Sunday night for the remaining protesters. Disabled residents from Reno and 30 other cities throughout the country joined in the protest of an expected appeal of a federal court order that requires all public bus systems to be equipped for wheelchairs. ADAPT filed a lawsuit asking for the decision last year. The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled in favor of the group in February. Demonstrators Sunday hoped to persuade the transit officials to work against the appeal, expected to be made by the U.S. Department of Transportation today. APTA spokesman Albert Engelken said the group's protests are “compelling and heart-rending." But he said APTA cannot afford a national mandate for the lifts, which cost $15,000 to install and even more to maintain. Engelken also cited low usage of the buses and suggested the lift requirement be a local option instead of a state mandate. “We're for accessible transportation for the disabled, and we do have it, but the local transit systems and the local disabled communities should decide what is needed because they know what's best." Reno’s Citifare would not be affected by the decision because transit officials already have made a commitment toward a 100 percent wheelchair-equipped bus system, said Bill Derrick, planning manager for the Regional Transportation Commission. All Citifare buses bought since 1984 are wheelchair-equipped, he said, and all non-equipped buses will be replaced by 1996. Mike Auberger, ADAPT founder and protest organizer, said the group has staged at least 14 demonstrations at APTA conferences during the last seven years throughout the United States and Canada. Auberger, 33, of Denver, who has been confined to a wheelchair since a bobsled accident 17 years ago, said demonstrators will follow APTA convention-goers for as long as it takes. “We’re not fighting Reno or any other city. We're fighting APTA,” he said. “We will go to jail, we'll get arrested, but so what — it's a misdemeanor. We'll do it again." Citifare accommodates the disabled more than some other cities, said Reno resident Dottie Spinnetta, 51, who suffers from muscular dystrophy and rides the buses five days a week. But RTC could improve the system by offering additional wheelchair space on the buses and bus pickups every 30 minutes instead of every hour. “I should be able to get around as everyone else can and not have to ask,” she said. “That’s what everybody wants — to be independent." The only drawbacks of using Citifare for John Civitello, 21, is that he has to get up at 4 a.m. to catch a 6 a.m. bus that takes him to his job with American Handicapped Workers. He then waits outside the office another hour until his workday begins at 8 a.m. PHOTO by Joanne Haskin: Two policemen are standing one behind the other, facing a third and behind him is a fourth officer who is using what looks like a video camera. All the police wear hats and are looking down. From their midst, the wild head of Arthur Campbell sticks out, his long white hair flying in different directions, a strange grin on his face and his intense eyebrows above his dark eyes. The police seem to be cradling him, and look down at him. Caption reads: Protest scuffle—Sparks police detain one of the ADAPT protesters that blocked the entrance to John Ascuaga's Nugget during a demonstration Sunday afternoon. Sparks police made a total of 49 arrests during the protest.
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The Daily Sparks Tribune Tuesday April 11, 1989 Photo 1 by Ken Johnston: Man (Bill Bolte) in a wheelchair, wearing glasses, bent forward, almost lying in his lap. He is holding up a sign that is only partially readable, "Give me a lift -- Not [the shaft]." Photo 2: A policeman in a cap and mirror sunglasses pushes a woman in a motorized wheelchair (Kim Horton) away from a glassy doorway. Kim is wearing the black ADAPT shirt with the access logo. Caption reads: Proving a point——-Bill Bolte of Los Angeles (above photo 1) got his message across Monday at John Ascuaga’s Nugget during the second day of protests aimed at the American Public Transit Association. Bolte said he will be out protesting again today. Kimberly Horton (below, photo 2) gets taken away after her arrest by Sparks police for blocking the entrance to the Sparks casino. The ADAPT handicapped rights group vows to continue picketing until the transit association's convention ends Wednesday. [Headline] 25 arrested on second day of demonstrations [Subheading] Protesters straining nerves, budgets By Faith Bremner Tribune Staff The handicapped protests in downtown Sparks are costing local residents time and money. Time in the sense that police officers who would otherwise be helping local citizens are spending their time keeping the peace on B Street. Money in the sense that the police and the court are working overtime just to keep up with the 100 or so demonstrators who are protesting the American Public Transportation Association's (APTA) convention at the Nugget this week. “ While (the Sparks Police) are out there handling these individuals and if you call 911, the response times change dramatically," Sparks Municipal Court Judge Andy Cray said. The demonstrators come from all over the country and are members of the Denver, Colo. based American Disabled for Accessible Public Transportation (ADAPT). They are demonstrating against APTA because that organization opposes the federal government forcing public transit authorities to install wheelchair lifts on all buses purchased with federal funds. APTA represents public transit authorities around the United States and Canada. In two days of protests, Sparks Police have arrested 72 demonstrators, mostly on charges of blocking fire access to the Nugget, obstructing police officers and assault and battery, Cray said. Most of those arrested Sunday, the first day of the protest, were given warnings and had their fines suspended, Cray said. Those who were rearrested Monday were given three day jail terms and fines ranging from $200 to $500, he said. The arrested were brought into court directly from B Street and checked out by two nurses, then arraigned and transported to jail via a special lift-equipped van, Cray said. The two judges worked until midnight both nights, Cray said, just to handle the crowd. Likewise the sheriff and the police department are working their crews overtime. The Sparks Police have canceled all days off and vacations and during the demonstrations called in all available officers Lt. Tony Zamboni said. "Everybody's tired and we've put in some long hours but morale is still relatively high," Zamboni said. Likewise, the Nugget is working its security guards overtime, spokesman Parley Johnson said. “I think it's hurting us a little bit but you have to feel sorry for these people,"Johnson said. “It's a tough situation. There but for the grace of God go I.” It has been business as usual at the Nugget, Johnson said, and few customers have been inconvenienced. “Most of our customers didn't realize what was going on," Johnson said. Meanwhile, ADAPT co-founder Mike Auberger complained that the Washoe County Consolidated Jail is unprepared to house the handicapped prisoners. As of this morning about 30 protesters were still in jail, Auberger said. Auberger, a quadriplegic, was arrested Sunday and posted bail and was released late Monday night. "There were only three people handling 30 people's medical needs and helping them to transfer from their chairs to the beds or the bathroom, the litany of what it takes for a disabled person to survive," Auberger said. “Most of the nurses and staff at the jail clearly had never dealt with disabled people. They had no idea what you were asking for." But Sheriff Vince Swinney denied that the jail is unprepared to handle the handicapped. “Somebody should realize this is what these people want to do," Swinney said of the group that has staged numerous similar demonstrations around the country. “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.“
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Title: Deputies prepare for protesters by Christopher Quinn of the Sentinel Staff [This articles continues on 687 but the entire text of the article is included here for easier reading.] PHOTO [AP file photo]: A guy in an ADAPT T-shirt sits on the sidewalk in front of a set of glass doors. His knees are bent but together and his feet are out to each side. His mouth is slightly open and he is wearing a hat. Behind him, through the glass a group of security men are standing holding the door handles and conferring. Caption: A disabled activist sits outside a casino in Sparks, Nev., in an '89 protest. Orange deputies are studying videos of the event. Title: Disabled activists plan to disrupt a convention of nursing home operators. In city after city since 1983, wheelchair-riding activists have climbed from their chairs, dragged themselves along the ground, halted traffic and chained themselves to buildings. On Sunday they’re coming to Orlando. They intend to be arrested, and the Orange County Sheriffs Office plans to accommodate them. Deputies have spent the past month gathering information on how to handle the protesters. "This isn't a win situation. No one wants to arrest paraplegics,” Sheriff Walt Gallagher said Thursday. “But I have to enforce the law.” The activists are members of ADAPT (Americans Disabled for Attendant Programs Today) and they plan to disrupt a convention of nursing home operators. The members believe the federal government spends too much money on nursing homes and too little helping the disabled live at home. The protest is aimed at the American Health Care Association, which is holding its annual meeting Sunday through Thursday at the Orange County Convention and Civic Center. “We want to make life miserable for them," said Mike Auberger, a quadriplegic who cofounded the group and now fights nursing homes. Auberger said the group will try not to inconvenience anyone but convention delegates. He said the convention is a prime target for his group because it is the only place so many nursing home operators gather. The protesters want 25 percent of the federal money spent on nursing homes shifted to home care for the disabled. Law enforcement officials who have dealt with the protesters in other cities say the group's main goal is favorable television coverage. “They'd like nothing better than to have the local media take a picture of three or four big cops taking a guy to the ground.” said Bob Cowman, a lieutenant for the Sparks, Nev., police. Members of the group descended on Sparks, a city near Reno, in 1989. They were stymied, however, when police methodically stopped the activists from disrupting a convention. Sparks officers gently arrested anyone who broke the law. When members threw themselves to the ground and crawled across streets, hoping to be picked up and hauled off to jail, police just watched, frustrating the protesters. The Sparks methods for dealing with the group’s tactics have become the standard other agencies emulate. Orange deputies have spent hours watching videotapes of the Sparks protest. The tapes show legless protesters throwing themselves out of their wheelchairs and walking on their hands across streets. “Members have been known to throw their colostomy bags at the Police,” says a Sparks report on the protest. Auberger said that’s just not true. The Sparks convention and protest were smaller than what is expected in Orange County. The Sparks convention involved 500 delegates and around 100 protesters. The convention here will involve more than 3,000 delegates and more than 300 protesters. “We’re as prepared as we’re going to be,” said Sgt. Jon Swanson, head of sheriffs intelligence. Today a wheelchair-bound consultant will teach deputies how to arrest the disabled without hurting them or damaging the wheelchairs. Starting Sunday a riot squad will be at the convention center 24 hours a day. If the disabled protesters attempt to block traffic or center entrances, 120 deputies will be on hand to make arrests. The county will have to pay as much as $200,000 in overtime. “One hundred and twenty cops isn't going to do it," Auberger said. “That's not enough per person." The cost is in addition to whatever Orange jail chief Tom Allison spends housing arrested activists and tending to their medical needs. Allison said he’s ready to handle hundreds of prisoners in wheelchairs. Swanson and Allison said they hope any activists who get arrested stay in jail a few days. Bonds will be set at $500 for the misdemeanor charges the protesters usually face. Because the activists are from out of state, bail bond agents will be unlikely to help, said John Von Achen, president of the Tri-County Bonding Association. When members have been arrested and freed without bond in other cities, they have immediately returned to the protests to be arrested again. “We don't want to get into a scenario where we arrest them, release them, arrest them, release them, arrest them, release them,” Allison said. Auberger said there is another way: “Not to arrest any of us.” The headquarters hotel for the convention is the Peabody Orlando, across from the convention center, but some delegates are staying up the street at the Clarion Plaza Hotel. The protesters have reserved 90 rooms at the Clarion. The convention schedule calls for delegates to be in seminars at the convention center or in training at Walt Disney World on Sunday and Monday. Auberger said his group might stage a protest at Disney. On Tuesday morning, however, Red Cross president Elizabeth Dole will address the convention. Television weatherman Willard Scott will speak Wednesday. Swanson said the protesters might save their big protest for the speeches. Cowman, the Sparks lieutenant, said Orange deputies just need to expect the worst. “Some of them are basically professional protesters,” he said of the group’s members. But they are severely disabled, and Sparks officers repeatedly offered to help the activists. “You can’t help but feel sorry for these people," Cowman said.