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Нүүр хуудас / Цомог / Түлхүүр үгс Mike Auberger
+ hunger strike 6
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The Orlando Sentinel Local & state B TUESDAY, October 8, 1991 [This clipping contains two articles. Artilce 1, titled Q & A is a boxed insert. It is continued on a page that are not currently available. Article 2 continues in ADAPT 686 but the entire text of the article is included here for easier reading.] Main Title: Disabled protesters refuse to attend talks Article 1 - Title: Q&A no author given; Lauren Ritchie is interviewer. Mike Auberger discusses why the group of disabled people that he helped organize is protesting the meeting of the American Health Care Association. Auberger was interviewed Monday from his cell at the Orange County Jail by Lauren Ritchie. Question: Why is ADAPT targeting nursing home operators? Answer: The nursing home industry is a $50 billion a year organization. lf you happen to be 30 years old and disabled and live, say, in Ocala —— and there are no personal assistance programs — than you're forced into a nursing home simply because you have physical needs you can't take care of yourself. Q: Why, from your perspective, is that bad? A: If you've ever talked to anybody who's been in a nursing home, the only difference between there and jail is the color of the uniforms. The jail uses guns to keep you there; the nursing home uses pills. You have no choice about when you get up, what you wear, what you eat or don't eat and when you go to bed. When we talk about nursing homes, we talk in terms of incarceration. You never escape from a nursing home. lf you are older and disabled, you could be forced to sell your home, forced to give up everything. The issue is quality of life. Most people can be taken care of in their own homes. Q: Why does ADAPT focus on nursing homes rather than the federal goverment? A: Under the Medicaid program, each state is required to participate in nursing home funding [for the disabled]. Every time a state does a budget it has to identify a certain amount of dollars for nursing homes. If you ... please see Q & A, B-4 Article 2 Photo by Red Huber/Sentinel: The picture is divided almost down the middle by a line of police barricades. On the left side a row of uniformed police officers stand leaning forward, arms stiff, holding the barricades in place. On the right a line of ADAPT protesters (San Anontio Fuentes closest to the camera) face off with the police. Behind them several standing people look on. Caption: A steel barricade and a line of Orange County deputy sheriffs prevent protesters from reaching the doors at the convention center. Title: Deputies expect the protests will grow worse when famous speakers address the convention. By Mary Brooks, of the Sentinel Staff Disabled activists demonstrating at a convention of nursing home operators rejected an offer to meet with industry leaders Monday, calling it a ploy to end their protest. But a spokeswoman for the American Health Care Association, which is playing host to 3,500 people at its annual conference in Orlando, said members of ADAPT -- Americans Disabled for Attendant Programs - seemed more interested in drawing television cameras than in drawing up an agreement at a discussion table. Activists say they plan to continue trying to block entrances to the Orange County Convention and Civic Center until the conference ends Thursday. Deputies expect the worst will come during the visits of the convention's noted speakers. This morning, Red Cross president Elizabeth Dole will address the convention. Television weatherman Willard Scott is scheduled to speak Wednesday. In their second day of demonstrations Monday; about 120 ADAPT members clustered near the three main entrances to the convention center on International Drive. They were barred from approaching the center doors by portable steel fences and 130 Orange County deputy sheriffs. "In the past they've blocked entrances with chains. We want to prevent that," said sheriff's spokesman Cpl. Doug Sarubbi. “They have a right to be here, but the conference attendees have a right to be here. too." Two protesters were arrested late Monday after they refused to stop using a loudspeaker. The protesters, many of them in wheelchairs and a few with guide dogs, sang, chanted and shouted at convention-goers. Tension mounted for several minutes when some of the disabled rammed their wheelchairs into the barricades. There were no injuries. Organizers said the 74 protesters arrested in clashes with deputies on Sunday at the Peabody Hotel on International Drive would not post bond and would remain in the Orange County Jail. Pat Hasley, a hotel security guard who suffered a heart attack during Sunday’s demonstration, was in stable condition Monday at Sand Lake Hospital. Denver-based ADAPT wants Medicaid to funnel 25 percent of the $23 billion nursing home budget to home care for the disabled. The group also wants the chance to address convention participants. “Right now, if you're disabled and need medical services and can’t afford it, they’re going to lock you up" in a nursing home, said Stephanie Thomas, an ADAPT organizer. Demonstrators claimed that 1.6 million disabled people in nursing homes really shouldn’t be there. “We don’t think the extreme needs of a very small percentage should dictate where all the money goes,” said Molly Blank, an organizer from Denver. During about four hours of protest Monday, some convention-goers stood outside the center to watch. Ralph Frasca of Cedar Falls, Iowa, and Mary Scheider of Joliet, Ill., were among a few who ventured over to talk to the demonstrators. “They have a legitimate grievance,” Scheider said. “The main issue is at-home care, diverting funding from institutional care to home care. The funding system now is skewed toward institutional care." Frasca, a journalism professor at the University of Northern lowa, said many convention participants were tumed off by ADAPT’s approach. “The discussion thus far has not centered around issues but rather the sensationalism of the event. I think a non confrontational, peaceful dialogue should be taking place." Linda Keegan, a spokeswoman for the American Health Care Association, said the demonstration did not disturb the convention activities. She said ADAPT had not contacted the association about a meeting or about getting time on the convention agenda before Sunday. She said the health care association’s executive board has met with the group twice this year, each meeting ending in chaos. “We made a commitment to meet. They made a commitment to protest.” The association proposed on Monday to meet with ADAPT on Thursday under the condition that the activists stop protesting. “We don't think that is a good faith offer," said Thomas. The Sheriffs Office and the jail had made extensive preparations for handling the disabled protesters, including special training and added staff. Sarubbi said the Sheriff's Office would not know what the cost would be until the demonstrations are over. Ed Royal, an Orange County Jail administrator, said volunteers from jail ministries were helping to defray some of the costs of handling the disabled inmates. The jail also had to get foam mattresses, diapers, chargers for wheelchair batteries, and other special equipment. The problems of caring for the protesters are many, Royal said. Staff and volunteers had to document and administer medication, and to help inmates relieve, bathe and feed themselves. Jail officials were able to make trades for some supplies with hospitals, but other materials had to be bought. Monday morning, 37 jailed activists began refusing food and liquids and another 10 would not eat but were drinking. Medical staff were monitoring the hunger strikers and were prepared to take them to hospitals if needed, said Royal. On its lawyers’ advice, the corrections department has been videotaping the disabled inmates since their arrival. "They have a history of saying they were mistreated while in custody, so we're taking no chances," said Royal.
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[Headline] "We Will Ride" [Subheading] Disabled Protesters Clash with Transit Authorities National Group Fights for Accessible Transit Disclosure Jan-Feb, 1989 [This article continues on ADAPT 420 but the entire text is included here for easier reading.] "These protests are the continuation of an ongoing assault," says Stephanie Thomas of American Disabled for Accessible Public Transit (ADAPT). In October, ADAPT disrupted the annual convention of the American Public Transit Authority (APTA) in Montreal with a series of protests. "We want all buses to be made accessible to disabled people," says Stephanie Thomas, who lives in Austin, Texas. "And we will continue these confrontations until that happens!" ADAPT is getting closer and closer to that goal. Last year, a task force created by APTA proposed lifts on all new buses. Nevertheless, at the Board of Directors' meeting in Montreal in October, APTA reaffirmed its current policy on transportation for disabled persons. In many cities, transportation for disabled persons means some kind of a pickup service. "It's a segregated system," says Stephanie Thomas, "and it never works out as well as it sounds. Riding public transportation is a civil right." For this civil right, ADAPT turns to civil disobedience. ADAPT has become such a force at APTA conventions that local police now prepare in advance for the group's demonstrations. In Montreal, police watched videos of ADAPT demonstrations in the U.S. and 100 police were put through a day-long training session on how to deal with the anticipated protests. But that didn't stop the ADAPT protesters, who continue to fight tenaciously for accessible transit. The four day series of actions in Montreal began on Sunday, October 1st. Despite a torrential downpour and near freezing temperatures, 120 members of ADAPT marched down Boulevard Rene Levesque to the Hotel Queen Elizabeth, APTA's 1988 convention site. ADAPT protesters were joined by representatives of their local counterpart — Le Mouvement des Consommateurs Handicapes de Quebec (MCHQ) or the Movement of Disabled Consumers of Quebec. ADAPT members swarmed across the road to enter the hotel, despite at least a one-to-one ratio of police to protesters. Even as a wall of police barricades was hastily erected, protesters climbed down from their chairs and crawled under the barriers. They were carried back by the police, but no arrests were made. That evening ADAPT took a more undercover approach. "No small feat for over 100 wheelchairs," commented Stephanie Thomas. Sneaking through back alleys and a back door, 15 people in wheelchairs were carried down a flight of stairs into one of the satellite hotels in which APTA members were staying. Meanwhile, two other `groups` converged on the front door using their wheelchairs to push aside makeshift barriers of luggage carts. Singing and chanting, ADAPT took over the lobby — blocking elevators, escalators, and stairs as APTA members looked on in shock, Finally, the police selectively arrested 28 of the demonstrators, including two who had chained themselves to the stairway. That night, a judge sentenced members of the group to a $50 fine, to be paid on the spot, or they would be faced with three days in jail, with a probation banning those arrested from entering downtown Montreal for six months. Twenty of the group refused to pay the fine and went to prison. Nevertheless, this put no damper on ADAPT's actions. Next hit: the APTA Spouses' Luncheon and Fashion Show, a favorite ADAPT target. The luncheon was held at a chalet atop Mount Royal on Mon-day, October 3. Ten more ADAPT members were arrested, as the APTA buses were stopped and the spouses were forced to walk past chanting demonstrators. On Monday night, October 3, 20 wheelchair users penetrated the Queen Elizabeth Hotel through an underground shopping area. 7 year old Jennifer Keelan, who uses a wheelchair, and her mother, were taken into custody and threatened with arrest, but were later let go. Meanwhile, in two Montreal prisons, the system was showing its inability to deal with severely disabled inmates. The ADAPT inmates were on a hunger strike. Officials decided that, due to good behavior, everyone would be out by Tuesday morning. ADAPT swung into the final phase of operation Tuesday morning. As requested by MCHQ, it was time to hit the local transit system — which is completely inaccessible to people with mobility impairments. Buses were stopped for an hour at a local bus transfer site, while a local woman crawled from her wheelchair aboard a bus and tried unsuccessfully to ride. "We are sorry for the inconvenience, but we are inconvenienced all our lives," said Wade Blank of ADAPT to the crowd. Blank is the founder of ADAPT. On Wednesday, October 5, ADAPT entered the Longueuil METRO subway station and once again tried to ride. The station had no ramps or elevators, and narrow turnstyles. 50 ADAPT members sang and chanted in the cavernous station — and cheered as 15 others crawled out of their wheelchairs, down the steps, and across the floor to the turnstyles where police blocked their passage. From the dirty platform floor, ADAPT held a press conference. We explained our simple desire to use the public transit that our taxes pay for," says Stephanie Thomas. "Lack of access is degrading for people with disabilities." The pressure on APTA is clearly mounting. APTA is now considering a resolution which strongly supports mainline transit access — ADAPT's demand from the start. In addition, Le Mouvement des Consommateurs Handicapes de Quebec has learned first hand the effectiveness of direct action techniques and has vowed to continue the pressure locally in Montreal. "In Quebec, now they are saying 'Nous serons transporte!', says Stephanie Thomas. "That means what we have been saying all along, and will continue to say: 'We will ride!" Photo by Tom Olin: On a Montreal street Mike Auberger pushing his knees through a police barricade as two officers try and hold him back. In the background another ADAPT person is also up against the barricades held by police. Caption: Mike Auberger of American Disabled for Accessible Public Transit (ADAPT) breaking through police barricade at the Queen Elizabeth Hotel where the American Public Transit Authority (APTA) was staying for its convention last October.
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Two different articles included here Wednesday, April 12, 1989 Las Vegas Review Journal p7B [Headline] Handicapped protesters refuse food in Sparks Associated Press: SPARKS — Handicapped demonstrators who have been jailed as a result of their picketing outside a gathering of public transportation officials are now refusing to eat, Washoe County Sheriff Vince Swinney said Tuesday. Swinney said 30 people serving three-day sentences are only drinking water but won't take any meals. About 75 members of a national group calling itself The American Disabled for Accessible Public Transit have been demonstrating outside the Sparks Nugget, where the American Public Transit Association is holding its regional meeting. The protesters contend the transit association is not doing enough to make it easier for people in wheelchairs to gain access to public transportation. Swinney said he realizes the handicapped face a number of barriers, but called the demands the demonstrators are putting on the sheriffs office, on police and on the courts an “inappropriate use of the criminal justice system to educate the public to what is a public problem." He said he doesn't know how much the overtime and extra staffing is going to cost Sparks and the county. Swinney and the jail were to have been the target of a Tuesday news conference called by protest organizer Mike Auberger of Denver, who earlier said the jailed demonstrators had not received proper medical treatment. But Auberger said most of the problems at the jail were worked out in a two-hour conference with officials. Swinney said the jail has brought in an extra doctor with expertise in helping handicapped patients and has called for additional nurses who can work with the handicapped. Meanwhile, Swinney said the inmates' hunger strike is causing him concern over one of the prisoners, a woman with a history of seizures brought on by a chemical imbalance when she doesn't eat. The sheriff said most of the protesters are serving their three days in regular cells or the infirmary because the jail has only two cells for the handicapped. Forty-nine people were arrested Sunday and while most were not fined or jailed, they were told not to get arrested again. Those who were among the 25 arrested on Monday received sentences and fines of $265 to $315 in exchange for their guilty pleas. end of article 1 Reno Gazette-Journal Thursday, April 13, 1989 [Headline] Most handicapped protesters decide to remain in jail By Susan Voyles/Gazette-Journal Sparks Municipal Judge Don Gladstone late Wednesday offered to release 30 jailed handicapped protesters if they pay $100 of their fins and promise to pay the rest later. Two accepted the offer, but Mike Auberger, leader of the American Disabled for Accessible Public Transit (ADAPT), said he doubts many other members of his group will. The prisoners are entering their third day of a hunger strike in the Washoe County jail today in protest of sentences by Gladstone they claim are too harsh. The 30 protesters were arrested in demonstrations held on Sunday and Monday against the American Public Transit Association, which ended its western regional meeting at John Ascuaga‘s Nugget on Wednesday. ADAPT is picketing the transit group because many of its members operate public bus systems that do not have lifts for wheelchairs. Of the 30, 27 pleaded guilty or no contest to charges of obstructing sidewalks and fire entrances. Most of them were sentenced to three days in jail, which would end today or tomorrow, and given $580 in fines. Gladstone said he will allow them to pay $100 in fines each if they promise to pay the rest later in installments or do community service work in their home towns. Auberger said his group has only $500 to pay the $3,200 in fines needed to release the group. Those arrested would have to sit in jail for another 23 days in order to pay off their fines, which are reduced at a rate of $25 a day. "But I wouldn't be surprised if they say they'll serve the days rather than give them any money," Auberger said. Auberger and others said Sparks is the only city where the handicapped demonstrators have been jailed for such offenses as obstructing sidewalks. Pat Gilbert, a Reno attorney, was to meet with the 30 protesters Wednesday night to see what they want to do. Gladstone was prepared to hold hearings in the jail to begin releasing them. Two people already have been released for medical reasons after receiving treatment at local hospitals, and one woman, still in jail, is having up to 80 seizures a day, Auberger said. Washoe County Sheriff Vince Swinney declined to comment on the condition of the prisoners Wednesday, saying it only provides more fuel for the media to publicize their plight. However, several officers said the jail now has two doctors and ll nurses on duty, two more than were on Tuesday and nine more than the number of nurses usually assigned to the jail. In an initial court hearing, Gladstone lectured the demonstrators, saying their mass arrests have “tarnished” their cause. “I think you need new leadership" he said. After the hearing Wednesday, Auberger and a band of about 20 demonstrators peacefully protested in front of the Nugget, making a final stand against the transit association. Auberger said most of those who aren't in jail will be leaving town today, although a few will stay to help those in jail. Sparks police say it will take at least a week and half to determine the overtime and other expenses incurred because of the demonstrators. Jerry Peltier, a transit association board member from Richland, Wash., said the protest had no impact on the 500 member group. Parley Johnson, spokesman for the Nugget, said the demonstration cost the Nugget extra money for security guards. He also said business at the Nugget slowed the last few days.
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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.’”
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Wednesday, APRIL 12 1989 RENO GAZETTE-JOURNAL Photo by Tom Spitz/Gazette-Journal : A somewhat frail looking man, Randy Blatz, in a large wheelchair sits sideways looking at the camera. A sign is taped to the side of his chair; it reads "WE WILL RIDE." His legs are extended out in front of him and are covered by a blanket. Behind him another wheelchair protester looks at the camera with his arm up shading his face and his view. Behind them are other protesters in a line, pretty much filling the picture. Caption reads: BACKER: Randy Blatz of Hayward, Calif, shows support for his locked-up comrades Tuesday outside the Washoe jail. [Headline] Disabled protesters maintain hunger strike [Subheading] Jailed demonstrators getting care, sheriff says By Susan Voyles/Gazzette-Journal A hunger strike in the Washoe County jail by 22 handicapped prisoners — arrested for obstructing sidewalks while protesting a public Transit meeting in Sparks -— continued Tuesday night, although nine demonstrators broke their fast. Leaders of the American Disabled for Accessible Public Transit (ADAPT) group encouraged jailed protesters to break their fast after Washoe County Sheriff Vince Swinney early Tuesday afternoon promised the inmates more nurses, if needed, and more medical supplies. But Lt. Rod Williams said the hunger strike wasn't over medical treatment. "They're protesting the fact they're here,“ he said, “not the conditions in the jail." The hunger strike began Monday night after 25 people were arrested and jailed in a demonstration against public transit officials meeting at John Ascuaga's Nugget. The meeting concludes today. Five others have been in jail since Sunday night, when ADAPT began a planned four-day protest. They're here to protest the western regional meeting of the American Public Transit Association, which is fighting ADAPT's legal efforts to require all federally funded transit systems to buy buses equipped with wheelchair lifts. Swinney said one female prisoner vowed to continue her fast even though she was warned by a doctor that she'll ultimately go into seizures. Another woman, Diane Coleman of Los Angeles, was released from Washoe Medical Center Tuesday morning after being given liquids intravenously for dehydration. She was taken to the hospital about 3 a.m. Tuesday when she began vomiting. Mike Auberger, organizer of the Denver based group, and Pat Gilbert, his Reno attorney, met with Swinney early Tuesday afternoon to discuss jailed ADAPT members complaints. "People in charge are now in the process of trying to respond to the situation, which they've never been in before," Auberger said at a news conference outside the jail. “It's a lot more positive than it was two hours ago." Swinney said the jail has put 11 nurses to work, nine more than usual. And more nurses and a doctor will be brought in if needed, he said. But he admitted the jail did not have enough medical supplies, such as catheter drainage bags, on hand and had to order more. Normally, the jail sees only about six handicapped prisoners a year. Sparks Municipal Judge Don Gladstone defended the sentences handed down to the protesters. Of the 30 in jail, the majority were sentenced to three days for obstructing sidewalks, fire entrances or a police officer, and given an average fine of $580. On Sunday, only five of 49 people arrested went to jail. Those five pleaded innocent and will have their trials Monday. Gladstone said he warned ADAPT members he'd get tougher on them. "Clearly, everyone was put on notice," he said. "We're not following their rules" Auberger, who was also arrested but paid a fine to get out of jail Monday night, was outraged so many of his people were arrested. "I have been in many cities where I have done civil disobedience and I wasn't arrested," he said. "Maybe it's the politics of Sparks that the city has to respond to what the Nugget wants. it's real clear (Gladstone) was being forced to do what he did." “They don't toss people in jail for blocking sidewalks in most cities," complained Pete Mendoza of Marin County, Calif. "They were researching ordinances to arrest us.“ Gladstone who said he supports the rights the handicapped are seeking, said he is simply doing his job and the demonstrators were amply warned. Among the 50 or so protesters outside the jail Tuesday was Beverly Furnice of Denver, with a thick, fresh bandage around one of her twisted legs. She claims her leg was broken Sunday night when a security guard tried to move her out of a doorway. She was treated at Sparks Family Hospital, but officials would not confirm that her leg was broken. She was arrested after the incident, and said she sat in Sparks Municipal Court for five hours before she was released with a verbal warning. Nugget spokesman Parley Johnson said he's not sure what happened to Furnice. "There was a lot of shoving and pushing going on," he said "If it did happen, I'm very sorry about it." Gladstone said he doubted she broke her leg. He said he and his staff held arraignments until midnight Sunday and were far more inconvenienced than Furnice or anyone else arrested.
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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.