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Strona główna / Albumy / Tagi Jennifer Keelan
+ Diane Coleman 6
ADAPT (553)
June 12, 1990 - Guardian. 5 Disabled 'ecstatic' as rights act clears House By DIANE COLEMAN The Americans with Disabilities Act, considered by many to be the most sweeping civil rights legislation since the 1964 Civil Rights Act, easily cleared the House of Representatives May 22. It is expected to reach the president‘s desk by July 4. The act prohibits discrimination based on disability in public accommodations, employment, transportation and telecommunications. It is intended to address "rampant, daily discrimination in every sphere of American life,“ Rep. Pat Schroeder, D-Colo., told her colleagues on the House floor. “Mentally retarded persons are kept out of restaurants. Persons with cerebral palsy are turned away from theaters. . . . Employers cite fears of hiring disabled persons because their customers will feel uncomfortable or even repulsed,” Schroeder added. Despite strong opposition from private business and transportation lobbies, chief among them the National Federation of Independent Businesses and Greyhound Lines, Inc. , the Americans With Disabilities Act achieved bipartisan support in both houses of Congress. The House vote was 403-29. Under pressure from the NFIB and the National Restaurant Association, the House version of the bill was amended at the last minute to allow employers to remove people with HIV infection from food handling positions. Sponsored by Rep. Jim Chapman, the amendment passed narrowly, although the Texas Democrat conceded there is no “evidence that‘AIDS can be transferred in the process of handling food.” Tom Sheridan of AIDS Action, representing 500 community-based service organizations, predicted that the Chapman amendment would go down to defeat in the House-Senate conference committee. “It’s a horrible amendment for all people with disabilities because . . . it begins to codify the fact that irrational fear is protected by the law,” he said. Nonetheless at press time Senate conferees had agreed to include the restrictions. “Cheers and tears” filled the House gallery at the moment of the ADA's long-awaited passage, according to Tennessee disabled activist Michael Gibson, “but we all know that the bill is only a first step. Several agencies will be writing key regulations which offer innumerable opportunities to weaken the effect of this legislation,” Gibson said. SOME DELAYS, FEW LOSSES While many activists feared the House would water down the Senate version of the bill, Marilyn Golden of the Disability Rights Education and Defense Fund said that the ADA “has not been weakened anywhere near the extent that much legislation is. " According to Golden, who has worked intensively for the bill's passage over the last two years, various timetables and phase-in provisions were adopted to avoid other forms of compromise. The ADA’s protections against employment discrimination, which parallel those applied to federally funded entities since 1973, do not go into effect for two years. Prohibitions against discrimination in public accommodations, such as theaters and restaurants, will require accessibility in facilities “construct[ed] . . . for first occupancy no later than 30 months after the date of enactment." Telephone companies will have three years to put in place a relay service for deaf people and others who depend on non-voice telecommunication. A requirement that all new public buses be lift-equipped will take effect in only 30 days. Many attribute this to seven years of non-violent civil disobedience by the American Disabled for Accessible Public Transit. Greyhound, a private carrier, was given six years to begin replacing its retired buses with accessible ones. Activists also waged a last-minute battle over employment discrimination remedies. Recently proposed legislation would add damages to the relief available to discrimination victims under Title VII of the Civil Rights Act of 1964. In the face of this, Golden said. the Bush administration tried “to renege on its agreement for parallelism” between the ADA and the 1964 act. It backed an amendment that would have kept remedies for disability-based discrimination at current levels if and when discrimination remedies are increased for other minority groups and women. The amendment was narrowly defeated just prior to the final vote on the bill itself. Overall, Golden said. “We're ecstatic." The ADA “will hopefully begin to convey to the American public. left, center and right (because in some ways I don't think the consciousness of the left is any better), that disability is not a personal issue, that there’s a systematic oppression of people with disabilities. . . . Even Congress has faced the fact of the systematic discrimination. " PHOTO (by Tom Olin): A closer view of a mass of marchers coming around a huge tree on a broad sidewalk leading up to the Capitol. Stephanie Thomas, Frank Lozano, Jennifer Keelan and others lead the march which is 12 across in some places and scattered in others. The ADAPT flag (an American Flag with the stars arranged in the wheelchair symbol instead of in rows) flies over the crowd from a few rows back. Some people are in suits and ties, some in T-shirts. Some are in wheelchairs, some carry cameras; children to older folks are in the mix. Caption reads: Seven years of nonviolent civil disobedience by the American Disabled for Accessible Public Transit has been credited for the requirement that all new buses be lift-equipped. Above, ADAPT march on U.S. Capitol.
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WHEN IS TOO MUCH: "Helping" the Disabled by Mary McKnew Just as airplane pilots want assurance that a plane's steering wheel won‘t come off while flying over Europe, people utilizing a bus wheelchair lift deserve to expect that the lift will operate in a safe and predictable manner. However, I have to admit that too much focus on “safety” issues has me a little worried. To some transit officials, “safety” issues in providing transportation services for people with disabilities raise old stereotypes of helplessness and can quickly become a rationale for imposing paternalistic policies. For example, here in Olympia, the local Intercity Transit Authority and the state's Department of General Administration are co-sponsoring a shuttle service between the capitol and downtown Olympia with routes passing other major states offices. With the local parking problem, this system is extremely convenient. From the beginning, all vans used in the service have been equipped with wheelchair lifts. All this, of course, is very commendable. So, what's the problem? Unfortunately, the van's tie-down system, lack of grab-bars and driver policies reflect a paternalistic attitude towards disabled passengers by promoting dependence in the name of safety. The tie-down system is one of the most primitive I have ever encountered. It uses straps to bind each of a wheelchair's four wheels to the floor in a rather intricate system that takes the driver approximately five minutes to accomplish. To tie-down a wheelchair, the driver must get on his or her hands and knees. Thus, it is not possible for even very mobile wheelchair users to accomplish this independently. However, once the straps are in place, none of the wheels will move even a centimeter. During this five minute routine, other van passengers wait outside (some glancing at their watches) until the driver folds the lift back in place and allows them to board. After being strapped down, the driver then will place a seat-belt around the wheelchair user. Seat belts are not available for other passengers. If the wheelchair user decides to reject use of a seat belt, the driver will attempt (sometimes loud) persuasion, finally telephoning into the office to report that the passenger has refused use of the belt. I use a wheelchair for mobility due to a low and incomplete spinal cord injury. I object to many of the features in the Intercity Transit system that, to me, are designed on the premise that people with disabilities will always need a lot of assistance from the driver. Although the driver should be trained and willing to provide assistance if it is requested, the system should be designed to promote maximum independence. Most tie-down systems can be easily manipulated by most wheelchair uses with finger movement. Although some wheelchair users need a seat belt due to problems with balance, drivers should not assume they are needed by all such passengers. A policy that requires a driver to phone in to report a passenger's rejection of the seat belt is founded on the belief that people with disabilities are incapable of making sound decisions regarding their own safety. Additionally, although grab-bars are located along the ceiling walls of other seats, none are available near the tie-down area. Thus, if the bus lurches while enroute, a wheelchair passenger has nothing to hold onto. I suppose this makes it more likely a wheelchair passenger will comply with the seat belt policy, recognizing that a passive restraint is better than none at all. Intercity Transit has been providing paratranslt services to people with disabilities for a number of years. They have moved into the provision of mainline transportation services (i.e., access to the regular bus service) only recently. It appears that they have simply shifted their operating policies and procedures from one system to the other without considering if these are applicable to the new service. I have brought my objections to Intercity Transit’s attention. Although the staff disagree with most, they are reconsidering others. Safety is a concern to people who use wheelchair lifts. However, we cannot allow it to become a convenient rationale for either eliminating the service or instituting restrictive policies that treat people with disabilities in a disparate manner from other passengers. PHOTO (by Tom Olin): A large crowd marches downhill on a wide street. In the front row a little girl in a wheelchair (Jennifer Keelan) is pushed by her mother (Cindy). Beside them a woman in a motorized wheelchair (Diane Coleman) and a long skirt and white jacket has a sign behind her reading "we the people." Beside her a man in a manual wheelchair (Bob Kafka) with a big salt and pepper beard rolls along. In the row behind, between Bob and Diane, is a woman in a wheelchair (Mary McKnew) and a man who walks (Lannie Schuman) are visible and next to them another man marches behind Diane. Behind Jennifer and Cindy is Tari Susan Hartman. Rows of marchers go further and further back up the street to the top of the hill and presumably beyond. Caption reads: Just to the right at the placard Washington residents Lannie Schuman and Mary McKnew participate in a San Francisco demonstration for transportation rights. ABOUT THE AUTHOR... In 1987, Mary McKnew tried to get arrested for the first time. She sat in front of a San Francisco police van and refused to move. She sat in her wheelchair directly under the wheels of a bus and refused to move. "I did many illegal things." she says wryly. What she did, she did in the name of accessible public transportation for people with disabilities... a personal and political quest McKnew has been following for the past 12 years. Although McKnew wasn't arrested at that demonstration (in spite of her civil disobedience efforts), many others were. More than 500 people organized by the American Disabled tor Accessible Public Transportation (ADAPT) marched through the streets oi San Francisco to the city hall to protest the continuing discriminatory policies supported by the American Public Transit Association (APTA). ADAPT has been a persistent thorn in the side of APTA for many years. Fortunately, their persistence paid off. With the final signing of the Americans With Disabilities Act (ADA) expected any day, ADAPT—- and McKnew — will see many of their demands for fair, accessible transportation become reality. But McKnew says that just because you pass laws doesn't mean you quit being an activist. "The ADA will bring private transit companies under regulations just like public ones," she says, "but just passing a law doesn't mean we solve the problem. implementation is a whole other thing." In part, McKnew was referring to the possibility that some private companies may reduce the seating capacity in some of their smaller vehicles in order to side-step the accessibility requirements mandated by the ADA. "What the ADA will do is provide a clear avenue for lawsuits," she says. Is McKnew planning on handling some of those lawsuits herself? It may be too early to tell. Currently an executive policy assistant in the Office of the Governor, McKnew is also a second-year law student at the University of Puget Sound. (This story continues in the original format on 571 but is included here in its entirety for ease of reading.)
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San Francisco Examiner 9/28/87 Still waiting for the bus Photo by Examiner/Kurt Rogers: A row of policemen in dark uniforms facing away from the camera make most of the photo black. At their sides you can see night sticks and their hands on their hips. Between them you can see a very young (about 6 years old) Jennifer Keelan mouth open in a loud chant and behind her, barely visible is her mother Cindy. To the right Diane Coleman is framed by two other policemen, and between them mostly hidden by the officer's legs, is Bob Kafka. Caption reads: A contingent of disabled and elderly protesters roll up Post Street in S.F. after holding Union Square rally. Headline: Disabled protest transit group’s policies By Ken O'Toole of the Examiner staff Disabled people from across the nation took to the streets of San Francisco Sunday to demand better access to public transportation, rolling through downtown streets in a wheelchair caravan that stretched from Union Square to the downtown Hilton Hotel. Chanting, “We want access” and "We will ride," the crowd of several hundred disabled and their supporters rolled with police escorts to the hotel, where the annual meeting of the American Public Transit Association was taking place. The protesters were halted at the hotel's doors by a line of police, and after a brief rally moved on to City Hall, where they confronted transit association members going to a cocktail party. Police arrested 20 people, including 16 in wheelchairs, for blocking the sidewalk and failing to disperse. They were cited and released. One demonstrator. who was not wheelchair-bound, was booked for felony assault after he kicked a police officer in the chest. Police estimated that there were 500 demonstrators. The march, spirited but orderly, did not seriously disrupt traffic as scores of wheelchair-bound protesters voiced their displeasure with the associations policies and called for restoration of a national transit policy that would require wheelchair lifts on all public buses and trolleys. Both protesters and officials of the Municipal Railway noted the irony of the demonstration taking place in a city that has one of the best disabled-accessibility programs in the United States. California and Michigan are the only states that require all new buses to have wheelchair lifts. However, outside California, most disabled people are "segregated from public transit, and are often regulated to lengthy waiting lists for door-to-door van service" or no service at all, said a spokeswoman for the September Alliance for Accessible Transit. The group, in conjunction with American Disabled for Accessible Public Transit, plans more demonstrations as the transit association meets here through Thursday. Transit association Executive Vice President Jack Gilstrap said, “it's not a disagreement over whether we serve the disabled; it's how its to be done. Our position, and we're consistent with federal law and the courts, is for each community to decide how the service (to the handicapped) should be supplied." He said that lifts can cost $10,000 to $15,000 and that individual communities should be able to decide whether the money might be better spent on other transit woes. "lt's a very emotional issue," Gilstrap said, "but (public-transit agencies) have short resources. You're doing a good job here in the Bay Area, but with an extraordinary level of taxes." Muni spokeswoman Annette Wire said a total of 280 buses In the system have lifts, and 16 Muni lines are totally accessible to the handicapped. At a Union Square rally before the march, Lt. Gov. Leo McCarthy called for full access to public transportation. Saying laws that guarantee rights to all people have been undermined, McCarthy said disabled people have a right to access to school and work through public transportation. "Transportation means independence," McCarthy said, “and independence means opportunity." The Rev. Cecil Williams of Glide Memorial Church called on the disabled to take America to a new task... You may be called to set what's wrong right." A wheelchair-bound San Franciscan named Gill rolled into the crowd of demonstrators at Union Square and said he liked what he saw. But he said, “San Francisco is moving in the right direction. I travel sometimes miles a day (in the electric wheelchair) and I usually don‘! have any problems. except with the occasional inexperienced bus driver." Joe Carley, of Dallas, Texas, said since he was restricted to a wheelchair several years ago, at age 38, I realized: ‘This can happen to at anybody. Transportation is the A-Number 1 concern for anyone who's disabled. Federal and state governments don't really see transportation as a right. We want to live, not just survive." Photo by Examiner/Kurt Rogers: A really large group of people, many in wheelchairs head down a street. Caption reads: Demonstrators protest American Public Transit Association's policies on disabled accessibility.
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The front of the march with the rest of the marchers in the background and tall city buildings in the background. Across the front row young Jennifer Keelan is being pushed in her chair by her mother Cindy. Next to her is Bob Kafka in his manual chair and with his no steps ADAPT logo T-shirt and a piece of blue duct tape on his knee. Beside him is Diane Coleman in her motorized wheelchair and with red tape on her knee. Over her head you can partially see a sign reading "We the People..." Beside the sign Julie Farrar's face is visible and behind Bob you can see Justin Dart. Behind Jennifer and Cindy a motorcycle policeman is visible.
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A screen full of people marching. Many are wearing the green ADAPT t-shirt with the old no step logo. In the center Diane Coleman in her motorized wheelchair is carrying a giant white poster behind her that reads "We the people..." over her head. Beside her Cindy Keelan pushes her daughter Jennifer's wheelchair. Diane looks very determined.
US_Capitol_Rotunda_part_2_cap
This is part 2 of the ADAPT Capitol Rotunda protest in support of the Americans with Disabilities Act, ADA. This shows the group preparing for civil disobedience to pressure swift passage of the bill. Over 100 people were arrested at this protest, which gets less attention than the Crawl but was equally intense. The film is open captioned (as are all videos on this museum site).