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Startseite / Alben / Schlagwort lawsuit 21
- ADAPT (95)
Rocky Mountain News, Fri., Sept. 2, 1977, Denver, Colo p.6 [Headline] Handicapped seek ruling on RTD service By CLAIRE COOPER News Staff Wheelchair-bound witnesses Thursday urged a federal judge to order the Regional Transportation District to equip new buses with devices to facilitate transportation of the disabled. RTD has 231 buses on order. Only 18 of them will be outfitted for passengers in wheelchairs. Handicapped and elderly plaintiffs have filed a lawsuit in Denver U.S. District Court claiming RTD will discriminate against them if it fails to provide them with suitable bus transportation. The plaintiffs have asked that the buses be equipped with boarding ramps or hydraulic lifts and with interior devices to hold wheelchairs in place. During the hearing before Judge Richard P. Matsch, an arthritic youth complained that he faces “social isolation“ because of lack of transportation. ROBERT CONRAD SAID. “lf l don‘t get out, l’ll go crazy. I don't like looking at four walls." Conrad said it’s often impossible for him to board regular buses because oi‘ the pain in his legs. When he can do it, he said, he suffers embarrassment because it takes him three minutes to negotiate the steps. Other witnesses also complained about the social and psychological consequences of being unable to use the public transportation system. Glenn Kopp said he feels like “a second-class citizen.” Kopp is co-director of Atlantis Community Inc., an organization of disabled persons. His job is to help the handicapped become self-sufficient. But for Kopp to go to work, he said, "I have to depend on somebody to pick me up.” Carolyn Finnell said, “I just don't like using people as tools" for transportation. Marilyn Weaver said the lack of transportation isolates her from" her friends and her parents. "They do come to see me, but it would be nice sometime to go home," she said. Ms. Weaver and others testified that economic burdens are forced on them by the necessity of hiring private transportation. Ms. Weaver said she spends about $120 a month, one-fifth of her income, for “ambocabs," a private taxi service for passengers in wheelchairs. Ambocab charges $18 for a round trip, Kopp said. Ms. Weaver claimed the high cost deters all but essential use. “I should be getting therapy more than I do,“ said the 38-year-old polio victim, adding that her financial situation determines whether she can afford transportation to her therapist. SEVERAL WITNESSES said confinement to their neighborhoods means they have to pay more for groceries and other necessities. Kopp said he doesn’t like to ask friends to take him shopping because it takes along time him to go through the stores. The witnesses said RTD’s HandiRide service for the disabled isn't a good solution to their transportation problems because it makes only scheduled stops at medical facilities, schools and places of employment. Ms. Weaver, who works at Atlantis, said she takes the HandiRide to work because she starts at a set time. But she has no set quitting time, so she can't take it home. According to the complaint, HandiRide serves fewer than 150 persons. The complaint says about 17,600 persons in the Denver-Boulder area are being denied public transportation because of "unnecessary physical and structural barriers in the design of transit buses." Lawyers representing RTD have not presented defense testimony. The hearing continues Friday. - ADAPT (94)
Rocky Mountain News Wed., Dec. 9,1981, Denver, Colo. [Headline] Handicapped set back in battle for lifts on buses The Operations Committee of the Regional Transportation District’s board of directors voted 4-0 Tuesday to stick by an earlier proposal that RTD buy 89 articulated buses scheduled for delivery in 1983 without wheelchair lifts. Its action seriously diminishes the chances that the board will reverse its decision of Nov. 19 to delete the lifts from the articulated buses. But RTD Executive Director L.A. Kimball and three board members agreed to ask the board to reconsider the action after members of the Atlantis Community for the disabled staged a sit-in at RTD headquarters on the day of the earlier vote to protest the decision. The board held a three-hour special meeting on Dec. 1 to hear appeals from the handicapped to put wheelchair lifts on the buses. Atlantis spokesman Wade Blank said members of his organization have been discussing the issue with individual board members and plan to meet with Kimball next week. Blank said he expects to fall short of the 11 votes needed for the board to reverse its position when the issue comes up at the board’s regular meeting on Dec. 17. Blank renewed Atlantis’ threat to file a lawsuit challenging the decision not to buy the lifts and said Atlantis will resume demonstrating against RTD. Atlantis filed a lawsuit in federal court and staged a series of demonstrations aimed at RTD a few years ago after RTD bought nearly 200 AM General buses without wheelchair lifts. U.S. District Judge Richard Matsch ruled against Atlantis in that case, but the case was on appeal when Atlantis and RTD in 1979 negotiated a settlement under which RTD agreed to make half of its peak-hour fleet accessible to the handicapped. The settlement was reached after the federal Department of Transportation issued regulations requiring that all new buses bought with federal funds be equipped with wheelchair lifts and that half of all buses used for peak-hour service be accessible to the handicapped. Those regulations were rescinded by the department in July. RTD officials ordered the articulated buses with lifts in March, while the regulations requiring lifts on new buses were still in effect. Buying the buses without lifts will save $1.1 million, 80 percent of RTD’s federal funds, RTD officials said. - ADAPT (744)
The Disability Rag July/August, 1992 [This article continues on ADAPT 738, 733,728, 724, 748, 743 and finally 737; however the entire text is included here for easier reading. ] Photo by Tom Olin: A policeman holds a wooden barricade while another tries to pull a protester who is lying on the ground by his pants legs backward and out from under the barricade. The protester is holding onto something above his head. On one side a third policeman seems to be coming over and on the other side a man (Frank Lozano) and his guide dog (Frazier) are coming over. Title: On the barricades With ADAPT by Mary Johnson photos by Tom Olin “I am tired of rules and regulations. And them telling me what you have to do. None of them has worked for me as good as being at home. In nursing homes, they put you on sleeping pills to keep you from getting aggravated with what will occur. “You can’t pay —— you don’t have any money to pay an attendant at night, when you’re on SSI. All of these things they’re constantly cutting. I haven’t been in a nursing home for 15 years — and I don’t plan to go.” It's Saturday night in Chicago. Nearly 300 ADAPT members have gathered in a meeting room in Chicago’s Bismarck hotel, getting ready for the group’s May 1992 assault on the Windy City. People are telling their stories. Many are there because there was a nursing home in their past — or they don’t want one in their future. The next day the group will swoop down on the University of Chicago's commencement exercises. U.S. Department of Health and Human Services Secretary Louis Sullivan is speaking, and some in the group can't believe their late-breaking good fortune at getting another shot at hassling the Secretary who has steadfastly refused to meet with them to discuss redirecting Medicaid funds to in-home attendant services. A planned Mother's Day March to a graveyard — to symbolize how this nation kills its mothers in nursing homes — is cancelled. “I was never for that dead stuff anyway," ADAPT organizer Mike Auberger says. The week's events are debated. Somebody wants to know why they see police taking photos of them whenever there's an ADAPT action. There's an attorney available for people who get arrested, the group is told; they‘re given his name, as well as ADAPT organizers to contact if they get arrested. “I’m telling you — and it’s the most important thing I'm gonna say." Auberger warns the group. “have your medications with you if you're going to get arrested. Have ‘em labelled. No pill boxes; bottles. Make sure it has your name on it — nobody else's. Make sure there’s no illegal substances on you; no weapons. ‘Cos this is going to follow us down the road.” As it turned out, Chicago was mild compared to Orlando's confrontations last fall, in which nearly all ADAPT activists were thrown in jail — some in solitary confinement — for the week. In Chicago, only 10 people would be cited and fined in Monday’s confrontation at the HHS regional offices in downtown Chicago, and only 4 police-tagged “leaders” arrested the next day at American Medical Association headquarters; all were released at day’s end. Perhaps the national outrage in the wake of the Rodney King beating acquittal in Los Angeles a few weeks before had made Chicago police, considered to be some of the most brutal, cautious. The University of Chicago graduation turns out to be a beautiful Chicago spring day. Police and Secret Service are allowing ADAPT members into the auditorium without any hassle. Later, though, Jim Parker is asked to leave. He protests loudly as police haul him out a side door: “Why am l the only one being asked to leave?” About that time Tim Carver of Tennessee simply rolls off into the men's room, unnoticed, to wait out the sweep. Several ADAPT members unfurl a large FREE OUR PEOPLE banner over the wall below their seats, off in the “handicapped section" where the Secret Service have relegated them. Big burly Secret Service men with their walkie-talkies run over quickly and reach down to pull it up. Bob Kafka and Allen Haines are as determined that they won’t succeed. A kind of arm wrestling match ensues with Kafka and Haines holding firmly to the banner to keep it hanging over the wall where it forms a backdrop to the stage area where Sullivan will be speaking. The Secret Service have the advantage of leverage; they’re taller. One especially burly guy finally wrests the pole with its banner away from them and with a contemptuous jerk, flings it high into the bleachers behind them. “Clear ‘em out," mutters an all-business police captain. Four cops to a chair seems to be the agreed-on method of removal. Paulette Patterson of Chicago is removed this way. Over on the side, Anita Cameron and Jim Parker, back in and out of his wheelchair, and Frank Lozano, minus dog Frazier, are scooting down the steps on a side tier, trying to make it down to where Sullivan will speak, but they're caught and removed, too. “Get as close to the doors as possible,” says Bob Kafka to the other activists who have now been ejected from the back of the building. With police blocking doors. clots of ADAPT move to every entrance. Well, almost every one. Jean Stewart and Eleanor Smith use Stewart's crutches to pound on the metal doors, trying to create a disturbance inside, as the graduation ceremonies begin. Inside, though, the noise is barely audible. Nancy Moulton of Atlanta is sitting quietly on the ground, leaning on a door, with her guide dog Nan beside her. “Get up,” say a blue shirted Chicago cop. Moulton doesn‘t move. Nan rests her head on Moulton’s leg and rolls her eyes up at the cop towering over them. Now there are 4 Chicago cops and one guy who must be from the Secret Service hanging over Moulton and her dog. “If you don't move, we’ll have to grab you. and the dog will attack,” the cop persists. Still Moulton sits. “If you’re concerned about the dog, move!” the cop barks. Moulton gets up, worried that the cops will hurt Nan. While some block doors, others pass out leaflets to latecomers. The chants of “hey hey, ho. ho, nursing homes have got to go!" change to “We want Sullivan!" The police have barricaded the exit with blue sawhorses that read “police line." A pickup truck from the University's facilities management is unloading yellow university police barricades. A lady inside the back of the auditorium, hearing the faint chanting coming from outside, mutters, “they're not making friends." She‘s with the university. The University of Chicago is so large that commencement is held in two shifts; a morning one and an afternoon one. Sullivan has finished speaking and the crowd is emerging from the pavilion. They walk down the long fence of police barricades, while ADAPT chants and hands them leaflets: “Wanted: Sullivan. For crimes against disabled people." Inset picture: Beefy policeman with his cap down over his nose leaning forward. Caption: “If you care about your dog, move!” Article continues: It's lunch. ADAPT always feeds its activists. Today it‘s Burger King. Attendants and other walkies pass out cokes and burgers. Nan, Moulton’s dog, gets some much welcomed ice cubes from the big bag under the tree, put into the little folding plastic water bowl Moulton carries with her. A new crowd is coming to the arena. They, too, get leaflets and chants. Tim Craven has been ejected when police found him inside, but not before he and the other two who had hidden themselves in the press box get off a few good chants in Sullivan’s direction. A reporter for Habilitation, a disability magazine out of Seattle, has marched up to Sullivan, she reports, and asked him the questions ADAPT has so long wanted to ask him. To every single question, she says, he has responded, “It's a very nice day." Most of the students don‘t want to talk to a reporter. They have no comment. Some think that it‘s wrong of ADAPT to spoil their special day. Others think the group has a right to make itself heard — just not here, not now. One woman who has read the flyers says that "they don‘t want to be prisoners in nursing homes." A man, who hasn‘t read one, says he doesn’t know what they're protesting about but he thinks they have a right to do it. His daughter is graduating today —— with a degree in special education. Each ADAPT contingent blocking an entrance has its contingent of cops. The two `groups` joke with each other and pass the time in small talk. It's a lot like a chess game, says Haines; this trying to puzzle out where Sullivan‘s going to exit. Just about the time it occurs to several of the organizers who have been trying to psych out from which exit Sullivan will be spirited away that the one exit that has no guards on it is the parking lot entrance, a police car comes screaming down the street, makes an abrupt U-turn, and, at that moment, Sullivan's car, driven by Secret Service, shoots out of the entrance. Several ADAPT wheelers are on his tail in a flash, but it's too late. Sullivan again escapes— but the point, say the activists, has been well made to the over 10,000 people who have attended. Thousands of flyers have been passed out. PHOTO by Tom Olin: Inside a cavernous arena filled with people, two plain clothes police or Secret Service men have an ADAPT person (Bob Kafka) by the arms and are trying to lift him. He is sitting on the steps of an aisle leaning forward. To their right a young man in a button up shirt and jeans, a graduate, looks down at them. Caption reads: Getting to see Sullivan. Not. ADAPT makes no effort to block the streets surrounding the Pavilion. Monday‘s a different story. By 11am, both State and Adams Streets are blocked. Downtown Chicago is taking the flyers as fast as they’re being passed out. Many of them are surprisingly in agreement with ADAPT’s call for 25% of the current Medicaid money to be redirected to in-home services. One businessman engages Bob Kafka in a long and intense discussion over the merits of attendant services. He has buddies who were in Viemam, he says, and want the same thing Kafka does. He gives Kafka his card. Many other people are giving ADAPT members their cards, too; they are interested in the issue. Nobody, they say, has brought it up before. Certainly not the Chicago Tribune, which, instead of covering the baccalaureate brouhaha, runs a feature story on a college camp-out. “What I‘m looking for is a reasonable atmosphere to address the issues." Delilah Brummet Flaum, HHS’s Region V Director, would have to shout to make herself heard over downtown Chicago traffic and hundreds of milling demonstrators. And she‘s not shouting. She has come down, along with Chester Stroyny. Regional Director of the HealthCare Financing Administration and HCFA official David DuPre. in response to ADAPT demands. They want to meet with “officials”; they’ve blockaded the Region V HHS headquarters and aren‘t letting anyone in or out — unless they're willing to climb and crawl over protesters. About 20 activists have gotten all the way up to the HHS offices on the 15th floor, and have a bunch of police in there with them. It’s lunchtime by the time Flaum, Stroyny and DuPre are trotted out to Karen Tamley, Bob Kafka and Teresa Monroe and the others in the middle of Adams Street. ADAPT wants them to call Sullivan, to make him come back to Chicago and meet with them. Flaum can’t do that. “I am willing to do anything else you want us to do. to do try to get this resolved,” she’s saying. But she wants the group to be "more reasonable." She tells Tamley that she is “well aware" of ADAPT’s concerns, and that “the Bush Administration is working on non-institutional care options." Anna Stonum asks more questions. People in the crowd are starting to yell that they can’t hear. Flaum is telling Kafka that “shutting down a building“ is not the way to get a meeting with Sullivan. Kafka responds that they‘ve sent at least four letters to Sullivan and he's never responded to a single one. “You know as well as I do that the Secretary sets the tone for the discussion,“ Kafka lectures her. Kafka and DuPre engage in a debate about facts and figures. They can't trip Kafka up; he seems to know as much if not more about the issue than these folks do. At times the officials even seem to agree with him. Not, however, when he charges that “nothing the Secretary has said or done" changes anything “because he's in the pocket of the nursing home industry." “We disagree with that," say all three officials simultaneously. “We do favor the de-institutionalization model." “The damn Secretary has not said one thing — ever - has not even said the word ‘attendant services’ publicly," Kafka yells, and swears that ADAPT will continue to hold the building. “This is not being positive," says Flaum. “These are peoples' lives you’re talking about.” Kafka retorts. Photo Inset: The head of Bob Kafka, looking very intense, below the words "The damn Secretary has never even said the word 'attendant services' publicly." Article continues: “You don’t know what it’s like,” Monroe shouts at the officials when Kafka's done. “I want to talk to Sullivan. You get him here. He has no idea. Don't tell me Sullivan knows.” Monroe’s point, which she makes to Flaum, is that the money should go directly to the disabled person “because no person knows better what they need than the disabled person. Let us have our dignity.” She argues with Stroyny over nursing home inspections. Mark Johnson accuses Sullivan of “being in the pocket of the nursing homes.“ And meetings like this, he charges, aren’t worth a thing “unless there’s a commitment." The group, hearing Johnson, takes the cue: “We want a commitment!" One of the workers in the HHS office has come out for lunch and now finds she cannot get back in over the demonstrators. Still, she thinks what they're doing is “positive.” She’s a volunteer in a nursing home herself, she says, “And I know they’re the pits. People who don't frequent them don't know. These people who are walking around here” — she gestures to lunch-hour Chicagoans moving up and down the street-- “they could become victims of nursing homes, too. I look at these people here" —— and now she means ADAPT — “and I know I wouldn’t want to be jailed up in a nursing home." But then, she believes in protesting, she says. “I think protests are fine. I'm in tune with them. I was with Martin Luther King back in the 60s." she says. “I was in jail with Dr. King. I was 14 years old. That was just what you did; you went to jail. Some of our young people don't understand. “This is how to explain it,” she continues, warming to her subject. “These people want to get heard. We couldn’t get heard in Birmingham, either. That‘s why we marched on Washington." She won’t identify herself, though, but will only say she’s a spectator. But she works upstairs in the HHS office, she says. “And they got time to listen to that TV stuff — people come in talking about that, they make a big deal about the stuff they see on TV. And they got these people out here and they don‘t want to pay attention. When I was upstairs, they were callin’ ‘em ‘beasts’ and “vultures.” It is a measure of the erosion of belief in the system that has become the trademark of ADAPT that, when an EMS ambulance pulls up to the door and the word goes out that police are bringing down a man who’s had a heart attack, the thought passes among the group that this is yet another ploy. They think the stretcher rolled into the lobby and up on the elevator may be a ruse to make them move away from the door, which they nonetheless do, not wanting it to be said that they cared not for another disabled person who might be in danger. And when the man is brought down on the stretcher, there is more speculation: wasn’t he one of the officials out here earlier? Did the confrontation and excitement give him a heart attack? Is he faking? Is it really a medical emergency, or just :1 move to get someone out of the building who has an important meeting to attend and doesn't want it stopped by cripples? No one remembers the man in the stretcher more than a few minutes after the ambulance pulls away, lights rotating, into the Chicago traffic. Jane Garza from El Hogar del Nino is with the protesters. blocking a door by leaning against it. She’s part of the protest. she says: disabled herself, though she knows she doesn’t look it. She works in early childhood education. Some of the signs protesters are carrying were made by the children at her center, she says. “It's a way to bring them into it," she points out. The parents of the disabled kids at the center “are all reasonable people,” she says. “So they understand my being at an activity like this." If she gets arrested, she says, she has an understanding with her agency: they will bail her out. She’s been arrested with ADAPT before. she says; that was in Montreal. She’s been with ADAPT protests in Washington — the one to get the ADA passed; and one in St. Louis. “No one wants to see their child in a nursing home. People can really relate to that." She says the group at her door has been talking to passersby all day about the issue. “I was on the verge of going into a nursing home myself, back in ’82.” says this woman who doesn’t look disabled. When she had her aneurism and was in rehabilitation, she says, the Illinois Department of Rehabilitation Services gave her money with which she was able to pay two people — one for the morning, and one for the evening. “I just needed help getting up and then getting to bed. I was so weak. I just needed minimal assistance, somebody there to help me get dressed. But without that program. they would have put me in a nursing home.” Illinois Gov. Jim Edgar’s budget cuts have forced the Department of Rehabilitation Services to extend a freeze on intakes in that program through the end of 1993. and Edgar, Chicago ADAPT charges, is trying to eliminate a yearly cost-of-living adjustment for attendants. "After I got stronger, I was able to manage on my own. But look at how many people are in my shoes!” she says. “I worked; I had money. I was a social worker back then: one who had to apply for public aid just so I could get assistance." Insert picture: A person (possibly Lonnie Smith) with his head to one side and below the words “We want them to see what it’s like for us.” Article continues... The philosophy and tactic of doorblocking: Let people go in and out, if they’re willing to climb over you and your chair to do it. Arrest is not the objective here; inconveniencing people is. “We want them to see what it's like for us.” says one who has engaged in many door blockings. Photo by Tom Olin: A policeman stands in the middle of the street legs braced in a wide stance and arms streched out. He is holding a man with a cane (Gary Bosworth) with one hand and with the other hand and foot trying to hold back a man (Bob Kafka) in a manual wheelchair who is bent forward pushing. Other police officers are standing in the street, a supervisor is watching, as is a TV cameraman. Other protesters are partially visible at the edges of the scene. Chicago police have a black and white checkered band around their hats that is very distinctive. Article continues- Tuesday morning's Chicago Tribune, instead of covering ADAPT's HHS confrontation. reports on stepped-up security measures at the downtown State of Illinois building where. the Tribune reports, in error, ADAPT was "supposed" to be demonstrating Monday. ADAPT, it says, changed its mind. In fact, ADAPT planned to hit state offices on Wednesday. Speculation abounds as to who fed the paper the false information, the effect of which is to make ADAPT look disorganized. It later becomes apparent that state officials have had a hand in it. There is nothing in the Tribune about the people who stopped along State Street and asked questions, about Flaum, about any of it. The Sun-Times carries a photo inside. At the comer of State and Grant, a baby-blue police wrecker, the same blue as the cars, as the barricades, has blocked a curb ramp. ADAPT has blocked four intersections adjacent to the American Medical Association. Wheelchairs are stretched across 16 streets. At the intersection of Wabash and Grand, in the back, Paulette Patterson is hassling the policemen, mouthing off and chasing them with her motorized chair. It seems she is trying to get arrested. The police are being friendly enough. It won't be until noon that things will get rough. The cops will barricade the main entrances to the glass-walled fortress: many ADAPT members will take that as their cue to launch themselves out of their wheelchairs onto the high-curbed stoop around the building, crawling up to bang and hammer on the wooden barricades. A few find satisfaction in pounding on the glass walls. This will happen, though, only after the confrontation — the confrontation that resulted in Jerry Eubanks of Chicago being dropped from his wheelchair: picked up by his neck, it seems to other protesters, who holler for an “Ambulance! Now!”; the confrontation that causes Patterson to roll from her wheelchair and shriek at the top of her lungs, kicking her legs wildly as police try to pick her up. The police back off; when they come at her again, her screams again drive them back. Finally, Patterson is left alone, and, once more in her wheelchair, rolls off to the side, where she admits slyly and with her trademark smile that she enjoys discomfiting police. “They don't wanna mess with me," she says proudly. Suddenly they are all there again, surging at the entrance, trying to get up the high curb. Stephanie Thomas and Diane Coleman and others are wedging themselves in next to the Chicago Transit Authority paratransit vehicles that are a sure sign of arrests: it's the only way police can haul off a wheelchair to the hoosegow. Allen Leegant is diving under a barricade trying to get up to the entrance. Chris Hronis and Arthur Campbell are trying to follow; they are caught by police. Campbell is carried, spread-eagle, by four cops, directly to a CT A van. Cameras are everywhere; TV crews have materialized out of nowhere. Campbell has been arrested. Mike Auberger has been arrested. Campbell and Auberger are each put into his own van. The police have their eye on Mike Ervin. When you catch a snatch of cop-to-cop talk, you learn they're trying to pick off those they figure to be the leaders. “What the cops never understand is why the demonstration continues after they’ve hauled off the folks they think are leaders," says someone who is blocking a street. “They can’t figure out that arresting leaders doesn’t work; that as soon as they arrest someone, somebody else just moves in." Susan Nussbaum, blocking a side door, answers questions about whether the movement will ever see violence. “There’s always the potential for violence," she is saying. “But it would be good if that could be understood in the context of a larger issue. “I am not in favor of getting my head beaten in." At 3:15 the building starts to empty out. ADAPT has managed to block all the exits, so AMA workers and officials alike are subjected to a gauntlet of taunts as they trot, under tight police protection, down the ramp to the alley and across to the parking garage. The taunts seem mostly to be of the “AMA Shame On You” variety. When ADAPT members arrived at AMA headquarters in the morning, they found tables set up with water coolers and cups of refreshing water awaiting them. Later, the AMA‘s Department of Geriatric Health would confirm for a reporter that the AMA had done this so the disabled people wouldn't get overheated and get sick. Many protesters were wary of the water. Some suspected it had been spiked with Valium: others thought it a ploy to get them to have to pee later on, adding to their discomfort and hopefully ending the demonstration early. Much of the water was left untouched. Water was also running through hoses into the sprinkling system of the AMA‘s lawns. This had the added effect of keeping protesters off the grassy knolls fronting the building. Shortly after ADAPT arrived, one demonstrator had parked his chair on the hose while others moved across the area to block doors. Later, the water was simply turned off. Insert picture: A head and shoulders picture of a protester chanting, with the words "AMA: Shame on you!" "People are dying shame on you!" Article continues- The AMA’s flak, Arnold Collins, was standing around with the TV and radio reporters most of the day. The AMA had issued a statement insisting it “supports the home care objectives of ADAPT." Dr. Joanne Schwartzberg, Director of the AMA's Department of Geriatric Health, said in the news release that a meeting the previous Thursday with ADAPT had been “productive” and that the two `groups` had “considerable common ground.” Campbell, who attended the meeting, had a different analysis. He said he believed Schwartzberg truly had no understanding what ADAPT wanted; that some of their ideas had been totally inconceivable to her. Schwartzberg said ADAPT was the first group she had ever met with and felt “hostility.” “It was a great shock," she said. “I always thought of myself as being a great advocate. But I wasn’t an advocate enough for them." Schwartzberg said that ADAPT didn’t understand that there were “really frail people in nursing homes — a kind of frailty that these disabled don’t have. “I was really scared that the demonstrators might get harmed, the way they throw themselves out of their chairs.” she went on. “They’re very courageous; I think they're a little reckless. Luckily, nobody’s gotten seriously hurt." “Do you think she really believes the things she says, or do you think it’s just a pose?” a filmmaker wondered. The AMA had issued “a guideline for medical management of homecare patients," she said, and they were putting on 8 seminars for doctors “in managing home care.” She knew ADAPT wanted AMA members to divest themselves of their financial interest in nursing homes and cut nursing home admissions. But the AMA couldn‘t do that, she explained patiently. “We are a voluntary body. not a regulatory body." “They couldn't understand why we couldn‘t do more." she said. The Chicago Tribune was still concerned about the State of lllinois building. Every day Tribune stories had chronicled the increasing security at the site. On Tuesday, Paulette Patterson and another disabled woman filed suit in U.S. District Court alleging denial of access due to increased security. Though a temporary restraining order was not granted, Patterson’s attorney, Matthew Cohen, said filing the suit had had the desired effect. The Tribune covered the suit. Photos by Tom Olin: 1) Two protesters (Spitfire and Jimmi Schrode) in the march raise the power fist to woman leaning out of a second floor window yelling and giving them the thumbs up. Below on the sidewalk most people are just walking by but one older man looks on. Spitfire is wearing her combat helmet. 2) A line of ADAPT protesters face a set of barricades on the other side of which are a line of policemen holding the barricades with both hands. Midway down the line of protesters, a man in a wheelchair (Danny Saenz) is turned toward the camera and another protester (Chris Hronis). 3) Close up of a man in a wheelchair (Rene Luna) who sits in front of an almost life sized portrait of IL Governor Edgar. Rene is holding a poster that reads "nursing home industry owns Edgar." Article continues- Finally, on Wednesday, ADAPT obliged the Tribune and state officials by staging a protest at the building, drawing attention to stale policies that were cutting people off from attendant services in Illinois. On Thursday. the Tribune ran a long story on ADAPT. Calling them "a group of vociferous activists savvy in street action." It quoted a miffed Chicago official who refused to be named saying that "one of the strongest points in their civil disobedience is making themselves look as pathetic as possible.“ “The group's history is rife with attention-grabbing acts of protest." said the Tribune. which compared them to ACT-UP and Earth First! protest `groups`. "Though some may question their tactics. none can doubt they have impact.“ said the Tribune. the end - ADAPT (711)
Chicago Tribune, Wednesday Chicagoland PHOTO by Tribune's Val Mazzenga: People in wheelchairs are lined up in the street along a curb, facing into a building with white square columns. People in business attire are on the sidewalk. Beth McDaniel, Sherri and Tim Craven are among those on the line. Behind them in a scooter and tiger strip cap is Walter Hart. Caption reads: Protesters from American Disabled for Attendant Programs Today gather Tuesday outside the American Medical Association headquarters, 535 N. Dearborn St. Several arrests were made. Title: Wheelchair users’ suit seeks access By Rob Karwath Two wheelchair users sued the state Tuesday, alleging that tight security measures at the State of Illinois Center have restricted disabled people’s access to the government office. The U.S. District Court suit, which seeks to be certified as a class action, was filed a day after the state rolled out an unprecedented show of force in anticipation of a raucous protest by a disabled-rights group demanding more govemment funds for home-care programs. The protesters, from American Disabled for Attendant Programs Today (ADAPT) blocked access Monday at 105 W. Adams St., which houses some federal agencies. On Tuesday, building managers ordered the evacuation of more than 1,000 workers at the American Medical Association headquarters, 535 N. Dearbom St., because of a daylong ADAPT demonstration. AMA spokesman Arnold Collins said workers in the building were told to go home, starting at 3:15 pm. The building was evacuated floor by floor, and some workers were escorted out of side doors to avoid the congregation of demonstrators in front of the building. “The building was evacuated so that there wouldn’t be a crunch,” Collins said. “And also because there are people out there who are trying to stop other people from leaving." ADAPT demonstrators had formed a circle around the building’s front door in an attempt to block it. ADAPT spokesman Tari Susan Hartman declined to say where the group would protest Wednesday. But state officials were girding for a demonstration at the 16-floor state building, 100 W. Randolph St. The lawsuit, filed by an ADAPT member and another wheelchair user who is not a group member, contends the tight security from the state Department of Central Management Services allows walking people access to the building but deprives wheelchair users of unrestricted movement. The suit seeks immediate easing of security measures. The suit’s two named plaintiffs contend they experienced difficulty getting around the building Monday, the first day that all workers and patrons had to ride an escalator to the second floor if they wanted to catch an elevator upstairs. One of the plaintiffs, ADAPT member Paulette Patterson, said she had to specially request an elevator ride to the building's basement concourse of restaurants when she wanted to meet her daughter there for breakfast Monday. Patterson also said that when she wanted to return to the first floor, she had to shout to a Central Management Services police officer on the first floor to come down and get her. "They have set up a situation where, if you are not in a wheelchair, you generally have to ask permission to go anywhere in the building," said lawyer Matthew Cohen, who filed the suit. A hearing on the suit is scheduled for Wednesday morning. State officials declined to comment on the suit, but they have said they are trying to be sensitive to the needs of all people using the building. State officials contend the extra security, which includes stationing police officers in all elevators and positioning of dozens of barricades outside, will be needed if ADAPT tries to block access to the building. But in two days of dealing with the extra security, many of the building’s 3,000 workers have accused the state of overreacting. Many also have expressed concern that all wheelchair-using workers and patrons will have to prove to police that they are not protesters before getting upstairs. On Monday, a wheelchair-using worker from the state Department of Rehabilitation Services reportedly had to show three pieces of identification before building police would let her upstairs. Also on Tuesday, Gov. Jim Edgar’s Department of Human Rights sent a memo to Edgar's office reminding the administration that it has a responsibility to keep the building open for all who want to use it. - ADAPT (710)
Chicago Sun Times, 3/13/92 TWO PHOTOS by Sun-Times photographer Al Podgorski: First photo is of a person (Eilene Spitfire Sable) in a helmet and white sweatshirt making a peace sign as she faces off with a uniformed Chicago police officer, over a police barricade. Spitfire faces away from the camera and teh officer's face is somewhat obscured by her hand and the visor on his hat. On Spitfire's back are the words "NEVER SURRENDER." Second picture is of two trim uniformed Chicago police officedrs holding on to the wheelchair and arm of a large man in a manual chair (Jerry Eubanks,) Jerry, who has no legs, is leaning to one side and has his head hanging over. His button down shirt has come mostly open and hs is grimmacing. Behind this trio, a crowd of ADAPT protesters (including Lujuina Votaw) are sitting together, guarded by more uniformed officers. Caption reads: Disabled rights activists keep police busy Tuesday at the American Medical Associatlon building. LEFT: Eileen Sabel of Phlladelphia takes a peaceful approach. RIGHT: A protester is removed after blocking a van that contained an arrested demonstrator. Disabled take home-care protest to AMA's doorstep By Larry Weintraub, Staff Writer ln a third day of protests in support of home care instead of nursing home admissions, disabled rights activists Tuesday disrupted traffic and activities at the American Medical Association headquarters at Grand and State. Four demonstrators were arrested and one was injured. Two police officers were hurt and streets around the AMA building were blocked—first by protesters in wheelchairs and later by police. The demonstrators arrived at about 11:30 a.m. and surrounded the building at 515 N. State, said police Area 6 Chief of Patrol John Walsh. About six hours later, police officers escorted a caravan of wheelchairs south on State toward the Bismarck Hotel, where the group, American Disabled for Attendant Programs Today (ADAPT), has been staying. In the interim, the activists pounded on windows, shouted slogans, blocked entrances and generally tried to shut down the building. When the AMA began sending workers home at 3:30 p.m., about 20 demonstrators dropped out of their wheelchairs and crawled to confrontational positions. One man, Michael Auberger, 38, of Denver, was charged with battering a police officer. Officials said he rammed his mechanized wheelchair into East Chicago District Patrol Officer Robert Weston, injuring Weston's leg. The injured protester, a 38-year-old man who asked that his name be withheld, was treated for bruises at Northwestern Memorial Hospital and released. The other disabled persons arrested, a man and two women, were charged with disorderly conduct. ADAPT members, about 300 from 40 cities in 25 states, are holding a national convention here. They have been protesting the amount of federal and state funds spent on housing disabled people in nursing homes, rather than on attendants whose assistance would permit them to live at home, according to one spokesman, Mark Johnson of Atlanta. Johnson said his group targeted the AMA Tuesday “because nobody can go into a nursing home without a physician's referral, so they can play a pivotal role in reforming the system." Johnson said the lack of money for in-home care forces disabled people who could get along on their own with minimal assistance “to go on public aid and to live where they don't want to live." In-home care is far cheaper than nursing home residence, he said, and 80 percent of disabled people who live in nursing homes would rather live at home. Joanne Schwartzberg, director of the AMA‘s department of geriatric health, said the association agrees that “home care is the first choice for long-term care" and the AMA has a long history of support for it. However, the organization can only suggest guidelines to its members, she said. “Most disabled persons obviously don't belong in nursing homes." said Schwartzberg, “and we offered at a meeting last Thursday to work with them toward mutual goals—increasing the amount of home care and possibly drawing model home-care legislation for states that have no such provisions." The group demonstrated Sunday at the University of Illinois at Chicago, where Health and Human Services Secretary Louis Sullivan was speaking, and Monday at 105 W. Adams. where the department has offices. ADAPT plans to move its protest to the State of Illinois Center today. Meanwhile Tuesday, two women who use wheelchairs filed a class-action federal lawsuit charging that "oppressive" security measures Monday at the State of Illinois Center denied them equal access to facilities there. An emergency hearing on the matter is scheduled for today before U.S. District Judge Milton I. Shadur. Contributing: Jim Casey, Rosalind Russi - ADAPT (708)
Chicago Defender, Thursday May 14, 1992 ADAPT shuts down Illinois center ADAPT protests budget cuts by Dobie Holland Hundreds of wheelchair-bound demonstrators shut down the State of Illinois Center after they converged on the building Wednesday to protest the impending budget cuts in the Home care program for the disabled. The shut down occurred after members of the Americans Disabled for Attendant Programs Today (ADAPT) were denied access to the governor’s 16th floor offices. The group retaliated with a blockade of escalators and elevators. Although ADAPT members faced barricades outside the center, once they had stormed inside, security police operating the elevators refused to allow most of the wheelchair-bound protesters upstairs. Mike Ervin, one of the Chicago coordinators for ADAPT, said they had no choice but to block the paths of pedestrians in the building by setting up wheelchair blockades of escalators and elevators in the center. They demanded a meeting with the governor. Gov. Jim Edgar was in Springfield but it was not clear by the Chicago Defender's press deadline if he would meet with the group. Gary Mack, a spokesman for the governor, said the State of Illinois has one the most “liberal programs" in the country for the disabled and cuts are being made “across the board” in the wake of a severe budget deficit. Mack said the program will lose $3 million — “a small amount" — a reduction from $68 million to $65 million. Mack added the governor was not responsible for denying the protesters access to the elevators. "They (security) have been trying to keep this place operating," Mack said. “But as l understand it, we are letting some people up here (on the 16th floor). One oi those people allowed up in the elevators to sit in the governor’s 16th floor lobby was Paulette Patterson. Patterson, who was not a member of the protest group, said she was denied access to the elevators on Tuesday when she came to the building to eat breakfast. Patterson, 35, of Chicago, said she has filed a discrimination suit against the state because she was not allowed free passage through the building “simply because I was in a wheelchair. “l was not with this group before,” she said. “But I am a member now." Illinois Attorney General Roland Burris, commenting on the conflict between security personnel and protesters, said during a Tuesday press conference: “My job is not to judge anybody but to make sure no one's rights have been violated." - ADAPT (628)
Edition USA/Colorado ADAPT seeks home care for all by Kerri S. Smith A national disabled persons’ advocacy organization based in Denver has launched a campaign aimed at moving people from nursing homes to home care. American Disabled for Attendant Programs Today (ADAPT) has at short-term goal: to re-direct 25 percent on the government's annual nursing home care budget. That money—estimated at $5.5 billion federal money and $5.5 billion from state coffers-would fund a national home care program instead. Under the ADAPT proposal, nursing home residents whose care is covered by Medicare or Medicaid could live at home. The government would pay home are attendants to care for them, rather than paying the facility. ADAPT spokesperson Mike Auberger said the group seeks “the ultimate demise of the nursing home system," and contends that paying an attendant to provide home care for a person usually costs less than nursing home care. In theory, the ADAPT plan would spend government money more efficiently-the same money would be used to care for more people who need assistance. The government is not enthusiastic about the idea, and a local nursing home industry spokesperson said ADAPT's demands are unrealistic. Auberger said Health and Human Services secretary Louis Sullivan declined to meet with ADAPT representatives. "We've been going back and forth with them, and the outcome is he doesn't meet with radical groups," Auberger said. And Arlene Linton, executive director of the Colorado Health Care Association (CHCA), said moving nursing home residents out of facilities “would isolate many of them from the community. “They'd also be without the 24-hour-care and rehabilitative services provided in nursing homes," Linton said. CHCA is the local branch of the American Health Care Association, which represents the nursing home industry. Linton added that ADAPT "is talking dollars, not people. Some residents have outlived their family and friends, and need the support a nursing home offers." A national campaign to publicize ADAPT's proposal began Jan. 15. Members demonstrated at government offices (including Health Care Financing Administration offices) and nursing homes in 24 cities. Auberger said media coverage was minimal, due to the Persian Gulf Crisis. Locally, ADAPT representatives demonstrated in Lakewood at Bethany Care Center. In the mid-'70s, the facility was operated by different owners and was known as Heritage House. Conditions at that time sparked a 13-year lawsuit over nursing home residents’ rights. The Federal Omnibus Reconciliation Act (OBRA) of 1988 also addressed quality of life issues for nursing home residents. The bill became effective Oct. 1, 1990. ln 1974, former Heritage House residents joined with Denverite Wade Blank and others to form the Atlantis Community, a local home care agency that currently cares for 135 people in Denver and Colorado Springs. Later, Atlantis Community leaders founded ADAPT. The group mobilized the civil rights movement for disabled persons, and ultimately affected the way nursing homes are inspected and regulated nationally. Auberger claims many current nursing home patients don't require intensive medical care, and "end up there only because they're out of money or their families can't care for them." Linton said CHCA met with ADAPT representatives twice to discuss the attendant proposal, "but they rejected our request to form a task force to find common ground." While Linton endorses home care as “a part of the long-term care continuum," she called the ADAPT proposal “robbing Peter to pay Paul. "We cannot support the concept of lowering funding for nursing home patients, to set up another funding to attendant services," Linton said. “We need new, additional funding for that." Recent federal budget cuts may make additional funding unlikely, at least in the near future. Atlantis and ADAPT are determined, however, and they are prepared for a long campaign. - ADAPT (45)
Rocky Mountain News Mon., March 22, 1976, Denver, Colo. Banner Headline for story. PHOTO on left of headline: Head and shoulders shot of a young man (Michael Smith) with dark hair, pulled back in ponytail, dark beard and moustache. His head is tilted slightly to one side and he is smiling a bit. Caption reads: Michael Smith. He had a dream; He prayed that He would walk again someday. But someday never came. [Headline] Late poet a plaintiff in nursing home case Page 5 [Banner headline in ADAPT 44. Story starts here in ADAPT 45 and continues in ADAPT 46, but the entire text is included here for ease of reading.] Late poet was plaintiff in nursing home lawsuit By Jonathan Dedmon, News Staff Michael Smith was a poet. A victim of muscular dystrophy, Michael wasn't able to hold a pen, however. Weighing less than 100 pounds, one of the few physical tasks he was able to perform was to turn the pages of the many books he read. He would keep stanzas of poetry stored in his head and wait for friends or staff at the Heritage House Nursing Home in Lakewood where he lived to have free time so he could dictate his verse. A former aide remembers when she would be busy caring for patients and Mike would say, "Got to write." "We'd say, ‘Sorry, Mike‘ Don‘t have time.‘ A lot of his poetry was lost." In addition to being a poet, Mike also was an idealist. Because of what friends say was that idealism, in spite of the fact Mike died in October at the age of 21, he lives on not only in a published book of his poems but also in a giant legal battle in U.S. District Court. THE BATTLE COULD have a large impact on the care of handicapped patients in nursing homes throughout the country since it attacks the entire method of delivering health care. The suit, in which Mike was an original plaintiff, charges nursing home patients routinely are being denied their rights and even fundamental medical care, contrary to the wishes of Congress in its Medicaid law. U.S. Judge Richard Matsch currently is considering how much jurisdiction the federal court has in the case. But already a number of patients and nursing home employees have come forward with a series of affidavits which are a litany of patient abuse. The charges are leveled primarily against the former Heritage House Nursing Center in Lakewood, which since has been sold and is operating under new management and a new name. The suit’s allegations range from patients not having the colostomy bags changed to failure of the staff to provide any rehabilitation efforts. THE NURSING HOME attorney and a part owner deny the charges which are contained in a half dozen affidavits filed with the court. Pam Malpass worked as an aide from August 1974 to February of last year. Here are parts of her affidavit: “People were punished sometimes by having their wheelchairs turned off, cut their mobility (sic). Wheelchairs at Heritage House were constantly in disrepair and falling apart leading to weekly crises. Paul Brae, a Heritage House resident, fell out of his chair because it was falling apart and crawled under his bed and said he was (sic) [not] going to come out until he got a new wheelchair [cut off] we procured for him with some difficulty. Bowel programs for a number of residents weren't maintained properly resulting in infections. Colostomies and catheters weren't cleaned properly or regularly also resulting in infections for a number of patients. I also often observed that colostomy bags and catheters improperly were connected to the people that needed them with the result that they leaked and backed up." Michael Ray, an orderly from May 1974 to January of last year, said in his affidavit that on at least a dozen occasions, he made marks with a felt-tipped pen on patients’ dressings on open bed sores to make sure they were being changed twice a day as they should have been. “Each time when I looked, a day later, sometimes longer, the dressings I had put on with the markings were still there. The unclean sores lead to more serious complications and infections. During the six months I was working at Heritage House I never saw a doctor." FAILURE TO MAINTAIN a bowel program can lead to bowel poisoning and even to surgery. Mark Biles was impacted for three weeks while I was there necessitating an elaborate program of oral laxatives, suppositories and enemas to give him relief. The owners and the administrators always met suggestions or requests from the staff on behalf of patients residing there with the remark that they cost too much or if you don't like it why don't you get the hell out. “The only time that Heritage House was concemed about the cleanliness of the home was when the state inspection team announced it would appear.” ACCORDING TO JOHN Holland, who heads a team of Legal Aid attorneys working on the case, “We're saying that when Congress established Medicaid, it intended to create a real system of delivering high quality medical care to poor people, not a system that couldn't deliver for a significant number. The benefits aren't getting there.” A particular target is the U.S. Department of Health, Education and Welfare (HEW), which is charged with making sure nursing homes comply with federal standards to insure high quality health care. Legal Aid, which is reluctant to say too much about the case because it is pending, feels HEW merely established a “paper compliance" system whereas Congress wanted a compliance system to “see benefits and rights delivered and prevent the kinds of injuries and deprivations of rights alleged in the suit." THE SUIT NAMES every rung in the bureaucracy which participates in the provision of nursing home care, ranging from the owners of Heritage House to the state Department of Social Services and HEW. In addition to asking for monetary damages, the suit also seeks an injunction prohibiting deprivation of medical care and patient rights. The rights include proper medical and psychosocial treatment and care, the right to seek legal counsel and manage personal monies, the right to voice grievances and the right to adequate notice and opportunity for a hearing prior to transfer, among others. It also asks HEW to come up with a decent system of enforcing compliance with such federal laws. Because of the complex nature of the suit, it already has become a “paper nightmare," according to Holland, and a “paper war,“ according to Heritage House attomey Bob Eberhardt. THE PLEADINGS STAND some two feet high and the court hasn't decided jurisdiction yet. Perhaps one of the most damning affidavits filed so far is by Janice Jacobson, a former administrator of Heritage House. “Heritage House was filthy, cockroaches had infested the entire home (with the exception of the kitchen). The walls wene very dirty and an odor of urine permeated the air. “Flies were everywhere. They present a particular problem to those persons who are bedfast or paralyzed because they can't swat the flies from their faces or bodies. “Temperature controls were broken. Zone control valves which control the room temperature were corroded either open or shut so that the rooms were unbearably hot or cold. “INDIVIDUAL CARE PLANS are either totally inadequate or not existent." “Patients who had to be fed were degraded by impatient orderlies who constantly hurried them along faster than they could comfortably go on the pretext of there not being enough time to feed them." “Staff would get angry with people for having something wrong with them like uncontrolled bowels." “Lots of patients would never get dressed every day. The staff didn’t like to take the time to dress them. By keeping patients undressed a general institutional goal of keeping them in bed and more inactive was more readily achieved. “It was not uncommon for people who did get dressed to not be undressed but rather to sleep in their clothes. l received complaints from one family that one of the male patients there had the same clothes on for weeks. They knew because the same spot was on his shirt for three weeks." “Visitors and relatives often complained that their relatives or friends hadn't received baths or showers for weeks." “It was reported to me by nursing staff the director of nursing believed physical correction of resident misconduct was permissible and that she employed a technique of having persons she decided were misbehaving placed in cold showers." “The call button system at Heritage House often wasn't working and when it was, working staff very often didn't respond to calls. There was one incident while I was there where family members called in and said they heard their mother was dead. The nurse had to go down to the room to see if this was so. The woman had been dead for several hours." Mrs. Jacobson says, in her view, Heritage House was “warehousing people, not delivering health care." "Residents had no more rights than children and the official view was that the staff knew what was best for them and if the patients didn't think we were doing everything right or what they needed they could just leave." Management expressed this view often. “PATIENTS WERE KEPT tractable and quiescent by intimidation and medication. Encouraging people to be as normal as they can be is the essence of good nursing care. It was not done at Heritage House.“ In response, Heritage House attorney Eberhardt said the accusations are “totally untrue and completely without foundation. You can't cross-examine affidavits. The truth will come out in the trial. “ He also points to the affidavit of Allen Buckingham, regional director of the HEW office of Long Term Care Standards Enforcement. Buckingham stated his office never received any complaints concerning the allegations. Oscar Gross, former part owner and also a defendant, said he never would have been able to keep his license if the allegations were true. In addition, he said his home was the only home to provide a wing specifically for handicapped youths and he even received two awards from the wing. “We tried to do our best," he said. He also offered to take the News to the home to interview patients about conditions. He said his wife still visits patients. Gross sold the home in February and it now is under new management. Gross said he sold the home simply as “a business transaction.“ Before Michael Smith died last year, he testified at one hearing on the case. “He already felt he had won," recalled Mrs. Malpass. - ADAPT (44)
[Rocky Mountain News] Banner Headline for story in ADAPT 45 and 46. PHOTO on left of headline: Head and shoulders shot of a young man (Michael Smith) with dark hair, pulled back in ponytail, dark beard and moustache. His head is tilted slightly to one side and he is smiling a bit. Caption reads: Michael Smith. He had a dream; He prayed that He would walk again someday. But someday never came. [Headline] Late poet a plaintiff in nursing home case Page 5 - ADAPT (43)
The Denver Post - Thursday October 2, 1975 [Headline] Muscular Dystrophy Wins Battle [Subheading] Mike Died at Atlantis - a Dream Come True by Fred Gillies Michael Smith died Wednesday afternoon in the place where he wanted to be - the Atlantis Community in Denver. Atlantis was Mike's dream come true: a fledgling community where he and 13 other handicapped persons could live in dignity as individuals, attempting to realize their full potential. But the dream died Wednesday for Mike as muscular dystrophy, the dark angel that lived with him for most of his slightly more than 21 years, won the final battle. Mike and other Atlantis residents came into the public view late in June when a Denver Post story told of the hardships they were suffering as the result of bureaucratic bungling which had delayed the Social Security checks the Atlantis residents needed to pay their living expenses there. At that time, Mike was semiconscious and not expected to live. But he later rallied, as he had three other times in the past year when he was close to death. For the past three months, Mike generally had been confined to his bed and most of the time used an oxygen tank to ease his breathing. In recent weeks, Mike had started composing poetry again — one of his favorite pastimes and the one that seemed to allow, him to escape from the physical helplessness forced upon him by muscular dystrophy. Mike also was following closely the progress of a legal action that he and other handicapped persons had filed in Denver federal court to ensure the handicapped the same rights as all other persons. And with the help of Atlantis staff members, Mike was planning his first vacation in many years: a plane trip to Houston, Texas. Two of the Atlantis staff were to accompany him there. But last Sunday night, Mike's condition suddenly worsened. His kidneys apparently had started to shut down. Carbon dioxide was building up in his body, affecting the brain and causing respiratory problems. Mike was taken Monday to Denver General Hospital, where blood tests were completed. But Atlantis officials said doctors at the hospital concluded that there wasn't much that could be done. And Mike was adamant: he didn't want to undergo another operation to cut into his windpipe to ease his breathing just a little longer. He didn’t want to be hooked up to all kinds of machines and medical equipment. He wanted to be left alone and to he allowed to die in peace and at Atlantis. Mike was permitted to "come home" to Atlantis on Tuesday. But now he was required to wear a full face mask utilizing a nebulizer which sprayed a mixture of oxygen and water steadily into his weakening lungs. On Wednesday morning, Mike twice had been taken off the nebulizer briefly while adjustments were made, and there were no complications, Wade Blank, Atlantis co-director said. But Wednesday afternoon, after the nebulizer had been removed for another swift adjustment, Mike died. “He relaxed, went to sleep and just stopped breathing," said his mother, Mrs. Joanne Davis of Central City, Colo., who was with him. Mike’s mother will fulfill his wish that the only flowers at his funeral be one red rose which she will provide and keep afterward. Mike also had asked that persons planning to send flowers for his funeral might instead send donations to Atlantis at 2965 W. 11th Ave. Early last July, Mike and a friend put together a book of about 35 of Mike's poems, written over the past seven years. At the time of Mike's death, the manuscript still was being circulated among publishers. One of these poems - “With the Wind, I Leave" - tells of Mike’s leaving his love, “leaving the oceans, fields and mountains that were my life.” But then he tells of finding "a peace and wisdom that no one can take away.” And the poem concludes with Mike's quiet admonition: "So when you remember me, think of the oceans, fields and mountains. Think of the wind that blows in the spring and you will know that I am free." Services for Mike will be at 2 p.m. Saturday at the Olinger Mortuary, 16th and Boulder Sts. A copy of Mike's book of poems will be with him when he is cremated, as he had wished. Denver Post PHOTO: A thin young man (Mike Smith) lies in bed wrapped in sheets. His long dark hair is laid out on the pillow above his head, and his dark eyebrows, beard and moustache frame his features. He looks with a burning intensity up and someone (mostly out of the picture), who is holding a book. Caption reads: Mike Smith Listens as His Poetry is Read. He was photographed in June after moving to Atlantis. - ADAPT (411)
St. Louis Post Dispatch, May 17, 1998 [Headline] No Arrests As Protest Continues By Victor VoIland and William C. Lhotka Of the Post-Dispatch Staff PHOTO by Jerry Naunheim Jr./Post Dispatch: Three people in wheelchairs sit in a line facing away from the camera and toward a line of men standing and facing those in wheelchairs. Behind the men standing is an ornate stone building. On the back of one of the wheelchairs is a poster that reads "Lifts = Buses For All." caption: Members of American Disabled for Accessible Public Transit facing a line of plainclothes police officers Monday in front of the Omni International Hotel at Union Station. About 50 protesters, half of them in wheelchairs, continued a peaceful demonstration at Union Station on Monday against a public transportation association meeting inside. No one was arrested. Meanwhile, 11 of 41 demonstrators arrested on Sunday filed a $2.5 million suit late Monday against the city and three police officers. The suit accuses officials at the City Workhouse of taking blood from those arrested against their objections. It also charges police with violating the protesters' right of free speech by refusing to allow them to talk to the press while they were in jail. The demonstrators, who belong to a group called American Disabled for Accessible Public Transit (ADAPT), are protesting the policies of the American Public Transit Association, which is holding a regional conference at the Omni Hotel at Union Station. The conference opened Saturday and continues through Wednesday. The ADAPT group wants the association of bus and train operators to adopt a national policy in support of equipping all public buses with wheelchair lifts. It has demonstrated against the association at its meetings for the last several years. Charges against 38 of the 41 arrested were dismissed Monday by Associate Circuit Judge Henry E. Autrey because authorities had failed to get warrants within the 20-hour period following arrest, as required by law. Three protesters were released on their own recognizance and ordered to appear Wednesday in the court of Judge Thomas C. Grady. They are charged in warrants with trespassing and disturbing the peace, both misdemeanors. George Kinsey, commissioner of adult correctional services, said it was standard procedure to take blood and perform tests on all prisoners entering the City Jail or Workhouse to screen for venereal diseases, tuberculosis and other communicable diseases. On Monday morning, remnants of the 150-member ADAPT group wheeled down Market Street from their rooms at the Holiday Inn Downtown to Union Station and the Omni and were met with a phalanx of uniformed and plainclothes police outside the main hotel entrance. Workers erected a makeshift barrier of concrete pylons and orange plastic fencing to separate the police line from the wheelchair protesters who drew up opposite. "I want Mr. Gilstrap to know he's got an angry parent out here and that I want the same human dignity afforded to my daughter that is given to an able-bodied person," one of the protesters, Cynthia Keelan of Phoenix, Ariz., barked through a battery-powered bullhorn. She was pushing her daughter, Jennifer, 7, who is crippled from congenital cerebral palsy. The girl is segregated and treated as a second-class citizen because she must use a wheelchair, her mother charged. Jack R. Gilstrap, executive vice president of the American Public Transit Association, declined to meet Monday with the protesters, who repeatedly chanted his name. Gilstrap told a reporter later that the association supported the idea of accessible public transportation for the elderly and handicapped. Implementing such access is difficult because President Ronald Reagan's administration has slashed the federal transit program by 47 percent since 1981, he said. He added that paratransit vans and buses — so-called dial-a-ride vehicles — are used much more frequently and are more cost efficient than buses equipped with wheelchair lifts. Gilstrap said that the Bi-State bus system in St. Louis offered both the dial-a-ride vans and lift-equipped buses. Tom Sturgess, a Bi-State spokesman, told the protesters that the system would have two-thirds of its buses equipped with lifts by next year. Lonnie Smith of Denver, one of the plaintiffs in the suit, said he was one of the first people to be subjected to a blood test at the city Workhouse after his arrest on Sunday. Showing a reporter the puncture on the inside of his left arm where the needle had been inserted, Smith said he had been told that he had no choice — that he would be held down unless he submitted to the blood test. end of article - ADAPT (357)
Disabled Activists Blockade Transit Expo By Jack Fletcher Frontline, October 12, 1987 PHOTO by Frontline: In a medium close up, man and a woman in wheelchairs (Bob Kafka and Diane Coleman), sit side by side in a downtown street and tall buildings in the background. Both wear the ADAPT T-shirt with the no-steps logo, Diane has on a white jacket. Bob is speaking and has his hand over Diane's, which is on her joy stick. Behind her head is a poster, partly blocked from view, that reads "We the People..." There is no caption. San Francisco Hundreds of disabled activists, demanding accessible transit, dramatically confronted “the world’s largest transit exposition” here September 27-30 as they blockaded streets, chained themselves to cable cars, and generally besieged the 15,000 mass transit officials and manufacturers’ representatives at the American Public Transit Association (APTA) Expo ’87. Over 100 protesters were arrested as they pressed APTA to approve a resolution by the September Alliance for Affordable Transit (SAAT) calling for the right of the disabled and elderly to access public transit. SAAT organizer Marilyn Golden called the APTA protests “the largest in disability rights history.” The disabled community has fought against APTA since 1979 when APTA brought a lawsuit that succeeded in overturning a federal regulation requiring that all transit vehicles be accessible to the disabled. Since 1983 the American Disabled for Accessible Public Transit (ADAPT) has organized demonstrations at APTA conventions in Cincinnati, Detroit, Phoenix, New York, and Washington, D. C. to urge a policy change. Until this year when they scheduled two workshops on the issue, APTA has been unwilling to even meet with protestors. Mark Johnson, a demonstrator from Georgia, drew the parallel between these protests and the civil rights movement saying, “There was something wrong when Black people weren’t allowed to sit in the front of the bus, and there’s something wrong when we can’t even go on the bus.” APTA claims that accessibility would cost $15 billion and would bankrupt the nation’s transit districts; they propose instead a system of “paratransit” which would theoretically provide disabled people with flexible door-to-door service but in fact translates into long waiting lists and call-ahead requirements, weekday-only buses and restricted ride purposes. SAAT counters that APTA’s $15 billion figure includes completely rebuilding subways in New York, Chicago and other cities, while the disabled community’s actual demand does not include rebuilding rail systems or even retrofitting existing vehicles, but only that new buses include wheelchair lifts. Also, while arguing that paratransit may be a useful supplement to public transit, Susan Schapiro of SAAT criticized existing paratransit systems as designed with a view of the disabled as “pathetic people in nursing homes going to see the doctor twice a month . . . . It all boils down to discrimination and the belief that these aren’t really people. The APTA delegates could not miss the powerful statement made by the tenacious lines of wheelchair bound demonstrators who spanned several generations in age, were multi-racial in composition, and came from every corner of the U.S. – including eight from Alaska. As demonstrators were being arrested they drove home the irony of being taken away in a lift-equipped paddy wagons chanting, “They can take us to jail but not to work.” - ADAPT (352)
Passenger Transport 4/3/98? At San Francisco Meeting Agreement Reached in Suit By Disabled over Access San Francisco, Calif.- A settlement agreement of a class action suit brought by two individuals with disabilities against the Hilton Hotels Corporation, APTA, and Executive Vice President Jack Gilstrap was reached recently. The February 1988 suit stemmed from a protest by persons with disabilities at the San Francisco Hilton Hotel during APTA’s 1987 Annual Meeting. “We are pleased that this litigation is being settled and that we can, hopefully, put it behind us and move forward,” said Mr. Gilstrap. He emphasized that the settlement agreement stipulates that APTA entered into this agreement without admitting any liability in connection with the incident. The plaintiffs who brought the suit in the California Superior Court claimed that their right of access to the San Francisco Hotel was violated during a Sept. 27, 1987, meeting and protest at the hotel. Persons with disabilities had been invited to attend a meeting with APTA that morning, but an accessible hotel entrance was temporarily closed. The protesters sued under California law that guarantees full access for individuals with disabilities. The Sept. 27 incident came during a week when disabled activists held a tumultuous demonstration at San Francisco city hall and also blocked operation of the city’s historic cable car system. The settlement, reached on March 3 and preliminary approved by the court, provides monetary damages to disabled individuals who feel they were denied access to the hotel. The preliminary court approval clears the way for announcement of the settlement in publications distributed throughout the disabled community. Individuals who were invited to the Sept. 27 meeting and were denied access through the temporarily closed entrance are entitled to a minimum of $1,250. Persons who sought access or would have sought access to the hotel but for the temporary closure will have an opportunity to identify themselves and file proofs of claim for damages of up to $250. The damages will be paid out of a settlement fund established by Hilton Hotels and APTA amounting to $100,000. A hearing will be held this June for a final determination by the court concerning the fairness of the settlement. - ADAPT (331)
The Fulcrum: Handicappers Making a Difference The newsletter produced by handicappers for handicappers in Michigan [This story continues on ADAPT 330 but the text is included here in it's entirety for easier reading.] PHOTO: A wide wet city street with about seven people in wheelchairs and scooters sitting in the middle of it. Four men, possibly reporters, stand in front of them and behind them is a city bus and some lines of cars. On one side of the street is another city bus with five other people in wheelchairs sitting by it. Picture Caption: Protesting the overturned DDOT decision, this human barricade blocked traffic in downtown Detroit. [Headline] Demonstrators ride paddy wagon, not buses By Yvonne Duffy When Mike Gambatto retired from the Detroit Police Department after an on-the-job injury, he probably never thought that one day he would be arrested for obstructing traffic on a public street. He felt so strongly about the importance of Detroit buses being accessible to persons with disabilities, however, that on the morning of November 23 he drove from Lansing to downtown Detroit to join other demonstrators, most of whom were users of wheelchairs or three-wheelers. In 1987, Gambatto was one of the plaintiffs in a class action suit in which the Wayne County Circuit Court ordered the Detroit Department of Transportation (DDOT) to purchase and maintain lifts on their buses and awarded $2.5 million in damages to the more than 1,110 people eventually included in the suit. This protest occurred because this October the MI Court of Appeals overturned the earlier decision, ruling in favor of DDOT and eliminating the monetary damages. The group of about twenty-five huddled at the intersection of Woodward and East Jefferson in hooded jackets, mufflers, mitts, and occasional afghans under a sullen grey sky punctuated by freezing rain and snow flurries. As the traffic light turned red, Gambatto and nine other chair and cart users rolled onto the road to arrange themselves so that when the light changed, traffic was completely blocked on the busy downtown street. Horns honked, and a few drivers got out of their vehicles. One driver, upon learning that the protestors were demonstrating for their right to use the city buses like everyone else, exclaimed, “I’m with you!” raising his hand in the victory sign as he returned to his car. The police were ready. Within minutes, the sergeant in charge approached Frank Clark, a post-polio retiree with a long history of activism to make Detroit more accessible, and informed him that if the group did not return to the curb they would be arrested. When they refused, the paddy wagon, which had no lift, was brought in, and officers began hoisting up the chair users. The chair of one tipped perilously to one side as he was loaded into the van. Gambatto asked to be lifted in separately from his three-wheeler, which sometimes comes apart when lifted. An assisting officer asked if Gambatto had been injured in the line of duty. The fourteen-year veteran of the force explained that a nerve in his neck had been injured when he had attempted to break through a chained door to apprehend a man who had just stabbed a little girl, resulting in a multiple sclerosis-like condition. The officer, visibly moved, replied, “I never actually met a policeman that was hurt on the job before. This hurts- it hits home.” Gambatto was elated about his participation on the demonstration. “I felt like we were doing something worthwhile out there,” he said. “We weren’t breaking a law just to break a law. We were making a point that really needed to be made- that the buses are inaccessible in the City of Detroit.” As mobility Coordinator at Michigan State University’s Program for Handicapper Students, he has become even more keenly aware of the financial and social costs of failing to make public transportation to accessible. “Instead of buying [unreadable], we, as a society, are paying for people to stay home- often for their whole lives. We waste human minds because we’re too cheap to buy wheelchair lifts.” The demonstrators were driven a few blocks to police headquarters where they were given the option of receiving tickets. During the two hours it took for processing, they were held in an unheated storeroom off the garage. There were no accessible restrooms. Nevertheless, there was general agreement among the demonstrators that the Detroit police displayed exemplary sensitivity and courtesy during the arrest and booking. “They were nice to the point of graciousness,” said Verna Spayth of Ann Arbor, an organizer of the action. According to Spayth, the police sergeant, whose late brother had been a polio quad, seemed aware that by his decision to arrest, he rescued them from the freezing rain and, at the same time, attracted attention to their protest by making it a newsworthy event. Ironically, George Harrison, a Detroit resident for 25 years and a wheelchair user for the last six, almost never made it to the protest because the bus driver did not know how to operate the lift. He was fortunate that a more knowledgeable bus driver riding to work came to his rescue. When Roger McCarville of Ortonville, whose both legs were amputated, heard about Harrison’s experience, he “knew he was in the right place.” Citing accessible public transportation as essential for a quality life, McCarville, who owns a company, Handicap Transportation, which carries people with disabilities to non-emergency medical appointments, says, “Lives go beyond medical. There’s a whole social aspect out there, and there’s no service available.” Many who live outside the metropolitan area put themselves on the line to demonstrate unity with their brothers and sisters with disabilities even though they personally did not need the service. For Spayth, Advocacy Coordinator at the Ann Arbor Center for Independent Living, who, last fall, chained herself with several other to buses in downtown Detroit but was not arrested, every opportunity to forge a sense of community is precious. She says, “Whether you get arrested or not, once you’ve chained yourself together with other people with disabilities, it’s totally impossible to look at those people again as separate individuals. Even without words, a bond is created there.” Scott Heinzman of Livonia, adds, “Even though I’m not expecting anything, there could be a time when I might need the help of people in other communities to bring attention to an issue.” For Heinzman, participating in the protest was important for other reasons. Sharing the view that Detroit has been hurt by the mass exodus to the suburbs, he feels that, as a suburban resident, he wants to give something back to the city. “People are people everywhere,” he says, “and if there are problems, problems can be solved.” Heinzman serves on the Advisory Council of the Great Lakes Center for Independent Living, whose offices are in Detroit. A 28-year-old quad, he is also bringing much-needed exposure of children to people with disabilities, through his activity with the Boy Scouts and his local Parent Teacher Organization. Ray Creech, a Canton resident, wanted to “show support for the people in Detroit who really need it [accessible transportation].” Occasionally, when he visits Trapper’s Alley or Greektown, he has tried to use the buses with mixed success. Spayth vocalizes a feeling shared by many in the disability movement: “The easy answer is that when we fight for disability rights anywhere, we fight for them everywhere, but, for me, it goes deeper than that. Every once in awhile, I feel the need to express my anger against my oppressors. What happens next in the fight to make DDOT buses reliably accessible and restore the monetary damages awarded by the lower court three years ago? The next step in the judicial process, according to Justin Ravitz, attorney for the plaintiffs, is an appeal to the Michigan Supreme Court. If the justices “have any sensitivity or allegiance to the law, they will surely hear our case,” he says. This process could take months or even years, however. Meanwhile, Detroiters with disabilities want to ride. Until they achieve that goal, Ray Creech vows, “We’ll just keep coming back!” PHOTO: Five uniformed police officers stand around a single man in a wheelchair. One of them has his head down and is touching the arm of the guy in the wheelchair. Caption reads: Police escort demonstrator to paddy wagon. - ADAPT (297)
THE HANDICAPPED COLORADAN Vol. 9, No. 2, Boulder, Colorado, September 1986 PHOTO: Head and shoulders of a man (Wade Blank) with long straight hair parted in the middle, and wire-rimmed round dark glasses. He is wearing a vest over a button down shirt and undershirt and he is smiling. Caption reads: Wade Blank. Some say he wants another Kent State. Title: Rosa Parks leads Detroit protest march Famous black activist ignores plea from Coleman Young to stay out The faces and forms in the column of marchers behind her were a little different today from those she led 30 years ago, but the woman at the head of the march hasn't changed much. Rosa Parks is 74 now and slowing down a little, but she still radiates the same spirit that helped ignite the black civil rights movement in 1956 when she refused to give up her seat to a white man and move to the back of a Montgomery, Ala., bus. The police put her behind bars that day but within hours a local Baptist minister named Martin Luther King, ]r., orchestrated a bus boycott that was to be the first act of organized protest that would bring an end to segregation in less than 10 years. On Sunday, Oct. 5, 1986, the issue was once again segregation and public buses, but this time there were only a handful of black faces among the marchers who took to the streets of Detroit. Yet it was just as easy today as it was in 1956 to identify what made these protestors different from other people. They were in wheelchairs. Rolling under the banner of the American Disabled for Accessible Public Transit (ADAPT), they had come to Detroit to picket their old nemesis, the American Public Transit Association (APTA), which was holding its annual national convention ln Detroit. APTA represents most of the nation's public transit systems and has steadfastly refused to support—or even to-vote on—a proposal to require transit systems to add wheelchair lifts to buses. The state of Michigan requires that all transit companies receiving state funds be wheelchair accessible, but the city of Detroit has avoided that requirement by refusing to accept any financial assistance. Buses in the largely white suburbs have lifts, but a wheelchair passenger who wants to continue a trip into Detroit is out of luck. Detroit mayor Colernan Young, himself a black who played a prominent role in the civil rights movement in the 1960s, does not support accessibility for disabled persons and was scheduled to address the APTA convention along with Ed Bradley, also a black and a CBS newsman and regular on "60 Minutes.” Both Young and Bradley reportedly pleaded with Parks not to participate in the march on the APTA convention, but after a late night meeting with staff and advisors, Parks said she would not renege on her commitment. As The Handicapped Coloradan " was going to press, it was reported that Young was going to ask the Detroit city council to rescind ADAPT's parade permit. An ADAPT spokesperson said he expected some 150 ADAPT members from across the country to be joined by at least another 100 protestors in making the march on the Westin Hotel Renaissance Center. "l think we're on the brink of breaking this thing wide open,” said Wade Blank of Denver, who helped form ADAPT. Blank said he was hoping Parks‘ participation would help people to understand that disabled people look upon accessibility as a civil right. APTA, on the other hand, says it's a question of practicality and finances and so should be left to the discretion of the local transit provider. Geographical conditions have to be taken into consideration because lifts are difficult to operate in snow and on curved roads; according to Albert Engeiken, APTA's deputy executive director. Blank scoffs at that position and suggests that lift technology has reached a point where they can be operated in all kinds of climatic extremes, if the transit provider is truly committed to accessibliity. Many transit systems did order lift-equipped buses in the late 1970s when the Carter administration's Department of Transportation mandated accessibility. APTA, which acts as a lobbying and policy-making group for some 300 separate transit districts, filed a lawsuit that eventually led to a reversal of that decision. In Denver, the Regional Transportation District (RTD) announced that it was scrapping its plans for providing mainline accessible service on the basis of that ruling and quickly found itself battling wheelchair protestors in the streets. In falling snow and freezing temperatures, protestors blocked buses and chained themselves to railings outside the RTD offices untll the courts interceded. RTD was ordered to provide some accessible service, but the board of directors continued to resist the Idea. However, ln 1983 the appointed RTD board was replaced by an elected body and quickly voted to commit Denver to accessibility. That same year, APTA brought its national convention to Denver. Disabled individuals and groups who had fought for lifts in the streets of Denver united under the ADAPT banner and, with the support of Mayor Federico Pena, threw up pickets around the convention hotel and arranged to present its demand for accessibility to the convention. No vote was taken and the issue was not brought before national conventions held ln Washington, D.C., in 1984 or in Los Angeles in 1985. ln both cities ADAPT members defied police and blocked buses. A handful were arrested in Washington and a couple of dozen in Los Angeles. ADAPT didn't limit itself to picketing just APTA’s national convention but dogged the organization across the country, sending pickets to various regional conventions, including San Antonio and Cincinnati (see related story). Buses were blocked and more demonstrators went to jail. In some cases, confrontations with local police turned ugly. That has led some disabled groups to break away from ADAPT and Blank’s leadership. Denver's Holistic Approaches to Independent Living (HAIL, Inc.) and its executive director Theresa Preda went to Detroit but refused to participate in some of ADAPT’s actions. "They told me they were afraid I wasn't going to be satisfied until there was blood in the street, until someone in a wheelchair got killed,” Blank said. “They told me I was trying for another Kent State." Blank, who founded the Atlantis Community which, like HAIL, fosters independent living, was a campus minister at Kent State University when national guardsmen fired on student demonstrators during a Vietnam war protest. Four students were killed. Blank denied that he had any such intention, but added that ADAPT has no intention of giving up civil disobedience. “It’s the most effective weapon we've got," he said. Blank said, ADAPT would probably stop buses in Detroit. "They just received 100 new buses," he said. "Without lifts, of course." Blank said he would not be surprised if protestors were to be arrested. Ironically, on the eve of the march the Wayne County jail was filled to capacity (1700) and prisoners were being turned away.