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Home / Album / Tag lawsuit 21
- 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 (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 (285)
The Detroit News, Section B Metro/ Wednesday, Oct. 8, 1986 pp. 1b and 6b News Focus: HANDICAPPED ACCESS PHOTO News Photo by Howard Kaplan: Three dark uniformed officers encircle the back of an older, thin man in a an old style manual wheelchair (Frank McComb). The officer on the left looks frustrated but determined, the one in the middle looks somewhat worried and the one on right is bending forward as if trying to speak to Frank. Frank looks freaked out. He is wearing a button down shirt and jacket with an ADAPT button. Caption reads: Handicapped protester arrested at Federal Building in downtown Detroit. There are two articles side by side. [These articles both are continued on ADAPT 275, but the entire text of both has been included here for easier reading.] Title of first article: 2nd day of protest brings 37 arrests By Louis Mieczko and David Grant, News Staff Writers A group of jailed wheelchair-bound protesters found themselves confronted Tuesday night with the kind of access problems they've been protesting all week. Thirteen protesters spent the night in a gym at Detroit Police Headquarters after the Wayne County sheriff's department refused to admit them to the county jail. A spokeswoman for the sheriff's department said the protesters weren’t accepted at the jail because over-crowding forced the county on Friday to stop incarcerating people accused of misdemeanors. MEANWHILE, UP to 60 people -- most in wheelchairs — descended on the area around Police Headquarters to protest the jailings. They wheeled slowly along the sidewalks around the building, chanting, “Let our people go" and vowed to spend the night. About 20 police officers stood near the protesters but did not intervene. The 13 protesters were among 37 people arrested Tuesday, after they blocked one of two entrances to the McNamara federal office building in downtown Detroit. Of the 37 people arrested, 31 were in wheelchairs. Police said the 13 jailed protesters were being held in lieu of $1,000 cash bail each. The rest of the protesters were released on $100 [personal bond]. BAIL WAS set at $1,000 for the 13, a police spokesman said, because their arrests Tuesday violated the conditions of their release Monday on $100 personal bond after a similar protest. They had been ordered to avoid further arrest until a court appearance set for Oct. 24, police said. Their incarceration posed special problems for police. The protesters were being held in a gym at Police Headquarters, which has barred windows and doors and is occasionally used to hold prisoners temporarily when processing of prisoners is backed up at the jail, police said. The bathrooms in the gym are not equipped for the handicapped and guards were carrying the protesters in the toilets, police said. The protesters were arrested early in the afternoon. By the time they had been processed and carried into the gym by police, the cafeteria at the Wayne County Jail had closed, police said. Officers at Police Headquarters, who declined to be named and who wouldn't provide details, said they secured from the county jail meals of roast beef and pot roast with lettuce, salads, ice cream, milk and juice. The protesters ate about 8:30 p.m. Title of second article: Costly bus lifts are key to dispute By Louis Mieczko, News Staff Writer It costs an estimated $20,000 to install wheelchair lifts on a typical city bus, and sometimes they don't work. That's the crux of a dispute between transit agencies across the country handicapped groups protesting the lack of access to public buses and rail cars. Americans [sic] Disabled for Accessible Public Transportation (ADAPT) wants every bus and rail car in the county available to wheelchair-bound people, a move which transit officials say would bankrupt most agencies. HANDICAPPED ADAPT demonstrators clashed this week with the American Public Transit Association (APTA), which is holding its annual convention in Detroit. It was the fourth such confrontation in as many years tied to the APTA conventions. Dozens of protesters have been arrested since Sunday for interfering with bus traffic and blocking entry to the McNamara Building as they sought to meet with staff members of U.S. Senators Carl Levin and Donald Riegle Jr. ADAPT has strongly criticized Detroit's Department of Transportation (D-DOT), which serves the city, and praised the suburban Southeastern Michigan Transportation Authority (SEMTA). “We fought for five years in Denver to get wheelchair lifts on all city buses there, and when we won in Denver, we went national," said Wade Blank, a Presbyterian minister whose 15-year-old daughter is confined to a wheelchair. THE PROTEST group, which Blank helped start, is upset with APTA for opposing its goal of wheelchair lifts on all buses. Five years ago, APTA won a lawsuit knocking down a requirement that the devices be installed on buses purchased with federal funds. Jack R. Gilstrap, APTA executive vice-president, called that too costly. “In Washington, D.C., $60 million was spent to provide elevators for the ‘subway stations, but only 36 handicapped people use those elevators on a given day," said Gilstrap. “We would much rather let each transit authority develop dial-a-ride and other more cost-effective services.” Gilstrap said it costs an average of $20,000 a bus to add wheelchair lifts, which often are unreliable. "THEY’VE NEVER given the wheelchair lift system a chance to work," said Frank A. Clark, chairman of the Detroit-based Coalition for the Human Rights of the Handicapped. “How much does it cost to keep these people at home or in a nursing facility." A 10 year old Michigan law, one of the most stringent in the United States, requires that all new buses bought with state funds have wheelchair lifts. California is the only other state with such a requirement. According to the Michigan Department of Transportation, 1,186 of the 2,127 publicly owned buses in the state have wheelchair lifts. Detroit recently bought 100 buses, but equipped only 20 with wheelchair lifts. The city did not have to follow the state law because it used city funds. ONLY 196 of the city's 606 buses — about 32 percent —— have the wheelchair equipment. By comparison, 140 of SEMTA’s 202 buses — more than 69 percent — are equipped with the lifts. And 440 of Denver's 760 buses — 58 percent — have the lifts. Denver's policy is to equip all new buses with the lifts: and the handicapped groups say they consider Denver's system a model that should be adopted by others. Clark complained that the Detroit lifts often don't work. “They don't maintain them at all," Clark said. “We'll be going into federal court soon to complain about the situation." CLARK’S GROUP has a five-year-old lawsuit pending before Federal District Judge Richard Suhrheinrich, charging Detroit with violating U.S. handicap access laws for mass transit, public buildings and walkways. The law requires that public property be accessible to the handicapped. Clark said members of his group monitor Detroit buses for operating lifts by attempting to board them while in wheelchairs. He said the group annually checks five routes Gratiot, Woodward, Grand River, Crosstown and East Warren — designated by D-DOT for handicapped access. "But even on those routes," Clark said, "we can't find any that work." By contrast," he said, "SEMTA maintains its lift equipment. D-DOT officials could not be reached for comment. Mayor Coleman A. Young’s press secretary, Robert Berg, referred questions on Detroit's recent bus purchase in state officials. NEIL LINCOLN, a spokesman for the Denver system, said it has come a long way quickly. “The lifts still break down," he added, “but not nearly as often." However, some cities like Chicago and Cleveland have not bought any wheelchair lifts because of the cost and maintenance problems. Spokesmen for those cities said they prefer to develop dial-a-ride and van service for the handicapped. Detroit has no dial-a-ride or van service. NEWS GRAPHIC: Handicapped accessible buses Here's a look at the number of buses that are handicap accessible and average number of daily riders on 6 transit systems: Wheelchair Lifts: Baltimore has 100. Chicago has 0, Cleveland has 0. Denver has 440, Detroit has 196, SEMTA has 140. Total Buses: Baltimore has 900, Chicago has 2,275, Cleveland has 656, Denver has 760, Detroit has 603, SEMTA has 203. Daily Riders: Baltimore has 240,000, Chicago has 1.6 million, Cleveland has 263,400, Denver has 160,000, Detroit has 180,000, SEMTA has 203,000. (59 small vans for handicapped, all wheelchair accessible.) end of news graphic. PHOTO: News Photo by W. Lynn Owens: A man in a jean jacket and hoodie, with bushy dark hair and a beard stands, back to the camera, by the door of a Denver Transit bus. On the steps at the doorway a thin young person is sitting, hands raised to grab on, as this person tries to lift themselves backward up and onto the bus. On the curb in front of these two people sits an empty manual wheelchair. Inside the bus you can see the silhouette of the bus driver sitting in the drivers seat. - ADAPT (223)
MAinstream magazine [No date] [This story continues in ADAPT 222, but is contained here in its entirety for reading ease.] [Headline] ADAPT takes the fast lane to make transit accessible By Michael Ervin San Antonio—The first indication that something was about to happen came when an oversized, stretch-limo of a van pulled up beside the Alamo and a wheelchair lift uncurled out of the back door. The colorful banner on the side of the van read: ACCESS FOR ALL. Six more people in wheelchairs were in another van parked in a lot down the street. As they proceeded down the sidewalk to join the demonstration in front of the Alamo the pedestrians stopped and looked them over. A parade of people in wheelchairs is bound to draw stares. But the expressions accompanying these stares were unique—welcoming, supportive, somewhat star struck. Maybe they knew they were coming. Before the 50 or so members of various chapters of American Disabled for Accessible Public Transit even arrived here there were stories in the media about previous ADAPT confrontations with the American Public Transit Association (APTA.) Television news showed footage of the mass arrests that occurred last October in Washington, D.C. when ADAPT members tried to force their way into the center where APTA was holding its annual convention. That's the kind of escalating media coverage Wade Blank likes to see. He’s the main force behind ADAPT. “We're becoming famous. When we had our first ADAPT meeting in Denver in 1982, our goal was to make the officials of any city we were coming to nervous. We wanted them to say, ‘No! Not here! We don’t want ‘em!’” They were certainly nervous in San Antonio. When a horde of people in wheelchairs showed up at the offices of the local transit authority for a noisy demonstration, the employees locked themselves in a large office as if they were afraid ADAPT was going to take them out one by one and shoot them. And when the march that began at the Alamo turned into an equally raucous occupation of the lobby of the posh hotel where APTA people were staying, hotel security had no idea what to do. And the bewildered looks of the innocent tourists were amusing. They’d certainly never seen anything like that before. “Seeing a bunch of disabled crazies blocking buses and doing things like that redefines everything everybody’s been conditioned to believe about the disabled," Blank says. This radical redefinition of what the disabled are (in the eyes of both the disabled and nondisabled) is what ADAPT is all about. And having stuffy APTA conferences and conventions as a backdrop helps make that point. APTA’s primary sin, according to ADAPT, is that it spent big bucks on a lawsuit that struck down the federal mandate that all fixed-route public buses be lift-equipped. ADAPT sees equal transit access as the most basic civil right. “It's the same segregation as when blacks had to sit in the back of the bus or yield their seats to whites. Except it’s even worse,” says Blank. “The disabled can’t even get on the bus.” By using APTA as a symbol of the stifling paternalism that keeps the disabled in a position of dependency, ADAPT makes the immorality of inaccessible public transit quite clear. *** Wade Blank is an ordained minister who never goes to church. “It’s in the true Jesus tradition. He was kicked out of the synagogue and never went back.” Blank worked in a nursing home for a few years after seminary. It frustrated him to see the disabled friends he made there stuck there simply because they had no place else to go. So in 1976 he and some others began Atlantis, an independent living center in Denver. ADAPT was born of Atlantis. Blank says Atlantis likes to “do the impossible” in terms of working with clients who have the deepest holes of dependency to dig out of. Frank, a man with cerebral palsy who was part of the ADAPT Denver caravan to San Antonio, was sprung by Atlantis in 1976 from a nursing home he had been in since 1934. Another woman began feeding herself for the first time when she became part of Atlantis. She was always physically able to. Her mother just didn't want her making a mess. Another woman had never seen a head of lettuce. Her salads had always come to her prepared. It’s rather stunning seeing people who were mired in the world of please and thank you traveling around the country, blocking buses and maybe getting arrested. It’s gotten ADAPT and Atlantis in trouble with irate relatives. The father of a woman arrested for blocking buses in Denver told Wade that since he was a reverend he must be brainwashing his daughter into joining his cult, just like Jim Jones. He said he was going to tell the newspapers so they could investigate. But Blank says, “All we’re saying to people in Atlantis and ADAPT is, ‘You are an important person.’ I just tell them (the irate relatives) that people get excited when they see that they are important and that they are expected to be somebody.” In 1978, it became clear that the mission of Atlantis could never be fully accomplished as long as Denver’s public transit system was totally inaccessible. What good was it to set someone up in an accessible apartment if they couldn’t move beyond it? They might as well have still been in the nursing home. So the Atlantis people took to the streets of Denver. They blocked buses. They held sit-ins in the transit authority offices. They got arrested. But four years later, they won and Denver is on its way to full access. [Bordered text box in center of page: “We created a drama and let it unfold . . .I guess we raised consciousness.”] The next year, APTA made the mistake of holding its convention in Denver. The target was too tempting for Atlantis to resist. Here was the personification of everything Atlantis opposed right on its step and begging to be hit. Atlantis formed a permanent transportation component call ADAPT. They organized confrontations around the convention and vowed to follow APTA everywhere until it passed ADAPT ’s resolution renouncing the lawsuit and the damage it did. These confrontations would also provide a focal point and a training ground for activists from other cities so they could form their own ADAPT chapters. Mike Auberger of Atlantis is a quadriplegic resulting from a bobsled accident during the 1972 Olympic time trials. “When we started ADAPT, we were a bunch of crazy nuts. A year later, we were a possibility. Now, we’re a reality. We started in one city and here we are about 20 cities. We must be selling something everybody needs.” The hope is that the feeling of self-importance that inspired the disabled of Denver will be as infectious in San Antonio and in cities all over America. ADAPT paved the way in San Antonio by creating a three-day headache for the police and transit authority and forcing them to take the issue very seriously. They also permanently etched the issue on the minds of the people of San Antonio with pictures on the front page of the newspaper of disabled people blocking APTA tour buses. “We created a drama and let it unfold,” Blank says. “I was talking to a reporter and I said, ‘I guess we raised consciousness.’ She said, ‘Boy did you! That’s all this town is talking about.’ ” “Now you can’t say that about too many political movements today.” But even if it doesn’t play in San Antonio, Auberger sees what happened there as another battle won. “Again we took on APTA and beat them. You’ve got this guy in a $300 suit and a designer tie with his initials and a soup stain on it. More and more people are starting to see APTA that way.” If success can be judged by police reaction, ADAPT is accomplishing a lot. Knowing ADAPT ’s penchant for blocking buses, the police routed buses away from areas with high ratios of wheelchair-users. They obviously did their homework by talking to police in other cities who had to deal with ADAPT. A television news report even told of how San Antonio police intelligence photographers were following ADAPT members around. And it’s clear that transit authorities are taking ADAPT very seriously too. The next target is Los Angeles, where APTA will hold its convention in October. ADAPT has obtained a copy of a private memo of the Southern California Rapid Transit District that speaks of the authority’s plans to spend $10,000 to $15,000 to “handle vast numbers of wheelchair bound people” who will be coming to town. “While confrontations cannot be stopped, they can be blunted.” It speaks of how the RTD is “searching for ways to diffuse or ward off demonstrations,” perhaps by pacifying everyone for a few days with a conference on accessible transit [ibid]. “Can we take control by creating a hospitality center for the handicapped?” the memo says. Who can resist such an opportunity. ADAPT is on its way. - ADAPT (246)
THE CINCINNATI ENQUIRER Wednesday, May 21, 1986 [This article continues in ADAPT 245, but the entire text is included here for easier reading.] [Headline] Handicapped bus protests to continue [Subheading] Judge offers three protesters choice of jail or leaving city BY DAVID WELLS and JAMES F. McCARTY The Cincinnati Enquirer and ENQUIRER WIRE SERVICES The issue of handicapped people and their accessibility to mass transit reached a peak Tuesday locally and nationally, sparking protests that were expected to go on today. In Cincinnati, a judge ordered three handicapped protesters who had been arrested to leave the city or go to jail. One of the men, a native Cincinnatian, chose to ignore the edict, and his bail of $3,000 was revoked late Tuesday. In Washington, D.C., the Department of Transportation issued long-awaited criteria for making the nation's public transportation systems more accessible to 20 million handicapped people. Neither decision was well received by the handicapped community. The Rev. Wade Blank of ADAPT (American Disabled for Accessible Public Transportation) said late Tuesday that a dozen or more of its members were planning an act of civil disobedience in Cincinnati today that he expected would get them all arrested. “We decided that to leave Cincinnati under the present atmosphere of basic human rights violations, would be to ignore our moral obligations," Blank said. George Cooper, who was arrested Monday said, “I thought my hometown of Dallas was conservative, but Cincinnati is more conservative." Cooper arrested Monday with two other members of ADAPT on charges of disorderly conduct during a demonstration at Government Square. Hamilton County Municipal Judge David Albanese imposed the sentence on the the ADAPT protesters. Late Tuesday, police spotted ADAPT member Mike Auburger, a former Cincinnatian who lives in Denver, driving a car through the -- city—an apparent violation of Albanese's order to leave the city. Cooper and Robert Kafka, Austin, Texas, were arrested after they crawled up the steps of a Queen City Metro bus, paid their fares and demanded the right to ride. Auburger was arrested when he tried to grab a wheel of the same bus as it pulled away from the stop. Metro's Assistant General Manager Murray Bond said disabled persons were not permitted on regular coaches because the company does not think it is safe. Metro provides wheelchair lifts on Special Access buses. but Bond said the cost of installing wheelchair lifts on regular buses would be prohibitive. Defense attorney Joanie Wilkens said after Tuesday’s hearing that she considered Albanese's order unusual but that ADAPT did not have the time or resources to fight it in court. ADAPT members were in Cincinnati to protest policies of Queen City Metro and the American Public Transit Association, which is having a convention at the Westin Hotel. In Washington, DOT's issuance of a final regulation requiring transit systems to provide reasonable alternative transportation for the handicapped contained no surprises. Many transit systems have been moving for several years toward providing alternatives such as van service or a taxi voucher system for handicapped passengers. But ADAPT and other national disability rights groups, dismayed by the new rule, almost immediately filed federal lawsuits against DOT to block the move. Handicapped representatives said the new rule fell far short of carrying out the law. A federal court in 1981 ruled that a federal requirement that all transit systems be accessible to the handicapped was too much of a financial burden. It told the Urban Mass Transportation Administration to develop new requirements that would assure that the handicapped are provided service. Under the final rule announced Tuesday, a transit authority must establish some alternative services for the handicapped if the regular bus or rail service can not be made accessible. Other members of ADAPT continued to picket in their wheelchairs in front of the Westin Hotel on Tuesday. The group suspended a wheelchair from a wooden cross. It symbolizes how the disabled are being crucified," said Bill Bolte, who helped to hoist the chair. PHOTO -- The Cincinnati Enquirer/Fred Strau: Two protesters hang a wheelchair on a large wooden cross. One man in a cowboy hat and plaid shirt (Joe Carle) steadies the cross and the chair from below, while a second man (Jim Parker) stands and pulls the manual wheelchair higher. Behind them several other protesters (including Joanne ____) watch and stand by extensive police barricades in front of the APTA convention hotel. Caption reads: Joe Carle, left, and Jim Parker chain a wheelchair to a cross Tuesday outside the Westin Hotel. The two were among several members of the American Disabled for Accessible Public Transit demonstrating against City Metro and the American Public Transit Association which is meeting at the Westin. - 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