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Beranda / Album / Tag lawsuit 21
- ADAPT (105)
Denver Post 1/82 PHOTO (no credit given): A man in a wheelchair (Stephen Saunders) is tipped back in a wheelie by one man, as another bends forward over his legs and reaches down on the side of his wheelchair. Behind them a couple of police officers are visible. Caption reads: Stephen Saunders is carried away from the offices of the Regional Transportation District during a January protest over an RTD decision to not make some new buses accessible to the handicapped. [Headline] RTD Fighting Handicapped Act By Howard Pankratz Denver Post Staff Writer The Regional Transportation District, long at odds with various segments of Denver’s handicapped community is asking Denver District Judge Harold Reed to declare the Colorado Handicapped Act unconstitutional. At the time the state Legislature passed the act, it said it was doing so to “encourage and enable the blind, the visually handicapped, the deaf, the partially deaf, and the otherwise physically disabled to participate fully in the social and economic life of the state and to engage in remunerative employment.” But RTD in motions filed in recent weeks with Reed, has charged that the statue is unconstitutionally vague and overbroad. RTD also says that those who violate the act are subject to a criminal penalty. In particular, RTD lawyers Alan E. Richman and Lawrence D. Stone take aim at a section the act which says the handicapped are “entitled to full and equal housing and full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats or any other public conveyances or modes of transportation…” Does that mean, ask the RTD lawyers, that “cab drivers are liable for criminal penalty for refusing to buy cabs which can transport persons in wheelchairs? What about persons in iron lungs or on other life support systems? Does this mean that a private automobile has to be wheelchair accessible?” The act, they contend, is sweeping in nature and poses an “impossible conundrum… to an organization or a person who wishes not to violate its provisions on pain of criminal sanctions.” Those who violate the act are guilty of a misdemeanor and are subject to a maximum sentence of a $100 fine and 60 days in county jail. In January 1982, seven wheelchair-bound individuals and the Atlantis Community for the disabled accused the district in a lawsuit filed in Denver District Court of violating both the Colorado Handicapped Act and a settlement reached in federal court several years ago. Basically they contended that in the federal settlement RTD agreed that all new buses would have wheelchair-lift equipment. Although many of the new buses are accessible to people in wheelchairs, they contend that RTD has decided against making 89 new buses, due for delivery in June, accessible to the handicapped. By denying such access, says the lawsuit, RTD has breached both the terms of the federal settlement and the duties it owes the handicapped under the Colorado - 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 (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 (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 (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 (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.