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TITLE: Clinton, disability rights advocates reach accord on attendant services by Gary Bosworth, special to Access USA News Photo (possibly by Gary Bosworth): A line of ADAPT protesters, mostly in wheelchairs are chanting on the sidewalk outside a large stone building. Quinn Brisben and Ken Heard are at one end and Bob Kafka at the other. You can see barricades behind them. Caption reads: Members of ADAPT protest in front of the Marriot in San Francisco during the annual convention of the nursing home lobby, American Health Care Association. [This article continues on ADAPT 754 but the entire text is included here for easier reading. There is a statement by Gov. Clinton after this article.] On Monday, October 19, the Clinton/Gore campaign released a policy statement that forcefully supports attendant services for persons with disabilities instead of institutionalization The agreement worked out was the culmination of more than a month's negotiation between the Clinton/Gore campaign and the disability rights group ADAPT. In September, ADAPT contacted both the Bush/Quayle and the Clinton/Gore campaigns about the issue of attendant services. Both campaigns were asked to issue policy statements supporting independence for persons with disabilities through attendant services. A mid-October deadline for the statement was given because ADAPT was going to be In San Francisco for a national action at the site of the annual convention for the nursing home lobby, American Health Care Association (AHCA). While the Bush/Quayle campaign ignored the request, Clinton/Gore worked on a statement that was faxed to ADAPT as they were arriving in San Francisco on October 17. The Clinton/Gore statement went a long way to addressing the needs of attendant services, but was still missing the fact that a major crux of the problem had to with the bias in how federal regulations favor more expensive nursing home care instead of less expensive, more efficient attendant services Without the additional language, ADAPT went ahead with its planned non-violent protest march on Monday, October 19. Over 400 persons with disabilities marched in two `groups`, targeting the headquarters of Bush/Quayle and Clinton/Gore simultaneously. In response, the Bush/Quayle headquarters not only blocked off all wheelchair access to their headquarters, they also installed barricades blockading the entrances outside manned by platoons of police, Over at the Clinton/Gore headquarters no barricades were erected as more than 100 persons in wheelchairs from twenty states occupied every nook and cranny of the headquarters, leaving several dozen protesters lined up outside as police looked on without barricades After several hours of the occupation, an updated version of the earlier statement was faxed directly to ADAPT at the protest, from the Clinton/Gore national headquarters. The new revised statement was read to the assembled crowd of wheelchair warriors by Clinton’s director on national disability policy, Bobby Simpson. The final proposal is a far-ranging progressive document that: (1) persons with disabilities must be given the right to choose consumer-driven, community-based attendant services versus institutionalization, (2) employment as attendants by young women and men will be encouraged as an option under the National Service Trust Fund service to their community, (3) appointing a task force that will submit a reform package within the first 100 days of the Clinton Administration to overhaul federal regulations to remove their overwhelming institutionalization bias and instead propose regulations to make attendant services more available, and (4) the task force will include members with disabilities from prominent disability rights `groups` such as ADAPT. With this victory, the occupation was called a success by both the peaceful protesters in their wheelchairs and the workers of the Clinton/Gore campaign. That was in sharp contrast to the mood at the Bush/Quayle headquarters where the republican campaign refused to negotiate and instead issued a statement that the efforts by ADAPT were 'counter-productive' and 'a disservice to the disabled'. The next day, the mood changed again when California’s budget cuts in the state SSI/SSP of 16 1/2percent and attendant services of 12 percent were the subject of the action. The two sites targeted were the federal building and the state building in San Francisco. The police were caught off guard being stationed only at the state building. The federal protective service in charge of the federal building wasn't ready either. What followed was a declaration by ADAPT that the federal building was being turned into a nursing home for the day with all access in and out shut down. Police responded with mass arrests of 49 protesters in the plaza in front of the federal building as the protesters linked arms and wheelchairs together. The remainder of the group then continued on to the state building. Police had removed troops from the state building to go to the federal building. No arrests occurred at the state building as the group chanted and passed out fliers to passers-by. The 49 arrested were held for the day, ticketed, and released down at pier 38, which the police turned into a huge booking and holding facility. On the final planned day of protests, Wednesday, the AMCA convention hotel was the site of the dally protest. Police arrested 114 persons that day when the driveways and streets in front of the Marriott hotel were blocked by people using wheelchairs. It took hours to transport those arrested back down the pier. This prompted Mike Auberger of ADAPT to comment, "If I knew I would be spending so much time here I would have brought my fishing pole.” When released, the group marched in formation backto their own hotel for a night of celebration. It was a long week of work done getting the message out to the general public about the issue of attendant services as a basic civil rights issue. Among the celebrations held Wednesday night was a special wedding ceremony of two ADAPT protesters from Philadelphia and a musical concert put on by performers with disabilities that lasted into the wee hours. By all accounts, the week was a success. Even the police mentioned several times they were totally unprepared for the dedication and training of ADAPT members during the action to the point of admiration that the protesters never lost sight of why they were there - to expose the inhumanity of locking up persons with disabilities into nursing homes, when attendant services are less expensive, more humane, and let individuals retain their civil rights. the end TITLE: Statement of Governor Clinton on Personal Assistance Services I support efforts to make affordable personal assistance services available to Americans with disabilities. We must ensure that all people have the opportunity to live independent lives. People who have disabilities and have a need for personal assistance services should have maximum control over the care they receive. Personal assistance serves must be consumer driven- they must be met by the needs and desires of the user, not the dictates of the supplier. I believe that personal assistance services are of the utmost importance. I understand that every person has different needs. For this reason, I believe that every person has the right to personal assistance services. I believe that personal assistance services should be provided by a wide range of qualified individuals. In my proposal for a National Service Trust Fund, I have suggested that young men and women who go to college can pay for their education by spending two years working in jobs which serve our community - teaching our children, policing our streets, rebuilding our infrastructure. Employment in personal assistance services should be an option in this program, and I hope thousands of men and women choose it. This is only one of many ways in which we can expand the scope of available services. Personal assistance services should be a part of any comprehensive health care reform plan. For this reason, I intend to appoint a task force, including individuals with disabilities, on the role of personal assistance services and long term care in health care reform. Among other things, this task force should examine the role of federal regulations and funding which creates a presumption in favor of institutionalized care over home and community-based services. I have promised to submit a reform package to Congress in the first 100 days of my Administration. The task force will submit recommendations on reform in that time period. It is time for America to realize that silence on issues of concern to people with disabilities is as damaging as prejudice. As President, I will work with individuals with disabilities to empower people to live independently, I will bring people together and make this plan a reality.
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This is a continuation of the article and photo collection on 536, it also continues on 520. The text version of the entire article, etc. is included in 536
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Different TIMES THE NEWSPAPER DEDICATED TO THE PROPOSITION THAT ALL PERSONS ARE CREATED DIFFERENT, BUT EQUAL $125 Vol. IV, No.4 April, 1990 Protesters disable capitol Photo (World Wide Photos): Three protesters in wheelchairs sit in front of the Capitiol building beside the crowd. One sits, back to the camera, Walter Hart faces the camera with a bandanna and dark glasses, and Joe Carle sits sideways. Behind them in the far distance is the dome of the Capitol and directly behind them between the dome and the group is the ADAPT flag (an American flag with the stars arranged in the access symbol.) Caption reads: About 1500 persons of disability rallied for protest outside capitol in Washington, D.C. last month. STORY 1: by Vonne Worth Protest marches last month may influence passage of a strong Americans with Disabilities Act soon. 1500 join in Washington, DC demonstrations to pass ADA in House On March 12, Americans with Disabilities for Accessible Public Transportation (ADAPT) marched from the White House to the Capitol Building, said Mike Auberger, an organizer with ADAPT. About 1500 people from all over the country with many different disabilities took part, he said. At the White House, a spokesperson "reaffirmed President Bush's position that he wanted to see the Senate version of the Americans with Disabilities Act (ADA) passed intact," Auberger said. The ADA is a civil rights act for persons of disability which prohibits discrimination in employment, transportation, public services, public accommodations, and telecommunications. It has passed the Senate and is now in the House of Representatives, where some business interests are lobbying heavily against it. ADAPT was demonstrating to work for passage of the ADA, according to Auberger. After the march to the capitol, several speakers talked to the crowd. They included Rep. Patricia Schroeder (D-Colo.); Rep. Major Owens (D-N.Y.), one of the sponsors of the ADA; Justin Dart, of the Congressional Task Force on Rights and Empowerment of Americans with Disabilities; Jim Brady, former President Reagan's press secretary; Auberger, and others. Then there was a crawl up the steps of the capitol. "The reason for the crawl was to let everybody in the House know that we're not going to let any obstacle stop us from having the ADA passed," Auberger said. “It wasn't to gain sympathy or to gain votes." ADAPT protesters marched to the rotunda the following day, March 13, and took over the rotunda. 104 of them were arrested. March l4, ADAPT demonstrators went to the Sam Rayburn Building. “We took over [Rep.] Bud Schuster's (R-Pa.) office who's the minority chairman of the Transportation Committee," Auberger said. “He's been the one within the Transportation Committee who's tried to add amendments like ‘Cities under 200,000 would not have to lift-equip their vehicles." “Also he was going after inclement weather—if you had too much snow, like we have here in Denver, you wouldn't have to have lift-equipped vehicles even though we already do. We have an average of 60 inches of snow a year," Auberger related. “Most of those amendments were defeated," Auberger added. “At the same time, we met with Hamilton Fish, (R-NY) who is the minority chairman of the Judiciary Committee," Auberger said. The ADA is undergoing constant attempts to weaken the remedy section; however, Fish didn't seem aware of this, according to Auberger. But Fish sat down in his office with about 30 disabled people and "talked with us probably for about a half hour and made a commitment that he would do everything within his position as minority leader of that Committee to see that there isn't any weakening and we were also at the Judiciary Committee Offices and we were working on setting up a meeting with Attorney General Thornburgh because he was the one who had been raising the issue of weakening the remedies section," Auberger said. “They were working on that and they tried to stall so at about seven o'clock, they were closing the capitol, we all refused to leave from Bud Schuster's office and from the Judiciary Committee and there were 60 people arrested in those offices and we got out about one o'clock that night," Auberger related. He said the demonstrations seemed to work. “lt clearly had this real effect on the hill when you went up there." PHOTO (by Tom Olin): Looking from over the shoulders and head of a woman (Cassie James) on the floor sitting between the back of a power wheelchair and a desk, she is holding onto the desk with her left arm and is scrunched in. Over her head on the other side of the room 3 other people people with disabilities out of their wheelchairs (Eric von Schmeterling, Carol Marfisi and Kent Killam) are sitting on the floor. Behind them is a desk and the wall with photos on it, Congressional meomentos. Caption reads: Demonstrators sit in Rep. Bud Schuster’s (R-Pa.) office to protest his sponsorship of amendments that would have substantially weakened ADA sections dealing with transportation. All of a sudden, these representatives knew the ADA was an issue and that disabled people were here and they [the congresspersons] had that look of ‘Are you one of them that are raising all the hell?’ They had a whole different understanding of disability—that you need to see a different side of disabled people, not the side that you want to think of as poor and helpless. They clearly were educated very fast over those two days,” Auberger commented. “Now as a result of that demonstration and one in Philadelphia, the Department of Transportation (DOT) has rewritten the final regs to require all mainline systems to be lift-equipped into the future and to provide paratransit for those people who cannot get to the bus stop. These are new regs that have 90-day comment periods—the transit industry is not going" to oppose them,” he explained. Also, ADA should come to the House for a vote soon. It will be brought the the floor within 60 days and there is a lot of support for the bill, said Charles Siegal, from Speaker Foley’s press secretary’s office. ADA went through the Energy Committee without any amendments and no changes from the Senate version, Auberger indicated. “That happened while we were there and I'm sure that's why it happened that way," he said. STORY 2: by Vonne Worth A protest in Washington, D.C. by a disability group has resulted in the filing of a half-million-dollarlawsuit against the District of Columbia Court System. Americans with Disabilities for Accessible Public Transportation (ADAPT), many in wheelchairs, crawled up the stairs to the nation ’s capitol and took over the rotunda on March 13. They demanded to talk to Speaker of the House Tom Foley (D-Wash.) and Minority Leader of the House Robert Michel (R-Ill.) about passage of the Americans with Disabilities Act (ADA). “He [Foley] was not happy to come to meet with us" said Mike Auberger, organizer with ADAPT. "He didn't seem to have met with a lot of disability groups, he didn't quite know how to respond to that many disabled people and he talked about him pushing and speeding up the process and he tried to explain ‘we don’t understand the legislative process,’ and we said, ‘of course, we do, we're not totally stupid, just disabled.” “And Michel pretty much came out with the same sentiment and we let him know that he and other Republicans could be targets of the demonstration later in the week simply because they put more and more and more weakening amendments into the ADA,” Auberger added. The talk seemed to break down and the Capitol Police were called. “They were continuing to speak, we heard enough and so we were pretty much just chanting at that point ‘ADA now, now less,"' Auberger said. “At the point where we decided people could get arrested, all went to the center of the rotunda and circled there and several of us chained ourselves together with kryptonite locks," Auberger related. Within 15 minutes, 104 people, most of them in wheelchairs, were arrested, Auberger indicated. Then the police couldn’t cut through the locks. “They tried bolt cutters, they tried two different types of bolt cutters, they didn't work, so they had to bring in a hydraulic bolt cutter and it finally did work on the first one, but it broke on the second one, so they finally tried the bolt cutters again and they went through this whole process of getting these 104 people who were chanting in the middle of the rotunda ‘ADA now’ out," Auberger said. “It took about two and a half hours to get everybody out of the building since they only used one elevator which could take only one person at a time," Auberger explained. “At 1:28 Eastern time, they had to close the capitol to the public so that they could ‘get rid of all those rowdy disabled people." “They didn't have lift-equipped vehicles, so they had to lift everybody into vans and it took four or five officers to lift each chair into a van and they drive off with two chairs to a van to the police station, and then it took four or five more officers" to get them off, Auberger said. “They took everybody to police headquarters where they booked everybody and released them the next moming about one o'clock," Auberger related. It took 12 hours for the police to book 104 people. “This was a major process, them getting everybody out there," Auberger said, “lt was just a nightmare for them." The next afternoon, they went to the Sam Rayburn Building and took over offices of the congressmen on the Transportation and Judiciary Committees. About 60 people were arrested that day. The next two days were spent in court, Auberger said. “The majority of people ended up paying $10 in court costs and suspended sentences and that was pretty much it,” Auberger said. “There were five people who were given probation in their own cities from six months to a year just for being, I would suspect, ringleaders," he said. The judge in the case was disabled. “He had an arm that he couldn’t use at all,” Auberger said. Auberger said he felt the judge wasn’t sympathetic to the case. “His position was ‘You write your congressman if you want to change things,”’ Auberger said. “We all did that, clearly. It didn’t do a damn bit of good, but he wasn’t going to hear that. He pretty much gave out fines, four of them were for $100 and ten day suspended sentences and mine was $500 and a 20 day suspended sentence plus I have the longest, a year probation in-my city.” Auberger said it was rare for courts to send probation orders back to one’s home city. “Ironically, what was so incredible was the next day, when we went to file our probation papers, the building we were supposed to file our probation papers in was inaccessible,” Auberger said. “We come back to the courthouse, we talked to our attomey; unfortunately, the judge wasn’t around.” “They [had] put us all on probation and then we couldn’t get into the building to do the probation. Well, then, they told us, ‘Do it out in the hall by the courtroom.’.No. That's unacceptable. If everybody else goes into the building, we should be able to as well.” “So we’ve now filed a half a million dollar lawsuit against the District of Columbia Court System for denying us our civil rights.” About 250 people took part in the action. Copyright 1990, Different TIMES
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Independen Life Spring 1990 Article 1: Urgent Call to Action! Pass Strong ADA Now! ADA needs you! And your family, your neighbors and your colleagues — to flood Washington with appeals for justice, today and everyday, until the president signs a strong ADA! Representative Lynn Martin 815/987-4326 (local) 202/225-5674 (Wash.D.C.) 1208 Longworth Office Building Washington D.C. 20515 NO TDD AVAILABLE Lynn Martin (R-IL) must hear from as many of us as possible for two very important reasons: 1) She is a member of the House Rules committee, which determines what version of the ADA reaches the House floor. Tell her you support the Senate version of the bill. 2) Martin, who is not an ADA co-sponsor will be running for the senate this fall. Let her know that we need her support. Contact Martin and all the Illinois House members today to urge their support of a strong ADA. NO WEAKENING AMENDMENTS! The grassroots efforts targeted at the U.S. House of Representatives will determine whether the ADA is ultimately enacted in the strongest form possible. Weakening amendments are expected. Our opponents will not give up. LET'S NOT STOP NOW! If you have sent letters to the President, Speaker Foley and Minority Leader Michel, send them each two more. If you have sent cards to members of Congress, send some more. If you have visited your Congressional office with five friends, visit again with more friends, and call every week to check on the progress of the ADA. (See page 5 for The ADA Western Union Hotline Number.) PHOTO Two women smile at the camera. The woman on the right has a sign behind her head that reads "PASS ADA WITH NO WEAKENING AMENDMENTS." The other woman holds her hand in a partially raised fist. Behind both is a third woman in the shadows, who is also smiling. Caption reads: Access Living's (l to r) Bobbie Boyce- Williams, Beverly Gonzalez and Pearl Mathews support the March 12th rally in D.C. at Chicago's rally for the ADA held in the Federal Plaza. Groups through-out the country held similar rallies on the same day. PHOTO: A line of protesters in a line at the front of the ADA March, chanting as they go. On far left two older women carry a huge poster. To their right and in front George Roberts carries a poster reading "We Shall Overcome." To his right Stephanie Thomas wheels her manual chair with a sign over her legs that reads "Access is a Civil Right". Holding on to the back of her chair is Frank Lozano who is also holding the harness of his dog guide Frazier. To their right is Jennifer Keelan, a girl of about 8 years who is partially standing in her chair as she chants. An older woman (her grandmother?) is pushing the chair. She and Frank are wearing ADAPT bandannas as headbands. To their right is her little sister Kaylee, walking and holding the handle of Jennifer's chair. Stephanie, Frank, Jennifer and Kaylee are wearing ADAPT T-shirts with the no steps logo. Behind them on the right side of the street is a huge building with columns along its side. Caption reads: Close to 1,000 people joined the "Wheels of Justice" march to the Capitol, March 12, 1990. PHOTO: Looking up from below at the dome of the Capitol against the sky. In front is a huge banner reading "Injustice Anywhere is a Threat to Justice Everywhere" Martin Luther King, JR. Quote beside photo: "It was great to see the unity among the disabled people there. It was an honor to be arrested and serve time with my colleagues." -- Michael Winter, Berkeley, CA President - National Council on Independent Living, NCIL. PHOTO: Picture of Cassie James squished between the back of a power wheelchair and a desk, holding on so she can sit up. Over her head three other protesters (Erik von Schmetterling, Carol Marfisi and Kent Killam) sit on the floor against another desk. Caption reads: Sit-in at Congressman Shuster's office. PHOTO: Marchers in wheelchairs, scooters and walking make their way up toward the Capitol building. In their midst is the ADAPT flag. One man is bent over helping a person in a manual wheelchair. In the foreground a person in a wheelchair has a sign on the back of their seat that reads: Basic access to every new home. The rest is unreadable, but is the basic tenants of Visitability from the group Concrete Change. Quote below picture: "We are not asking for our rights, we are taking them." -- Barbara. Jersey City, NJ ADAPT Member PHOTO: ADAPT members in front of the White House. In the foreground a man and woman in wheelchairs sit talking. Others are on the sidewalk around them, and behind them all is a line of ADAPT protesters with their wheelchairs backed up to the fence. Quote under photo: “The best part of it was that for once we brought every different type of advocate together to form a unified force for change. There was everyone from rehabilitation professionals to independent living staff to congressional staffers to A.D.A.P.T. It really demonstrated the potential power we possess." -- Chuck Graham, Springfield. IL, Coalition of Citizens with Disabilities in Illinois. PHOTO: A slightly jumbled line of people in wheelchairs on the sidewalk next to a major boulevard. Behind them are other people standing and in wheelchairs, An ADAPT flag and another flag appear to be affixed to a nearby light pole. Toward the back of the picture someone is holding a sign reading "ADA NOW." Folks in the front of the shot are from Chicago ADAPT; most are wearing T-Shirts with the old ADAPT, no steps, logo and the woman in the very front has the Chicago ADAPT "ADAPT or Perish" T-shirt (partially obscured.) Caption reads: Joining the marchers are Dr. I. King Jordon, Paulette Patterson from Chicago, Congressman Major Owens, Justin Dart Jr. and Michael Winter, N.C.I.L. President. Quote beside photo: "I continue to feel empowered by having seen our people, in spite of most perceptions to the contrary, “stand up" for their rights." W. Michael Yeager. Washington D.C., Photographer Article 2 (The full text of this article, photos and captions appear here, in the photos it is on 536, 525 and 520): ACCESS LIVING JOINS RALLY AND MARCH ON NATION'S CAPITOL The biggest-ever national non-violent direct action sponsored by A.D.A.P.T. in support of disability rights and the Americans with Disabilities Act occurred in Washington D. C. March 12-14. The weather was unusually hot. Chicago represented one of the largest contingencies. Beto Barrera, Mike Ervin, Nancy Kelen, Ginger Lane, Rebecca Lanen, Rene Luna. Susan Nussbaum, Tom Rafferty, Judith Savage and Ora Schub represented Access Living at the historic event. MARCH 12 THE MARCH AND RALLY ON CAPITOL HILL MARCH 13 163 DISABLED PROTESTERS SEIZED AND 104 ARRESTED FOR REFUSING TO LEAVE THE CAPITOL MARCH 14 45 PEOPLE ARRESTED FOR TAKING OVER CONGRESSMEN SHUSTER'S OFFICE Photo: Marchers headed down an Avenue in DC, some are in chairs and two smiling men in white shirts and ties are in the foreground. One has his power fist raised and the other is holding a sign that says "National Association of the Deaf NAD. To: Congress, Re: ADA, Just Do It!" Caption 1 reads: "It was great being part of this movement and using our power to make things change." -- Rebecca Lanet. Chicago. IL, Access Living. Caption 2 reads: Access Living's Susan Nussbaum (far left) with DREDF's Marilyn Golden at the march. Photo: I. King Jordan standing at the plaza on the Capitol steps. Behind him you can see the top of the fountain and the upper level balcony of the Capitol as well as some fancy archways. He has a microphone in front of him and he is smiling as he addresses the crowd. Caption reads: “The time to pass this bill is now. We can wait no longer" Dr. I. King Jordan, Washington DC, President Gallaudet University A quote: "Together we shall overcome" Photo: A boy in wheelchair (Kyle Glozier) with a communication device on his lapboard. He is wearing several buttons and an ADAPT shirt. Hanging from the front of his lap board is a poster reading "We will Ride." Caption reads: An Americans Disabled for Accessible Public Transportation (A.D.A.P.T.) member. Photo: The Capitol rotunda crammed with people in wheelchairs and a few people standing. On the wall in the back is a life-sized black statue of a man from some olden times, and a humongous painting in a gilt frame. Everyone is looking toward a man in a suit who is standing next to someone doing sign language interpreting. Caption reads: “It was the most incredible amount of power a group of disabled people ever held over its government. We closed down the Capitol while people were being arrested. All visitors and staff were turned away from the Hill for several hours. Speaker of the House Foley and Minority Leader Michel who only meet in the rotunda for state occasions both came to the rotunda together to meet with us. I guess you could say that ADAPT actions are definitely occasions. " Mike Auberger. Denver, CO, ADAPT Member Photo: The dome of the Capitol rises in the background and below it is the ADAPT flag. People in wheelchairs being pushed, in power chairs, people walking, all heading toward the Capitol. Photo: Looking down into the crowd one can see the mix of people. Several are gathered around Dr. I. King Jordan. Others are sitting or standing listening or waiting. There are 2 men with mouth driven wheelchairs, one of whom is Tim Baker. There is a woman in a miniskirt and a sports wheelchair. Mike Ervin is kind of in the middle foreground. Caption reads: Michael Ervin (foreground) was among one of the 10 Access Living staff members at the A.D.A.P.T. action. Ervin is past president of Chicago's ADAPT group. Photo: Five people in wheelchairs and one standing person look toward a van. The standing woman appears to be clapping and Eleanor Smith (one of the folks in chairs) has her power fist raised. A scooter in the foreground has a Concrete Change sticker on it. Behind the group you can see the front of the Capitol, the side facing the Supreme Court and Library of Congress. Caption reads: "The impact we made was phenomenal. By arresting 104 disability rights activists, the police facilitated a very empowering situation. For eight hours as we waited to be processed through the system, we met new co-advocates, argued, debated and strengthened our political power." -- Ginger Lane, Chicago, Access Living