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Degemer / Rummadoù / Merker Warren Franks 3
ADAPT (202)
Handicapped American, 12/84 Two articles: Article #1: [Headline] Anti-APTA Protest Grows as Disabled Demand Bus Lifts Disabled activists in several states are pressing the attack against the American Public Transit Association (APTA) in an attempt to persuade that organization to support wheelchair accessibility. At its seventh annual delegate assembly in November, the Coalition of Texans with Disabilities [CTD] urged all transit providers in that state to withdraw from APTA. “It is the urgent desire of CTD and its 77 organizational members across the state that Texas become a model of full, equal access to all transportation systems," according to the CTD resolution. CTD President Marshall Mitchell said that APTA'S transportation philosophy “is a powerful tool for discrimination and denies the vast majority of disabled persons equal access to the community." CTD is also opposed to paratransit as an alternative to wheelchair lift equipped buses because this "provides disabled people only limited use of the locally operated transit systems in all Texas cities." Mitchell said that not only does paratransit violate the equal protection clause of the l4th Amendment but operating two separate systems "is infinitely more expensive than would be totally accessible systems with only limited door-to-door service to meet the needs of those who could not use mainline service." APTA is holding a Western Regional Conference in San Antonio in April (see related stories). Meanwhile in November a spokesperson for disabled groups in neighboring Louisiana has requested that APTA's board of directors reverse its position on accessibility. Susan M. Daniels, in a letter to APTA chairman Warren Franks, said that "disabled people will no longer sit quiet while their rights are abridged." Daniels points out that the Regional Transit Authority which serves the Greater New Orleans area is not accessible, making it impossible for disabled people in that city to participate on an equal basis in community activities with nondisabled persons. In California, disabled activists are seeking to cut off the flow of public money to APTA. At its December meeting, the California Association of the Physically Handicapped (CAPH) passed a resolution calling upon various branches of the federal government to withhold funds earmarked for APTA because such payments represent "a misappropriation of public funds." More than 60 percent of APTA's operating money comes from public funds, according to the CAPH resolution. CAPH charges that this money is being used in part “to deny handicapped individuals the benefits of transportation services requiring federal financial assistance." In addition to blocking the flow of federal dollars to APTA, CAPH urges "that all public transit agencies be prohibited from paying APTA dues" while any investigations of APTA are in progress. Article #2: [Headline] Texans Plan San Antonio Showdown Chances are if you board a public bus anywhere in Texas you won't find any riders in wheelchairs. That's all going to change if Jim Parker of El Paso has anything to do about it. Parker and several other people in wheelchairs from across Texas have organized the state chapter of the American Disabled for Accessible Public Transit (ADAPT), a new national group that is trying to force bus companies and manufacturers to equip all buses with wheelchair lifts. In 1979, the Carter administration's Department of Transportation mandated such a policy, but the American Public Transit Association (APTA) successfully fought those regulations in court, arguing that it was a judgment best left to the discretion of the local transit provider. Disabled activists argued that such "local option” policies are no different from the old states’ rights arguments used in the South to block integration and lead to policies similar to "separate but equal" laws. Reagan's Department of Transportation has generally sided with APTA in this dispute and has suggested that paratransit services could provide similar service to the disabled at less cost. Opponents of lifts argue that they're unreliable. In Houston, Metro's Grumman Flexible buses’ wheelchair lifts were removed because the company said they caused too many maintenance problems. Continued on p. 4
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Handicapped Coloradan, vol 7 no 5, December 1984 [Headline] ADAPT HEADS FOR SAN DIEGO The executive board of the American Public Transit Association (APTA) has agreed to vote on a resolution calling upon the nation’s transit systems to provide accessible mainline bus service. That vote will take place when the executive board meets in San Diego Feb. 9 or 10. Wade Blank, a spokesperson for the group pressuring APTA to endorse the resolution, said he expects that the APTA board will summarily vote it down. Two years ago the American Disabled for Accessible Public Transit (ADAPT) put such a resolution before the national convention of APTA when it met in Denver. While APTA allowed the presentation, it refused to vote on the resolution. Twenty-eight ADAPT members were arrested for civil disobedience outside the convention hall when APTA met in Washington, D.C., in October 1984. Following that convention, ADAPT asked new APTA chairman Warren Frank, director of the Syracuse, N.Y., transit system, for a meeting to discuss accessibility. Frank responded by reiterating his opposition to mandatory accessibility. “The transit industry has thoroughly studied the matter and as a result strongly endorses current federal requirements which provide the flexibility for each local community to meet the needs of their handicapped citizens with specialized services or full accessibility or a combination of both," Frank said in a letter to Blank dated Nov. 2. Blank wired this response: “Your letter . . . is a sign of your bad faith and lack of moral resolve when it comes to the rights of disabled people. To offer us a statement of APTA's policy toward the disabled citizen and indicate your unwillingness to be flexible is no different than Governor Wallace standing in the doorway to prevent blacks from integrating." The telegram concluded with a warning that ADAPT would show up at the Western Regional Convention of APTA in San Antonio, Tex., April 20-24. Frank finally agreed to meet with representatives of ADAPT in Chicago Dec. 6. Frank was accompanied by APTA attorney Robert Batchelder and executive vice president Jack R. Gilstrap. Gilstrap, who runs the daily APTA operations, has been the target of a number of vocal attacks by ADAPT members. "For the first time Jack Gilstrap actually shook my hand and smiled at me," Blank said after returning from the Chicago meeting. APTA agreed to allow ADAPT to make a 20-minute presentation of the merits of accessibility at the San Diego board meeting. APTA further agreed to provide the names and addresses of board members so that ADAPT could lobby them in advance of the meeting. ADAPT has said it will cancel the demonstration in San Antonio in the unlikely event the APTA board supports mainline access in all cities. In the meantime, ADAPT has continued working on plans for the San Antonio convention. Organizers believe the smaller nature of that regional convention will make it easier for them to disrupt it. Blank said ADAPT intended to be at every APTA meeting until they agree to total accessibility. ADAPT is still working with Rep. Pat Schroeder's (D-Colo.) office on a fundraiser to help pay the bond money for the 28 demonstrators arrested in Washington during the October APTA convention. The Washington chapter of ADAPT has pressured the Washington Metropolitan Area Transit Authority (WMATA) board of directors to establish a policy that all newly purchased buses will be equipped with wheelchair lifts. WMATA was to vote on that resolution Jan. 10.
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THE HANDICAPPED COLORADAN Volume 7, No. 3 Boulder, Colorado October 1984 PHOTO: A man in a leather brimmed hat, long hair beard and moustache down vest and jeans, seated in a motorized wheelchair (Mike Auberger), leans to his right as he is surrounded by abled bodied people. Back to the camera, a man plain clothes is partially in front of him, papers sticking out from his back pocket. A uniformed officer is also back to the camera and is holding Mike's arm which in front of Mike. A second uniformed officer is doing something behind Mike's back while a woman stands up on the sidewalk to his side watching with her hands on her hips. (She was an organizer with National Training and Information Center and was assisting with the Access Institute.) cation reads: D.C. Police Arrest Denver Disabled Protestor MIKE AUBERGER, a community organizer for the Atlantis Community in Denver and a member of the American Disabled for Accessible Transit (ADAPT) is arrested by Washington, D.C., police outside the Washington Convention Center where the national convention of the American Public Transit Association (APTA) was just getting under way. A spokesperson for APTA said that the demonstrations only delayed the start of the convention by a few minutes. Inside the convention hall Secretary of Transportation Elizabeth Dole abandoned her prepared text and said the administration was working to provide public transit for the disabled. Outside the hall, demonstrators branded the secretary's plan as another “separate but equal" scheme and demanded that the federal government require all public transit systems be made accessible to the handicapped. Demonstrators not only blocked the entrances to the convention but also surrounded chartered buses that took delegates from their hotel to the convention center. The disabled activists represented a number of cities, including Denver, Syracuse, N.Y., Boston, El Paso, Los Angeles and Chicago. Additional photo on page 4. 28 Busted in D.C. The 28 disabled activists who were arrested for civil disobedience during the national convention of the American Public Transit Association (APTA) in Washington, D.C., last month are trying to raise $1500 to make their bail money by a Dec. 3 deadline. At the same time, they're preparing to carry their demand that the APTA members buy only wheelchair-lift equipped buses to the transit organization's regional convention in San Antonio on April 20. The Texas contingent from the American Disabled for Accessible Public Transit (ADAPT) under the leadership of Jim Parker of El Paso has been especially militant in their demands. Taking their lead from an editorial in the September Handicapped Coloradan, a coalition of of Texas disabled groups met in San Antonio and voted to ask transit systems in Texas to withdraw from APTA unless it goes on record supporting accessibility. The Colorado chapter of ADAPT was planning to introduce a similar resolution to Denver’s Regional Transportation District (RTD). APTA's position is that accessibility should be left to the discretion of the local transit provider, Although the Carter administration mandated accessibility in public transit, APTA was successful in getting that ruling thrown out in a l98l court battle. ADAPT maintains that the disabled have a civil right to public transit. Jack Gilstrap, APTA's executive vice president, reiterated that position as wheelchair demonstrators seized buses in front of the White House and hurled their chairs at police lines outside the Washington Hilton and Washington Convention Center during APTA's late September meeting. Gilstrap said that the funds just weren't there to support a mandatory system, adding that the additional burden might jeopardize some transit systems. However, since the convention ADAPT has been approached by APTA's new president, Warren Franks, the director of the Syracuse, N.Y., transit system, who has requested a meeting in Denver with wheelchair activists. "The Syracuse ADAPT group has been pretty active," said ADAPT spokesperson Wade Blank. "Franks must be pretty worried about what might happen there if he wants to meet with us.“ ADAPT was organized in Denver one year ago by some of the same groups and individuals who had been involved in forcing RTD to adopt a pro-accessibility policy when purchasing new buses. That battle too was highlighted by militant demonstrations with wheelers chaining themselves to the doors of RTD headquarters. In contrast, demonstrators restricted themselves to orderly pickets when APTA held its national convention in Denver in 1983. But ADAPT only abandoned its plans for civil disobedience after APTA met its demands to address the entire convention on accessibility. APTA's national staff fought that request and allegedly threatened to pull the convention out of Denver at the last minute, but finally agreed to allow ADAPT to address the meeting after Denver Mayor Federico Pena intervened. There was no question that ADAPT would be offered the same treatment at the Washington convention. Although they didn't get a spot on the agenda Blank said his group made their point by capturing the attention of the capital's media. Even before the convention opened, ADAPT made its presence known by joining forces with local D.C. activists to seize seven Metrobuses and block the five blocks along Pennsylvania Avenue in front of the White House during the afternoon rush hour. Demonstrators released the buses an hour later when D.C.’s Metro General Manager Carmen E. Turner agreed to meet with Washington disabled leaders to discuss their demands for a fully accessible system. No date has yet been set for that meeting, which ADAPT said marked an historic first in the Washington area. No arrests were made during that demonstration, although Washington police moved several demonstrators out of the street. But on the following Monday and Tuesday 28 demonstrators were arrested as they tried to block buses leaving the Washington Hilton for the convention center and again at the convention center itself. The police threw up lines as picketers arrived but were unable to halt the advance of the demonstrators, who wedged their chairs in the hall's doors or hurled their bodies onto the ground. Mike Auberger, one of those arrested, said the police "were abusive -- there's no doubt of that," but he added that this was probably pretty typical. “Let's face it," he said, "these guys probably have to deal with demonstrators all the time." They don't mess around when they get started. Auberger said he was grabbed by the hair and pulled back so that his chair was resting on its back wheels. Two other demonstrators were thrown from their chairs and taken to local hospitals where they were released after being treated for minor injuries. Police had to bring in special vans with wheelchair lifts in order to cart demonstrators off to jail, where they were fingerprinted and rushed into court. "Only the doorway between the holding cells and the courtroom was too narrow to get our chairs through," Auberger said, "so they had to take us in the back way." Some of the disabled picketers were surprised that the police reacted with such force, according to Auberger. "l think it opened a few eyes," he said. ADAPT filmed the demonstration, and a 20-minute edited version is being shown as part of a fundraiser to pay the bails of those arrested, about half of whom were from Denver. Congresswoman Pat Schroeder (D-Denver) has agreed tn help raise money, but because of previous campaign commitments said she would be unable to participate until after the first of the year.