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Naslovnica / Skupine / Tagovi Rehabilitation Act of 1973 - section 504
+ local people with disabilities 2
ADAPT (378)
The Handicapped Coloradan October issue/Vol. 11, No. 4 PHOTO: A waist up shot of Mike Auberger in a sweater in his wheelchair with his chest strap. His face has it's customary stern look. Caption reads: Mike Auberger. Title: APTA still says no to lifts Wheelchair activists cross into Canada Wheelchair militants chased their arch enemy over the border into Canada in October, but unfortunately for advocates of accessible transit systems, the American Public Transit Association (APTA) not only came back but found time in between dodging wheelchair barricades and attending panel discussions to veto mandatory lifts on buses. APTA's board of directors voted unanimously at their national convention in Montreal to reaffirm its policy of local option while continuing to study proposals made by its Elderly and Disabled Services Task Force. APTA has been fighting mandatory lifts since the Carter administrations' Department of Transportation (DOT) first ordered transit companies to install lifts in 1979. APTA lost in U.S. District Court in 1980 but won in 1981 when the U.S. Court of Appeals ruIed that the DOT regulations were not required by Section 504 of the Rehabilitation Act of 1973. In 1983 wheelchair activists in Denver formed the American Disabled for Accessible Public Transit (ADAPT) and picketed APTA's national convention being held in Denver. ADAPT chapters rapidly sprang up in other cities, and APTA delegates soon grew used to having their annual conventions and regional meetings disrupted by hundreds of demonstrators in wheelchairs. This year's meeting in Montreal was no different. As usual, local police threw up barricades in front of the conventioneers' hotels, and as usual, wheelchair demonstrators hurled their chairs and bodies at police lines. And, as usual, they were arrested. "City police crush wheelchair protest," headlined the Montreal Daily News, next to a picture of police removing demonstrators from their chairs and passing them over the barricades. Protester Lori Taylor said the police had no right to take her husband's chair away from him. "They separated him from his legs," she said. "He can't walk, he's just sitting on the wet ground and all he wants to do is ride a bus like you and me." Police maintained that they had a right to remove Lester Taylor any way they could after he deliberately crashed his way through a metal barrier in front of the Queen Elizabeth Hotel. Taylor was taken into custody, along with 24 other demonstrators. Many of those arrested were from Colorado, including Mike Auberger, who chained his wheelchair to a handrail in the hotel lobby. Also among those "arrested" was a seven-year-old-girl from Scottsdale, Ariz. Jennifer Keelan, who has cerebral palsy, was taken into custody along with her mother Cynthia. Both mother and daughter were released later that day without charges being filed against them so that they would not be separated overnight. Cynthia Keelan said the police lifted Jennifer and her chair onto a police van using the kind of lift she and Jennifer would like to see put on every bus. She said she was very proud of her "very, very brave little girl," although a police spokesperson was quick to point out that it was the mother, not the daughter, who was actually being arrested. Most of those arrested were U.S. citizens, although a few Canadians did join the pickets. Maria Barila, a Montreal resident who was arrested, said potential Canadian demonstrators had been warned by one government agency that they could lose their welfare checks if they were arrested. Montreal police had received reports from the six U.S. cities in which ADAPT had previously picketed APTA conventions and had prepared accordingly, down to issuing officers kneepads in case wheelchair militants attempted to run their chairs into police. Perhaps in an effort to cut down on ... Continued on p.2 [Unfortunately we don't currently have the second part of this article. If you have it and can send a picture we would be very grateful. ] Second article: RTD firm in commitment to accessibility RTD has been named one of the nation's most accessible public transit systems by the American Disabled for Accessible public Transit (ADAPT), and it continues to show every sign of improving that system. On Nov. 1, RTD became one of the first transit systems in the country to offer accessible public transportation on intercity routes when 35 lift-equipped buses began rolling between Boulder and Denver. The Neoplan buses replace Yellow Cab service. Critics of lifts on intercity buses argued that they were too costly and took up to much space on already crowded buses, but when Neoplan submitted its bid to RTD, the cost was so low that the transit agency was able to buy additional buses. RTD says its new regional service shouldn't cause any delays, since its buses are already operating at a 95 per cent on-time rate. The lift-equipped buses operate between Boulder, Broomfield Park-n-Ride, Market Street Station, Stapleton Airport. and Longmont. Regular fares on the Regional AFB arc: Boulder to Broomfield, $1.25; Broomfield Park-n-Ride to Denver, $1.25; Boulder-Denver-Stapleton, $2.00. The fare for disabled individuals traveling during off-peak hours (9 a.m. to 4 p.m.) is 104. Regular monthly passes are $68; disabled riders pay $44 with their RTD Handicapped I.D. card. Ten-ride coupons are also available for this service at a cost of $18. For additional information regarding the new accessible regional service or for trip planning needs, call 777-3343 until 10 p.m. RTD also announced a get-tough policy on non-function lifts on buses being operated by private contractors. Some buses on accessible routes are now operated by private companies, even though the drivers still wear RTD uniforms and the buses carry the RTD logo. Every time one of those buses gets stopped and its lift isn't working, RTD will automatically levy a $100 fine against the private transit provider. Inset sidebar: Accessible systems 10 BEST • New York City Transit Authority (bus only) • Washington (D.C.) Metro Area Transit Authority (Metrorail) • Municipality of Metropolitan Seattle • San Francisco Municipal Railway • Alameda-Contra Costa County Transit District (Oakland, Calif.) • Regional Transportation District (Denver, Colo.) • Transit District (Eugene, Ore.) • Santa Clara County Transit District (San Jose, Calif.) • Tri-County Metropolitan Transportation (Portland, Ore.) • Southeastern Michigan Transportation Authority (Suburban Detroit) HONORABLE MENTION • Niagara Frontier Transit (light rail system only) (Buffalo, NY) • Golden Gate Bridge Highway & Transit District (San Rafael, Calif.) • Miami Valley Regional Transit Authority (Dayton, Ohio) • Sacramento Regional Transit District (Sacramento, Calif.) • Cambria County Transit Authority (Johnstown, PA) 10 WORST • Chicago Transit Authority • Southeastern Pennsylvania Transit Authority (Philadelphia) • Massachusetts Bay Transportation Authority (Boston) • Metropolitan Transit Commission (Minneapolis, Minn.) • Metro Transit Authority of Harris County (Houston, Tex.) • Detroit Department of Transportation • Port Authority of Allegheny County (Pittsburgh, PA) • Mass Transit Administration of Maryland (Baltimore) • Greater Cleveland Regional Transit Authority • Bi-State Development Agency (St. Louis, MO) DISHONORABLE MENTION • Washington (D.C.) Metro Area Transit Authority (Metrobus) • VIA Metropolitan Transit (San Antonio, Tex.) • City & County of Honolulu • Regional Transit Authority (New Orleans) • Queen City Metro (Cincinnati, Ohio)
ADAPT (413)
[This artlice continues in ADAPT 412, but the entire text is included here for easier reading.] PHOTO 1: A group of protesters in wheelchairs, in a rough line, head down the street toward the camera. In front and to one side a policeman on a motorcycle/trike. Caption: ADAPT demonstrators, with police escort, on their way from the Arch to Union Station, via Market Street PHOTO 2: Four protesters in wheelchairs block a flight of stairs in a lobby type area as people walk by. From left to right they are Ryan Duncan, Heather Blank, unknown protester, and Wayne Spahn. Caption: Demonstrators blocked access to stairways in Union Station, trying to force a confrontation with APTA officials. [No Title or author or publication given for this article on the clipping. It does not appear be the start of the article.] "They bill it as door to door service, but it does crazy things like, if you want to go from west county to the city, it will pick you up but leave you at the city-county line." Bi-State plans to expand the service in December by adding 11 lift-equipped vans and extending the service into the city. The system will also extend its hours of operation, to 6 a.m. to 7 p m. Its use in the city limits will be limited to disabled passengers, Plesko says, and, with the extended hours, disabled workers will be able to use the service to get to their jobs. While some other cities are making similar (or greater) progress — San Francisco, for one, has lifts on every one of its buses — things are still moving too slowly for the members of ADAPT. And they blame the slow pace on APTA. (ADAPT members who came to St. Louis this week stressed that they were here because of their quarrel with APTA and were not here to demonstrate against Bi-State. They said they approved of the plans Bi-State had made for the achievement of 100 percent accessibility, but nonetheless questioned the slow pace at which that was occurring.) The fight between ADAPT and APTA has its roots in the 1970s. During the Carter administration, the Department of Transportation (DOT) issued rules requiring transit systems to have at least half of their buses equipped with wheelchair lifts. Those regulatioms came out of the Rehabilitation Act of 1973, a landmark federal law that many in the disabled community point to as being equivalent to the Civil Rights Act of 1964. But APTA filed suit against DOT for its regulations and a federal court upheld APTA's argument for "local option," that is, allowing individual transit authorities to decide how they would comply with the spirit of the regulation requiring adequate accessible transportation for the disabled. Says APTA's Engelken, "These decisions are best made locally, because the local transit systems understand the needs of their passengers. For example, it would not be feasible to have a transit system for the disabled based on 100 percent lift-equipped buses in Fargo, North Dakota, because in the winter it would be almost impossible for someone in a wheel chair to get to a bus stop and wait for a bus. Able-bodied people have enough trouble (there)." Says Bob Kafka, another ADAPT leader, "(That) is one of the arguments people use for not providing transportation. They say, 'People in a motorized wheelchair can't get there, so why provide (accessible buses)?' But do you know what a person in a motorized wheelchair has to do to get to the bus stop? He has to hit a joystick. Little old ladies cleaning people's homes for years, with fallen arches, and having to carry shopping bags, no one has ever said we need special transit for them. But a disabled person who has to hit a joystick to operate his wheelchair, we need special transportation for them because it’s too cold, too snowy, too hilly, too wet, too this. "It's like were going to break, were going to fall apart." ADAPT sees APTA's insistence on local option as an attempt by the group to foster so-called "separate-but-equal” transportation systems. They say that APTA is attempting to segregate transit systems; keeping disabled passengers out of the mainstream system. ADAPT was formed in 1982 in Denver by Auberger and a handful of other members of that city's disabled community. It was put together because APTA had scheduled a convention for Denver and APTA's resistance to 100 percent accessible main-line public transportation for the disabled made the trade organization the moral equivalent of "the Ku Klux Klan and the Nazi party" for disabled Americans, Kafka says. Thirty demonstrators showed up at the first protest, and there have been eight subsequent protests, all at APTA regional or national conferences. The demonstrators model their actions after the non-violent civil rights activists of the 1960s. They block access to buses: they block access to the APTA convention sites. Some, including Auberger, chain themselves to buses or to doorways. The aim is arrest and the accompanying media attention. Auberger has been arrested at least 30 times by his own count, including this past Sunday at the Omni Hotel. ADAPT's militant tactics have drawn criticism from several corners, including others who work in the disabled community. "While we agree with the goals and-objectives of accessibility for disabled persons, we don't agree with the tactics of civil disobedience or confrontation as a means to achieve those objectives," says Ginny Weber, assistant to Deborah Phillips, the commissioner of the city's Office on the Disabled. "There are other ways to get things done," she says. "You can go through the legislative process. You can conduct public awareness campaigns. Over the last 10 years, some progress has been made. To change conditions that have been in existence for a long time takes a while. You have to just stay in there' and keep working towards it." Sheldon Caldwell, executive director of the St. Louis Society for Crippled Children, agrees. "I don't think it pleads our case well to have a group with a disruptive militant attitude. This is my personal opinion: I haven't polled my staff on this, but I don't think disruption is ever the way to go about it. But others are not as harsh in their judgment. "I take a different position (from those who criticize ADAPT)," says Paraquad's Tuscher. "I have the point of view that there are many ways to get from where we are to where we want to go. We're more likely to use negotiation, legislative action, legal action, public relations campaigns. Confrontation is not one of our methods, but I don't think it's my place to judge (ADAPT). Let history judge: let history prove whose method is the right one." About the criticism from within the disabled community, ADAPT's Kafka says, "Those who are in power are not going to give it up to you willingly. Without the push of civil disobedience, even the Civil Rights Act would never have come about." Says Auberger, "(Negotiation and public relations campaigns) delay the justice. It's not perceived as delaying justice, but it is. They are doing harm to their disabled brothers and sisters by saying, 'I don't support their tactics, but I do agree with their position.— Because other groups for the disabled receive so much financial support from corporations, they are less willing to be as direct in their demands as is ADAPT, he says. "They will eat a lot of garbage just to get half the loaf. "If you're going to change things, you have to get rid of the notion right away that you are going to be someone's friend," he says. "Be-cause someone is going to want something different than you do. The city of St. Louis and I will never be friends. The police and I will never be friends, but I won't lose any sleep over it. I know when I leave here, people will be talking about this issue in a way it hasn't been talked about before and something might change. "You look at demonstrators in history. Go back to the civil rights movement. The blacks who demonstrated weren't seen as 'nice.' If you go back further, to the women's suffrage movement, those women who wanted the right to vote weren't seen as mom and apple pie. But typically people who have been vocal about their rights are never perceived as being nice." PHOTO 1: Two men, one a plain clothes policeman and the other the bus driver, load a man in a scooter onto an accessible bus as several other people in suits and uniforms look on. Caption: St. Louts police arrested 41 demonstrators at the Sunday protest by ADAPT at the Omni. PHOTO 2: A man (Mike Auberger) with his hair pulled back tightly, wearing glasses, a beard and an ADAPT no steps T-shirt, sits in a long hall with bars of light on the walls and ceiling. He holds up his hands, fingers permanently folded at the first joint, guesturing as he speaks. He has a chest strap to hold him in his motorized wheelchair. Caption: Mike Auberger, one of the founders of ADAPT