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Forside / Albummer / Tag Rehabilitation Act of 1973 - section 504 11
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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)
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[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
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San Francisco Bay Guardian 9/23/87 Disabled to march for transit access By: Cheryl Davis When members of the American Public Transit Association gather in San Francisco during the last week of September, they will be met by disabled people from across the country who plan to demonstrate against a national transit policy they say is unfair because it separates them from other transit users. Specifically, disabled activists intend to protest the widespread use of special vans to transport disabled riders door-to-door, a system commonly referred to as “paratransit.” That system, they say, is a form of segregation. In its place, they argue, all buses and trains should be equipped to accommodate people in wheelchairs as part of as overall policy fully integrating the disabled into society. “Full accessibility,” they argue, is a right that should not be denied because of cost. Paratransit is impractical as well as offensive, disabled transit riders say. Burr Overstreet, a Santa Rosa man who uses a wheelchair, called paratransit “a paternalistic system that screws people over, costs a fortune and it’s the first thing cut during economic downturns.” Paratransit users “are made to feel like helpless hospital patients,” Les Treece-Sinclair, a wheelchair user and staff person at the September Alliance for Accessible Transportation, a Northern California coalition, told the Bay Guardian. Most Bay Area transit districts, including the San Francisco Municipal Railway, use a combination of buses with lifts and paratransit vans for disabled and elderly patrons, and California law requires that all new buses be equipped with lifts. Local transit agencies have a good reputation nationally for working closely with disabled and elderly patrons. But, even so, there are problems. “Supposedly we [in Marin] have one of the better systems,” Overstreet said. “The combination of fixed-route and paratransit should in theory be fairly effective, but it’s not. The paratransit only runs Monday through Friday, 9 am to 3 pm. Disabled riders have to reserve in advance and disabled people who work cannot use such a paratransit system either to work or to socialize.” “Paratransit doesn’t come close to meeting the transport need of elderly and handicapped people,” said Treece-Sinclair. “At the moment, on many bus lines only every third or fourth bus will be accessible.” Jose Rodriguez, a public information officer for the Metropolitan Transit Commission, told the Bay Guardian Bay Area transit districts “are working hard to meet a basic level of service but we are aware of the need for improvement. As always, this is contingent on securing needed funds.” The debate between disabled people and much of the public transit industry centers around interpretations of Section 504 of the 1973 Rehabilitation Act, which states that persons with handicaps cannot be discriminated against under any program receiving federal funds. Since mass transit relies heavily on federal funds, Section 504 serves as a rallying point for disabled activists who argue for making all public transit wheelchair-accessible. The U.S. Department of Transportation in 1979 issued regulations that required full wheelchair access on newly ordered buses and called for retrofitting existing buses and modifying portions of existing rail systems to accommodate disabled users. Disable activists applauded the regulations, but APTA lobbied Congress vigorously, claiming the regulations were costly, unworkable and designed to reach only a small percentage of the disabled population. A 1979 Congressional Budget Office report supported APTA’s claims and called instead for paratransit systems. APTA sued to overturn DOT’s regulations and the U.S. Court of Appeals for the District of Columbia ruled in 1981 that the regulations exceeded the scope of the Rehabilitation Act. DOT interim regulations gave local communities the option of determining levels of accessibility and many transit districts opted for paratransit. Paratransit advocates argue that outfitting buses with lifts and other special equipment is too expensive, given the number of disabled riders. Santa Clara County Supervisor Tom Legan, for example, said at a January board meeting, “We’re spending $3.5 million per year [maintaining] lifts for what amounts to 57 boardings per year.” But disabled activists say the official estimates of disabled ridership are too low. Palo Alto resident Brian Bolitho, who uses a wheelchair, told the Bay Guardian his commute to work alone account for more than 200 boardings per year on Santa Clara buses. Dennis Cannon, a transportation, specialist the federal Architectural and Transportation Barriers Compliance Board, told the Bay Guardian, “The actual use of accessible buses could be five times higher, or more, than transit agency estimates. The driver often simply guesses the number of obviously disabled passengers.” Much of the expense of repairing lifts, Cannon added, could be avoided by improved maintenance and better training of bus operators. Some APTA members, Canon said, are reappraising the adequacy of paratransit. James Lee, accessibility coordinator for Alameda County Transit, agreed. “Since 1976, study after study has documented the inadequacy of paratransit. It is not cost-effective, nor is it demand responsive,” he told the Bay Guardian.
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Rocky Mountain News, Wed., April 6, 1977, Denver, Colo. PHOTO by John Gordon: A large crowd of protesters, many in wheelchairs, are gathered outside a building. All are facing the building and a couple carry signs. Caption reads: Wheelchair demonstrators gather at noon Tuesday in front of federal courthouse. [Headline] Disabled protest lack of HEW action By Alan Cunningham Chanting slogans and carrying picket signs attached to crutches, more than 100 disabled persons staged a protest march and sit-in Tuesday at the federal office building in downtown Denver. Their sit-in was expected to last all night outside the regional office of the U.S. Department of Health, Education and Welfare (HEW) It was part of a nationwide protest aimed at forcing HEW Secretary Joseph Califano to sign regulations implementing a "handicapped bill of rights" passed by Congress nearly four years ago. The demonstration was peaceful, for the most part, but was marred by one incident in which a parking lot manager across the street from the federal complex allegedly assaulted demonstrator Dennis Wilcox, a quadraplegic, causing him to fall out of his wheelchair. Wilcox apparently was unhurt. The manager, James C. Chidlaw, insisted the encounter occurred accidentally as he attempted to guide stalled motorists through his lot. But, on complaints by Wilcox and another demonstrator, Chidlaw was cited into county court to face two charges of assault. Simultaneous demonstrations too part at HEW headquarters in Washington and at regional offices in Denver and eight other cities. They brought forth an assurance from Califano that he would sign the regulations “early in May," but Denver demonstrators — part of a nationwide coalition which had demanded he sign by Monday - were unimpressed. In speeches outside the federal courthouse at noon Tuesday, they declared they wanted to see immediate action by HEW, followed by an aggressive program to carry out various facets of the four-year-old law. At issue is Section 504 of the Federal Rehabilitation Act of 1973, which had never been put into effect. Handicapped groups have fought with HEW secretaries under Presidents Nixon, Ford and now Carter to force them to sign regulations which would implement the act. A federal judge ordered last year that such regulations be signed, but the matter still went unresolved. The law when it takes effect, will guarantee many of the same rights to handicapped Americans which were extended to racial minorities and to women under prior legislation of the last two decades. Its provisions are expected to force public school districts to open many more of their classrooms to wheelchair-bound students, to force employers to grant equal pay to handicapped employees and to provide more stringent civil rights guarantees to those in nursing homes and institutions. The protests brought assurances from several elected officials that they were trying to persuade President Carter to speed up action on the matter. Messages to this effect came from Gov.Lamm and U.S. Sen. Floyd Haskell, D-Colo. In addition, a Washington aide to Rep. Pat Schroeder, D-Colo., told the News late Tuesday that she was drafting a telegram asking that Carter order Califano to act. Other protests took place at HEW regional offices in Boston, New York, Philadelphia, Atlanta, Chicago, Dallas, Seattle and San Francisco. Among the leaders of the Denver gathering were Ingo Antonisch, executive director of the Mayor's Commission on the Disabled, and Don Galloway, the new executive director of the Governor's Advisory Council on the Handicapped. Even Antonisch, an Austrian-born man with a stiff German accent and a generally conservative approach, was drawn into the militancy of the event. After acting HEW regional director Ed Lapidas read Califano's "early in May" statement, Antonisch stepped to the microphone and said, "Thank you very much," which inspired a woman in the crowd to yell, "We don't thank him very much, Ingo!" Antonisch got in the spirit by declaring, "I would like to say we hear the message but we want to see the action." Galloway, a black man who has been blind since he was 16, stirred up the crowd with a brief speech reminiscent of earlier civil rights campaigns. Taking his cues, they responded with lusty cries of “Right on" Even many who had difficulty speaking loudly and clearly joined in as best they could. At one point, Lyle Peterson, master of ceremonies at the noon rally, tried to lead the crowd in a chorus of "We Shall Overcome," traditional anthem of the black civil rights movement. The song proceeded weakly for a few seconds, but died when one protestor interrupted, shouting: "We want our rights!" Immediately, the crowd picked up his line and began to chant "We want our rights!" with an enthusiasm that had been lacking in the aborted attempt to sing. BOXED TEXT: We hear the message but we want to see the action. -- Ingo Antonisch
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The Denver Post - Sat April 30, 1977 PHOTO by Dave Buresh: A fancy room inside the Colorado capitol building with Greek columns and ornately carved doors, is filled with protesters. Several are carry signs: "More job opportunities for the handicapped" and "End discrimination for handicapped." A blind African American man with a an afro, a fancy dashiki type jacket and pendant speaks into a microphone as an older white man in shirt sleeves and a necktie holds a paper in his hand. A woman standing between them looks down at the paper. Caption reads: Handicapped Demonstrate Outside of Joint Budget Committee Offices. At microphone is Don Galloway, with State Rep. Morgan Smith, center and Janet Anderson in middle. [Headline] Handicapped Rejoice at Rights Success by Jim Kirksey Flushed with the success of helping secure enactment of a “Bill of Rights" for the handicapped on Thursday, more than 200 handicapped and disabled Coloradans celebrated and demonstrated Friday at the State Capitol. A new set of regulations that puts into effect a 1973 law was signed Thursday by Joseph Califano secretary or the U.S. Department of Health, Education and Welfare (HEW). Its enactment was credited to the efforts of handicapped persons across the country, and especially to a nationwide demonstration by the handicapped three weeks ago. The law extends civil rights to the handicapped those civil rights guarantee already granted to ethnic minorities and women. THE FESTIVE CROWD gathered on the west steps of the Capitol about 10:30 a.m. to hear a number of speakers congratulate them on their success and to caution them about the future. The gathering - many people in wheelchairs, some on crutches, others with white canes or guide dogs - were told they were responsible for the victory, but were cautioned that it "it is only a beginning." not legible ...the HEW regulations would become a reality only if they are pursued, and the crowd was urged to remain united in the future for that effort. THE SPEAKERS included Don Galloway, executive director of the Governors Advisory Council on the Handicapped; Janet Anderson, administrative assistant to the council; Lt. Gov. George Brown; Wade Blank, codirector of Denver's Atlantis Community; Ingo Antonitsch, executive director of the Denver Commission on the Disabled; Diane McGeorge, president of the National Federation for the Blind of Colorado; and Ludwig Rothbein, of the Colorado Developmental Disability Council. After approximately an hour, the crowd moved inside the Capitol and presented legislators with a list urging them to: -- Promote the "deinstitutionalization" of the disabled with increased state supplemental income payments and home care attendants fees. -- Require school districts to integrate disabled students into their classrooms. -- Legislate removal of architectural barriers. -- Limit the growth of the nursing home industry as the wrong answer to problems of the disabled and handicapped. -- Investigate the nursing home industry and state institutions and prosecute cases of abuse and violations of civil rights. -- Expand affirmative action programs to include the disabled. -- Appropriate $188,000 to restore to Denver General Hospital monies for services to the mentally ill. -- Create a permanent advisory council on the disabled with the funding and power to “make effective changes." -- Establish accessible polling places for the disabled. THE GROUP stood outside the third floor office of the legislature's Joint Budget Committee and chanted, "We want to see the JBC.” State Sen. Ted Strickland, R-Westminister, chairman of the JBC, State Reps Belly Neale, R-Denver, Morgan Smith, D-Brighton, both JBC members and Robert Eckelberry consulted with the gathering for 300 minutes. Strickland, who met with them for about 20 minutes, addressed each of the listed demands by telling of action already taken and assuring them that the JBC hearings in next year's budget would be held in facilities where the disabled and handicapped could take part. Neale said the JBC “does have the best interests of the handicapped at heart," and Smith assured them that he would circulate their demands throughout the legislature.
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Red Rock Journal, Community College of Denver, vol.1, number 2, April 12, 1977 HEW Occupied Disabled Demand Rights by Jim Walker Will the forgotten minority finally be heard? Last Tuesday about one hundred and fifty disabled people gathered in front of the Federal building to demand their rights by protesting the delay of the signing of a bill by Health, Education and Welfare Secretary Califano. Between bursts of chanting and sign waving, several disabled participants lodged verbal protest against the delay. Ingo Antonisch, the executive director of the Mayor's Commission on the Disabled along with Don Galloway, the executive director of the Governor's Advisory on the Handicapped were also there to voice their discontent. Lyle Peterson, master of ceremonies, lead the group in the chanting of "We Want our Rights," while converging onto a downtown street. Clad with wheelchairs and crutches and a stretcher they continued to hold up traffic for about fifteen minutes until Denver police came to break it up. During the detainment of downtown motorists, one parking lot manager, James Chidlaw, started to detour traffic through his lot. In doing this, he came in conflict with a demonstrator named Dennis Wilcox. Chidlaw allegedly assaulted Dennis, throwing him out of his wheelchair. The manager was later cited in county court for two charges of assault. The crowd then proceeded to block the halls of the HEW regional offices on the 10th floor of the Federal Building, where Wade Blank, director of the Atlantis Community, and the participants of the rally demanded that a call be placed to Washington and the conversation be put on the portable intercom system. Califano supposedly was unable to talk at that time and passed the buck on to one of his assistants, who in turn told the angry group that the secretary intended to sign the bill after he had read it carefully. Ingo Antonisch then got on the phone and said, "We hear the message but we want to see the action." Nearly four years has gone by since Section 504 of the Federal Rehabilitation Act was made into law in 1973 under the Nixon administration. The handicapped have fought secretary after secretary under Nixon and Ford and are tired of being shoved around. “It takes $25,000 minimum price to rehabilitate a person from a spinal cord injury, yet we are thrown out into society and left there to hang and dry with our guts in the wind," said one angry protestor. The law when it takes effect, will grant the same rights as racial minorities and women as it does for the disabled. There is another rally scheduled for the 29th of April at the State Capitol. Perhaps there will be more than one person in attendance from Red Rocks Campus. PHOTO by Stephen Jalovec: A sign that reads HUMAN RIGHTS FOR DISABLED fills most of the picture, and below the sign are several people in wheelchairs. Caption reads: Handicapped persons staged an overnight protest demonstration in the offices of Health, Education and Welfare at the Federal Center downtown last week. Another demonstration is scheduled for April 29.
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Village Voice, March 4, 1986, p.27 [Headline] NAT HENTOFF: America’s Apartheid [This was part of a series of articles Mr. Hentoff wrote for the Village Voice on disability issues and people with disabilities in our society.] PHOTO in center of page, Photo credit Michael Rondou / Press - Telegram: A slight man (Bobby Hartwell) in a somewhat rickety manual wheelchair sits in front of a large city bus [number 4405]. Through the windsheild a very beefy uniformed man, perhaps the driver, stands arms resting in front of him. Behind and to the side of this first bus is a group of three police men standing and conferring. Behind them a couple of other wheelchair riders are blocking a second bus. Behind that bus a third is barely visable. Text box above the photo: “Anatomy is not destiny and never has been.” The photo caption: A demonstrator holds a bus hostage In Long Beach, California: Because of the way the bus is built, the demonstrator can't get on. [Italicized] A “caste” of. . . persons has been created [in America]. Members suffer a stigma of abnormality, inferiority, and dependency, are provided with separate facilities and programs, and are encouraged to interact only with others of the same caste. [Italicized ends] —Robert Funk, Director/Attorney, Disability Rights Education and Defense Fund, Inc. [Italicized] Black people started a movement when they were forced to sit in the backs of buses. We're not even allowed on the buses. [Italicized ends] – Julie Haraskin, during a nonviolent direct-action demonstration in Los Angeles by ADAPT (American Disabled for Accessible Public Transit) Barry Giddings is a citizen of the United States who lives in Philadelphia. In 1981, he was shot in the neck and became a quadriplegic. The only way he can get around is in a wheelchair. Until December 10, 1985, he and his brother lived in his mother's home. On that day, Mrs. Giddings and her family were evicted. She went to Philadelphia's Division of Adult Services to get shelter for herself and her sons. Mrs. Giddings was told that she and her nondisabled son would be provided shelter, but Barry Giddings would have to provide for himself. Why? Because he was disabled. The apparatchiks tried to make Mrs. Giddings understand that they had no choice in this matter. Taking care of her disabled son's needs, they explained, would cost more money than was being spent on the average homeless soul in the city's shelters. Then there were the costs of additional insurance premiums to cover the city if this quadriplegic were taken in. Then where should he go? Was this man to be thrown out into the street to lie there until he died? Not our problem, said Philadelphia's Division of Adult Services. Lest you think that the decision to wholly abandon this disabled man was made by some low-level employee devoted to the increasingly popular notion that inconvenient people should be terminated, the person who sent Barry Giddings into the night was following the policy of Philadelphia's Division of Adult Services. A relative arranged to have Giddings taken into Jefferson Hospital for the night because the staff there, unlike the folks at Adult Services, could not bear leaving him without shelter. They put him in the emergency room. The next day, he was removed to Magee Rehabilitation Hospital, although he did not require hospitalization. What he required, was a place to stay, and Magee Rehabilitation Hospital couldn’t keep him because providing shelter wasn't its' function. Barry Giddings, with the help of Stefan Presser, an American Civil Liberties Union attorney, took the city of Philadelphia to court. The class action suit charged that the city policy discriminates against homeless people who are disabled, and thereby violates their Constitutional right to equal protection under the law as well as their rights under Section 504 of the Federal Rehabilitation Act of 1973. That statute forbids discrimination against the handicapped in any program receiving Federal funds, and Philadelphia's Division of Adult Services, as part of the Department of Human Services, does receive Federal money. The city of Philadelphia quickly caved in, placed Giddings in a temporary shelter and said it would find permanent housing for him and his mother. As Stefan Presser points out, a particularly shocking thing about the case was that although the city had been engaged in a vigorous campaign to get the homeless into shelters, it had this firm policy of shutting out the disabled among the homeless. "There's no telling," Presser told me, “how many disabled people have been turned away until we got the policy changed, and who knows what happened to them? Some of the organizations for the disabled inform me that from time to time they've had phone calls from people who have been refused shelter because they're not able-bodied, but when they got to the phone booth from which the call was made, there was no one there." Ralph Ellison's Invisible Man could have a counterpart in the experiences of the nation's disabled for many, many years. As Robert Funk, Director of the Disability Rights, Education and Defense Fund, wrote in 1981: “American society, under the guise of humanitarian efforts, has developed a record, with respect to treatment of disabled persons, that is a history of isolation and discrimination inflicted upon them because of their ‘handicaps.’ This history, manifested in the attitude of ‘out of sight, out of mind,' carried out through policies of custodialism, has resulted in an ostracized, invisible minority denied access to organized society." This year, in his part of a forthcoming book, Images of the Disabled/Disabling Images, Funk makes the corollary point—— and see if any of this applies to you ---- that "the general public does not associate the word 'discrimination' with the segregation and exclusion of disabled people. Most people assume that disabled people are excluded from school or segregated because they cannot learn or because they need special protection. So too, the absence of disabled coworkers is simply considered a confirmation of the obvious fact that disabled people can't work. These assumptions are deeply rooted in history. Historically, the inferior economic and social status of disabled people has been viewed as the inevitable consequence of tho physical and mental differences imposed by disability." I know a young woman whose disability is athetosis, a form of cerebral palsy, which affects her speech and the way she walks. She is a first-class writer --- a published writer --- and a graduate of Harvard Law School. Currently in Hartford, she specializes in state regulation of automobile and homeowners’ insurance. Her name is Lisa Blumberg and she wrote me recently: "If nondisabled adults spent more time talking to disabled adults, they would learn that anatomy is not destiny and never has been." But because many disabled adults are segregated from the rest of the population, misconceptions about them, along with ignorance of who they actually are, continue to create more discrimination. For instance. Michael Landwehr of the Council for Disability Rights in Chicago, born with spina bifida, was disabled during surgery when he was 12. He is a graduate of the University of Illinois. Landwehr watched with great interest when in 1973 Congress enacted Section 504 of the Rehabilitation Act forbidding discrimination against the disabled in any programs or activities that receive Federal funding. So what has Michael Landwehr's life been like since 1973? “I have been denied an apartment based on my disability," he says. “Last year I was uprooted from home when the commuter train I took to work refused to let me continue riding without an attendant. I was told I could not buy a ticket in the first-class section of an airliner unless I also purchased a ticket for an attendant. I have been denied jobs and promotions on the basis of my disability. Every day I am denied access to public transportation. [He is in A wheelchair.] “Hundreds of thousands of disabled persons remain incarcerated in nursing homes and institutions, isolated from every aspect of community life, denied their right to vote, denied the right to education and employment. Disabled people remain the most unemployed and underpaid group in the country. For every dollar earned by a nondisabled white male, a disabled white male earns 52 cents, a disabled minority male earns 25 cents, and a disabled minority woman earns 12 cents." But the disability rights movement is gathering momentum and has already brought about some changes. Accordingly, by the end of this decade, there is likely to be a stretching of public consciousness concerning this form of American apartheid that has largely been ignored during the rise of all the other movements for equal protection under the law-—blacks, women, Native Americans, homosexuals and lesbians, Hispanics, et al. Future columns will include an exploration of the nonviolent direct-action arm of the disability rights movement, which is currently the most vigorous continuation of the Martin Luther King-Saul Alinsky legacy. The series will also go into the history of legislation and court action concerning the disabled; the seemingly infinite ways in which the disabled are distorted, sentimentalized, and underestimated by the press, television, and films; a battery of very specific legislative recommendations by the disabled; and a good deal more. One of the underlying themes is a comment by Vassar Miller, who has published eight volumes of poetry, one of which was nominated for the Pulitzer Prize. In her early sixties now, she was born with cerebral palsy. “What handicaps me far more than my physical condition," she says, “is the reaction society has to it. And, no less important, my reaction to society's reaction." Vassar Miller has edited a new book, Despite This Flesh (University of Texas Press), an extraordinarily illuminating collection of short stories and poems about the disabled. If public television had any imagination, a striking series could be made from Despite This Flesh. It ranges from pungent, poignant, and sharply funny evocations of childhood to a resoundingly erotic poem about a paralyzed man, "Seated Nude" by Richard Ronan. In her introduction, Vassar Miller tells of how, when she was a child, before there was ever such a thing as special education or mainstreaming, her stepmother “had tried to enroll me in a private school. ‘They just looked at me and started talking about God!‘" her stepmother said in dismayed tones when she came home. By the time the 1980s are over, a picket line of the disabled might elbow God aside and change the admissions policies of a school like that. The pressure is rising inside the disabled to break out of their caste, to be visible, to be part of whatever the hell's going on that they want to be part of. Consider ADAPT (American Disabled for Accessible Public Transit). In a number of cities around the country, its members have been demonstrating and getting arrested in protests against the lack of lifts on buses and the absence of ways of enabling the disabled to use other forms of public transportation. On October 6 in Los Angeles, a march of some 280 disabled ended at the Westin Bonaventure Hotel, where the American Public Transit Association was holding a convention. This was the scene, as described in The Disability Rag (Box 145, Louisville, Kentucky): "Attempts by ADAPT members to descend to the main lobby of the Bonaventure on the one elevator connecting the lobby with the street level were met with police resistance. Security forces turned off the elevator and escalators. Police blocked doors to prevent other disabled people from entering the hotel. Chants of ‘We Will Ride!‘ filled the Bonaventure from protesters inside and out. A number of ADAPT marchers, determined that conventioneers would not be able to use the escalators either, tried to block the escalator entrances or to throw themselves down the steps....By Monday, the Bonaventure had become a police-held fortress.“ I bet you never thought disabled people could do anything like that. It's just the beginning. As an ADAPT organizer yelled at a crowd of the disabled in Los Angeles, “We've got to get over our slave mentality!"
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[no source or date included] ADAPT has been targeting APTA because of a lawsuit which APTA filed and ultimately won. Under the Carter Administration, the Department of Transportation (DOT) issued regulations in response to 504, which required all new buses to have wheelchair lifts. APTA filed suit saying that congress didn't intend 504 to put undue financial demands on the local transit authorities. The requirement for every bus to be lift-equipped was costly and cumbersome. APTA lost in the lower court, but appealed. The appeals court agreed with APTA that 504 didn?t mandate that all buses be lift-equipped. At present, every transit authority must make an effort to provide service to the elderly and disabled populations. There is an upper limit on the amount of money which must be spent on this service. Since para-transit is an expensive way to provide transportation services, the demand often exceeds the service available. California and Michigan have state laws requiring fully accessible transportation. In other states, transit authorities have started removing lifts from buses saying it is their "local option" to provide a fixed amount of para-transit instead of providing fixed route service. ADAPT promises to see APTA next year in Detroit.
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Denver Post, Issues, 10/6/85, no page number [Headline] Transit leaders to face protests from disabled By Jack Farrar Special to the Denver Post The American Public Transit Association will run into some political street theater when it rolls into Los Angeles today for its annual meeting. Waiting for the group will be a militant cast of handicapped individuals, including members of a Denver organization called Atlantis, who want full accessibility to the nation's public transportation system. As APTA delegates convene at the Westin Bonaventure Hotel, more than 100 people in wheelchairs – members of the American Disabled for Accessible Public Transit – will be “marching” single-file from MacArthur Park, more than a mile away, to begin a week-long series of demonstrations. They won't have a parade permit. They haven't asked for one. Through such acts of civil disobedience, the demonstrators hope to force the APTA, public officials and the news media to think about what they consider to be the most pressing issue facing the handicapped: access to public transportation. One contingent of protesters will be led by Wade Blank, a 44-year-old Denverite who cut his activist teeth in the 1960s, marching with blacks in Alabama and peaceniks in Ohio. Access 'a right'[boldface] Blank is the founder and executive director of Atlantis, one of ADAPT's most militant member organizations. “Jobs and education don't mean much,” Blank argues, “if you can't take a bus to get there. Accessibility to public transportation – moving from one place to the other – should be a right, not just a consumer service.” For the past three years, ADAPT, largely under Blank's leadership, has demanded that APTA adopt total accessibility for the handicapped as an official policy rather than as an objective. Transit association officials have responded by citing numerous improvements made in service for the handicapped – improvements that the handicapped have applauded – and contends that total accessibility is financially impractical. “We have not ignored the handicapped,” says APTA Deputy Executive Director Albert Engelken. “Accessibility is a compelling issue. But total accessibility is an enormous undertaking, and with federal dollars shrinking, our resources are limited. In any case, it is not the role of an association like ours to establish policy.” Disabled activists, however, believe the costs of accessibility are distorted by the transportation industry. Moreover, they argue, the issue is civil rights, not economics. “Public transportation is a tax-supported system,” Blank says. “The handicapped pay taxes. It's as simple as that. How would the average taxpayer feel if he was denied access to a facility he paid for?” Long regarded as a quiet minority, disabled individual recently have added a more confrontational approach to their struggle for equality, and the man frequently in the front lines of that movement is Blank, whose long blond hair and granny glasses evoke the image of the 1960s activist. He encourages the handicapped to take to the streets when they feel their demands are being taken less than seriously. Members of Atlantis have made headlines locally and nationally with their tactics in Denver – chaining themselves to seats of fast food restaurants, occupying intersections that don't accommodate wheelchairs, and blocking the entrances to buildings with architectural barriers. Rules watered down [boldface] Progress in making public transportation available to the handicapped can be traced to the Urban Mass Transit Administration's adoption of Section 504 of the Rehabilitation Act in 1979. [sic] Section 504 generally made it illegal to exclude any individual, by reason of handicap, from any program receiving federal dollars. UMTA's regulations stated that all new buses purchased with federal money must include wheelchair lifts and aimed for 50 percent of peak-hour accessibility on regular bus routes. RTD standards strict [boldface] The Regional Transportation District in metropolitan Denver has adopted accessibility standards that are more stringent than required. Even after Section 504 regulations were softened in 1981, RTD's board chose to maintain its commitment to provide 50 percent peak-hour accessibility on all routes, and 100 percent off-peak accessibility. And RTD will soon become the first public transit system in the United States to introduce wheelchair lifts on its larger, regional commuter buses. Despite such advances, Blank will not be satisfied until disabled individuals throughout the United States can board and ride a bus whenever and wherever the able-bodied do the same. “We simply want APTA, as the association which speaks for the public transportation industry, to declare its intention to make the system accessible. We know it will take time. But isn't this the country that put a man on the moon?”
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This story continues from the articles in ADAPT 217 and ADAPT 211. The text is included in ADAPT 217 for easier reading. Three photos. Photo 1: At the bottom of an escalator a mass of people in wheelchairs gathered together, Julie Farrar in the center, holding a picket sign: “APTA DESTROYED 504”. Photo 2: A man, Chris Hronis, lying on his side on the floor, handcuffed behind his back, surrounded by four or more police standing over him. Photo 3: Through the window of a van you see two man, Chris Hronis in back and Bob Kafka in front of him, sitting in wheelchairs. Both are handcuffed behind their backs.
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Los Angeles Herald 10/7/85 Two photos on right side of page. Top PHOTO: Looking down from above at a busy street corner, with a curb cut. A bus stopped at the curb is completely surrounded by dozens of protesters in wheelchairs and some standing. Several have signs and they go from the front, along the outside of the bus and out behind off the edge of the picture. The second lane is empty of cars, and the third lane is stacked with cars. On the sidewalk beside a big building is another large group of the protesters, most with signs. A couple of people are moving between the two groups. Lower PHOTO: A man (Bill Bolte) in a motorized wheelchair wearing a tall cowboy hat and a sign around his neck, glasses and a salt and pepper beard, is flanked by a police officer on each side. They lean forward, one is driving the chair, the other resting his hand on the armrest. Behind them a mass of people is just visible. Photo caption: Wheelchair-riding demonstrators demanding special lifts on public buses fill the streets around the Bonaventure Hotel, above, while one of them. Bill Bolte, below, is arrested. [Headline] Wheelchair-bound demonstrators tie up mass transit meeting By Philipp Gollner Herald staff writer 10/7/85 Eight wheelchair-bound protesters were arrested yesterday while close to 200 others jammed the lobby of the Bonaventure Hotel downtown to demand greater access for the disabled to public transportation. The demonstrators, members of about 15 disabled-rights advocacy groups from around the country, are demanding a federal law that would order all public transit operators to install automatic wheelchair lifts in buses. Such a law existed as part of the Federal Rehabilitation Act of 1973, but was successfully challenged in court six years ago by the American Public Transit Association, a trade group representing more than 400 transit districts nationwide. The association began its four-day annual convention yesterday at the Bonaventure, and protesters picked the occasion to voice their demands. “We're going to show the American (Public) Transit Association that we don't take crap and we're going to let them know that we are not passive crips," protester Bill Bolte, who has been on crutches or confined to a wheelchair for 52 of his 54 years, told demonstrators at the start of yesterday's protest. The demonstrators rode their wheelchairs down Wilshire Boulevard from MacArthur Park to the Bonaventure, where they hoped to talk to association executive vice president Jack R. Gilstrap and visit convention exhibits. But police blocked elevators and escalators leading to the convention floor, and after about 40 minutes, officers began handcuffing protesters who refused to disperse from fire exits of the second-story lobby where they had assembled. As police carried a wheelchair-bound demonstrator from the lobby, a sympathizer shouted: “Why don't you handcuff his legs? He might run away.” Six wheelchair-bound protesters blocked the path of a departing Airport Express bus that they said was not equipped with a lift. The bus was able to leave after police lifted the protesters and their wheelchairs onto the sidewalk. Inside the hotel, startled guests looked on as protesters chanted “we will ride" and “Gilstrap, Gilstap, where are you?" Seven of the eight protesters who were arrested were driven by specially-equipped vans to the county‘s Central Jail, where they were booked for failure to disperse and interfering with police. One female protester was taken to Sybil Brand institute for Women. All eight were being held last night on $500 bail each. “We certainly aren't unsympathetic to the people involved, but we are responsible for enforcing the law,” Deputy Police Chief Clyde Cronkhite, commander of operations at Central Bureau, told reporters following the arrests. in addition to demanding wheelchair lifts in all public buses, demonstrators at yesterday's protest demanded that the association fire its president, Gilstrap, and pass a resolution pledging commitment to restoring wheelchair access legislation. Albert Engelken. the association's deputy executive director, told reporters yesterday that "Mr. Gilstrap has no intention of resigning" and that there are no plans to vote on any resolutions proposed by the protest groups. Engelken said the group opposes federal wheelchair access laws mainly for what he called "geographical and climatic reasons." The lifts are cumbersome in snow and on curved roads. he said. In addition, it would cost transit districts nearly $270 per disabled passenger boarding if such legislation were implemented, he said. Usha Viswanathan, spokeswoman for the Southern California Rapid Transit District, said the district spends between $15,000 and $20,000 for each automatic lift that it buys. Viswanathan said 1,891 of 2,445 active RTD buses are equipped with lifts. Engelken said the association prefers decisions over access legislation to be made at the local level. But demonstrators at yesterday's protest believe that federal legislation is needed to guarantee the civil rights of the disabled. They argue that current policies violate their constitutional right to equal protection of the laws. "The small things in life that non-disabled people take for granted we have to work harder for," Christina Keeffer. who suffers from cerebral palsy, said. "l'm 42 now and I don’t want to wait until I'm 75 to get the changes."