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ADAPT (246)
THE CINCINNATI ENQUIRER Wednesday, May 21, 1986 [This article continues in ADAPT 245, but the entire text is included here for easier reading.] [Headline] Handicapped bus protests to continue [Subheading] Judge offers three protesters choice of jail or leaving city BY DAVID WELLS and JAMES F. McCARTY The Cincinnati Enquirer and ENQUIRER WIRE SERVICES The issue of handicapped people and their accessibility to mass transit reached a peak Tuesday locally and nationally, sparking protests that were expected to go on today. In Cincinnati, a judge ordered three handicapped protesters who had been arrested to leave the city or go to jail. One of the men, a native Cincinnatian, chose to ignore the edict, and his bail of $3,000 was revoked late Tuesday. In Washington, D.C., the Department of Transportation issued long-awaited criteria for making the nation's public transportation systems more accessible to 20 million handicapped people. Neither decision was well received by the handicapped community. The Rev. Wade Blank of ADAPT (American Disabled for Accessible Public Transportation) said late Tuesday that a dozen or more of its members were planning an act of civil disobedience in Cincinnati today that he expected would get them all arrested. “We decided that to leave Cincinnati under the present atmosphere of basic human rights violations, would be to ignore our moral obligations," Blank said. George Cooper, who was arrested Monday said, “I thought my hometown of Dallas was conservative, but Cincinnati is more conservative." Cooper arrested Monday with two other members of ADAPT on charges of disorderly conduct during a demonstration at Government Square. Hamilton County Municipal Judge David Albanese imposed the sentence on the the ADAPT protesters. Late Tuesday, police spotted ADAPT member Mike Auburger, a former Cincinnatian who lives in Denver, driving a car through the -- city—an apparent violation of Albanese's order to leave the city. Cooper and Robert Kafka, Austin, Texas, were arrested after they crawled up the steps of a Queen City Metro bus, paid their fares and demanded the right to ride. Auburger was arrested when he tried to grab a wheel of the same bus as it pulled away from the stop. Metro's Assistant General Manager Murray Bond said disabled persons were not permitted on regular coaches because the company does not think it is safe. Metro provides wheelchair lifts on Special Access buses. but Bond said the cost of installing wheelchair lifts on regular buses would be prohibitive. Defense attorney Joanie Wilkens said after Tuesday’s hearing that she considered Albanese's order unusual but that ADAPT did not have the time or resources to fight it in court. ADAPT members were in Cincinnati to protest policies of Queen City Metro and the American Public Transit Association, which is having a convention at the Westin Hotel. In Washington, DOT's issuance of a final regulation requiring transit systems to provide reasonable alternative transportation for the handicapped contained no surprises. Many transit systems have been moving for several years toward providing alternatives such as van service or a taxi voucher system for handicapped passengers. But ADAPT and other national disability rights groups, dismayed by the new rule, almost immediately filed federal lawsuits against DOT to block the move. Handicapped representatives said the new rule fell far short of carrying out the law. A federal court in 1981 ruled that a federal requirement that all transit systems be accessible to the handicapped was too much of a financial burden. It told the Urban Mass Transportation Administration to develop new requirements that would assure that the handicapped are provided service. Under the final rule announced Tuesday, a transit authority must establish some alternative services for the handicapped if the regular bus or rail service can not be made accessible. Other members of ADAPT continued to picket in their wheelchairs in front of the Westin Hotel on Tuesday. The group suspended a wheelchair from a wooden cross. It symbolizes how the disabled are being crucified," said Bill Bolte, who helped to hoist the chair. PHOTO -- The Cincinnati Enquirer/Fred Strau: Two protesters hang a wheelchair on a large wooden cross. One man in a cowboy hat and plaid shirt (Joe Carle) steadies the cross and the chair from below, while a second man (Jim Parker) stands and pulls the manual wheelchair higher. Behind them several other protesters (including Joanne ____) watch and stand by extensive police barricades in front of the APTA convention hotel. Caption reads: Joe Carle, left, and Jim Parker chain a wheelchair to a cross Tuesday outside the Westin Hotel. The two were among several members of the American Disabled for Accessible Public Transit demonstrating against City Metro and the American Public Transit Association which is meeting at the Westin.
ADAPT (248)
Cincinnati Enquirer 5/28/86 Disabled protesters released on promise to leave city by David Wells, The Cincinnati Enquirer Leaders of last week's disabled rights protests of Cincinnati left jail four days early Tuesday after Municipal Judge J. Howard Sundermann agreed to reduce their sentences. Last Friday, Sundermann sentenced Robert Kafka of Austin, Texas, George Cooper of Dallas and Michael Auberger of Denver to spend 10 days in jail for disorderly conduct. The judge gave each man credit for two days already served, but said they would have to remain incarcerated until this Friday. He modified those sentences Tuesday, saying the medical condition of at least one man seemed to be deteriorating and all three promised to leave Cincinnati if released. The men are members of American Disabled for Accessible Public Transportation (ADAPT). They came to Cincinnati last week to demonstrate against the American Public Transit Association, which was holding a convention at the Westin Hotel. The group also demonstrated against Queen City Metro in an effort to get the company to include wheelchair lifts on all new buses. The rest of 17 protesters arrested last Wednesday with Auberger, Kafka and Cooper were released by Friday, but Sundermann said the three leaders deserved more severe sentences than the others because they disobeyed an earlier court order. The three first were arrested for disorderly conduct May 18 during a demonstration against Queen City Metro at Government Square. They were released on bond and told to stay out of Cincinnati until their trials. Sundermann modified that order last Wednesday morning, saying the men could rejoin the ongoing protests as long as they did not break any laws. Within three hours, Kafka, Auberger and Cooper were rearrested, accused of blocking the Fourth Street entrance to Metro headquarters by chaining their wheelchairs together. “They apologized for that this morning," Sundermann said. “They said they just got caught up in the spirit of the protest.” Sundermann agreed to reduce the sentences on a motion from defense attorney Joni Wilkens, who noted that Auberger had been taken to University Hospital Sunday because of a recurrent medical problem related to his disability. Assistant City Prosecutor Charles Rubenstein did not object to the reduction of the sentences. All three men are confined to wheelchairs, and Wilkens said she was afraid continued time in jail might impair their health. After leaving jail Tuesday, Kafka said the three “felt we had made our point and raised awareness (of) the problems of the disabled."
ADAPT (253)
The Cincinnati Post Tuesday May 20 - Photo by Lawrence A. Lambert/The Cincinnati Post: A man (Jim Parker) in a big straw hat and a manual wheelchair sits holding a wooden structure on his feet. Beside him, on his left, a man with dark hair and a dark beard (Frank Lozano) kneels, attaching a folded manual wheelchair to the crossed wood. To his left, another man (Bob Conrad) in a power chair a jacket and an ADAPT shirt, with the access symbol and an equal sign in the wheel, points at what Frank is doing and looks off to his right. Over Bob's right shoulder you can see Bobby Simpson and an African American woman (Gwen Hubbard?) up against some police barriers; the woman is talking with someone. To their right and over Frank's head you can see another man in a wheelchair watching as a woman stands beside him. Over Jim's shoulder you can see another protester in a wheelchair. In the background is the cavernous black of the hotel entrance which is blocked by metal barricades and guarded by police. caption reads: Three members of a national group protesting lack of access to public transportation prepare to lift a cross bearing a wheelchair into place today in from of the Westin Hotel as part of a demonstration. The three are Jim Parker, left, Frank Lozano and Bob Conrad. Title: Activists ordered to leave 3 protesters awaiting trial By Edwin: Blackwell, Post staff reporter Three wheelchair-bound activists were ordered by a judge today to get out of town until their trials or face being jailed on disorderly conduct charges. “This is ludicrous and unconstitutional," said Robert Kafka of Austin, Texas, one of the three. "We got on a public bus and so he is throwing us out of town." The order came after a night when 15 other members or American Disabled for Accessible Public Transportation pitted their wheelchairs against the steel frames of buses in a protest over the rights of the handicapped to public transportation. The protesters rolled their wheelchairs into the paths of buses traveling 40 mph on Kings Island Drive in Warren County and carrying conferees of the American Public Transit Association to a reception. No one was injured in the protest, and no one was arrested. Kafka and two other activists, George Cooper of Dallas and Michael Auberger of Denver, were arrested earlier Monday during a demonstration in front of the Westin Hotel, where the transit association conferees are meeting this week, and the U.S. Courthouse. Kafka and Cooper were arrested on trespassing charges after they boarded a Queen City Metro bus that stopped at the boarding plaza in front of the Courthouse. Auberger was arrested for grabbing a wheel of the same bus. They appeared in Hamilton County Municipal Court today and were told by Judge David Albanese to leave Cincinnati today or forfeit their $3000 bonds. A pre-trial hearing was set for June 26. The three contended the order violated their constitutional rights to free speech but said they will abide by it. They are staying in a motel in Newport, Ky. They said they will discuss possible federal civil rights court action with their attorney, Joni Veddern Wilkens of Reading. "I can’t believe it; this is America," Cooper said. “When you invoke law like it was west of the Pecos, before Texas even became a state . .. get out of town by sundown ... it's scary, it's frightening. I feel it's a basic infringement of my freedom to travel as an American citizen." Cooper, a U.S. Air Force Korean Wax veteran, said it was the first time in ADAPT protests in half a dozen cities that any of its members had been ordered out of town. He said it was the first time they had ever faced actual barricades, as they did in front at the Westin Hotel Monday. “I thought I came from the most conservative city in the country, Dallas," Cooper said. "We just can't believe this." During Monday night's protest near the College Football Hall of Fame, Warren County police moved the ADAPT members from in front of the buses but made no arrests. Police had set up barricades by the hall earlier, but that didn't keep the protesters from roiling their wheelchairs onto the roadway. “I remember flashing in my mind that these might be the first deaths of the civil rights movement of the handicapped," said the Rev. Wade Blank of Denver, Colo., co-founder of ADAPT. “Although I trained them, it just told me how serious it is to these people." Members of the Denver based group say their action shows how far they are willing to go. The protesters want the transit officials to change their national policy on accessibility and Queen City Metro to have wheelchair lifts on all new buses. Today ADAPT members continued to demonstrate in front of the Westin Hotel by hanging a wheelchair from a 10-foot-tall wooden cross to signify “the way APTA is crucifying disabled people." Eleven Cincinnati police officers, including Chief Lawrence Whalen, watched but made no arrests as they guarded the hotel atrium and entrance from some protesters chanting “We will ride. Access is a civil right." Wade Blank said no further attempts to block buses will be made because the group does not want to inconvenience Cincinnati riders.
ADAPT (256)
Cleveland Plain Dealer p.8 Title: Cincy frees wheelchair access bus activists CINCINNATI (AP) -- A judge granted early release yesterday to three wheelchair-bound activists who were arrested last week for participating in protests to demand access for handicapped people to public transportation. Hamilton county Municipal Judge J. Howard Sundermann, Jr. granted a defense lawyers request for early release of Michael Auberger of Denver, George Cooper of Dallas and Bob Kafka of Austin, Texas, who had served six days for criminal trespassing. Sundermann had sentenced the three to jail terms of 10 days each for their part in last week’s demonstration at the headquarters of Queen City Metro, Cincinnati's public transit agency. Their lawyer, Joni Wiikens, had argued against a jail term, saying the men could have suffered health problems if they were jailed for an extended period. Before he granted the early release, Sundermann asked the men if they planned to go to another city and repeat the demonstration. Auberger and Kafka said they planned to return home. Cooper did not reply. “I think we made our point. The issue won’t go away,” Kafka told reporters after the hearing. Auberger, Cooper and Kafka are members of Americans’ Disabled for Accessible Public Transportation (ADAPT), a national organization that sponsored last week’s protests outside a downtown Cincinnati hotel where the American Public Transit Association was conducting a regional meeting of bus system executives. The activists were protesting Queen City Metro’s policy of requiring the handicapped ride on separate vans for the disabled rather than on regular buses. ADAPT members urged the system to fit the buses with wheelchair lifts, but Metro officials said they did not have money to do so because of the Reagan administration’s cuts in federal transit funding. The vans must be reserved 24 hours in advance. Handicapped people complain that the vans often are booked days in advance, leaving them isolated and unable to get to work or other destinations.
ADAPT (257)
The Cincinnati Post May 27, 1986 Wheelchair protesters freed early Post staff report A motion for early release of three wheelchair-bound activists was granted today by Hamilton County Municipal Court Judge J. Howard Sundermann Jr. On Friday, Sundermann sentenced Michael Auberger of Denver, George Cooper of Dallas and Bob Kafka of Austin, Texas, to 10 days in jail for their part in a protest last week at the main office of Queen City Metro. Attorney Joni Wilkens had argued against a jail term for health reasons. Today Sundermann ordered the three released after serving six days of their sentences for trespassing. Before granting the motion for early release, Sundermann asked them if they planned to go to another city and “do the same thing?” Auberger and Kafka said no, that they planned to return to their homes. Cooper did not reply.w “I think we made our point. The issue (of access to public transportation) won’t go away,” Kafka said following the hearing. Auberger, Cooper and Kafka are members of Americans Disabled for Public Transportation, which demonstrated against the lack of access by the handicapped to Queen City Metro buses.
ADAPT (266)
THE HANDICAPPED COLORADAN Vol.9, No. 5 Boulder Colorado December 1986 [This article continues in ADAPT 259, but the entire text is included here for easier reading.] PHOTO by Melanie Stengel, courtesy of UPI: A large heavy set man with no legs (Jerry Eubanks) sits in his manual wheelchair in front of a city bus. He has a determined and frustrated look on his face. Behind him and up against the front of the bus you can see another protester in a wheelchair (Greg Buchanan). On either side of Jerry is a uniformed officer, apparently unsure of how to proceed. One stands with his hand on this hip, the other officer is on Jerry's other side and is looking toward the first policeman, as if for guidance. caption reads: ARRESTING DISABLED PROTESTORS poses some unusual problems for police as these perplexed officers found out during the ADAPT Detroit demonstrations. Title: Doing hardtime in Cincy During the demonstrations at the regional convention of the American Public Transit Association (APTA) in Cincinnati this May 17 protestors were arrested. Three of them, George Cooper of Dallas, Mike Auberger of Denver, and Bob Kafka of Austin, were sentenced to 10 days in jail. Wade Blank, founder of the American Disabled for Accessible Public Transit (ADAPT), said it was the first time in the history of the movement that any disabled persons had done “hard time. ” The following is Kafka's own account of that hard time. The article is reprinted from Incitement, Vol. 2, No. 3, a newspaper published by the Texas ADAPT chapters. By BOB KAFKA Wednesday, May 21, 1986 4:30 p.m.— One by one they haul us off, seventeen in all. We go through the usual procedures: giving name, address, next of kin, all our property, a list of our medications. We sign the papers, are fingerprinted and photographed. We go into the detention center for hours of waiting while the powers that be decide what to do with us. Handicapism raises its ugly head again as judge Albanese releases six ADAPT members on their own recognizance. His reason: medical problems. The real reason: he can't understand those with CP and Frank, the one blind man, freaks him out. We become the Cincinnati Eleven. 8 p.m.—Mike Montgomery, the “head keeper" at the Hamilton County, jail, has a dilemma: eleven people in wheelchairs and not one empty bed in the infirmary. Where to put us? The decision had obviously been made to keep us together and apart from the rest of the prison population. They convert a training classroom into what looks like a hospital ward without windows. Eleven WWII hospital beds are hauled in. Two guards are stationed with us at all times and, for some reason, three from 11 p.m. to 7 a.m. The accessible bathroom is down the hall. At first we are guarded each time we go to empty our leg bags; soon they realize we are not going to try the “great escape." The starkness of our surroundings is stifling: ugly green concrete block walls, gray tiled floors, buzzing fluorescent lights, and two clocks on the walls always counting time and exactly how long we have been in jail. Thursday, May 22 6 a.m.- The room is quiet. Without windows the difference between night and day can only be separated by the morning eggs and the changing of the shifts. We are a curiosity to our keepers. Faces peer in the doorway all morning to look at "the handicaps." ll a.m.— The doctor and nurse arrive to evaluate our "conditions," We again list our medications and the daily supplies we need. Two bladder infections, two decubitus ulcers, one strained back, and many who need assistance dressing, showering and toileting. They leave saying everything will be taken care of. (This is not to be.) 3 p.m.- The social work staff arrive. They are here to make sure we are treated OK, we have access to the library, gym and telephone, and to take care of any crises. (Again, this is not to be.) 4:30 p.m.- Joni Wilkens, our attorney, comes to discuss how we will handle our cases. We decide to stay together and not plea bargain. 6 pm.- It is obvious by now that we are not going to get our proper medication. Substitutes for drugs they don't have don't work. Those needing Valium are told it can't be dispensed in a jail setting. George again asked, to no avail, for his raised toilet seat and "booties" to protect his feet from sores. Mike asked about his bowel program. The nurse and guards give us only blank looks. 10 p.m.—Lights out. The guards assist those who need it. By the time we leave many of them will make pretty good attendants. Friday, May 23 6 a.m.-Lonnie went to the hospital late last night. His decubitus started to bleed and they rushed him over around l a.m. He came back around 3 a.m. and remained in bed all day. 12 p.m.- Boredom is starting to set in. George is rolling back and forth in the halls. Bill is constantly talking, which helps to keep us awake during the day. We fill out commissary forms, but as Joe predicts, we never see the items ordered. Lunch arrives, Mike has the guard melt his spoon so he can feed himself. He makes them do it each meal. George R. again devours his food. E.T. is lying in bed shivering from his bladder infection. 2 p.m.- Joni arrives with her partner, after a long session with the Cincinnati judicial system. The judge and D.A. will accept a plea of disorderly conduct and a fine of $60 (2 days already served) for the eight who were charged with disorderly conduct. They would go free. Lonnie's charge of resisting arrest would be dropped, but there are no guarantees for Mike, George and me. 4 p.m.- The eight are released, Mike, George and I receive 1O days, with credit for two served. Eight days to go. 9 p.m.- The room seems empty without the other eight ADAPT members. The guards kid about us being the hardened criminals. George continues to ask for his raised toilet seat, I for my correct medication and Mike about assistance with his bowel program. Again-no response. Saturday, May 24 7 a.m.-The library, gym, and telephone are not available on weekends and holidays. Monday is Memorial Day. We realize we will not have access to these amenities until Tuesday. Very much like a hospital stay. We also realize our medical needs will not be met; however, we continue our demands that something be done so Mike and George can get the help they need with their bowel program. Security continues to relay this to the medical staff. Medical staff continues to say it is security’s responsibility. This double think has been going on four days now, with no assistance given so far. 2 p.m.— George is beginning to have adverse effects from Valium withdrawal. Mike is having more and worse spasms because the substitute medications are not working. I have no idea if the substitute antibiotic is doing any good at all. Sunday, May 25 4 p.m.-The day passes as usual. Up at 6 a.m. with breakfast of cold eggs and boiled water that had looked at a coffee bean. After lunch our daily request for medication, supplies, and bowel program assistance is duly noted in the guard’s record book, but as usual no action. Joni and Art Wademan, a minister who has been invaluable throughout the week in Cincinnati, came about 2:30 p.m. We share our concern that if we don't get some assistance one or all of us might get very ill. They go to the supervisor and suggest that if medical is not going to act, then we should be transported to a hospital. Going to a hospital for a bowel program might seem extreme, but after five days, impaction is a real possibility. To our amazement, Mike is taken down to medical and then to the hospital. A raised toilet seat is borrowed from Good Samaritan Hospital. We are finally allowed to take our medications which are brought in from the outside. Monday, May 26 Memorial Day — a quiet day, a day for reflection. If non-disabled prisoners were prevented from relieving themselves for five days, it would be considered torture. Equality is as much a farce in jail as it is out of jail, maybe more so. Cincinnati's judicial and penal systems obviously feel it is fine to use a person's disability as a means of punishing that person. Documented omissions which place disabled people in potentially life-threatening situations don't raise an eyebrow, even from the defenders of justice or the media. Reports that the jail is well-equipped to handle our needs but that we will simply be “less than comfortable" go unchallenged. The fact that we have two people who care, who spend some time and resolve our problem, only highlights the injustice to those who do not have a Joni or an Art and must suffer because of ignorance of the needs of disabled persons. Tuesday, May 27 11:30 a.m.—-The court is two blocks from the jail. They usually transport the prisoners to the court by van for security reasons. We present a problem, since the van is inaccessible. They look to a supervisor, and after a half hour the answer comes down. Let the prisoners roll to the courthouse with a deputy sheriff guarding each of us. Babs, Tisha, Reverend McCracken, Art and Vivian (friends and family) are waiting in the hall. The guards hurry us into the courtroom. The media is out in force. As we wait, we wonder what the D.A. will do. Joni enters the room and her face is blank. Rubenstein, the D.A., is his usual arrogant self. Joni states that the six days served are both punishment and deterrent. Rubenstein surprisingly agrees, but asks the court to get our statement. Had we learned our lessons? He wants us to grandstand for the cameras and to get the judge mad at us again. Instead, we suppress the urge to yell "WE WILL RlDE" and simply state we will be returning to our homes and work. Cincinnati will be only a memory. Judge Sundeman accepts the motion to mitigate. We are free. 2 p.m.—We are sitting in Skyline Chili, a local restaurant, and talking over the last six days. Needless to say much of the talk is also about Detroit, October 5-9, our next battle with APTA. Spending six days in jail makes one think about commitment. Detroit will take commitment from us all, but . . . WE WILL RIDE! PHOTO 1: A close up of a man (Mike Auberger) with shoulder length dark hair and a short beard and mustache. He is wearing a light color sweater and shirt with a collar, and the chest strap from his wheelchair is visible. He looks very serious. Caption reads: MIKE AUBERGER Back in the slammer again. PHOTO 2: At least 4 policemen standing around a manual wheelchair in which someone (Bob Kafka) is being bent forward and something weird is happening with a pole (the picture is dark and hard to make out.) Caption reads: THE AUTHOR being arrested in L.A.