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Heim / Album / Stikkord ADAPT
+ civil disobedience 6
ADAPT (553)
June 12, 1990 - Guardian. 5 Disabled 'ecstatic' as rights act clears House By DIANE COLEMAN The Americans with Disabilities Act, considered by many to be the most sweeping civil rights legislation since the 1964 Civil Rights Act, easily cleared the House of Representatives May 22. It is expected to reach the president‘s desk by July 4. The act prohibits discrimination based on disability in public accommodations, employment, transportation and telecommunications. It is intended to address "rampant, daily discrimination in every sphere of American life,“ Rep. Pat Schroeder, D-Colo., told her colleagues on the House floor. “Mentally retarded persons are kept out of restaurants. Persons with cerebral palsy are turned away from theaters. . . . Employers cite fears of hiring disabled persons because their customers will feel uncomfortable or even repulsed,” Schroeder added. Despite strong opposition from private business and transportation lobbies, chief among them the National Federation of Independent Businesses and Greyhound Lines, Inc. , the Americans With Disabilities Act achieved bipartisan support in both houses of Congress. The House vote was 403-29. Under pressure from the NFIB and the National Restaurant Association, the House version of the bill was amended at the last minute to allow employers to remove people with HIV infection from food handling positions. Sponsored by Rep. Jim Chapman, the amendment passed narrowly, although the Texas Democrat conceded there is no “evidence that‘AIDS can be transferred in the process of handling food.” Tom Sheridan of AIDS Action, representing 500 community-based service organizations, predicted that the Chapman amendment would go down to defeat in the House-Senate conference committee. “It’s a horrible amendment for all people with disabilities because . . . it begins to codify the fact that irrational fear is protected by the law,” he said. Nonetheless at press time Senate conferees had agreed to include the restrictions. “Cheers and tears” filled the House gallery at the moment of the ADA's long-awaited passage, according to Tennessee disabled activist Michael Gibson, “but we all know that the bill is only a first step. Several agencies will be writing key regulations which offer innumerable opportunities to weaken the effect of this legislation,” Gibson said. SOME DELAYS, FEW LOSSES While many activists feared the House would water down the Senate version of the bill, Marilyn Golden of the Disability Rights Education and Defense Fund said that the ADA “has not been weakened anywhere near the extent that much legislation is. " According to Golden, who has worked intensively for the bill's passage over the last two years, various timetables and phase-in provisions were adopted to avoid other forms of compromise. The ADA’s protections against employment discrimination, which parallel those applied to federally funded entities since 1973, do not go into effect for two years. Prohibitions against discrimination in public accommodations, such as theaters and restaurants, will require accessibility in facilities “construct[ed] . . . for first occupancy no later than 30 months after the date of enactment." Telephone companies will have three years to put in place a relay service for deaf people and others who depend on non-voice telecommunication. A requirement that all new public buses be lift-equipped will take effect in only 30 days. Many attribute this to seven years of non-violent civil disobedience by the American Disabled for Accessible Public Transit. Greyhound, a private carrier, was given six years to begin replacing its retired buses with accessible ones. Activists also waged a last-minute battle over employment discrimination remedies. Recently proposed legislation would add damages to the relief available to discrimination victims under Title VII of the Civil Rights Act of 1964. In the face of this, Golden said. the Bush administration tried “to renege on its agreement for parallelism” between the ADA and the 1964 act. It backed an amendment that would have kept remedies for disability-based discrimination at current levels if and when discrimination remedies are increased for other minority groups and women. The amendment was narrowly defeated just prior to the final vote on the bill itself. Overall, Golden said. “We're ecstatic." The ADA “will hopefully begin to convey to the American public. left, center and right (because in some ways I don't think the consciousness of the left is any better), that disability is not a personal issue, that there’s a systematic oppression of people with disabilities. . . . Even Congress has faced the fact of the systematic discrimination. " PHOTO (by Tom Olin): A closer view of a mass of marchers coming around a huge tree on a broad sidewalk leading up to the Capitol. Stephanie Thomas, Frank Lozano, Jennifer Keelan and others lead the march which is 12 across in some places and scattered in others. The ADAPT flag (an American Flag with the stars arranged in the wheelchair symbol instead of in rows) flies over the crowd from a few rows back. Some people are in suits and ties, some in T-shirts. Some are in wheelchairs, some carry cameras; children to older folks are in the mix. Caption reads: Seven years of nonviolent civil disobedience by the American Disabled for Accessible Public Transit has been credited for the requirement that all new buses be lift-equipped. Above, ADAPT march on U.S. Capitol.
US_Capitol_Rotunda_part_2_cap
This is part 2 of the ADAPT Capitol Rotunda protest in support of the Americans with Disabilities Act, ADA. This shows the group preparing for civil disobedience to pressure swift passage of the bill. Over 100 people were arrested at this protest, which gets less attention than the Crawl but was equally intense. The film is open captioned (as are all videos on this museum site).
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
ADAPT (533)
The Washington Times Wednesday, March 14, 1990 Handicapped protesters arrested The Associated Press Demonstrators in wheelchairs were arrested in the U.S. Capitol yesterday after confronting House leaders with demands for quick passage of legislation guaranteeing them civil rights protections. A crowd of more than 100 disabled demonstrators threatened civil disobedience and interrupted House Speaker Thomas Foley and House Minority Leader Robert Michel as the congressional leaders tried to speak over the din in the cavernous Capitol Rotunda. After the congressmen left, about 70 disabled people assembled in the center of the Rotunda and began chanting in an attempt to provoke arrest. Capitol Police, standing nearby, encircled the protesters and began taking them into custody. Outside the Capitol, police began placing the protesters - most in Wheelchairs - into several government owned vans. The demonstrators were being charged with unlawful entry and demonstrating within the Capitol, said Capitol Police Officer G.T. Nevitt. The first charge carries a maximum sentence of six months in jail and a $100 fine; the second, six months in jail and a $500 fine. “It is a priority for passage in this session of the Congress," Mr. Foley shouted over catcalls from the protesters. “l am absolutely satisfied it will reach the floor. we will have a conference with the Senate and it will become law." “Will it be on the floor in 24 hours? No," Mr Foley added in a statement greeted with a chorus of boos. “I am not going to set an artificial deadline that prevents the committees from sending a bill to the floor that they can defend," he said. It was the second day of lobbying by the disabled. On Monday, dozens of people crawled out of their wheelchairs and up the steps of the Capitol to dramatize their demands. The focus of the protest was the Americans with Disabilities Act, which was passed by the Senate last year but has bogged down in the House, despite widespread predictions of its ultimate passage. The measure would outlaw discrimination based on physical or mental disability in employment, access to buildings, use of the telephone system, use of public and private transportation, and other situations. The Capitol has ramps for wheelchair access to two of its entrances and ramps and elevators inside to enable people confined to wheelchairs to get around. During the midday face-off in the Rotunda, Mr. Foley sought to assure the disabled that House leaders “want to see that this bill has the greatest possible support and will reach the president's desk in a way that he can sign it." Mr. Michel told the crowd he had broached the issue earlier yesterday in a meeting with President Bush at the White House. He acknowledged that the disabled community “is getting a little bit impatient because the wheels of Congress are not moving fast enough." Although the Bush administration and congressional leaders support the bill, some have begun questioning the administration's commitment in recent weeks. White House Press Secretary Marlin Fitzwater denied its support was slipping and said the administration was negotiating with key members of Congress. "We do support the legislation," Mr Fitzwater said. “We‘re very supportive of their rights and their cause."
ADAPT (532)
3/14/90 100 Disabled Arrested on Hill by Stephen Buckley, Washington Post Staff Writer About 100 persons with disabilities were arrested in the Capitol Rotunda yesterday during a demonstration calling for greater rights for the handicapped, U.S. Capitol Police said. Most of those arrested were members of American Disabled for Accessible Public Transportation, a Denver-based organization that plans protests in Washington throughout the week to bring attention to the Americans with Disabilities Act. The measure was passed by the Senate last September and is being considered by the House. Yesterday's arrests occurred after about 150 members of ADAPT listened to House Speaker Thomas S. Foley (D-Wash.), House Minority Leader Robert H." Michel (R-Ill.) and Rep. Steny H. Hoyer (D-Md.) discuss the disabilities act. After the lawmakers spoke to them, the demonstrators began chanting. They were asked to leave the rotunda, but refused, said Greg Nevitt, a U.S. Capitol Police spokesman. Those who did not leave were arrested, he said. Hoyer is the chief sponsor of the Americans With Disabilities Act, which seeks to bar discrimination against those with disabilities in several areas: private sector employment, public accommodations, services provided by state and local governments, telecommunications and transportation. Nevitt said those arrested were charged with demonstrating in the Capitol rotunda and unlawful entry. They are slated to be arraigned in D.C. Superior Court tomorrow.
ADAPT (526)
Handicapped protesters arrested THE ASSOCIATED PRESS 3/14/90 Demonstrators in wheelchairs were arrested in the U.S. Capitol yesterday after confronting House leaders with demands for quick passage of legislation guaranteeing them civil rights protections. A crowd of more than 100 disabled demonstrators threatened civil disobedience and interrupted House Speaker Thomas Foley and House Minority Leader Robert Michel as the congressional leaders tried to speak over the din in the cavernous Capitol Rotunda. After the congressmen left, about 70 disabled people assembled in the center of the Rotunda and began chanting in an attempt to provoke arrest. Capitol Police, standing nearby, encircled the protesters and began taking them into custody. Outside the Capitol, police began placing the protesters - most in wheelchairs - into several government-owned vans. The demonstrators were being charged with unlawful entry and demonstrating within the Capitol, said Capitol Police Officer G.T. Nevitt. The first charge carries a maximum sentence of six months in jail and a $100 fine; the second, six months in jail and a $500 fine. “It is a priority for passage in this session of the Congress." Mr. Foley shouted over catcalls from the protesters. “I am absolutely satisfied it will reach the floor, we will have a conference with the Senate and it will become law." “Will it be on the floor in 24 hours? No,” Mr. Foley added in a statement greeted with a chorus of boos. “I am not going to set an artificial deadline that prevents the committees from sending a bill to the floor that they can defend," he said. It was the second day of lobbying by the disabled. On Monday, dozens of people crawled out of their wheelchairs and up the steps of the Capitol to dramatize their demands. The focus of the protest was the Americans with Disabilities Act, which was passed by the Senate last year but has bogged down in the House, despite widespread predictions of its ultimate passage. The measure would outlaw discrimination based on physical or mental disability in employment, access to buildings, use of the telephone system, use of public and private transportation, and other situations. The Capitol has ramps for wheelchair access to two of its entrances and ramps and elevators inside to enable people confined to wheelchairs to get around. During the midday face off in the Rotunda, Mr. Foley sought to assure the disabled that House leaders “want to see that this bill has the greatest possible support and will reach the president's desk in a way that he can sign it." Mr Michel told the crowd he had broached the issue earlier yesterday in a meeting with President Bush at the White House. He acknowledged that the disabled community “is getting a little bit impatient because the wheels of Congress are not moving fast enough." Although the Bush administration and congressional leaders support the hill, some have begun questioning the administration's commitment in recent weeks. White House Press Secretary Marlin Fitzwater denied its support was slipping and said the administration was negotiating with key members of Congress “We do support the legislation," Mr. Fitzwater said. “We're very supportive of their rights and their cause."