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+ Wade Blank 12
ADAPT (484)
METRO Magazine March/April 1989 pp.18 - 21 Court Rules On Wheelchair Accessibility U.S. Court of Appeals orders that all new transit buses be wheelchair lift-equipped and paratransit service provided. by Jason Knott (This story continues through 484, 471, 470, 465, and 466. However, the entire text of the story is included here for ease of reading.) DRAWING: A large balance scale with a bowl hanging from each side of the balance. One bowl has the acronym APTA in it, the other has ADAPT. QUOTE below the picture: “I don’t think the government should mandate installation of lifts. It can become expensive for the smaller transit properties." —Davis There are more than 40 million disabled Americans and an estimated 67 percent of them are unemployed, according to the National Easter Seal Society. Meanwhile, a recent Harris poll revealed that three out of every 10 disabled persons say they cannot work because of a lack of accessible transportation. Moreover, the same poll shows that 49 percent of the disabled believe their mobility is limited because of transportation barriers. These statistics confirm that public transit accessibility is an important ingredient to mainstreaming the handicapped into society. On the flip side of the coin are the public transit authorities who are in the business of transporting ambulatory, as well as handicapped, persons in the most economical method possible. It would seem that the handicapped, who depend on public transit, would be natural constituents of transit agencies; however, the two groups have been at odds for years, grappling with each other over the accessibility of service. In particular one handicapped rights group — ADAPT (Americans Disabled for Accessible Public Transit) — has been fighting with public transit across the nation. ADAPT wants every fixed route transit bus equipped with a wheelchair lift. In order to express its point, the group conducts disruptive protests at conferences held by the American Public Transit Association (APTA). (See September/October 1988 METRO Magazine, “When Rights Clash," page 79) Today, disabled Americans can chalk up a victory in their constant battle for a broader distribution of handicapped-accessible transit service. On February 13, a federal appeals court ordered the U.S. Department of Transportation to require transit authorities to equip all newly purchased buses with wheelchair lifts. The 3rd Circuit Court of Appeals in Philadelphia also determined the 3 percent cap placed on transit agencies for handicapped expenditures was too low in the case entitled “ADAPT vs. Burnley." Wade Blank. director of ADAPT, applauded the court decision, saying the ruling is significant in the sense it is "evolutionary." Blank said, "We are now getting back to where we were in 1978. When we filed originally, we targeted the 3 percent cap. We decided to broaden the case because the climate in the country has changed. We talked with our attorneys and they broadened it to include the original intent of Section 504, and to really challenge the 1980 case that APTA brought. We are victorious because of a major mood change in the country regarding handicap accessibility." Blank cited two other recent rulings in Detroit and Chicago favoring handicapped accessibility. The Philadelphia ruling is in conflict with APTA's official policy, which was spelled out in a position paper reissued in October 1988. The association favors the local-option approach by which each local transit authority determines its own handicapped transportation policy. APTA's Board of Directors recently rejected a similar proposal calling for all new transit buses to be lift-equipped, according to Albert Engelken, deputy executive director. In other words, APTA believes that each local transit authority should create its own balance between demand response - or dial-a-ride — service, and fixed route accessibility. “It is very important that people realize that APTA is not against wheelchairs on transit buses," said Engelken, “rather, we are for local decision. The board of directors unanimously supports this approach. Every transit system makes their decision after in-depth consultation with the local disabled community. They are not making their decisions blindly." What next? The Department of Transportation is currently exploring its options, which include seeking a rehearing by the appeals court, appealing the-decision to the U.S. Supreme Court, or accepting the ruling. Michael Jacobson, spokesman for the DOT, could not give an estimate on when a decision might be made. An appeal is possible despite President Bush's recent campaign commitment to handicapped programs. Whether the decision will affect bus procurements that are currently - underway is unclear. Jack R. Gilstrap, APTA's executive vice president, issued the following statement concerning the ruling: “Because of the cost impact of the decision which requires lifts on all new buses plus paratransit service, and because it is inconsistent with other court decisions which create conflicting obligations on the part of the DOT and local public transit systems, APTA is urging DOT to challenge the decision." “Obviously this decision is extremely important," said Charles Cowie, national sales manager for Mobile Tech Corporation, a Hutchinson, Kansas-based manufacturer of wheelchair lifts for transit buses. “The objective is to make accessibility and mobility easier for the disabled, but to some, the decision favors a sector of the populous that is not altogether popular." “In a philosophical sense, the ruling is great," said Bill Hinze, National Sales Manager for Ricon, a dedicated lift manufacturer in Sun Valley, Calif. “It’s like a mandate for racial integration — it should have been done years ago." However, Hinze indicated he is still an advocate of demand response systems. “I don't think the government should mandate installation of lifts," said Bob Davis, vice president of Bus Manufacturing USA, a Goleta, Calif.-based distributor of semi-automatic lifts. “It can become expensive for the smaller transit agencies." The court also ruled that the current 3 percent cap on handicapped spending was insufficient; however, many agencies were already spending a higher percentage. In fact, in California and state law already requires all newly purchased transit buses to be equipped with wheelchair lifts. “Other states were already adhering to a similar policy, although it is not written in law," said Don Smith, director of marketing for Lift-U, Inc. in Escalon, Calif. According to Engelken of APTA, an average of 6 percent of transit expenditures are directed toward improving handicapped transportation already — double the required limit. Moreover, an APTA survey indicates that 31 percent of all transit vehicles are lift equipped, with the number steadily rising. The court decision comes in the wake of several different movements toward the improvement of handicapped accessibility to public transit. [Subheading] Project ACTION As part of the APTA’s Elderly and Disabled Task Force, a three-year Congressional program called “Project ACTION" (Accessible Community Transportation In Our Nation) will soon establish six demonstration sites nationwide to study handicapped transit accessibility. The National Easter Seal Society is conducting the three-year, $3 million undertaking. Congress has earmarked $1 million in fiscal year 1988 UMTA research and technical assistance funds to initiate the project, and an additional $1.35 million in fiscal year 1989. Project ACTION is designed to improve access to transit services for the handicapped. It will involve national and local organizations representing public transit operators, the transit industry, and people with disabilities in the development of a cooperative model program promoting greater access to transportation. Project ACTION is the result of a mandate from Congress to find ways to better accommodate the transportation needs of people with disabilities. The program will focus on five key concerns of people with disabilities and local transit operators seeking to improve transit: * Identifying persons with disabilities in the community. * Developing effective outreach and marketing strategies. * Developing training programs for transit riders. * Developing assistive programs for people with disabilities. * Applying appropriate technology to solve critical barriers to transportation and accessibility. “APTA’s task force is examining numerous areas to improve handicapped transportation," said Engelken. “We are looking at how to improve the marketing of service and we are struggling with the wrenching problem that exists in that area. "We have to make sure that people are riding the buses,” added Engelken. “If we don't, then the federal and state government are going to say that transit agencies are spending their money unwisely.” [Subheading] Operating costs The court decision also comes at a time when some transit agencies are lowering their wheelchair lift operating costs. In fact, figures released by ADAPT, claim that Seattle Metro operating costs were $3.13 per lift in 1987, with a reliability rate of more than 98 percent. In comparison, the Bay Area Regional Transit Association cited operating costs of $118.55 per trip for wheelchair lift-equipped transit buses among the several different transit authorities operating in the region. This disparity is due to widely different methodologies for calculating costs, a condition that has led to an absence of reliable nation-wide data. Tim Cook, director for the National Disabilities Action Center in Washington, D.C. and the attorney representing ADAPT in court, said, “I’m not sure accurate figures exist because it varies from system to system. National figures are meaningless because many systems haven't made a decision to make a commitment to accessibility." “Every property has it differently organized. Some agencies will designate one mechanic to maintain 75 to 100 lifts," said Smith of Lift-U, “But it really depends on how committed the maintenance director or general manager is to wheelchair lifts." [Subheading] Technology Mobile Tech and Lift-U manufacture electro-hydraulic passive wheelchair lifts for the transit industry. These lifts do not require the driver to leave his seat to operate the device. Ricon is a leading manufacturer of dedicated lifts, which are common on paratransit vehicles. These lifts are ideal for the handicapped, but cannot be used by ambulatory passengers. The lift does not utilize hydraulics. Another lift on the market is the AMF Hubmatik swivel-lift manufactured in West Germany. The lift is marketed in the U.S. by Bus Manufacturing USA and Ortho Safe Systems in Trenton, N.J. The semi-automatic, electro-hydraulic lift requires the driver to swivel the unit out the door for boarding and departure. It is currently in use by Sun Line Transit Agency in Thousand Palms, Calif. Due to constant R & D by the manufacturers, lift technology is dynamically improving. According to Smith, future innovations in passive lift technology will include state-of-the-art circuit boards, LED's and microchips. Cowie of Mobile-Tech predicted a 180 degree turn in technology within the next two years. Hinze indicated his company is developing a lift that can be utilized by both handicapped and ambulatory passengers and reduce maintenance costs by up to 10 percent. The court ruling does not touch upon rail accessibility at all. Installation of wayside wheelchair lifts for rail systems has not been as active as bus development. According to Smith, some transit agencies have requested lifts be designed for installation on the railcars themselves; however, because of the small demand, this is not profitable for passive lift manufacturers. More R & D is necessary on the shock and vibration of railcars to produce a passive lift that can withstand that environment. However, San Diego Trolley has been using on-board lifts for three years, and recently ordered 41 more units according to Hinze of Ricon. This onboard lift eliminates the problem of railcar operators “spotting” their stops for wayside lift access. The ruling could also mean increased specification of wheelchair restraint systems such as the one manufactured by Q'Straint in Buffalo, N.Y. The system consists of four stainless steel floor plates mounted flush with the floor. Four belts, two in front and two in the rear, and a shoulder harness and lap belt secure the rider. [Subheading] Solving the problem Despite the jubilation one might expect among wheelchair manufacturers, many seem to believe a mixture of demand response service along with fixed route wheelchair service is the ultimate solution to transporting the disabled and elderly. "The degree of demand response versus fixed route service should be a local decision," Cowie said. “It is important to mainstream the handicapped in the bigger cities through fixed route service; however, demand response is good in rural areas." These thoughts were echoed somewhat by Smith, who is a member of APTA’s Elderly and Disabled Services Task Force. "There should definitely be a mixture of services," he said. “[The government] can't dictate how every community should handle this problem. Some communities have spent a lot of money of their dial-a-ride service. You need to have a local option. “Another solution," continues Smith, "might be to make fixed route service fully accessible and let another organization — outside the realm of public transit — take care of special needs or demand response service." He believes the transportation problems of the elderly and the disabled should be handled separately. the end of article BOXED TEXT next to main article: [Heading] The Long Road To Wheelchair Accessibility A federal appeals court has ordered the U.S. Department of Transportation to require transit authorities to equip new buses with wheelchair lifts, and provide public transport for riders unable to use lift-equipped buses. Attorneys who brought the lawsuit called it the most important decision ever handed down for handicapped people needing public transportation. The decision, in the U.S. 3rd Circuit Court of Appeals was, 2-1. “We conclude that ordering that newly purchased buses be accessible to the mobility disabled does not exact a fundamental alteration to the nature of mass transportation," Judge Carol Mansmann wrote in the majority opinion. “Also, by requiring that newly purchased buses be accessible, we are not imposing undue financial or administrative burdens on the local transit authorities." In the dissenting opinion, Judge Morton I. Greenberg said the section requiring new buses to be accessible was not meant to apply to transit systems choosing a paratransit system. Timothy M. Cook, director of the National Disability Action Center, argued the case before the appeals court and called the decision, “a major, major victory for the handicapped community. We can't say enough positive things about it.” Cook expressed hope that the ruling would not be appealed in light of President Bush's recent comments about his desire to bring the handicapped into the mainstream. The Transportation Department had appealed an earlier decision by U.S. District Judge Marvin Katz in Philadelphia that canceled a 1986 department regulation calling for mass-transit authorities to spend up to 3 percent of their operating budgets on providing services for the handicapped. In his decision, Katz called the 3 percent requirement unreasonable, but ruled the department must resolve differences between equality for the handicapped and cost efficiency. Americans Disabled for Accessible Public Transportation (ADAPT) appealed Katz's simultaneous ruling that upheld the right of transit authorities to decide whether to fit vehicles for the handicapped or provide other services. The appeals court ruling affirmed Katz's decision in favor of dropping the 3 percent provision, but it reversed his other decision by ordering transit authorities to equip new buses with chair lifts or other accommodations for the handicapped.
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).
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Handicapped Coloradan [Headline] These are the people who chased APTA George Florum, 47, of Colorado Springs, is a T3 para who fell out of a cherrypicker. He went to work for Atlantis and became involved with ADAPT in April of 1985. Florum has been arrested between 15 and 20 times on charges ranging from instigating a riot, blocking entrances, and chaining himself to doors and buses. "I think the disability movement has really grown," Florum said, "In April of '85 in San Antonio 15 people were willing to be arrested. Now people are standing up for their rights, and I think it's great." Joe Carle, 51, of Dallas, is a single amputee with artery problems. "I was the first to go through the training seminar," Carle said. "The second big seminar was to take on McDonald’s. Now, transportation is fairly won, but access will be a continuing battle. The disability movement can go anywhere." Rick James, 39, had encephalitis when he was two years old. Five years ago he was one of 20 people who did a "crawl on" on a bus, and three weeks later he was part of a group that got together and blocked a bus. “We will get ADA passed," James said, "and then take on any issues we feel necessary, such as health care, attendant care, the Greyhound company, housing - any of a number of issues." Cathy Thomas, 60, of Irving, Tex., has spina bifida and became involved with ADAPT - when a disability group she belonged to that was trying to get accessible transportation in Dallas asked ADAPT for help. She says, “At this point rights for disabled people are inevitable, We want to get as many buses accessible as possible. If President Bush is sincere in wanting to mainstream people with disabilities, then it's time he took the first step in getting us accessible transportation so we, too, can pursue the American dream." Rhonda Lester of Denver is the mother of Kenny Perkins, 5, who was refused access to an RTD bus in October 1987. “They viewed Kenny as a baby because of his chair," Lester said. “They wanted to board him separately from his chair-in other words, he was to be carried on. So I called Wade Blank on a Thursday and on Friday help came. Larry, George, Ken, ET and Julie blocked a bus. They let us on, we changed the policy, and I was allowed to attend a training meeting." When asked if there has been a lot of resistance to Kenny, Lester said, "Oh, yeah. People see one of ‘Jerry's Kids,' not the wheelchair I hope our actions and civil disobedience help to get full integration for my son." As to the controversial issue of children in the disability rights movement, Lester said, "As the mother of a disabled son, I feel that no one has a bigger right than myself to fight for my son's rights, although there are some who would disagree very strongly with this view. "Children need to be in the movement because it is for the children . . .the ultimate goal.” THANK YOU, ADAPT A poem by Rhonda Lester There is a little boy Very close to my heart Who is a bit different But handsome and smart. Strangers who meet him Can't get past the chair, But he goes on bravely, Not seeming to care. He's strong and he's tough- He almost has to be- But he is one of the warriors Who wants to be free. We are always standing by you, For our fight is real. We wanted you to know How grateful we feel. So thank you all clearly For all that you've done For the movement, myself, And my son. All photos in this issue by Bob Conrad. PHOTO: of George Florum looking to the side in an "ADAPT or perish" t-shirt. His dark hair is short and a trim beard and mustache outline his mouth and jaw. He looks fit and determined. PHOTO: George Cooper, an older man in a wheelchair blocks a doorway partially with another person in a manual wheelchair. Walking bureaucrats, some with badges stand behind them looking as though they want to get through. George is speaking with a woman who is looking down toward the floor. Caption: George Cooper of Dallas occupies the Federal Building. PHOTO: A small person in a manual wheelchair being pushed by a woman behind, sits at one end of some police barricades while a man in a manual chair sits at the other end. Behind the barricades a ways off is a line of police standing together. Caption: At the barricades. PHOTO: A group of people in wheelchairs is gathered at one side of the picture, a woman in a wheelchair at the back of the group holds high the ADAPT flag. Beneath it you can see Lincoln Blank and a few other protesters are clustered on the other side. The group seems to be at the entrance of a hotel type building. Caption: A large flag is unfurled.
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Tues., September 26, 1989 [Headline] Disabled Try to Block Access To Elevators [Subheading] Protesters Continue Russell Building Sit-In By Alma E. Hill and Pat Burson, Staff Writers [This is the full text of the story that appears on ADAPT 496, 509 and 488.] Protesters in wheelchairs moved to block elevators in the Richard B. Russell Federal Building today in their second straight day inside the building, as federal officials increased security. Ed Driver, chief of law enforcement for the General Services Administration, said six security guards were brought in “so that we can maintain access to and from the building." “We're not going to do anything, we just want to be able to maintain an element of safety in the building," Mr. Driver said. At 11:50 a.m., leaders of American Disabled for Accessible Public Transportation (ADAPT) gave the signal and protesters began to chant and roll their wheelchairs in front of the doors on the plaza level of the federal building to restrict access to and from the building, as they had done Monday. Moments later, in an apparent shift in tactics, the group moved toward elevators to cut off access to upper floors in the high-rise. Protesters said they will continue to demonstrate until President George Bush or Transportation Secretary Samuel Skinner complies with their demands to issue a federal mandate requiring new buses purchased with federal dollars to be equipped with wheelchair lifts. Judges who work in the federal building avoided problems getting out of the building by leaving before the noon takeover. And the doors to the Peachtree Federal Employees Credit Union, located in the southwest corner of the building, closed as soon as protesters began to shout. Visitors are being directed out of the basement and second floor exits. The Rev. Wade Blank, of Denver, said officials from the Urban Mass Transit Administration came over to the building to meet with pro- Disabled Group Stages Protest For Wheelchair Lifts on Buses from page A1 [starts on 496, continues here 509, ends on 488. Overlap with 509 and 488] ...test organizers. However, the meeting never took place. “They got on the elevator and didn't tell us what floor they were going to. so we said, ‘The hell with it."' the Rev. Blank said. The protesters began their demonstration Monday to coincide with an appearance by Mr. Skinner at the American Public Transit Association (APTA) convention at a downtown hotel. After occupying the plaza floor of the federal building for eight hours Monday, more than 100 disabled activists were evicted at the close of the business day, only to be allowed back inside after President Bush personally intervened. “We're here until the order gets signed." Michael W. Auberger, of Denver, one of the co-founders and organizers of ADAPT, said Monday. Mr. Auberger and other demonstrators from throughout the country lined their wheelchairs two and three deep near the doorways to the federal building. located at the corner of Spring Street and Martin Luther King Jr. Drive, trying to stop anyone from leaving or entering. Mr. Auberger, who has been disabled since he suffered a spinal cord injury 17 years ago, and others blocked revolving doors by attaching chains and iron bicycle locks around their necks and locking them to door handles, a tactic used to prevent security from simply lifting protesters out of their wheelchairs to clear the doorways. At one point Monday afternoon Mr. Auberger, 35, said, “They'll have to carry everybody out or arrest them." At 6 p.m. Atlanta police and officers from the General Services Administration, who provide security for the building, ordered the protesters to leave and began carrying them outside. The guards used large bolt cutters to sever the chains holding some demonstrators to the doors. At about 8 p.m., as guards were removing the last of the demonstrators, Gary C. Cason, regional administrator of the General Services Administration, told police and maintenance workers to allow the protesters back into the building. “The decision is to let them stay in the building because of the president's deep commitment to the handicapped and their right to protest." Mr. Cason said. Mr. Cason said Mr. Bush also said he was concerned about the protesters sitting outside in the chilly overnight temperatures and rainy mist. Maintenance crews appeared a half-hour later with blankets. Mr. Cason said the protesters would be restricted to the lobby floor and would have access to the restrooms. Protest organizers credit White House counsel C. Boyden Gray for Mr. Bush's action. Mr. Auberger said they contacted Mr. Gray, who took their case to Mr. Bush. The president then called the head of the GSA, Richard G. Austin in Washington, telling him to allow the demonstrators back inside. The protest forced most visitors to the building Monday to use a basement entrance adjacent to an underground parking lot. Mr. Auberger said the group planned to stay in the building overnight and would block the entrances again at noon if the Transportation Department does not order changes in transit-access rules. “At noon the administration has to decide whether or not they are going to arrest us, or we’re closing the building down again,” he said shortly before 11 p.m., as the protesters ate Chinese food they had ordered and made themselves comfortable in the hallway on the Spring Street side of the building. The demonstration was the second in as many days held by ADAPT, a nationwide organization. The event was held in Atlanta to coincide with the annual conference of the American Public Transit Association (APTA), meeting this week in Atlanta, and to attract the attention of U.S. Transportation Secretary Samuel K. Skinner, who spoke to APTA Monday morning. APTA opposes legislation pending in Congress — that ADAPT supports — called the Americans With Disabilities Act. The proposal would remove barriers in public transportation by requiring public transit authorities to have wheelchair lifts on any new buses purchased 30 days after the measure was enacted. APTA officials say they oppose that portion of the measure because it would cut into limited federal funds. While Mr. Skinner has said he supports the bill, ADAPT wants him to issue an executive order so the stipulation can take effect immediately — prior to congressional action. Protesters demanded to talk with Mr. Skinner while he was in Atlanta, but Mr. Skinner departed for St. Croix without meeting with them. Robert Marx, a spokesman for Mr. Skinner, said the secretary does not have the authority to issue such an order, only the president. Spokesmen for ADAPT believe Mr. Skinner is not championing their cause because of a lawsuit the group won against the Chicago Transit Authority (CTA) two years ago, when Mr. Skinner was chairman of the city's Regional Transportation Authority. The court ruling required the CTA to purchase wheelchair lifts when ordering new buses. Photo: Looking down the long narrow glass walled lobby. In the foreground a man is lying bundled in a blanket on the floor. Beside him his motorized wheelchair sits empty. A little further back in the lobby several people sit in their wheelchairs and scooters by a cardboard box and some bags and papers. photo by ANDY SHARP caption: Woody Osburn of Tulsa, sleeping, and others, seen early today in the Russell Building.
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The Handicapped Coloradan ADAPT wins transit access VlCTORY! Federal court orders all new buses to be equipped w|th wheelchair lifts APTA pressures DOT to appeal decision Feb. 13,1989. Call it V-D Day. Victory over the Department of Transportation (DOT). Or call it V-A Day. Victory over the American Public Transit Association (APTA). Because on that day in Philadelphia, within earshot of the Liberty Bell and walking distance of the hall in which the Declaration of Independence was forged, disabled Americans won not only the right but the means to ride mainline public transportation. On a 2-l vote, the U.S. Court of Appeals for the Third Circuit ruled that in the future every transit system in the nation that buys buses with assistance from the DOT must purchase only buses equipped with wheelchair lifts. That decision reverses a 1988 ruling by U.S. District Judge Harold Katz who upheld DOT’s policy of allowing transit systems the “local option" of providing public transit to people with disabilities through a paratransit system. APTA, which reaffirmed its support of local option at its last national convention, has urged DOT to appeal the decision to the U.S. Supreme Court. Such an appeal must be filed within 90 days, or by May 13, 1989. DOT already has filed for a rehearing, and the court is expected to announce by March 29 if they would be willing to reconsider the decision. Justices Carol Los Mansmann and A. Leon Higginbotham wrote the maiority opinion with Judge Morton Greenber dissenting. The case was brought to the Court of Appeals by a dozen disability rights organizations, led by the militant American Disabled for Accessible Public Transit (ADAPT) and the Eastern Paralyzed Veterans of America. Timothy M. Cook, director of the newly formed National Disability Action Center, argued the case. It wasn't the first time wheelchair lifts have been in the courts. in 1979, the DOT, at the direction of President Jimmy Carter, ordered all transit systems to install lifts on new buses, but that mandate was struck down in federal court after an appeal by APTA. APTA’s insistence on local option led to the creation of ADAPT by a handful of militant wheelchair users in Denver, who set up pickets outside the Hilton Hotel headquarters of APTA's I983 national convention. At the insistence of Mayor Federico Pena, ADAPT was allowed to speak before the convention and no arrests were made. That was the last time either situation would exist. At every subsequent national convention or regional APTA meeting, wheelchair militants have shown up in force, blocking buses and hotel entrances until local police forces were forced to cart them away to jail. “Who would have thought a bunch of ragbag crips from Denver could have started something that would have grown this big?" asked ADAPT founder Wade Blank, co-director of the Atlantis Community, a local independent living agency. Both Blank and Cook cautioned that the war was not over yet, although both said they were pleased that the 73-page court opinion was filled with the language of the civil rights movement and would go a long way toward convincing those on the fence that their cause was just. The Court of Appeals opinion reads, in part: “We find the goal of eradicating the ‘invisibility of the handicapped‘ led Congress to enact measures to facilitate, if not immediate and complete mainstreaming of the handicapped, then affirmative and aggressive steps in that direction." The decision involves only new buses, as the justices argued that requiring systems to retrofit old buses would subject them to "undue burdens." Cook said after the decision was handed down that the "opinion is completely consistent with President Bush's call last week, in his speech before Congress, for Americans with disabilities to be ‘in the economic mainstream.‘ Nothing is more essential to meeting that goal than the provision of accessible public transportation." Mike Auberger of the Denver ADAPT chapter, who's been arrested in several cities while engaging in civil disobedience, agreed that accessible public transit is the key to enabling disabled people assume full citizenship. "People are dying out there," Auberger said. "Disabled people go into nursing homes because they don't have any options. I personally know people who have committed suicide because they don‘t have any options. Wheelchair lifts will give them that option." Auberger said that ADAPT doesn't plan to rest on its laurels. They'll be Reno April 7-ll for a regional APTA convention and back in Denver April 23-26 for the national meeting of the Urban Mass Transit Association (UMTA). “Our demand is simple," Auberger said. “We just want them to drop the appeal process and accept the decision." If they don't, Auberger promised that protesters would try to fill the jails one more time. To that end, ADAPT members intend to picket DOT offices in 12 cities on Good Friday, March 24, and ask staff members there to call the Presidiential assistant in charge of transportation matters and ask that the court decision not be appealed. "If they don't make the call, then we don't go," Auberger said. "I'm sure we'll take some heat because we're doing it on Good Friday," he said, explaining that he expects many offices to be shorthanded because of workers leaving early for the Easter weekend. "That should just add to the confusion."
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The Handicapped Coloradan AUTUMN 1989, VOL. 12, NOS. 4 & 5 [This is the full text of an article that appears in ADAPT 508 and 504] [Headline] FEDS GIVE IN! [Subheading] It ain't over till it's over—and it’s over A struggle that began ten years ago in falling snow on the streets of Denver may have ended this October in Atlanta, the city where Martin Luther King, Jr., preached the value of civil disobedience from the pulpit of the Ebenezer Baptist Church. As more than a hundred demonstrators held the Richard B. Russell Federal Building hostage, representatives of President Bush and the American Disabled for Public Transportation (ADAPT) hammered out an agreement that will eventually put a wheelchair lift on every bus in America. The statement stopped short of a full promise to mandate lifts, but it did contain this Statement: "Full accessibility in public transit is the President's policy." And it did promise that the government would try to prevent any transit system from purchasing non-equipped buses before the Americans with Disabilities Act (ADA) is adopted. That measure does mandate full accessibility and is expected to be approved by Congress and signed by the President. Privately, federal negotiators told ADAPT that they would guarantee that no more systems buy liftless buses, according to informed sources, who said that a videotape of this promise exists. It is probably too late to block the purchase of non-accessible buses in Pittsburgh and Albuquerque, however, since these cities have already had their proposals approved. The Atlanta agreement comes in the wake of a decision by the U.S. Court of Appeals for the Third Circuit in Philadelphia that reaffirmed an earlier decision by the court that persons with disabilities must be provided effective access to public transportation services throughout the nation. In the 9-3 ruling, the Court of Appeals struck down a regulation issued by the U.S. Department of Transportation limiting the amount that transit systems had to spend on disability access to three percent of their operating budgets. The Court said that the limit was "arbitrary and capricious.” By an 8-4 vote the Court ruled that existing buses need not be retrofitted but that all new buses must be equipped with lifts. Timothy M. Cook, director of the Washington-based National Disability Action Center, who argued the appeal on behalf of ADAPT, said the decision will lead to the adoption of multi-modal systems that include accessible mainline buses as well as door-to-door transit for those who are unable to board lift-equipped buses. The July 25 ruling reaffirmed a similar ruling made in February by three of the judges. That decision had been appealed by the DOT. The Court of Appeals has sent the case back to the lower court with instructions that it set a specific time-table for the issuance of new regulations by the Secretary of Transportation. One of ADAPT's founders, Wade Blank, said the court decision and the concessions made by the President in Atlanta were very satisfying, but that somehow the group was unable to celebrate, at least in a formal fashion. “I went down to a meeting [of the RTD Handicapped Advisory Council] and told the people there that we had won this great victory, and most of them didn't even know what I was talking about," he said. Blank said the accessibility victories that had already been won in Denver had made these people complacent. It was a different story in Atlanta, however, where scores of demonstrators from across the country had converged to picket the annual convention of their arch-nemesis, the American Public Transit Association (APTA), which has consistently opposed any attempt to require mainline wheelchair accessible service. ADAPT has been picketing national and regional conventions of APTA since the organization met in Denver in 1983. Except for Denver, where the demonstrators had the endorsement of the city’s mayor, Federico Pena, those meetings have been marked by demonstrators being arrested for picketing the APTA convention headquarters and for blocking city buses. The story was a little different in Atlanta where the demonstrators made a token push at the barricades around the Hilton Hotel on Sunday, Oct. 24, before they moved on to their real objective, the Russell Federal Building, the next day. Wheelchair protesters poured into the building, jamming hallways and blocking elevators, which trapped federal employees on the top floors of the building. At 6 p.m. federal marshals moved in and began physically removing demonstrators, but with little success. As marshals pried open a door and wheeled one demonstrator out, several more sped inside. One demonstrator managed to be escorted out of the building seven times. It was a game of musical wheelchairs until President Bush intervened, ordering the marshals to let the demonstrators back into the building. Things quieted down until the next day, Tuesday, Oct. 26, when the demonstrators once again poured into the building and blocked the elevators. “It got a little ugly," Blank said. "Some of the disabled people were attacked by federal employees." But even as demonstrators and federal employees were battling to see who would eventually gain control of the building, the historic agreement that would end non-accessible public transit was being signed. ADAPT had won, although a few blocks away APTA officials were arguing that the group had not been instrumental in the decision. With a public transportation victory in their hip pocket, ADAPT turned its attention to the private sector on Wednesday by halting bus service at the Greyhound terminal in downtown Atlanta for more than five hours. Demonstrators blocked the driveways and in some cases chained themselves to the drivers’ steering wheels. More than two dozen of them were arrested, but all were later released on their own recognizance. Greyhound regional manager Tom Street said that only four buses, carrying a total of 80 passengers, left Atlanta during the siege, instead of the normal 20 buses and 600 passengers. Greyhound has a “Helping Hands" program where persons in wheelchairs may ride the buses so long as they are accompanied by an able-bodied friend, who rides free. Demonstrators said that this policy severely restricts their freedom of travel. They were also upset that Greyhound does not allow battery operated wheelchairs to be transported on their buses. Boxed Text: Text of statement signed by Feds, ADAPT in Atlanta The following is the text of the statement issued on Sept. 26, I989, in Atlanta by representatives of ADAPT and the federal government. We have had the opportunity to meet with representatives of the disabled community here in Atlanta today. We have mutually agreed to the following points: 1. The Urban Mass Transportation Administration will recommend to Secretary Skinner that officials of the Department of Transportation and representatives of the disabled community shall promptly meet and confer for the purpose of establishing a process for identifying and dealing with any eleventh hour attempt to circumvent the principle of accessibility prior to the adoption and effective date of the Americans with Disabilities Act. Full accessibility in public transit is the President's policy, We are making this recommendation because the Department cannot issue a summary order commanding immediate accessibility, including wheelchair accessibility for all transit. We would, if we could. 2. Because the President shares the sense of urgency of the demonstrators here in Atlanta for the passage by the House of Representatives of the Americans with Disabilities Act, we have agreed to recommend that a workable arrangement be negotiated to accommodate a continuing symbolic presence by the disabled community at the Richard B Russell Federal Building. 3. We have also agreed to communicate to Secretary Skinner the concern expressed here that the current rule-making for implementation of the Air Carriers Access Act of 1986 is not on a sufficiently tight timetable and should be resolved at the earliest practicable date. End of boxed text. PHOTO (by Tom Olin?): A medium close up of Lillibeth Navarro, a small Phillipina, who leans forward intensely, chanting or yelling full force. She sits in her motorized chair her right hand in a fist resting on her armrest. Her large glasses and glossy dark hair seem almost out of place with her intensity. She is wearing and ADAPT shirt that says "I Will Ride" and has the old "no steps" (a set of steps covered with a circle and a diagonal bar across - the no symbol) logo surrounded by "American Disabled for Accessible Public Transit." On the left shoulder of her shirt you can see the list of cities ADAPT had held actions. In her lap a bandanna covered with the "no steps" logo. Caption: I am a disabled person. Hear me roar.
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This story in its entirety is on ADAPT 496.
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Rocky Mountain News 12/15/1985 Disabled Protest RTD Buses By Joseph B. Verrengia Rocky Mountain News Staff Writer Denver police Thursday, arrested a handicapped protestor who ignored police warnings and rolled his wheelchair in front of a Regional Transportation District bus on East Colfax Avenue. Police said Mike Auberger, who belongs to a Denver-based, militant disabled-rights group known as ADAPT, was arrested at about 1:30 p.m. at the intersection of East Colfax Avenue and Cherry Street. Auberger, who also was arrested in Washington, D.C. last October for a similar disturbance at a national transit convention, was booked into the Denver County Jail for creating a traffic hazard. He was released at 6 p.m. on a personal-recognizance bond. A court appearance has not been scheduled. He was one of four disabled demonstrators who disrupted bus service at the East Colfax intersection for about one hour. They were protesting RTD’s delay in repairing broken wheelchair lifts on 303 buses. Squads of four wheelchair-bound protestors also blocked buses at the intersections of the 17th and California streets and Broadway and East Colfax Avenue. Wade Blank, an able-bodied demonstrators who organized the protests, said ADAPT will hold similar “hit-and-run rallies” at randomly selected bus stops throughout the six-county transit district until the RTD directors vote to fix the lifts. "RTD spent $250,000 moving Ed Colby’s furniture,” Blank said, referring to the amount RTD reimbursed new general manager Ed Colby for his 1984 moving expenses and related taxes, plus his regular salary. “But,” Blank said, “they won’t spend money to make these lift s work.” RTD has budgeted $753,059 to modify the lifts’ electrical systems, where transit officials estimate about 75 percent of the lift breakdowns occur. On Tuesday, the agency’s planning committee voted to delay the lift repairs until the directors reconsider the agency’s handicapped-passenger policy at a Feb. 26 board meeting. With lifts on about half of its 750 bus fleet, Denver has one of the nation’s most accessible public transit systems. However repairs to the unreliable lifts are so costly and disabled ridership so small – 12,000 rides a year – that some board members would prefer to transport handicapped passengers in specially-equipped vans. Blank and his protestors reject “dial-a-ride” and similar van service as separate–but-equal treatment. RTD spokeswoman Diana Yee said Thursday’s incidents caused brief “inconveniences” for passengers and forced several bus routes to run behind schedule. She said transit officials would call the police again if protestors continue to do lay bus service. “We cannot solve this issue on the street corner,” Yee said. Yee said RTD has scheduled two meetings next week in which handicapped protestors can challenge the agency’s decision to delay lift repairs. Photo by staff Frank Murray [in the Top Right Corner]: Two men in suit coats and ties cross the street in from of a city bus that is being blocked by two people in power wheelchairs. A man [Larry Ruiz] and a woman [Ellen Liebermann] sit in their power wheelchairs in front of the middle of an RTD bus, #28 headed to Applewood Village, blocking it from going forward. Caption: Larry Ruiz, left, and Ellen Liebermann park their wheelchairs in front of an RTD bus at 17th and California streets Thursday as part of protest of chairlift repair delays. Similar rallies are planned at other bus stops. Highlighted quote on top left of page: “We cannot solve this problem on the street corner.”- Diana Yee, RTD spokeswoman
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Letterhead: logo with two stylized wings? or ribs? or plant? National Committee for the Rosa L Parks Shrine 9311 Wildemere Detroit Michigan 48206 Tele 313-898-6776 October 3, 1986 ADAPT Atlantis Community Inc. Rev. Wade Blank Eastside Office 4536 E. Colfax Denver, Colorado 80220 Dear Rev. Blank, Mrs. Parks will not be participating in the press conference on October 5, 1986 at twelve noon for ADAPT because, of the tramatic manner in which you choose to dramatize disabled Americans lack of access to public transportation. Mrs. Parks supports active peaceful protest of human rights issues not, tactics that will embarrass the cities guest and cripple the cities present transportation system. We do not wish any American to be discriminated against in transportation or any other form that reduces their equality and dignity however, we cannot condone disruption of Detroit city services. Please excuse the sudden withdrawal from what we originally thought was a conference to present ADAPT's issues on equal rights for disabled Americans in public transportation to the City of Detroit. We wish you success in securing equal rights for all users of public transportation. Very truly yours, Elaine Steele, Assistant to Rosa L. Parks
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Rocky Mountain News 10/16/84 Denver- Boulder rides offered to handicapped By JOSEPH B. VERRENGIA Rocky Mountain News Staff Writer The Regional Transportation District started offering special rides between Boulder and Denver for handicapped passengers Monday amid criticism from disabled activist that the new service is a form of illegal segregation. “We’re not looking for special, we’re looking for equal,” said Wade Blank, spokesman for the disabled protect group called Adapt. “Basically, we’re being segregated.” RTD contracted with Special Transit Systems Inc. of Boulder to provide the new service. It will operate on weekdays during rush hours between the Boulder Transit Center, 14th and Walnut streets, and down town Denver, outside the Market Street Station. Morning Trips leave Boulder at 6:30 a.m. and arrive in Denver at 7:15 a.m. The bus starts its return trip to Boulder at 8:30 a.m., arriving at 9:10 a.m. Afternoon trips leave Boulder at 4 p.m. and arrive in Denver at 4:40. The return trips leave Denver at 5:30 p.m., arriving in Boulder at 6:20. The rides require reservations at least three business days in advance. Special door-to-door service by STS is available the rest of the day. The fare is $1.75 each way, the same as a regular RTD express bus ride. RTD officials are offering the service as a compromise to handicapped riders who demand that wheelchair lifts be included on new over-the-road buses scheduled for purchase next month. Those buses would be used for express runs to Boulder, Evergreen and Conifer. Without the special service, RTD officials said, disabled people would have no public transit between Denver and Boulder. “Perhaps as an interim problem-solver, it (the special service) is done in good faith,” Blank said. “But I hope it wouldn’t be a permanent alternative. Most people don’t know their plans (for bus riding) three days in advance."
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A photo (by Tom Olin?): A group of demonstrators, some using wheelchairs, seem to be waiting by the side of the road. Three posters are readable: "ACCESSIBLE TRANSPORTATION NOW!" and "APTA OPPRESSES." Diane Coleman sits on the left side of the picture holding a CAPH (California Association of the Physically Handicapped) sign, beside her a woman stands, hands on her hips, behind her an attendant is standing. Beside her Tom Pugh sits in a manual wheelchair, and on his other side Frank McColm is also in a manual chair looking over his shoulder to his right. Standing behind and beside Frank, slightly behind the APTA Oppresses sign Wade Blank stands with his arms crossed in front of his ADAPT T-shirt. Beside him is another person standing. On the far right in the very front Beverly Furnice reclines in her chair looking off to her left with an unreadable sign in her lap.
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Wade Blank, from the waist up, wearing a black ADAPT Free Our People T-shirt. He has long - below the shoulder length - straight blonde hair parted in the middle, and he is wearing round tinted glasses. Behind him you can see the red and white stripes of the ADAPT flag.