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+ Marilyn Golden 5
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.
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This is a continuation of the article and photo collection on 536, and 525. The text version of the entire article, etc. is included in 536.
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Arizona Republic 4/17/87 Photo (whole right of the page) by Peter Schwepker/Republic: A small woman [Mary Ann Collinsworth] braces her legs to pull another woman [Katie Hoffman] in an airport style manual wheelchair across some rough terrain. Katie is holding the arm rests of the chair. Caption: Mary Ann Collinsworth helps Katie Hoffman maneuver across rocks as the Denver women head for a protest at the Mansion Club) Title: 5 Protesters Arrested for Wheelchair Honking By J.F. Torrey The Arizona Republic [This is an article that appears in ADAPT 326 and 325, but the entire text has been included here for easier reading.] Excessive wheelchair horn-honking led to disorderly conduct arrests of five members of the American Disabled for Accessible Public Transit on Monday afternoon in front of the downtown Phoenix Hyatt Regency. The arrests came from a frustrating morning for members of the group, which is in the city to protest the policies of the American Public Transit Association. The association is holding its annual Western meeting at the Hyatt. ADAPT would like to see the association, a trade group of public-transit-system officials, adopt a policy recommending that all public buses be equipped with lift systems to accommodate wheelchair-bound passengers. The arrests began at 3:41 p.m. after ADAPT members refused to stop blowing the horns on their electric wheelchairs. Four of the five people arrested were arrested Sunday at another demonstration. Phoenix police Lt. Ted McCreary led a half-dozen plainclothes officers over to the group of horn blowers, who were at the northern end of a line of 48 wheelchairs and a baby carriage that the protesters had assembled in front of the Hyatt. The group had spent more than an hour chanting and singing outside the hotel when McCreary made the attempt to silence the horns, which had been blowing intermittently during the demonstration. As police closed in, the original group stopped blowing the horns, only to be surrounded by other demonstrators in wheelchairs who began blowing theirs. Police eventually identified a demonstrator they planned to arrest, only to be surrounded by the rest of the demonstrators in wheelchairs, an action that made it difficult for police to move the suspect to a waiting lift-equipped van. McCreary later expressed frustration at the problems involved in policing the demonstration. "None of this is ever good,” he said. “We’re never in a winning position.” One of those arrested, Marilyn Golden, 33, of Oakland, California, complained that police had broken an agreement reached with ADAPT members in Monday’s arrests. “We were told that if we were going to be arrested, we would be warned,” Golden said. “I wasn’t, and I don’t even know what they’re arresting me for.” Sergeant Ken Johnson, a police spokesman, said he was not aware of the agreement to provide a warning. “Certainly there is no legal requirement that we give a warning,” Johnson said. “Maybe she couldn’t hear it because of the horns.” Earlier in the day, at a demonstration at the Mansion Club near the Arizona Biltmore Hotel, Sergeant Brad Thiss, another police spokesman, expressed similar sentiments as nearly 30 plainclothes officers approached a group of demonstrators who were attempting to block access to a luncheon of spouses of association members. When asked why only a few officers were in uniform, Thiss replied, “We’re trying to soften our image a little bit. Of course, how can you soften your image in wheelchairs into vans and arresting them?” The Mansion Club luncheon protest did not result in any arrests because those attending walked to the restaurant. ADAPT organizer Mike Auberger said that the protest achieved its goal because no buses passed the group’s line. “We want the function to go on as it would,” Auberger said. “We just want the people to experience the same convenience that handicapped individuals do.” After a brief standoff at a bridge over a Salt River Project canal, Auberger led the group back to a parking lot at the Biltmore Hotel where they surrounded a Phoenix Transit Authority bus they believed was to take association spouses back downtown. The bus turned out to be a decoy, and the spouses took a second bus back to the Hyatt. Thiss said the department will not calculate the expense of policing the convention until it is over. “For now, all I can say is the costs are enormous,” he said. Police arrested 26 ADAPT members Sunday for trespassing at Rustler’s Rooste, a southeast Phoenix restaurant where association members were attending a banquet. Those arrested were released later after being given a written citation. One protester, Clarence Miller, whose age and address were unavailable, was arrested for one count of aggravated assault on a police officer, a felony, and booked into Maricopa County Jail. ADAPT’s Auberger said Miller was required to post $1,370 in bail before being released Monday. Auberger, who said Miller is retarded, faulted the arrest.
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WHEN IS TOO MUCH: "Helping" the Disabled by Mary McKnew Just as airplane pilots want assurance that a plane's steering wheel won‘t come off while flying over Europe, people utilizing a bus wheelchair lift deserve to expect that the lift will operate in a safe and predictable manner. However, I have to admit that too much focus on “safety” issues has me a little worried. To some transit officials, “safety” issues in providing transportation services for people with disabilities raise old stereotypes of helplessness and can quickly become a rationale for imposing paternalistic policies. For example, here in Olympia, the local Intercity Transit Authority and the state's Department of General Administration are co-sponsoring a shuttle service between the capitol and downtown Olympia with routes passing other major states offices. With the local parking problem, this system is extremely convenient. From the beginning, all vans used in the service have been equipped with wheelchair lifts. All this, of course, is very commendable. So, what's the problem? Unfortunately, the van's tie-down system, lack of grab-bars and driver policies reflect a paternalistic attitude towards disabled passengers by promoting dependence in the name of safety. The tie-down system is one of the most primitive I have ever encountered. It uses straps to bind each of a wheelchair's four wheels to the floor in a rather intricate system that takes the driver approximately five minutes to accomplish. To tie-down a wheelchair, the driver must get on his or her hands and knees. Thus, it is not possible for even very mobile wheelchair users to accomplish this independently. However, once the straps are in place, none of the wheels will move even a centimeter. During this five minute routine, other van passengers wait outside (some glancing at their watches) until the driver folds the lift back in place and allows them to board. After being strapped down, the driver then will place a seat-belt around the wheelchair user. Seat belts are not available for other passengers. If the wheelchair user decides to reject use of a seat belt, the driver will attempt (sometimes loud) persuasion, finally telephoning into the office to report that the passenger has refused use of the belt. I use a wheelchair for mobility due to a low and incomplete spinal cord injury. I object to many of the features in the Intercity Transit system that, to me, are designed on the premise that people with disabilities will always need a lot of assistance from the driver. Although the driver should be trained and willing to provide assistance if it is requested, the system should be designed to promote maximum independence. Most tie-down systems can be easily manipulated by most wheelchair uses with finger movement. Although some wheelchair users need a seat belt due to problems with balance, drivers should not assume they are needed by all such passengers. A policy that requires a driver to phone in to report a passenger's rejection of the seat belt is founded on the belief that people with disabilities are incapable of making sound decisions regarding their own safety. Additionally, although grab-bars are located along the ceiling walls of other seats, none are available near the tie-down area. Thus, if the bus lurches while enroute, a wheelchair passenger has nothing to hold onto. I suppose this makes it more likely a wheelchair passenger will comply with the seat belt policy, recognizing that a passive restraint is better than none at all. Intercity Transit has been providing paratranslt services to people with disabilities for a number of years. They have moved into the provision of mainline transportation services (i.e., access to the regular bus service) only recently. It appears that they have simply shifted their operating policies and procedures from one system to the other without considering if these are applicable to the new service. I have brought my objections to Intercity Transit’s attention. Although the staff disagree with most, they are reconsidering others. Safety is a concern to people who use wheelchair lifts. However, we cannot allow it to become a convenient rationale for either eliminating the service or instituting restrictive policies that treat people with disabilities in a disparate manner from other passengers. PHOTO (by Tom Olin): A large crowd marches downhill on a wide street. In the front row a little girl in a wheelchair (Jennifer Keelan) is pushed by her mother (Cindy). Beside them a woman in a motorized wheelchair (Diane Coleman) and a long skirt and white jacket has a sign behind her reading "we the people." Beside her a man in a manual wheelchair (Bob Kafka) with a big salt and pepper beard rolls along. In the row behind, between Bob and Diane, is a woman in a wheelchair (Mary McKnew) and a man who walks (Lannie Schuman) are visible and next to them another man marches behind Diane. Behind Jennifer and Cindy is Tari Susan Hartman. Rows of marchers go further and further back up the street to the top of the hill and presumably beyond. Caption reads: Just to the right at the placard Washington residents Lannie Schuman and Mary McKnew participate in a San Francisco demonstration for transportation rights. ABOUT THE AUTHOR... In 1987, Mary McKnew tried to get arrested for the first time. She sat in front of a San Francisco police van and refused to move. She sat in her wheelchair directly under the wheels of a bus and refused to move. "I did many illegal things." she says wryly. What she did, she did in the name of accessible public transportation for people with disabilities... a personal and political quest McKnew has been following for the past 12 years. Although McKnew wasn't arrested at that demonstration (in spite of her civil disobedience efforts), many others were. More than 500 people organized by the American Disabled tor Accessible Public Transportation (ADAPT) marched through the streets oi San Francisco to the city hall to protest the continuing discriminatory policies supported by the American Public Transit Association (APTA). ADAPT has been a persistent thorn in the side of APTA for many years. Fortunately, their persistence paid off. With the final signing of the Americans With Disabilities Act (ADA) expected any day, ADAPT—- and McKnew — will see many of their demands for fair, accessible transportation become reality. But McKnew says that just because you pass laws doesn't mean you quit being an activist. "The ADA will bring private transit companies under regulations just like public ones," she says, "but just passing a law doesn't mean we solve the problem. implementation is a whole other thing." In part, McKnew was referring to the possibility that some private companies may reduce the seating capacity in some of their smaller vehicles in order to side-step the accessibility requirements mandated by the ADA. "What the ADA will do is provide a clear avenue for lawsuits," she says. Is McKnew planning on handling some of those lawsuits herself? It may be too early to tell. Currently an executive policy assistant in the Office of the Governor, McKnew is also a second-year law student at the University of Puget Sound. (This story continues in the original format on 571 but is included here in its entirety for ease of reading.)
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Independen Life Spring 1990 Article 1: Urgent Call to Action! Pass Strong ADA Now! ADA needs you! And your family, your neighbors and your colleagues — to flood Washington with appeals for justice, today and everyday, until the president signs a strong ADA! Representative Lynn Martin 815/987-4326 (local) 202/225-5674 (Wash.D.C.) 1208 Longworth Office Building Washington D.C. 20515 NO TDD AVAILABLE Lynn Martin (R-IL) must hear from as many of us as possible for two very important reasons: 1) She is a member of the House Rules committee, which determines what version of the ADA reaches the House floor. Tell her you support the Senate version of the bill. 2) Martin, who is not an ADA co-sponsor will be running for the senate this fall. Let her know that we need her support. Contact Martin and all the Illinois House members today to urge their support of a strong ADA. NO WEAKENING AMENDMENTS! The grassroots efforts targeted at the U.S. House of Representatives will determine whether the ADA is ultimately enacted in the strongest form possible. Weakening amendments are expected. Our opponents will not give up. LET'S NOT STOP NOW! If you have sent letters to the President, Speaker Foley and Minority Leader Michel, send them each two more. If you have sent cards to members of Congress, send some more. If you have visited your Congressional office with five friends, visit again with more friends, and call every week to check on the progress of the ADA. (See page 5 for The ADA Western Union Hotline Number.) PHOTO Two women smile at the camera. The woman on the right has a sign behind her head that reads "PASS ADA WITH NO WEAKENING AMENDMENTS." The other woman holds her hand in a partially raised fist. Behind both is a third woman in the shadows, who is also smiling. Caption reads: Access Living's (l to r) Bobbie Boyce- Williams, Beverly Gonzalez and Pearl Mathews support the March 12th rally in D.C. at Chicago's rally for the ADA held in the Federal Plaza. Groups through-out the country held similar rallies on the same day. PHOTO: A line of protesters in a line at the front of the ADA March, chanting as they go. On far left two older women carry a huge poster. To their right and in front George Roberts carries a poster reading "We Shall Overcome." To his right Stephanie Thomas wheels her manual chair with a sign over her legs that reads "Access is a Civil Right". Holding on to the back of her chair is Frank Lozano who is also holding the harness of his dog guide Frazier. To their right is Jennifer Keelan, a girl of about 8 years who is partially standing in her chair as she chants. An older woman (her grandmother?) is pushing the chair. She and Frank are wearing ADAPT bandannas as headbands. To their right is her little sister Kaylee, walking and holding the handle of Jennifer's chair. Stephanie, Frank, Jennifer and Kaylee are wearing ADAPT T-shirts with the no steps logo. Behind them on the right side of the street is a huge building with columns along its side. Caption reads: Close to 1,000 people joined the "Wheels of Justice" march to the Capitol, March 12, 1990. PHOTO: Looking up from below at the dome of the Capitol against the sky. In front is a huge banner reading "Injustice Anywhere is a Threat to Justice Everywhere" Martin Luther King, JR. Quote beside photo: "It was great to see the unity among the disabled people there. It was an honor to be arrested and serve time with my colleagues." -- Michael Winter, Berkeley, CA President - National Council on Independent Living, NCIL. PHOTO: Picture of Cassie James squished between the back of a power wheelchair and a desk, holding on so she can sit up. Over her head three other protesters (Erik von Schmetterling, Carol Marfisi and Kent Killam) sit on the floor against another desk. Caption reads: Sit-in at Congressman Shuster's office. PHOTO: Marchers in wheelchairs, scooters and walking make their way up toward the Capitol building. In their midst is the ADAPT flag. One man is bent over helping a person in a manual wheelchair. In the foreground a person in a wheelchair has a sign on the back of their seat that reads: Basic access to every new home. The rest is unreadable, but is the basic tenants of Visitability from the group Concrete Change. Quote below picture: "We are not asking for our rights, we are taking them." -- Barbara. Jersey City, NJ ADAPT Member PHOTO: ADAPT members in front of the White House. In the foreground a man and woman in wheelchairs sit talking. Others are on the sidewalk around them, and behind them all is a line of ADAPT protesters with their wheelchairs backed up to the fence. Quote under photo: “The best part of it was that for once we brought every different type of advocate together to form a unified force for change. There was everyone from rehabilitation professionals to independent living staff to congressional staffers to A.D.A.P.T. It really demonstrated the potential power we possess." -- Chuck Graham, Springfield. IL, Coalition of Citizens with Disabilities in Illinois. PHOTO: A slightly jumbled line of people in wheelchairs on the sidewalk next to a major boulevard. Behind them are other people standing and in wheelchairs, An ADAPT flag and another flag appear to be affixed to a nearby light pole. Toward the back of the picture someone is holding a sign reading "ADA NOW." Folks in the front of the shot are from Chicago ADAPT; most are wearing T-Shirts with the old ADAPT, no steps, logo and the woman in the very front has the Chicago ADAPT "ADAPT or Perish" T-shirt (partially obscured.) Caption reads: Joining the marchers are Dr. I. King Jordon, Paulette Patterson from Chicago, Congressman Major Owens, Justin Dart Jr. and Michael Winter, N.C.I.L. President. Quote beside photo: "I continue to feel empowered by having seen our people, in spite of most perceptions to the contrary, “stand up" for their rights." W. Michael Yeager. Washington D.C., Photographer Article 2 (The full text of this article, photos and captions appear here, in the photos it is on 536, 525 and 520): ACCESS LIVING JOINS RALLY AND MARCH ON NATION'S CAPITOL The biggest-ever national non-violent direct action sponsored by A.D.A.P.T. in support of disability rights and the Americans with Disabilities Act occurred in Washington D. C. March 12-14. The weather was unusually hot. Chicago represented one of the largest contingencies. Beto Barrera, Mike Ervin, Nancy Kelen, Ginger Lane, Rebecca Lanen, Rene Luna. Susan Nussbaum, Tom Rafferty, Judith Savage and Ora Schub represented Access Living at the historic event. MARCH 12 THE MARCH AND RALLY ON CAPITOL HILL MARCH 13 163 DISABLED PROTESTERS SEIZED AND 104 ARRESTED FOR REFUSING TO LEAVE THE CAPITOL MARCH 14 45 PEOPLE ARRESTED FOR TAKING OVER CONGRESSMEN SHUSTER'S OFFICE Photo: Marchers headed down an Avenue in DC, some are in chairs and two smiling men in white shirts and ties are in the foreground. One has his power fist raised and the other is holding a sign that says "National Association of the Deaf NAD. To: Congress, Re: ADA, Just Do It!" Caption 1 reads: "It was great being part of this movement and using our power to make things change." -- Rebecca Lanet. Chicago. IL, Access Living. Caption 2 reads: Access Living's Susan Nussbaum (far left) with DREDF's Marilyn Golden at the march. Photo: I. King Jordan standing at the plaza on the Capitol steps. Behind him you can see the top of the fountain and the upper level balcony of the Capitol as well as some fancy archways. He has a microphone in front of him and he is smiling as he addresses the crowd. Caption reads: “The time to pass this bill is now. We can wait no longer" Dr. I. King Jordan, Washington DC, President Gallaudet University A quote: "Together we shall overcome" Photo: A boy in wheelchair (Kyle Glozier) with a communication device on his lapboard. He is wearing several buttons and an ADAPT shirt. Hanging from the front of his lap board is a poster reading "We will Ride." Caption reads: An Americans Disabled for Accessible Public Transportation (A.D.A.P.T.) member. Photo: The Capitol rotunda crammed with people in wheelchairs and a few people standing. On the wall in the back is a life-sized black statue of a man from some olden times, and a humongous painting in a gilt frame. Everyone is looking toward a man in a suit who is standing next to someone doing sign language interpreting. Caption reads: “It was the most incredible amount of power a group of disabled people ever held over its government. We closed down the Capitol while people were being arrested. All visitors and staff were turned away from the Hill for several hours. Speaker of the House Foley and Minority Leader Michel who only meet in the rotunda for state occasions both came to the rotunda together to meet with us. I guess you could say that ADAPT actions are definitely occasions. " Mike Auberger. Denver, CO, ADAPT Member Photo: The dome of the Capitol rises in the background and below it is the ADAPT flag. People in wheelchairs being pushed, in power chairs, people walking, all heading toward the Capitol. Photo: Looking down into the crowd one can see the mix of people. Several are gathered around Dr. I. King Jordan. Others are sitting or standing listening or waiting. There are 2 men with mouth driven wheelchairs, one of whom is Tim Baker. There is a woman in a miniskirt and a sports wheelchair. Mike Ervin is kind of in the middle foreground. Caption reads: Michael Ervin (foreground) was among one of the 10 Access Living staff members at the A.D.A.P.T. action. Ervin is past president of Chicago's ADAPT group. Photo: Five people in wheelchairs and one standing person look toward a van. The standing woman appears to be clapping and Eleanor Smith (one of the folks in chairs) has her power fist raised. A scooter in the foreground has a Concrete Change sticker on it. Behind the group you can see the front of the Capitol, the side facing the Supreme Court and Library of Congress. Caption reads: "The impact we made was phenomenal. By arresting 104 disability rights activists, the police facilitated a very empowering situation. For eight hours as we waited to be processed through the system, we met new co-advocates, argued, debated and strengthened our political power." -- Ginger Lane, Chicago, Access Living