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Начало / Альбомы / Тег ADAPT 80
- ADAPT (272)
Detroit Free Press 10/9/86 PHOTO by Damon J. Hartley/Detroit Free Press: Two men in wheelchairs sit side by side but facing in opposite directions. One man, in a sports chair, who is dressed mostly in light colored clothes, has a bushy crop of dark hair and a mustache and beard (Bob Kafka). The other, in a more conventional manual chair without armrests, is dressed in dark clothes and has a headband and long hair and beard (Jim Parker). Bob has his inside arm up and his hand on Jim's shoulder. Behind them four uniformed police officers watch. Caption reads: Another Arrest James Parker, left, of El Paso, Tex., is greeted in front of Detroit police headquarters by fellow ADAPT member Bob Kafka, of Austin. Tex., after Parker’s arrest Wednesday on disorderly conduct charges. Thirteen handicapped protesters were released on personal assurance bonds Wednesday. They were among 37 members of the Denver-based group American Disabled for Accessible Public Transportation arrested Tuesday. The group is seeking lifts on all buses. - ADAPT (283)
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 - ADAPT (306)
Disability Rag September/October 1987 RAGOUT WHAT'S COOKIN' [This article continues in ADAPT 305 but all the text has been included here for easier reading.] At the bottom of the page is a cute cartoon of a bus driving along crammed full of folks. “There's been more public discussion in 5 days than there’d been in 5 years" “Now we’re taken more seriously” —As time for ADAPT demonstrations in San Francisco draw near, this story of how one local disability group responded to the influx of ADAPT members from all over the country shows how ADAPT’s style of direct action can work with local disability groups more accustomed to working “within the system." - ed. When ADAPT members from all over the country began descending on Phoenix this spring to protest at the American Public Transit Association’s regional meeting, staff of the Arizona Bridge to Independent Living felt some anxiety over where our loyalties lay. The City of Phoenix had been receptive to the disability community. They'd purchased only accessible buses the last three years. Phoenix's Regional Public Transportation Association had spent hundreds of hours working with us. Yet we also knew from brief interaction with ADAPT that their strongly-worded opinions best expressed our frustration and anger at the system's unwillingness to commit to 100% accessibility. ABIL decided to work with both groups. Prior to their coming, we discussed with ADAPT the guidelines they’d follow in deciding what level of civil disobedience would be involved. We found ADAPT’s demand — that cities purchase only accessible buses in the normal course of replacing a fleet — a reasonable one. ADAPT wasn’t demanding bus systems retrofit their buses, or that they immediately replace all their buses with lift-equipped ones — just a long-term commitment to change. " A month before the APTA meeting, ABIL met with RPTA officials to discuss our and ADAPT's demands for accessibility. To our surprise, RPTA suggested their commitment be put in writing and adopted by their board! ADAPT was already having an effect — and they weren't even in town yet! The day before, ADAPT arrived. ABIL hosted a meeting for those disabled people from all over the community who were most likely to be contacted by media or others regarding the APTA/ADAPT confrontation. A consensus emerged that the disability community would maintain a united front; that the local community's interests were the same as ADAPT’s and that any public discussion beyond that — especially regarding ADAPT's "techniques" — would simply distract from the central issue: accessible mass transit. This single act of meeting and making these decisions was the thing most responsible for the success of our efforts. By spreading the word, we were able to keep from being forced into a public debate over the differences between persons with disabilities rather than focusing the debate on our common interest —- accessible public transit. Negative comments from a few individuals in the community were lost among the events of the next several days. ABIL found itself taking an increasingly larger role as protests and police reaction escalated, with some of us participating in the demonstrations, others calling politicians and media, putting pressure on local bureaucrats and helping to keep lines of communication open. The mayor of Phoenix, in the midst of the media barrage, made a public statement supporting the purchase of accessible buses. After APTA and ADAPT had left Phoenix, ABIL set up a meeting between the Mayor and local ADAPT members. It was the first time the Mayor had sat down with members of the disability community to discuss transportation. Although he and some transit system officials were still angry about the demonstrations, they were taking us more seriously. That's a tradeoff we’re willing to make. The ADAPT experience was a positive one for ABIL and the disability community in Phoenix. The events caused more public discussion about accessible public transit in those five days than there had been in Phoenix in the past five years. The longer the topic stayed in the news, the greater appreciation the public had for the need for accessible public transit. — Robert E. Michaels Executive Director Arizona Bridge to Independent Living, ABIL. - ADAPT (326)
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. - ADAPT (347)
San Francisco Chronicle 9/26/87 Title: 4,000 Transit Officials To Add to S.F.'s Traffic By Harre W. Demoro The executives of North America's 400 transit systems are gathering in San Francisco, worried that their industry is declining and bracing for handicapped people to disrupt their meetings. The handicapped are demanding that all transit vehicles, including San Francisco's historic 37 cable cars, be accessible to wheelchairs, a demand that transit officials say is too costly. The centerpiece of the transit gathering will be a huge trade show, which opens Monday and is expected to draw 15,000 people to Moscone Center. Its 450 exhibits of the latest bus and rail car technology from 15 countries include a gleaming new BART car that is two years behind schedule and has yet to carry a paying passenger. About 4,000 delegates have signed up for three days of technical and professional meetings at the Hilton Hotel, said Jack R. Gilstrap, executive vice president of the American Public Transit Association. Times have changed since Washington-based APTA met here 11 years ago. Then, the Bay Area was a transit showcase and federal officials were promising billions of dollars for a nationwide bus and subway renaissance. Although the San Francisco Municipal Railway has prospered since 1976, the Bay Area's other big transit systems have not done well. After 15 years, the much-heralded $1.8 billion BART system still is plagued by technical and financial problems and has been deserted by 10 percent of its riders in the last two years. BART's general manager, Keith Bernard, has taken a medical leave to escape the pressures running the controversial agency. AC Transit and Golden Gate Transit, two bus systems that were showcases 11 years ago, also have lost riders and are grappling with draconian financial problems. Moreover, the federal government is threatening to cut transit assistance and Reagan administration leaders now point to costly systems like BART as examples of how not to solve traffic congestion problems. Gilstrap, formerly general manager of the huge Los Angeles bus system, said yesterday in San Francisco that he is optimistic that - the next federal administration, no matter what its party affiliation, will be pro-transit. "The nation's crumbling infrastructure must be addressed after the election," he said. The militant handicapped people will demonstrate at Union Square at 1:30 p.m. Sunday, and also picket meetings, banquets and cocktail parties, said Bill Bolte of ADAPT, American Disabled for Accessible Handicapped [sic]. "We are not going to allow these people to have a good meal," said Bolte, who was arrested earlier this year at a demonstration at a transit meeting in Phoenix. Gilstrap said APTA supports federal edicts calling for some vehicles and stations to be accessible`to wheelchairs and for alternative forms of transportation, such as special vans for handicapped people he said. - ADAPT (409)
[This memo is continued in ADAPT 408, but the text of both is contained here for easier reading.] TYPED MEMO [title] SECURITY FOR APTA EASTERN CONVENTION St. Louis - May 14 Through 19, 1988 Set up Command Post at Omni Hotel. A line of communication will be set up between Command Post (Bi-State and the Police Departments of concern. The command rank of all Police Agencies of concern will be shown the APTA film on previous convention, which ADAPT members demonstrated. Line of communication set up with officials at the Arch. A direct line of communication will be implemented between all teams, 8i-State Security in the field and the command post. Also, a line of communication will be set up between officers in the field, the police departments, and between each team. The 8i-State Security will consist of officers from the Under-cover and Reduce Fare Programs. These officers will be working in both uniforms and plain clothes. We will also have police officers from the U.P.S.P. from the E. St. Louis Police Department and the St. Clair County Sheriff's Department. These officers (U.P.S.P.) will be organized into teams. The size of each team will depend on their assignment. Communication has been sent to the San Francisco, California, requesting copies of the film they have regarding the demonstration of ADAPT at a convention in their city. There will be made available a camera crew, with VCR-35 M.M. and polaroid cameras to capture any activity of the demonstrators. This film will be made available for use in court if needed in the event there are arrests. It will also be very useful for future use. All moves from the hotel by APTA conventioneers on convention planned activities will be monitored. The final destination of these trips will be kept under surveillance by uniform and plain clothes officers. All planned convention activities away from the hotel will be monitored to the extent that alternative routes will be planned beforehand. These alternate routes and access will have a code number or name. Security and Command Post will have a complete schedule on any and all planned moves. No moves will be made without Security or Command Post knowledge of same. Alternate means of access at the final destination will also be planned ahead. [page] 1 There will be advanced Security Teams sent ahead, and if they find the routes or final destination has ADAPT demonstrators gathering, this information will be sent immediately and directly to Command Post. It will be at this time the Command Post will give the Code as to what route and entrance to use. All team captains will have knowledge of these Code words or numbers, and to their proper use. All buses transporting APTA conventioneers will have a uniform or plain clothes officer on board at all times with a radio. The officer will keep in constant contact with Command Post. The Command Post will make the officers of board the bus or buses aware if they will be using the alternate routes and entrance to final destination and be given the alternative coded route and entrance to be used. Each officer on the bus(s) will acknowledge receiving the message. All movement of these buses will also be made available to the Police Departments of concern. Any demonstrators blocking the movement of any of our buses (Bi-State) or blocking the accessibility of entrance to our buses will be arrested and charged accordingly. Camera crew will be called if not already on the scene. Our 8i-State Security will play a major role in this activity. Bi-State will prosecute when we are involved in any arrest. Our security force will assist the police whenever possible. We will have a number of backup officers (reserve) on a standby status. They will be ready when or where ever needed. There will be roving field supervisors (U.P.S.P.) who will monitor all movements concerning the Eastern APTA Convention on the streets, and will keep the Command Post appraised of any and all unusual movements or gathering of the ADAPT demonstrators. The Command Post in turn will notify the Police Department of concern if so warranted. There should be made available two mini Call-a-ride vans. One will assist the law enforcement agencies to transport arrested demonstrators, and the other will be used by Command Post to deliver backup officers to locations they are needed, or for any other emergency which may arise. A sweep will be made each day of all meeting rooms, prior to their occupancy, by Bi-State security and hotel security for any hidden bugging devices or any type of explosives. Available at the Command Post will be a battery charger, spare batteries, and radios. [page] 2 - 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 (446)
PHOTO Tom Olin: A man in a manual wheelchair with no legs, Jerry Eubanks, is being pushed by a skinny uniformed police man. Jerry is looking to his left, the police man to his right. Another cop looks down at Jerry. A couple of other protesters (Stephanie Thomas and ET, Ernest Taylor) can be seen in the background, with 2 other uniformed police men looking toward them and at the very back a man in a sports jacket and tie is looking right. Everyone is in an empty parking lot. All the ADAPT folks are wearing their uniform, a black T-shirt with a gold ADAPT "no steps" logo on the front. - ADAPT (454)
The Daily Sparks Tribune Friday, April 14, 1989 [Headline] Last of protestors freed from jail The last of the handicapped demonstrators were released from jail Thursday night and both sides of the five-day confrontation said they accomplished everything they set out to do. Municipal Court Judge Don Gladstone said he is pleased with the Sparks Police Department's and the court's performance during the confrontation in which members of American Disabled for Accessible Public Transportation (ADAPT) were arrested 72 times for acts of civil disobedience on B Street. The Colorado-based ADAPT came to town to protest a convention held by the American Public Transit Association (APTA) held at the Nugget earlier this week. APTA represents public transit authorities across the country and it is against the federal government forcing those authorities to install wheelchair lifts on all their buses. ADAPT co-founder Mike Auberger said his group accomplished what it wanted to do in Sparks -— make life difficult for APTA conventioneers and raise public awareness for handicapped issues. “Like I said before we even came here, not everybody is going to like what we do but when we leave everybody will have an opinion,” Auberger said. “I can change opinions but creating opinions is the hardest thing to do. "Most people are so busy in their own lives that they don't have time to be very creative and to make that happen." Thursday night Judge Gladstone released the remaining 30 ADAPT members who were serving jail time for such things as blocking fire exits at the Nugget and for obstructing police officers. Their fines ranged from $10 to $600. Wednesday afternoon, the city attorney’s office worked out an agreement with the group's attorney to allow the protesters to leave jail if they paid $100 towards their fines and agreed to pay the remainder after they go home. The protestors also had the option of staying in jail and working off their fines at $25 a day. Thursday night, however, Gladstone dropped the minimum payment to $50 and lectured the protesters. “I told them they need to review their leadership," Gladstone said in an interview this morning. "Society changes. Methods used in the past to get a message across aren't necessarily valid today.” Gladstone said the Sparks Police Department did a good job of handling the demonstrators after they were arrested. The court also made the point that “regardless of your race, color or creed you are held accountable in Sparks for your crimes." “I think the city and the jail facility will be a model to the country for the reasoned handling of a major demonstration by a group that required extraordinary medical care," Gladstone said. Auberger agreed that Sparks Police treated the protestors with care. “I believe they worked very hard at trying not to harm anyone," Auberger said. “There was a real intent on their part to be as professional as possible." However, Auberger said he believes the police over reacted and arrested the protestors for petty things. “I suppose that’s because you need a strong police force to keep the gambling in control," Auberger said. “But that (show of force) gets carried out into a lot of situations that have nothing to do with casinos. "Unfortunately, that relays to tourists the image of a really heavy hand." Auberger also accused the Nugget security force of reacting violently to the demonstrators. One protester suffered a broken knee when a casino security guard pushed a door against her knee. “If we had been in Reno, it would've been a different set of circumstances," Auberger said. “We would've been dealing with corporations instead of an individual (John Ascuaga). “(The Reno casinos) have a corporate image to protect. l think they would be less likely to do the kinds of things (the Nugget) did." - ADAPT (472)
PHOTO by Tom Olin: A line of ADAPT protesters in wheelchairs, and a few standing, cross the city street. In front of them a uniformed policeman and a plain clothes cop stand together conferring but looking in different directions. Behind the two a man on crutches stands almost hidden. Behind the line of protesters are 2 large city buses, blocked by the protest. One has a sign on top that reads Deptford Mall, [in NJ], the other Glassboro. From left to right the protesters are: Julie Nolan, Leo Lucas, Carrie Johnson, Carol Marfisi, Stephanie Thomas, Diane Coleman, a man in a wheelchair, a very short woman or girl with her back to the camera, Mike Early, and behind him a woman with white hair and a very tall African American man stand against the bus. Signs read: Access Now!!, Access Not Excuses, We Will Ride, We Need to Get There Too!!, Stop Bush Attacks Against Disabled, No Transportation without Integration. This protest is in Philly and members of CORD and ADAPT joined forces before the Third US Circuit Court of Appeals court date. - ADAPT (475)
PHOTO by Tom Olin: A crowd of ADAPT protesters in various items of Revolutionary War Patriots garb surround the Liberty Bell. Park Rangers stand on either side of the bell. A man in a manual wheelchair wearing a wig and rainbow suspenders sits with his back to the camera, a Disabled But Able to Vote bumper sticker across the back of his chair. Bob Kafka in a colonial jacket and tri-cornered hat faces the camera, to his left Mike Auberger is talking with a person with a small child on their hip. In the center of the picture, partially obscuring the Liberty Bell is a poster that reads "We Need to Get There Too!!" In the background green trees can be seen through a huge plate glass window. - ADAPT (482)
Rocky Mountain News [ Headline] 30 disabled activists arrested Protest at Radisson aimed at transit group gathering By LEROY WILLIAMS JR. Rocky Mountain News Staff Writer Police yesterday arrested about 30 disabled activists who disrupted a national transportation conference at the Radisson Hotel in downtown Denver by blocking the hotel's front doors with wheelchairs. The midmorning protest by members of ADAPT, American Disabled tor Access to Public Transit, came on the opening day of a symposium sponsored by the U.S. Urban Mass Transportation Administration. Protesters chanted, sang and cheered as a half-dozen Denver police officers carried off the protesters, about 27 of them in wheelchairs, in specially equipped vans. The job was made more difficult for police by protesters who wheeled in front of the vans to block them. And officers used wire cutters to free three protesters who chained themselves to railings. Police Capt. Roger Kaspers said the arrested were cited for obstruction of access to a business and a public sidewalk. He said they were not jailed. ADAPT’s national strategy of blocking bus companies and public transit operations that lack equipment for the handicapped is not new. But members said it was the first time they had protested against UMTA. At issue is an appeal by the U.S. Department of Transportation, of which UMTA is a part, of a federal court ruling requiring all public transit agencies to equip their buses with wheelchair lifts. The order was theresult of a lawsuit brought by ADAPT. "We view that (appeal) as a hostile action" said ADAPT activist Maureen O'Rourke, who said the process would be delayed by four or five years. "We are tired of winning lawsuits and never getting them implemented." In an interview later yesterday, outgoing UMTA administrator Alfred A. DelliBovi defended the appeal, saying the agency prefers to leave transit agencies’ decisions on equipment for the handicapped to local agencies. DelliBovi lauded Denver's Regional Transportation‘ District, which has so far awarded $40 million in bus operations contracts, as a pace-setter in that area. He also said one of his last acts — or his successor's first -- will be to sign over about $65 million to help pay for construction of a busway along Interstate 25 north of Denver. DeliiBovi, who is soon to become undersecretary of the Department of Housing and Urban Development, repeated the theme of his keynote address and of the symposium: Dwindling federal resources means local transit agencies must figure out ways to save money by involving the private sector. The symposium ends today. - 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. - ADAPT (485)
Gazette Telegraph 2-14-89 NATION [Headline] Ruling requires new buses to be wheelchair accessible Associated Press PHILADELPHIA - A federal appeals court Monday ordered the U.S. Department of Transportion to require transit authorities across the country to equip new buses with wheelchair lifts. Attorneys who brought the lawsuit that led to the ruling called it the most important decision ever handed down for handicapped people needing public transportation. The 3rd U.S. Circuit Court of Appeals said a Transportation Department regulation requiring all new buses to accommodate wheelchairs conflicts with another allowing communities to offer only an alternative service, such as special vans, to the handicapped. The court said a rule requiring reservations 24 hours in advance for use of the alternative transporation hinders the spontaneous use of mass transit by the handicapped. As a result, the court ordered transit authorities to make “reasonable accommodations to their programs, i.e. purchase wheelchair-accessible buses. The court also upheld a controversial decision requiring the Transportation Department to eliminate a cap on the amount of money transit authorities need to spend on making transportation accessible. A coalition of disabled people and 12 organizations called Americans Disabled for Accessible Public Transportation filed the lawsuit last year. ADAPT contended that a provision of the federal regulations allowed authorities receiving federal transportation funds to exclude the handicapped from “effective and meaningful" access. The provision allows transit authorities to decide among three types of handicapped-accessible transportation: accessible buses, special vans for the handicapped or a combination of the two. Timothy Gold [Cook], who argued the case before the court, said the ruling was "a major, major victory for the handicapped community." - ADAPT (487)
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."