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ADAPT (435)
Title: Disabled.. protesters at the Queen E. ‘We Shall Overcome’ by Ron Charles Montreal Daily News Inserted in the top center of the page is an image of yesterday's Daily News front page [ADAPT 386 & 385] with the headline A wheelchair army goes to way! and photos of that protest. Captioned: “Yesterday’s Daily News.” Title: The Siege Day 2 TEN disabled protesters were arrested last night for chaining their wheelchairs to doors at the Queen Elizabeth Hotel, while 10 others were being arraigned in municipal court. Singing "Access is a civil right," and "We shall overcome," the protesters demanded to see American Public Transit Association (APTA) vice-president Jack Gilstrap. Gilstrap refused to face them. APTA is holding its annual conference at the Queen Elizabeth. The protesters, members of American Disabled for Access to Public Transit, want APTA to endorse wheelchair lifts on all new buses across North America. Police officials said nine of 10 would be arraigned in municipal court sometime last night or early this morning. Cynthia Keelan and her seven-year-old daughter Jennifer were released soon after the wheelchair bus carrying the arrested demonstrators arrived at police headquarters. Police began processing the 10 protesters last night just as the arraignments of 10 others arrested earlier in the day were being completed. The 10 arraigned at 7:30 last night were arrested for blocking the Camillien-Houde parkway atop Mount Royal —to impede the return of APTA conference-goers from a luncheon at Chalet Mont Royal. All 10 pleaded guilty to charges of mischief and obstruction of justice. Municipal court Judge Louis-Jacques Leger sentenced five of the 10 — all of whom refused to pay $50 in fines — to three days in jail. The judge also slapped probation orders on the protesters, forbidding them from taking part in demonstrations on the Island of Montreal for six months. Léger also forbade them from being within 100 metres of an ADAPT demonstration and from being in areas where the arrests were made until the APTA conference ends to-morrow. [Subheading] Waived conditions The judge waived the last two conditions for Marie Barile, the sole Montrealer arrested atop the mountain. Barile protested conditions which said she should not be within the boundaries of Cote des Neiges Boulevard, Pine Avenue, Mount Royal Avenue and Parc Avenue. "But I work on Cote des Neiges near Victoria," she said, leaning forward in her wheel-chair so Léger could hear her. Rev. Wade Blank, one of the five who refused to pay his fine, told the judge that he would go to jail to protest the incarceration of the wheelchair-bound demonstrators. "I'm protesting the punishment of people, who are already punished enough by society," said Blank, who isn't disabled. MUC police moved in after the group of 50 blocked access to the chalet for an hour. "All the APTA people got up to their fancy luncheon, but they couldn't get down," said Molly Blank, Wade's wife. Meanwhile, 20 ADAPT members are expected to be released from prison this morning after serving half of their three-day sentences for invading and refusing to leave the Sheraton Centre, where some APTA members are staying. While 28 were arrested in the Sheraton protest, eight paid their $50 fines after pleading guilty to mischief and obstructing justice in a 2:30 a.m. municipal court session yesterday. The rest refused to pay fines or could not. The 20 — 16 men who were sent to Bordeaux jail and four women sent to Tanguay — went on hunger strikes to protest the probation orders Léger imposed. "Basically, the judge told them not to go into a demilitarized zone encompassing the major hotels where APTA members are staying," said Stewart Russell, the group's Montreal lawyer. [Subheading] Don't have right Russell called the restrictions on their movements unconstitutional because, he said, they didn't allow those convicted freedom of assembly and freedom of speech. Again at last night's session, he told Léger the orders were unconstitutional. "These people have not the right to demonstrate anywhere in the city of Montreal for six months, and they can't go see the mountain like other tourists visiting the city," Russell told the court at the arraignment of the mountain demonstrators. Léger said the probation order didn't hinder their rights enough to be considered unconstitutional, and he said, "I think they had an opportunity to see the mountain today." Sidebar: Access is a civil right, they say Singing “Access is a civil right,” and “We shall overcome,” disabled protesters at the Queen Elizabeth Hotel demanded to see American Public Transit Association (APTA) vice-president Jack Gilstrap yesterday. The protesters, members of American Disabled for Access to Public Transit, want APTA to endorse wheelchair lifts on all new buses across North America. Photo by Allan Leishman/Daily News: A group of ADAPTers are sitting in their wheelchairs together (left to right: Bobby Simpson, Terri Fowler, Katie Hoffman, Debbie _______ and in front Lillibeth Navarro. Behind them half a dozen police cars and the "Special" paddy wagon/school bus are parked. About a dozen police officers are standing around the cars; one appears to be chatting with Larry Ruiz and another ADAPT person. Caption reads: “Protest: Demonstrators demand to see the American Public Transit Association vice-president.”
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St. Louis Post Dispatch, May 17, 1998 [Headline] No Arrests As Protest Continues By Victor VoIland and William C. Lhotka Of the Post-Dispatch Staff PHOTO by Jerry Naunheim Jr./Post Dispatch: Three people in wheelchairs sit in a line facing away from the camera and toward a line of men standing and facing those in wheelchairs. Behind the men standing is an ornate stone building. On the back of one of the wheelchairs is a poster that reads "Lifts = Buses For All." caption: Members of American Disabled for Accessible Public Transit facing a line of plainclothes police officers Monday in front of the Omni International Hotel at Union Station. About 50 protesters, half of them in wheelchairs, continued a peaceful demonstration at Union Station on Monday against a public transportation association meeting inside. No one was arrested. Meanwhile, 11 of 41 demonstrators arrested on Sunday filed a $2.5 million suit late Monday against the city and three police officers. The suit accuses officials at the City Workhouse of taking blood from those arrested against their objections. It also charges police with violating the protesters' right of free speech by refusing to allow them to talk to the press while they were in jail. The demonstrators, who belong to a group called American Disabled for Accessible Public Transit (ADAPT), are protesting the policies of the American Public Transit Association, which is holding a regional conference at the Omni Hotel at Union Station. The conference opened Saturday and continues through Wednesday. The ADAPT group wants the association of bus and train operators to adopt a national policy in support of equipping all public buses with wheelchair lifts. It has demonstrated against the association at its meetings for the last several years. Charges against 38 of the 41 arrested were dismissed Monday by Associate Circuit Judge Henry E. Autrey because authorities had failed to get warrants within the 20-hour period following arrest, as required by law. Three protesters were released on their own recognizance and ordered to appear Wednesday in the court of Judge Thomas C. Grady. They are charged in warrants with trespassing and disturbing the peace, both misdemeanors. George Kinsey, commissioner of adult correctional services, said it was standard procedure to take blood and perform tests on all prisoners entering the City Jail or Workhouse to screen for venereal diseases, tuberculosis and other communicable diseases. On Monday morning, remnants of the 150-member ADAPT group wheeled down Market Street from their rooms at the Holiday Inn Downtown to Union Station and the Omni and were met with a phalanx of uniformed and plainclothes police outside the main hotel entrance. Workers erected a makeshift barrier of concrete pylons and orange plastic fencing to separate the police line from the wheelchair protesters who drew up opposite. "I want Mr. Gilstrap to know he's got an angry parent out here and that I want the same human dignity afforded to my daughter that is given to an able-bodied person," one of the protesters, Cynthia Keelan of Phoenix, Ariz., barked through a battery-powered bullhorn. She was pushing her daughter, Jennifer, 7, who is crippled from congenital cerebral palsy. The girl is segregated and treated as a second-class citizen because she must use a wheelchair, her mother charged. Jack R. Gilstrap, executive vice president of the American Public Transit Association, declined to meet Monday with the protesters, who repeatedly chanted his name. Gilstrap told a reporter later that the association supported the idea of accessible public transportation for the elderly and handicapped. Implementing such access is difficult because President Ronald Reagan's administration has slashed the federal transit program by 47 percent since 1981, he said. He added that paratransit vans and buses — so-called dial-a-ride vehicles — are used much more frequently and are more cost efficient than buses equipped with wheelchair lifts. Gilstrap said that the Bi-State bus system in St. Louis offered both the dial-a-ride vans and lift-equipped buses. Tom Sturgess, a Bi-State spokesman, told the protesters that the system would have two-thirds of its buses equipped with lifts by next year. Lonnie Smith of Denver, one of the plaintiffs in the suit, said he was one of the first people to be subjected to a blood test at the city Workhouse after his arrest on Sunday. Showing a reporter the puncture on the inside of his left arm where the needle had been inserted, Smith said he had been told that he had no choice — that he would be held down unless he submitted to the blood test. end of article
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St. Louis Post Dispatch, 5/13/88 Activists Derail Transit Group’s Welcoming Plans By Mark Schlinkmann, Regional Political Correspondent Officials have moved the site of a convention's welcoming ceremony Sunday night away from the Gateway Arch visitors' center because of fears of a protest by disabled-rights activists. Organizers of a transit officials' convention have moved the reception site to the Omni Hotel, the site of the convention. Better security can be provided at the hotel, a spokesman for the Bi-State Development Agency, Thomas Sturgess, said Thursday. Because most other activities connected with the five-day convention will be at the hotel, Sturgess said, "The participants already will be there." More than 600 people from across the country are expected to attend the convention, a regional conference of the American Public Transit Association. As many as 150 others affiliated with Americans Disabled for Accessible Public Transportation — known as ADAPT — are expected to be here to protest the organization's stand on wheelchair lifts for buses. Police say the protest group, including many in wheelchairs themselves, has a reputation for seeking arrest to dramatize their cause. Tactics in other cities have included blocking roadways and chaining themselves to buses, Bi-State officials have said. ADAPT wants the Transit Association to endorse 100 percent accessibility to buses and other public transportation for the disabled through the installation of wheelchair lifts by all its member systems. Disabled people should have the right to as much access to taxpayer-financed transportation as able-bodied people enjoy, ADAPT officials argue. "Our demand is that the association change its policy," said the Rev. Wade Blank of Denver, an ADAPT founder. The association "will not have their parties anywhere in the United States without people in wheelchairs making them inaccessible." Transit association officials respond by saying that although they support access for the disabled, wheelchair lifts are not the only way to provide it. Jack R. Gilstrap, executive vice-president of the Transit Association, said Thursday that about a third of the nation's transit systems use lifts on buses; a third have begun using vans to provide door-to-door service for disabled persons; and a third use a combination. The vans have a higher rate of use than wheelchair lifts on standard buses and so are less costly, he said. "We believe the local community ought to be deciding how this will be provided," Gilstrap said. "There really are some serious business and tax-payer considerations." ADAPT complains that "paratransit vans, which usually must be reserved in advance, segregate the disabled from the general public. "It's very similar to apartheid," Blank said. In St Louis, the Bi-State transit system is using a combination — developed in conjunction with a local committee of disabled persons. Almost 120 new standard buses equipped with wheelchair lifts are being purchased between now and early 1989. In addition, the system's "Call-A-Ride" van service for disabled people — now limited to parts of St. Louis County — will be expanded to cover all of St. Louis and St. Louis County in November. At that time, Bi-State also will begin issuing scrip that can be used by disabled persons to take taxis in certain circumstances. ADAPT officials have said the organization is satisfied with Bi-State's plans. But they have complained that Bi-State is allowing two of its buses to be used as paddy-wagons on call in the case of any arrests at the demonstrations.
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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.
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Austin American-Statesman Sunday, October 25, 1987 Lifestyle section Title: Streetcars and Desire Activist couple dedicate lives to tearing down walls between city buses and the disabled By Carlos Vidal Greth, American-Statesman Staff (This is a compilation of the article that is on ADAPT 354 and ADAPT 353. The content is all included here for easier reading.) Most visitors to the Bay Area relish the opportunity to hop a cable car and "climb halfway to the stars," as Tony Bennett croons in his signature song, I Left My Heart in San Francisco. Stephanie Thomas, organizer for Americans Disabled for Accessible Public Transportation, had other ideas. "To mobility-impaired people, keeping those historic symbols of public transit alive memorializes inaccessibility and makes it seem like a positive thing," she said. ADAPT, a national civil-rights group, strives to make it easier for disabled people to ride city buses. They differ from mainstream disability-rights groups in that members sometimes commit acts of civil disobedience when the usual political channels clog or hit a dead end. Thomas, her husband Bob Kafka, and eight other Austinites went to San Francisco in late September to conduct a protest during the national convention of the American Public Transit Association, a lobbying organization. Kafka and 15 others were arrested when they climbed out of their wheelchairs and staged a sit-in at the cable car turnaround at Powell and Market streets. Thomas was arrested twice, once for blocking a shuttle bus and once for blocking a cable car. "I've been arrested eight times or so," she said. "I've lost count. Bob has been arrested 14 times. The police are usually aware it's a demonstration about civil rights, and that we're not out to hurt their city. But it's scary. We're not automatons. Some members break down and cry when they go to prison." As far as Thomas is concerned, the suffering has been worth it. "The demonstrations got national exposure. More important, we got the transit association's attention. They are beginning to listen." Thomas, who is also executive director of the Coalition of Texans With Disabilities, could sit for a poster portrait of the committed political activist. Her shock of amber hair shifts of its own accord like the wind ruffling a field of grain. Wide, blue eyes fix visitors with the riveting gaze of a woman who believes she fights for what is right. She was born 30 years ago in New York to parents who fought for justice in their way. Her father organized political campaigns and worked for arms control. Her mother, a writer, was involved in the women's movement. "Mom taught me to question people's perceptions," Thomas said. "The women's and disabled movements have something in common: We're defined by our bodies. You have to fight that all the time." Her first protest occurred when she was in elementary school. Mothers in the apartment building where her family lived wanted to establish a day-care center. The owners didn't want to provide the space. "Women and children took over the building," Thomas said. "We weren't angry college protestors. We were non-threatening moms and kids. But our presence made a difference." Despite her progressive upbringing, she was a shy girl who hid from the world behind the covers of books. When she was 17, her legs were paralyzed when she fell off a farm tractor while doing chores. What could have been a tragedy turned her life around. "I realized that life doesn't go on forever, and that you need to make the most of every moment," Thomas said. Thomas attended Harvard, where she and other disabled students organized a group to help make campus more accessible. "When I look back, I see we were very tame,” she said. “We were polite but usually got what we asked for.” Over the years, Thomas became increasingly active in disability rights. She got involved in independent living centers, communities of disabled people supporting one another so they can live with dignity outside institutions. In the early 1980s, she joined the Austin Resources Center for Independent Living. She went to work for the Coalition of Texans With Disabilities in 1985. The 9-year-old coalition lobbies for, represents and coordinates 90 organizations (including ADAPT) concerned with disabilities, as well as the more than 2 million disabled Texans. “It is the collective voice for the disabled in Texas,” said Kaye Beneke, spokeswoman for the Texas Rehabilitation Commission. "They’re committed - the members live every day with the problems they try to solve. “Stephanie understands there’s a spectrum of political views in the coalition, which tend to be more middle-of-the-road than ADAPT. She takes responsibility for the representing of all those views. But don’t call the coalition passive. They’ve had their way in the legislature and on the local level.” As a leader in two of Texas major disability-rights organizations, Thomas has her hands full. It helps having Bob Kafka, who broke his back in a car accident in 1973, at her side. The experienced trouble maker -- albeit trouble for a good cause -- has made a name for himself. He won the Governor’s Citation for Meritorious Service in 1986. Appropriately, Kafka met Thomas at a disability-rights conference. “Stephanie was real involved, real committed and real attractive,” he said. Sharing home and office has increased their commitment to the cause they serve- and to each other. “Bob and I are an activist couple,” Thomas said. “It’s intense because we work so closely. But it’s rewarding. It has made us an incredibly tight couple.” Thomas has to rework her concept of activism when she joined ADAPT. “Demonstrations force the public to look at disabled people in a different light,” she said. “The cripple is the epitome of powerlessness. We say we’re sorry if it scares you to look at me, but we have to live our lives.” Confrontation, however can cost allies as well as foes. This year, the Paralyzed Veterans of America severed ties with ADAPT and any organization "advocating illegal civil disobedience.” “Our charter states that we must act in accordance with the laws of the land,” said Phil Rabin, director of education. “To act otherwise would be to violate our charter. “The veterans and ADAPT members share first-hand the frustration of living in a society that is not accessible to the disabled. We don’t want to fight ADAPT. It’s a waste of precious resources to divert our energies.” Though Thomas’ group is controversial, it has achieved many of its goals. Albert Engleken, deputy executive director for the American Public Transit Association in Washington, D.C., acknowledged that ADAPT’s street theater has had some effect. In September his organization created a task force to study the issue of providing service for disabled, he said. Engelken, however is not a convert to their cause. “ADAPT wants a lift on every transit bus in the country,” Engelken said. “We believe it should be left to local transit authorities to decide how to handle transportation for disabled people. Transit officials are not robber barons. We’re paid by the public to provide the most mobility for the most people.” Thomas knows how to work within the system. Ben Gomez, director of development for Capital Metro, said ADAPT members have been effective on the Mobility Impaired Service Advisory Committee, which makes recommendations on service to the transit authority board of directors. “They’re well-organized,” Gomez said. “We don’t always agree on the approach and issues. We’ve made many of the adjustments they’ve asked for, but not always within their time frame.” The concessions have been gratifying, but Thomas has only begun to fight. “ADAPT took a dead issue änd made it hot again,” she said. For information on American Disabled for Accessible Public Transportation, write to ADAPT of Texas, 2810 Pearl, Austin 78705/ To learn more about the Coalition of Texans With Disabilities, call 443-8252, or write to P.O. Box 4709, Austin 78765. [curator note: addresses and phone numbers no longer valid] Staff Photo by Mike Boroff: A man (Bob Kafka) with Canadian (wrist cuff) crutches, a plaid shirt, light colored jeans and sneakers sits in the lap of a woman (Stephanie Thomas) with wild big hair and a button down shirt. She is sitting in a manual wheelchair. Caption reads: "Bob and I are an activist couple,” says Stephanie Thomas who met Bob Kafka at a rights conference. “It’s intense because we work so closely. But it’s rewarding.” Photo by Russ Curtis: A group of protesters are looking up at something over their heads and their mouths are open shouting. In the front of the picture a woman in a manual wheelchair (Stephanie Thomas) is sitting on a line on the pavement that reads passenger zone. She has her finger raised pointing and is wearing a t-shirt with the ADAPT no-steps logo. Beside her is a man (Jim Parker) with a headband looking back over his shoulder, beside him another man in a wheelchair. Behind Jim stands a woman (Babs Johnson) with her arms by her sides and her mouth open yelling. Behind her a line of other protesters is arriving. Caption reads: ADAPT organizer Stephanie Thomas traveled to San Francisco to participate in a rally protesting the policies of the American Public Transit Association.
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The Phoenix Gazette, Monday 3-30-87 [This article is in ADAPT 338 and 337 but the entire text has been included here for easier reading] Title: Wheelchair Activists to Picket in Phoenix By Pat Flannery Phoenix will be the next stop for a traveling road show that, despite its mayhem, carries a message that has stirred debate across the country. About 150 wheelchair-bound members of American Disabled for Accessible Public Transit will converge on the downtown Hyatt late this week to picket the Western Public Transit Association, which will be in Phoenix April 5-8. If ADAPT’s performance in more than a half-dozen cities over the past several years is any indication, Phoenix may witness militant wheelchair-riders defying police and transit officials by chaining themselves to city buses, obstructing routes, throwing their bodies onto the steps of buses unequipped with wheelchair lifts and generally raising havoc to make their point. The Denver-based ADAPT, according to organizer Michael Auberger, is a single-issue advocacy group with one goal: putting a wheelchair lift on every bus in every transit system that receives federal transportation funds. And it will go to great lengths to dramatize its goal. "That’s the issue, right there,” Auberger said. “As disabled people, we have the right to ride a bus down the street just like everybody else.” And the right to go to jail like other unruly demonstrators, Phoenix police say. Though Auberger said ADAPT members will meet with police and city officials on arrival to “lay down the ground rules,” neither he nor police are overlooking the possibility of arrests. “We’re looking at all scenarios, including making arrests if pushed to that point,” police spokesman Sgt. Brad Thiss said. “We’ve talked to other police agencies, and historically their goal is to get arrested...and they haven't let up until it occurs. “All we can really say is we're prepared for any contingency.” ADAPT has focused its animosity since its creation in 1982 on APTA. That year the U.S. Supreme Court struck down as too broad a federal regulation requiring all city transit systems to equip at least half of their buses with lifts. The challenger of the regulation was APTA. “They (ADAPT) want each and every bus in the U.S. to be lift-equipped for wheelchair bound people,” Albert Engelken, deputy executive director of APTA, said. “We want those decisions made locally, not nationally. We've never been against wheelchair lifts for buses, but we’re strictly for local decision-making.” Local factors include the cost of equipping buses with lifts, the availability of “parallel” services such as paratransit vehicles for the disabled, and the ability to provide adequate service with the more expensive equipment. In the end, Auberger argues, there is no excuse for denying disabled people access to every bus on which members of the general public ride. “The number of disabled people is constantly increasing, and by the year 2000 it’s going to double again,” Auberger said. “Eighty-five percent of the disabled population is unemployed, and this is a big factor. It allows you to live where you want, work where you want. It gives you options. You can participate in the community.” Whether the kind of protest that has appeared in other cities materializes in Phoenix depends on what ADAPT finds after arriving, said Auberger, who visited the Valley in February. The Regional Public Transportation Authority earlier this month adopted a broad policy statement promoting, among other things, the use of wheelchair accessible buses on all fixed routes. “That takes them out of the view of being an adversary," Auberger said. “lt’s obviously a growing system, and realizing it’s a regional system... that’s the way it should be." The Phoenix public transit department has not adopted such a policy, though director Richard Thomas said more than 10 percent of the 327 buses serving Phoenix are lift-equipped. In addition, about half of the city's paratransit fleet is so equipped. Auberger said the Phoenix bus system could be a protest target if it does not adopt a policy, which Thomas said is virtually impossible given the timing. Likewise, Auberger said Phoenix Mayor Terry Goddard may be targeted because he refused to meet with ADAPT members to discuss the issue. The end
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Title: Arresting Theater By JIM FINKELSTEIN, Free Press Staff Writer An estimated 25 handicapped protesters were arrested Tuesday as they charged police guarding the McNamara Federal Building Tuesday in a third day of what one protester called "theater" over public transit's limited use of lift-equipped vehicles. Wave after wave of the estimated 100 protesters — many in wheelchairs and paralyzed, missing limbs, or suffering nerve disorders — were hauled away in lift-equipped vans while police photographers recorded the scene to ensure the protesters were properly arrested. Michael Auberger, a spokesman for the 100-member American Disabled for Accessible Public Transportation, vowed Tuesday that "we're going to escalate" the protest today and Thursday as the convention of the American Public Transit Association concludes at the Westin Hotel. “Everyone's willing to go" to jail. he added, hinting that the protest may move to the Westin today. Seventeen ADAPT members were arrested Monday as they tried to crawl aboard city buses to protest the lack of wheelchair equipment on 80 of 100 buses recently purchased by the city. THE DEMONSTRATORS want lift equipment on all new buses and trains purchased by U.S. public transit systems. The transit association won a court case to prevent more extensive federal regulations requiring lift equipment. Tuesday, the protesters began chanting slogans in front of the McNamara Federal Building just before 1 p.m. ADAPT spokespersons said the group wanted to present a position paper to Sen. Donald Riegle, D-Mich., whose offices are in the building. They refused a police offer to let two representatives meet with Riegle's aides, saying they wanted to send no fewer than nine. Police blocked the entrance and then began arresting protesters who blocked the entrance — both wheelchair users and non-handicapped ADAPT aides. Deputy Police Chief James Ingram said "a couple of hundred" police officers were given special training in arresting people who use wheelchairs. PHOTOS: Photo #1 Free Press Photo by GEORGE WALDMAN: A group of about 10 protesters chant out on the sidewalk in front of a large building. In front Bernard Baker and Stephanie Thomas, next row Kristen? (sitting alone), Fred (standing) & unknown, Renata Conrad (in manual) Marcos Quesada in wheelchairs. And Cathy Thomas and others in the background. Caption reads: Wheelchair-bound protesters chant outside the McNamara Federal Building in downtown Detroit. Photo #2: Free Press Photo by MANNY CRISOSTOMO Two uniformed police officers stand behind a man in a wheelchair (George Cooper) holding his push handles. The police are looking off into the distance and George holds a poster in his teeth that says "...With Liberty and Justice for All?" Caption reads: Detroit police officers carry George Cooper, of Irving, Tex., away from the scene. Photo #3: Free Press Photo by MANNY CRISOSTOMO A woman in a wheelchair (Paulette Patterson) holding the Holy Bible to her chest and with a pained and tearful cry, is being loaded onto a a lift equipped vehicle. Caption reads: An unidentified protester clutches her Bible as she's arrested. Photo #4 Free Press Photo by MANNY CRISOSTOMO A uniformed officer stands jauntily leaning on a barricade, on the other side of which are two ADAPT protesters in wheelchairs (Rick James and an unidentified woman.) Rick has a very intense expression on his face. Caption reads: Rick James, of Utah, left, watches Lt. Greg George, a federal policeman, at a barricade at the McNamara Federal Building.
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The Detroit News, Section B Metro/ Wednesday, Oct. 8, 1986 pp. 1b and 6b News Focus: HANDICAPPED ACCESS PHOTO News Photo by Howard Kaplan: Three dark uniformed officers encircle the back of an older, thin man in a an old style manual wheelchair (Frank McComb). The officer on the left looks frustrated but determined, the one in the middle looks somewhat worried and the one on right is bending forward as if trying to speak to Frank. Frank looks freaked out. He is wearing a button down shirt and jacket with an ADAPT button. Caption reads: Handicapped protester arrested at Federal Building in downtown Detroit. There are two articles side by side. [These articles both are continued on ADAPT 275, but the entire text of both has been included here for easier reading.] Title of first article: 2nd day of protest brings 37 arrests By Louis Mieczko and David Grant, News Staff Writers A group of jailed wheelchair-bound protesters found themselves confronted Tuesday night with the kind of access problems they've been protesting all week. Thirteen protesters spent the night in a gym at Detroit Police Headquarters after the Wayne County sheriff's department refused to admit them to the county jail. A spokeswoman for the sheriff's department said the protesters weren’t accepted at the jail because over-crowding forced the county on Friday to stop incarcerating people accused of misdemeanors. MEANWHILE, UP to 60 people -- most in wheelchairs — descended on the area around Police Headquarters to protest the jailings. They wheeled slowly along the sidewalks around the building, chanting, “Let our people go" and vowed to spend the night. About 20 police officers stood near the protesters but did not intervene. The 13 protesters were among 37 people arrested Tuesday, after they blocked one of two entrances to the McNamara federal office building in downtown Detroit. Of the 37 people arrested, 31 were in wheelchairs. Police said the 13 jailed protesters were being held in lieu of $1,000 cash bail each. The rest of the protesters were released on $100 [personal bond]. BAIL WAS set at $1,000 for the 13, a police spokesman said, because their arrests Tuesday violated the conditions of their release Monday on $100 personal bond after a similar protest. They had been ordered to avoid further arrest until a court appearance set for Oct. 24, police said. Their incarceration posed special problems for police. The protesters were being held in a gym at Police Headquarters, which has barred windows and doors and is occasionally used to hold prisoners temporarily when processing of prisoners is backed up at the jail, police said. The bathrooms in the gym are not equipped for the handicapped and guards were carrying the protesters in the toilets, police said. The protesters were arrested early in the afternoon. By the time they had been processed and carried into the gym by police, the cafeteria at the Wayne County Jail had closed, police said. Officers at Police Headquarters, who declined to be named and who wouldn't provide details, said they secured from the county jail meals of roast beef and pot roast with lettuce, salads, ice cream, milk and juice. The protesters ate about 8:30 p.m. Title of second article: Costly bus lifts are key to dispute By Louis Mieczko, News Staff Writer It costs an estimated $20,000 to install wheelchair lifts on a typical city bus, and sometimes they don't work. That's the crux of a dispute between transit agencies across the country handicapped groups protesting the lack of access to public buses and rail cars. Americans [sic] Disabled for Accessible Public Transportation (ADAPT) wants every bus and rail car in the county available to wheelchair-bound people, a move which transit officials say would bankrupt most agencies. HANDICAPPED ADAPT demonstrators clashed this week with the American Public Transit Association (APTA), which is holding its annual convention in Detroit. It was the fourth such confrontation in as many years tied to the APTA conventions. Dozens of protesters have been arrested since Sunday for interfering with bus traffic and blocking entry to the McNamara Building as they sought to meet with staff members of U.S. Senators Carl Levin and Donald Riegle Jr. ADAPT has strongly criticized Detroit's Department of Transportation (D-DOT), which serves the city, and praised the suburban Southeastern Michigan Transportation Authority (SEMTA). “We fought for five years in Denver to get wheelchair lifts on all city buses there, and when we won in Denver, we went national," said Wade Blank, a Presbyterian minister whose 15-year-old daughter is confined to a wheelchair. THE PROTEST group, which Blank helped start, is upset with APTA for opposing its goal of wheelchair lifts on all buses. Five years ago, APTA won a lawsuit knocking down a requirement that the devices be installed on buses purchased with federal funds. Jack R. Gilstrap, APTA executive vice-president, called that too costly. “In Washington, D.C., $60 million was spent to provide elevators for the ‘subway stations, but only 36 handicapped people use those elevators on a given day," said Gilstrap. “We would much rather let each transit authority develop dial-a-ride and other more cost-effective services.” Gilstrap said it costs an average of $20,000 a bus to add wheelchair lifts, which often are unreliable. "THEY’VE NEVER given the wheelchair lift system a chance to work," said Frank A. Clark, chairman of the Detroit-based Coalition for the Human Rights of the Handicapped. “How much does it cost to keep these people at home or in a nursing facility." A 10 year old Michigan law, one of the most stringent in the United States, requires that all new buses bought with state funds have wheelchair lifts. California is the only other state with such a requirement. According to the Michigan Department of Transportation, 1,186 of the 2,127 publicly owned buses in the state have wheelchair lifts. Detroit recently bought 100 buses, but equipped only 20 with wheelchair lifts. The city did not have to follow the state law because it used city funds. ONLY 196 of the city's 606 buses — about 32 percent —— have the wheelchair equipment. By comparison, 140 of SEMTA’s 202 buses — more than 69 percent — are equipped with the lifts. And 440 of Denver's 760 buses — 58 percent — have the lifts. Denver's policy is to equip all new buses with the lifts: and the handicapped groups say they consider Denver's system a model that should be adopted by others. Clark complained that the Detroit lifts often don't work. “They don't maintain them at all," Clark said. “We'll be going into federal court soon to complain about the situation." CLARK’S GROUP has a five-year-old lawsuit pending before Federal District Judge Richard Suhrheinrich, charging Detroit with violating U.S. handicap access laws for mass transit, public buildings and walkways. The law requires that public property be accessible to the handicapped. Clark said members of his group monitor Detroit buses for operating lifts by attempting to board them while in wheelchairs. He said the group annually checks five routes Gratiot, Woodward, Grand River, Crosstown and East Warren — designated by D-DOT for handicapped access. "But even on those routes," Clark said, "we can't find any that work." By contrast," he said, "SEMTA maintains its lift equipment. D-DOT officials could not be reached for comment. Mayor Coleman A. Young’s press secretary, Robert Berg, referred questions on Detroit's recent bus purchase in state officials. NEIL LINCOLN, a spokesman for the Denver system, said it has come a long way quickly. “The lifts still break down," he added, “but not nearly as often." However, some cities like Chicago and Cleveland have not bought any wheelchair lifts because of the cost and maintenance problems. Spokesmen for those cities said they prefer to develop dial-a-ride and van service for the handicapped. Detroit has no dial-a-ride or van service. NEWS GRAPHIC: Handicapped accessible buses Here's a look at the number of buses that are handicap accessible and average number of daily riders on 6 transit systems: Wheelchair Lifts: Baltimore has 100. Chicago has 0, Cleveland has 0. Denver has 440, Detroit has 196, SEMTA has 140. Total Buses: Baltimore has 900, Chicago has 2,275, Cleveland has 656, Denver has 760, Detroit has 603, SEMTA has 203. Daily Riders: Baltimore has 240,000, Chicago has 1.6 million, Cleveland has 263,400, Denver has 160,000, Detroit has 180,000, SEMTA has 203,000. (59 small vans for handicapped, all wheelchair accessible.) end of news graphic. PHOTO: News Photo by W. Lynn Owens: A man in a jean jacket and hoodie, with bushy dark hair and a beard stands, back to the camera, by the door of a Denver Transit bus. On the steps at the doorway a thin young person is sitting, hands raised to grab on, as this person tries to lift themselves backward up and onto the bus. On the curb in front of these two people sits an empty manual wheelchair. Inside the bus you can see the silhouette of the bus driver sitting in the drivers seat.
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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.
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The Cincinnati Enquirer Saturday, May 24, 1986 Title: 8 bus protesters released; leaders to remain in jail by David Wells, The Cincinnati Enquirer A plea bargain resulted in freedom Friday for most of the disabled rights protesters arrested in Cincinnati this week. But three leaders of the group will have to spend another eight days in jail. “I believe they made-their point,” defense attorney Joni Wilkens said of those released. “I think things escalated further than anyone wanted them to, and this was the best way to resolve the situation." The protesters are all members of ADAPT (American Disabled for Accessible Public Transportation). The group, which is based in Denver, was in Cincinnati this week to protest the policies of Queen City Metro and the American Public Transit Association, which was having a convention at the Westin Hotel. The group wants Metro to install wheelchair lifts on any new buses it buys. It wants the transit association to support full access for the disabled to all public transportation.
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8B The Cincinnati Post, Monday,May19,1986 Title: Disabled activist group faces arrest By Edwina Blackwell, Post staff reporter Cincinnati police will arrest members of a national handicapped activist group today if they fulfill a vow to block and chain themselves to Queen City Metro buses to protest the inaccessibility of buses to the handicapped. Michael Auberger, community organizer for American Disabled for Accessible Public Transportation (ADAPT). said the group's civil disobedience will take a more disruptive turn as the week progresses. “Whatever it, takes to disable the bus, that's what we'll do to show that the bus is inaccessible," Auberger said during a Sunday protest by the group at the downtown Westin Hotel, where public transit officials are meeting. However, Police Capt. Dale Menkhaus said extra officers will patrol the downtown streets where protesters say they will block buses and chain themselves to bumpers while the buses are stopped for traffic lights. “We're prepared to do whatever necessary to protect them (the protesters) and the general public. If they elect to violate the law, they will pay the consequences," Menkhaus said. About 85 ADAPT members - who have been arrested during similar protests in other cities — made their way Sunday afternoon from the Newport Travelodge to the Westin Hotel, where the American Public Transit Association is meeting. With most of its members confined to wheelchairs, some of the protesters relied upon able-bodied members to push them through the streets. Several of the protesters were draped with chains and locks that they plan to use to chain themselves to buses. Extra Cincinnati police officers guided the march and some were waiting for the group at the Westin, where the protesters were greeted with barricades at each of the hotel's entrances. The demonstrators arrived at the Westin and picketed in front of the hotel's entrances on Vine, Fifth and Walnut streets. “We will ride!“ they chanted. There were no arrests Sunday, although police warned pickets they would be arrested if they blocked the hotel's entrances. Menkhaus met with the protesters Sunday and cautioned that they would be arrested if they disrupted bus traffic. Auberger, a former Cincinnatian who now lives in Denver, was pleased with Sunday's protest. Leaning back in his wheelchair with a lock and chain around his neck, he said, "I think we made a strong statement to APTA and Cincinnati that disabled people aren't powerless." Murray Bond, assistant general manager for Queen City Metro, said the city-owned transit company has been working with police for several weeks in anticipation of protests by ADAPT. Members of ADAPT, a Denver—based organization, arrived in Cincinnati to coincide with the eastern education and training conference of the APTA. Nearly 600 transit officials are attending the five-day meeting, which ends Thursday. The convention's general session was to begin this morning. U.S. Rep. Martin Sabo. D-Minn., will give the keynote address. On Wednesday, the conference will address the transportation needs of the disabled during a 2 p.m. workshop. Auberger said the risk the group's members take shows how important it is to them to be able to use public transportation at will. "The point is so vital to make," he said. Bond said Queen City Metro knows of the tactics used in other cities. “Our chief concern is for the safety of the people and our riders," he said. In Cincinnati, ADAPT wants Queen City Metro to operate the wheelchair lifts currently soldered into place on 87 buses. The group also wants all buses purchased in the future to be equipped with wheelchair lifts. At present, 19 vans are used to pick up handicapped individuals in Cincinnati through a contracted service called Access. Judith Van Ginkel, director of communications for Queen City Metro, said the service was recently expanded to include three more neighborhoods and [unreadable] for those who don't need wheelchair lifts. She added it would cost Queen City Metro $350,000 to make the lifts on the 87 buses operational. Albert Engelken, APTA deputy executive director, said money problems being faced by transit systems are at the root of transportation for the handicapped. "We don't see this as a civil rights issue," he said. "We see this as a funding issue." ADAPT disagrees. Jerry Eubanks lost his legs to gangrene as a child. On Sunday, he served as a group cheerleader pushing for what he sees as a civil right for the handicapped. "When you make transportation, it's public. It's for everyone," said Eubanks, a Chicago resident. “We're only fighting for what's already here. "
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The Cincinnati Post Tuesday May 20 - Photo by Lawrence A. Lambert/The Cincinnati Post: A man (Jim Parker) in a big straw hat and a manual wheelchair sits holding a wooden structure on his feet. Beside him, on his left, a man with dark hair and a dark beard (Frank Lozano) kneels, attaching a folded manual wheelchair to the crossed wood. To his left, another man (Bob Conrad) in a power chair a jacket and an ADAPT shirt, with the access symbol and an equal sign in the wheel, points at what Frank is doing and looks off to his right. Over Bob's right shoulder you can see Bobby Simpson and an African American woman (Gwen Hubbard?) up against some police barriers; the woman is talking with someone. To their right and over Frank's head you can see another man in a wheelchair watching as a woman stands beside him. Over Jim's shoulder you can see another protester in a wheelchair. In the background is the cavernous black of the hotel entrance which is blocked by metal barricades and guarded by police. caption reads: Three members of a national group protesting lack of access to public transportation prepare to lift a cross bearing a wheelchair into place today in from of the Westin Hotel as part of a demonstration. The three are Jim Parker, left, Frank Lozano and Bob Conrad. Title: Activists ordered to leave 3 protesters awaiting trial By Edwin: Blackwell, Post staff reporter Three wheelchair-bound activists were ordered by a judge today to get out of town until their trials or face being jailed on disorderly conduct charges. “This is ludicrous and unconstitutional," said Robert Kafka of Austin, Texas, one of the three. "We got on a public bus and so he is throwing us out of town." The order came after a night when 15 other members or American Disabled for Accessible Public Transportation pitted their wheelchairs against the steel frames of buses in a protest over the rights of the handicapped to public transportation. The protesters rolled their wheelchairs into the paths of buses traveling 40 mph on Kings Island Drive in Warren County and carrying conferees of the American Public Transit Association to a reception. No one was injured in the protest, and no one was arrested. Kafka and two other activists, George Cooper of Dallas and Michael Auberger of Denver, were arrested earlier Monday during a demonstration in front of the Westin Hotel, where the transit association conferees are meeting this week, and the U.S. Courthouse. Kafka and Cooper were arrested on trespassing charges after they boarded a Queen City Metro bus that stopped at the boarding plaza in front of the Courthouse. Auberger was arrested for grabbing a wheel of the same bus. They appeared in Hamilton County Municipal Court today and were told by Judge David Albanese to leave Cincinnati today or forfeit their $3000 bonds. A pre-trial hearing was set for June 26. The three contended the order violated their constitutional rights to free speech but said they will abide by it. They are staying in a motel in Newport, Ky. They said they will discuss possible federal civil rights court action with their attorney, Joni Veddern Wilkens of Reading. "I can’t believe it; this is America," Cooper said. “When you invoke law like it was west of the Pecos, before Texas even became a state . .. get out of town by sundown ... it's scary, it's frightening. I feel it's a basic infringement of my freedom to travel as an American citizen." Cooper, a U.S. Air Force Korean Wax veteran, said it was the first time in ADAPT protests in half a dozen cities that any of its members had been ordered out of town. He said it was the first time they had ever faced actual barricades, as they did in front at the Westin Hotel Monday. “I thought I came from the most conservative city in the country, Dallas," Cooper said. "We just can't believe this." During Monday night's protest near the College Football Hall of Fame, Warren County police moved the ADAPT members from in front of the buses but made no arrests. Police had set up barricades by the hall earlier, but that didn't keep the protesters from roiling their wheelchairs onto the roadway. “I remember flashing in my mind that these might be the first deaths of the civil rights movement of the handicapped," said the Rev. Wade Blank of Denver, Colo., co-founder of ADAPT. “Although I trained them, it just told me how serious it is to these people." Members of the Denver based group say their action shows how far they are willing to go. The protesters want the transit officials to change their national policy on accessibility and Queen City Metro to have wheelchair lifts on all new buses. Today ADAPT members continued to demonstrate in front of the Westin Hotel by hanging a wheelchair from a 10-foot-tall wooden cross to signify “the way APTA is crucifying disabled people." Eleven Cincinnati police officers, including Chief Lawrence Whalen, watched but made no arrests as they guarded the hotel atrium and entrance from some protesters chanting “We will ride. Access is a civil right." Wade Blank said no further attempts to block buses will be made because the group does not want to inconvenience Cincinnati riders.
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The Cincinnati Enquirer Wednesday, May 21, 1, '86 p14—A Title: The handicapped Bus service that can meet special needs is the answer The handicapped demonstrators who are demanding greater access to transportation systems could find that, even if they succeed, they may not like what they get. About '75 members of American Disabled for Accessible Public Transit (ADAPT) have been in Cincinnati for the regional meeting of the American Public Transit Association (APTA). Their purpose has been to protest what they see as a violation of their civil rights. They want to be able to use all modes of public transportation as others do. ADAPT is focusing on bus systems, asking that all buses — on a progressive basis -- be provided with lifts for the handicapped. That might be a valid answer, if the money were available, but the experience of states such as California and Michigan shows that the handicapped prefer a more personalized service, such as the Access shuttles that Metro provides. Both California and Michigan have state laws requiring fully accessible systems, but the use of regular buses is negligible. Most of the handicapped prefer the “Dial-a-Ride” services that supplement the regular system. That service seems the best way. With Cincinnati's hilly terrain for example, how would the handicapped reach the bus stops? How far would they have to go to reach a "regular" bus stop? How far must they travel when they get off? What happens in chilly, stormy or snowy weather? From the bus service's standpoint, how do buses keep schedules? How many areas on a bus would have to be cleared for handicapped equipment? What would be the costs? How would those costs be met? APTA officials say their policy is to recommend that local services do what is best, considering their terrain, climate, resources and needs -— always in consultation with the community served. Metro’s Access has had its troubles meeting the needs of the handicapped. Last year, the demand was so great that the handicapped had to wait for as long as a week before they could schedule a ride. Although the problem has been helped somewhat, Metro’s officials frankly agree that it is not ideal. Improvement is needed. The handicapped must have freedom of movement. The question is, what is best for them and what is possible? The problem won't be easily solved. More bus service is needed in many areas of Greater Cincinnati, and with the cut in federal funds, money will be hard to come by. But Cincinnati's coalition of the handicapped has found negotiation preferable to confrontation. Although the coalition is upset about the limitations of Access, it still sees co-operative decisions as the wisest course. And it is. Together with Metro, they must find a practical answer to their needs.
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Rocky Mountain News 8/5/83 RTD proposes bus changes for disabled By Tony Pugh, Rocky Mountain News Staff Writer The Regional Transportation District, in an open forum with handicapped citizens Thursday, introduced changes designed to make buses more accessible for disabled riders. Mike Smith, director of transit operations, outlined the proposed improvements, which include a new material to improve traction on bus wheelchair lifts and a metal “kickplate,” designed to minimize wear on lifts from hitting curbs. A new rotary control panel, said to be easier for drivers to operate, and a new lift wiring system also were introduced. Although many people in the attendance voiced displeasure with bus driver insensitivity and mechanical failure of the lifts, others expressed gratitude to RTD for its efforts in accommodating handicapped riders. Bill West, chairman of RTD’s handicapped advisory council, said he is reasonably pleased with RTD officials’ commitment to the disabled community. “I think they’re committed to making the best of what they’ve been mandated to do, but I believe they have a tendency to focus more on the lifts rather than better driver training,” West said. Larry Ruiz, 29, typified the problems encountered by handicapped riders. Earlier this week, he was passed up by four buses as he waited at a stop outside Colorado General Hospital, said Ruiz, who is confined to a wheelchair. The first bus had no lift, the next two buses had lifts, but the drivers did not know how to operate them. After waiting more than two hours, the driver of the fourth bus called a HandyRide disabled vehicle which took Ruiz home. But that lift malfunctioned, Ruiz said. He had to be removed manually. This gathering was a forerunner to a meeting in late October between the American Public Transit Association and the newly formed American Disabled for Accessible Public Transit. A spokesman for the access group, Wade Blank, said it will made three demands to the association: * “Wheelchair accessibility by all public transit systems in the nation.” * “To serve notice to all bus manufacturers that only wheelchair accessible buses will be purchased by its members.” * “For the federal government to stand behind this moral position and develop laws and regulations supporting total access for the wheelchair bound public on public transit.”
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Denver Post 1/82 PHOTO (no credit given): A man in a wheelchair (Stephen Saunders) is tipped back in a wheelie by one man, as another bends forward over his legs and reaches down on the side of his wheelchair. Behind them a couple of police officers are visible. Caption reads: Stephen Saunders is carried away from the offices of the Regional Transportation District during a January protest over an RTD decision to not make some new buses accessible to the handicapped. [Headline] RTD Fighting Handicapped Act By Howard Pankratz Denver Post Staff Writer The Regional Transportation District, long at odds with various segments of Denver’s handicapped community is asking Denver District Judge Harold Reed to declare the Colorado Handicapped Act unconstitutional. At the time the state Legislature passed the act, it said it was doing so to “encourage and enable the blind, the visually handicapped, the deaf, the partially deaf, and the otherwise physically disabled to participate fully in the social and economic life of the state and to engage in remunerative employment.” But RTD in motions filed in recent weeks with Reed, has charged that the statue is unconstitutionally vague and overbroad. RTD also says that those who violate the act are subject to a criminal penalty. In particular, RTD lawyers Alan E. Richman and Lawrence D. Stone take aim at a section the act which says the handicapped are “entitled to full and equal housing and full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats or any other public conveyances or modes of transportation…” Does that mean, ask the RTD lawyers, that “cab drivers are liable for criminal penalty for refusing to buy cabs which can transport persons in wheelchairs? What about persons in iron lungs or on other life support systems? Does this mean that a private automobile has to be wheelchair accessible?” The act, they contend, is sweeping in nature and poses an “impossible conundrum… to an organization or a person who wishes not to violate its provisions on pain of criminal sanctions.” Those who violate the act are guilty of a misdemeanor and are subject to a maximum sentence of a $100 fine and 60 days in county jail. In January 1982, seven wheelchair-bound individuals and the Atlantis Community for the disabled accused the district in a lawsuit filed in Denver District Court of violating both the Colorado Handicapped Act and a settlement reached in federal court several years ago. Basically they contended that in the federal settlement RTD agreed that all new buses would have wheelchair-lift equipment. Although many of the new buses are accessible to people in wheelchairs, they contend that RTD has decided against making 89 new buses, due for delivery in June, accessible to the handicapped. By denying such access, says the lawsuit, RTD has breached both the terms of the federal settlement and the duties it owes the handicapped under the Colorado