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Degemer / Rummadoù / Merkerioù DREDF - Disability Rights Education and Defense Fund
+ civil disobedience 2
ADAPT (553)
June 12, 1990 - Guardian. 5 Disabled 'ecstatic' as rights act clears House By DIANE COLEMAN The Americans with Disabilities Act, considered by many to be the most sweeping civil rights legislation since the 1964 Civil Rights Act, easily cleared the House of Representatives May 22. It is expected to reach the president‘s desk by July 4. The act prohibits discrimination based on disability in public accommodations, employment, transportation and telecommunications. It is intended to address "rampant, daily discrimination in every sphere of American life,“ Rep. Pat Schroeder, D-Colo., told her colleagues on the House floor. “Mentally retarded persons are kept out of restaurants. Persons with cerebral palsy are turned away from theaters. . . . Employers cite fears of hiring disabled persons because their customers will feel uncomfortable or even repulsed,” Schroeder added. Despite strong opposition from private business and transportation lobbies, chief among them the National Federation of Independent Businesses and Greyhound Lines, Inc. , the Americans With Disabilities Act achieved bipartisan support in both houses of Congress. The House vote was 403-29. Under pressure from the NFIB and the National Restaurant Association, the House version of the bill was amended at the last minute to allow employers to remove people with HIV infection from food handling positions. Sponsored by Rep. Jim Chapman, the amendment passed narrowly, although the Texas Democrat conceded there is no “evidence that‘AIDS can be transferred in the process of handling food.” Tom Sheridan of AIDS Action, representing 500 community-based service organizations, predicted that the Chapman amendment would go down to defeat in the House-Senate conference committee. “It’s a horrible amendment for all people with disabilities because . . . it begins to codify the fact that irrational fear is protected by the law,” he said. Nonetheless at press time Senate conferees had agreed to include the restrictions. “Cheers and tears” filled the House gallery at the moment of the ADA's long-awaited passage, according to Tennessee disabled activist Michael Gibson, “but we all know that the bill is only a first step. Several agencies will be writing key regulations which offer innumerable opportunities to weaken the effect of this legislation,” Gibson said. SOME DELAYS, FEW LOSSES While many activists feared the House would water down the Senate version of the bill, Marilyn Golden of the Disability Rights Education and Defense Fund said that the ADA “has not been weakened anywhere near the extent that much legislation is. " According to Golden, who has worked intensively for the bill's passage over the last two years, various timetables and phase-in provisions were adopted to avoid other forms of compromise. The ADA’s protections against employment discrimination, which parallel those applied to federally funded entities since 1973, do not go into effect for two years. Prohibitions against discrimination in public accommodations, such as theaters and restaurants, will require accessibility in facilities “construct[ed] . . . for first occupancy no later than 30 months after the date of enactment." Telephone companies will have three years to put in place a relay service for deaf people and others who depend on non-voice telecommunication. A requirement that all new public buses be lift-equipped will take effect in only 30 days. Many attribute this to seven years of non-violent civil disobedience by the American Disabled for Accessible Public Transit. Greyhound, a private carrier, was given six years to begin replacing its retired buses with accessible ones. Activists also waged a last-minute battle over employment discrimination remedies. Recently proposed legislation would add damages to the relief available to discrimination victims under Title VII of the Civil Rights Act of 1964. In the face of this, Golden said. the Bush administration tried “to renege on its agreement for parallelism” between the ADA and the 1964 act. It backed an amendment that would have kept remedies for disability-based discrimination at current levels if and when discrimination remedies are increased for other minority groups and women. The amendment was narrowly defeated just prior to the final vote on the bill itself. Overall, Golden said. “We're ecstatic." The ADA “will hopefully begin to convey to the American public. left, center and right (because in some ways I don't think the consciousness of the left is any better), that disability is not a personal issue, that there’s a systematic oppression of people with disabilities. . . . Even Congress has faced the fact of the systematic discrimination. " PHOTO (by Tom Olin): A closer view of a mass of marchers coming around a huge tree on a broad sidewalk leading up to the Capitol. Stephanie Thomas, Frank Lozano, Jennifer Keelan and others lead the march which is 12 across in some places and scattered in others. The ADAPT flag (an American Flag with the stars arranged in the wheelchair symbol instead of in rows) flies over the crowd from a few rows back. Some people are in suits and ties, some in T-shirts. Some are in wheelchairs, some carry cameras; children to older folks are in the mix. Caption reads: Seven years of nonviolent civil disobedience by the American Disabled for Accessible Public Transit has been credited for the requirement that all new buses be lift-equipped. Above, ADAPT march on U.S. Capitol.
ADAPT (206)
Village Voice, March 4, 1986, p.27 [Headline] NAT HENTOFF: America’s Apartheid [This was part of a series of articles Mr. Hentoff wrote for the Village Voice on disability issues and people with disabilities in our society.] PHOTO in center of page, Photo credit Michael Rondou / Press - Telegram: A slight man (Bobby Hartwell) in a somewhat rickety manual wheelchair sits in front of a large city bus [number 4405]. Through the windsheild a very beefy uniformed man, perhaps the driver, stands arms resting in front of him. Behind and to the side of this first bus is a group of three police men standing and conferring. Behind them a couple of other wheelchair riders are blocking a second bus. Behind that bus a third is barely visable. Text box above the photo: “Anatomy is not destiny and never has been.” The photo caption: A demonstrator holds a bus hostage In Long Beach, California: Because of the way the bus is built, the demonstrator can't get on. [Italicized] A “caste” of. . . persons has been created [in America]. Members suffer a stigma of abnormality, inferiority, and dependency, are provided with separate facilities and programs, and are encouraged to interact only with others of the same caste. [Italicized ends] —Robert Funk, Director/Attorney, Disability Rights Education and Defense Fund, Inc. [Italicized] Black people started a movement when they were forced to sit in the backs of buses. We're not even allowed on the buses. [Italicized ends] – Julie Haraskin, during a nonviolent direct-action demonstration in Los Angeles by ADAPT (American Disabled for Accessible Public Transit) Barry Giddings is a citizen of the United States who lives in Philadelphia. In 1981, he was shot in the neck and became a quadriplegic. The only way he can get around is in a wheelchair. Until December 10, 1985, he and his brother lived in his mother's home. On that day, Mrs. Giddings and her family were evicted. She went to Philadelphia's Division of Adult Services to get shelter for herself and her sons. Mrs. Giddings was told that she and her nondisabled son would be provided shelter, but Barry Giddings would have to provide for himself. Why? Because he was disabled. The apparatchiks tried to make Mrs. Giddings understand that they had no choice in this matter. Taking care of her disabled son's needs, they explained, would cost more money than was being spent on the average homeless soul in the city's shelters. Then there were the costs of additional insurance premiums to cover the city if this quadriplegic were taken in. Then where should he go? Was this man to be thrown out into the street to lie there until he died? Not our problem, said Philadelphia's Division of Adult Services. Lest you think that the decision to wholly abandon this disabled man was made by some low-level employee devoted to the increasingly popular notion that inconvenient people should be terminated, the person who sent Barry Giddings into the night was following the policy of Philadelphia's Division of Adult Services. A relative arranged to have Giddings taken into Jefferson Hospital for the night because the staff there, unlike the folks at Adult Services, could not bear leaving him without shelter. They put him in the emergency room. The next day, he was removed to Magee Rehabilitation Hospital, although he did not require hospitalization. What he required, was a place to stay, and Magee Rehabilitation Hospital couldn’t keep him because providing shelter wasn't its' function. Barry Giddings, with the help of Stefan Presser, an American Civil Liberties Union attorney, took the city of Philadelphia to court. The class action suit charged that the city policy discriminates against homeless people who are disabled, and thereby violates their Constitutional right to equal protection under the law as well as their rights under Section 504 of the Federal Rehabilitation Act of 1973. That statute forbids discrimination against the handicapped in any program receiving Federal funds, and Philadelphia's Division of Adult Services, as part of the Department of Human Services, does receive Federal money. The city of Philadelphia quickly caved in, placed Giddings in a temporary shelter and said it would find permanent housing for him and his mother. As Stefan Presser points out, a particularly shocking thing about the case was that although the city had been engaged in a vigorous campaign to get the homeless into shelters, it had this firm policy of shutting out the disabled among the homeless. "There's no telling," Presser told me, “how many disabled people have been turned away until we got the policy changed, and who knows what happened to them? Some of the organizations for the disabled inform me that from time to time they've had phone calls from people who have been refused shelter because they're not able-bodied, but when they got to the phone booth from which the call was made, there was no one there." Ralph Ellison's Invisible Man could have a counterpart in the experiences of the nation's disabled for many, many years. As Robert Funk, Director of the Disability Rights, Education and Defense Fund, wrote in 1981: “American society, under the guise of humanitarian efforts, has developed a record, with respect to treatment of disabled persons, that is a history of isolation and discrimination inflicted upon them because of their ‘handicaps.’ This history, manifested in the attitude of ‘out of sight, out of mind,' carried out through policies of custodialism, has resulted in an ostracized, invisible minority denied access to organized society." This year, in his part of a forthcoming book, Images of the Disabled/Disabling Images, Funk makes the corollary point—— and see if any of this applies to you ---- that "the general public does not associate the word 'discrimination' with the segregation and exclusion of disabled people. Most people assume that disabled people are excluded from school or segregated because they cannot learn or because they need special protection. So too, the absence of disabled coworkers is simply considered a confirmation of the obvious fact that disabled people can't work. These assumptions are deeply rooted in history. Historically, the inferior economic and social status of disabled people has been viewed as the inevitable consequence of tho physical and mental differences imposed by disability." I know a young woman whose disability is athetosis, a form of cerebral palsy, which affects her speech and the way she walks. She is a first-class writer --- a published writer --- and a graduate of Harvard Law School. Currently in Hartford, she specializes in state regulation of automobile and homeowners’ insurance. Her name is Lisa Blumberg and she wrote me recently: "If nondisabled adults spent more time talking to disabled adults, they would learn that anatomy is not destiny and never has been." But because many disabled adults are segregated from the rest of the population, misconceptions about them, along with ignorance of who they actually are, continue to create more discrimination. For instance. Michael Landwehr of the Council for Disability Rights in Chicago, born with spina bifida, was disabled during surgery when he was 12. He is a graduate of the University of Illinois. Landwehr watched with great interest when in 1973 Congress enacted Section 504 of the Rehabilitation Act forbidding discrimination against the disabled in any programs or activities that receive Federal funding. So what has Michael Landwehr's life been like since 1973? “I have been denied an apartment based on my disability," he says. “Last year I was uprooted from home when the commuter train I took to work refused to let me continue riding without an attendant. I was told I could not buy a ticket in the first-class section of an airliner unless I also purchased a ticket for an attendant. I have been denied jobs and promotions on the basis of my disability. Every day I am denied access to public transportation. [He is in A wheelchair.] “Hundreds of thousands of disabled persons remain incarcerated in nursing homes and institutions, isolated from every aspect of community life, denied their right to vote, denied the right to education and employment. Disabled people remain the most unemployed and underpaid group in the country. For every dollar earned by a nondisabled white male, a disabled white male earns 52 cents, a disabled minority male earns 25 cents, and a disabled minority woman earns 12 cents." But the disability rights movement is gathering momentum and has already brought about some changes. Accordingly, by the end of this decade, there is likely to be a stretching of public consciousness concerning this form of American apartheid that has largely been ignored during the rise of all the other movements for equal protection under the law-—blacks, women, Native Americans, homosexuals and lesbians, Hispanics, et al. Future columns will include an exploration of the nonviolent direct-action arm of the disability rights movement, which is currently the most vigorous continuation of the Martin Luther King-Saul Alinsky legacy. The series will also go into the history of legislation and court action concerning the disabled; the seemingly infinite ways in which the disabled are distorted, sentimentalized, and underestimated by the press, television, and films; a battery of very specific legislative recommendations by the disabled; and a good deal more. One of the underlying themes is a comment by Vassar Miller, who has published eight volumes of poetry, one of which was nominated for the Pulitzer Prize. In her early sixties now, she was born with cerebral palsy. “What handicaps me far more than my physical condition," she says, “is the reaction society has to it. And, no less important, my reaction to society's reaction." Vassar Miller has edited a new book, Despite This Flesh (University of Texas Press), an extraordinarily illuminating collection of short stories and poems about the disabled. If public television had any imagination, a striking series could be made from Despite This Flesh. It ranges from pungent, poignant, and sharply funny evocations of childhood to a resoundingly erotic poem about a paralyzed man, "Seated Nude" by Richard Ronan. In her introduction, Vassar Miller tells of how, when she was a child, before there was ever such a thing as special education or mainstreaming, her stepmother “had tried to enroll me in a private school. ‘They just looked at me and started talking about God!‘" her stepmother said in dismayed tones when she came home. By the time the 1980s are over, a picket line of the disabled might elbow God aside and change the admissions policies of a school like that. The pressure is rising inside the disabled to break out of their caste, to be visible, to be part of whatever the hell's going on that they want to be part of. Consider ADAPT (American Disabled for Accessible Public Transit). In a number of cities around the country, its members have been demonstrating and getting arrested in protests against the lack of lifts on buses and the absence of ways of enabling the disabled to use other forms of public transportation. On October 6 in Los Angeles, a march of some 280 disabled ended at the Westin Bonaventure Hotel, where the American Public Transit Association was holding a convention. This was the scene, as described in The Disability Rag (Box 145, Louisville, Kentucky): "Attempts by ADAPT members to descend to the main lobby of the Bonaventure on the one elevator connecting the lobby with the street level were met with police resistance. Security forces turned off the elevator and escalators. Police blocked doors to prevent other disabled people from entering the hotel. Chants of ‘We Will Ride!‘ filled the Bonaventure from protesters inside and out. A number of ADAPT marchers, determined that conventioneers would not be able to use the escalators either, tried to block the escalator entrances or to throw themselves down the steps....By Monday, the Bonaventure had become a police-held fortress.“ I bet you never thought disabled people could do anything like that. It's just the beginning. As an ADAPT organizer yelled at a crowd of the disabled in Los Angeles, “We've got to get over our slave mentality!"