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Prima pagină / Albume / Etichete DREDF - Disability Rights Education and Defense Fund
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ADAPT (595)
US NEWS AND WORLD REPORT Sept. 18, 1989 [This story appears in ADAPT 595, 590 and 602. It is included in its entirety here for ease of reading.] [Headline] Liberation day for the disabled by Joseph P. Shapiro Forty-three million will soon win basic civil-rights protections. Their growing movement has brushed aside the opposition and is changing America The day before the Senate passed historic legislation to protect the civil rights of disabled people, Mary Jane Owen got another rude reminder of the daily discrimination that faces people like her. Owen, a writer who is blind and uses a wheelchair, was lobbying senators for the disability-rights bill. But when she moved onto Constitution Avenue to go home, a taxi driver at curbside sped away rather than pick up a woman in a wheelchair. It is similar acts, repeated hundreds of thousands of times a day to the nation's 43 million disabled, that fueled an angry political movement that has brought the nation to a path-breaking moment. In a few weeks President Bush is expected to sign the Americans with Disabilities Act, a broad statement that will extend to the disabled the same protections against discrimination that were given to blacks and women in the 1960s and 1970s. The Senate passed the measure 76 to 8 last week, and the House is likely to approve it next month. The bill is a profound rethinking of how this country views disabled people, defined as anyone with a physical or mental impairment that "substantially limits" everyday living. For the first time, America is saying the biggest problem facing disabled people is not their own blindness, deafness or other physical condition but discrimination. The bill, says Senate sponsor Tom Harkin (D-Iowa), is "an emancipation proclamation for people with handicaps" that will fundamentally change their lives, getting more of them out of their homes and institutions and into full participation in society. Under the new law, restaurants, stores, hotels and theaters can no longer turn away a person with cerebral palsy, epilepsy, AIDS or any other disability. Employers would be prohibited from rejecting qualified workers just because they are disabled, and they would be required to fashion generally inexpensive modifications to the workplace to make it accessible to the disabled, such as putting a desk on blocks to raise it for a wheelchair user. It would also require that new buses be equipped with lifts so that wheelchair users could get on public transit. New buildings, or those undergoing major reconstruction, would have to be made accessible to disabled people, with elevators installed in shopping malls and new structures higher than two stories. Telephone companies would have to hire operators who could take a message typed by a deaf person on a Telecommunications Device for the Deaf (TDD) and then relay it orally to a hearing person on another phone. [Subheading] Cost of Access. Businesses, particularly small ones, are wary of the changes. John Sloan, president of the National Federation of Independent Business, complained that the bill will impose costly requirements on businesses" and is "so broadly written" that it is unclear how far, and to what expense, a business will have to go to avoid being open to a lawsuit. Sponsors of the bill said estimates that its implementation might cost billions of dollars were wildly exaggerated. Past experience shows they may be correct. When Congress in 1973 protected disabled people from discrimination by institutions that receive federal funding, North Carolina education officials estimated it would cost them $15 billion to make state university buildings accessible, says architect Ronald Mace of Barrier Free Environments. Instead, many changes were simple and cheap. To accommodate students in wheelchairs, classes were moved to ground floors rather than installing elevators to carry them to top floors. The cost so far has totaled $l5 million, says Mace. Similarly, a 1982 study for the Labor Department found that half the accommodations made in the workplace cost little or nothing. For example, it was easy for companies to change a wheelchair user's work hours to conform with the schedule of lift-equipped buses. Another 30 percent of the accommodations were achieved for between $100 and $500. That included such changes as giving a telephone head-set to a quadriplegic telephone operator. Despite the concerns of business groups, their opposition to a bill that would open them up to a new spate of lawsuits was surprisingly muted and not nearly as vociferous as their fight against the 1964 Civil Rights Act. For one thing, no one wanted to look like a bigot fighting a civil-rights bill, particularly one that was rushing through Congress. More important, businesses in the last few years have seen disabled people as a new source of labor and customers. “If they can get to the stores, business is going to increase" says the U.S. Chamber of Commerce‘s Nancy Fulco, who nonetheless lobbied to limit the rights bill's impact on business. [Subheading] Hidden Army. The mixed feelings of business groups underscored how disability rights is a civil-rights movement different from any other. Unlike the black and women's movements, disability-rights groups have never filled the streets with hundreds of thousands of marchers. Instead, the disability movement boasts “a hidden army,“ says former Representative Tony Coelho, who has epilepsy. Since a fifth of the nation's population has some form of disability, ranging from mental retardation to severe arthritis, Coelho argues, “disability impacts practically every family.“ Nowhere was that clearer than in Congress and the White House. where key supporters of the rights bill felt a particular need to win the bill‘s passage because they personally know about disabilities. Most important was President Bush, who has two sons with disabilities. Bush's strong statements in support of the bill during the 1988 campaign won him important support in the usually Democratic disability community. Nevertheless, the rights bill was in trouble until mid-June because of business fears about its cost. Then, on the day he left Congress, Coelho called Bush to ask him to renew his commitment to the bill. Within a few weeks, White House Chief of Staff John Sununu convened a strategy session with key senators to negotiate a compromise. That was easy to achieve once sponsors agreed to the White House request they drop the provision that would have allowed the disabled to sue for punitive damages if they were discriminated against. a provision that was the most opposed by business lobbies. From that moment, the compromise bill has been on a fast track. The success of the disability movement is extraordinary because it sprang up with little noise and little notice. One essential ingredient has been the growth of a new class consciousness among the disabled. Seventy-four percent of them feel they share a “common identity” with other disabled people, and 45 percent argue that they are “a minority in the same sense as are blacks and Hispanics,” according to a 1985 poll by Louis Harris & Associates. “All disabled people share one common experience—discrimination,” says Pat Wright of the Disability Rights, Education and Defense Fund. Often it is crude bigotry. In January, an airline employee in New York who resented having to help a 66-year-old double amputee board a plane instead threw him on a baggage dolly. A New Jersey private-zoo owner a few summers ago refused to admit children with Down syndrome to the monkey house because, he claimed, they upset his chimpanzees. It is that kind of outrage and countless more subtle discriminations that fueled the movement that now wants to change the image of the disabled. Many now reject the traditional attitudes of society that suggested their lives were tragic and pitiful. Many now loathe charitable appeals such as the annual Jerry Lewis Telethon that raised $42 million for the Muscular Dystrophy Association over Labor Day weekend. Such extravaganzas seek funds by emphasizing the most desperate cases. That kind of approach, activists say, suggests that disabled people are to be cared for and cannot be contributing members of society. “We don’t want to be dependent any more,” says Lex Friedan of the Institute for Rehabilitation and Research Foundation in Houston, who is a quadriplegic wheelchair user, the result of an automobile accident. “We want to be part of society in every way.” Such new attitudes reflect fundamental changes in the lives of disabled people. Since 1975, when federal law first ensured all disabled children access to schools, hundreds of thousands of disabled students have gotten a better education alongside nondisabled peers. Many grew frustrated after college, when they found there were few such protections to help once they tried to find jobs. A recent Census Bureau study concluded that the gap between the earnings of disabled and their nondisabled co-workers is growing. A disabled worker in 1987 made only 64 percent of what his nondisabled colleagues earned. In 1980, it was 77 percent. The 1985 Harris survey found that 70 percent of working-age disabled people were unemployed. Of those, two thirds said they wanted to work but were prevented from doing so because, among other reasons, they faced discrimination in hiring or lacked transportation. Those who do not work now collect federal disability and welfare checks, costing nearly $60 billion a year. “It doesn’t make sense to maintain people in a dependency state when those people want to be productive, tax-paying citizens,” argues Jay Rochlin of the President’s Committee on Employment of People with Disabilities. Although no one knows precisely how many millions of dollars could be saved by bringing the disabled fully into the work force, Sylvia Piper, an Ankeny, Iowa, mother, says she saved taxpayers $4.8 million by ignoring physicians who urged her to institutionalize her retarded son, Dan, when he was born. Instead, she kept him at home and sent him to public school with non-disabled children, the kind of role models who inspired him to get a job this summer. Dan, now 18, saved $800 from his pay as a drugstore stockroom worker. His first purchase was a gray bedroom rug, upon which he slept the night it arrived. The next morning he was ready for work early and announced, “I've got to work harder and make more money." Once again, says his delighted mother, Dan grew when faced with a challenge. The nation’s changing demographics have added to the urgency of meeting the needs of the disabled. By 1990, there will be 6.2 million elderly Americans with one or more basic disabilities, up from almost 5 million in 1984, according to estimates by the Urban Institute, a research organization. And the explosive growth of the number of those with AIDS and HIV infection has already added hundreds of thousands more disabled to the population. That is why AIDS-policy advocates teamed up with disability groups to make sure civil-rights guarantees under the bill also applied to those with AIDS. People with AIDS had won federal court rulings protecting them under existing disability-rights laws, which apply only to federally funded programs. The new bill will expand that protection to the private sector, so that people with AIDS and HIV infection cannot be fired from jobs or denied service in restaurants. [Subheading] Galvanizing Issue. Along with being better educated and more independent, the new generation of disabled people has become more politically sophisticated. Some 200 independent-living centers, which have sprung up since the 1970s to provide a mix of counseling and support services to severely disabled people, became bases of advocacy. One galvanizing issue came in the early 19805, when a Reagan administration anti-regulation effort tried to eliminate key federal protections that prohibit discrimination by any program or contractor receiving federal funds. Negotiating sessions over the regulation first brought then Vice President Bush face-to-face with Evan Kemp, who headed Ralph Nader’s Disability Rights Center. The regulation was never changed, in part because of Kemp’s advocacy and growing friendship with Bush. Last week, the President named Kemp, a member of the Equal Employment Opportunity Commission since 1987, to chair the civil-rights agency, which will handle job-discrimination cases brought under the new law. The disability-rights movement is distinctive, too, because it has never had a Martin Luther King or a Betty Friedan to lead it. Part of the reason is that there are hundreds of different disabilities. Nonetheless, disabled people, such as student protesters who last year gave Gallaudet University its first deaf president, I. King Jordan, are now adopting on a small scale the protest tactics of the civil-rights movement. Thirty members of American Disabled for Accessible Public Transportation, which uses tactics of civil disobedience, on Labor Day backed their wheelchairs against buses at the Los Angeles Greyhound terminal and disrupted busy holiday traffic in a protest for wheelchair lifts on buses. As the historic legislation was being debated, there was a curious twist. Watching with interest was a paraplegic visitor from Moscow, Ilya Zaslavski. He made history earlier this year when he won election to the new Soviet national legislature, the first person anywhere in the world to run as a disability candidate. Zaslavski watched the work of Congress and announced plans to introduce SDA—-a Soviets with Disabilities Act. INSERTED TEXT BOX: THE COST FACTOR Businesses are concerned about the costs imposed by the civil-rights bill: BUILDINGS: The cost of making accessible new buildings and those existing structures that are undergoing major renovations runs between 0 and 1 percent of building costs. TRANSIT: Changes required of bus and transit systems to help the disabled over the next 20 years might cost several hundred million dollars. PHONES: It will cost $250 million to $300 million a year to hire operators to work relay systems so deaf people can communicate with those who can hear, according to federal and AT&T estimates. INSERT: PHOTO (Roberta Barnes -- San Antonio Light): A line of people in wheelchairs diagonally crosses the picture. In the front Lonnie Smith Archuleta with his buff physique, in a T-Shirt with a medal-like imprint on the front, wheels his sports chair. Behind him a slight woman (Diane Coleman) with very thin arms and leg braces on her extended legs, rolls her power chair with a flag attached. She wears a straw hat, red ADAPT no steps T-shirt and long red skirt, across which she wears a sign reading "Gentler -n- kinder nation??" Behind her another woman in a power wheelchair (Linda Johnstone) wears a different red ADAPT T-shirt and a sign across her knees reads "We Need a Ride To Work." Behind her is another large woman in a wheelchair (Mary Kay Sanders) in dark sunglasses and a white dress; she carries a white parasol and appears to be chanting. Over the top of the parasol another sign (held by someone walking but obscured from view) written in calligraphy can be seen: "Access is a Civil Right." The line bends back and around out of view. Caption reads: Countless Frustrations. Angry protesters in San Antonio wheel through the streets to protest the lack of accessible public transportation.
ADAPT (322)
Logo of a sun. The Arizona Republic April 13, 1987, Phoenix, Arizona [This story continues in ADAPT 314 but the entire text is included here for easier reading.] PHOTO by David Petkiewicz/Republic: A large group of people are standing, heading into the Hyatt Regency Hotel. Among those standing some people in wheelchairs are visible, and a reporter is there with a camera. Caption reads: Wheelchair-bound protesters and their supporters gather at the Hyatt Regency in downtown Phoenix. The group converged on the American Public Transit Association's convention at the hotel last week. Title: Driven by anger, disabled man has fought long, hard for access. By CHUCK HAWLEY The Arizona Republic Mike Landwehr pushes his own wheelchair, but it's really anger that drives the wheels. "Every day, my anger is brought forward again when l have to push my wheelchair 10 blocks in my own hometown,“ said Landwehr, a Chicago man who has been arrested a dozen or more times since 1978 while demonstrating for access to public transportation for the disabled. “I'm running out of patience.” Landwehr spent much of last week in Phoenix as a spokesman for American Disabled for Accessible Public Transit. The Denver-based group has a reputation of “getting in the face" of public officials by creating ruckuses at meetings of the American Public Transit Association, a group Landwehr describes as "the enemy." Surrounding hotels, restaurants and buses where transportation officials meet, ADAPT members express demands in rhythmic chants: “What do we want? "Access! “When do we want it? "Now!" It is, the group says, a civil-rights demonstration. Howard Adams is not driven by anger, although he was paralyzed from the neck down in a swimming accident 20 years ago. Adams, a Phoenix councilman, said disability is something he lives with, but he doesn't thrive on it. "I‘m not an expert on it,“ Adams said, “it's not the most important thing in my life." He disagrees with the civil-disobedience tactics used by ADAPT. "I guess I pour my anger into other things," he said. Adams, who served in the Arizona Legislature before his election to the City Council, recently was appointed by President Reagan to the 22-member Architectural and Transportation Compliance Board. The board oversees enforcement of federal regulations governing access for the disabled. It can recommend withholding federal funds from any organization or local government that fails to meet federal requirements for access, Adams said. Although Adams does not use city buses regularly, he said, he has used them and believes Phoenix "is in pretty good shape" with respect to disabled people. The demonstrators, he says, have a beef with the American Public Transportation Association, not with Phoenix. "The goal has always been equal opportunity and to participate in all aspects of life as best as they can," Adams said. "I agree with their goals, but I don't agree with their tactics. "They were not here to point a finger at Phoenix. They were here to protest to a group that provides public transportation to people around the country." Public transportation in Phoenix is inadequate for all people, not just the disabled, Adams said. "If I wanted to go to the council chambers right now, (8:30 p.m.) I couldn't get there on the bus anyway," he said. "If I were in a city with a higher population density, such as Chicago or New York, it would be a different story. I would expect to be able to." Adams said there appear to be "some people who are professionally disabled just like there are people who will always be soldiers in World War II." "We all carry burdens with us, but we have to overcome them," he said. "You can't take away all of the problems everybody has; you just can't. "But, to the extent that society has created barriers, you have to remove them, and I think we are doing it here." Because he uses a lift-equipped van, Adams does not ride Phoenix buses often, but he said he is not unfamiliar with the difficulty of getting from one city to another. In Los Angeles recently, he said, he was told that he could board a plane in a folding wheelchair and that his battery-operated machine would have to be left behind for a later flight in a baggage compartment. "I have trouble with airlines," he said. "They don't care. They just want to get you out of there." When his motorized chair arrived in Phoenix on a later plane, he said, "there was $2,000 in damage to it." Landwehr, 43, was born with spinal bifida, a severe birth defect that now often is correctable. New surgical techniques came too late for him, however. He lost the use of his legs during surgery when he was 12 years old. Landwehr remembers that he once tried to deny his disability, shun his wheelchair and be like everyone else. "I would get myself seated in a restaurant and ask the waitress to take my chair away and fold it up in a corner," he said. "It was a way of being like everyone else. Deep down, disabled people strive to appear not disabled.” It was painful, he said, when his parents had to move from Chicago because he could not attend public high schools there with able-bodied teen-agers. The family moved 60 miles to the suburbs after rejecting the Chicago school system's offer to provide a special bus to pick him up and deliver him to a school for the handicapped, the only school he said school officials would allow him to attend. "Thank God they (his parents) knew I would only learn to live in an institution," he said. In the suburbs, Landwehr said, he struggled to lift himself into a school bus unequipped for handicapped people. Daily, he lifted himself up the school steps as other teen-agers watched. "I know what it is like to be stared at," he said. "It's painful." It also is painful, he said, that Chicago, the nation's third-most-populous city, after New York and Los Angeles, has no city buses with wheelchair lifts for the disabled. Landwehr said that the daily difficulty of overcoming obstacles just to gain access to places others take for granted has hardened his stance for total access. He is militant. Arrests and abuse do not appear to faze him. Embarrassing others and taking the risk of alienating the public also do not seem to faze him. "There is nobody more alienated than people living in little rooms in institutions," Landwehr said. "We want to expose the public to the full range of people who are disabled. "I think our presence here at least gives the public the opportunity to reflect upon their perceptions of disabilities and disabled people. "We hope that a byproduct of our presence will give us some leverage with local politicians." Landwehr, who studied journalism and psychology at the University of Illinois but didn't earn a degree, is unemployed. He once worked with the Disability Rights Defense Fund in Washington, D.C., until federal funding for the group was cut. "We fooled them, though," he said. "Twenty-two of us started collecting Social Security disability checks and just kept on working, doing what we had been doing until the money ran out." Public officials sometimes complain that the cost of total access for the disabled is too great and the need too small. Landwehr says he doesn't believe it. For example, Milwaukee once touted the purchase of lift-equipped buses but operated them randomly on unannounced routes. Photos above: head shots of Howard Adams in white shirt and tie, and Mike Landwher with flannel shirt and mustache. Caption reads: Howard Adams (left) and Mike Landwehr both are disabled, but Adams disagrees with the civil-disobedience tactics used by Landwehr's group.