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Home / Albums / Tag John Holland 9
- ADAPT (1764)
IF HEAVEN ISN'T ACCESSIBLE, GOD IS IN TROUBLE by Tari Susan Hartman Reprinted from Incitement, A publication of Atlantis/ADAPT [This article appears in ADAPT 1764 & 1773 but is completely included here for easier reading.] ADAPT mourns the loss of one of our greatest leaders, Wade Blank, and his son Lincoln. while on a family vacation in Todos Santos, Mexico, Lincoln got caught in an ocean undertow. Wade swam out to save him and both drowned on February 25th, 1993. They are survived by Wade's wife Molly and daughters Heather and Caitlin. Ironically, Wade died in the same way he lived swimming out into the face of hostile under currents, and giving his life to help others fight for theirs, Those who have come to national ADAPT actions remember in the early days Lincoln rode along on Wade's back. Later, he walked by wade's side while Caitlin rode. with his elfish smile, Lincoln quietly drank in all the action at demonstrations, vigils, planning meetings and anything else that came up in his dad's activist life. while other kids play "doctor" or "house", Lincoln played "rally." Wade was born December 4, 1940 in Pittsburgh, PA. After attending an all white high school, he travelled with Dr. Martin Luther King Jr. to Selma on a dare by a black college roommate. His experiences there taught him the deep oppression perpetuated by our "civilized" society. Once he graduated college, he served as pastor of a church just outside of Kent, Ohio that became the underground meeting place for the Students for a Democratic Society, SDS. After the Kent State killings, he returned to get a masters degree from McCormick Theological Seminary and was ordained a Presbyterian minister. Burnt out on his past activism and organizing, he moved to Denver and began working in a nursing home. with years of civil rights, war on poverty and antiwar organizing experience, he could not ignore the oppression he found there. So he began to deliver Dr. Martin Luther King Jr.'s dream of freedom directly to the doorstep of the disability ghetto: the nursing home. In 1971, while on staff at Heritage House, a Denver nursing home, Wade tried to work within the system to dignify the lives of the young disabled residents. A recent ABC—TV movie with Fred Savage entitled "When You Remember Me" chronicled this story. Wade and the resident's efforts were doomed to fail, but they gave birth to a better alternative. In 1974 Wade founded the Atlantis Community a model for community-based and consumer controlled independent living center named for the lost continent of Atlantis, those easily forgotten and dismissed. The first members of Atlantis were those young adults incarcerated in Heritage House, from which Wade had been fired. Forgotten by the system and often by their families, these individuals were not forgotten by Wade as he began to liberate them from the nursing home into the Atlantis Community. Years later Wade and attorney John Holland masterminded a $32 million lawsuit against Heritage House nursing home for obstruction of justice and violation of civil rights. The case went all the way to the US Supreme Court. Today many of those original nursing home residents are raising families in homes they now own. In 1978 Wade and Atlantis realized that if people with disabilities were to truly live independently, they would need, and should have a right to, accessible public transportation. On July 5-6. 1978 a "gang of nineteen" disability activists and Wade held their first inaccessible bus hostage in the Denver intersection of Broadway and Colfax. Late that night Wade was surprised when US Congresswoman Pat Schroeder handed him a doughnut and a cup of coffee. Atlantis‘ decision to take the fight for lifts on buses to the national level soon led to the birth of ADAPT (American Disabled for Accessible Public Transit. ADAPT was the nation's first direct action, grass-roots movement of disability activists and mushroomed in over 30 states, Canada, Sweden and England. Like the freedom riders of the 60s, ADAPT's struggle for accessible public transit became a national battle cry of the 80s. Over the course of eight years of biannual national demonstrations throughout the country, hundreds of ADAPT activists and their families and friends were arrested for their beliefs and commitment to ensure civil rights for all disabled citizens. Twelve years after the first bus seize, the Americans with Disabilities Act, ADA, mandated lifts on buses. ADAPT's street chant "access is a civil right" echoed in the halls of Congress, as politicians became increasingly aware that ADAPT and the disability rights movement fully expected ADA to be passed as landmark civil rights legislation. ADAPT organized the "wheels of Justice" march in March of 1990, and Wade played a key role. It was a call-- to— action that galvanized the disability rights movement to demand swift passage of ADA with no weakening amendments. Over 1,000 disability rights activists from across the nation joined forces with ADAPT to demonstrate to the world that they were to be taken seriously. On the second anniversary of the signing of the ADA (July 25, 1992), the city of Denver and its Regional Transit District commemorated that historic event by dedicating a plaque to Atlantis/ADAPT and the "gang of nineteen" who held the first bus. Wade refused to have his name engraved on the plaque, but his silent tears at the dedication ceremony revealed the depth with which he felt the issues of disability rights. He had left his mark forever etched in the foundation of our civil rights movement. In 1990, when it was clear that ADAPT had successfully led and won the fight for accessible public transportation with the passage of the ADA, wade and other national ADAPT leaders convened to plot their next course of action. There was little question for anyone what that next issue would be. ADAPT transformed its mission and became "American Disabled for Attendant Programs Today." Together, ADAPT and wade returned to the scene of one of society's most heinous crimes the warehousing of 1.6 million disabled men, women and children. These disabled Americans committed no crime, yet were and still are, interred against their will, in nursing homes, state schools and other institutions. They are used as the crop of industries like the nursing home lobby, physicians and their conglomerate owners who continue to get rich by robbing our people of their fundamental civil, human and inalienable rights to life liberty and the pursuit of happiness. Most of us are spectators sitting on the sidelines of life, learning history from books. Wade, was an active participant in over three decades of political organizing. He taught others how to create and record their own destiny. A brilliant strategist, he helped shape the tide of the disability rights movement. Yet Wade was never too busy to roll up his sleeves and assist someone with attendant services, push or repair a chair or drive a van. He stood up for what he believed in and expected others to do the same. In his Pursuit to free others from the chains of oppressions he was arrested 15 times and proud of it! Several weeks ago Wade Blank's story, including the development of Atlantis and ADAPT, was officially accepted into the National Archives. Wade, a passionate Cleveland Browns fan, was a loving husband, daddy, friend, organizer and leader. He valued and encouraged the unique contributions that each of us has to give to ourselves, each other and the world around us. We honor his contribution, value his friendship, and grieve the loss of our beloved friend and colleague. Wade was one of the few non disabled allies of the disability rights movement who understood the politics of oppression. At times through the years, his leadership role was questioned, but he never lost sight of the vision, nor lacked the support of those he was close with. Photo by Tom Olin: Wade Blank and Mike Auberger sitting on either side of the plaque honoring the Gang of 19. Caption reads: Co-Directors Wade Blank and Mike Auberger reflect on the past decade of organizing and activism. - ADAPT (117)
Handicapped reach accord RTD Wheelchair-bound demonstrators and the Regional Transportation District reached an “understanding” Friday in a conflict that led the bus company to seek a restraining order against the demonstrators a week ago. Both sides “agreed to agree,” according to RTD spokeswoman Kathy Joyce, who said they would work out the details of the agreement before the issue comes before Denver District Judge Daniel Sparr on Feb. 2 During that time, Sparr will make no decision on RTD’s request for the temporary restraining order. If a formal agreement is reached by Feb. 2, Joyce said the request would be dropped. The demonstrators began staging a sit-in at RTD’s headquarters Jan. 4 over the company’s decision not to place wheelchair lifts on 89 new buses scheduled for delivery next year. The wheelchair-bound activists were from the Atlantis Community and Holistic Approaches to Independent Living Inc. Several of the demonstrators chained themselves to stairwells in the main lobby of the building at 1600 Blake St., and others blocked the front entrance during the demonstration. Their anger was directed at RTD Executive Director L.A. Kimball, whom they blame for the decision to omit the lifts from the new buses. During the sit-in, the building’s elevators were shut off, making it impossible for the demonstrators to reach Kimball’s office. The demonstrators weren’t arrested, but they were escorted from the premises by police and paramedics. RTD requested the temporary restraining order against the demonstrators after the third day of protest, claiming the demonstration caused “disruption, obstruction and interference.” John Holland, an attorney representing the demonstrators, said the issues that led to the demonstrations are still alive, but that both sides will work out their differences in the next two and a half weeks in a climate of more open communication. He said that during that tie his clients will not be “disruptive.” - ADAPT (112)
The Denver Post? Decision Reserved In RTD Bus Case U.S. Dist. Judge Richard P. Matsch Friday reserved decision on a petition for preliminary injunction to keep the Regional Transportation District from using 213 new buses without equipment to aid handicapped and elderly persons. The petition, filed against RTD by the Atlantis Community, a residence for the handicapped, and others, originally had sought to get a preliminary injunction against the manufacture, purchase and delivery of the buses. On Friday, however, the attorney for the plaintiffs, John Holland asked the court to allow an amendment to his original petition which would prohibit only the use of the buses, not their manufacture, purchase and delivery. Matsch agreed to letting the plaintiffs amend the petition but reserved decision. RTD has ordered 213 buses from Flexible Buses and the AM General Corp. for delivery later this year. The buses won’t come equipped with and ramps for the handicapped, but could be outfitted with the special equipment. At the two days of court hearings which ended Friday, John Simpson, RTD executive director and general manager, testified the system currently has 36 of one bus for each 1,000 persons in the city, while maintaining 1.4 buses for each 1,000 handicapped persons. Simpson told the court if all buses were specially equipped for the handicapped, it would upset schedules and require more buses on the street. He pointed out the special lifts for handicapped take two to three minutes to operate. In its Saturday editions, The Denver Post erroneously reported that Matsch had denied the plaintiff’s petition for a preliminary injunction. - ADAPT (110)
Denver Post RTD, Handicapped Protesters Come to Undisclosed Accord By: Howard Pankratz, Denver Post Legal Affairs Writer Heeding a judge’s advice that a court-imposed resolution of their differences could lead only to more problems, handicapped Denver residents and the Regional Transportation District Friday hammered out a solution to their dispute. Although the agreement’s terms won’t be made public until a court hearing February 2, representatives of RTD and the handicapped seemed quite pleased with the accord. A compromise was suggested by Denver District Judge Daniel Sparr. It ended a hectic several weeks during which RTD property has been the scene of demonstrations by wheelchair-bound handicapped and in which RTD sought a court order to prevent such demonstrations. The demonstrations were sparked by a decision of the RTD board of directors not to place wheelchair lifts on 89 high-capacity, articulated buses to be added to the RTD bus fleet in 1993. The RTD responded by going to court, seeking a court ban on demonstrations. But on Thursday, saying he was convinced the gulf between the handicapped and RTD would widen if he entered a court order at RTD request, Sparr called both sides into his chambers. He strongly suggested they work out an agreement among themselves. At all costs, Sparr told them, he wanted to avoid an “us-against-them” climate on both sides, which he said would result if he were forced to rule on RTD's motion for a temporary restraining order. After a total of five hours of talks Thursday and Friday, an agreement was reached. Both sides praised Sparr. “I think Sparr took the correct approach,” said RTD attorney Russ Richardson. “I believe his philosophy is right. When I was in private practice, I advised clients in divorce proceedings that agreements between them and their spouses were much better than a settlement imposed by the court. Court action is one-sided. One side will lose, or sometimes both sides will lose.” John Holland, representing the Atlantis Community for the disabled, said neither side really desired a restraining order and recognized each had rights. Holland said that the agreement is a “fair adjustment of those rights.” Holland added both sides “found out how to relate to each other. I think talking about it, and the judge’s input, were creative,” said the attorney for the handicapped. Richardson said that as part of the agreement, RTD will no longer seek the restraining order. - ADAPT (104)
Denver Post Tuesday, January 19th, 1982 Editorials, Opinion, 2, 3 Weather 4 Ski Report, 4 Suit over Bus Lifts Hits RTD By Howard Pankratz, Denver Post Legal Affairs Writer Some of Denver’s handicapped, who believe the Regional Transportation District has broken a promise to install wheelchair lifts on 89 new buses, turned that belief into action Monday by suing the district. In a lengthy brief filed in Denver District Court, seven wheelchair-bound individuals and the Atlantis Community for the disabled accused the district of violating both state and civil law and a settlement reached in federal court several years ago. In that settlement, alleges the suit, RTD agreed that all new buses would have wheelchair-lift equipment. But that promise has been broken, said the suit, which asks that RTD be required to install lifts on 89 new buses due for delivery beginning next year and on all new equipment in the future. The Monday suit is based on RTD’s having contracted for 89 new buses, worth $21.3 million. The suit says that 80 percent of the purchase price is to be paid by the federal government. Originally, said lawyer John Holland, who represents the handicapped, all the buses were to have had lifts to make them accessible to the handicapped. But last November, the RTD board decided not to have lifts installed. The total cost of the lifts would be $1.1 million, with the federal government again paying 80 percent of the cost. The suit alleges that it wasn’t the cost, technical feasibility or the maintenance of the lifts that caused them to be dropped, but rather a decision by RTD to use the new buses on “express bus service” from which the handicapped are to be excluded. This, claimed the wheelchair-bound complaints, blatantly violates the state’s civil rights act. Reacting to that alleged broken promise, handicapped individuals demonstrated on the RTD properly, for three straight days in early January, an action that caused the district to go to court seeking an order banning such demonstrations. However, late last week, Denver District Judge Daniel Sparr told both sides he feared that if he issued a restraining order against the handicapped, it would only widen the gulf between the two sides. He noted that the handicapped had legal avenues to follow if they felt a promise had been broken. On Friday, heeding Sparr’s advice, the two sides reached an accord, whose points will be made public February 2. RTD lawyers Alan E. Richman and Russ Richardson said Monday that RTD has a policy of not commenting on such pending lawsuits. - ADAPT (97)
Rocky Mountain News, Tues., Oct. 19, 1992 Denver, Colo. RTD seeks to nullify handicap law By SUE LINDSAY News Staff Another skirmish in the ongoing battle waged by Denver’s handicapped to gain access to the city's bus system was staged Monday in Denver District Court, with the Regional Transportation District asking the court to declare the Colorado Handicapped Act unconstitutional. An organization of the handicapped has asked Judge Harold D. Reed to order RTD to purchase no buses that won't accommodate the handicapped and to retrofit older buses according to an agreement reached during a federal court case in 1979. The district court suit, filed in January, was triggered by RTD’s purchase of 89 buses to be delivered in 1983 without wheelchair lifts. RTD is trying to sidestep the provisions of that agreement, arguing that the federal regulations on which it was based no longer exist. RTD also wants the judge to declare the Colorado Handicapped Act unconstitutional because it is overbroad and too vague to be followed. THE JUDGE HEARD arguments by both sides Monday and said he will rule on the matter Nov. 9. Lawrence D. Stone, an attorney representing RTD, argued that the Colorado Handicapped Act is merely an expression of the Legislature's intention of how the handicapped should be treated. Stone argued that the statute prohibits discrimination but doe§n’t require any specific “affirmative actions” — such as buying only buses that contain wheelchair lifts. “The Legislature intended to enact the statute simply as an encouragement for the handicapped to be brought into the mainstream of society," Stone said. “They were encouraging rather than mandating better service for the handicapped. Any efforts are voluntary, and the voluntary efforts of RTD have been substantial.” Stone said that 50 percent of RTD buses are accessible to the handicapped during rush hour and all of them are during non-peak hours of operation. Stone also argued that the statute, which sets maximum criminal misdemeanor penalties of up to 60 days in jail and a $100 fine, is too vague and too broad to be enforced. Stone said the act doesn’t specifically define who is included and what must be done to comply with the statute. “We must guess at its meaning,” Stone said. "lt is clear that the act is a declaration of state policy. But is it a crime to fail to heed a policy of the state?” Stone argued that, apart from the Colorado statute, lawyers for the handicapped have misconstrued the meaning of a stipulation signed by RTD to resolve a federal suit over the handicapped buses issue. John Holland, an attorney representing the Atlantis Community, which filed the suit, said he and his clients understood that RTD was agreeing to purchase buses with wheelchair lifts and retrofit all buses purchased after February 1977 in compliance with federal regulations in effect at the time. Stone said RTD merely agreed that its “intention” was to achieve accessibility at the earliest practical date. He argued that RTD never promised that all of its buses would accommodate the handicapped. Calling the dispute “a legal and political war between the disabled and RTD," Holland said, "There was no doubt whatsoever that RTD knew for certain (that) what the plaintiffs wanted was total accessibility of buses. This has been our consistent demand everywhere. It's very simple what the agreement means. lt means that all buses must be made wheelchair accessible.” HOLLAND CHARGED THAT RTD was trying to weasel out of the agreement because the federal regulation in effect at the time it was reached has changed. At the time, federal regulations made it mandatory that new buses accommodate the handicapped. The mandatory regulation was dropped in July 1981, leaving the earlier regulation in force that encourages localities to do this and provides federal funding for the wheelchair lifts. “RTD made an agreement with us, and now RTD argues that it should not be bound by the settlement but to the law as it evolves and changes," Holland said. Reed called the stipulation “about as unclear a stipulation as I’ve ever read in my life. I don’t know what it means yet." The judge wondered aloud whether the parties had purposely used “tortured language” to solve the immediate problem, knowing they would wind up back in court. - ADAPT (96)
Rocky Mountain News 9/5/81 Denver, CO Handicapped buoyed by judge's ruling By JANE HULSE, News Staff A Denver judge Friday dismissed charges against 20 able-bodied protesters who invaded the Denver mayor's office last spring because 23 other protesters in wheelchairs had not been ticketed. That, said County Judge Edward A. Simons, is reverse discrimination. The unusual ruling by Simons was hailed by the handicapped community as a "significant” victory. The ruling stemmed from a protest May 15 in the office of Mayor William H. McNichols Jr. concerning budget cuts that would affect handicapped residents. The demonstrators were ordered to leave the building at 5 p.m. after McNichols refused to meet with the group about the cuts in the city’s health-care systems budgets. When the group refused to leave, those in wheelchairs were not ticketed, but the able-bodied protesters were charged with interference —- a misdemeanor carrying a maximum penalty of 90 days in jail or a $300 fine. None was taken to jail and booked. The attorney for the protesters, John Holland, argued that his clients were entitled to equal protection under the law and that the law shouldn’t be enforced selectively against one group. “It takes a message to the mayor that he can’t insult the disabled community by ignoring them," said Wade Blank, a spokesman for the disabled. “The disabled are telling me that next time (they meet with McNichols) he will have to treat them differently.” He said the ruling will cause the handicapped people to become even more outspoken and demonstrative about fighting for their rights. Knowing they would be subjected to jail at demonstrations doesn't frighten them, he said, noting that the jail has wheelchair access. Blank said the city’s decision to ticket only those demonstrators who were not in wheelchairs had the effect of making the handicapped feel as if they weren't being recognized as people. “It made them feel like second-class citizens he said. He said the handicapped demonstrators knew they were breaking the law by refusing to leave and “they were willing to pay the price.” According to the ruling, the city decided not to ticket the handicapped for fear that some weren't able to remove themselves from the office or didn’t understand the orders to leave. But Simons noted that “the time and resources were available to make those determinations." The judge also stated, “The fact that none of the disabled persons were charged in spite of their active resistance to leaving renders the city's evidence insufficient to overcome the inescapable conclusion that the defendants have been denied equal protection of the laws.” - ADAPT (80)
Rocky Mountain News [Headline] RTD board stalls action on bus lifts By JERRY Brown News Staff Photo by Jose R. Lopez, News: A man sits in a manual wheelchair with a somewhat disgusted look on his face. He is wearing glasses, has a goatee type beard and a powerful looking body, in that CP, non-body builder way. He holds a coat in his lap. Caption reads: Leroy Duran speaks at RTD hearing on the subject of wheelchair lifts for 89 articulated buses. He was one of more than 20 people, many of them handicapped, urging RTD board members to reverse a decision not to buy the lifts. The Regional Transportation District board of directors made no decision after spending three hours Tuesday listening to appeals from the handicapped community that the directors reverse a decision not to put wheelchair lifts on 89 articulated buses scheduled for delivery in 1983. With only ll of the 20 members present for the special meeting, the directors postponed action on a compromise proposal to put lifts on 45 of the high-capacity articulated buses until its regular monthly meeting on Dec. 17. Eleven affirmative votes are required for any board action, so it would have required a unanimous vote of those attending Tuesday’s session to reverse or amend the board's Nov. 19 decision not to buy the wheelchair lifts. Most of the board members at the meeting also attended a secret two-hour staff briefing on the issue before the public session. L.A. Kimball, RTD executive director, said public notice of the board briefing wasn't necessary because it wasn't a formal board meeting. At the public meeting, more than 20 speakers urged board members to reverse their decision not to buy the lifts. Attomey John R. Holland, who represented the Atlantis Community for the handicapped in an earlier lawsuit against RTD, said the decision not to put lifts on the articulated buses violates a 1979 negotiated court settlement under which Atlantis agreed to drop a lawsuit against the agency on the accessibility issue. Gregory D. Jones, RTD's legal counsel, disagreed. In that agreement, RTD promised to make its fleet accessible to the handicapped “through a program of accessible new bus purchases and the wheelchair-lift retrofit of existing buses susceptible to retrofit." In a separate policy statement, the board members promised to make half of RTD's peak-hour service accessible to the handicapped — a policy that some board members have suggested should be rescinded. Even without lifts on the articulated buses, Kimball said, RTD will meet the commitment to make half of its.peak-hour service accessible to the handicapped. RTD has [846? the number is very difficult to read] lift equipped buses in its [646? unclear] bus fleet, but only 60 of the lift-equipped buses are used for wheelchair-accessible service. Kimball promised that the lifts on the remaining 286 buses would be operating by next summer. The buses first must be equipped with wheelchair restraints, RTD officials have said. Holland also said RTD may be required by state civil rights legislation to make the articulated buses accessible to the handicapped. Members of the Atlantis Community have threatened to sue RTD an effort to force the agency to put lifts on the buses if the agency doesn't order the lifts. RTD's staff recommended that the lifts be eliminated from the bus order because of the cost — $1.1 million, or more than $12,000 per bus — and expected maintenance problems. Eighty percent of the money for purchasing the lifts would come from federal funds. RTD originally ordered the buses with the lifts, but on Nov. 19 the board voted 11 to 5 to rescind the decision to buy the lifts. When the buses were ordered in March, federal regulations required that wheelchair lifts be installed to all buses purchased with the aid of federal funds, but that rule has since been withdrawn by the Department of Transportation. - ADAPT (45)
Rocky Mountain News Mon., March 22, 1976, Denver, Colo. Banner Headline for story. PHOTO on left of headline: Head and shoulders shot of a young man (Michael Smith) with dark hair, pulled back in ponytail, dark beard and moustache. His head is tilted slightly to one side and he is smiling a bit. Caption reads: Michael Smith. He had a dream; He prayed that He would walk again someday. But someday never came. [Headline] Late poet a plaintiff in nursing home case Page 5 [Banner headline in ADAPT 44. Story starts here in ADAPT 45 and continues in ADAPT 46, but the entire text is included here for ease of reading.] Late poet was plaintiff in nursing home lawsuit By Jonathan Dedmon, News Staff Michael Smith was a poet. A victim of muscular dystrophy, Michael wasn't able to hold a pen, however. Weighing less than 100 pounds, one of the few physical tasks he was able to perform was to turn the pages of the many books he read. He would keep stanzas of poetry stored in his head and wait for friends or staff at the Heritage House Nursing Home in Lakewood where he lived to have free time so he could dictate his verse. A former aide remembers when she would be busy caring for patients and Mike would say, "Got to write." "We'd say, ‘Sorry, Mike‘ Don‘t have time.‘ A lot of his poetry was lost." In addition to being a poet, Mike also was an idealist. Because of what friends say was that idealism, in spite of the fact Mike died in October at the age of 21, he lives on not only in a published book of his poems but also in a giant legal battle in U.S. District Court. THE BATTLE COULD have a large impact on the care of handicapped patients in nursing homes throughout the country since it attacks the entire method of delivering health care. The suit, in which Mike was an original plaintiff, charges nursing home patients routinely are being denied their rights and even fundamental medical care, contrary to the wishes of Congress in its Medicaid law. U.S. Judge Richard Matsch currently is considering how much jurisdiction the federal court has in the case. But already a number of patients and nursing home employees have come forward with a series of affidavits which are a litany of patient abuse. The charges are leveled primarily against the former Heritage House Nursing Center in Lakewood, which since has been sold and is operating under new management and a new name. The suit’s allegations range from patients not having the colostomy bags changed to failure of the staff to provide any rehabilitation efforts. THE NURSING HOME attorney and a part owner deny the charges which are contained in a half dozen affidavits filed with the court. Pam Malpass worked as an aide from August 1974 to February of last year. Here are parts of her affidavit: “People were punished sometimes by having their wheelchairs turned off, cut their mobility (sic). Wheelchairs at Heritage House were constantly in disrepair and falling apart leading to weekly crises. Paul Brae, a Heritage House resident, fell out of his chair because it was falling apart and crawled under his bed and said he was (sic) [not] going to come out until he got a new wheelchair [cut off] we procured for him with some difficulty. Bowel programs for a number of residents weren't maintained properly resulting in infections. Colostomies and catheters weren't cleaned properly or regularly also resulting in infections for a number of patients. I also often observed that colostomy bags and catheters improperly were connected to the people that needed them with the result that they leaked and backed up." Michael Ray, an orderly from May 1974 to January of last year, said in his affidavit that on at least a dozen occasions, he made marks with a felt-tipped pen on patients’ dressings on open bed sores to make sure they were being changed twice a day as they should have been. “Each time when I looked, a day later, sometimes longer, the dressings I had put on with the markings were still there. The unclean sores lead to more serious complications and infections. During the six months I was working at Heritage House I never saw a doctor." FAILURE TO MAINTAIN a bowel program can lead to bowel poisoning and even to surgery. Mark Biles was impacted for three weeks while I was there necessitating an elaborate program of oral laxatives, suppositories and enemas to give him relief. The owners and the administrators always met suggestions or requests from the staff on behalf of patients residing there with the remark that they cost too much or if you don't like it why don't you get the hell out. “The only time that Heritage House was concemed about the cleanliness of the home was when the state inspection team announced it would appear.” ACCORDING TO JOHN Holland, who heads a team of Legal Aid attorneys working on the case, “We're saying that when Congress established Medicaid, it intended to create a real system of delivering high quality medical care to poor people, not a system that couldn't deliver for a significant number. The benefits aren't getting there.” A particular target is the U.S. Department of Health, Education and Welfare (HEW), which is charged with making sure nursing homes comply with federal standards to insure high quality health care. Legal Aid, which is reluctant to say too much about the case because it is pending, feels HEW merely established a “paper compliance" system whereas Congress wanted a compliance system to “see benefits and rights delivered and prevent the kinds of injuries and deprivations of rights alleged in the suit." THE SUIT NAMES every rung in the bureaucracy which participates in the provision of nursing home care, ranging from the owners of Heritage House to the state Department of Social Services and HEW. In addition to asking for monetary damages, the suit also seeks an injunction prohibiting deprivation of medical care and patient rights. The rights include proper medical and psychosocial treatment and care, the right to seek legal counsel and manage personal monies, the right to voice grievances and the right to adequate notice and opportunity for a hearing prior to transfer, among others. It also asks HEW to come up with a decent system of enforcing compliance with such federal laws. Because of the complex nature of the suit, it already has become a “paper nightmare," according to Holland, and a “paper war,“ according to Heritage House attomey Bob Eberhardt. THE PLEADINGS STAND some two feet high and the court hasn't decided jurisdiction yet. Perhaps one of the most damning affidavits filed so far is by Janice Jacobson, a former administrator of Heritage House. “Heritage House was filthy, cockroaches had infested the entire home (with the exception of the kitchen). The walls wene very dirty and an odor of urine permeated the air. “Flies were everywhere. They present a particular problem to those persons who are bedfast or paralyzed because they can't swat the flies from their faces or bodies. “Temperature controls were broken. Zone control valves which control the room temperature were corroded either open or shut so that the rooms were unbearably hot or cold. “INDIVIDUAL CARE PLANS are either totally inadequate or not existent." “Patients who had to be fed were degraded by impatient orderlies who constantly hurried them along faster than they could comfortably go on the pretext of there not being enough time to feed them." “Staff would get angry with people for having something wrong with them like uncontrolled bowels." “Lots of patients would never get dressed every day. The staff didn’t like to take the time to dress them. By keeping patients undressed a general institutional goal of keeping them in bed and more inactive was more readily achieved. “It was not uncommon for people who did get dressed to not be undressed but rather to sleep in their clothes. l received complaints from one family that one of the male patients there had the same clothes on for weeks. They knew because the same spot was on his shirt for three weeks." “Visitors and relatives often complained that their relatives or friends hadn't received baths or showers for weeks." “It was reported to me by nursing staff the director of nursing believed physical correction of resident misconduct was permissible and that she employed a technique of having persons she decided were misbehaving placed in cold showers." “The call button system at Heritage House often wasn't working and when it was, working staff very often didn't respond to calls. There was one incident while I was there where family members called in and said they heard their mother was dead. The nurse had to go down to the room to see if this was so. The woman had been dead for several hours." Mrs. Jacobson says, in her view, Heritage House was “warehousing people, not delivering health care." "Residents had no more rights than children and the official view was that the staff knew what was best for them and if the patients didn't think we were doing everything right or what they needed they could just leave." Management expressed this view often. “PATIENTS WERE KEPT tractable and quiescent by intimidation and medication. Encouraging people to be as normal as they can be is the essence of good nursing care. It was not done at Heritage House.“ In response, Heritage House attorney Eberhardt said the accusations are “totally untrue and completely without foundation. You can't cross-examine affidavits. The truth will come out in the trial. “ He also points to the affidavit of Allen Buckingham, regional director of the HEW office of Long Term Care Standards Enforcement. Buckingham stated his office never received any complaints concerning the allegations. Oscar Gross, former part owner and also a defendant, said he never would have been able to keep his license if the allegations were true. In addition, he said his home was the only home to provide a wing specifically for handicapped youths and he even received two awards from the wing. “We tried to do our best," he said. He also offered to take the News to the home to interview patients about conditions. He said his wife still visits patients. Gross sold the home in February and it now is under new management. Gross said he sold the home simply as “a business transaction.“ Before Michael Smith died last year, he testified at one hearing on the case. “He already felt he had won," recalled Mrs. Malpass.