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Cincinnati Enquirer 5/28/86

Disabled protesters released on promise to leave city

by David Wells, The Cincinnati Enquirer

Leaders of last week's disabled rights protests of Cincinnati left jail four days early Tuesday after Municipal Judge J. Howard Sundermann agreed to reduce their sentences.

Last Friday, Sundermann sentenced Robert Kafka of Austin, Texas, George Cooper of Dallas and Michael Auberger of Denver to spend 10 days in jail for disorderly conduct. The judge gave each man credit for two days already served, but said they would have to remain incarcerated until this Friday.

He modified those sentences Tuesday, saying the medical condition of at least one man seemed to be deteriorating and all three promised to leave Cincinnati if released.

The men are members of American Disabled for Accessible Public Transportation (ADAPT). They came to Cincinnati last week to demonstrate against the American Public Transit Association, which was holding a convention at the Westin Hotel. The group also demonstrated against Queen City Metro in an effort to get the company to include wheelchair lifts on all new buses.

The rest of 17 protesters arrested last Wednesday with Auberger, Kafka and Cooper were released by Friday, but Sundermann said the three leaders deserved more severe sentences than the others because they disobeyed an earlier court order.

The three first were arrested for disorderly conduct May 18 during a demonstration against Queen City Metro at Government Square. They were released on bond and told to stay out of Cincinnati until their trials.

Sundermann modified that order last Wednesday morning, saying the men could rejoin the ongoing protests as long as they did not break any laws. Within three hours, Kafka, Auberger and Cooper were rearrested, accused of blocking the Fourth Street entrance to Metro headquarters by chaining their wheelchairs together.

“They apologized for that this morning," Sundermann said. “They said they just got caught up in the spirit of the protest.”

Sundermann agreed to reduce the sentences on a motion from defense attorney Joni Wilkens, who noted that Auberger had been taken to University Hospital Sunday because of a recurrent medical problem related to his disability.

Assistant City Prosecutor Charles Rubenstein did not object to the reduction of the sentences.

All three men are confined to wheelchairs, and Wilkens said she was afraid continued time in jail might impair their health.

After leaving jail Tuesday, Kafka said the three “felt we had made our point and raised awareness (of) the problems of the disabled."

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