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Home / Albums / ADA 1990 67
This is a collect of articles, pictures and videos related to the Wheels of Justice protest March 1990 with the Capitol Crawl AND on the passage of the Americans with Disabilities Act, ADA. It also includes the march from the White House to the Capitol, the Rotunda take over, and additional actions during that week of protests. Also included here is an interview with Tim Cook, the disability rights attorney who represented ADAPT on our transportation case ADAPT v Burnley.
- Tim Cook✽
- US_Capitol_Rotunda_part_2_cap
This is part 2 of the ADAPT Capitol Rotunda protest in support of the Americans with Disabilities Act, ADA. This shows the group preparing for civil disobedience to pressure swift passage of the bill. Over 100 people were arrested at this protest, which gets less attention than the Crawl but was equally intense. The film is open captioned (as are all videos on this museum site). - Rotunda part 1
This is part 1 of the story of the ADAPT protest in the Capitol Rotunda to call for passage of the ADA with no weakening amendments. The ADA had become bogged down in the House and there was concern the bill would not pass. The day after the Wheels of Justice March and the Capitol Crawl, ADAPT took over the Rotunda of the United States Capitol building and over 100 people were arrested protesting for our civil rights. This is almost raw footage and gives a real sense of the event as it unfolded. Part 2 of this action is included in the next video Capitol Rotunda part 2. - TimCookInterviewLL
1991 interview of disability rights attorney Tim Cook. A brilliant disability law expert Cook talks here about equality, ADAPT, education and institutionalization of people with disabilities. Tim died too young. - Capitol Crawl
This video covers part of the Wheels of Justice rally and then the Capitol Crawl that took place on the west (Mall) side steps of the US Capitol March 12, 1990. This action, in which hundreds of people with disabilities took part, was done to push the Congress to move forward on the landmark civil rights bill, the Americans with Disabilities Act, ADA. The ADA had stalled in Congress and the disability community rose up to say enough is enough. It was part of a several day action by ADAPT to move Congress to act. It was also the culmination of a massive national grassroots effort by organizations and individuals from every state and territory in the nation to call for an end to discrimination based on disability. It symbolized the struggle people with disabilities faced in dealing with the society's discrimination, and the strength and perseverance of people with disabilities in facing these obstacles. - With Liberty & Access For All
This is a short demo film by Linda Litowsky that tells about ADAPT and our first campaign for lifts on buses and passage of the Americans with Disabilities Act. It was made to promote a longer film she made so it ends abruptly. However it is a good overview of early ADAPT and has been used in many organizer trainings and presentations. - ADAPT (576)
LOS ANGELES TIMES WEDNESDAY, MARCH 14, 1990 Washington, DC Officers Arrest 104 Disabled Protesters Police in Washington said they arrested 104 disabled demonstrators who chanted slogans and chained their wheelchairs together in the Capitol in a demand for quick passage of a bill guaranteeing their civil rights. Those who could walk were handcuffed, and some were strapped into their wheelchairs by police. Those arrested were charged with two misdemeanors, unlawful entry and demonstrating within the Capitol police said. - ADAPT (575)
PHOTO (Tom Olin): A man (George Roberts) is seated at the bottom of the flight of stairs up to the Capitol building. His feet are cross and legs tense from CP. A couple of standing people are getting ready to assist him by lifting him up the steps, apparently one at a time; they each are holding one of his arms. Higher on the flight a woman and a child in light blue ADAPT shirts are heading up the steps. Still higher, a couple of men in suits are lifting a manual wheelchair (without a person in it) up the stairs. Still higher someone on a crutch is climbing the steps and someone else is crawling up by the railing in the middle of the stairs as a camera-man films. Still higher a few others are reaching the top of the flight of stairs. The white Capitol dome and building are set against the blue sky. - ADAPT (574)
The Tampa Tribune, Wednesday, March 14, 1990 PHOTO (Associated Press photograph): A man in a suit (Thomas Foley) is surrounded by group of women, some in wheelchairs, and others who are hard to make out in the darker background. One woman appears to be signing. The picture is very blurry. Demanding their rights House Speaker Thomas Foley meets with disabled protesters in Washington's Capitol Rotunda Tuesday. Later, police arrested 75 demonstrators who chained their wheelchairs together and chanted slogans demanding quick passage of a bill guaranteeing their civil rights. - ADAPT (573)
THE BOSTON GLOBE SATURDAY, MARCH 25. 1989 AN APPEAL FOR ACCESS PHOTO (Globe staff photo Wendy Maeda): A man (Mike Muehe) in manual wheelchair sits looking straight ahead, smiling. He wears glasses, short hear a jacket, and gloves. Beside him facing in the opposite direction is a woman (Sybil Feldman) in an electric wheelchair wearing a white hat or hood, a winter coat, and gloves. In her left hand she holds a large poster that covers her lap and reads "President Bush: Don't Appeal." The man and woman are clasping hands or give each other a fist bump. Caption reads: Demonstrators clasp hands during a vigil outside the Federal Transportation Department building in Cambridge yesterday. People with disabilities urged the Bush administration to let stand a US Court of Appeals ruling would mandate all public transit systems receiving federal aid to purchase vehicles that are accessible to disabled people. Similar demonstrations were held in 12 other cities. - ADAPT (572)
WHEN IS TOO MUCH: "Helping" the Disabled by Mary McKnew Just as airplane pilots want assurance that a plane's steering wheel won‘t come off while flying over Europe, people utilizing a bus wheelchair lift deserve to expect that the lift will operate in a safe and predictable manner. However, I have to admit that too much focus on “safety” issues has me a little worried. To some transit officials, “safety” issues in providing transportation services for people with disabilities raise old stereotypes of helplessness and can quickly become a rationale for imposing paternalistic policies. For example, here in Olympia, the local Intercity Transit Authority and the state's Department of General Administration are co-sponsoring a shuttle service between the capitol and downtown Olympia with routes passing other major states offices. With the local parking problem, this system is extremely convenient. From the beginning, all vans used in the service have been equipped with wheelchair lifts. All this, of course, is very commendable. So, what's the problem? Unfortunately, the van's tie-down system, lack of grab-bars and driver policies reflect a paternalistic attitude towards disabled passengers by promoting dependence in the name of safety. The tie-down system is one of the most primitive I have ever encountered. It uses straps to bind each of a wheelchair's four wheels to the floor in a rather intricate system that takes the driver approximately five minutes to accomplish. To tie-down a wheelchair, the driver must get on his or her hands and knees. Thus, it is not possible for even very mobile wheelchair users to accomplish this independently. However, once the straps are in place, none of the wheels will move even a centimeter. During this five minute routine, other van passengers wait outside (some glancing at their watches) until the driver folds the lift back in place and allows them to board. After being strapped down, the driver then will place a seat-belt around the wheelchair user. Seat belts are not available for other passengers. If the wheelchair user decides to reject use of a seat belt, the driver will attempt (sometimes loud) persuasion, finally telephoning into the office to report that the passenger has refused use of the belt. I use a wheelchair for mobility due to a low and incomplete spinal cord injury. I object to many of the features in the Intercity Transit system that, to me, are designed on the premise that people with disabilities will always need a lot of assistance from the driver. Although the driver should be trained and willing to provide assistance if it is requested, the system should be designed to promote maximum independence. Most tie-down systems can be easily manipulated by most wheelchair uses with finger movement. Although some wheelchair users need a seat belt due to problems with balance, drivers should not assume they are needed by all such passengers. A policy that requires a driver to phone in to report a passenger's rejection of the seat belt is founded on the belief that people with disabilities are incapable of making sound decisions regarding their own safety. Additionally, although grab-bars are located along the ceiling walls of other seats, none are available near the tie-down area. Thus, if the bus lurches while enroute, a wheelchair passenger has nothing to hold onto. I suppose this makes it more likely a wheelchair passenger will comply with the seat belt policy, recognizing that a passive restraint is better than none at all. Intercity Transit has been providing paratranslt services to people with disabilities for a number of years. They have moved into the provision of mainline transportation services (i.e., access to the regular bus service) only recently. It appears that they have simply shifted their operating policies and procedures from one system to the other without considering if these are applicable to the new service. I have brought my objections to Intercity Transit’s attention. Although the staff disagree with most, they are reconsidering others. Safety is a concern to people who use wheelchair lifts. However, we cannot allow it to become a convenient rationale for either eliminating the service or instituting restrictive policies that treat people with disabilities in a disparate manner from other passengers. PHOTO (by Tom Olin): A large crowd marches downhill on a wide street. In the front row a little girl in a wheelchair (Jennifer Keelan) is pushed by her mother (Cindy). Beside them a woman in a motorized wheelchair (Diane Coleman) and a long skirt and white jacket has a sign behind her reading "we the people." Beside her a man in a manual wheelchair (Bob Kafka) with a big salt and pepper beard rolls along. In the row behind, between Bob and Diane, is a woman in a wheelchair (Mary McKnew) and a man who walks (Lannie Schuman) are visible and next to them another man marches behind Diane. Behind Jennifer and Cindy is Tari Susan Hartman. Rows of marchers go further and further back up the street to the top of the hill and presumably beyond. Caption reads: Just to the right at the placard Washington residents Lannie Schuman and Mary McKnew participate in a San Francisco demonstration for transportation rights. ABOUT THE AUTHOR... In 1987, Mary McKnew tried to get arrested for the first time. She sat in front of a San Francisco police van and refused to move. She sat in her wheelchair directly under the wheels of a bus and refused to move. "I did many illegal things." she says wryly. What she did, she did in the name of accessible public transportation for people with disabilities... a personal and political quest McKnew has been following for the past 12 years. Although McKnew wasn't arrested at that demonstration (in spite of her civil disobedience efforts), many others were. More than 500 people organized by the American Disabled tor Accessible Public Transportation (ADAPT) marched through the streets oi San Francisco to the city hall to protest the continuing discriminatory policies supported by the American Public Transit Association (APTA). ADAPT has been a persistent thorn in the side of APTA for many years. Fortunately, their persistence paid off. With the final signing of the Americans With Disabilities Act (ADA) expected any day, ADAPT—- and McKnew — will see many of their demands for fair, accessible transportation become reality. But McKnew says that just because you pass laws doesn't mean you quit being an activist. "The ADA will bring private transit companies under regulations just like public ones," she says, "but just passing a law doesn't mean we solve the problem. implementation is a whole other thing." In part, McKnew was referring to the possibility that some private companies may reduce the seating capacity in some of their smaller vehicles in order to side-step the accessibility requirements mandated by the ADA. "What the ADA will do is provide a clear avenue for lawsuits," she says. Is McKnew planning on handling some of those lawsuits herself? It may be too early to tell. Currently an executive policy assistant in the Office of the Governor, McKnew is also a second-year law student at the University of Puget Sound. (This story continues in the original format on 571 but is included here in its entirety for ease of reading.) - ADAPT (571)
This is the continuation of the story in 572, and its text is completely included there, for ease of reading. - ADAPT (570)
Rocky Mountain News - Fri., July 27, 1990 Mayor vows action on accessibility law Pena says city will help businesses comply By Ann Carnahan, Rocky Mountain News Staff Writer Denver Mayor Federico Pena promised yesterday to help business owners comply with new legislation requiring them to make offices and stores accessible to the disabled. Facing a roomful of people in wheelchairs, the mayor said he would review the city's permitting system to eliminate “unnecessary obstacles” that owners could face in making modifications. “We don't want to be a stumbling block,” Pena said. “We are evaluating the full range of options available . . . everything from making adjustments to fees to making adjustments to other criteria we have.” A recent University of West Virginia study showed that the average job accommodation cost is less than $500, officials said at the press conference. President Bush yesterday signed into law a measure barring discrimination against 43 million Americans who are disabled or have AIDS. Within two, years, businesses must be made accessible to disabled workers and customers. Public accommodations must comply within 18 months. “There are going to be some in the private sector who will argue that this costs too much, that this is an unfair burden," Pena said. “I say we are losing money because we have . . . Americans who cannot participate fully in the economic life-stream of this country because our buildings are not accessible." Denver has a reputation among the handicapped of being one of the most accessible cities in the country, said Laura Hershey, director of the Denver Commission for People with Disabilities. Prior to yesterday, modification requirements applied only to federal programs, Hershey said. But in Denver, all public buildings constructed since 1983 must be accessible to the handicapped. High spirits marked the press conference yesterday in Pena’s office as the mayor congratulated the disabled who have lobbied many years for this legislation. “This is freedom. It's acceptibility,” said Sueann Hughes, who has multiple sclerosis. “For the first time in a long time, we don't have to worry about being discriminated against." Pena also outlined several other steps the city is taking to help the disabled: * Co-sponsoring - a conference on April 30, 1991, that will address the new law's impact on Colorado. * Examining the city's employment system to determine whether there are ways to recruit and hire more people with disabilities. * Stepping up the city's curb ramp construction program with increased funds under the bond issue projects. - ADAPT (569)
Disabled occupy House offices; 59 are arrested By Frank Wolfe and Sonsyrea Tate The Washington Times 3/15/90 About 300 disabled demonstrators from 40 states occupied two congressional offices and the House Judiciary Committee room in the Rayburn House Office Building for about five hours yesterday before Capitol Police began making arrests. The participants at times discarded wheelchairs and dropped to the floor in one representative's office as part of their demonstration for passage — without weakening amendments — of the Americans with Disabilities Act. Last night, 59 persons were arrested for unlawful entry when they refused to leave the building after the House ended its session about 8 p.m., Capitol Police said. The rest of the demonstrators left peacefully. Police, some wearing optional rubber gloves, carried the demonstrators out. The protest began about 3:15 p.m. when the activists, including 101 arrested Monday in the Capitol Rotunda, occupied the offices of Reps. Hamilton Fish Jr., New York Republican, and Bud Shuster, Pennsylvania Republican. Members of the group also occupied the meeting room of the Judiciary Committee, which is slated to consider the bill. It has passed the Energy and Commerce Committee by a 40-3 vote. But one of the amendments would make flexible the requirement that mass-transit authorities provide lift-equipped transportation for disabled people. Authorities could choose instead to provide “paratransit" services such as minivans. Protest leaders are concerned that such flexibility would lead to “segregated busing" in many states, said Mike Auberger, co-founder of American Disabled for Accessible Public Transportation and one of the protest organizers. Mr. Shuster was in a meeting of the House Select Committee on Intelligence yesterday afternoon and belatedly learned of the protest. Mr. Fish, ranking minority member of the House Committee on the Judiciary, offered his support for the bill with no weakening amendments and said he would use all measures available to him to defeat any such amendments, according to Ed Tessier, a quadriplegic who helped to organize the protest. Those assembled in Mr. Fish’s office then left. Later in the afternoon, demonstrators occupied Mr. Shuster‘s office, demanding to see the congressman and hoping to make it difficult for staff employees to leave. Mr. Shuster, a member of the House Public Works and Transportation Committee, acknowledged the demonstrators’ grievances and said the proposed transportation budget is severely lacking in money allotted for mass transit. “My heart goes out to them," the congressman told The Washington Times in a telephone interview. “I'm in a unique position. My mother was a double amputee in a wheelchair. I have more intimate experiences with the plight and problems of the disabled than perhaps any other member of Congress." The bill is slated for two other House committees, the House Committee on the Judiciary and the House Committee on Public Works and Transportation — committees the two congressmen sit on - before reaching the floor of the House. Mr. Shuster said that 100 percent federal mandate" wheelchairs would add 10 percent to the cost of buses and would provide “zero accessibility" for the thousands of disabled who need more comprehensive para-transit services, such as the minivan to transport them to bus stops. "This is a feel-good bill," he said. “There is no money accompanying the bill to pay for the costs it is proposing." He cited New York City, where he said there is, on average, one wheelchair rider per 19 buses, as an example of the need for a mix of lift—equipped buses and paratransit services. If there is a federal mandate on lift-equipped buses, he said, there would be a reduction in services for handicapped riders and for the general public. - ADAPT (568)
METRO Magazine March/April 1991 This article is on 568, 555,551 and 547 and is included here in its entirety for ease of reading. Disabilities Act Forces Sweeping Transit Changes Public, private operators must comply with new ADA law. Uncle Sam hustles to fine tune countless provisions. By Lenny Levine The Americans with Disabilities Act (ADA) will force sweeping changes on the transit industry, both public and private, and the battle to implement it is just being joined. When President Bush signed ADA into law last July shortly after overwhelming approval by Congress, it was the culmination of a decade-long struggle by advocates for the 43 million handicapped Americans and others to provide equal access for the disabled. The law affects transit buses, passenger trains, motorcoaches, stations and how the people who run them do business. Much is known about the law. Indeed, many in transit have long anticipated its provisions and made pieces of their operations “accessible,” the operative word. More, however, is not known. A slew of federal agencies is tuning the law. The name of the tune will unfold with time. What is known is this: Public agencies must make accessible all new vehicles purchased after last Aug. 25. Transit systems buying used vehicles must demonstrate “a good faith effort" to get accessible vehicles. Agencies that remanufacture vehicles to extend their life at least five years must make them accessible. All criteria, much of which has yet to be spelled out, must be implemented regardless of cost. All that also applies to private operators contracting with public agencies. There is some wiggle room, however. Waivers may be obtained in certain cases. That, too, will be spelled out as ADA is further refined. Motorcoach operators have more wiggle room, years of it. ADA says small private operators have six years after enactment of the law to become accessible, large operators, seven. But there begins the bureaucratic snafu. “What ‘small’ and ‘large’ mean haven't even been defined for us yet," said Steve Sprague, vice president for governmental affairs of the United Bus Owners of America (UBOA). He said “large” will probably be defined as Interstate Commerce Commission Class I operators. But the definition is a long way off. That definition — and countless other details that will govern the motorcoach industry —— will come from an old friend of bus folk. It is, ta da: THE STUDY. ”The study was mandated by ADA to govern the motorcoach industry. It is to be conducted by a broad-based committee of government, industry and technical people and advocates for the disabled over three years. Then the secretary of transportation reviews it for a year, and public comment is collected after that. Problem is, the study’s birth is overdue, wrapped up in Washington's womb of bureaucracy. Sprague, a member of the study’s committee, explained the delay like this: The committee is to be set up by the Office of Technology Assessment (OTA), an arm of Congress. OTA has never conducted such a study. And Congress has not yet given OTA money to do the study, although “the powers that be at OTA are trying to get the money." Sprague predicted the end result of the study will be that “overall, access must be provided for the disabled" by private operators. That could take many forms, Sprague said: There could be a subsidized pool of over-the-road vehicles regionally; the public fleet could be subcontracted to private operators; and, of course, private operators could make their vehicles accessible, one way or another. QUOTE highlighted from text: "It's a good thing we were given time to get things done" —Steve Sprague Charter law prevents public agencies from doing charter business if private charter buses are available, Sprague said, and it will remain so, for now. And there’s still the definition of what “access” means. UMTA is drafting rules and regulations. And the federal Architectural and Transportation Barriers Compliance Board has been holding hearings around the nation and must publish a final rule by April 26 on access to buildings and terminals, but not buses. In the meantime, while waiting for the federal government to define "access," Sprague said the secretary of transportation cannot demand wheelchair lifts on motorcoaches, but can only say buses must be accessible; that could be lifts, ramps or free assistance in boarding. “So it doesn’t necessarily mean there will be a bunch of new lifts," Sprague said, “because the secretary could not demand physical changes in equipment while the studies are under way. He can just say, ‘Don't discriminate.”’ With all the expected changes due, Sprague said, “It’s a good thing that we were given time to get things together.” If private operators have a few years to get things together, public transit agencies face Armageddon July 26. That’s when UMTA publishes a final rule on access. The notice on the rule will be published in March, said Richard Centner, UMTA director of public affairs, and there will be 60 days for public comment. Included in this complicated rulemaking process is input from federal agencies previously mentioned, plus the Federal Railroad Administration, Justice Department and other agencies within the Department of Transportation. An interagency task force has been formed, Centner said, to make sure all segments of the bureaucracy are on the same track. APTA recently was cosponsor of a seminar on accessibility, and is collecting data. For more information, phone Deborah Dubin at 202/ 898-4098. Transit agencies around the nation have long been providing service to the disabled, be it with paratransit, demand-responsive service or accessible buses. Some were doing it before ADA became a buzzword, others in anticipation of it. The Rapid Transit District in Los Angeles, for example, recently celebrated a decade of accessible service to the disabled. In 1974 the RTD became the first transit agency in the nation to begin buying all new buses with wheelchair lifts. “Today, 97 percent of RTD’s bus fleet of more than 2,600 buses are equipped with a wheelchair lift, and in the next couple of years the entire fleet will be lift equipped," said RTD General Manager Alan F. Pegg. Three percent, or 40,000, of RT D’s 1.3 million daily riders are disabled. Wheelchair boardings average 400 a day. In 1986 half the proceeds from a San Francisco Muni senior citizen fare increase were earmarked for paratransit. In 1989 San Francisco voters followed the lead of other voters in the area and approved a local sales tax increase for transportation, with eight percent of it set aside for paratransit. The Toledo Area Regional Transit Authority in Ohio recently began a program to help visually-impaired bus passengers. Cards are provided displaying the passenger’s bus route in a number large enough for a driver to see. The Central Ohio Transit Authority and a local group will share a $42,000 grant from Project ACTION to create and demonstrate cooperative methods for improving accessible public transportation. A local steering committee has proposed: mobility fairs where passengers can get training in using lifts; training for drivers; tapes to train passengers to become independent when using the transit system; and hosts and hostesses on the agency’s 41 new lift-equipped buses to help new riders. In addition to changing the face of transportation, ADA is also spawning a host of products. New wheelchair lifts and securement devices are only the beginning. One new product, Luminator’s large-format GTI Matrix Sign, is nearly double the size of the company’s MAX sign system. The new system has 16 rows by 112 columns and can display characters 9.5 inches high on a single-line message or two lines of characters 4.1 inches high. Luminator, of Plano, Texas, promotes the system as beneficial to riders who have limited vision. Remember ADAPT? “We've gotten everything we wanted in public transit,” said Wade Blank, founder of a group called ADAPT. Blank’s group was a driving force behind ADA and he and his colleagues have been a fixture for years demonstrating at APTA conventions. “I missed the intrigue of this year's convention," Blank admitted. ADAPT is still active in the rulemaking process for buses and trains, working with UMTA on an advisory task force.... Blank said, though, there is still some work to be done in the private sector. He said he is negotiating with Greyhound to allow a wheelchair on its buses instead of stowing the wheelchair and having an attendant put the wheelchair passenger in a regular bus seat. Blank also noted that it might not cost much more to build all buses from scratch with wheelchair lifts. He said, “We have agreed to accept the regulatory process and accept the five or six years" it will take to implement ADA for private operators, but “we really don't need five or six years. "The writing is on the wall." Although Blank may miss the intrigue of bus conventions, his group is taking on a new public giant. The group has changed its name from Americans Disabled for Accessible Public Transit to Americans Disabled for Attendant Programs Today. ADAPT is tackling the nursing home industry, which Blank said gets $19 billion yearly from Medicaid. Blank would take S5 billion of that and put attendants in homes of the elderly to care for them, thus keeping them out of nursing homes. Many questions remain on implementing ADA They involve more than just making buses and trains accessible to wheelchairs. Are elderly people, for example, considered “disabled?” There will be detailed regulations devised to accommodate the blind and the deaf. That could include special markings on vehicles and terminals. Route signs, handrails and fare boxes must be “accessible.” What about securement devices? And ADA specifies new employment provisions. Beginning July 26, 1992, employers with 25 or more employees cannot discriminate against qualified people with disabilities in job application procedures, hiring, promotion, firing, pay and job training. The employer must also make “reasonable accommodation" to disabled workers such as making existing facilities accessible, job restucturing, part-time or modified work hours and the provision of qualified readers or interpreters. On July 26, 1994, the provisions extend to employers with 15 or more workers. Transit people “are concerned about implementing ADA without cutting service," said an industry insider. “People candidly ask what will happen it they don’t (implement ADA)? lt will be a given there will he a lot of lawsuits if they don't, but we're all working together on this." "... in the next couple of years the entire fleet will be llft equlpped." -- Alan F. Pegg PHOTO: Close up of Wade Blank. He is wearing tinted, wire-rimmed, round glasses and his long hair falls from the part in the middle of his head. Caption reads: Blank. PHOTO: Close up on sign on the front of a bus reads "FLXIBLE" and an access symbol on one side. Caption reads: Luminaior's new matrix sign with letters 9.5 inches high is easier to read for passengers with vision problems.