IndependenceFirst - Action News January 2005

Action News January 2005

January 2005, Issue 85

Table of Contents

Advocacy
Federal/National
Wisconsin
Local
Internet
Opinion
Events and Announcements

National Birth Defects Prevention Month
Cervical Cancer Screening Month
Glaucoma Awareness Month
January 18 – 24, Healthy Weight Week

Monthly News Bulletin Published by IndependenceFirst

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Advocacy

Elaine Wilson, Beat Disability, Discrimination
by Derrick Henry
The Atlanta Journal-Constitution
Distributed online

To gain her freedom took Elaine Wilson 36 stays in mental institutions, stretches of being homeless, a protracted lawsuit against the state of Georgia and a date with the U.S. Supreme Court.

She was a plaintiff with Lois Curtis in L.C. and E.W. v. Olmstead, seeking release from Georgia Regional Hospital. Atlanta Legal Aid Society represented the women against Georgia Department of Human Resources Commissioner Tommy Olmstead.

In 1997, Senior U.S. District Judge Marvin H. Shoob ruled that arbitrarily denying the women a community-based life amounted to segregation of people covered by the Americans with Disabilities Act. On June 22, 1999, the U.S. Supreme Court upheld that ruling.

"To people with disabilities, this case is as significant as Brown v. Board of Education was to people of color," said Mark Johnson, Director of Advocacy for the Shepherd Center.

Elaine Beverly Wilson, 53, of Atlanta died December 5th at Grady Memorial Hospital of heart and lung problems. In 2000, Judge Shoob accepted a settlement that the state would guarantee the women community-based housing, training programs and employment.

At that hearing, Ms. Wilson testified to Judge Shoob: "When I was in the institution, I felt like I was in a little box and there was no way out."

Once Ms. Wilson was placed with a caretaker and given independence, her life changed dramatically.

"She blossomed," said Legal Aid attorney Sue Jamieson of Atlanta, who took on the case in 1995. "She took an interest in cooking and church and her personal appearance. She wanted to do advocacy for other people so she acquired training in presenting workshops and giving speeches.

"She developed a PowerPoint presentation that described her life. When I heard it, I was extremely moved. I had no idea that Elaine had acquired that level of sophistication. She had exploited her natural skills and abilities to a degree I would never have believed possible. It makes you wonder how many other people like Elaine are out there."

Opinion

Submitted by Patrick Blum, Housing Specialist, IF

Many situations in life are never simple. Much of life is complicated and sometimes quite overwhelming. For people with physical and mental disabilities, life can even be quite unfair. So many low-income, disabled people have legal issues that for whatever reason, need to be rectified and yet, Legal Aid and Legal Action are overworked and underfunded. Where are the lawyers who will work on a sliding scale or pro bono? Greed, arrogance and avarice within our society is appalling when we allow the "bottom line" to get in the way of what is just, right or ethical. No one should have to face a legal issue without help, without so much as just a friendly answer to a legal question; where are those with decency and goodwill when people need help? Power corrupts, money corrupts and society stands back and puts on "blinders" to it all. I am sick and tired of hearing the excuses why those in positions of power and ability will not reach down to assist someone who doesn't have the financial statue to fatten the wallets of those at the top. Our society is sick and its priorities are completely out of whack and its concern for others is a mere pittance to what is truly needed. We wonder why so many people act out against others, we wonder why so many commit suicide or become addicts or worse. Where are the so called ethical standards? Where is the assistance that people need? Is it all talk? Is it all smoke and mirrors? It this the best we can do? Think about it. Peace.

Federal/National

NCIL Announcement

On behalf of the Board of Directors and Staff of the National Council on Independent Living (NCIL) we are pleased to announce that John Lancaster has accepted the position of Executive Director of NCIL, headquartered in Washington, DC.

John brings to NCIL an outstanding background in disability issues, working nationally and internationally as an advocate on behalf of people with disabilities.
John is a strong leader; an attorney and long time disability advocate who has played a significant role in developing disability law and policy. Most recently John was Vice President with the Viet Nam Enterprise Group providing technical assistance on issues and programs related to business, law and people with disabilities in Viet Nam. Prior to that he was Director of the Office of Disability Technical Assistance for a non-governmental organization, Viet Nam Assistance for the Handicapped. Agency Urges Changes to Disability Act

By EILEEN PUTMAN, Associated Press Writer
Distributed online

An independent federal agency wants President Bush to propose changes in the nation's landmark disability act, citing Supreme Court decisions it says have reduced the status of disabled people "to that of second-class citizens."

The National Council on Disability, which advises Congress and the president, said in a report that legislation is needed to restore the original intent of the 1990 Americans with Disabilities Act.

The council proposed an "ADA Restoration Act," which it likened to the Civil Rights Restoration Act of 1987, passed by Congress to broaden the civil rights law enacted two decades earlier.

Specifically, the council said Congress should bar discrimination against anyone "on the basis of disability," a change from the current wording, which bars discrimination "against an individual with a disability." The latter wording tends to be narrowly construed and has often resulted in judges trying to decide whether someone actually has a life-altering disability and thus qualifies for protection, the council said.

The 1990 law signed by Bush's father was intended to ensure equal rights for the disabled and has brought a host of changes in workplaces, transportation, communication and other aspects of American life. Among other things, companies must make reasonable attempts to accommodate workers with physical impairments, while buildings, transportation and other public facilities must be accessible to all.

The council cited "negative court decisions" that have narrowed or cut back the influence of the law. The cases include:

-Sutton v. United Air Lines Inc., 1999. The Supreme Court found that severely myopic twins who had unsuccessfully sought pilot jobs with United Airlines were not actually disabled because their vision could be corrected by eyeglasses.

-Toyota Motor Mfg. v. Williams, 2002. The Supreme Court said a Toyota assembly line worker with carpal tunnel syndrome, fired because of her poor attendance record, was not entitled to protection under the disability act because it was not clear that she had substantial impairment of "any major life activity."

-The court used a similar rationale in a 1999 case, Albertsons Inc. v. Kirkingburg, in which a driver for Albertsons was erroneously certified as meeting visual standards for truck drivers; when the error was discovered, Albertsons fired him and refused to rehire him even after he obtained a waiver from the standards. The court ruled the driver had not shown the alleged disability affected a major life activity.

-Murphy v. United Parcel Service, 1999. The high court ruled against a UPS mechanic who was fired because his blood pressure exceeded health guidelines. The man had challenged his firing on grounds his high blood pressure was a disability, but the Supreme Court disagreed because the man could function normally with the help of blood pressure medication.

John H. Hager Assumes Duties as Assistant Secretary for OSERS

John H. Hager, the former lieutenant governor of Virginia, has been sworn in as assistant secretary for the U.S. Education Department's Office of Special Education and Rehabilitative Services (OSERS). The Senate confirmed Hager for the post before its Thanksgiving recess.

In his new position, Hager will lead the office that administers federal special education programs for America's 6.8 million children and youth with disabilities. His office also promotes employment opportunities for adults with disabilities and sponsors research to improve the lives of individuals with disabilities of all ages. Hager's service career has included numerous leadership roles with a number of disability organizations.

Wisconsin

Senate Republicans Elect New Majority Leader

Wisconsin Senate Republicans elected Senator Dale Schultz (R-Richland Center) as the new Senate Majority Leader. Senator Schultz beat interim Senate Majority Leader Scott Fitzgerald (R-Juneau), who was elected only two months ago in September.

Senate Democrats Elect New Minority Leader

Senator Judy Robson (D-Beloit) was elected as the Democrats new Senate Minority Leader, replacing Senator Jon Erpenbach (D-Middleton) who announced he was stepping down.

Assembly Republicans Re-Elect Speaker Gard and Elect New Majority Leader

Assembly Republicans re-elected Speaker John Gard (R-Peshtigo) and elected Rep. Mike Huebsch (R-Onalaska) as the Assembly Majority Leader (the number two position in the Assembly). Rep. Huebsch replaces the retiring Rep. Steven Foti (R-Oconomowoc) as Assembly Majority Leader.

Assembly Democrats Re-Elect Leadership

Assembly Democrats re-elect Rep. Jim Kreuser (D-Kenosha) as their Democrat Minority Leader.

2005-07 LEGISLATIVE LEADERSHIP

Assembly
Speaker: John Gard (R-Peshtigo)
Speaker-Pro Temp: Stephen Freese (R-Dodgeville)
Majority Leader: Michael Huebsch (R-Onalaska)
Asst. Majority Leader: Jeff Fitzgerald (R-Beaver Dam)
Majority Caucus Chair: Daniel Vrakas (R-Hartland)
Minority Leader: Jim Kreuser (D-Kenosha)
Asst. Minority Leader: Jon Richards (D-Milwaukee)
Minority Caucus Chair: Robert Turner (D-Racine)

Senate
Majority Leader: Dale Schultz (R-Richland Center)
President: Alan Lasee (R-DePere)
Asst. Majority Leader: Mary Lazich (R-New Berlin)
Majority Caucus Chair: Ron Brown (R-Eau Claire)
Minority Leader: Judy Robson (D-Beloit)
Asst. Minority Leader: Dave Hansen (D-Green Bay)
Minority Caucus Chair: Jeff Plale (D-South Milwaukee)

Taxpayer Bill of Rights (TABOR)

For those of you who are interested in getting more information on TABOR, this newly published report will interest you. Here's the link to the newly published report from the Institute for Wisconsin's Future, Exposing the Wisconsin "Tax Hell" Hoax: Why Spending Caps on State and Local Government are Wrong for Wisconsin." It can be downloaded in PDF format from http://www.wisconsinsfuture.org/publications/taxes/TaxHellHoax.pdf. It is 25 pages long.

Local

Milwaukee’s New E-Service

Milwaukee.gov provides a convenient way for Milwaukee businesses and residents to request almost any City service online.

Garbage Pickup & Sanitation Services including garbage and litter in the area, new or replacement garbage carts, problems with your garbage pickup or special garbage pickup for oversized items Street, Sidewalk & Sewer Services including broken down and hanging branches, damaged streets lights and signs, dead animals on street, snow removal, street and sidewalk maintenance, street or alley cleaning, trees and bushes obstructing the sidewalk Neighborhood Services including animal control, building disrepair, residential other environmental health concerns, pest control, privately-owned tree or planting Nuisance Complaints including report garbage and litter nuisances on commercial property or residential property, illegally parked and abandoned vehicles, weeds on lawns Your request will be routed to the appropriate City department for action. You also can check the status of previously entered Web requests through this application.

Kindcare Easter Seals Announcement
(edited press release)

We are happy to announce that the Board of Directors of Kindcare and Easter Seals have agreed to merge our two organizations effective January 1, 2005. Both agencies see this as an opportunity to create a values-based, mission driven and financially sound organization. We ask for your support and trust as we embark on creating this new agency from the proud traditions of Easter Seals and Kindcare.

As a sign of our truly coming together, all the Board of Directors from the former agencies have been invited to join the new board. We have named Bob Glowacki as the new Executive Director of Easter Seals Kindcare, who has been serving as Kindcare’s Executive Director. We believe his energy and commitment, along with our talented management team will help us as we integrate our agency and allow for future program growth.

We encourage you to attend our Kick-Off Event on Thursday, February 3, 2005. We will be able to answer questions, share the history of our two organizations and celebrate the work of Easter Seals Kindcare of Southeastern Wisconsin. If you have any questions or concerns, please contact Bob Glowacki at 414-571-5566, ext. 405.

ADA

Justice Department Announces Settlement Of Litigation Against Cinemark USA, Inc.

DOJ Press Release The U.S. Justice Department announced the resolution of a lawsuit against Cinemark USA, Inc. filed under the Americans with Disabilities Act (ADA). The suit challenged Cinemark’s construction of stadium-style movie theaters that fail to provide persons who use wheelchairs with a comparable line of sight to that of the general public. These theaters often required wheelchair users and their companions to sit at the very front of the theaters directly under the screen.

The consent decree will dramatically improve the movie-going experience for people who use wheelchairs and for their companions at Cinemark stadium-style movie theaters across the United States. Under the decree, all future construction of Cinemark theaters will be designed in accordance with plans approved by the Justice Department with wheelchair seating near the middle of the auditorium.

Under the agreement, Cinemark will also make changes to existing theaters. It has agreed to move wheelchair seating further back from the screen in over 100 auditoriums in 14 existing complexes within the Sixth Circuit, and in theaters located elsewhere as well. In addition, Cinemark will add wheelchair spaces and companion seats in dozens of theaters across the country, allowing persons using wheelchairs and their companions to sit shoulder-to-shoulder next to each other on the same level like other patrons, and to enjoy unobstructed views.

The Justice Department filed suit to enforce the ADA in March 1999 in federal court in Cleveland, Ohio. The suit was based upon private complaints filed with the Justice Department.

People interested in finding out more about the ADA can call the Justice Department’s toll-free Information Line at (800) 514-0301 or (800) 514-0383 (TDD), or access the ADA homepage at: <http://www.ADA.gov>

Internet

Time Saving Google Tips
Submitted by Paulette Bartledt, IF I&R Specialist

Did you know you can use reverse look up through Google? To use reverse look up you can simply type in the phone number with area code (414) 291-7520 and it will find numbers not only in the phone book but if that number is listed on another web site as a resource.

Did you know you can use Google to get maps without all the hassle of going to Mapquest and filling out the form?

Simply type the address you are looking for in the Google search fields on the Google site or in the Google tool bar if you have it. And hooray it will find the address if available on Mapquest for you.

Bad speller? Me too. Google has a built-in spell checker. If you have misspelled the word, you know one of those words you’re really stuck on and it isn't coming up in spell checker in MS Word? Try Google, it will often come back to you saying "Did you mean?" and then list the correct spelling.

Disability Community Voter Preference Survey

The UCLA Center for Neighborhood Knowledge, in collaboration with the Westside Center for Independent Living, is conducting an online voter preferences survey to try to better understand the reasons people with disabilities voted in the recent presidential election. The link below goes directly to the survey:

http://lila.ucla.edu/Master.cfm?Content=Survey&SubContent=Survey_View.cfm&LILA_SurveyID=2

Prescription Drugs

Prescription drugs can be expensive, even if you have insurance coverage. But there are medicines that can effectively meet your medical needs and give you better value for your health care dollar. Consumer Reports Best Buy Drugs is a free public education service from the nonprofit Consumers Union, publisher of Consumer Reports. Millions of Americans trust Consumer Reports to provide expert, independent information about products and services, and to help them save money.

The information on this website can help you learn about more affordable drug treatment options to discuss with your physician. They work with respected doctors and pharmacists to compare drugs and point you to those that are proven to work based on current scientific evidence. In concise, easy-to-read reports, we tell you what you need to know about the effectiveness, safety and cost of many widely used prescription drugs. http://www.crbestbuydrugs.org/

Events and Announcements

Summer Transportation Internship

The Summer Transportation Internship Program for Diverse Groups is an important part of the U.S. Department of Transportation's effort to promote the entry of women, persons with disabilities, and members of diverse groups into transportation careers. The internship program offers interns a 10-week agenda of transportation research, work experience, and field trips to introduce them to the many aspects of the complex field of transportation. Each intern may have the opportunity t

    * work at the U.S. DOT in a selected modal administration, in either Washington, D.C., or in selected field offices around the country,

   * participate in field trips to transportation related organizations and facilities,

* discuss current transportation issues with key officials,

* participate in and attend workshops, seminars, and field trips based on assignment and location, and

* prepare a written report and make an oral presentation at the end of the internship.

During the program, interns will reside in the Washington, D.C., area or selected field locations. Travel expenses to and from each student's home to his/her assigned duty location and temporary housing accommodations will be provided to interns whose work assignment location is more than 50 miles (one-way) from their residence. As this is a paid internship program, interns will receive a bi-weekly stipend. Applications must be received on or before February 28, 2005. Please see http://www.fhwa.dot.gov/education/stipdg.htm for additional information and application materials.

Lion's Develop Hearing Aid

Responding to a worldwide problem, the Lions Affordable Hearing Project (AHAP) has developed a low cost, high quality hearing aid. Approximately 150 Million people have a serious hearing loss that interferes with basic communication, education and employment. The cost of quality hearing aids (frequently over $2,000 in US dollars) has made hearing improvement out of reach for low-income people in countries like the United States, but even more so in poorer, developing countries.

The low cost hearing aid is only available through Lions Clubs in partnership with audiologists. As of October 2004, more than 600 people in Mexico, India, Michigan and Washington have been fitted with the AHAP hearing aid.

For more information contact your local Lions Club or see Lions Club International Fact Sheet: http://www.lionsclubs.org/EN/content/lcif_hearingaidfactsheet.stm

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