Print Friendly VersionJanuary 2007, Issue 109
FEDERAL/NATIONAL
WISCONSIN
LOCAL
ADA/FAIR HOUSING
ON THE WEB
ANNOUNCEMENTS
HAPPY BIRTHDAY, ED!
Ed Roberts "The Father of Independent Living"
January 23, 1939 - March 14, 1995
In the late 60's and early 70's, the University of California at Berkeley was nationally known as the home of radical politics and progressive social movements. Mario Savio and the 1964 free speech movement set the tone and developed the model for the movements that followed, such as the Yippies and the Black Panthers, particularly influencing campus anti-war movements and tactics for student involvement in ethnic and racial social movements.
Many students took note and developed progressive movements to benefit various causes. Among the students on the Berkeley campus was Ed Roberts. The university hesitated to admit Ed, as he was severely disabled from polio, which he contracted as a teenager. He had virtually no functional movement and was dependent on a respirator to breathe.
The university reluctantly admitted Ed in 1962 and arranged for him to live in the campus medical facility, Cowell Hall. His brother, also a student, served as an on campus personal assistant, often pushing Ed from class to class in an old manual wheelchair.
Ed was accustomed to rejection. A year earlier, in 1961, the state vocational rehabilitation agency refused to serve him, as he was considered too severely disabled and labeled “unemployable.” That decision was later overturned. One of the many ironies of Ed's life was that fourteen years later, in 1975, Governor Jerry Brown appointed Ed as state Director of the same agency that deemed him too severely disabled to ever work.
The following year, 1962, John Hessler, severely disabled secondary to a spinal cord injury, began attending Berkeley and living in Cowell Hall. Others followed, and evening and late night talks evolved to developing advocacy strategies to live independently on campus and in the surrounding community with necessary supports.
Ed's leadership skills emerged and he took lessons from other campus movements to start the independent living and disability rights movements for persons with disabilities. Ed was quick to grasp that the struggle for independence was not a medical or functional issue, but rather a sociological, political, and civil rights struggle. Additionally, Ed's involvement with Gini Laurie's Toomey J. Gazette (later named the Rehabilitation Gazette) clarified that credible information and new, innovative ways of managing life with a severe disability were best taught by peers with similar disabilities. Gini's publications were essentially forums for people with polio - and various other disabilities - to share how they managed their lives and maintained their productivity with severe disabilities. The roots of the independent living model can clearly be traced to influences from the civil rights movement and the peer support model associated with Gini Laurie's Rehabilitation Gazette.
In the late 60's and early 70's, Berkeley students with severe disabilities were organized into a group known as “The Rolling Quads.” Led by Ed, they began exerting pressure on the university to become more accessible and began seeking funding to develop a student organization to work for barrier removal and support services, including personal attendant services for students with disabilities to live independently while attending school.
In a communication to Gini Laurie in 1970, Ed stated the following, “I have begun a consultation business for anyone needing help with problems with cripples. I've consulted with Health Education in Washington, DC, about programs for cripples in higher education, help secured $80,000 grant for UC Berkeley program run by cripples for the education of cripples. I brought John Hessler in as director. He is doing a magnificent job. Would you like to hear more? I believe no other consulting firm like this exists in the country.”
He continued, “I'm tired of well-meaning non-cripples, with their stereotypes of what I can and cannot do, directing my life and my future. I want cripples to direct their own programs and to be able to train other cripples to direct new programs. This is the start of something big -- cripple power.”
Ed Roberts was starting a self-help movement that would radicalize how people with disabilities perceived themselves. He did it for himself and then began laying the groundwork for the rest of us. Independence and rehabilitation have not been the same since, and will never return to the archaic notions which perceived people with disabilities as passive recipients of charity, unable to self direct their lives.
After establishing the campus organization, Ed and others realized the need for an off-campus, community-based organization. In 1972, with minimal funding, the Berkeley Center for Independent Living (CIL) was started. The core values of the Berkeley CIL - dignity, peer support, consumer control, civil rights, integration, equal access, and advocacy - remain the heart of the independent living and disability rights movements. Today, CILs exist throughout the country, funded with a mix of federal, state, local, fee for service, and private money.
In the mid-70's, newly elected governor Jerry Brown appointed Ed as Director of the state rehabilitation agency. In his position he was able to influence the establishment of many new CILs throughout the state. He served as director for eight years. Source: http://www.ilusa.com/
FEDERAL/NATIONAL
PATIENTS' RIGHTS RULE ON USE OF RESTRAINTS & SECLUSION
Health care workers who employ physical restraints and seclusion when treating people must undergo new, more rigorous training to assure the appropriateness of the treatment and to protect patient rights, according to a regulation published in the Federal Register by the Centers for Medicare & Medicaid Services (CMS).
The regulations set forth, as a condition of participation in the Medicare and Medicaid programs, the expectation that health care facilities will protect the rights of patients. The requirements apply to all participating hospitals, including short-term, psychiatric, rehabilitation, long-term, children's and alcohol/drug treatment facilities.
To address concerns about the improper use of restraints and seclusion, the final regulation strengthens the staff training standard and specifies components of the training. The rule also expands the category of practitioners who may conduct patient evaluations when a restraint or seclusion tactic has been implemented.
The basic rights specified in the regulation include a patient’s right to notification of his or her rights in regard to their care, privacy and safety, confidentiality of their records, and freedom from the inappropriate use of all restraints and seclusion, in all hospital settings. The regulation will become effective on February 06, 2007.
Source: CMHS Consumer Affairs E-News
SENSENBRENNER/HOYER INTRODUCE BIPARTISAN LEGISLATION RESTORING AMERICANS WITH DISABILITIES ACT PROTECTIONS
House Judiciary Committee Chairman F. James Sensenbrenner, Jr. (R-Wis.) and House Minority Whip Steny H. Hoyer (D-Md.) have introduced bipartisan legislation that would restore protections for Americans with disabilities under the Americans with Disabilities Act of 1990 (ADA). H.R. 6258, is titled the “Americans with Disabilities Act Restoration Act of 2006.”
Background: Replacing “against an individual with a disability” with “on the basis of a disability” harmonizes the ADA with the Civil Rights Act of 1964 and other civil rights laws that prohibit discrimination “on the basis of race, color, religion, national origin, and sex.”
Prohibiting discrimination “on the basis of a disability” will enable individuals utilizing the ADA to focus on the discrimination that they have experienced rather than having to prove that they fall within the intended scope of the ADA. This phrase presumes that an individual is a member of the protected class if they are disabled, which the current language – “against an individual with a disability” – does not.
Source: Press Release
CONGRESS AIMS TO FIX JOB PROGRAM
Congress is moving to overhaul the nation's leading job program for Americans with severe disabilities amid an investigation of financial fraud at its top contractor and the discovery of violations at other charities.
A Senate committee is drafting bipartisan legislation to overhaul the $2 billion-a-year Javits-Wagner-O'Day program, while the government agency that oversees it has already enacted some reforms and intends to propose tougher measures in coming months to protect taxpayers and the program's 48,000 workers from abuses.
The program was designed to create jobs for persons who have disabilities. The changes follow an investigation published in March by the newspaper, The Oregonian, of Portland, Ore., which reported skyrocketing executive pay at major charities in the program at the same time they increasingly hired workers with only mild disabilities or none at all.
Since then, the former president of a Texas charity that was the federal program's top contractor has come under criminal investigation. His nonprofit has sued him for $30 million, alleging embezzlement.
The presidentially-appointed committee that oversees the program has adopted a new strategic plan that calls for accountability. It also launched audits to determine whether other big charity contractors were using enough workers with severe disabilities to qualify for the government contracts.
Under the 35-year-old program, charities can get guaranteed contracts to provide such things as janitorial or food services, military clothing or other goods to federal agencies. To be eligible, 75 percent of the labor must be performed by people with severe disabilities. More than 600 nonprofits from Maine to Oregon participate.
The oversight panel for the program, now being renamed AbilityOne, elected two people with disabilities to its top leadership slots.
The bulk of changes came after publication of The Oregonian's two-part series showing how surges in military contracts had doubled program sales in recent years. Chief executives at the top 50 contractors had seen their pay and benefits increase an average 57 percent to $248,287. Yet many workers at their nonprofits earned less than the minimum wage The stories also showed how workers with mild or nonexistent disabilities -- such as nasal polyps and poor English -- got jobs intended for people with severe disabilities, such as cerebral palsy and mental retardation.
Source: The Justice for All Listserv
WISCONSIN
MENTAL HEALTH PARITY KEY ISSUE FOR LT. GOVERNOR’S TASK FORCE
The Lt. Governor’s Task Force on Women and Depression will be working with legislators to ensure passage of mental health parity in the upcoming legislative session. Sen. Hansen, Sen. Miller and Rep. Grigsby had representatives at the last task force meeting to help show support for the future of the issue in the legislature. Sen. Hansen’s aide, Eric Genrich, said Sen. Hansen would be glad to be lead author in the Senate and the bill should have no issues passing the senate. The Task Force’s Wisconsin Report released in May 2006 included the following recommendations:
• Passing legislation providing for mental health parity in insurance coverage,
• Use the purchasing power of state government to address the treatment
needs of women and girls with depression,
• Address insurance company issues that limit access to effective treatment for
depression,
• Conduct a statewide multicultural campaign to educate women and girls,
employers, educators, health care providers, and others about depression and the
help eliminate stigma attached to depression,
• Include training on gender-sensitive, age, and culturally appropriate approaches to
the diagnosis and treatment of depression in women in university training programs,
• To achieve early intervention, appropriate screening for depression and referral
for follow up care should be incorporated into the routine health services of
medical, educational and social service settings.
• Provide treatment for depression that is evidence-based, is tailored to the needs
of individual woman, and produces positive, measurable outcomes.
• Increase access to qualified mental health providers.
• Include prevention outreach in treatment services and programs.
Source: The Wheeler Repor
CREATION OF SEIU WISCONSIN QUALITY HOME CARE COMMISSION MOVES FORWARD
Since the 1990’s, the Service Employees International Union (SEIU) has promoted the creation of “Quality Home Care Commissions” or similar organizations throughout the country in an effort to create a nexus for unionizing independent home care workers. SEIU has been successful in creating Quality Home Care Commissions in states such as California, Oregon, Washington, Michigan and others. It appears that Wisconsin will likely join that list very soon.
The Dane County Board passed a resolution last August which authorizes the Dane County Executive and the Dane County Clerk to enter into an Intergovernmental Agreement for five years with the State of Wisconsin creating the “Wisconsin Quality Home Care Commission”.
Powers and Duties of the “Wisconsin Quality Home Care Commission”:
• Facilitate provision of supportive home care and personal care services, by, among
other duties, providing employer-related services, including payroll, determining
and negotiating of wages and benefits, developing recruitment and retention
programs, and developing a registry of providers.
• Powers of the Commission specified in the Intergovernmental Agreement,
including the power to: enter into contracts; employ agencies or employees;
acquire, own, hold, operated, maintain, lease, or sell real or personal property;
incur debts, liabilities, or obligations; sue and be sued in the name of the
Commission; bargain collectively and enter into agreements with labor
organizations that represent its employees, including providers; engage auditors to
perform independent audits; invest surplus funds; study, develop, and prepare
reports; and purchase and maintain adequate insurance.
• Funding of the Commission, which will be derived from the Medicaid program,
other federal and state programs, compensation for services of providers, and
such other funds as are appropriated for Commission purposes by a Party.
Source: Broydrick & Associates
LOCAL
STOPP INITIATIVE HELPS BORROWERS KEEP THEIR HOMES
Have you heard the news lately? More and more people are losing their houses to foreclosure. According to Realty Trac, a company that tracks foreclosures across the United States, as of December 12, 2006, there were 3553 residential structures in some phase of the foreclosure process in Milwaukee County. Fortunately, there is help available. The Metropolitan Milwaukee Fair Housing Council’s Strategies to Overcome Predatory Practices (STOPP) initiative helps keep borrowers in their homes.
STOPP partners with IndependenceFirst, and a coalition of other community-based organizations, housing industry representatives and government to identify and eliminate predatory lending practices throughout Milwaukee County. Lemuel Eaton, MMFHC’s Fair Lending Services Administrator, is an important part of STOPP. Eaton takes calls from borrowers and potential borrowers on the STOPP hotline, reviews loan documents and provides input and advice. When predatory loans are uncovered, Eaton coordinates a plan, working in cooperation with other STOPP partners to help the client clean up the borrower’s credit, pursue legal options if warranted, and if possible, to obtain a new affordable home loan, suitable for their circumstances. If you, or someone you know could use some help deciphering your home loan situation, call the STOPP hotline at 278-9190 (voice/relay) for free help today.
ADA/FAIR HOUSING
REPORT ON COURTHOUSE ACCESS
The Courthouse Access Advisory Committee, which the U.S. Access Board organized to promote accessibility in the design of court facilities, presented its recommendations at a meeting of the Board on November 15th. The Committee’s report, “Justice for All: Designing Accessible Courthouses,” provides design guidance and best practice recommendations for achieving access in courthouses, including courtrooms. It also includes outreach and educational strategies for disseminating this information most effectively to various audiences.
Access to courthouses remains a problem, even in the design of new facilities, due to a lack of information and awareness. Design features essential to courthouses, particularly courtrooms, pose challenges to access that are not adequately addressed by existing resources. The Committee’s recommendations will supplement accessibility guidelines the Board maintains under the Americans with Disabilities Act and the Architectural Barriers Act. Although these guidelines contain provisions specific to courtrooms, many have sought further guidance on how access can best be achieved.
Report Highlights
• The Committee’s report includes recommendations that address:
• Integrating accessibility into all stages of courthouse design and planning;
• Courthouse and courtroom entrances, including automated devices that facilitate
access through heavy or monumental doors;
• Access solutions to judges’ benches that preserve the security and dignity
afforded justices;
• Effective and economical solutions for providing access to raised witness stands,
jury boxes, and clerks’ stations without disruption to court proceedings;
• Assistive listening technologies that discretely enhance audio output for people
who are hard of hearing;
• Wheelchair seating in spectator areas;
• Incorporating access solutions into standard design plans for various types of
courtrooms, including jury, bankruptcy/ hearing, magistrate, appeals, special
proceeding;
• Signage and wayfinding systems that facilitate access throughout courthouses for
people with vision impairments;
• Counters and other elements of public service areas;
• Jury deliberation rooms and jury assembly rooms;
• Secured areas, including judges’ chambers and suites; and
• Holding cells serving courtrooms.
Further information at http://www.access-board.gov/caac/index.htm.
Source: Access Currents
ON THE WEB
NEW WEBSITE PROMOTING LONG-TERM CARE PLANNING
The U.S. Health & Human Service's Assistant Secretary for Aging, Josefina G. Carbonell, announced a new website that will make it easier for consumers to get the information they need to plan for long-term care. The National Clearinghouse for Long-Term Care Information website provides comprehensive information about long-term care planning, services and financing options, along with tools to help people begin the planning process.
The new website also supports the "Own Your Future" education campaign, a joint federal-state initiative designed to increase consumer awareness about planning for long-term care. HHS recently announced new federal-state partnerships with several states designed to help Americans take an active role in planning ahead for their future long-term care needs.
For more information about the "Own Your Future" campaign and the National Clearinghouse for Long-Term Care Information, please visit http://www.longtermcare.gov.
Source: Justice for All Listserv
QUOTE OF THE MONTH
“Not everything that is faced can be changed. But nothing can change until it is faced.”
~ James Baldwin ~
ANNOUNCEMENTS
ACTIVITIES AT WILSON SENIOR CENTER
Beginning last fall, Wilson Senior Center began offering activities on Wednesday evenings from 4:30 – 8:30 pm. This has been very popular with Baby Boomers who are still working during daytime hours. January is a great time for anyone age 50 or better to get involved at the center. Several new classes are being offered: Self-Defense, Intro to Drawing, Intro to Painting, AARP Driver Safety Program, How to buy a Computer: Identify your computer needs and wants to make a smart computer purchase, Beginning Computers, and Salsa & Merengue Dance Lessons.(continued on next page) Other ongoing classes include: Quilting, Creative Scrap Booking, Stained Glass, Beginning Tap Dance, Beginning Tai Chi and Intermediate Tai Chi.
The fitness center, with state-of-art exercise equipment, is one of the most popular activities at the center. There is no fee and instructors from UWM will be available to familiarize participants with the equipment. Treadmills, horizontal steppers and the weight lifting machines attract many participants. Baby Boomers find the fitness center a great way to stay active especially during the winter months.
Wilson Senior Center is known in the community for its fine arts and crafts programs. Brand new equipment was recently installed including an embroidery machine, a quilting machine and frame, an adjustable cutting table, several sewing machines, as well as equipment for jewelry making, pottery and air brush painting. This new equipment will complement other activities which include weaving, knitting, ceramics, wood carving and wood burning.
Wilson Senior Center will continue to be open weekdays from 8:30 am – 4:30 pm with extended hours on Wednesday evenings until 8:30 pm. Come tour the beautiful center located at 2601 West Howard Avenue in Milwaukee. Enjoy a snack at the wireless Parkside Café, observe classes and resolve to get involved in 2007! Participation at the center is free and open to anyone age fifty or older. For more information about evening activities, please contact the center at (414) 282-5566 or at www.interfaithmilw.org.
Source: Amy Towar, Interfaith
INTELLECTUAL DISABILITY AGENCY HAS A NEW NAME
The American Association on Mental Retardation (AAMR), an association representing developmental disability professionals worldwide, has changed its name to the American Association on Intellectual and Developmental Disabilities (AAIDD), establishing a new standard in disability terminology and making way for a more socially-acceptable way of addressing people with intellectual disabilities. The name change will take effect January 1, 2007.
"This new name is an idea whose time has come," says Doreen Croser, Executive Director of AAIDD. "Individuals with disabilities and family members do not like the term 'mental retardation' and their advocacy is encouraging political and social change at national, state, and local levels. "
The name of the AAIDD has been an ongoing source of contention in the disability community. While it is widely perceived that mental retardation (MR) is a condition that exists, it was also recognized that the term is prone to abuse, misinterpretation, and has devolved into an insult, especially for people with disabilities and family members. Learn more about AAIDD at www.aamr.org.
Source: AAIDD Press Release
Advocacy Action News is published by IndependenceFirst on or about the 1st of each month. Submissions of articles are due by the 15th of each month prior to publication. For consideration, send your articles or announcements to the Editor, Karen Avery, via e-mail to kavery@independencefirst.org.
Advocacy Action News is available by request in alternative formats such as Braille, large print, on disk or audiotape. It is also made available via our website.
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