Print Friendly VersionADVOCACY ACTION NEWS
January 2006, Issue 97
• National Birth Defects Prevention Month
• National Volunteer Blood Donor Month
• Cataract Awareness Month
Federal/National
Wisconsin
Local
Other Regions
ADA News
Resources on the Internet
Events and Announcements
Monthly News Bulletin Published by IndependenceFirst
Spotlight on Tobie Tyler—
Local Disability Rights Activist
By Alie Kriofske Mainella
Tobie Tyler with Senator Lena Taylor at the
Election Commission Hearing
Tobie Tyler was born in 1944 in the small town of Wamego, Kansas. In 1965, he moved to Wisconsin and in order to pursue his dream of joining a police force, he began his schooling at this time. He received his bachelor’s degree at Milton University and his master’s degree in Police Science at the University of Wisconsin-Whitewater. At the young age of 21, Tobie was hired as a police officer for the Brookfield Police Department.
Years later, in 1982, Tobie was on duty one night, sitting in his car in a parking lot. He witnessed what looked like a drug transaction occurring between two cars. As he walked toward the cars, one man sped away in his car. Tobie got in his car and embarked on what became a 100mph high-speed-chase! Finally, the car he was chasing crashed into a fire hydrant. The man got out and shot Tobie in the head with a 357 Magnum. As it turned out, this man turned out to be an escaped convict who had been arrested for murder.
The gunshot left Tobie alive, but his life was changed forever. He has undergone extensive speech and psychological therapy and is still working on his recovery to this day. He’s also helping other people with disabilities fight for their rights and helping to change the laws to better protect people with disabilities.
Tobie formed the S.E. Wisconsin chapter of ADAPT, a group that describes itself as “fighting so people with disabilities can live in the community with real supports instead of being locked away in nursing homes and other institutions.” He also volunteers for IndependenceFirst and is currently serving as a board member. He has worked in several civil rights cases on behalf of people with disabilities including a fight to make Milwaukee Greyhound busses accessible (which landed him an article in the Milwaukee Journal), and a suit against the city of Manhattan, Kansas which went all the way to the U.S. Supreme Court! Today that city is the only 100% accessible city in the U.S., thanks to Tobie’s advocacy.
Tobie says that the most important thing about advocacy is to speak face to face with elected officials and to let them know how important our issues are. He says that there are not a lot of elected officials with disabilities so it is even more important for people with disabilities to go public with their issues. He says “If you want to change attitudes, a lot of people need to work together to fight back—make it a public issue. People with disabilities need to be seen.”
2006 - International Aspergers Year
The year 2006 is being recognized as International Aspergers Year. This will mark the 100th anniversary of the birth of Hans Asperger, the person who discovered Aspergers Syndrome (AS). Although he made the discovery back during World War II, AS wasn't officially recognized in the medical field until 1994. It is now estimated that approximately 1 in 250 have a diagnosis of AS. Many more people exhibit Aspergers traits but don't have a formal diagnosis.
International Aspergers Year is the first worldwide celebration dedicated exclusively to AS. This event is an excellent opportunity for increased awareness and advocacy for this disability. We need to encourage people who might have AS to seek diagnosis. We also need to correct misconceptions about AS and recognize the unique needs of people with AS. This is why it is important to develop mentoring programs for people with AS. There is also a need for expanded public services for people with AS. Many of them do not qualify for the services that are available because their limitations are not considered to be significant enough by Human Service agencies.
Ultimately we want to use this year as an opportunity to honor Hans Asperger and other pioneering researchers. We also want to recognize the families, friends, advocates and other professionals who are always working to enhance to lives of people with AS. Finally we want to recognize the people with Aspergers who have made great contributions to society such as Temple Grandin and Jerry Newport just to name a few.
More information on this subject can be found at:
http://health.groups.yahoo.com/group/asperger-year/
Source: Peter Lucas, IndependenceFirst
FEDERAL/NATIONAL
Disability Groups Call for Telecom Legislation
The National Association of the Deaf (NAD), joined by other disability organizations, called upon Congress to enact legislation mandating disability access to Internet-based products and services by the end of this Congress.
According to Kelby Brick, NAD Director of Law and Advocacy, “…The 1996 Telecommunications Act did not contemplate instant messaging, email, video relay, peer-to-peer video or such handheld devices as the Firefly and the Tictalk. Although the 1996 Act contained disability provisions for access to telecommunications products and services, it was mainly limited to those used with the public switched telephone network, not the Internet. As a result, people with disabilities will only gain equal access to today’s communications infrastructure and services if Congress acts to extend these protections to Internet-enabled products and services.”
Individuals are urged to contact their representatives in Congress by taking action at: http://www.nad.org/BroadbandBillAction
Source: www.nad.org
GSA Adopts New Accessibility Standards Under the Barriers Act
The General Services Administration (GSA) has adopted new accessibility standards for federally funded facilities based on updated guidelines the Board issued in 2004. The adopted standards will apply to a wide range of new or altered buildings under the Architectural Barriers Act (ABA) (http://www.access-board.gov/about/laws/ABA.htm), which ensures access to facilities designed, built, altered or leased with Federal money. They will take effect in 6 six months and will replace the existing standards, known as the Uniform Federal Accessibility Standards (UFAS).
The design and construction of new facilities, altered areas of existing facilities, and leased facilities will be subject to the standards, which contain updated provisions that improve accessibility while facilitating compliance. The new standards will apply to construction and alterations that commence after May 8, 2006, and to leases entered into after this date. GSA's ABA standards apply to all federally funded facilities, except residential, postal, and military facilities, which are covered by standards maintained by other Federal agencies. Last May, the U.S. Postal Service similarly updated its standards which govern post offices and other postal facilities. The departments of Housing and Defense will follow suit and complete the implementation of new standards under the ABA.
The Board's updated guidelines (http://www.access-board.gov/ada-aba/index.htm), which are driving this replacement, also will serve to update the standards used to enforce the ADA. The ADA covers non-Federal facilities, including places of public accommodation, commercial facilities, and state and local government facilities. ADA standards are maintained by the Department of Justice and, in the case of transit facilities, the Department of Transportation. The Board updated its ABA and ADA guidelines jointly and reconciled differences between them so that a more uniform level of access is specified under both laws. This enhanced uniformity will be realized once all ADA and ABA standards are updated and in effect.
Further information on the update of ABA or ABA standard is available on at http://www.access-board.gov/ada-aba/standards-update.htm
Source: http://www.access-board.gov/news/gsa-standards.htm
WISCONSIN
Governor Announces Community Relocation Initiative Success
Governor Jim Doyle announced in November that the Department of Health and Family Services (DHFS) is on target to move 1,440 people out of nursing homes and into community-based settings over the next two years as called for in his Community Relocation Initiative. The state expects to save $9 million over the two year period because home and community care is, on average, less expensive than nursing home care.
The goal of Governor Doyle's initiative is to move about 540 people in the first year and 900 in the second year. The long-term goal is to relocate anyone who wants to move and who can be served in the community within available resources.
There are waiting lists in nearly every county for community-based long-term care funding. Statewide, 6,000 seniors and people with physical disabilities are on the waiting lists. Over 500 people on those lists live in nursing homes and are interested in relocating.
PLEASE NOTE: IndependenceFirst has been actively involved in relocating persons from nursing homes, including the Governor’s initiative described here. Staffers Midge Pinchar and Julie Alexander – along with the help of numerous other staff - have assisted approximately 100 individuals to move from nursing homes into the community in the past several years!
Along with DHFS, county human service agencies manage the relocation initiative. In October, over 500 county and nursing home staff attended forums held around the state to learn to identify candidates for relocation and to develop collaborative relationships that will help people successfully transition to the community. Before an individual is relocated, an individualized care plan must be developed to meet that person's needs and preferences.
People may be eligible to move out of a nursing home into a community-based setting under the following conditions: Medicaid pays for nursing home care; The person is 65 years or older or has a physical disability; The person has an ongoing need for long-term care services; or The person has resided in a nursing home for 100 days or more.
Anyone interested in relocating from a nursing home should inform their nursing home social worker or contact their local county human services department and ask for a relocation assessment.
Read more about Governor Doyle's Nursing Home Relocation Initiative: www.wisgov.state.wi.us/journal_media_detail.asp?prid=1039&locid=19
Source: Press Release
Hotline for Deaf/Hard of Hearing
My name is Jeffrey Cucinotta, and I was recently hired as Intake and Referral person to provide information and referral for Deaf and hard of hearing persons throughout the state regarding Medicare Part D. I will be on this job during the enrollment period. Although I am contracted via Access to Independence, I am working at the Office for the Deaf and Hard of Hearing, at the state office of the Department of Health and Family Services, 1 West Wilson Street, Room 451, Madison. I will handle calls and questions from individuals who are deaf and hard of hearing regarding Medicare Part D. There are various ways people can call or reach me:
For Deaf and hard of hearing people:
TTY: 1-888-701-1255 (press 1)
Video Phone (VP): 608 266-1000
IP address: 69.217.147.17
For Hearing callers (who do not have a TTY or VP): Use Relay Service: dial 711 and give the TTY number listed above to the operator.
I also can be contacted via email: cucinjm@dfhs.state.wi.us
Source: WADNet
LOCAL
City Passes Resolution Regarding Housing Trust Fund Task Force
The City of Milwaukee Common Council recently passed a resolution to create an affordable housing task force to work on the development of a local Housing Trust Fund. The task force shall participate in the RFP process to hire a consultant who will assist the task force in its work of defining the structure, goals, objectives, strategies, financial resources and programs for the City of Milwaukee Housing Trust Fund. The task force shall present its findings and recommendations to the Common Council within 180 days of adoption of this resolution.
Brian Peters, Housing Program Coordinator at IndependenceFirst, has been nominated to participate on the task force. He has been active in the efforts to create a Housing Trust Fund, and is working hard to ensure that the needs of persons with disabilities are addressed in this initiative.
Source: Karen Avery, IndependenceFirst
OTHER REGIONS
$1 Million Settlement in Disability Discrimination Lawsuit
The U.S Department of Housing and Urban Development (HUD) commended California's Department of Fair Employment and Housing (DFEH) for winning a $1 million disability discrimination settlement against a San Francisco landlord who refused a tenant's request for an accessible parking space. In the lawsuit, in San Francisco County Superior Court, DFEH contended that in May 2000 the owners of a San Francisco apartment building violated the state fair housing law by not affording Shirley Carper, a tenant of 24 years, an accessible parking space and extra keys for her live-in caregiver. Despite repeated requests, instead of receiving a better parking space, Carper received disturbing letters from the buildings owners questioning her ailment.
Source: Great Lakes ADA & Accessible IT Center Listserv
QUOTE OF THE MONTH
“Oppression can only survive through silence.”
—Carmen de Monteflores
ADA NEWS
Settlement Could Mean New Rules
In a settlement that could have wide implications within a small but growing community of severely disabled workers, Home Depot Inc. has agreed to pay $75,000 to a mentally disabled former employee whose supervisor fired her without first consulting the employee's job coach. Home Depot also agreed to maintain closer contact in the future with disabled workers' job coaches, in a consent decree signed with the Equal Opportunity Employment Commission.
The commission had accused the retail giant in a federal lawsuit of violating the Americans with Disabilities Act of 1990 by failing to notify the woman's coach of disciplinary problems. It said that measure should have been taken under the ''reasonable accommodations'' provision of the law.
Job coaches are not a new phenomenon, but they are increasingly employed by nonprofit agencies seeking to help disabled people, especially those with mental retardation or severe physical disability, find jobs outside the cloistered world of sheltered workshops.
The coach's services as a trainer and monitor of the disabled employee are paid for by the agency, usually with public dollars, and not by the worker's employer. About 120,000 people nationwide have such job coaches. Some coaches work side by side with the assisted worker. Some just help to train the person, then visit once or twice a week, as did the coach who helped the plaintiff in this case, Carolyn Pisani, now 30, when she got her job as a sales associate at the Home Depot store in South Setauket, on Long Island, in 1999.
Source: Excerpt from a New York Times Article
RESOURCES ON THE INTERNET
New Website on Accessing SSI/SSDI for People Who Are Homeless
Announcing the launch of the Substance Abuse and Mental Health Services Administration (SAMHSA)'s new SOAR (SSI/SSDI Outreach, Access and Recovery) webpage located at www.pathprogram.samhsa.gov/SOAR. The website contains several new resources for case managers and others assisting homeless people to apply for Social Security disability benefits (Supplemental Security Income - SSI; and Social Security Disability Insurance - SSDI).
ADA Wisconsin Partnership
The ADA Wisconsin Partnership is a coalition of people with disabilities, business and government that promotes full implementation of the Americans with Disabilities Act (ADA).
We are very pleased to present the first edition of the Partnership LINK newsletter. It is intended to be a statewide forum in Wisconsin for those interested in sharing or finding resources and information about promoting equal access for people with disabilities in employment and community life. We hope you find this publication beneficial and will share it with your colleagues. We invite you to submit your events, news and resources to share with others through the LINK. Visit the following link to view the newsletter:
http://www.adawipartnership.org/Newsletter/05_11_Link.htm Please email your events, ideas, or submissions to adawi@rfw.org.
FROM:
Tammy Liddicoat
ADA Wisconsin Partnership
c/o RFW, Inc.
1302 Mendota Street, Suite 200
Madison, WI 53714-1024)
608-244-5310
www.adawipartnership.org
New ADA Transportation Guidance from DOT
Recently, four new guidance documents interpreting the Department of
Transportation (DOT) Americans with Disabilities Act Regulations were released by DOT. These four guidance documents faithfully carry out the intent of the ADA and its regulation to protect the civil rights of people with disabilities. For example, one of the documents states that transit agencies must provide paratransit service in a way that goes beyond "curb-to-curb service" if necessary to actually get the passenger from his or her point of origin to his or her destination.
The documents are entitled:
1. Origin to Destination Service
2. Full-Length, Level-Boarding Platforms in New Commuter and Intercity Rail Stations
3. Paratransit Requirements for '5311-Funded Fixed-Route Service Operated by Private Entities
4. Use of "Segways" on Transportation Vehicles
The new DOT documents can be found at www.fta.dot.gov/ada under the first heading, "DOT Disability Law Guidance." A current direct link is
http://www.fta.dot.gov/14531_17511_ENG_HTML.htm. Note that the first link has a number of other important ADA transportation tools for advocates, including:
* The FTA ADA complaint form at
http://www.fta.dot.gov/14531_14889_ENG_HTML.htm
* A growing list of FTA ADA assessments of transit agencies at
http://www.fta.dot.gov/14531_16159_ENG_HTML.htm
EEOC Explains Employment Rights Of Persons Who Are Blind or Have Visual Disabilities
The U.S. Equal Employment Opportunity Commission (EEOC) issued a question-and-answer document on the application of the Americans with Disabilities Act (ADA) to people in the workplace who are blind or who have vision disabilities. The new publication, is available on EEOC's web site at http://www.eeoc.gov/facts/blindness.html.
Transition Resource on the Web
The National Kids as Self Advocates (KASA) website has some great transition resources on topics such as talking to your doctor, going to college, transitioning to adulthood. It also includes real-life stories by youth and young adults. Go to:
http://www.fvkasa.org/resources/health.html
Consumer Guide Available to Assist People with Disabilities in Navigating Medicare Part D Drug Coverage
Advancing Independence, a disability-focused
policy organization, released a new guide, Understanding Changes in Prescription Drug Coverage for People with Disabilities on Medicare: A Guide for People with Disabilities,
Benefits Counselors, Disability Organizations and Others On Transitioning to the Medicare Part D Prescription Drug Benefit. The guide was written in a question and answer format and includes worksheets that individuals can use in consulting their physicians about current pharmaceutical use and in comparing and selecting a plan that meets their needs.
The report was a collaborative effort between Advancing Independence and the Health Policy Institute at Georgetown University. Free copies of the guide can be obtained in PDF and HTML formats at http://hpi.georgetown.edu/rxchanges.html.
Financial support for the guide was provided to Advancing Independence by the Pharmacetical Research and Manufacturers of America (PhRMA).
Emergency Management and Persons with Disabilities
On November 10th, the National Council on Disability, the National Council on Independent Living, the National Organization on Disability, the National Spinal Cord Injury Association and the Paralyzed Veterans of America hosted a Congressional briefing entitled, “Emergency Management and People with Disabilities:
Before, During and After.” A transcript of this two hour event is available online at:
http://www.ncd.gov/newsroom/publications/2005/transcript_emergencymgt.htm
EVENTS/ANNOUNCEMENTS
Help with Social Security Disability Applications and Appeals
Established in 1979, the National Organization of Social Security Claimants' Representatives (NOSSCR) is an association of over 3,300 attorneys and paralegals who represent Social Security and Supplemental Security Income claimants. NOSSCR members are committed to providing high quality representation for claimants, to maintaining a system of full and fair adjudication for every claimant, and to advocating for beneficial change in the disability determination and adjudication process.
For help in finding attorney representation, contact their lawyer referral service at (800) 431-2804, or e-mail: nosscr@worldnet.att.net
Announcement from ILCW
The Independent Living Council of Wisconsin (ILCW) has a history of supporting people with disabilities to attend conferences or training(s) that lead to successful implementation of the state plan for independent living. This includes individual skill development or increasing the capacity of consumers to affect systems change in their respective community.
This year the ILCW has set aside $5000 for these scholarships. If interested, please contact ILCW for an application.
Jennifer Boyle, Executive Director
ILCW-Independent Living Council of Wisconsin
Voice 608-256-9257 Toll Free 1-866-656-4010
TTY 608-256-9316 Toll Free 1-866-656-4011
www.ilcw.org
Support Group For Parents
When: Tuesday, January 17, 2006
Time: 6-8 pm
Where: Tri City National Bank, Community Room, 2115 10th Avenue, South Milwaukee, WI 53172
Contact: Kathe Ratka 414/571-9551
This is a support group for parents who have child/ren on the autism spectrum. We are here to give support and share ideas and information with each other regarding our children. Please join us and know that you are never alone.
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.
You may also receive Advocacy Action News via email instead of print copy. Contact Alie at 414-291-7520 (V/TTY) or akriofske@independencefirst.org.
If you do not have access to the internet, and would like assistance in obtaining any of the internet-based items described in this news bulletin, please contact Alie at 414-291-7520 (V/TTY).
IndependenceFirst
The Resource for People with Disabilities…
600 W. Virginia Street, 4th Floor
Milwaukee, WI 53204
414-291-7520 (V/TTY)
414-291-7525 (FAX)
www.independencefirst.org