Print Friendly VersionDecember 2006, Issue 108
ADVOCACY ACTION NEWS
December 2006, Issue 108
Monthly News Bulletin Published by IndependenceFirst
FEDERAL/NATIONAL
WISCONSIN
LOCAL
ADA/FAIR HOUSING
ON THE WEB
ANNOUNCEMENTS
The Road to Freedom…
ADA Watch and the National Coalition on Disability Rights have been working hard for years on an event that was launched from Washington D.C. on November 13th entitled: “The Road to Freedom: Keeping the Promise of the ADA.”
This event is an awareness campaign in the form of a yearlong cross-country bus tour. Among the riders on the bus are Yoshiko Dart, Janine Bertram Kemp, Bobby Coward, Rus Holt, Jim Ward, Debbie Fletter Ward and Tom Olin. These individuals, along with Family Diversity Projects and others who decide to join, will be crossing the country to expose the people of the United States to the Americans with Disabilities Act (ADA) and the history of the disability rights movement. They will also address issues such as health care, employment, transportation and more.
More than 80 stops are included in this tour, stopping at such locations as schools, malls, parades, fairs, etc… as well as with media agencies such as radio and TV shows and press conferences. The Road to Freedom travelers will be promoting the ideas of justice, inclusion and opportunity for persons with disabilities. Photo exhibits featuring the wonderful work of Tom Olin and the award winning work of Family Diversity Projects will be a large part of this awareness campaign. The tour also will focus on youth leadership and a coalition of disability partners, including assistive technology kiosks, distribution of disability resources and educational and historical exhibits.
You can expect to see them in Wisconsin between July 16th and 18th. Stay tuned for more details on this exciting event for Americans with disabilities and those who want to get involved!
For more information on The Road to freedom, contact info@adawatch.org. To find out more about ADA Watch and the National Coalition on Disability Rights, go to http://www.adawatch.org . And for more information about the Family Diversity Project, visit www.familydiv.org
Source: Alie Kriofske, Youth Coordinator, IndependenceFirst
FEDERAL/NATIONAL
Congressional Resolution 235 Passes
Every year, guide dogs, white canes and blind pedestrians are struck by drivers who do not understand the purpose of guide dogs and white canes. While White Cane Safety Laws exist as an attempt to reduce the risks which persons who have visual disabilities face on the street, drivers too often do not understand or know what the guide dog and white cane mean, or the law designed to protect them. That may change, as Congress has passed legislation, Resolution 235, which states that "each State should require any candidate for a driver's license to demonstrate, as a condition of obtaining a driver's license, an ability to associate the use of the white cane and guide dog with visually impaired individuals and to exercise greatly increased caution when driving in proximity to a potentially visually impaired individual."
Source: Philip Strong, Transportation/ Advocacy Specialist, American Council of the Blind
Update on Medicare and Durable Medical Equipment (DME)
Advocacy Works! As a result of incredible advocacy on the part of many stakeholders, including members of the National Council on Independent Living (NCIL), Medicare has again made revisions to the new local coverage determination (LCD) for power mobility devices (PMD) that will alleviate additional consumer access concerns. Specifically, the recent changes eliminate a requirement that an individual be "unable to independently stand and pivot" in order to qualify for access to high functioning mobility devices.
Medicare also revised reimbursement levels for power wheelchairs, restoring some of the provider payments that had been seriously cut for many high functioning power wheelchairs.
Problems that Remain: Although CMS has made positive changes to the recent LCD, the policy continues to be misguided in important ways. This is primarily due to the fact the Medicare's long-standing and discriminatory "in the home" policy remains in place and is even more prominent in coverage standards than ever before! As long as this harmful restriction remain in place, Medicare will continue to deny individuals with mobility impairments the devices necessary to meet their functional needs both inside and outside of their homes. You should all be proud of winning this significant battle but the work isn't done!
ACTION REQUESTED: Although recent changes to the LCD are key improvements, we must continue to advocate for a fair Medicare wheelchair policy. This policy must reflect the true functional needs of individuals with mobility impairments and recognize the key role of wheelchairs and other assistive devices in independent living for people with disabilities.
Please call your Members of Congress toll-free at 1-877-224-0041 (V/Relay) to express whether or not you support or oppose the Medicare Independent Living Act of 21006. This information comes from the ITEM Coalition, of which NCIL is a member. The ITEM Coalition is devoted to raising awareness and building support for policies that will enhance access to assistive devices, technologies and related services for people with disabilities. Visit the ITEM Coalition online at: http://www.itemcoalition.org
WISCONSIN
Politicians in our state legislature recently elected their leadership. For the next two years, these persons will be setting political priorities and influencing the political agenda in Wisconsin:
SENATE
Democrats-Majority Leadership:
President: Fred Risser (Madison)
President Pro-Tem: Tim Carpenter (Milwaukee)
Majority Leader: Judy Robson (Beloit)
Assistant Majority Leader: Dave Hansen (Green Bay)
Caucus Chair: Mark Miller (Monona)
Caucus Vice-Chair: Jeff Plale (South Milwaukee)
Caucus Sgt At Arms: G. Spencer Coggs (Milwaukee)
Caucus Secretary: Jim Sullivan (Wauwatosa)
Republicans-Minority Leadership:
Minority Leader: Scott Fitzgerald (Beaver Dam)
Assistant Minority Leader: Joe Leibham (Sheboygan)
Caucus Chair: Glen Grothman (West Bend)
Caucus Vice-Chair: Carol Roessler (Oshkosh)
ASSEMBLY
Republicans-Majority Leadership
Speaker: Mike Huebsch (West Salem)
Majority Leader: Jeff Fitzgerald (Beaver Dam)
Assistant Majority Leader: Mark Gundrum (New Berlin)
Speaker Pro-Tem: Mark Gottlieb (Port Washington)
Caucus Chair: Mark Honadel (South Milwaukee)
Democrats-Minority Leadership:
Minority Leader: Jim Kreuser (Kenosha)
Assistant Minority Leader: Jon Richards (Milwaukee)
Caucus Chair: Tony Staskunas (West Allis)
OTHER STATES
Pennsylvania Passes Accessibility Tax Credit
On October 28, Pennsylvania Governor Rendell signed Senate Bill 1158,a Residential Visitability Design Tax Credit Act. This bill passed the State House by a not-so-close vote of 194-0 and then passed the State Senate 50-0.
This bill provides tax credits up to $2,500 to any new or renovated "dwellings" (a fancy word for residential housing) that has Visitability, improved access & usability. However, this doesn't come automatically. The taxing authority (local government, county, or school district) has to agree to provide this tax credit to citizens. The Act merely provides the authority do this.
According to the Visitability advocacy organization, Concrete Change (www.concretechange.org), Visitability includes three things: 1) One ZERO-STEP entrance, 2) All main floor interior doors--including bathrooms-- with 32 inches of clear passage space, and 3) At least a half bath, preferably a full bath, on the main floor.
The Pennsylvania Residential Visitability Design Tax Credit Act goes further than that. It provides tax credits for homes that are built to be Visitable, and part of the requirement affects the slope of the accessible path of travel outside and sets the height of the light switches in the rooms.
Homeowners can also get those tax credits for renovated homes, although the homeowner has some flexibility in not having to tear up the walls or to redo the electrical wiring if the renovation would otherwise not affect them. For example, if the homeowner already has an accessible entrance, and renovates the bathroom to be accessible, he/she would still qualify for the tax credit even though the light switches in the rest of the home are non-conforming since he/she did not do any renovations in the other rooms.
Source: Brian Peters, Housing Program Coordinator, IndependenceFirst
LOCAL
Region's Affordable Housing to be Scrutinized
For the first time in 30 years, the Southeastern Wisconsin Regional Planning Commission (SEWRPAC) is planning a comprehensive analysis of housing opportunities for people of varied socioeconomic backgrounds.
When the commission last studied housing in the 1970s, the primary issue was the same as it is today: a need for more affordable housing in the booming suburbs.
Housing advocates have argued for years that affordable housing is concentrated too heavily in Milwaukee, while the suburbs and other outlying areas are dominated by upscale neighborhoods that prevent a diverse population. It is one reason Milwaukee is often cited as one of the most racially segregated cities in the nation.
Some people have said the initiative probably will generate controversy because many suburban leaders resist pressure to allow affordable housing development in their communities.
Funded by the seven counties it serves, the commission is authorized by the federal government as the official southeastern Wisconsin agency for establishing and coordinating plans on a wide range of issues related to development and growth.
For more information about the Southeastern Wisconsin Regional Planning Commission, go to www.sewrpc.org.
Mayor Barrett Conducts Brown Bag Lunch at IndependenceFirst
On November 15th, Milwaukee Mayor Tom Barrett met with approximately 50 persons with disabilities to answer questions and learn about the needs of persons with disabilities.
Mayor Barrett spent the lunch hour providing participants with information on issues such as housing, schools, paramedics, building inspections. The Mayor also explained that some issues are not controlled by the city. For example, paratransit services are provided by Milwaukee County government and most long term care services are provided and paid for by county, state and federal government.
ADA/FAIR HOUSING
Fiserv Settles Lawsuit
Fiserv Inc. has agreed to pay $175,725 to settle a disability lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC).
The EEOC had charged the Brookfield-based financial technology and services company with violating the Americans with Disabilities Act by denying an employee who uses a wheelchair the right to participate in a remote work program. The complaint was filed in U.S. District Court for the Northern District of Indiana, South Bend, Ind.
In a statement, Fiserv management said only that Fiserv and the EEOC entered into a consent decree to resolve the matter. Management declined further comment.
The two-year consent decree also requires Fiserv (NYSE: FISV) to comply with prohibitions against discrimination, to post an EEOC notice, to report to the EEOC and to train its employees on anti-discrimination practices.
SOURCE: Edited article from The Business Journal
Chicago Ensuring Curbs are Wheelchair-Friendly
City engineers are re-examining curb cuts across Chicago, Il to make sure they comply with the Americans with Disabilities Act (ADA).
The Chicago Sun-Times reported earlier that sections of new sidewalk on Chicago Avenue between Milwaukee and Damen are being torn up and replaced for the second time this year because the earlier version exceeds the ADA maximum of 2 percent slope.
Some of the cost may be absorbed by the contractor. Most of the corrections will be at taxpayers' expense because the city changed its own standards in midstream in response to a lawsuit filed last fall by the Council for Disability Rights.
Source: Chicago Sun-Times (Chicago, IL)
October 29, 2006
NAD Settles Ellis Island Complaint
The National Association of the Deaf (NAD) is announced the settlement of a complaint against Ellis Island. In 2004, the NAD Law and Advocacy Center filed a disability discrimination complaint with the United States Department of the Interior (DOI), after the DOI refused to provide interpreter services to ensure effective communication for approximately 40 deaf and hard of hearing individuals planning to tour Ellis Island.
The Senior Deaf Group of the Northwest Bergen Senior Activity Center in Midland Park, New Jersey, planned the tour. The driving forces behind this complaint were Ms. Rose Pizzo, a person who is deaf and a member of the Senior Deaf Group, as well as the Senior Deaf Group itself. This discrimination complaint followed numerous, unsuccessful efforts by Ms. Pizzo and the Senior Deaf Group to secure sign language interpreters for their planned visit to the historic national site.
Although many aspects of their tour would require interpreters to ensure equal access and participation by deaf and hard of hearing individuals, the staff of Ellis Island told the seniors they could just read the descriptions on the walls of the exhibits.
The DOI has an obligation under Section 504 of the Rehabilitation Act of
1974 and the federal regulations implementing Section 504, to provide appropriate auxiliary aids, including sign language interpreters, when necessary for effective communication. Ellis Island nonetheless refused to provide and pay for the interpreter services necessary to accommodate the needs of Ms. Pizzo and the other Senior Deaf Group members.
As a result of the settlement agreement with NAD, Ellis Island recently reimbursed the group for the interpreter services. Ellis Island also agreed to comply with policies and procedures to ensure that free interpreter services and other auxiliary aids will be available to deaf and hard of hearing visitors in the future.
Source: http://www.nad.org/ellisislandpr
The Chronicle of Higher Education (Washington, DC) November 1, 2006
QUOTE OF THE MONTH
“The man who moves mountains begins by carrying away small stones.”
~ William Faulkner ~
George Washington University Settles Lawsuit With Ex-Student
George Washington University has reached a legal settlement with a former student it suspended in 2004, after he sought medical treatment for depression.
The student, Jordan Nott, sued the university last fall, arguing that administrators had violated his rights under the federal Americans with Disabilities Act, among other laws, by barring him from the campus after he had checked himself into the campus hospital. Mr. Nott later withdrew from the university.
The lawsuit challenged the legality of involuntary-withdrawal policies, which some colleges have used to suspend students who may require intensive treatment for mental or physical problems. Critics contend that such policies were designed to protect colleges from costly liability lawsuits resulting from student suicides -- not to help troubled students get the help they need.
Although the terms of the settlement between Mr. Nott and George Washington were confidential, Tracy Schario, a spokeswoman for the university, said officials there had agreed to review their policies on dealing with depressed and potentially suicidal students.
Mr. Nott graduated from the University of Maryland at College Park this past spring.
Source: http://chronicle.com/temp/email2.php?id=nW4mrkhGM3SpvkGbjjFyMkfBzb48HQJk
ON THE WEB
The US Department of Justice Civil Rights Division has issued a new fact-sheet in their series "Expanding Your Market". The new fact-sheet highlights the benefits of increasing accessibility in order to meet the needs of individuals who are aging.
This new fact-sheet "Accessibility Benefits Older Adult Customers" is aimed at the business community. It highlights the spending power of older adults and provides business with some practical suggestions regarding how to increase the accessibility of their facilities and goods and services to meet the needs of this population.
This fact-sheet can be viewed on-line or printed at:
http://www.ada.gov/business.htm#anchor103103
Also check out the Fact-Sheet titled "Customers with Disabilities Mean Business" which was released earlier this year and focuses on the spending power of people with disabilities and what increasing accessibility can mean to business.
Source: Great Lakes ADA Center
ANNOUNCEMENTS
Help with Medication Costs
Beginning Nov. 15, the pharmaceutical company, AstraZeneca, will expand the number of people eligible for its Patient Assistance Program (PAP) by raising the annual income limit from 250 percent of the Federal Poverty Level (FPL) to approximately 300 percent FPL. This means individuals who earn $30,000 or less, or a family of four earning $60,000 who do not have prescription drug coverage can get all of their AstraZeneca’s medicines for free.
People who need information about the PAP can call 800-424-3727 (V/Relay) or visit www.astrazeneca-us.com/drugassistance.
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 Karen at 414-291-7520 (V/TTY) or kavery@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 Karen at 414-291-7520 (V/TTY).
IndependenceFirst
The Resource for People with Disabilities…
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