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June 2008 Issue 126

ADVOCACY ACTION NEWS
June 2008, Issue 126

ELECTION
NATIONAL
STATE
LEGAL
RESOURCES ON THE NET
ANNOUNCEMENTS



ROLAND SYKES HAS PASSED




“THE COMMANDER’S LAST WORDS”
As reported by Mouth Magazine

It was a last slap in the face for the man whose iron rule was “Never, ever do for others what they can do for themselves.”

Rollo Sykes had to ring for a nurse to adjust the slant of his deathbed.  The controls – engineered far away by a company that saw things from the buyer’s, not the user’s, point of view – were beyond his reach.When the nurse arrived, she could see that he had something to say, but she could barely hear the scant whisper of his voice.

“He was gesturing at the bed,” she told us later, “saying something I couldn’t hear.  Finally, I got close enough.  He said:  ‘You are fostering dependence.’”

Roland Sykes fostered independence: his, yours, and everybody else’s, ever since a coal-mine collapse broke his back thirty-six years ago.  There was nothing he enjoyed more than fostering independence. “If it ain’t fun,” he always said, “go do something else.”  It was Roland who wrote the ADAPT piece, “The Field Commander’s Manual.”  Later he wrote of using a bumper jack to make 26 bathroom doors accessible at the first independent living conference. A few years back, he bought a city transit bus, rebuilt it to be fully accessible, named it The Cloud and lived in it when he wasn’t using it to take ADAPT activists to their targets.   He dreamed of taking it coast to coast to film and carry forward disability rights history. He’d made his first short film, “Whose Movie Is This?” – an interview with another hero, Fred Fay, when the cancer struck.  We hope to have a transcript of that film, with photos, in Mouth Magazine, edition #106.

NOTE: For over ten years, Mouth has been the “Voice of the Dis-Labeled Nation.” Mouth is published bi-monthly and you can find more information at www.mouthmag.com or call Cal at 785-969-6013 (v/relay).

ELECTION

MENTAL HEALTH AMERICA (MHA) CALLS ON PRESIDENTIAL CANDIDATES.  MHA is calling on all three presidential candidates to address the critical importance of mental illnesses and mental health in their health policy proposals.

"Any plan to modernize our health care system and proposals to contain costs could hardly find a better target for achieving those goals than mental health," said David Shern, Ph.D., president and CEO of Mental Health America.  "The candidates take different approaches on health policy.  What they have in common is a failure to specifically and fully emphasize the importance of mental illnesses and mental health." (The full text of the letters can be found in the following PDF documents:

<http://www.mentalhealthamerica.net/pressroom/obama-plan.pdf> Obama plan
 <http://www.mentalhealthamerica.net/pressroom/clinton-plan.pdf> Clinton plan
<http://www.mentalhealthamerica.net/pressroom/mccain-plan.pdf> McCain plan

The three letters review the positions each candidate has taken on health reform and urge them to more fully address and incorporate three major mental health policies as part of their proposals:

• Ending discrimination and ensuring access. Enactment of legislation to outlaw all discriminatory barriers to mental health care is cited as critical to improving health coverage for people with or at risk of mental illness.
• Increased emphasis and funding of prevention practices.
• Integrating mental and general health care.

Mental Health America is dedicated to helping ALL people live mentally healthier lives.  For more information, contact: Steve Vetzner, (703) 797-2588,
<mailto:svetzner@mentalhealthamerica.net> svetzner@mentalhealthamerica.net

WORLD

NAZIS' VICTIMS WITH DISABILITIES HONORED.  The United Kingdom's (UK) first memorial to the one million people with disabilities who were persecuted, sterilized or killed by Nazi Germany has been unveiled. Survivors, celebrities and disability groups were at the event, where a rose and plaque were dedicated to the memory of the Holocaust's victims with disabilities.  Up to 270,000 people with disabilities died in the Holocaust. Six major killing centers specifically for persons with disabilities were set up around Germany. One of the few blind Jewish children to survive the war, Hans Cohn - now 85 - was at the dedication. He avoided the Holocaust by escaping to the UK. He said: "The disabled suffered doubly under the Nazi regime if they were Jewish." Story from BBC NEWS:
http://news.bbc.co.uk/2/hi/uk_news/7393993.stm

NATIONAL

PROSTHETICS PARITY.  The National Spinal Cord Injury Association and the Amputee Coalition of America (ACA) have launched an effort to achieve prosthetics parity. They are asking those who support this issue to sign their on- line petition in support of HR 5615, which would require insurance companies to cover prosthetic limbs. Check it out at: http://www.amputee-coalition.org/ 
Source Marci Roth, NSCIA

DOT INCREASES PROTECTIONS FOR AIR TRAVELERS WITH DISABILITIES.  People with disabilities will have additional protections against discrimination when they travel by air, as the result of a new rule issued by the U.S. Department of Transportation (DOT) that strengthens the existing regulation implementing the Air Carrier Access Act (ACAA) and extends it to foreign airlines. The new rule will apply to foreign air carriers operating a flight that begins or ends in the United States.  It applies to U.S. air carrier operations worldwide.  Passengers flying to Europe, Asia, or other destinations on foreign air carriers now will have similar protections against discriminatory policies and be entitled to the same accommodations as passengers flying on U.S. carriers.  DOT will also be better able to take enforcement action against a foreign carrier if it discriminates against an individual because of his or her disability on flights to or from the United States. The new rule will also make it easier for passengers to use medical oxygen during flights by requiring airlines to allow the use in the passenger cabin of portable oxygen concentrators that meet applicable safety, security and hazardous materials requirements for safe use aboard aircraft. The new rule will also provide greater accommodations for passengers with hearing disabilities.  It will require airlines to include easy-to-read captions in its safety and informational videos. Airlines also must promptly provide the same information to passengers with hearing- and vision-disabilities that it provides to other passengers in airport terminals or on the aircraft - such as information on boarding, flight delays, schedule changes, weather conditions at the flight's destination, connecting gate assignments, checking and claiming of baggage, and emergencies.  The rule does not specify how carriers should make this information available to passengers who are deaf or hard of hearing. The new rule will be effective in one year to give carriers enough time to begin implementing its provisions.
Source:  http://www.traveldailynews.com/pages/show_page/25723

QUOTE OF THE MONTH  “Be not simply good; be good for something.”
~Henry David Thoreau

STATE

IndependenceFirst is assisting the Department of Health and Family Services (DHFS) in the outreach efforts of enrolling individuals that do not have health care insurance onto Badger Care Plus. Badger Care Plus is an expansion of health care coverage to Wisconsin residents that ensures affordable health care. This benefit is for families that are seeking comprehensive and affordable health care to working families. This enrollment is targeted for:

• Parents and caretakers of relatives.
• All uninsured children - if you have uninsured children under 19 years of age, you should enroll. Badger Care Plus is for all children regardless of income.
• Pregnant women.
• Self-employed parents and caretaker relatives.

Badger Care Plus is designed for people that do not have health insurance. If you are already enrolled in family Medicaid, Badger Care, or Healthy Start, you will be enrolled automatically. However, if you do not have health insurance and would like to enroll onto Badger Care Plus, you may call Shanell Spencer at 414-226-8368 (v/relay) to set up an appointment here at IndependenceFirst to enroll.
Walk-ins are not accepted - you must have an appointment.

LEGAL

OHIO, WISCONSIN, NATIONAL FAIR HOUSING GROUPS SUE HOUSING DEVELOPER FOR DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES. The Miami Valley Fair Housing Center, the Metropolitan Milwaukee Fair Housing Council and the National Fair Housing Alliance filed a housing discrimination lawsuit against Steiner + Associates, a national developer of town centers that contain retail, residential and office spaces.  The lawsuit alleges that Steiner, et al., failed to comply with federal accessibility standards in the design and construction of their properties. The organizations investigated apartment units at Gilbert Court at the Greene in Beavercreek, Ohio, Lofts at Zona Rosa in Kansas City, Missouri, and Bayshore in Glendale, Wisconsin.  All of the properties, including 272 individual apartments, were developed by Steiner & Associates and failed to meet the accessibility requirements of fair housing and disability laws.  Steiner is developing additional properties in Virginia, Texas and Pennsylvania. About the Metropolitan Milwaukee Fair Housing Council (www.fairhousingwisconsin.com) The purpose of the Metropolitan Milwaukee Fair Housing Council is to promote fair housing throughout the State of Wisconsin by combating illegal housing discrimination and by creating and maintaining racially and economically integrated housing patterns.  It engages in several different activities to further its mission of promoting fair housing for people with disabilities and other protected classes throughout the state, including complaint intake, counsel, investigative services and systemic investigations of institutional discrimination. MILWAUKEE’S FAIR HOUSING LAW.  The Fair Housing and Employment Ordinance Chapter 109, Milwaukee Code of Ordinances prohibits owners of housing, lenders for housing and certain other Respondents from making housing related decisions because of a person's sex, race, religion, color, national origin or ancestry, age, disability, lawful source of income, marital status, sexual orientation, gender identity or expression, past or present membership in the military service, familial status, or an individual's affiliation with, or perceived affiliation with any of these categories.. For more information or assistance, contact the Metropolitan Milwaukee Fair Housing Council at 414-278-1240 (v/relay).

COMPLAINT FILED AGAINST KENTUCKY STATE COURTS FOR FAILURE TO PROVIDE INTERPRETERS.  The National Association of the Deaf (NAD) and the law firm Freking & Betz have filed a complaint in federal court against the Commonwealth of Kentucky and the Administrative Office of the Courts alleging their failure to provide qualified sign language interpreters for Teri Mosier, a deaf attorney admitted to practice in Kentucky.  The complaint also names as defendants Joseph Lambert in his official capacity as Chief Justice of the Supreme Court of Kentucky, and Jason Nemes in his official capacity as Director of the Administrative Office of the Courts.  The complaint was filed in the United States District Court in Lexington, Kentucky.  Defendants’ policy states that they “must comply with the Americans with Disabilities Act by providing qualified interpreters for the deaf and hard of hearing.”  However, Defendants’ policy further states that they will “not provide interpreting services for attorneys.”  The complaint alleges that the Defendants’ refusal to provide qualified sign language interpreter services when Ms. Mosier represents clients in court proceedings violates Title II of the Americans with Disabilities Act and section 504 of the Rehabilitation Act.  The failure of the court to provide qualified interpreter services to ensure effective communication with Ms. Mosier effectively limits Ms. Mosier’s ability to practice law.

JUDGE RULES SOCIAL SECURITY ADMINISTRATION MUST ACCOMMODATE BLIND BENEFICIARIES.  On Wednesday, April 23, 2008, Judge William Alsup of the US District Court for the Northern District of California ruled that the US Social Security Administration (SSA) must accommodate the real and legitimate needs of people with visual disabilities who receive benefits from SSA.  The agency is required under the Rehabilitation Act and the due process clause, the ruling states, to provide communications in formats that are accessible to these beneficiaries.
The ruling came after SSA sought to dismiss a class action filed in federal court in 2005 by the American Council of the Blind and a group of individuals who have visual disabilities filed a class action lawsuit against SSA, alleging that the agency fails to provide the most basic accommodations to its visually disabled applicants and beneficiaries.  To this day, the SSA communicates with visually disabled applicants and beneficiaries in standard 12 point font print that they cannot read, and is unwilling to provide meaningful communication in alternative formats such as Braille, audio, large font or electronic text.

RESOURCES ON THE NET

NURSING HOME QUALITY.  This website consolidates nursing home quality and problem reports from Medicare and shows the results in an objective reporting/rating template.  http://memberofthefamily.net/registry/wi.htm

DOJ REPORT.  The US Department of Justice released their April 2008 Issue of Disability Rights On-Line. Topics include:

• University Of Michigan Agrees To Improve Accessibility At Football Stadium
• Departments of Housing and Urban Development and Justice Release New Guidance on "Reasonable Modifications" under the Fair Housing Act
• Department Files Brief Supporting Connecticut Operator Of Homes For People In Recovery From Alcohol And Drug Addictions
• Florida Taxi Company Agrees To Transport People Who Use Service AnimalsCheck it out at:  http://www.ada.gov/newsltr0408.htm

SELF-EMPLOYMENT. One of the Dept of Labor/Office of Disability Employment Policy START-UP USA project sites is in Alaska.  They have put together a website on self-employment for people with disabilities.  Included on this site are these booklets:

1. What We Mean By Self-Employment: "I Want To Be My Own Boss"
2. An Overview of Self-Employment
3. Disability Benefits and Self-Employment
4. Self-Employment: The Business Plan
5. Marketing and Sales: How To Market Your Small Business
6. Self-Employment Resources
7. Self-Employment Tips and Traps
They're short, concise and worth a read. 
Check it out: http://www.alaskachd.org/employment/self.html

ANNOUNCEMENTS

The Milwaukee Mental Health Task Force invites you to our third mental health summit Mapping A New Road to Recovery: Addressing Mental Illness in the Criminal Justice System.
Monday, June 30, 2008
8:00am – 4:30pm
Marquette University
Alumni Memorial Union
1441 W. Wisconsin Avenue
Milwaukee, Wisconsin
This is an issue affecting all of us and we encourage a broad and diverse attendance.
The purpose of this year’s Summit is to expand access to community based service for people with mental illness at all points of contact with the criminal justice system. Through our collaboration with local law enforcement and the criminal justice system, we have found that people with mental illness and co-occurring disorders charged with non-violent offenses are grossly over-represented in our jails.  These individuals would be more appropriately served in the community where they can be linked to needed treatment and support services. Under the facilitation of Dr. Henry Steadman, President of Policy Research Associates, participants in the Summit will work collectively to establish an action plan to redesign our current criminal justice system to increase access to appropriate treatment and services for people with mental illness.  Dr. Steadman is internationally known for his research in the areas of interfacing mental health and criminal justice systems and he is a national leader in transforming these systems. Please join us for this day of learning, community dialogue and action.
REGISTRATION IS REQUIRED.
For more information about registration, including disability-related accommodation requests please contact Angela Engel at United Way of Greater Milwaukee :
Fax: 414-263-8128
Phone: 414- 263-8136 (v/relay)
Email: aengel@unitedwaymilwaukee.org  

MENTAL HEALTH SUMMIT REGISTRATION FORM
Registration is $25; make checks payable to Disability Rights Wisconsin and mail to United Way of Greater Milwaukee at the address below.  To have the registration fee waived, check the appropriate box below.

         _   $25 registration fee enclosed
         _   I will bring my $25 to the conference
         _   I am requesting a waiver of the fee

Send Registration and Check to:

ATTN: Angela Engel
United Way of Greater Milwaukee
225 W. Vine Street Milwaukee WI. 53212
Name: 
Affiliation (if any):
Phone:
Address:
City:      Zip:
e-mail address:
Vegetarian meal?     0 Yes    0 No
Disability related accommodation requests – please make all requests by June 20th: NOTE: THIS IS A FRAGRANCE FREE EVENT

For the safety and comfort of those with chemical and environmental sensitivities, we request that persons attending this program attend fragrance free.

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…
600 W. Virginia Street, 4th Floor
Milwaukee, WI 53204
414-291-7520 (V/TTY)
414-291-7525 (FAX)
www.independencefirst.org