Print Friendly VersionMarch 2008, Issue 123
ADVOCACY ACTION NEWS
March 2008, Issue 123
Monthly News Bulletin Published by IndependenceFirst
NATIONAL
WISCONSIN
LOCAL
ADA/FAIR HOUSING
RESOURCES ON THE NET
ANNOUNCEMENTS
IF SHE COULDN'T HAVE CAPTIONS, NO ONE WOULD HAVE TV
The gym I work out at has five television sets in the cardio room. I noticed that when I went to work out, sometimes the closed captions would be displayed on one set, but not all five sets. And sometimes the closed captions wouldn’t be turned on at all. For the past few weeks, the captions have been completely off. When I went to talk to the employees about this, they all claimed they couldn’t do anything to the TV’s because only a manager has the remote and the managers are never there when I am (I go around 6 PM) so I couldn’t ask them directly. The employees kept claiming that they had left notes for the managers, but the captions still did not come on. Since I can’t listen to music, I was getting pretty bored while I worked out on the elliptical trainer.
Finally, about a week ago I had enough of this runaround, so I asked for the manager’s phone numbers. I called them, and the woman I spoke with claimed that the company installed the TV’s so only the company can control the TV’s, not the employees, but couldn’t tell me why the captions still were not coming on after numerous messages left by me.
My partner bought me a TV-B-Gone and we decided to try it out recently. It’s a small handheld device the size of an electronic car key that is an universal remote control with one button: off.
First, we went to the front desk to ask for the captions to be turned on and they gave us the usual spiel; only managers control the TV and the manager wouldn’t be back until Monday morning, blah blah blah….
Well, fine; if I can’t have captions, then no one is going to have TV. Let’s see how fast those TV’s come back on when I turn them all off. So, I went in the cardio room and discreetly turned off all the televisions. Eventually, someone let the employees know that the TV’s were off. They came in the workout room and stared quizzically at the blank screens, but didn’t turn the TV’s back on. They remained off for the duration of my workout.
When I went back to the gym the next day, the same problem was there: TV’s on, no captions. So, I turned them off again. And I kept doing it for a week and half without getting caught until they finally got the hint somehow, and now all the TV’s have the captions turned on.
You know what I’d really like? For someone to invent a Captions-B-On device. That would be perfect.
Blog by Kathryn Hill, Stone Deaf Pilots
…now THAT’S self-advocacy!!!
NATIONAL
NCD Says No Child Left Behind and Individuals with Disabilities Education Act Having Positive Impact
The National Council on Disability (NCD) released a report (http://www.ncd.gov/newsroom/publications/index.htm) analyzing the progress of the No Child Left Behind (NCLB) Act and the Individuals with Disabilities Education Act (IDEA) that says students with disabilities are no longer ignored. To that end, NCLB and IDEA have had a significant, positive impact.
According to NCD Chairperson John R. Vaughn, “In our evaluation of NCLB and IDEA, students with disabilities appear to be doing better academically, and they also appear to be graduating with diplomas and certificates at higher rates than in prior years. Data suggests, however, that there is still cause for concern about the dropout levels of students with disabilities nationwide. Regardless of whether that concern is definitional or real, we need a better understanding of the manifestations of new rules and regulations on these students. According to our analyses, one of the most important results of NCLB and IDEA appears to be that students with disabilities are no longer ignored. To that end, NCLB and IDEA have had a significant, positive impact. Teachers, administrators, and the community are becoming aware of what students with disabilities are capable of achieving if they are held to the same high standards and expectations as their peers.
“As our nation’s policymakers continue their work on NCLB Act reauthorization, it is important to recognize the complex interplay among the federal law, state laws and regulations, and actual practice at the district and school levels. Some of the requirements in NCLB have had unintended consequences, and any proposed changes to the law should be carefully considered to ensure that additional unintended consequences are not created, especially for students with disabilities.
“It is also important to provide flexibility with regard to student performance while holding on to the idea of meeting a high standard. High expectations with differentiated learning and instruction should be the twin foundations for the law.”
NCD is an independent federal agency and is composed of 15 members appointed by the President, by and with the advice and consent of the Senate. NCD provides advice to the President, Congress, and executive branch agencies to promote policies, programs, practices, and procedures that—
(A) guarantee equal opportunity for all individuals with disabilities, regardless of the nature or severity of the disability; and
(B) empower individuals with disabilities to achieve economic self-sufficiency, independent living, and inclusion and integration into all aspects of society.
For more information, please contact NCD’s Director of External Affairs Mark S. Quigley at mquigley@ncd.gov or by telephone at 202-272-2004.
QUOTE OF THE MONTH
“Genuine politics -- the only politics I am willing to devote myself to -- is simply a matter of serving those around us: serving the community and serving those who will come after us. Its deepest roots are moral because it is a responsibility expressed through action, to and for the whole.”
~Vaclav Havel
WISCONSIN
Numerous disability-related bills have been introduced in the State Legislature. For more information on any of these bills, visit http://www.legis.state.wi.us/
Assembly Bill 133
Requires health insurance coverage of hearing aids and cochlear implants for infants and young children under five years of age.
Assembly Bill 169
This bill would expand who can certify a person as disabled and in need of a disabled parking license plate or temporary tag. This bill would allow a public health nurse to provide the necessary certification information.
Assembly Bill 287
This is a companion bill to Senate bill 111. It would change the definition of a service animal for purposes of discrimination against a person using a service animal in a public facility. It also expands the harassment provision in current law to include all service animals, not just dogs and provides a penalty for harassment.
Assembly Bill 417
This bill requires health insurance policies and self-insured governmental and school district health plans to cover the cost of treatment for autism, Asperger's syndrome, and pervasive developmental disorder not otherwise specified if the treatment is provided by a psychiatrist, a psychologist, a social worker who is certified or licensed to practice psychotherapy, a paraprofessional working under the supervision of any of those three types of providers, or a professional working under the supervision of an outpatient mental health clinic.
Assembly Bill 466
This bill requires the state's UW system and Technical Colleges to develop policies and procedures to ensure that students with disabilities have access to instructional material in appropriate alternative formats.
Assembly Bill 586
This bill increases fines for violating and misusing a disabled parking identification card. The bill also amends 2005 Wis. Act 455 relating to disabled parking.
Assembly Bill 691
This bill would allow a single person who receives Medical Assistance (MA) under the medically needy category and then marries to have their MA eligiblity determined as if they were still single. It would disregard the income and assets of the spouse.
Assembly Bill 698
This bill would require agencies that employ or contract with personal care workers in private residences to tell the client or guardian the information they obtained in a background check. It also requires updated background checks every two years rather than four.
Assembly Bill 700
This bill makes several changes to state statute 46.56 that covers Integrated Services Programs (ISP). Some of the changes include expanded coverage to include not just children with severe disabilites but other children who use two or more care systems. It also changes the term ISP to Coordinated Services Teams or CST. The bill also provides funding to expand ISP or CST to all counties and tribes in the state.
Senate Bill 32
This bill eliminates the current limit on the number of persons (150) who meet MA level of care requirements and are diverted from entry into a nursing home and for whom an enhanced rate of payment for MA services may be made under CIP II.
Senate Bill 268
This bill would change the process by which care facilities are licensed. An applicant for a community care facility, such as a CBRF, would have to form a community advisory committee. The majority of the people on this committee would be people from the neighborhood where the facility would be located. In addition, DHFS would have to respond in writing to any concerns raised by the committee before a license would be granted.
Senate Bill 283
This bill stops nursing homes, community-based residential facilities, adult family homes, residential care apartment complexes, and hospices from providing special services for persons with Alzheimer's disease or related dementia unless the Dept. of Health and Family Services (DHFS) determines that the facility meets the standards of care and treatment for people with Alzheimer's disease or related dementia
Senate Bill 375
This bill requires that insurance policies provide the same coverage for mental health and mental illness as they do for physical, illness or injury.
LOCAL
MAYOR SIGNS HOUSING TRUST ALLOCATIONS
The first funding allocations for the new Housing Trust Fund was signed into law by Milwaukee Mayor Tom Barrett. Barrett worked with Ald. Michael Murphy and others in the community to create the Housing Task Force that will work with $2.5 million to build affordable housing in the city.
The resolution to be signed directs $1.4 million from the trust fund to crate a total of 144 new housing units. The $1.4 million in government funds is expected to leverage more than $26.7 million in new development.
Those receiving the first allocations are:
-Mercy Housing Lakefront, $750,000
-St. Catherine's Residence Inc., $264,000.
-Heartland Housing and Guest House $125,000.
-United Methodist Children's Services, $200,000
-Milwaukee Christian Center, $68,000
ADA/FAIR HOUSING
FIRING WORKER WITH BIPOLAR DISORDER DIDN'T VIOLATE DISABILITY LAW
A Kentucky university that fired an employee with bipolar disorder after an outburst at work did not violate disability discrimination law because there was a legitimate business reason for the decision, a federal judge has ruled.
U.S. District Judge John Heyburn found that plaintiff Crystal Snyder failed to show she is disabled under state or federal definitions of the term. The judge determined instead that she was properly fired for violating work rules at Sullivan University.
According to Snyder's complaint, she worked in the accounts receivable/ customer service department at the Louisville school. She has received treatment and medication for psychological illness since 1994 and was diagnosed with bipolar disorder in 2004, the complaint said. Snyder said she told her supervisors about her illness.
The incident that led to Snyder's firing took place in August 2005. Snyder said she reacted with a "verbal outburst" when another employee left a binder in her work area. She admitted that she raised her voice and leaned over the employee's desk when the co-worker "yelled back stuff," according to the court's opinion.
Snyder's supervisor witnessed the incident and reported the details to her own supervisor. After meeting with Snyder two days after the "outburst," the two supervisors fired her for unacceptable" and "inappropriate" behavior.
Snyder sued Sullivan the U.S. District Court for the Western District of Kentucky, alleging her termination violated the Americans with Disabilities Act and the Kentucky Civil Rights Act.
Judge Heyburn granted the university's motion for summary judgment. First, he noted that both the ADA and the KCRA define a disability as a physical impairment that "substantially limits one or more major life activities," such as walking, performing manual tasks or caring for oneself.
The laws say a person is "disabled" if she has a record of impairment or is regarded as having an impairment, according to the judge.
He rejected Snyder's argument that a 1993 suicide attempt and two other depression-related episodes are evidence that she cannot care for herself.
Snyder also had argued that Sullivan "regarded her" as disabled in violation of state and federal disability law. She maintained that the university mistakenly believed that her bipolar disorder substantially limited her ability to work and led it to "distort a routine disagreement with a co-worker into an extreme and outrageous act,"
the opinion says.
Judge Heyburn said there was no testimony suggesting that, as required by the state and federal disability statutes, Snyder was unable to work in a substantial number of jobs, not just her job at the university.
In addition, he found no evidence that Sullivan relied on stereotypes, rather than Snyder's doctor's opinion, to conclude that she was unable to work.
Finally, Judge Heyburn said a supervisor's testimony about Snyder's "combative" mood and attitude "cannot be stretched to suggest that Sullivan regarded Snyder as 'unable to work' because of her bipolar disorder."
To comment, ask questions or contribute articles, contact West.Andrews.Editor@Thomson.com.
Source:
http://news.findlaw.com/andrews/em/emp/20071114/20071114_snyder.html
RESOURCES ON THE NET
The latest edition of Disability Rights On-Line News is now available at:
HTML Version:
http://www.ada.gov/newsltr1207.htm
PDF Version:
http://www.ada.gov/newsltr1207.pdf
News items include:
• Madison Square Garden Will Make Accessibility Improvements
• Multi-Family Housing Access Forum
• Swarthmore College Agrees to Increase Access for People with Disabilities
• Michigan Courthouse will Make Accessibility Improvements
• ADA Business Connection Holds Meetings in Illinois and Kansas
• University of Michigan Sued for Lack of Accessibility at Stadium
• Florida Sheriff Agrees to Provide Effective Communication for People with Disabilities
• Three New York City Hotels Agree to Improve Accessibility
• Stockton, California, Fire Department Will Provide Services to People with HIV/AIDS
• Memphis Hospital Agrees to Provide Effective Communication for People with Disabilities
• Housing Agency in Iowa Agrees to Settle Discrimination Case
• Sarasota County, Florida, To Pay $760,000 and Allow Continued Operation of Group Homes for People in Recovery
• Georgia Landlords Agree to Stop Discriminating Against People Who Use Service Animals
• Minnesota Landlord Sued for Discriminating Against People Who Use Service Animals
• Wisconsin Landlord Sued for Failing to Accommodate a Resident with Mental Disabilities
• Indiana Town Sued for Failing to Grant a Variance Allowing a Resident to Provide Housing to a Person with a Disability
• Developers, Architects, and Engineers in Kentucky, Washington, and Georgia Sued for Disability Discrimination
ANNOUNCEMENTS
NAD AND DSA LAUNCH SENIOR RESOURCES LISTING
The National Association of the Deaf (NAD) and its Senior Citizens Section together with the Deaf Seniors of America (DSA) have jointly launched a resources listing of, by, and for older deaf Americans. With the title of ‘Senior Resources’, this first-ever and comprehensive listing contains items of interest to older deaf persons and their families or caregivers. The first half provides useful names, addresses, phone numbers, and websites for various types of senior housing facilities (e.g., independent/retirement, assisted living, nursing, and others of a specialized nature). The second half focuses on senior clubs having gatherings of a recurring nature, which is of particular interest to deaf seniors who travel extensively.
The listing can be found at:
http://www.nad.org/site/pp.asp?c=foINKQMBF&b=3894583
If you wish to add a senior housing facility or social club to this listing, or if you wish to make corrections, please send email to www.nad.org/contactus (be sure to mention ‘Senior Resources Listing updates’).
SURVEY OF USER NEEDS (SUN)
Many people with and without disabilities rely on cell phones and other wireless technology for everyday independence.
The Survey of User Needs (SUN), conducted by the Wireless RERC, helps wireless manufacturers and providers better understand the needs of their customers with disabilities.
The SUN has already received more than 1200 responses. More than 800 people have also joined the Consumer Advisory Network (CAN). These Advisors take part in product testing, focus groups, and other research in wireless technology. You can read about what they're learning through the survey at:
http://www.wirelessrerc.org/publications/first-report-findings-of-the-survey-of-user-needs-sun
The SUN will continue through 2011. Anyone over 18 years of age interested in improving the usability of wireless products to take part by completing the SUN at:
http://www.wirelessrerc.org/for-consumers/survey-of-user-needs.html
The SUN can also be completed on paper or over the phone - just contact us by phone or email to request a copy or set up a convenient time to take the survey by phone: (800) 582-6360
wirelessrerc@shepherd.org
Making wireless technology useful and usable for people of diverse ages and abilities is only possible with strong consumer input.
5th Annual Disability Pride Parade
“DISABLED AND PROUD 2008”
Saturday, July 26, 2008
Chicago, Illinois
The overall mission of the Disability Pride Parade is:
• To change the way people think about and define “disability”;
• To break down and end the internalized shame among people with Disabilities; and
• To promote the belief in society that Disability is a natural and beautiful part of human diversity in which people living with Disabilities can take pride.
The specific objectives for the parade are:
• To organize a fully inclusive, annual event that will celebrate and strengthen the pride, power, and unity of people with disabilities, our families, and allies;
• To generate national visibility of the Disability community
At the request of Sage Publications, Sarah Triano wrote the following definition of "Disability Pride" for the Encyclopedia of Disability:
"Disability Pride represents a rejection of the notion that our physical, sensory, mental, and cognitive differences from the non-disabled standard are wrong or bad in any way, and is a statement of our self-acceptance, dignity and pride. It is a public expression of our belief that our disabilities are a natural part of human diversity, a celebration of our heritage and culture, and a validation of our experience. Disability Pride is an integral part of movement building, and a direct challenge to systemic ableism and stigmatizing definitions of disability. It is a militant act of self-definition, a purposive valuing of that which is socially devalued, and an attempt to untangle ourselves from the complex matrix of negative beliefs, attitudes, and feelings that grow from the dominant group's assumption that there is something inherently wrong with our disabilities and identity.
“Although there are many barriers facing people with disabilities today, one of the single greatest obstacles we face as a community is our own sense of inferiority, internalized oppression and shame. The sense of shame associated with having a disability has, indeed, reached epidemic proportions. Disability rights movements in different countries have made many gains in the area of civil rights over the past decade, but what good is an Americans with Disabilities Act or a Disability Discrimination Act if people will not exercise their rights under these laws because they are too ashamed to identify as being disabled? ‘As long as the mind is enslaved,’ Dr. Martin Luther King wrote, ‘the body can never be free.’
As long as people with disabilities remain ashamed of who we are, we will never realize the true equality and freedom we so desire. We must first take pride in ourselves as a community. We must no longer be ashamed of being disabled.
Dismantling centuries of internalized oppression, however, and promoting a widespread sense of Disability pride is easier said than done. Unlike other civil rights movements, people with disabilities do not always have the benefit of a generational transfer of disability history and pride through the family structure. There are no "disability churches" per se, neighborhood enclaves, or other communal institutions where people with disabilities can come together by choice and consistently receive positive messages that counteract the depredation wrought by the onslaught of cultural terrorism. There is a tremendous need to create a counterculture that teaches new values and beliefs, and acknowledges the dignity and worth of all human beings. Disability pride is a direct response to this need."
~Sarah Triano, National Disabled Students Union
FAMILY-TO-FAMILY
Free for family members, partners and friends of individuals who have
• Major Depression
• Bipolar Disorder (Manic Depression)
• Schizophrenia and Schizoaffective Disorder
• Borderline Personality Disorder
• Panic Disorder and Obsessive Compulsive Disorder
• Co-occurring Brain Disorders and Addictive Disorders
A series of 12 weekly classes structured to help caregivers understand and support individuals with serious mental illness while maintaining their own well- being. The course is taught by a team of trained NAMI family member volunteers who know what it’s like to have a loved one struggling with one of these brain disorders. There is no cost to participate in the NAMI Family-to-Family Education Program. Over 80,000 people in the U.S., Canada and Mexico have completed this course. We think you will be pleased by how much assistance this program offers. We invite you to call for more information.
Call NAMI Greater Milwaukee (414) 344-0447 or email kayd@namigrm.org to reserve your place in this free12-week course.
Explore Costa Rica this Summer!
*Live with a host family
*Learn Spanish through immersion
*Learn about disability rights and leadership
Go Abroad with Mobility International USA
June 27 to July 12, 2008
Application Deadline: Friday, March 28, 2008
Generous Scholarships Available!
Applications available online
First time travelers with disabilities who are between 18-24 years old, from cultural minority and low-income backgrounds are encouraged to apply
For more information:
apply@miusa.org
or
541-343-1284 (tel/tty)
http://www.miusa.org
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