PREFACE
This month of July, 2010 marks the 20th
anniversary of the passing into law of the Americans with Disabilities
Act. It is difficult to believe and sad
to contemplate that, even after all this time, we still receive pleas daily
from people who are being denied their rights under this civil rights law.
As you may know, we have never required a
membership fee for joining with us in our mission and we are NOT going
to change that now. However, we have
always stated that voluntary donations are welcomed and deeply appreciated,
although we have never actually solicited them.
This year, however, is different, as it is for so many people. ACCESS NOW HAS TAKEN A BIG FINANCIAL
HIT. THEREFORE, WE ARE NOW, FOR THE FIRST TIME, ASKING FOR
VOLUNTARY DONATIONS IN ORDER TO KEEP OUR EFFORTS MOVING FORWARD. (Please remember that all donations to us
are tax deductible to the fullest extent of the law.)
Any donation of any amount will, you may be
certain, be put to good use as we pursue as much accessibility as possible for
as many members of the disabled community as possible. To that end, we will now begin to send our
twice-yearly newsletter by EMAIL TO THOSE WHO HAVE FURNISHED US WITH
EMAIL ADDRESSES, thereby saving costs as well as trees. (Of course, for those who have not sent us an
email “addy”, we will be mailing this newsletter via postal mail, as we have
done in the past.) We look forward to
hearing from you at any level of financial assistance which you feel able to
provide. THANK YOU SO VERY MUCH!
NEWSLETTER
UPDATE – JULY, 2010
FROM
PHYLLIS F. RESNICK, PRESIDENT
HELLO AGAIN, EVERYBODY!
Well, here in our second newsletter of the
year, we have much to report. We have had many, many requests for
assistance with regard to the ADA
(the Americans with Disabilities Act) and the FHA (Fair Housing Act – which
governs multiple-dwelling units). We are
also receiving many calls for assistance with regard to service animals. It continues to astonish us that in the year
2010, there remain vast pockets of ignorance of and non-compliance with the ADA, which was enacted
into law in 1990! That is why your
continuing support is so very, very important to us! I would like to thank all our members,
worldwide, for their continued support and, in
an abundance of optimism, our prospective members as well! And now, to our news--------
We would like to begin with an article on the scope and meaning of the ADA. We believe it is an appropriate retrospective
as we take the fight for equality to the law’s second 20 years. However, we would first like to take time to
remember a charter member of Access Now’s Board of Directors who was a
passionate advocate regarding the issues addressed in this newsletter.
IN
MEMORIAM
AARON SCHECTER
Aaron Schecter, of Hollywood and
Aventura, Florida, was one of the founding directors of Access Now, Inc.® He was a passionate believer in our mission,
responding immediately when my late husband, Edward, and I first formed this
organization. He continued to the end of
his life to encourage and support our efforts.
Therefore, his passing on April 27th was a sad day for Access
Now as well as for me personally. Aaron
was truly a Renaissance man, deeply involved in all aspects of culture. In addition, he strongly believed in giving
back to his community, which he did in so many ways. He was the personification of all that is
best in human nature and will be truly missed by all who knew and loved
him. May he rest in peace.
20TH
ANNIVERSARY: ADA poised to open even more doors
BY ALBERT R.
HUNT •
ahunt1@bloomberg.net
This week is the 20th
anniversary of the Americans with Disabilities Act, one of the country's
landmark civil-rights measures and the signature domestic achievement of
President George H. W. Bush. The ADA mandates equal
opportunities for individuals with disabilities in employment, access to public
facilities, transportation and telecommunications.
Although problems
persist, particularly in employment, it has transformed America, improved the lives of the
50 million people with disabilities (half of them severely disabled) and served
as a model for much of the rest of the world.
The gains have been most visible in accessibility, with curb cuts,
transportation and access to public facilities. “The ADA has changed the way Americans get around and relate
to their communities,'' says Andy Imparato, the president of the American
Association of People with Disabilities.
Citing the landmark 1954
civil-rights school-desegregation case, Imparato says, “The ADA
is our Brown v. Board of Education.'' And
like Brown, it's an evolving process
that takes years, decades. A look around
the globe and the ADA's impact is evident, it was a catalyst for the 2006
United Nations Convention on the Rights of Persons with Disabilities, an international
accord that requires parties to promote equal rights for and full employment of
the disabled. “The U.S. still leads the world in safeguarding the rights of
its citizens with disabilities,'' says Tanya Gallagher, head of the Disability
Research Institute at the University of Illinois.
There remain daunting
challenges in healthcare, technology and especially jobs. In the United States,
the jobless rate for disabled people is officially 14.3 percent, or almost double that of able-bodied workers. Since this figure only counts those looking
for jobs, the real unemployment rate for the disabled, experts say, probably
exceeds 50 percent.
There are companies that
have adopted a more aggressive policy for hiring employees with disabilities.
Professor Peter Blanck, chairman of the Burton Blatt Institute at Syracuse University, recently surveyed 30,000
disabled employees at 14 companies. He found that in firms labeled by employees
as “disability friendly'' -- providing more accommodations, flexibility and
less autocracy -- disparities in wages, retention and workplace issues
disappeared. In an interview, Blanck
cited several examples of disability-friendly companies: Microsoft, Sears
Roebuck and Procter & Gamble among them.
The courts, especially
conservative judges, and all the way to the Supreme Court, handed down a series
of anti-ADA decisions limiting these civil rights. Often, discrimination claims then were
summarily dismissed. However, the last
Congress passed the ADA
Amendments Act of 2008, which overturned a number of these unfortunate court
decisions, and has facilitated the legal process for people with disabilities.
The political problems
haven't disappeared. A few months ago,
Rand Paul, the Republican candidate for senator in Kentucky, dismissed government efforts. “I think if you have a two-story office, and
you hire someone who's handicapped, it might be reasonable to let him have an
office on the first floor rather than the government saying you have to have a
$100,000 elevator,'' he said.
Much of the disabilities
community considers the term “handicapped'' pejorative; it originated in
Elizabethan England, when people with disabilities were forced to beg on the
street and were given a cap for handouts.
Contrary to Paul's assertions, accessibility costs for businesses and
public facilities have been comparatively low.
Like the great struggles
over civil rights and race, the most determinative issue is attitudinal. “Without the ADA,
ignorance about the abilities and potential of persons with disabilities would
be far more pervasive,'' Gallagher says.
The progress since Bush signed the measure in the summer of 1990 has
been notable. Moreover, auguring well
for the future, there's a generational divide, with younger people far more
comfortable and accepting of those with disabilities.
Yet the most remarkable
change has been for those most affected.
“The ADA has helped
disabled people think about their status as a measure of civil rights and
equality, not simply as a medical or social welfare policy,'' Imparato says.
“The ADA has
given us the right to talk about our disabilities and not be ashamed.''
Albert R. Hunt is the executive editor for Washington at Bloomberg
News. This article was reprinted from
the Miami
Herald edition of July 27, 2010.
The following newspaper article is about our longtime
member, Leonard Wein. He has done a
remarkable amount of work as an activist for disabled access and he has taken a
remarkable amount of very nasty, absurd criticism. Many kudos to our good friend, Lenny, and long
may he wave!!!!!
Palm City Man Raises Ire While Increasing Access for Disabled
He has been called every name in the book. Extortionist. Pain in the butt. A more profane version of “pain in the butt.” Some critics have made cracks about Leonard
Wein’s last name. You can imagine how
those went over. But the western Palm City
resident has not let the abuse deter him.
Thirteen years after he started suing local governments and businesses
over their lack of compliance with the Americans with Disabilities Act, he’s
still at it. “I have no regrets in doing
what I did,” Wein told me. “And if I had
to do it all over again, I would.”
Wein, who is 64, has a form of
muscular dystrophy known as peroneal muscular atrophy. The disease has weakened muscles in the lower
portions of his arms and legs. Some of
his fingers curl inward, prohibiting him from grasping a pen or turning the
knob on a faucet. When he was diagnosed
in 1980, his doctor told him he would be wheelchair-bound within six years. Today, he can still manage short distances
with a cane, but a motorized scooter is his mode of transport for most ventures
outside his home.
I sat down with Wein this week,
which marks the 20th anniversary of the Americans with Disabilities Act, to
talk about why he has devoted so much of his retirement to crusading for
accessible bathrooms, parks and other facilities. In other words, to talk about the things he’s
been such a pest about. Wein has
single-handedly riled elected officials and business owners over his insistence
the ADA be
enforced. The federal law made it
illegal to discriminate against people with disabilities and required public
facilities and businesses to accommodate people with disabilities. When it was enacted in 1990, Wein thought,
“This is great. I don’t have to worry.” He figured everyone would comply with the law
without a problem. Boy, was he wrong.
After he moved to Martin County
18 years ago, he set out to make things right.
Wein first sued Martin County in 1997 over access to sidewalks, beaches
and public restrooms. He lodged another
suit in 2008 over lack of access at the Martin County
Fairgrounds. In the end, the county
improved access at all of the facilities — even the beaches, where special mats
are now available to accommodate wheelchairs. St. Lucie County became a target in 2006 when
Wein couldn’t sit near his friends at the county-owned spring training camp now
known as Digital Domain Park.
The county settled with him and built
more accessible features. The City of Stuart got its turn in 2002,
when Wein sued over public restrooms and parks. The following year, the city went a step
further, passing an ordinance requiring sidewalks to remain uncluttered.
Wein says he always sends a letter
or makes a few phone calls first. But
when the polite approach doesn’t work, he knows he has the legal weight of the ADA behind him. He doesn’t limit his ire to governments
either. He has sued restaurants and
strip-mall owners. He has taken on
corporate giants including Target and the mother-of-all-retailers, Wal-Mart
Stores Inc. He has been party to 38
suits in Southern District of Florida alone.
Just this year, Wein sued Delray Honda in Palm Beach County.
He cited shortcomings including a lack
of handrails and a too-high urinal.
These things seem nitpicky — until
you’re the one in a wheelchair or scooter. Then they are essential to your independence. Wein doesn’t make any money off of the suits,
but he hasn’t lost any either. When he
wins or settles (and he always does), his attorneys fees are covered. His ultimate goal also is achieved: the
disabled gain access.
Next time you stroll the sidewalks
in downtown Stuart, think of Wein. If
you ever find yourself in a wheelchair or on crutches, you’ll have an easier
time getting around because he raised such a stink. Think of him — just don’t curse his name. He
gets enough of that.
Eve Samples is a
columnist for Scripps
Treasure Coast
Newspapers. This column reflects her
opinion. For more on Martin County
topics, follow her blog at TCPalm.com/samples. Contact her at (772) 221-4217 or eve.samples@scripps.com.
The following interview by Judy
Woodruff was aired on PBS TV
ANALYSIS AIR DATE: July 26, 2010
20 Years After ADA, Accessibility Remains 'An Evolutionary
Process'
SUMMARY
Twenty
years after the Americans with Disabilities Act was enacted, the effects can be
seen across the country in curb cuts, lifts on buses and so on. Judy Woodruff
speaks with Andrew Imparato of the American Association of People with
Disabilities and Amelia Wallrich, a student who says she continues to face
discrimination.
Transcript
JUDY
WOODRUFF: Finally tonight: looking at what
the Americans with Disabilities Act changed 20 years ago, and the challenges
that remain today.
o
LINDA ANDRE, Americans with
Disabilities Act Advocate: This is where we blocked the buses.
On July 5, 1978, Linda Andre rolled
her wheelchair off the curb and on to Denver's
busy West Colfax Avenue,
and sat there in the heat for two days. She
was one of 19 protesters who blocked downtown bus traffic to call attention to
dismal access to public transit for the city's disabled. It was part of a long buildup of frustration
and protests among people with disabilities who sought better access to travel,
jobs and activities.
LINDA
ANDRE: We did sit-ins in Washington. We did everything we could, locally, on a
local level, with our legislature and the senators and -- to get it passed. We just wouldn't be quiet.
JUDY
WOODRUFF: Twenty years ago today, things
began to change when President George H.W. Bush signed the Americans with
Disabilities Act into law.
(CHEERING AND APPLAUSE)
GEORGE
H.W. BUSH, Former President of the United States:
You have called for new sources of
workers. Well, many of our fellow
citizens with disabilities are unemployed. They want to work, and they can work. And this is a tremendous pool of people.
(CHEERING AND APPLAUSE)
JUDY
WOODRUFF: That landmark law established
access as a basic right and made it illegal to discriminate against people with
disabilities. It led to more ramps and
lifts to improve entrance to public buses and buildings, curb cuts at
intersection and Braille on signs.
DAWN
RUSSELL, Denver ADAPT: Oh, look at this.
This is Lonnie (ph).
JUDY
WOODRUFF: Dawn Russell works for the group
Denver ADAPT, where office walls chronicle 35 years of the disability movement.
DAWN
RUSSELL, Denver
ADAPT: The ADA
didn't come easy, and it didn't come because politicians thought it was a good
idea. It came because people with disabilities
fought and said, we're going to be equal. We're going to have access.
JUDY
WOODRUFF: Fifty-one million Americans --
that's 18 percent of the population -- have at least one disability. Half of that group have severe disabilities. And nearly 11 million need personal assistants
with daily living skills.
But advocates for the disabled say
much work remains to be done. More than
half of Americans with disabilities are unemployed. Many live unwillingly in nursing homes,
because they can't afford needed aid.
Today and over the weekend, the
law's anniversary and its accomplishment was celebrated around the country. In Denver,
people turned out at the city's Botanic Garden on Saturday for socializing,
speeches and performers. In Boise, Idaho,
today, hundreds circled the capitol building.
The date was noted in the nation's
capital as well. On Capitol Hill,
Democrat James Langevin of Rhode
Island, who was paralyzed in a shooting accident 30
years ago, became the first lawmaker to preside over the House of
Representatives in a wheelchair.
For more now on the impact of the ADA and what more could
still be done, we are joined by Andrew Imparato. He's president and CEO of the American
Association of People with Disabilities, a nonprofit advocacy organization for
the disability community. And Amelia
Wallrich, a student at the University
of Illinois, this summer,
she is interning at the office of Senator Dick Durbin.
Thank you both for being with us.
Andy Imparato, how much difference
has the ADA
made?
ANDREW
IMPARATO, president & CEO, American
Association of People with Disabilities: You know, I think it's been 20 years,
and the difference has been gradual. So,
it is hard, I think, sometimes to remember how inaccessible this country was 20
years ago.
One of my favorite examples is
buses that people take to get around cities. And it was appropriate that you showed ADAPT,
because that was the group that really lead that effort. When the ADA passed...
JUDY
WOODRUFF: In Denver.
ANDREW
IMPARATO: Absolutely, in Denver.
When the ADA passed, less than 5 percent of buses were
accessible for people in wheelchairs. Today,
over 95 percent are accessible. That
happened in 20 years. And that's just
one of many examples where the ADA
said, when you are doing something new, you need to build in accessibility. And it's been an evolutionary process, but our
country is much more accessible today than it was 20 years ago.
JUDY
WOODRUFF: So, it has changed the lives of
people with disabilities?
ANDREW
IMPARATO: It's changed the lives of people. You know, if you are a parent pushing a
stroller, if you are pulling a roller bag behind you, if you are a delivery
person delivering something, you are using all of those features that are there
because of the ADA.
JUDY
WOODRUFF: Amelia Wallrich, you are a young
woman in college. How has it changed
your life? And you use a wheelchair, a
scooter. How has it changed your life? What have you seen?
AMELIA
WALLRICH, student, University of Illinois:
Growing up, I grew up in a very conservative community, where disability wasn't
embraced as it has been in more recent years, as I have gotten to college.
So, the thing for me has really
been about pride in the disability community and pride in my disability
experience, and noticing that it isn't something I have to compensate for. It's a unique perspective that adds to the
human experience.
And so, for me, joining the
disability community and embracing it has really been about pride and the way
that the ADA
breaks down barriers, so that I can embrace that pride.
JUDY
WOODRUFF: Andy Imparato, how do you see a
change for the younger generation and those older Americans?
ANDREW
IMPARATO: Well, I love that we get to do a
congressional internship program and an IT internship program every summer where
I have 18 new college students with disabilities every summer who come to Washington. Amelia is in the program this summer.
And, every year, they impress me
with how high their expectations are for themselves, how broad their visions
are for what they can hope to achieve personally and professionally, how much
they learn from each other and go to bat for each other over the course of the
summer.
So, to me, it just gets me excited.
I think we do have a generation coming
through college right now that has very high expectations for themselves and
will push even more rapid changes moving forward.
JUDY
WOODRUFF: Amelia, what do you see as the
challenges out there? I mean, you are a college student. And I understand you are interested in being a
lawyer. You have been looking into law
school entrance exams.
AMELIA
WALLRICH: Yes.
JUDY
WOODRUFF: Talk about that.
AMELIA
WALLRICH: The biggest challenges are getting
people to recognize that the ADA
and disability access isn't just an issue for the disability community. It's a human rights issue. And, therefore, we
need to be joined by the able-bodied community.
As a disabled person, it shouldn't
just be me fighting. It should be my
family and my friends recognizing that, because I am discriminated against, that
they are as well.
JUDY
WOODRUFF: And how would you -- and, for
example, in trying to take the law school entrance exam, the LSAT, what have
you faced?
AMELIA
WALLRICH: Yes. I have had a set of
accommodations I have used my entire educational career that is backed up and
supported by doctors and disability specialists.
But the LSAT commission feels that
they know better, that they know my disability better than I do that I have
experienced for 21 years. And they have
decided to deny me accommodations.
This puts a huge roadblock in the
future that I have planned, that I have expected, that I have worked for, for
the last 21 years. And so it needs to be
about education, that -- the fact that I know my disability experience, and
that my doctor knows my disability experience. And, therefore, I should be allowed the
accommodations and the equal opportunity to pursue my future that I have been
planning out.
JUDY
WOODRUFF: Andy Imparato, does the ADA give --
is that a tool for someone like Amelia, who is interested in going to law
school, becoming a lawyer?
ANDREW
IMPARATO: Absolutely. The ADA
is a federal civil rights law. So, there
are a lot of entities that may prefer not to comply with the ADA, but it's not an option. It's a law for the whole country.
I think one of our challenges, as
we celebrate 20 years, is that there are still institutions in this country
that are not embracing their responsibilities under the ADA. And you would think that an organization that
promotes justice and access to justice would be a model, but, in my experience,
it's somewhat unpredictable which groups are going to embrace their
responsibilities and which aren't.
AAPD has had a great experience
working with Wal-Mart recently, but I know a lot of folks would say, they
wouldn't expect leadership from Wal-Mart. They would expect leadership from the bar. But, sometimes, the bar, you know, erects
unnecessary barriers.
JUDY
WOODRUFF: And, Andy Imparato, talk about the
employment barriers out there. I mean,
we cited these just stunning statistics earlier. Over 50 percent of people with disabilities
can't find a job.
ANDREW
IMPARATO: That's right. And that number has been relatively flat for
the last 20 years. And I know Senator
Harkin, who is a big champion for the ADA,
is concerned about that. I know Senator Dole, another champion, is concerned.
I think, you know, one of the
reasons why we are not seeing more movement in employment is I think, as a
country, we still don't really expect people with disabilities to work. I will give you a recent example. During health care reform, they were debating
a provision in the bill that made it into the final bill that would enable
people to keep their personal care attendant services and work at the same
time.
And a senator said in a close-door
meeting, well, people with disabilities don't work, do they?
And this just happened. So, I really feel like we still have some work
to do. And that's why we're excited that
President Obama is releasing a PSA today that's going to air all over the
country, both on television and radio, because I think we need that kind of
leadership to help educate people about what the expectations are that people
with disabilities have for ourselves and why it good for the country when we
are working and we are participating fully.
JUDY
WOODRUFF: Amelia Wallrich, what are concrete
things you want to see happen in your lifetime that aren't out there right now?
AMELIA
WALLRICH: I want to see more compliance, a
lot more universal design. I see a lot of businesses moving into old buildings
or constructing new buildings, even, without paying attention to how it can be
accessible until the final decisions of the plans.
JUDY
WOODRUFF: Because, right now, there are still
buildings that you can't get into.
AMELIA
WALLRICH: Yes.
Like, I mean, I go to U-of-I, University of Illinois, in Urbana-Champaign. We're one of the most accessible campuses. But, when I go to town, there's only select
bars or restaurants or various things I can go to. And that affects my social life, as a college
student, which is a big part of the college experience.
And even building new school
buildings, they kind of think about it last minute, instead of thinking about
it from the beginning, thinking, how can we make sure that this building is
accessible for all? How can we make sure that this space works for everyone?
JUDY
WOODRUFF: Andy Imparato, translate that. Put
that on the national scale. What is it
like across the country in terms of accessibility today?
ANDREW
IMPARATO: Well, keep in mind that the ADA required more from new
construction or major renovations. So,
in parts of the country that have had a lot of new construction, there's a lot
more accessibility. That tends to be
urban areas that are doing well, that can afford to do that kind of
development.
But there are still lots of parts
of this country that have major barriers to accessibility. And I think that's going to get better over
time, but it is going to require leadership at the local level. For people to embrace the fact that we have an
aging population and we make these improvements, we're enabling everybody in
our community to participate more fully.
JUDY
WOODRUFF: Main challenge for you and the
disability community going forward?
ANDREW
IMPARATO: You know, I would say our biggest
challenge is a political one. You know,
we want elected officials at all levels to take us seriously as a voting bloc,
as a political constituency.
And I feel like, when that happens,
we will get farther along in terms of the vision of the Americans with
Disabilities Act. We have had wonderful
people, like former President Bush, who signed the law, Bob Dole, Tom Harkin,
Ted Kennedy, Steny Hoyer, Tony Coelho, all these amazing leaders who did this
because they knew it was the right thing to do.
We have yet to have somebody do it
because they are afraid of us as a voting bloc.
JUDY
WOODRUFF: And you are saying that is one of
your goals?
ANDREW
IMPARATO: Absolutely.
(LAUGHTER)
JUDY
WOODRUFF: Well, as I sit across from the
table from you, I don't feel afraid, but...
JUDY
WOODRUFF: ... but I understand what you are
saying.
Andy Imparato, Amelia Wallrich,
thank you very much, both of you.
AMELIA
WALLRICH: Thank you.
ANDREW
IMPARATO: Thank you.
THE UPDATE:
Membership – We now
have 947 members representing 47 states and Puerto Rico. We are also proud to claim members in Canada, Hong
Kong, Australia. Our Board of Directors stands at 31, our
Executive Committee at 6, our Attorneys represent 4 law firms and our
Consultants number 6. We want to
acknowledge here our debt to the members of our Board of Directors and our
Executive Committee for their support, their encouragement and their many kinds
of contributions to our goals. Most
particularly, we want to express our appreciation to our First Vice-President,
Marla Dumas, for assuming that mantle of responsibility. Above
all, our deepest appreciation goes to the attorneys and consultants who handle
all our cases. Contrary to what is
widely believed by the public, these are professionals who, although they earn
their livings, in part, through these efforts, are primarily attracted to this
work by their belief in and dedication to our mission!
Finally, we would be quite remiss if we failed to mention the enormous
contributions of our computer consultants, Gregory
Arkin and Alain Ginzberg, without whom we would not be able
to function! Above all, I want to
express my everlasting gratitude to our assistant extraordinaire, Thomas Miller, for undertaking the task of composing
and typing the bulk of this newsletter and for so much more. Without
him this publication would be impossible to achieve!
A BRIEF OVERVIEW OF OUR LITIGATION:
Since
our September Newsletter, Access Now, Inc.® has made progress in
settling cases in several states. We
have filed a total of 977 cases since our inception. Presently, there are 149 cases with outstanding
Settlement Agreements, requiring alterations or modifications which in several
cases should be completed by August 15, 2010, or later. (Cases involving hospitals and other large or
complex facilities have post-settlement compliance completion dates much
further in the future.)
During the past seven
months, Access Now has entered into 24 additional settlements to make
properties A.D.A.-compliant. They
include:
Hospitals 22
Government 2
Access Now® continues to assert
itself nationally in scope. The 9 states
in which cases have been settled in the last seven months range from the Southeast
to the Pacific shore. Our headquarters
state of Florida
accounted for 16.7% of settlements over that time.
We will keep expanding our
geographical presence as best we can as we continue to receive requests for
information and assistance from around the country and internationally. Please notify us if you become aware of
situations where access continues to be denied.
We remain solidly in the forefront of the fight for accessibility.
The following is a brief listing of
the cases that have been settled since our last newsletter:
Government
City of Huntsville Huntsville, AL
City of Ada/Oklahoma Dept of Transportation Ada,
OK
Hospitals (# of beds)
|
Community Hospital
(389)
|
New
Port Richey
|
FL
|
|
Palmyra Medical
Center
(248)
|
Albany
|
GA
|
|
Spring
Branch Medical Center, Inc. (106)
|
Houston
|
TX
|
|
Regional Medical
Center of San Jose
(204)
|
San Jose
|
CA
|
|
Trident
Regional Medical Center & Summerville Medical Center (396)
|
Charleston
|
SC
|
|
Sunrise Hospital and Medical Center (730)
|
Las Vegas
|
NV
|
|
West Hills
Hospital and Medical Center (236)
|
West
Hills
|
CA
|
|
West
Hills Surgery Center (0)
|
West
Hills
|
CA
|
|
Alaska Regional
Hospital
(250)
|
Anchorage
|
AK
|
|
Dominion Hospital
(100)
|
Falls Church
|
VA
|
|
Tulane
Medical Center (235)
|
New Orleans
|
LA
|
|
Research Belton
Hospital
(71)
|
Belton
|
MO
|
|
Coastal
Carolina Hospital (41)
|
Hardeeville
|
SC
|
|
Frye
Regional Medical Center (355)
|
Hickory
|
NC
|
|
Good
Samaritan Medical Center (326)
|
West Palm Beach
|
FL
|
|
Hahnemann University
Hospital
(496)
|
Philadelphia
|
PA
|
|
Hialeah Hospital
(396)
|
Hialeah
|
FL
|
|
Houston Northwest Medical Center (514)
|
Houston
|
TX
|
|
Placentia-Linda Hospital
(114)
|
Placentia
|
CA
|
|
Saint Francis
Hospital
(519)
|
Memphis
|
TN
|
|
St.
Mary’s Medical Center (463)
|
West Palm Beach
|
FL
|
|
East
Cooper Medical Center (140)
|
Mt.
Pleasant
|
SC
|
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NOTABLE CASES – There are some cases that are
especially important because of their value as precedents or because they
remove significant numbers or types of barriers. Several of those types of cases are listed
below. Please remember that most
defendants in non-class action cases insist on confidentiality as a condition
of signing settlement agreements.
Therefore, we cannot discuss those cases by name, although they number
quite a few. However, several of them
are included in the cases listed above.
1.
Hospitals – We continue to make significant progress in this
area. The total of 22 Tenet Healthcare
Corporation and Children’s Health Corporation of America (CHCA) facilities listed in
this newsletter brings to 187 the total adjudicated at Fair Hearings over the
past two years. The 22 facilities have a
total of 6,329 beds in thirteen states. As
a consequence over 37,000 beds have now been made accessible or are in the
process of being made accessible because of our legal action.
We continue to be
actively involved in cases involving medical institutions because of our strong
belief that they constitute one of the most important ways to enhance the
quality of life of the disabled community.
These hospital settlements will
make a great difference to members of our community. The settlements show that the ADA can work when there
are dedicated advocates and attorneys using it for our benefit.
2.
City of Huntsville, Alabama – A $1.2 million legal settlement approved by the Huntsville City
Council on May 27th will greatly improve handicapped access to the
city-owned Von Braun Center. The city
will create dozens of new handicapped parking spaces around the Center, lower
sinks, toilets and baby changing stations in restrooms, place Braille signs on
elevators, improve wheelchair seating and provide "assistive listening
systems" in the arena, concert hall, playhouse and exhibit halls.
3.
City of Ada, Oklahoma –This case also includes the Oklahoma
Department of Transportation (OK DOT). OK
DOT is giving the City of Ada
$30,000 to provide curb ramps and curb cuts along Highway 99 in the city. The city and OK DOT will also work together
to modify a major intersection along the highway. OK DOT will provide an additional $100,000
for this project to increase accessibility.
Finally, the City of Ada will spend
$50,000 each fiscal year for ADA
accessibility construction, repairs, maintenance or improvements beginning July
1, 2010. This represents an excellent
outcome extending accessibility in Ada,
Oklahoma.
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OTHER LEGAL MATTERS: We want to keep you informed about important
recent litigation around the country, of which you might not be aware, as well
as to update information from our previous newsletters affecting the rights of
the disabled. We think it is important
for our members to keep abreast of successes realized by and within the
disabled community, whether accomplished by Access Now or by other
organizations. We are all in this fight
together!
Starbucks to Pay $80,000 to
Settle EEOC Disability Discrimination Suit
LITTLE ROCK, Ark.
– A Starbucks store in Russellville, Arkansas will pay $80,000 to settle a disability discrimination
lawsuit brought by the U.S.
Equal Employment Opportunity Commission
(EEOC), the agency announced today.
The EEOC’s suit, filed in U.S. District Court for the Eastern District of Arkansas, at Little
Rock, charged that Starbucks failed to hire Chuck
Hannay because of his multiple sclerosis. According to the EEOC, Hannay applied for one
of six open barista positions but was never contacted for an interview. The EEOC alleged that individuals with less
experience and availability were hired instead of Hannay. Such conduct violates the Americans with
Disabilities Act (ADA),
which prohibits employment discrimination based on a person’s disability.
In addition to the monetary relief,
the consent decree approved by U.S.
District Judge Brian Miller enjoins Starbucks from discriminating on the bases
of disability and retaliation. Further,
the decree requires the company to provide training to its managers and assistant
managers on disability discrimination, to submit two reports to the EEOC on the
training and about any complaints, and to post a notice reinforcing the
company’s policies on the ADA.
Starbucks will also make a good-faith
effort to hire individuals with disabilities at its Russellville location by
notifying Arkansas
Rehabilitation Services of all job openings.
“People with disabilities should
have equal opportunities for employment,” said Regional Attorney Faye A.
Williams of the EEOC’s Memphis District Office, which has jurisdiction over
Arkansas, Tennessee and certain counties in Mississippi. “This case demonstrates the EEOC’s commitment
to combating discrimination that prevents individuals with disabilities from
taking their rightful place in the work force.”
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NAD Sues
Wells Fargo/Wachovia over Failure to Accept Relay Calls
August 2009
By Char and Larry Sivertson, Hearing
Loss Web - www.hearinglossweb.com
You'd think that by now everyone
would know that accepting relay calls is not only the right thing to do, but is
legally mandated throughout the US.
Apparently that's not the case, and the National Association of the Deaf
(NAD) is doing something about it!
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The National Association of the Deaf
(NAD) has received many complaints about banks that refuse to accept telephone
calls made through relay services. When
advocacy efforts do not result in appropriate policy changes, sometimes the
only thing left to do is to file a lawsuit in court. In the case of banks not
accepting relay calls, the NAD says, "enough is enough." The NAD and Advocacy, Inc. filed a lawsuit on
behalf of Amy Baxter against Wells Fargo.
The lawsuit alleges that Wells Fargo does not accept
relay calls. As a result, individuals who are deaf or hard of hearing, such as
Ms. Baxter, are not able to place relay calls to Wells Fargo to obtain
information that is available and accessible to hearing individuals over the
phone. Refusing to accept relay calls
deprives deaf and hard of hearing people of their right to equal access, equal
opportunity, and effective communication.
Because Wells Fargo does not accept relay
calls, Ms. Baxter claims that Wells Fargo is in
violation of Title III of the Americans with Disabilities Act (ADA) and section 504 of
the Rehabilitation Act. The lawsuit was
filed with the United States
District Court for the Western District of Texas,
San Antonio.
“The ADA mandated nationwide telecommunications
relay services so that deaf and hard of hearing people can have equal access to
the telephone network," said Michael Stein, attorney for the NAD. "The Federal Communications Commission
has repeatedly explained that relay services are the functional equivalent of
telephone services. If a bank accepts
telephone calls, then it must also accept relay calls.”
“Deaf people, just like hearing
people, need to be able to call banks and other financial institutions,” said
P. Faye Kuo, an attorney with Advocacy, Inc.
"We expect that banks will treat deaf people and hearing people
equally in accepting all telephone calls, including relay calls." The lawsuit asks the court to order Wells Fargo to accept relay
calls from deaf and hard of hearing people, as well as people who have speech
impairments.
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New Rule Extends Disability
Protections to Passenger Ships & Boats
The U.S. Department
of Transportation (DOT) has announced the first federal rule to specifically
provide Americans with Disabilities Act (ADA)
protections to people with disabilities who travel on boats and ships. The rule applies to two categories of vessels
– vessels operated by public entities, such as public ferry systems, and
vessels operated by private entities that are mainly in the business of
transporting people, such as cruise ships.
Under the rule, vessel operators cannot charge extra for accessibility-related
services to passengers, cannot require passengers to furnish their own
attendants, and cannot deny access to passengers based on disability. U.S. Department of Justice (DOJ) regulations
will cover a third category of vessels not covered by the DOT rules – those
operated by private entities not primarily engaged in the business of
transporting people, such as fishing charters and dinner cruise boats. The new DOT rule will become effective 120
days after it is published. We would
like to thank member Joy Tuscherer for this update. For additional information you can visit the
DOT website at http://www.dot.gov/affairs/
2010/dot11710.html
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Steve Gold’s “Treasured
Nuggets of Information”
Steve Gold is very informed and active regarding issues of
Medicare, Medicaid and Home Health Care.
Mr. Gold is a treasure trove of information, and we strongly suggest
that you take the time to view his website at http://www.stevegoldada.com.
We especially recommend two articles
from the April 2010 issue of “Treasured Nuggets of Information”:
Information Bulletin
#307 – U.S.
Department of Justice Speech: Applicable
Throughout the Country
Information Bulletin #
206 – Targeting Low-Income Housing Tax Credits to People on
SSI?
Steve Gold, The Disability Odyssey continues.
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GOVERNMENTAL NEWS
New Publication: Access to
Medical Care for Individuals with Mobility Disabilities
The US Department of Justice, Civil
Rights Division, has issued a new technical assistance publication titled,
"Access to Medical Care for Individuals with Mobility
Disabilities". This 19-page
publication provides guidance for medical care professionals on the ADA's requirement to provide accessible health care to
individuals with mobility disabilities and includes an overview of general ADA requirements, commonly
asked questions, and illustrated examples of accessible facilities, examination
rooms, and medical equipment. It is
available on-line at: http://www.ada.gov/medcare_ta.htm
ADA-OHIO (The Americans with Disabilities Act)
700 Morse
Road, Suite 220, Columbus, OH 43214
614-844-5410
614-844-5537 FAX
adaohio@aol.com http://www.ada-ohio.org/
ADA-OHIO is a nonprofit 501(c)(3)
organization supported by DBTAC - Great
Lakes ADA Center and by Community Shares of
Mid-Ohio.
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OFCCP Getting Serious About VETS &
Disability Obligations
Although
the U.S. Dept. of Labor’s Office of Federal Contract Compliance Programs
(OFCCP) stepped up enforcement of the Rehabilitation Act and the Vietnam Era
Veterans’ Readjustment Assistance Act (VEVRAA) toward the end of the Bush
administration, those efforts pale in comparison with the Obama
administration’s stated agenda. Patricia
Shiu, the new Assistant Secretary over the OFCCP, has announced increased focus
on enforcement regarding veterans and disabled workers. Contending that the agency had done
“literally nothing” for the past eight years in the area of veterans and
disability, Shiu promises change.
Covered
federal contractors and subcontractors are required to take affirmative action
to recruit, hire, train, and retain individuals with disabilities and certain
categories of veterans. These
obligations have, however, previously taken a back seat to enforcement of
Executive Order 11246, which requires the same affirmative action for females
and minorities. Executive Order 11246
requires a detailed analysis of the race and gender demographics in an
employer’s workforce, as well as employment activity and compensation
practices. Where unexplained areas of
disparate impact exist, contractors are often required to pay large amounts in
monetary penalties.
By
contrast, under the Rehabilitation Act and VEVRAA, contractors are not required
to conduct any such analysis, primarily because of the lack of comparative data
for individuals with disabilities and veterans.
In the past, the OFCCP’s enforcement of the Rehabilitation Act and
VEVRAA has included little more than requesting documentation of contractors’
good-faith efforts to recruit individuals with disabilities and veterans during
the course of a compliance review.
Without the analyses, there is also no possibility of monetary recovery.
The OFCCP now says that it will “solicit
recommendations from unions, civil rights groups, community-based organizations
and other stakeholders which are designed to ensure that the regulations
[implementing the Rehabilitation Act and VEVRAA] are responsive to stakeholder
needs and concerns.” To this end, the
OFCCP has been conducting town hall meetings and “listening sessions” to gather
comments from the public regarding possible changes to its regulations. Shiu has said that the agency intends to
publish proposed regulations updating contractor requirements under these laws
in December 2010. There is speculation that the new regulations will require
contractors to analyze their recruitment and hiring efforts with respect to
individuals with disabilities and covered veterans, and to establish numerical
goals for these groups, as is currently required for females and minorities.
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2010 ADA Anniversary Tool Kit Available Online
Improvements in voluntary
ADA compliance have been achieved
through collaborative efforts by national, regional and local Partners and the ADA National Network. See the 2010 ADA Anniversary Tool Kit online
at http://adaanniversary.org/#dyk.
Copyright Permission
Duplication and
sharing is encouraged; please include:
"Credit:
ADA National
Network by DBTAC (adaanniversary.org)"
Alternate formats are available upon
request.
:
opens in a web browser, or designated program, i.e.
Notepad.
,
:
use download: Adobe PDF Reader
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OTHER NEWS
Universal Design (UD) is an issue increasingly in the news as the baby-boom generation begins retiring. Access Now, Inc.® presents the following article by author Tom Kelly as part of our ongoing discussion of this topic.
Universal
design hitting home
Rising long-term care
costs fuel demand for aging-in-place modifications
By Tom Kelly ○ Inman News
Builders are doing an admirable job of
incorporating universal design features in new homes, but baby boomers continue
to be slow in accepting the need for them.
Perhaps you know the type . . . people who do not want to accept the
fact that they will eventually get old.
“I think universal design features can be
likened to the first cell phones,” said John Migliaccio, director of research
at MetLife’s Mature Market Institute.
“At first, very few people used them. Now, they are ubiquitous. In fact, every kid has one. Consumers haven’t
really gotten the message on universal design, but we feel they will.”
The slow acceptance is not unlike the
responses to environmentally friendly homes.
For example, only 12 percent of respondents to a Metlife survey said
they would pay more for a “green” home. The same folks are willing to pay an average
one-time amount of $6,732 if it would save $1,000 annually in utility
costs. While another 23 percent of respondents
said they are concerned about the environment, it does not drive their decision
to purchase.
The educational push by builders, architects
and designers is to remove the “old” association from universal design, also
known as “UD”. Universal design
advocates that all built environments not only be accessible to people
regardless of age, size or physical ability, but also that the features of
these environments be compelling and appear seamless to the design of the
home. These amenities and alternations
can serve all ages, hence its name.
Builders are striving to create universal
design applications that make it easier for someone to carry out daily
activities such as preparing meals, climbing stairs and bathing, as well as
changing the physical structure of a home to improve its overall safety and
condition. These attractive amenities
no longer sing out “An old person lives here!” – and they can also enhance the
resale value of the home.
The tools needed for homeowners to stay in
their homes longer – or “age in place” – were brought to the forefront of the
building community as a result of a cost survey of nursing homes,
assisted-living communities, home care agencies, and adult day care services in
all 50 states and Washington, D.C., that included national figures and data
from 87 individual markets across the country.
For nursing homes, private-pay rates for long-term (custodial) nursing
care were obtained for both private and semi-private rooms throughout the U.S.
The Met
Life study, produced by LifePlans Inc., was conducted by telephone between
July and October 2009. Here are the key
elements of the survey:
·
National average rates
for a private room in a nursing home increased by 3.3 percent from $212 daily
(or $77,380 annually) in 2008 to $219 daily (or $79,935 annually) in 2009.
National average rates for a semi-private room in a nursing home increased by
3.7 percent from $191 daily (or $69,715 annually) in 2008 to $198 daily (or
$72,270 annually) in 2009.
·
National average
assisted-living base rates increased by 3.3 percent, from $3,031 monthly (or
$36,372 annually) in 2008 to $3,131 monthly (or $37,572 annually) in 2009.
·
The 2009 national
average hourly rate for home health aides increased by 5 percent, from $20 in
2008 to $21 in 2009. The national average hourly rate for homemaker/companions
increased by 5.6 percent from $18 in 2008 to $19 in 2009.
·
Adult day care services
national average daily rates increased by 4.7 percent from $64 in 2008 to $67
in 2009.
At assisted-living communities, costs were
obtained for room and board (at least two meals per day, housekeeping and
personal care) in one-bedroom apartments or private rooms with private
baths. Home care rates were based on
hourly rates for home health aides at licensed agencies and agency-provided
homemaker/companion services. Adult day-service
costs reflect daily rates at licensed facilities for the majority, though
licensing requirements vary by state.
The bottom line is that there are not enough
nursing homes to accommodate baby boomers’ future needs . . . even if they
could afford the care. It's about cost
and space. So, a good look at
incorporating universal design applications may be just what the doctor ordered.
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Seeking Knowledge? Get Involved in Disability Policy Forums
The Disability Policy Forums, sponsored by the Cornell
University Employment Policy
Rehabilitation Research and Training Center (RRTC) in collaboration with the American
Association of People with Disabilities (AAPD), are held quarterly in Washington, DC. The topical theme of each Forum is discussed
by nationally and internationally renowned scholars, activists, and policy
makers. The purpose of these forums is
to raise awareness of important disability policy issues and to teach the
public how to participate in disability policy debates in informed ways.
Recent forums have included topics such as “New Directions for Federal Contractors and Disability Affirmative
Action”, “ODEP Update: New Directions for the Office of Disability Employment
Policy at the Department of Labor” and “National Health Care Reform: What’s at
Stake and Where are the Opportunities to Improve Employment Opportunities for
People with Disabilities?”.
The EDI advances knowledge,
policies, and practices to enhance the opportunities of people with disabilities
through our projects,
training, technical assistance,
research and publications. For more information contact Susanne M. Bruyere, Ph.D., Cornell University Employment and Disability
Institute (EDI), 201 Dolgen Hall, Ithaca, New York 14853, (607) 255-7727, (607)
255-2763 fax, (607) 255-2891 TYY, smb23@cornell.edu, http://www.ilr.cornell.edu/edi/p-eprrtc.cfm.
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This is an article that will
resonate with many of us. If you are
receiving this newsletter in the hardcopy version, but do have a computer, you
can paste the link into your browser to read Ms.
Bartlett’s complaint. http://cityroom.blogs.nytimes.com/2010/06/04/complaint-box-its-not-as-bad-as-it-looks/?scp=2-b&sq=jennifer+bartlett&st=nyt
Courtesy for the
Disabled
The New York Times, June 11, 2010
To the Editor:
Re “Slightly Disabled, Not Helpless or Dumb”
(Complaint Box, June 6):
As the only elected official to my knowledge in the
country with cerebral palsy, I read with interest Jennifer Bartlett’s account
of dealing with people who have no idea how to behave toward people with
disabilities. Unfortunately, I have
faced many of the same issues.
Ordinary New Yorkers expect to be treated according to a
simple standard of common courtesy and respect, and those of us with
disabilities are no different. Yet too often we are confronted by strangers who
make bizarrely inappropriate comments or offer unnecessary and unasked-for
expressions of sympathy. There is a
double standard here — as if we are not entitled to the same basic
consideration taken for granted by others in their daily interactions.
While I work hard to ensure that the principle of equality
is incorporated into public policy, Ms. Bartlett’s column is a reminder that
equality begins with respect for people’s differences, and with overcoming
deep-seated preconceptions about people with disabilities.
Micah Z.
Kellner
Assemblyman,
65th District
Albany, NY June 8, 2010
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“NEWS YOU CAN USE”
These items were brought to our
attention by our members.
Watch Blind Golfers as seen on
"Sunday Morning"
Follow the link below to see that
a disability does not trump a passion.
https://www.guidingeyes.org/4796/cbs-sunday-mornings-segment-on-the-32nd-annual-guiding-eyes-golf-classic/#content
This item was brought to our
attention by member R. David New, Ability Explosion 2010. In addition to being
the visionary behind Ability Explosion, David is also Chairperson of the Disability Access Committee of
the City of Miami Beach,
a post which my late husband, Edward S. Resnick, held for 7 years. David is a
worthy successor and a dynamite young man!
Access Now, Inc. ® works closely with Ability Explosion.
You can contact David at: David@abilityexplosion.org.
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+ + + + + + + + + + + + + + + + + + + +
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Ability Explosion 2010 Takes Aim at Miami Beach
Ability Explosion is a weeklong series of special events held in
historic Miami Beach
from October 19th thru 24th and created for the enjoyment
of the entire community. From
"Lights Out Miami Beach" (a dining in the dark experience) to the
Crunch Fitness 5k Run, the mission of Ability Explosion is to celebrate the
diversity of people with disabilities while promoting innovations that will
improve their lives. Ability Explosion
is sponsored by the Miami Beach
Disability Access Committee. The
Committee wants you to share in its vision for not only enriching the lives of
disabled people, but also the lives of people everywhere.
Events include a Music Symposium featuring musical performances put on
by members of the disabled community; “Lights Out Miami Beach”, a unique
simulation that teaches people what it’s like to experience the tastes, the
sounds and the energy of a great restaurant without ever seeing it; the
Resource and Technology Expo showcasing the latest technologies and products
designed to improve the lives of people living with disabilities; the Crunch
Fitness 5K Run, with members of the disabled community and the public at large
invited to compete in the race taking place in beautiful South Beach; a golf
challenge with both able-bodied and blind golfers taking part; a fashion show,
Cooking Without Looking, art projects for the blind, a fashion show and a
comedy event, at which several
professional comedians will perform and much, much more! Access Now, Inc.® is delighted to
be a sponsor of Ability Explosion. We
will keep you informed about the preparations for this exciting event, or you can
visit www.abilityexplosion.org. We strongly urge you to do so!
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