From AARP Foundation Litigation, Bazelon Center for Mental Health Law, Disability Rights and Education Fund (DREDF), Howrey LLP, and Protection & Advocacy, Inc.:
FOR IMMEDIATE RELEASE
Contact: Elissa Gershon
Staff Attorney
Protection & Advocacy, Inc. (CA) c/o NDR
Phone: (510) 267-1223
E-Mail: Elissa.Gershon@pai-ca.org
September 18, 2008
Groundbreaking Settlement Agreement with San Francisco: New Housing and Community Services Created for Seniors and Adults with Disabilities
San Francisco, September 18, 2008 — Today in federal district court, Judge William H. Alsup granted final approval of the settlement agreement in the civil rights class action filed to prevent unnecessary institutionalization of people with disabilities at Laguna Honda Hospital, Chambers et al. v. City and County of San Francisco. The settlement will greatly increase community-based housing and service options in San Francisco as well as improve coordination of care.
Mark Chambers, lead plaintiff in the lawsuit and someone who has lived in Laguna Honda Hospital since 1999, was at the fairness hearing today. He told Judge Alsup that he was proud to represent San Franciscans with disabilities in the case, and that he looked forward to moving out on his own, with services and supports. He hopes to be first in line to qualify for one of the accessible housing units that San Francisco will secure under the Agreement. Up to 500 city funded subsidies will make such units affordable for class members.
The lawsuit was brought in the Northern District of California by six individual plaintiffs who are or were residents of Laguna Honda, as well as the Independent Living Resource Center of San Francisco (ILRCSF) as organizational plaintiff. Co-counsel on the case are Protection & Advocacy, Inc. (soon to be Disability Rights California), AARP Foundation Litigation, the Bazelon Center for Mental Health Law, Disability Rights Education and Defense Fund (DREDF), and the law firm of Howrey LLP, pro bono.
Herb Levine, Executive Director of ILRCSF, echoed Mr. Chambers' enthusiasm, saying that "the inclusion of housing subsidies in the agreement is a landmark event in Olmstead litigation, and we hope it can provide a framework for future efforts to promote integration." Olmstead refers to a 1999 Supreme Court decision, Olmstead v. L.C, requiring states to support community-based options for people with disabilities in order to prevent unnecessary institutionalization.
In granting final approval, Judge Alsup congratulated the parties and said that this settlement is one of the better ones he has seen in terms of outcomes.
Elissa Gershon, lead attorney from the Oakland office of Protection & Advocacy, Inc., said that, "This is an exciting day for Mark and for other Laguna Honda residents. We look forward to collaborating with San Francisco in implementing this groundbreaking agreement, which will improve the lives of hundreds of San Franciscans with disabilities and provide a model for community integration in other cities and states.
"This settlement will not only bring about changed circumstances for class members, but a changed mindset about disability and independence, dignity and community integration," states DREDF's Directing Attorney Arlene Mayerson. "It is a step forward in recognizing that individuals with disabilities are not just "patients," but full members of our communities."
Henry Su, a Howrey LLP partner on the plaintiffs' legal team, observed that "the settlement agreement exemplifies what the parties can accomplish in a collaborative environment; the parties have developed practical and workable solutions to make Olmstead real. Congratulations to Mark and the other plaintiffs."
Jennifer Mathis, of the Bazelon Center noted, "We are very encouraged that San Francisco is making real integration possible. Laguna Honda residents deserve a chance to live normal lives and participate as members of their communities."
Settlement Summary
Among its many provisions, the agreement creates an innovative program to coordinate services across city departments, enabling San Franciscans with disabilities who live at, or are referred to, Laguna Honda, to instead receive community-based housing and services. Eligible individuals will be assessed for, referred to, and provided with subsidized housing, attendant and nursing care, case management, substance abuse treatment, mental health services, and assistance with meals.
In addition, several hundred Medi-Cal Home and Community-Based waiver slots, which allow people to receive long-term health care in their homes instead of in institutions, will be made available to those who qualify. These waivers should bring millions of dollars in federal and state Medicaid funding to San Francisco.
Innovative Housing Program
Another exciting and innovative aspect of the agreement is the development of a rental subsidy program, through which San Francisco will, over the next five years, secure and subsidize scattered-site, accessible, independent housing for approximately 500 people with disabilities and seniors who are eligible for community-based services.
To review the entire Settlement Agreement, please visit http://www.pai-ca.org/news/lhh/index.htm
I would like to know if anyone has had success installing playground equiptment in their local parks and surrounding cities. I began my quest with my city in april of 2007. It took our mayor (a personal friend) to require all departments to donate any left over funds in their budgets to scrape up $4,000.00 for 1 swing. I need to know if there is a better way to get more equiptment installed as I don't have any personal friends in other cities.
Warmest regards,
Celia
Posted by: Celia Soto | September 21, 2008 at 11:47 AM
In 1993 or 04 we covered the construction of a huge playground system in Lincoln City Oregon. At the time this coastal community had about 13,000 full time residents, about the same amount of second home owners and hosted about a million tourists a year. An architect who owned a vacation home donated the design and plans. After the city council and planning commission approved the project community leaders went to work organizing donations and volunteers.
The city prepared the site and several building supply companies donated the materials. A work party was scheduled and in one weekend local contractors and private citizens built this huge wooden structure that incorporated every piece of playground equipment on the market and then some. The wooden structure fit perfectly with this forested park located on the west shore of Devils lake. The materials were delivered Friday afternoon and the construction was completed by Sunday afternoon. Over 200 volunteers contributed labor and the local service clubs provided food and drinks. It has become one of the city's most popular family tourist destinations. Only the casino draws more people and they spend big bucks to create that traffic. Google Lincoln City Oregon and one of the sites should have a feature story with photos of the park and playground. It was one of the best community projects I have ever expirienced. Most of the time involved selling the city council and planning commission on the project. After the project was approved the organizers began promoting the playground and contacting the business leaders with the expertice and resources to make it happen. The rest of the community followed their lead and contributed what ever they could. Because this project served the entire population the participation of locals and visitors was incredible. All it took was one persons vision and their desire to give something back to their community to start the process. (An ethic and example todays business leaders and Wall Street crooks should be forced to learn while they serve the prison terms they all deserve. But that's another story.) I hope this helps and best of luck. Jeffrey.
Posted by: Jeffrey Stevens | September 23, 2008 at 10:49 AM
good read bookmarked will return to read more posts
Posted by: acaiberrypills | February 10, 2009 at 02:46 AM
I'm living in a hotel ,poorly managed by a Patel, and for the last two months they have a electrical key lock on the elevator board. This requires resident to use stairs to second floor to use ele. . To exit building occupant boards ele. on say sixth floor goes to two open cage door then outer door and asks desk clerk to unlock key board to continue to ground floor. Also no compliant toilets or showers. Is This Legal. Thanks
Posted by: Dale Naymik | July 19, 2010 at 08:35 PM