JFActivist

Media Industry Unites Against Obama Administration to Keep Blind People in the Dark

From Wired (12/11/09):

Copyright Owners Fight Plan to Release E-Books for the Blind
By David Kravets

A broad swath of American enterprise ranging from major software makers to motion picture and music companies are joining forces to oppose a new international treaty that would make books more accessible to the blind.

On Monday, dozens of nations will meet in Geneva to consider adopting the WIPO Treaty for Sharing Accessible Formats of Copyrighted Works for Persons Who are Blind or Have other Reading Disabilities. The proposal (.pdf) before a subcommittee of the roughly 180 World Intellectual Property Organization members would sanction the cross-border sharing of DRM-protected digitized books that tens of thousands of blind and visually disabled people read with devices and tools like the Pac Mate, Book Port and Victor Reader...

...Google is the only major U.S. corporation to side with the blind in the international tussle. In filings with the Copyright Office, the company called for American copyright holders to see past their doctrinal opposition to weakening copyright protections...

>>> For the Full Article

From Wired (12/15/09):

Obama Sides With Blind in Copyright-Treaty Debate
By David Kravets

The Obama administration announced Tuesday it supports loosening international copyright protections to enable cross-border distribution of special-format reading materials for the blind, a move that puts it at odds with nearly all of U.S. industry.

The government announced its support for the underlying principle of the WIPO Treaty for Sharing Accessible Formats of Copyrighted Works for Persons Who are Blind or Have other Reading Disabilities. The announcement was made in Geneva (.pdf) before a subcommittee of the the World Intellectual Property Organization, which has about 180 members...

>>> For the Full Article 

For more Articles on this Debate:

Good News from WIPO: U.S. Delegation Supports Visually Impaired Citizens (Inclusion Daily) http://www.InclusionDaily.com/news/2009/red/1215c.htm

American industry gangs up to keep books out of the hands of the blind (The Examiner)

http://www.examiner.com/x-21533-Dallas-Disability-Examiner~y2009m12d14-American-industry-gangs-up-to-keep-books-out-of-the-hands-of-the-blind

Free Financial Service for Disability Community Speaks on Disability-Poverty Link

Excerpt from the Florida Times-Union (12/9/09):
Tour's stop in Jacksonville sheds light on link between poverty, disability
Group raises awareness of link between the two
By Kevin Turner

Johnette Hartnett, director of research for the National Disability Institute, choked up on emotion while going through statistics before a group of about 100 listeners Tuesday morning at Jacksonville's Main Library. The statistics painted a clear picture: More Americans are falling below the poverty level, and many of them are people with disabilities.

And it's not like she hasn't read those statistics before. Hartnett also is director of the Real Economic Impact Tour, which has been to more than 40 cities this year to raise awareness of issues that face people with disabilities and the opportunities they might not know are available to them. The tour is a national, public/private initiative dedicated to helping low-income people with disabilities earn and save money and obtain free tax preparation and filing help.

>>> For the Real Economic Impact Tour Website

The statistics showing parallels between people with disabilities and poverty never lose their impact to her, Hartnett said.

"I was raised by parents who had disabilities," she said after her speech. "My mother had polio and my father had cerebral palsy. What I think is stunning is that there is so much poverty in the country. There's been an increase from 12 million to 17 million of people in this country who live on $9,100 a year - half the federal poverty level. It is getting worse. And poverty is linked to disabilities."...

>>> For the Full Article

Upcoming Call - Service Animals: Unraveling the Differences and Best Practices

From JFA Reader-Lorre Leon:

Service Animals: Unraveling the Differences and Best Practices
 
Tuesday, January 19th, 2010, 2:00 PM- 3:30 PM
The rights of people with disabilities who use service animals vary, depending on which law applies. The Americans with Disabilities Act, the Air Carrier Access Act, and the Fair Housing Act each have different standards for service animals and their owners. Complicating the topic even further is the issue of the definition of service animals, especially in relation to emotional support or therapy animals. This session will provide information about the definition of service animals and the rights of service animal owners under the ADA, the ACAA, and the FHA. We will also discuss the differences in how the various laws treat service animals versus emotional support or therapy animals, as well as model service animal policies for educational institutions and healthcare facilities.
Speakers: Jacquie Brennan, Attorney, DBTAC-Southwest ADA Center
Guest Moderator: Wendy Wilkinson, Project Director, DBTAC-Southwest ADA Center
To register visit www.ada-audio.org. Those wishing to participate are also invited to join us at our office for the audio conference free of charge.
For more information please call us at 1-800-949-4232 (v/tty).

Comparison of Health Care Reform Options: What Reform Means to You

From PICO National Network (12/22/09):

This morning the Senate cleared another hurdle toward passage of health reform by Christmas, setting up negotiations between the Senate, House and White House over the final legislation that is expected to be sent to President Obama in mid- to late January. 

 

We've had a lot of questions about what is in the Senate and House bills.  Click here for a chart that compares the current status quo on health care with the Senate and House legislation.   The chart focuses on aspects of health reform that most people would experience in one way or another. 

 

The House and Senate bills are similar in imposing much stronger regulation of insurance companies and setting up a framework for universal health coverage...

...As Congress moves toward sending a final bill to President Obama, we encourage you to continue to call your Representatives and Senators... Call your Members of Congress toll free at (866) 279-5474.

From the JFAModerator:

As you can see from the bill comparison, most of pivotal provisions that would directly affect the disability community have been included in both bills: bans on pre-existing condition exclusions and annual and lifetime benefit limits, limits on out-of-pocket expenses, closure of the Medicare "donut hole" and increases in Medicaid eligibility. What is not in this summary is that BOTH the CLASS Program and the Community First Choice (CFC) Option are included in various forms in BOTH the House and Senate bills which puts us in a good position moving into the next step where the bills are reconciled.  

>>>For more on the CLASS Program and the CFC Option

  >>> To Download A More Detailed Summary of the Senate Health Reform Bill on Disability Issues

DC, FL, AL, TX, OR and CT: More accessible cabs hit cities

From USA Today (12/20/09):

More accessible cabs hit cities
By Greg Latshaw

Traveling around Washington, D.C., is a challenge for Bobby Coward, a quadriplegic, who in his job for DIRECT Action, a non-profit organization advocating rights for the disabled, frequently has to go to conferences and counseling sessions.

Coward, 45, of Washington, uses a motorized wheelchair and says he often relies on public transportation. Broken elevators have stopped him from reaching the subway, and crowds and out-of-order lift devices have kept him off the bus, he says...

For years, Coward has wanted wheelchair-accessible taxis to be available in Washington. He'll get his wish in January, when a fleet of 20 Toyota Sienna minivans retrofitted for wheelchair use is expected to go into full service, says Wendy Klancher, the senior transportation manager for the Metropolitan Washington Council of Governments.

Washington is one of a growing number of local governments across the USA tapping into Federal Transit Administration funds to jump-start accessible taxi services in their area, says Alfred LaGasse, chief executive officer of the Taxicab, Limousine & Paratransit Association in Rockville, Md.

The federal funds, known as New Freedom grants, give taxi companies the incentive to run an accessible cab service, for which start-up costs are high and profit potential is unproven, LaGasse says. The grants have spurred companies to invest in the service in cities including Pensacola, Fla.; Mobile, Ala.; Houston; Coos Bay, Ore. and New Haven, Conn., he says...

..."The best thing about accessible taxis that isn't talked about is that it could replace the huge paratransit cost for most of the U.S.," says Jim Weisman, co-founder of the American Association of People with Disabilities...

>>> For the Full Article

WI: Stimulus Funds Used For Seclusion Rooms

From Greenfield Now (12/15/09):

Greenfield district's stimulus funds fill special school needs
Officials await final approval from state

By MARK SCHAAF

School district officials now have a good idea about how it will use some of its federal stimulus money.

"Seclusion areas" for special education students would be built at three elementary schools and the middle school...

The School Board approved the plan Monday, and the district must now get final approval from the state Department of Public Instruction...

The seclusion areas are designed as another intervention option for special education students who are disruptive in class.

According to a report to School Board members, teachers now have makeshift segregation areas where students are assigned after a "timeout" to cool down and process through their behaviors under a teacher's supervision.

The new permanent areas, with a door and a window, will be soundproof and padded. Guidelines for how the seclusion area would be used would vary from student to student...

>>> For the Full Article

FDA Seeking Public Comment on Electroshock Therapy

***Take Action***

Tell the FDA what you think about Electroconvulsive Therapy (a.k.a. Electroshock Therapy) by January 8, 2009

Comments can be sent either by mail or electronically, but in either case must include the docket number, which is FDA 2009-N-0392.

The address for written comments is:
Food and Drug Administration
Dockets Management Branch (HFA-305)
5630 Fishers Lane, Room 1061
Rockville, MD 208252
Re: Docket #FDA 2009-N-0392

Submit electronic comments at: http://bit.ly/FDAECT

From Linda Andre, Director of the Committee for Truth in Psychiatry (12/3/09):

OPPORTUNITY TO COMMENT ON ECT (Electroconvulsive Therapy) UNTIL JANUARY 8, 2010

Dear Friends and Fellow Advocates,

Many of us in the disability rights movement, especially those of us living
with psychiatric disabilities or labels, have good reason to be concerned
about ECT (shock treatment): We've had it or know folks who have and we know
that psychiatrists aren't honest about its permanent adverse effects. We
also know that shock is frequently forced on people who say no to it.

Now there is something all of us can do about shock: we can tell the federal
government to investigate it for safety.

The government has the power to do this through the Food and Drug
Administration, which regulates the machines used to give shock. (For all
intents and purposes, the machines and the treatment are the same thing.)
Did you even know that the shock machine has, for over thirty years, been
exempted from the scrutiny that all other medical devices must go through?
That it has never undergone even one clinical safety trial, and that the
manufacturers have never provided nor been asked to provide a single shred
of evidence that their devices are safe? It¹s true. (I tell the whole story
of the battle between doctors and patients over whether shock should be
investigated or not in my new book "Doctors of Deception: What They Don¹t
Want You to Know About Shock Treatment" from Rutgers University Press,
http://doctorsofdeception.com)

In other words, a generation of shock patients have been experimented on
without their consent. And they¹ve submitted to a procedure without knowing
its risks.

But those of us who¹ve had it know that shock always causes permanent memory
loss, brain damage and cognitive deficits. And this often results in
permanent, preventable iatrogenic (doctor-caused) disability.

That's why organized shock survivors and our allies have been lobbying the
FDA for a safety investigation of ECT for over 30 years, without success.
The American Psychiatric Association opposes an investigation.

Now the FDA is being forced to take action; it can no longer delay a safety
investigation of the ECT device (known as a PreMarket Approval Application
in FDA language) but it will not risk running afoul of the APA. As a way
out, it is looking at simply administratively reclassifying the shock
machine from Class III (the high risk category for medical devices which
have not been proven safe and must be investigated for safety) to Class II
(the low risk category for devices such as X ray machines and mercury
thermometers). If it did so, the ECT device would never, ever have to
undergo any clinical trials. Reclassification would mean the FDA agrees to
accept the APA¹s word that shock is safe, without scientific evidence.

As it ponders its next move, FDA has done one good thing: It has asked for
input from the public.

It has opened an official public docket on ECT and by law must read and
consider everything sent to it. But comments will only be accepted up until
January 8, 2010.

It is important that all of us who are concerned about the rights of labeled
and dislabeled people write. The comment can be about personal experiences
of yourself or others or simply an appeal to science, logic, and the FDA¹s
duty to protect patients. A good point to make is that if the FDA
administratively declares shock safe without an investigation, patients will
not have the information we need to make our own decisions about what
happens to our brains and bodies. Another good point is that shock is often
administered involuntarily, and since shock machines are the only Class III
medical devices that can be used on a person against his or her will, the
FDA has to be more cautious in regulating these devices, not less.

A short comment would be as follows:

I oppose the reclassification of the ECT device to Class II in the absence
of adequate scientific evidence of its safety, and request that the FDA call
for PreMarket Approval Applications for the device.

Comments can be sent either by mail or electronically, but in either case
must include the docket number, which is FDA 2009-N-0392.

The address for written comments is:

Food and Drug Administration
Dockets Management Branch (HFA-305)
5630 Fishers Lane, Room 1061
Rockville, MD 208252
Re: Docket #FDA 2009-N-0392

Submit electronic comments at: http://bit.ly/FDAECT

Please copy, forward and snowball this message! Every comment is counted and
every one is important.

NCD in Houston to Listen to Issues Affecting People with Disabilities

From NCD (12/17/09):

National Council on Disability to Hold Houston Meeting to Hear Issues Affecting People with Disabilities

WASHINGTON—The National Council on Disability (NCD) will conduct its next quarterly meeting at the JW Marriott Houston, 5150 Westheimer, Houston, TX, beginning at 8:30 a.m. on Tuesday, January 19, 2010, and ending at 11:00 a.m. on Thursday, January 21, 2010. This meeting is open to the public.

NCD believes it is vital to hear from communities around the country on what works and what does not for people with disabilities. This meeting will provide another opportunity for that exchange. The agenda will include, among other things, presentations by the Honorable Kathleen Martinez, Assistant Secretary of Labor for Disability Employment Policy, and Lex Frieden, Professor of Health Informatics and Professor of Rehabilitation, University of Texas at Houston; presentations on emergency preparedness and youth with disabilities in transition; and two releases of NCD research projects: Workforce Infrastructure in Support of People with Disabilities and The State of Housing in America in the 21st Century: A Disability Perspective. 

A specific time is also designated to receive public comment, supported by a toll-free call-in line, and input is encouraged and greatly appreciated. Individuals or organizations can also provide written comments by e-mail, fax, or mail. A public comment session will be held Wednesday, January 20, from 11:30 a.m. until Noon, CST. The toll-free call-in number is (888) 790-6568, and the pass code is “NCD Meeting.” Written comments on disability-related issues of concern or interest can also be emailed to mquigley@ncd.gov at any time.

A reception will be held at the hotel for meeting participants, audience members, and stakeholders from the disability community on Wednesday, January 20 from noon until 1:30 p.m. Additional details about the meeting will be posted on the NCD Web site as soon as they become available. You will also find the meeting agenda posted there approximately 10 days before the meeting is scheduled, and written comments for Council consideration can be submitted at any time by writing to ncd@ncd.gov.

The purpose of NCD, an independent federal agency, is to promote programs, practices, policies and procedures that ensure full inclusion of people with disabilities into all aspects of society. NCD accomplishes this mission by providing advice and making recommendations to the President, Congress, governmental agencies, and other stakeholders.

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.

White House Seeks Leaders with Disabilities for Fellows Program

From the White House:

President Obama and Mrs. Obama would like your help to encourage talented leaders with disabilities to apply to the White House Fellows program. 

Obviously, we are committed to inclusion of people with disabilities but we need you all to spread the word and help identify qualified candidates.

Please very carefully review the type of candidate that should apply to this type of program.

The White House Fellowship is one of the nation's most prestigious programs for leadership and public service.  Each year, 11-19 exceptional young men and women are selected to spend a year in Washington, D.C. to gain first-hand experience in the process of governing the nation at the highest levels of the Federal government. 

Candidates need to be promising young leaders who are excelling early in their careers and are committed to leadership and public service.  Thus, this is not for students but rather for individuals already into their careers.

Attached is a letter from President and Mrs. Obama.  Please share this message with qualified applicants and/or organizations in your network that can help identify such candidates. 

>>>Download President and First Lady Obama White House Fellows Message

Learn more about the White House Fellowship http://www.whitehouse.gov/fellows 

Download the application http://www.whitehouse.gov/about/fellows/apply1  

The information about the program is on the website.  Applicants should follow the procedures using the on-line links above.  The deadline is February 1.

AAPD Launches Facebook Fan Page

In an effort to maintain the most up-to-date, cutting edge communications for and with our constituents, AAPD launched a Facebook Fan Page on December 15, 2009. This new technological outlet is designed to replace the Facebook Group; we feel the fan page features will help serve both AAPD and our AAPD Facebook members better. The FB Group will closing as of Dec. 31, 2009.  We hope all our loyal groupies will transition with us onto this new platform.

Whether you have been a group member or are looking to connect with AAPD on Facebook for the first time, we invite you to follow us on our new Fan page at http://bit.ly/5WpDKV. We can’t wait to see you there!

Thanks!
Rebecca Panoff
Communications Manager