JFActivist

Department of Justice Holds Celebration of the 20th Anniversary of the ADA

DOJ Event Explores How the ADA was Created

By AAPD Policy Intern Zoe Levenson & Advocacy Intern Ross Valore   

The Department of Justice (DOJ) Civil Rights Division held their Celebration of the 20th Anniversary of the Americans with Disabilities Act on Friday, July 23, 2010, in the DOJ’s Great Hall. Beyond the spectacle of the room itself, the lineup of speakers and their respective contributions to the ADA left everyone on the edge of their seats throughout the entire program.  The keynote addresses were given by Attorney General Eric Holder, former Attorney General Dick Thornburgh, and former House of Representatives Majority Whip Tony Coelho with Assistant Attorney General for Civil Rights Thomas Perez moderating.

Each of the speakers discussed his unique experience in working to get the ADA passed and outlined some of the positive changes that have come about since its passage. Each speaker also spent time explaining their personal relationship to the ADA, giving firsthand accounts of the discrimination that the disability community was faced with prior to the ADA’s passage. During former Attorney General Dick Thornburg’s address he echoed the words that were said by George Bush at the signing of ADA twenty-years ago, “let the shameful wall of exclusion finally come tumbling down”, which in turn served as a call to action for advocates to continue their mission to achieve equal rights for those with disabilities.

 The Department of Justice 

The DOJ followed the speakers with a panel comprised of Bob Burgdorf, Chai Feldblum, Arlene Mayerson, Bobby Silverstein, John Wodatch and moderated by Sam Bagenstos, Principal Deputy Assistant Attorney General for Civil Rights.  This distinguished panel discussed the hard work that preceded the drafting of ADA legislation, from Bob Burgdorf crafting the first law school casebook on the rights of people with disabilities to Arlene Mayerson testifying before Congress defending the rights set forth in the ADA. The panel also talked about the significant work done behind the scenes at the congressional level in order to get the ADA passed: Without the work of people like Justin Dart and the many other grassroots advocates the ADA would never have been passed.

To watch a webcast of the DOJ ADA Celebration: http://www.ada.gov/2010adacelebration/ada20webcastinfo.htm

To read Attorney General Eric Holder’s keynote address: http://www.justice.gov/ag/speeches/2010/ag-speech-100723.html

To read on AAPD’s website about more events celebrating the 20th anniversary of the ADA: http://www.aapd.com/site/c.pvI1IkNWJqE/b.6076337/k.62D9/ADA_20th_Anniversary.htm
 

Poetic Insight on the 20th Anniversary of the ADA

Signs of Changing Times     by R.R. Williams

To view in word click here.

For once 
There was no
razor-pitched shrillness

No harangues

No self-righteous
demagoguery

No more yielding
To the next Senator’s
  latest whim.

Because for once
there was only silence

The silence of truth.

Sign spoken
on the Senate floor

Brother to Brother
across our nation.

Deep into its heartland

He stood there tall:

Silent, firm and resolute
like another man of
 the prairie

Painting a sign of
 changing times

A mosaic, a dream
of what some day
 will yet be

A More Perfect Union
abroad in our land.

Declaring:
In a bold, sweeping
symphony of arms,
 hands, fingers and heart.

That with this day
and with this law

We were saying NO

NO to exclusion
NO to isolation
NO to segregation

No to the one true crippler:

Injustice in our land.

With his signs
and with his words
and with his tears,

He set us free.

Freeing our tears
from the  back wards
of our hearts.

Tears
that streamed down
our faces freely,
proudly now.

Like
so much unwritten history
on to a blank page.

Tears for dreams.

Dreams deferred;

Nightmares remembered;

Dreams, sweet dreams;

Dreams yet to be dreamt. 

Get Your State to Apply for Money Follows the Person Program

MFP Program to Provide Extra 2.25 Billion to States to Help Transition those from Institutional Living Back to the Community

From Henry Claypool, HHS Director of Office on Disability:

This week, as the country celebrates the 20th anniversary of the passage of a landmark civil rights law, the Americans with Disabilities Act (ADA), I wanted to bring to your attention to provisions in this year's Affordable Care Act that offer states new opportunities to build on gains made under the ADA. Over the past two decades, the ADA has provided greater opportunities for 54 million Americans with disabilities to live and work in their communities. With the passage of the Affordable Care Act, the nation moves closer to fulfill the promise of the ADA by ending discrimination based on pre-existing condition or disability.

The Affordable Care Act offers numerous opportunities for people with disabilities, including new options for states to deliver on the promise of the ADA and adhere to the principles of the Supreme Court's Olmstead decision. 

One important opportunity in the Affordable Care Act is the extension of the Money Follows the Person (MFP) program.  The MFP program has helped states build the infrastructure necessary to help people move out of institutions expand access to home and community based services. The Affordable Care Act, through the extension of MFP, provides an additional $2.25 billion for fiscal years 2012-2016, to support state efforts to transition individuals from institutional living back to the community. States currently participating will now have an opportunity to expand the scope of programs and a grant solicitation to bring new states into the program has been released.

The following states have not yet applied for a grant under the MFP program:

Alabama
Alaska
Arizona
Colorado
Florida
Idaho
Maine
Massachusetts
Minnesota
Mississippi
Montana
Nevada
New Mexico
Rhode Island
South Dakota
Tennessee
Utah
Vermont
West Virginia
Wyoming

The Department of Health and Human Services sent a letter to the Governors of all states inviting them to apply. You will find a copy of the letter here.

The Centers for Medicare and Medicaid Services will continue to communicate to stakeholders the numerous new opportunities to strengthen the Medicaid home and community-based system afforded by the Affordable Care Act.  This link will take you to the solicitation that CMS released on Monday. https://www.cms.gov/CommunityServices/Downloads/MFP2011SolicitationOAGMFinal_July23.pdf

Government Seeks to Employ More People with Disabilities

Obama Executive Order Seeks to Increase Federal Hiring of Persons With Disabilities

From Daily Labor Report (7.26/2010):

On the 20th anniversary of the Americans with Disabilities Act, President Obama July 26, signed an executive order aimed at increasing federal hiring of persons with disabilities. According to the White House, the executive order fulfills a pledge by the president to make the federal government a model employer of people with disabilities.

The executive order establishes mechanisms such as mandatory training for hiring managers and requires agencies to prepare strategic plans to be approved by the Office of Personnel Management and the Office of Management and Budget.

The order also requires OPM to develop model guidelines and assistance for hiring people with disabilities, report to the president about progress, and publicize results on a website as a way to promote transparency, the White House said. Obama held a signing ceremony on the lawn of the White House, attended by cabinet secretaries, administration officials, and advocates for the disabled. The president said it was a honor to be with the audience on the 20th anniversary of “one of the most comprehensive civil rights bills in the history of this country.”

He said it was the goal of his administration to advance the ADA so that not just the letter of the law, but the spirit of the law, is applied across the country. Signed under Bush Administration Obama said he spoke with former President George H.W. Bush, under whose administration the ADA was signed, just prior to the ceremony. “Today, as we commemorate what the ADA accomplished, we celebrate who
the ADA was all about. It was about the young girl in Washington state who just wanted to see a movie in her hometown theater, but was turned away because she had cerebral palsy,” Obama said. Separately, the president issued a proclamation declaring July 26 the anniversary of the ADA.

The proclamation also stated that the federal government is committed to leading by example in hiring people with disabilities, with focused efforts to recruit, retain, and support these public servants. “In partnership with the many federal agencies and departments with ADA responsibilities, my administration will uphold strong and meaningful enforcement of the ADA to eliminate discrimination in employment, housing, public services, and community accommodations,” the proclamation stated. The president also urged all Americans to visit Disability.gov for comprehensive disability-related information and resources.
   

Bi-Partisan Support Leads to Passage of H.R. 3101

AAPD Delighted that H.R. 3101, 21st Century Communications & Video Accessibility Act of 2010 Passes the House on ADA 20th Anniversary With Bi-Partisan Majority

By AAPD Staff Jenifer Simpson, Zoe Levenson, and Ross Valore (7.28.2010):

Staff from AAPD were present in the U.S. House of Representatives when Ed Markey (D-MA), introduced H.R. 3101, "The Twenty-First Century Communications & Video Accessibility Act" on Monday July 26, 2010 about 2 p.m. By the end of the day, the House Members had passed the measure by a large majority with 220 Democrats and 128 Republicans voting for H.R. 3101.  Critical to passage was the bipartisan support the bill generated, lead by Rep. Cliff Stearns (R-FL), the Ranking Member of the House Subcommittee on Communications, Technology and the Internet. Strongly supporting the bill’s passage was House Energy & Commerce Committee Chairman Henry Waxman (D-CA). On the House floor, before the voting, he said: “Today, as we mark the 20th anniversary of the landmark Americans with Disabilities Act, the House is giving Americans with disabilities access to smart phones, other communications technology, and video programming.”  He added: “This bill ensures that millions of Americans with disabilities can participate in our 21st century digital society.

 Eric Bridges, Director of Advocacy and Governmental Affairs at the American Council of the Blind (ACB), calls his organization after the historic vote by the U.S. House of Representatives for H.R. 310

Read H.R. 3101 Summary here

Sitting in the House Visitors’ Gallery and present for the bill’s floor introduction and vote were leaders from the Coalition of Organizations for Accessible Technology (COAT), the disability coalition instrumental in securing this bill. These included representatives from AAPD, the American Foundation of the Blind, the American Council of the Blind and the National Association of the Deaf.  Tony Coehlo, AAPD Board Chairman, was also present on the House floor at the event.

 United States Capitol Building, Washington, DC

AAPD notes that 61 Members of the U.S. House of Representatives did not vote on H.R. 3101-- either they were out of town or not voting for another reason -- and that 23 Members voted against the measure. To see the list of those who voted for and against the bill check here.

Advocates would like the U.S. Senate to accept the House version of the bill rather than the Senate version, S. 3304, as H.R. 3101 has more provisions that safeguard consumers with disabilities and that were worked out collaboratively with industry representatives. Advocates expect the U.S. Senate to move soon.

See Rep. Cliff Stearns (R-FL) Press Release here

See Rep. Ed Markey (D-MA) Floor statement here

Check out the House and Energy Commerce Committee Passage Announcement here.

Click here to see the full text of the bill H.R. 3101.

NPR Covers ADA Anniversary: call in or emall questions today

NPR's show TALK OF THE NATION will devote an hour to the 20th Anniversary of the ADA, Wednesday, July 28th, 2-3 pm Eastern Standard Time.

Call in to the show, 800-989-8255 or you can e-mail a question, using the form at this link http://www.npr.org/contact/totn.html.  

USA and AAPD Join Together to Recognize ADA

USA’S ‘COVERT AFFAIRS’ PARTNERS WITH
THE AMERICAN ASSOCIATION OF PEOPLE WITH DISABILITIES
TO HONOR THE 20TH ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT

As Part of Network’s Characters Unite Campaign, Series Star Christopher Gorham to be Featured in an Original PSA on Combating Discrimination

NEW YORK, NEW YORK – July 26, 2010 – As part of its Characters Unite campaign to combat prejudice and discrimination, USA Network and its new, hit series COVERT AFFAIRS are teaming up with the American Association of People with Disabilities (AAPD) to commemorate the 20th anniversary of the Americans with Disabilities Act (ADA), it was announced today by Alexandra Shapiro senior vice president, brand marketing and digital, USA Network.  COVERT AFFAIRS premiered on July 13, 2010, and is the #1 cable scripted series premiere in the important A18-49 demographic and also showed growth in total viewers for its second episode.

Christopher Gorham, who portrays a blind CIA operative (Auggie) in COVERT AFFAIRS, will be featured in an original Public Service Announcement (PSA) that highlights the progress of the ADA, which barred discrimination in employment against qualified individuals with disabilities.  The PSA will premiere in the July 27th episode of COVERT AFFAIRS, the day after the 20th anniversary of when the landmark bill was signed into law.

“Thanks to the ADA, millions of people with disabilities like Christopher Gorham’s character have been able to work in virtually every field and every type of business, even the CIA,” Shapiro said.  “But we also know that barriers for people with disabilities remain and we are proud to partner with the AAPD in our Characters Unite campaign to raise awareness and encourage viewers to join the fight against persisting discrimination.”

In addition to the PSA, USA will provide information for visitors online at charactersunite.com, including facts and statistics on people with disabilities in the workplace and links to important resources such as the AAPD and The Job Accommodation Network (JAN), a free service that offers advice and information about workplace accommodations.

“As we celebrate 20 years of enforcement of ADA, we at AAPD are delighted to partner with the USA Network’s Characters Unite campaign and the ‘Covert Affairs’ team to promote authentic depictions of disabled characters on television,” said Andrew J. Imparato, president and CEO of AAPD.  “This exciting new program will help change attitudes, and the PSA being launched this week will accelerate and amplify the show’s inclusive message.”

In COVERT AFFAIRS, USA’s newest original series, we meet Annie Walker (Piper Perabo), a young CIA trainee who is thrust into the inner sanctum of the agency when she is unexpectedly promoted to field operative.  While it appears that she has been plucked from obscurity for her exceptional linguistic skills, there may be something or someone from her past that her CIA bosses are really after.  The series also stars Christopher Gorham, Peter Gallagher, Kari Matchett, Anne Dudek and Sendhil Ramamurthy.  From Universal Cable Productions, COVERT AFFAIRS is executive produced by Doug Liman and David Bartis through Dutch Oven and written and co-executive produced by Matt Corman and Chris Ord.  James Parriott is the show's executive producer and showrunner.

The American Association of People with Disabilities (AAPD), the country’s largest cross-disability membership organization, organizes the disability community to be a powerful voice for change – politically, economically and socially. AAPD was founded in 1995 to help unite the diverse community of people with disabilities, including their family, friends and supporters, and to be a national voice for change in implementing the goals of the Americans with Disabilities Act (ADA). AAPD operates programs in five core areas:  Political Participation, Leadership Development, Employment & Mentoring, Advocacy, Membership & Member Benefits. To learn more, visit the AAPD website: www.aapd.com

USA Network is the #1 network in all of basic cable and is seen in over 98.5 million U.S. homes.  A division of NBC Universal, USA is the cable television leader in original series and home to the best in blockbuster theatrical films, acquired television series and entertainment events. The award-winning USA website is located at www.usanetwork.com. Characters Welcome.
USA Network is a program service of NBC Universal Cable a division of NBC Universal, one of the world's leading media and entertainment companies in the development, production, and marketing of entertainment, news, and information to a global audience.

NOD Harris Poll Result Show Gaps for PWD in Multiple Sectors

By Jenifer Simpson, Senior Director of Government Affairs, AAPD:

NOD Harris Poll: Significant Gaps for People with Disabilities in Employment, Technology, other Key Indicators, Little Good News  
 
On July 22, 2010, AAPD attended an event on Capitol Hill held by the National Organization on Disability (NOD) where it released findings from a May-June 2010 survey comparing people with and without disabilities on thirteen key indicators. The survey, “The 2010 Kessler/NOD Survey of Americans with Disabilities,” reports that the largest gap is in employment with only 21% of working-age people with disabilities reporting full or part-time employment, compared to 59% of people without disabilities -- a gap of 38 percentage points. NOD asserts that while this gap has decreased since first examined in 1998, it remains large and decline is slow. The second largest gap between people with and without disabilities is regarding using technology to access the Internet. People with disabilities are much less likely to use the Internet and this gap exists across all age groups. The report notes:

85% of adults without disabilities claim to use a computer or other electronic device to access the Internet from home, work or another location, whereas only 54% of adults with disabilities report the same – a gap of 31 percentage points. The gap is smallest among the youngest cohort but a difference still exists (10 percentage points). The gap increases threefold among those 65 or older to 33 percentage points.

Other findings revealed that people with disabilities are still much more likely to live in poverty, less likely than those without disabilities to socialize with friends, relatives or neighbors, or perceived that the ADA had not been helpful for them. Amongst these stark results, two findings indicated some good news: the gap is narrowing for people with disabilities receiving high school diplomas as compared to people with disabilities, and there was no gap found – the first time ever in the history of NOD/Harris gap polls for people with disabilities -- on the measure of ‘political participation,’ a survey question that asked respondents if they voted in the last national election. 

The event was kicked off by NOD Chairman, Tom Ridge, former Governor of Pennsylvania and the First Secretary of the Department of Homeland Security, and by Rep. Jim Langevin (D-RI) who said the numbers were a “call to action” particularly in regard to job opportunity, transportation and housing. Humphrey Taylor, Chairman of The Harris Poll and member of the NOD board stated the numbers indicate that “an enormous amount of work needs to be done.”  Rodger DeRose, CEO of the Kessler Foundation said a second report, on Employment, would be released later this year, in October.

The statistics release was well-attended also by some disability advocates, including Yoshiko Dart, as well as representatives from federal agencies such as FEMA, DOT, SSA and the State Department, and companies such as AT&T and WalMart.

Read NOD Press Release at http://www.2010disabilitysurveys.org/pdfs/KesslerNODADApressrelease.pdf

Read Survey Report at http://www.2010disabilitysurveys.org/pdfs/surveyresults.pdf

View Powerpoint (colorful graphs, gloomy numbers) from Harris Interactive Poll presentation at http://www.2010disabilitysurveys.org/presentation.html

President Obama Issues Public Service Announcement on ADA 20th Anniversary With AAPD and Ad Council

Get a sneak peak a the captioned versions of these PSA's on the AAPD YouTube Channel (see links below):

President's ADA PSA - Longer Version

President's ADA PSA - Short Version

From AAPD and the Ad Council July 26, 2010    :

    
 

New Ad Council TV and Radio PSAs Feature President Obama Discussing the Act’s Progress and Encouraging the Public to do more to Support Americans Living with Disabilities

To coincide with the twentieth anniversary of the enactment of the Americans with Disabilities Act (ADA) today, President Obama is joining the Ad Council and the American Association of People with Disabilities to launch a new series of television and radio public service advertisements (PSAs). The ads, which feature the President, celebrate the progress that has been made during the last two decades and remind the public that there is still a lot of work to do so that all Americans have equal opportunity and full participation in this country. The Ad Council is distributing the PSAs to media outlets nationwide today.

Approximately one in six Americans – nearly 50 million people – is living with disabilities. The ADA signed into law July 26, 1990 by President George H.W. Bush, gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services and telecommunications. 
 
The majority of people with disabilities perceive significant improvements in public facility access, personal quality of life and public attitudes since the passing of the ADA. However, obtaining employment remains difficult for people with visible and severe disabilities and disparities still exist in access to health insurance, health care and financial assets for people with disabilities, as compared to people without disabilities.

“The Act was a huge step forward for the 50 million people in this country living with a disability. It helped renew the promise that, here in America, we are defined not by our limitations, but by our potential,” said President Obama. “As we celebrate the 20th anniversary of this historic legislation, it's important to remember that we are still fulfilling that promise.”

In the new television and radio PSAs, President Obama communicates the importance of the ADA and urges all Americans to visit www.disability.gov to see how they can help support those living with disabilities. The PSAs were created pro bono by Proof Integrated Communications in New York. The television and radio spots will air in advertising time that will be donated by stations throughout the country.

“We are honored to join President Obama and the American Association of People with Disabilities to commemorate the 20th anniversary of this landmark law and the positive impact it has had on millions of Americans living with disabilities,” said Peggy Conlon, president and CEO of the Ad Council.

“AAPD is delighted that the President of the United States and the Ad Council are helping to advance the goals of the Americans with Disabilities Act through this groundbreaking and historic PSA,” said Andrew J. Imparato, President and CEO of AAPD. 

AAPD (www.aapd.com)
The American Association of People with Disabilities (AAPD), the country's largest cross-disability membership organization, organizes the disability community to be a powerful voice for change – politically, economically, and socially. AAPD was founded in 1995 to help unite the diverse community of people with disabilities, including their family, friends and supporters, and to be a national voice for change in implementing the goals of the Americans with Disabilities Act (ADA). 

The Advertising Council (www.adcouncil.org)
The Ad Council is a private, non-profit organization that marshals talent from the advertising and communications industries, the facilities of the media, and the resources of the business and non-profit communities to produce, distribute and promote public service campaigns on behalf of non-profit organizations and government agencies. The Ad Council addresses issue areas such as improving the quality of life for children, preventive health, education, community well-being, environmental preservation and strengthening families.

URGENT! Help Stop Home Care Cuts in Your State! Call Now

Stop Home Care Cuts in your State! 

Call key Senators to wish them a happy ADA anniversary...

and ask them to help DEFEND OUR FREEDOM!

Today is the 20th anniversary of the Americans with Disabilities Act but are YOU satisfied with your state's home services?

Right now, Congress is holding onto millions of dollars to pay for our in-home services by not extending the Federal Medical Assistance Percentages or FMAP.

Take control of YOUR home services! Tell Congress to act now and extend more Medicaid funding until June 30, 2011 for people with disabilities across the nation!

Call these key Senators:

*   Senator Mitch McConnell Phone: (202) 224-2541
*   Senator Olympia Snowe Phone: (202) 224-5344 or Toll Free: (800)
432-1599
*   Senator Ben Nelson Phone: (202) 224-6551
*   Senator Susan Collins Phone: (202) 224-2523

Call like your freedom depends on it, because it does.

BACKGROUND ON FEDERAL MEDICAL ASSISTANCE PERCENTAGES (FMAP)

Federal Medical Assistance Percentages (FMAP) are the percentage rates used to determine the Federal matching funds rate allocated annually to certain state level medical and social service programs.  The current rate has a temporary increase due to funds from the stimulus act.  We would like to see this increased rate continue through June 30, 2011.

Funds that are eligible for FMAP match include Medicaid, State Children's Health Insurance Program (SCHIP) expenditures, Temporary Assistance for Needy Families (TANF) Contingency Funds, the Federal share of Child Support Enforcement collections, and Child Care Mandatory and Matching Funds of the Child Care and Development Fund.

The Senate has failed so far this year to pass legislation that extends the payout of FMAP funds according to the current levels.  Many states have already created FY11 budgets that include expected FMAP payments at the current level.  These payments are significant.  For example, Illinois expects $750 million in FMAP payments while Pennsylvania awaits
$850 million.    Michigan may lose $560 million. California will lose
$2.5 billion.  (Search Google News for FMAP and your state to see the latest news stories.)

Several Governors have already jointly and individually spoken publicly to Congress about the need for an FMAP extension.  Many of these governors are from states experiencing state budget crises.  Without FMAP payments, people with disabilities and others who rely on Medicaid services will see many of those services greatly reduced or simply disappear.

The latest effort to pass an FMAP extension was in the form of language added to the unemployment benefits extension bill.  However, in order to pass the bill, the Senate had to cut the FMAP extension part.  The reason for this, as far as we know, is due to Republican opposition to an FMAP extension.  Those opposing an FMAP extension say that they don't know from where the money will come.  The folks supporting an FMAP extension say that community-based services are cheaper and more cost effective than institutionalization.  Also, if FMAP is not extended, states will fall into even greater economic turmoil.  The human cost due to lost services is of course immeasurable.

Time is of the essence in passing an FMAP extension as the Senate is due to recess around August 9.  Congress does not technically need to pass anything until December, but state FY 11 budgets obviously go into effect well before then.  The uncertainty is stalling budget approvals across the country.

The ADAPT Community