JFActivist

Equal Right Center Wants Your Stories about Inaccessible Services

From the Equal Rights Center (4.18.11):

Accessibility surveys

The ERC’s Disability Rights Program is in the process of examining access to travel, shopping, dining, movies (including online streaming), and online gaming for people with disabilities. Please help us learn more about accessibility barriers by taking our surveys.

Originally formed in 1983, the ERC is a national non-profit civil rights organization based in Washington, D.C.  With members located in 42 states and the District of Columbia, the ERC works nationally to promote equal opportunity in housing, employment, disability rights, immigrant rights, and access to public accommodations and government services for all protected classes under federal, state, and local laws.

>>> For More on the Equal Rights Center

Department of Transportation Briefs Disability Groups on Policy Proposals

From AAPD (4.5.11):

Department of Transportation Briefs Disability Groups on Policy Proposals

By David Heymsfeld, AAPD Policy Volunteer

On Friday April 1, AAPD attended a meeting by the U.S. Department of Transportation (DOT) that summarized DOT's proposed policy agenda for the year. The meeting was targeted to "Disability and Aging Community Leaders" and included representatives from the American Council of the Blind, the National Association of the Deaf, the National Council on Independent Living, and the Disability Rights Education and Defense Fund. The DOT Speakers included Polly Trottenberg, Assistant Secretary for Policy, and Bob Ashby, Deputy Assistant General Counsel for Regulation and Enforcement.

Three areas were covered in the briefing to disability and aging community leaders: reauthorization proposals, enforcement, and proposed rulemakings in the federal surface transportation programs.

Reauthorization proposals:

Assistant Secretary Trottenberg noted the following as of particular interest to the disability community:

--the criteria for discretionary grants under the new "livable communities" program (proposed at $4 billion a year) would include facilitating universal accessibility of transportation;

--the program to upgrade transit facilities to a "state of good repair" would make funds available for repairing elevators and escalators and other equipment. In general, DOT proposes a 128% increase in overall transit funding; they have not proposed a specific amount for disability related access infrastructure;

--for railways they would make funding available to Amtrak for level platforms and other improvements to ensure equal access. This would be funded out of Amtrak’s capital funding. There would be no specific set-aside for ADA compliance;

--in transportation planning programs, they would emphasize planning before projects go forward, to ensure equal access.

At this time, these are conceptual proposals so there is no legislative language. Of course, it will be up to Congress to decide whether to accept any of the proposals.

Enforcement Activities:   Blane Workie, Deputy Assistant General Counsel  emphasized  the cases they have completed  against Delta and Jet Blue imposing substantial fines for the airlines’ failure to fulfill their obligation to assist disabled passengers in enplaning and deplaning aircraft. They will bring other cases, when violations are uncovered.

Regulatory Proposals:  Deputy Assistant Secretary Ashby said that DOT hopes to complete action this year on regulations to ensure that new and altered commuter and inter-city rail stations provide equal access to trains. They did not discuss what the final rule would provide. However, they indicated that a difficulty was that some rail stations are owned by freight railroads who do not want to raise their platforms and in some cases, DOT may not have authority to require the freight railroad to do so.

Ashby said that the proposed rule requiring transit systems to make reasonable modifications to policies, practices and procedures to avoid discrimination is on a slower schedule

Pending Rulemakings:  DOT also plans to issue Notices of Proposed Rule Making on a number of aviation issues. These will likely involve:

--whether airlines should be allowed to follow the "seat strapping method" to stow wheelchairs;

--facilitating of passengers' ability to carry ventilators, respirators and Continuing Positive Airway Pressure Machines on aircraft;

--improving the accessibility of airports, including closed captioning of audio-visual displays, and lifts used on tarmac areas;

--seeking cost information, on a number of issues, including accessibility of airline automated kiosks, and closed captioning of in-flight entertainment.

Readers should note that some of these regulatory proposals have been pending for a long time, and that all were previously scheduled to be completed in 2010.

If you have a specific complaint against a transportation agency, please write to the appropriate office. These are listed on the US DOT website at http://www.dot.gov/citizen_services/disability/complaints.html You may also send a copy of your complaint to AAPD, 1629 K Street NW, Suite 950, Washington DC 20006. Attn: Policy or write policy@aapd.com

PWDs in Japan, What is Happening and How You Can Help

>>> Donate Now Here <<<

From the Relief Headquarters for Persons with Disabilities of Tohoku-Kanto Great Earthquake:

Dear Friends,

To support persons with disabilities affected by the Tohoku-Kanto Great Earthquake on 11 March, DPI-Japan, JIL, Yumekaze Foundation and other Disability Organizations established "Relief Headquarters for Persons with Disabilities of Tohoku-Kanto Great Earthquake".

Today they open their site in English.  Please circulate among your network!
http://dpi.cocolog-nifty.com/en

Currently, this blog is providing updates from the "Relief Headquarters for Persons with Disabilities of Tohoku-Kanto Great Earthquake".  This HQ is organized by persons with disabilities to support persons with disabilities affected by the great earthquake.

It will be updated continuously with fresh information thanks to the support of Taisuke of DPI Asia-Pacific office.

Recent Posts Include:

Mass media pays less attention to PWDs in disaster (21 March)

National Welfare Center becomes Shelter for PWDs (19 March)

and Iwaki IL Center evacuates to Tokyo (19 March)

For donation, please visit the following site.
http://dpi.cocolog-nifty.com/en/2011/03/we-need-your-su.html

Dear friends,

On behalf of my colleagues, I sincerely appreciate messages of concern and sympathy from all over the world.

On March 11, massive earthquake hit east-northern part of Japan.  The earthquake recorded unhistorical scale - Magnitude 9.0 - and caused tens of thousands of causalities.  Hundreds of persons with disabilities are highly suffered from this disaster. 

DPOs in Japan immediately set up an emergent disaster relief headquarters at Japan Council on Independent Living Centers (JIL) and appointed me as director.  The headquarters started operation on March 15 in collaborations with DPI-Japan and various groups of persons with disabilities of all over Japan.

In disaster plagued areas, serious shortage of fuel and electricity is a big problem.  Personal assistants cannot reach to users' home.  Respirator users have difficulty in obtaining electric power. Even if they have generators, it is difficult to use portable generator due to lack of fuel.  Shortage of food is also serious...

>>> To Download A Petition Asking the Japanese Government for Appropriate Emergency Relief Supports

Your support is highly, highly appreciated.

Yukiko Nakanishi and Shoji Nakanishi, Director
Relief Headquarters for Persons with Disabilities of Tohoku-Kanto Great Earthquake

From the TakeAway (3.21.11):

Japan Relief: Helping the Most Vulnerable
John Hockenberry's story interviewing Shoji and Yukiko Nakanishi

The tsunami came too quickly. Japan's coastal towns had only a 30-minute warning, which was barely enough time to escape the wave, and for many disabled citizens, not enough time at all. The disabled are among the most vulnerable victims of the recent destruction in Japan. Yukiko and Shoji Nakanishi are members of a Japanese relief organization that is working tirelessly to provide shelter and evacuation support to northern Japan's disabled populations.

>>> To Listen to the (Uncaptioned/Untranscribed) Interview

From the Beacon Broadside (3.17.11):

Postcard from Japan: Disability and Disaster
by Suzanne Kamata

Whenever I case a new location, look at friends' vacation photos, or watch travelogues, I wonder about wheelchair accessibility. I wondered the same thing on Friday afternoon, watching disaster coverage on TV with my eleven-year-old daughter in Japan.

An hour earlier, when I went to pick her and her wheelchair up from school – the school for the deaf, which is housed in an aging four-story building with no elevator – her principal rushed out to my car to tell me to hurry home. He told me that a tsunami warning had been issued for Tokushima Prefecture...

>>> To Read Kamata's Full Account

DOT Fines Delta $2 Million for Violating Rights of PWD

From the Department of Transportation (2.17.11):

Delta Fined for Violating Rules Protecting Air Travelers with Disabilities

The U.S. Department of Transportation (DOT) today assessed a civil penalty of $2 million against Delta Air Lines for violating rules protecting air travelers with disabilities.

This civil penalty is the largest penalty ever assessed against an airline by the Department of Transportation in a non-safety-related case.

“Ensuring that passengers with disabilities receive fair treatment when they fly is a priority for the Department of Transportation,” said U.S. Transportation Secretary Ray LaHood.  “We take our aviation disability rules seriously and will continue to enforce them vigorously.”

The DOT requires airlines to provide assistance to passengers with disabilities while boarding and deplaning aircraft, including the use of wheelchairs, ramps, mechanical lifts and service personnel where needed.  Carriers also must respond within 30 days to written complaints about their treatment of disabled passengers, and specifically address the issues raised in the complaints.   In addition, airlines must properly code and record their disability-related complaints in connection with required reporting to the Department...

>>> For the Full Release

Your Right to Transportation

From DREDF (12.08.10):

The Topic Guides on ADA Transportation:
New DREDF Publications on the Americans with Disabilities Act

www.dredf.org/ADAtg/

Register for free webinars on the Topic Guides on ADA Transportation at: http://www.adaconferences.org/Transportation/
 
The Topic Guides on ADA Transportation were funded by the Federal Transit Administration to provide technical assistance on the Americans with Disabilities Act to transit agencies, riders, and advocates. The Topic Guides bring together the requirements of the Americans with Disabilities Act and the U.S. Department of Transportation ADA regulations, FTA ADA enforcement determinations, and best operational practices to comply with the ADA. The Topic Guides also draw information from many other sources.

The Topic Guides on ADA Transportation were developed by the Disability Rights Education & Defense Fund (DREDF) and theTranSystems Corporation, and are available at www.dredf.org/ADAtg/
 
This series of Topic Guides on ADA Transportation includes:
 
1.       Equipment Maintenance
 
2.       Stop Announcement and Route Identification
 
3.       Eligibility for ADA Paratransit
 
4.       Telephone Hold Time in ADA Paratransit
 
5.       Origin to Destination Service in ADA Paratransit
 
6.       On-Time Performance in ADA Paratransit
 
7.       No-Shows in ADA Paratransit
 
Register for free webinars on the Topic Guides, one every month, at www.adaconferences.org/Transportation/. There will be five more webinars on the five ADA paratransit Topic Guides. The December 14 webinar is on ADA Paratransit Eligibility, and the webinars will continue on the second Tuesday of every month through April 2011, on Topic Guides 3 through 7. The webinar series is sponsored by Project ACTION and the ADA National Network, and coordinated by the DBTAC Great Lakes ADA Center and DBTAC Southwest ADA Center, as well as Project ACTION.
 
Marilyn Golden, Disability Rights Education & Defense Fund
Co-author, Topic Guides on ADA Transportation
Email: mgolden@dredf.org

DOJ and Hilton Hotels Settle Accessibility Suit with Landmark Agreement

From the Equal Rights Center (11.17.10):

The Equal Rights Center (ERC) was very pleased to hear about the recent settlement between the DOJ and Hilton Hotels that will make approximately 900 hotels owned by Hilton more accessible. This huge victory for people with disabilities expands upon the agreement reached by the ERC and the American Association of People with Disabilities (AAPD) with Hilton Hotels earlier this year that improved the accessibility of three hotels in the District of Columbia.

The DOJ settlement causing more than 900 hotels to be made more accessible makes the accessibility improvement nationwide, allowing people with disabilities to travel with more ease.  This settlement also marks the first time that an agreement under the ADA has specifically detailed how a hotel reservations system should be made accessible and the first time that a hotel chain has been required to make its online reservations system accessible—both through accessible technology and a requirement to provide data about accessible features in guest rooms throughout the chain.

We applaud Hilton for becoming a new industry leader in accessibility and, as a disability rights advocate, hope you pass along the word to any of those who this settlement may help.

>>> For a Travel Weekly Article on this Settlement

>>> For a comprehensive summary of the terms of the settlement

AAPD Staff On Traveling with a Disability PLUS A "Know Your Rights" Webinar

 

From WUSA9 (10.26.10):

US Airways Responds To Criticism From Disabled Passengers

by Andrea McCarren

..."Well we passed the civil rights law, the Americans with Disabilities Act, 20 years ago, but that doesn't change attitudes overnight," said Andy Imparato, the President and CEO of the American Association of People with Disabilities.

"I was furious. And I was angry," said Jim Dickson. He was so upset because a similar incident happened to him, also on US Airways. Blind, Dickson always travels with his service dog, Pierson. They flew from DC to Charlotte without a hitch. But after boarding the next flight, he was told to get off.

"It's just infuriating. And I basically don't fly USAir anymore," said Dickson.

Luckily, he'd packed the paperwork three US Airways agents told him he wouldn't need -- verification that Pierson is a service dog and up to date on his shots. Dickson was eventually allowed to return to his seat and fly to his destination...

>>> For the Full Article

From the Association for Airline Passenger Rights (10.26.10):

Flying with Wheelchairs: Knowing Your Rights & Responsibilities at 32,000 Feet

The Association for Airline Passenger Rights – in partnership with the ADA National Network (formerly DBTACs) – is hosting an educational webinar, “Flying with Wheelchairs: Knowing Your Rights & Responsibilities at 32,000 Feet,” on Tuesday, December 7^th from 2:00 – 3:30 pm (EST).  Learn more at http://www.flyfriendlyskies.com/events.html or  Download the webinar flier

DOJ Reaches Agreement with Norwegian Cruise Line Over ADA Violations

From the White House (10.26.10):

Department Reaches Agreement with Norwegian Cruise Line Over ADA Violations
Guests with Disability to Get Interpreters and Accessible Buses
 
The Justice Department today sought the federal court’s approval of a consent decree with Norwegian Cruise Line (NCL) to resolve a lawsuit under the Americans with Disabilities Act (ADA) on behalf of individuals who are deaf or hard of hearing, and individuals who use wheelchairs, who took NCL cruises of the Hawaiian Islands. 
 
Under the proposed consent decree, NCL will ensure that individuals who are deaf or hard of hearing get the auxiliary aids and services they need, such as a sign language interpreter or a written transcript of the emergency drill, to fully participate in the activities on the ship and in the shore excursions.  NCL will also ensure that individuals who use wheelchairs get accessible bus transportation between the airport, cruise ship and hotels, and on shore excursions.  In addition, NCL will pay $100,000 in damages to nine individuals with disabilities and will also pay $40,000 in civil penalties to the United States. 
 
“People with disabilities who need sign language interpreters or accessible ground transportation should be able to go on vacation and enjoy the activities of a cruise like everyone else,” said Thomas E. Perez, Assistant Attorney General of the Civil Rights Division.  “It is essential that NCL and the cruise industry comply with the ADA’s requirements for auxiliary aids and services and accessible transportation.”
 
“The ADA applies to cruise ships, just as it does to hotels and other entities that offer services to the public,” said Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida.  “Discrimination against people with disabilities, on land or at sea, will not be tolerated.”
 
After an extensive investigation, the Justice Department determined that five deaf individuals on NCL cruises around Hawaii did not receive interpreters and other auxiliary aids, or a closed caption TV, and thus were unable to enjoy the activities on board the ship or the shore excursions because they could not understand what was going on and communicate effectively.  The Justice Department also determined that four individuals who use wheelchairs did not get accessible buses between the airport, ship and hotel, and on shore excursions; had to wait hours for an accessible bus at times; were unable to go on shore excursions because of the lack of an accessible bus; were charged extra for accessible transportation; and/or were not allowed to get on and off the bus during a shore excursion even though the bus was accessible.
 
        The relief in the consent decree specifically includes:
 
      *     An access desk to handle requests for reasonable accommodations from guests with disabilities pre-cruise;
      *     Access officers on board the ship to handle requests for reasonable accommodations from guests with disabilities during the cruise;
      *     NCL shall respond in writing to a request for a reasonable accommodation within one week, when the request is made at least three weeks prior to sailing;
      *     ADA training for NCL staff;
      *     Pagers for guests who are deaf or hard of hearing to use while on the cruise, through which safety and other important announcements will be transmitted;
      *     TTY communication devices for guests;
      *     Visual tactile alert systems in staterooms for guests who are deaf or hard of hearing (i.e., visual or tactile alert to door knock, telephone ringing, alarm ringing and smoke detection);
      *     Closed caption televisions in staterooms and common areas;
      *     Written transcripts of the emergency drill; and
      *     Accessible over-the-road buses, shuttle buses, and vans for transportation between the airport, ship, and hotels and on shore excursions, with no extra wait times for accessible transportation.

         Title III of the ADA prohibits discrimination against persons with disabilities by public accommodations and private entities offering specified public transportation.  It requires that public accommodations offer their programs and services in a manner that does not discriminate against people with disabilities.  The Justice Department may bring lawsuits to enforce Title III seeking as relief injunctive remedies, monetary damages for complainants, and civil penalties.

         People interested in finding out more about the ADA or this Consent Decree can call the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD), or access the ADA website at www.ada.gov.

Increasing Discrimination in Air Travel Industry

From ABC News (10.19.10):

Man in Wheelchair Called 'Too Disabled' to Fly
Motivational Speaker Johnnie Tuitel Was Kicked Off a US Airways Flight
By SCOTT MAYEROWITZ

A wheelchair-bound businessman was kicked off a flight last month because the airline's crew deemed him too disabled to fly...

..."I know my needs," Tuitel, 47, told ABC News. "Nobody asked me what my abilities were, nobody asked me what my needs where, they basically made the decision on my behalf without consulting me."...

...Tuitel, who has cerebral palsy, has used a wheelchair his entire life. He was helped onto the Sept. 23 flight by the airline's staff. A few minutes later, an airline manager approached him and said they needed to chat. The manager explained that Tuitel was "too disabled to fly without someone else with him" and that the airline was going to escort him off the plane, according to Tuitel...

>>> For the Full Article 

From AAPR (10.18.10):

Association for Airline Passenger Rights Calls on USDOT to Levy Maximum Fine Against US Airways for Treatment of Disabled Passenger; Airline's
Actions Violated the Air Carrier Access Act


The Association for Airline Passenger Rights (AAPR) today called on the U.S. Department of Transportation ("USDOT") to levy the maximum allowable fine against US Airways for its recent treatment of Johnnie Tuitel when an US Airways employee removed him from the plane, telling him that he was "too disabled to fly alone."...

The Air Carrier Access Act of 1986 (ACAA) prohibits domestic air carriers from discriminating against persons with disabilities in the provision of air transport. The law states that persons with disabilities will have access to all services, goods and information that they provide to any other passenger as part of their normal operating practices and forbids air carriers from treating passengers with disabilities any differently than other passengers except in making the necessary accommodations...

>>> For the Full Release 

This just weeks after a blind man was barred from flying because of his disability.  When will the airline industry learn?

From the Associate Press (10.5.10):

Blind man barred from Dubai flight over disability

A blind American traveler says a Dubai airline refused to allow him to fly because of his disability.

Zuhair Mahmoud says he was told by FlyDubai airline staff members that the carrier's policies did not allow blind travelers to fly unless accompanied by someone else...

>>> For the Full Article

Justice Department Fines Dallas Bus Company $55,000 for Violating the ADA

From the Department of Justice  (9.27.10):

FOR IMMEDIATE RELEASE

Justice Department Fines Dallas Bus Company $55,000 for Violating the ADA

The Justice Department and the Department of Transportation announced $55,000 in fines against Tornado Bus Company Inc., of Dallas, for violating passenger carrier accessibility requirements under the Americans with Disabilities Act (ADA).  In addition to the fine, a consent agreement reached with the Federal Motor Carrier Safety Administration (FMCSA) and the Justice Department requires the bus company to upgrade its fleet to meet ADA requirements by February 2011 or have its operating authority revoked.

An extensive investigation conducted by FMCSA uncovered that Tornado had only one accessible bus in a fleet of 53 buses, while ADA regulations require that at least 50 percent of a carrier’s vehicles must be accessible. The investigation also found the company had purchased new non-accessible buses, failed to train employees on interacting with disabled passengers and failed to establish a wheelchair lift maintenance program. The fine and citations came as a result of FMCSA’s ADA strike force held in May 2010.

“At the foundation of our society is the ability to live independently and move freely,” said Thomas E. Perez, Assistant Attorney General of the Civil Rights Division.  “This freedom is no less important to people with disabilities. We are grateful FMCSA takes accessibility requirements seriously and has reached this agreement.”

“Adhering to ADA accessibility requirements is not a choice, but a high standard that every commercial bus operator must follow,” said FMCSA Administrator Anne S. Ferro. “FMCSA will continue to work closely with the Department of Justice to vigorously enforce ADA compliance so that all travelers can enjoy destinations across America by way of commercial bus.”

In February 2009, FMCSA and the Justice Department entered into a memorandum of understanding concerning the enforcement of commercial passenger buses. The memorandum between the two agencies was included in the Over-the-Road Bus Transportation Accessibility Act of 2007 and is designed to ensure consistent ADA enforcement nationwide.

>>More information about the Civil Rights Division

>>The consent agreement with Tornado Bus Company

>>>For the Original Release