JFActivist

EAC Appoints Assistive Technology Expert to Election Guidelines Develompment Committee

From an EAC Press Release (12/11/09):

New Technical and Scientific Experts Appointed to EAC’s Technical Guidelines Development Committee

WASHINGTON- The U.S. Election Assistance Commission (EAC) today announced the appointment of four new technical and scientific experts to its Technical Guidelines Development Committee (TGDC), which is charged under the Help America Vote Act (HAVA) with assisting EAC in developing federal voluntary voting system guidelines that are used to test and certify voting systems.

The following new members were appointed jointly by EAC and the National Institute of Standards and Technology (NIST):

...Diane Cordry Golden, program coordinator for the Association of Assistive Technology Act Programs.  Dr. Cordry Golden has 30 years’ experience providing training and technical assistance on disability policy implementation and assistive/accessible technology service delivery to government and nonprofit organizations at the local, state and national level. She has a doctorate in special education administration with an emphasis in disability policy, a master’s degree in audiology, and a bachelor’s degree in speech-language pathology...

HAVA established the TGDC to support the EAC by providing recommendations on voluntary standards and guidelines related to voting equipment and technologies. The TGDC's first task was to draft the third iteration of federal voting system standards, known as the voluntary voting system guidelines, which EAC issued in December 2005. The TGDC continues to work on future iterations and revisions to the guidelines for consideration by the EAC Standards Board and Board of Advisors, and for ultimate consideration and adoption by EAC.

From the JFA Moderator: Diane Golden joins several other assistive technology and disability election experts on the TGDC including Phillip Jenkins, senior software engineer of the IBM Human Ability and Accessibility Center and Ron Gardner, director of field services, National Federation of the Blind.  We are hopeful that with the input of these accessibility advocates, future standards and guidelines will open the election process for all Americans including those with disabilities.

>>> For the Full Press Release

Voters with Disabilities Still Confront Access Problems

From McKnight's Long-Term Care News & Assisted Living (10/29/09):

GAO: Elderly, Disabled Voters Still Confront Access Problems

The Department of Justice should do more to ensure that elderly and disabled individuals have voting access, a recently released report found.

The Government Accountability Office, at the request of a number of U.S. senators, conducted a nationwide survey on Election Day last year to determine whether states had met the goals for voter access laid out in the Help America Vote Act (HAVA) of 2002. Released Tuesday, the report shows that strides have been made over the last few years, but in some areas of the country, barriers still remain for elderly and disabled individuals. For example, 46% of polling places surveyed in the report had voting systems technically considered “accessible,” but that could still pose problems for people in wheelchairs. Sens. Herb Kohl (D-WI) and Tom Harkin (D-IA) released the report.

The new report is the latest in a series examining the Department of Justice's efforts to ensure elderly and disabled voter accessibility. The next report, scheduled for release in November, will examine voting practices in long-term care facilities.

>>> For the GAO Summary and Report

AAPD Meets with Disability Representatives from Armenia

AAPD Meets with Disability Representatives from Armenia

Through a meeting sponsored by the League of Women Voters, AAPD met with Kamo Davtyan, Executive Director of Syunik Disabled People’s Support Coalition, “Voghji,” from the city of Kapan, the capital of Syunik province in southern Armenia. Mr. Davtyan was accompanied by another Voghji member, Ms. Meline Astsatryan, and several other people representing other non-profit organizations who are touring the U.S. to learn more about effective coalition-building. The Voghji disability coalition’s goals are to support the rights of people with disabilities, to facilitate their integration into society, to create employment opportunities and to propose and support legislative initiatives that support people with disabilities. Mr. Davtyan noted that there are about 600,000 people with disabilities in Armenia, or 20% of Armenia’s 3 million population.

Davtyan, who is disabled, leads the organization which currently has two paid employees and 20 unpaid volunteers and is entirely funded by the business community. One recent achievement is a decree enacted by the mayor that states "no new construction will be approved in Kapan if it does not include plans for ramps for the disabled." The challenge for Davtyan's group is to ensure that this decree is properly enforced. Another plan is to refurbish an old house as a center for people with disabilities, or one stop shop for services, information, and other activities. Other plans include obtaining a car to travel from village to village and acquiring technical support on issues relating to legislation and best practices. There is also a legislative effort underway to have a governmental decree issued for disability civil rights.

Information on Armenia at http://www.lwv.org/Content/ContentGroups/PressReleases/2008/ArmeniainBrief.pdf

More on Kapan, Armenia, home to disability coalition Voghji, at http://travel.mapsofworld.com/armenia/tourist-destinations-in-armenia/kapan-armenia.html

More on the League of Women Voters coalition-building activity in Armenia at http://www.lwv.org/AM/Template.cfm?Section=Home&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=13947

Story  by  Jenifer Simpson, Senior Director, Government Affairs & Technology Initiatives, American Association of People with Disabilities (AAPD)
Washington, DC USA  Email JSimpson@aapd.com

NY: Governor With Disability Vetos Disability Civil Rights Protections

Comment Below: What does Governor Paterson have against people with disabilities?  He vetoed FOUR pieces of legislation which would help our community and reinforce the civil rights protections that federal laws already recognize (see below).  Does Gov. Paterson really think NY should not have to abide by the ADA and Help America Vote Act? I'm completely appalled.

From WTen (9/18/09):

Disability advocates outraged over Governor's vetoes

WYNANTSKILL -- Disability advocates are outraged that a bill unanimously passed by the state legislature to better protect people with special needs has been vetoed by Governor Paterson.  The bill would have increased penalties for those who abuse a disabled person, making it a felony.  The news is devastating for families of the disabled.

We talked to a number of parents and advocates of disabled people who fully expected to be celebrating a victory. Instead they are overwhelmed with disbelief...

...Two other bills involving the disabled were also vetoed by Governor Paterson, adding to the frustration and anger among advocates.

One bill would clarify civil rights protections for people with disabilities. Another would make polling places more accessible to them.

Melanie Shaw, Executive Director of the New York Association on Independent Living, says, "There's surprise, and I think there is some anger, absolutely. Both these bills were bills that we've worked on for a number of years, and they were passed overwhelmingly by the state legislature."...

>>> For the Full Article

From News34 (9/17/09):

GOVERNOR’S VETOES OUTRAGE DISABILITY ADVOCATES

New Yorkers with disabilities were stunned last night when Governor Paterson vetoed not one, but two critical pieces of civil rights legislation. Both bills were passed overwhelmingly by the state legislature, and would require state law to conform with existing federal requirements under the Americans with Disabilities Act and the Help America Vote Act (HAVA). In response, disability advocates are calling on the state legislature to override the Governor’s vetoes and ensure people with disabilities in New York are treated as fairly in New York State as they are under existing federal law...

“It is unconscionable and highly ironic that a governor with a disability has vetoed these bills. We are very disappointed that, by these actions, he has failed to offer the leadership we hoped he would bring to the governor’s office,” said Christine Zachmeyer, NYAIL board member and chair of the New York State Independent Living Council (NYSILC).

One bill, A.781-B (Paulin)/S.5396 (Huntley), adds federal American with Disabilities Act (ADA) Title II language into state statute, clarifying the obligations of government officials and strengthening the civil rights protections for people with disabilities. Title II of the ADA protects people with disabilities from discrimination on the basis of disability in services provided by public entities, including state and local governments. In the proposed bill, public entities would be required under state law to make reasonable accommodations—the same accommodations already required by federal law—and individuals with disabilities would gain critical access to the administrative enforcement mechanisms through the State Division of Human Rights. This bill imposes no new or additional requirements upon local governments or businesses.

Another bill, A. 584 (Cahill)/S.1058 (Addabbo), would require all polling sites to comply with the accessibility guidelines of the ADA. Across the state, polling sites are notorious for violations of the ADA, infringing on people with disabilities’ right to vote. The new law will update state election law consistent with federal requirements, eliminate outdated waiver language, increase the likelihood of compliance, and increase procedures for enforcement. Inaccessible sites can either be moved, consolidated, or modifications can be made and counties can be reimbursed from pre-existing state and federal HAVA funds for costs incurred in making polling places accessible to individuals with disabilities, including the blind and visually impaired...

Disability advocates now call on the New York State Legislature to override these vetoes and ensure the civil rights of all New Yorkers with disabilities...

>>> For the Full Article

The following are summaries of the laws vetoed and Governor Paterson's Veto Messages:

S.1058-A (Addabbo)/A.584-A (Cahill)                                          
Veto #60 (9/16/09)
P-Sen. 57-0; P-Assm. 137-0

This legislation would require that all polling places in the State be accessible to citizens with disabilities, and comply with the accessibility guidelines of the Americans with Disabilities Act of 1990 (ADA). It would eliminate state polling place accessibility waiver language and include provisions to the Election Law to reduce confusion regarding polling places access requirements and increase the likelihood of substantial compliance.
 
Veto Message Summary: Though the Legislature has sought to address an issue of extraordinary importance to the State through this legislation, the time frame imposed for meeting its provisions are too onerous, would place a significant financial burden on State and local governments, particularly the City of New York.

S.5396 (Huntley)/A.781-B (Paulin)                                          
Veto #61 (9/16/09)
P-Sen. 57-0; P-Assm. 137-0

The intent of this legislation is to clarify the scope of protections against discrimination on the basis of disability in services provided by public entities.  Specifically, it would outlaw discrimination by public entities against individuals with disabilities with regard to access such entities’ programs, services or activities, and require reasonable modifications in governmental services, programs or activities, unless such modifications would cause an “undue hardship.”  Aggrieved parties could file administrative complaints with the State Division of Human Rights.

Veto Message Summary:  While the effort to ensure that State and local governmental programs and services accommodate persons with disabilities is laudable, the legislation lacks definitional clarity and, because it could be read as having a broader application than the federal Americans with Disabilities Act (ADA), could subject public entities to two different standards.  In addition, individuals who are aggrieved under Title II of the ADA already have a remedy through the federal system.  Creating a cause of action under State law would augment the ability of plaintiffs to bring suits for damages against the State.  Finally, implementation of this legislation would require the hiring of new staff and the dedication of substantial resources that are unavailable at this time. 

S.5208 (Huntley)/A.6349 (Gordon)                                      
Veto #69 (9/16/09)
P-Sen. 57-0; P-Assm. 141-0

This legislation amends the Penal Law to add the term “incompetent or physically disabled persons” to existing felony laws against endangering the welfare of a vulnerable elderly person by a caregiver.

Veto Message Summary: Governor Paterson is concerned that the offenses added not be made felony offenses without clearly defining the term “incompetent,” which is a broad term covering a range of disabilities.  Further, he is concerned that the requirement that a victim prove his disability of state of competence at trial would be an invasion of his or her privacy that should not be required by a bill like this.  He will support this bill if these problems are fixed.

S.3285-A (Adams)/A.8555-A (Espaillat)                      
 Veto #76 (09/16/09)
P-Sen. 53-0; P-Assm. 146-0

The purpose of this bill is to help service-disabled veterans who are owners of businesses increase their ability to partake in the procurement process.

Veto Message Summary: This bill would impose a fiscal cost on the State, is at odds with the State’s policy of competitive bidding and is duplicative of other programs. In particular, this bill restricts certification and pricing preferences solely to businesses domiciled in New York State and owned by service-disabled veterans, which is contradictory to new York’s current open-market procurement policies.

Action Alert: Tell Finance Committee that Community First Choice MUST be in HC Reform

From NATIONAL ADAPT (9/13/09):

Information and Advocacy Alert

We are down to final wire on this round of advocacy efforts to get the Community First Choice (CFC) option language included in health reform. The Senate Finance Committee will begin final mark-up of their health reform bill as early as this next Tuesday, September 15. Make no mistake; there will be other opportunities to get CFC in the health reform package. However, after the bill is marked up (finalized) and referred out of committee, it will, to be quite frank, become harder to succeed.

This means that we must use the remaining time that we have, around two more weeks at most, to really work it! Our strategy is not much different from we have already been doing. We just need to focus a bit more and really pick up the pace.

Contact members of the Finance Committee (see below) and ask for their support for Community First Choice to be included in the committee health reform bill.

Contact Chairman Baucus and ask for his support.
Baucus, Max  - (D - MT)
511 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-2651
Web Form: http://baucus.senate.gov/contact/emailForm.cfm?subj=issue

If a committee member represents your state, you could make a critical difference. In this case, not only contact the DC office, but visit the local offices in your state.

Tell your stories! Talk about people who want out, but are stuck due to wait lists and service cut-backs. Talk about the great news when people get out. If at all possible, the people who are, or have been, in these situations should tell their own stories. Talk about the need to take some sort of step to end the institutional bias!

Please phone their offices. Visit in person, if you can!!

>>> For Contact information for each Seantor

Members of the Senate Finance Committee
Max Baucus, Chairman (D) MT
Charles E. Grassley, Ranking (R) IA
John D. Rockefeller (D) WV
Orrin Hatch (R) UT
Kent Conrad (D) ND
Olympia J. Snowe (R) ME
Jeff Bingaman (D) NM
Jon Kyle (R) AZ
John F. Kerry (D) MA
Jim Bunning (R) KY
Blanche Lambert Lincoln (D) AR
Michael D. Crapo (R) ID
Ronald Lee Wyden (D) OR
Pat Roberts (R) KS
Charles E. Schumer (D) NY
John Ensign (R) NV
Deborah Ann Stabenow (D) MI
Michael B. Enzi (R) WY
Maria Cantwell (D) WA
John Cornyn (R) TX
Bill Nelson (D) FL
Bob Menendez (D) NJ
Tom Carper (D) DE

*****************************

Proposal for a Community First Choice (CFC) Medicaid State Option for Inclusion in Health Care Reform

The core elements of the Community Choice Act (found in Section 101 of the bill) would be structured as an option for states to include in their Medicaid State Plans. The Community First Choice (CFC) Option would provide individuals with disabilities who are eligible for nursing homes and other institutional settings with options to receive community-based services. CFC would support the Olmstead decision by giving people the choice to leave facilities and institutions for their own homes and communities with appropriate, cost effective services and supports. It would also help address state waiting lists for services by providing access to a community-based benefit within Medicaid. The option would not allow caps on the number of individuals served, nor allow waiting lists for these services. A significant enhanced FMAP would be provided, depending on cost, to encourage states to select this option.

Summary of Core Provisions - This is a summary of core provisions that should be included. The complete language should be drawn from S. 683/H.R. 1670. Detailed language can be provided.

a.. Amend Medicaid to allow state Medicaid plan coverage of community-based attendant services and supports for certain Medicaid-eligible individuals.

b.. Services under this option would include services to assist individuals with activities of daily living (ADLs), instrumental activities of daily living (IADLs), and health-related tasks through hands-on assistance, supervision, or cueing. ADLs include eating, toileting, grooming, dressing, bathing, and transferring. IADLs include meal planning and preparation; managing finances; shopping for food, clothing, and other essential items; performing essential household chores; communicating by phone and other media; and traveling around and participating in the community. Health-related tasks are defined as those tasks that can be delegated or assigned by licensed health-care professionals under state law to be performed by an attendant. Services also include assistance in learning the skills necessary for the individual to accomplish these tasks him/herself; back-up systems; and voluntary training on selection and management of attendants. Certain expenditures would be excluded, including room and board; services provided under IDEA and the Rehabilitation Act; assistive technology devices and services; durable medical equipment; and home modifications.

c.. Services must be provided in a home or community setting based on a written plan.

d.. Services must be made available statewide and must be provided in the most integrated setting appropriate for the individual.

e.. Services must be provided regardless of age, disability, or type of services needed.

f.. States will establish and maintain a comprehensive, continuous quality assurance system, including development of requirements for service delivery models; quality assurance to maximize consumer independence and consumer control; and external monitoring; along with other critical state and federal responsibilities/requirements included in S. 683/H.R. 1670.

g.. Service delivery models must include consumer directed, agency-based, and other models, along with requirements to comply with all federal and state labor laws.

h.. States would be required to establish a Development and Implementation Council to work with the state in developing and implementing the state plan amendment necessary in order to provide the services. The majority of Council members must be individuals with disabilities, elderly individuals, and representatives of such individuals, and must collaborate with, among others, providers and advocates.

i.. States would receive an enhanced federal matching rate for serving people whose costs exceed 150 percent of average nursing home costs.

j.. States would cooperate in reporting to Congress.

k.. CFC services would not affect the states' ability to provide such services under other Medicaid provisions.

http://www.adapt.org

Captioning on Internet & Real Time Text

From the NY Daily News (9/1/09):

Gov't bill would make Internet more accessible for disabled via real-time texting, closed captioning
BY Eitan Gavish

This month, as Congress returns from break, health care reform is not the only imperative issue on their plate. A new bill will aim to make content on the Internet more friendly to those with disabilities.

The "21st Century Communications and Video Accessibility Act of 2009" (H.R. 3101) plans to modernize disability standards by making such accessibility features as closed captioning, video description and real-time texting a standard for Internet technologies...

“When we first sat down a couple years ago we realized that the communication act that the FCC regulates and administers was not keeping up with all the changes going on in communications, particular with everything starting to move through the internet,” said Jenifer Simpson, Senior Director of Government Affairs at the American Association of People with Disabilities, a founding member of COAT...

...The new bill would make closed captioning mandatory for large Internet television and movie distributors, excluding user-based sites such as YouTube. The bill would also lift an outdated standard enforcing closed captioning only on TV sets of 13 inches or greater, opening up captioning to smart phones and other portable devices that display video...

>>> For Full Article

For More information email jsimpson@aapd.com

Just In: AAPD Joins Facebook Causes

From the JFA Moderator:

AAPD recently joined Facebook Causes as a way to get the word out about the disability rights movement and to make it easier for YOU, our dedicated activists, to contribute your support.

Take Action TODAY: Join or Donate to AAPD's Cause on Facebook and share these links with your friends.

>>> To Join the Movement

>>> To Support our Work

MO: Voter Registration Skyrockets from 8k to 100k in a Year

From Michael Slater of Project Vote (7/14/09):

... Project Vote and a coalition of voting rights groups have filed lawsuits in Indiana and New Mexico to compel public assistance agencies to provide their clients with the opportunity to register to vote, as required by the National Voter Registration Act (NVRA). Today Project Vote is releasing a new case study, Registering Low-Income Voters through Public Assistance Agencies in Missouri, which documents just how well this strategy can work. 

After years of neglecting their responsibility to help low-income clients register to vote, Missouri went from having one of the worst public agency registration rates in the nation to having one of the best. This remarkable turnaround came about through the Public Agency Voter Registration Project, a joint partnership of Project Vote, Dēmos, and ACORN, in cooperation with the Lawyers' Committee for Civil Rights Under Law and private law firms.

This case study documents how this success was achieved, from our first surveys to document the poor performance of Missouri public agencies, through the court order that compelled compliance in July 2008, all the way through to last month's successful settlement of the lawsuit.  As a result of this work, public assistance agencies in the state of Missouri went from collecting fewer than 8,000 applications a year to collecting over 100,000 applications in just eight months.

As we turn our attention to other states that are violating the NVRA, Missouri's success provides a timely and powerful reminder of how proper implementation of the public agency voter registration provisions can dramatically increase the number of low-income Americans who are registered to vote. This is just one of several strategies Project Vote is pursuing to achieve not only high rates of registration across America, but also to reduce the  disparities between advantaged and disadvantaged communities that have plagued our country since its founding. I hope you'll check out this important story, and join us in calling for every state to follow Missouri's example and enforce this vital and powerful law.

 

To download the case study, click here.

Regards,

Michael Slater

Executive Director

Record Number of People with Disabilities Voted in 2008 Election

For Immediate Release
June 29, 2009

Record Number of People with Disabilities Voted in 2008 Election
Increase Due to Help America Vote Act, According to
Jim Dickson of AAPD

WASHINGTON, DC - June 29, 2009 - New numbers released show Americans with disabilities voted in record numbers in the 2008 presidential election, according to the American Association of People with Disabilities (AAPD), the country's largest cross-disability membership organization.

According to a study by Lisa Schur and Douglas Kruse, professors at the School of Management and Labor Relations, Rutgers University, who have conducted numerous studies on voting and people with disabilities, 3.8 million more people with disabilities voted in the 2008 presidential election than the 2000 presidential election.

According to the study, 14.7 million Americans with disabilities voted in the 2008 presidential election. About 10.9 million Americans with disabilities voted in the 2000 presidential election.

"The 2002 passage of the Help America Vote Act, which mandates voting be accessible, created enormous energy in the disability community," said AAPD's Vice President for Organizing and Civic Engagement Jim Dickson. AAPD has been leading nonpartisan voter registration and education drives amongst the nation's 56 million people with disabilities since 2001.

Kruse and Schur analyzed data from the federal government’s Current Population Survey Voting Supplement for November 2008 to calculate the number of voters with disabilities in the 2008 election.

According to Kruse and Schur, the turnout of people with disabilities was only 7 percentage points lower than that of people without disabilities in the November 2008 election. Among the voting eligible population (citizens age 18 or older), 57.3 percent of people with disabilities voted, compared to 64.5 percent of people without disabilities.

"While the voting numbers among people with disabilities in 2008 indicates that they continue to face barriers in registration and voting, the fact that 14.7 million people with disabilities voted shows that they play an important role in the political process,” said Schur.

The numbers of voters with disabilities in 2008 shows voters with disabilities are just as large of a voting bloc as other minorities as compared to 15.9 million African-Americans and 9.7 million Hispanic voters in the 2008 election.

For the full press release on AAPD's Web site, visit http://www.aapd.com/Communications/2009RecordNumbers.html.

GAO Reports; Nation Failing Grade on Vote Accessibility

AAPD Press Release:

GAO Report Finds Improvements in Voting Access for People with Disabilities

More Improvements Necessary for All to Have Access, According to AAPD

 

WASHINGTON, DC – June 11, 2009 – Numbers released by the U.S. Government Accountability Office this week show people with disabilities had less impediments at polling places during the 2008 presidential election, but not all people with disabilities are able to access polls and vote privately and independently.

“In 2000, the country failed to make voting accessible to people with disabilities. In 2008, the nation gets a B-minus for making voting accessible,” said AAPD’s Vice President for Organizing and Civic Engagement Jim Dickson.

The U.S. Government Accountability Office (GAO) released an interim report on voting accessibility Wednesday comparing last year’s presidential election to the 2000 election and the good news, according to Dickson, is there has been progress. The bad news, he said, is we have a long way to go and for voters who use wheelchairs, the nation still gets a failing grade for polling place accessibility.

In the 2000 election, only 16 percent of polling places were accessible to wheelchair users, according to the GAO report. In 2008, 27 percent of polling places were accessible.

Once a voter is in the voting room, 77 percent were able to vote privately and independently at an accessible voting station. Inadequate poll worker training is a major concern, In 5 percent of polling places, the accessible voting device was not plugged in or turned on, according to the report.

“Way too many poll workers discourage voters from using accessible equipment,” Dickson said.

An AAPD independent review of Election Day complaints showed that inappropriate poll worker behavior, from poor poll worker etiquette toward individuals with disabilities to accessible doorways at polling places not being utilized for voters, was the largest set of complaints.

The GAO will release a more detailed final report on the Election Day polling place accessibility findings in September.

The read the initial report in its entirety, visit http://www.gao.gov/products/GAO-09-685.

>>> To read the AP article PROMISES, PROMISES: Polling places lack access

By KIMBERLY HEFLING