JFActivist

ADAPT Returns to DC to Promote 'Defending Our Freedom'

From ADAPT (9.16.10):

For immediate release 

ADAPT Activists to Storm Washington DC; Vow to Fight State Cuts to Medicaid Home Services 

Fighting dangerous state Medicaid budget cuts across the country, the national grassroots disability rights action group ADAPT is planning direct actions at several venues in Washington, DC between September 19 to 22 to demand that states save Medicaid-funded home and community based services. These services support low income people with disabilities and who are aging to stay in their own homes instead of being forced into nursing facilities to obtain services. During this critical election season, ADAPT plans to make it clear that saving Medicaid services is key to winning the disability vote.

"During this time of fiscal panic, governors are looking for ways to save dollars," notes Mike Ervin of Chicago ADAPT. "Hundreds of us are coming to Washington because Congress and the White House need to step up efforts to protect Medicaid community services in the states. I use home services and without someone to assist me, I'd be waiting on some nursing home aide to change me or feed me whenever she was done with the other fifty people living in the same facility. With home services, I am in charge of my life."

Current Medicaid law mandates that states use their Medicaid programs to pay for nursing homes, but the law does not equally mandate that states pay for the same services in a person's own home. Today, most states recognize that providing home and community based services (HCBS) is a less expensive solution than institutions. However, in these tight fiscal times, Medicaid dollars funding "optional" services like HCBS are first on the budget chopping block, while the mandatory institutional budgets are rarely touched. ADAPT's current "Defending Our Freedom" campaign is a direct response to states' attacks against HCBS, services that allow people with disabilities to take care of themselves, raise their families and be part of society.

"Without the home services funded by Medicaid, hundreds, if not thousands, of people with disabilities in my state would be forced to live in nursing homes or institutions," said Joe Stramondo of Michigan ADAPT. "Some states are virtually on the edge of bankruptcy. It makes no sense to spend extra dollars on institutions when those same dollars could fund more people with disabilities to live in the communities of our choice."

>>Learn more about Defending Our Freedom

>>FOR MORE INFORMATION on ADAPT

DOT Fines AirTran Airways for Violating Rights of Travelers with Disabilities

From the Department of Transportation (8.30.10):
 
AirTran Fined for Violating Rules Protecting Air Travelers with Disabilities

The U.S. Department of Transportation (DOT) today assessed a civil penalty against AirTran Airways for violating rules protecting air travelers with disabilities.  The carrier was assessed a civil penalty of $500,000, of which up to $200,000 may be used to improve its service to disabled passengers beyond what is required by law.

“People with disabilities have the right to expect fair treatment when they fly, and we will continue to take enforcement action when their rights are violated,” said U.S. Transportation Secretary Ray LaHood.

The Air Carrier Access Act of 1986 requires airlines to provide assistance to passengers with disabilities in boarding and deplaning aircraft, including the use of wheelchairs, ramps, mechanical lifts or service personnel where needed.  U.S. Department of Transportation rules also require carriers to respond within 30 days to written complaints about their treatment of disabled passengers, and to specifically address the issues raised in the complaint.  In addition, airlines must submit annual reports to the Department on disability-related complaints from passengers, noting the type of disability and nature of the complaint.

An investigation by the Department of Transportation’s Aviation Enforcement Office of disability complaints filed with AirTran and DOT revealed a number of violations of the requirement for boarding assistance.  In addition, the carrier’s complaint files showed that it frequently did not provide an adequate written response to complaints from passengers.  AirTran also failed to properly categorize disability complaints in reports filed with the Department, the Aviation Enforcement Office found.

Of the $500,000 penalty, up to $60,000 may be used to establish a council to help the carrier comply with federal disability rules and hire a manager for disability accommodations.  Up to $140,000 may be used to develop and employ an automated wheelchair tracking system at AirTran’s major hub airports within one year that will generate real-time reports of the carrier’s wheelchair assistance performance.

The consent order is available on the Internet at www.regulations.gov , docket DOT-OST-2010-0005.

Three Washington D.C. Hilton Hotels to Increase Accessibility for People with Disabilities

                            
           

Hotels reach agreement with American Association of People with Disabilities and Equal Rights Center to implement accessibility initiative

WASHINGTON, D.C., July X, 2010 – The Equal Rights Center (ERC), a national non-profit civil rights organization, and the American Association of People with Disabilities (AAPD), today announced an agreement with Hilton Worldwide, Inc. and the owners of three Washington D.C. Hilton hotels, including the Washington Hilton, Embassy Row Hilton, and the Capital Hilton, that will enhance the accessibility of these hotels.

“AAPD appreciates the opportunity to work with these hotels to enhance accessibility and advertise these improvements to our community and society at large,” said Andrew J. Imparato, President and CEO of AAPD.

After receiving evaluations from its members regarding the accessibility of several Hilton brand hotels in 2008, the ERC reviewed three Washington D.C. hotels.  The ERC and AAPD then approached Hilton, which manages the Washington Hilton and Capital Hilton, and the owners of the Embassy Row Hilton to inform them of their recommendations.  The owners of the three hotels then worked with ERC and AAPD to ensure that the hotels provide industry leading levels of accommodation for guests with disabilities.

“The ERC was very pleased to have the opportunity to work with these three hotels and the AAPD, a national leader for people with disabilities, in addressing our concerns,” said Donald Kahl, Executive Director of the ERC. “More than 10 million people visit the District every year and these hotels are taking an important step forward by agreeing to ensure all of those visitors have access to these world-class hotels.”

The three hotels agreed to incorporate suggestions made by ERC and AAPD into their renovation programs, two of which had already commenced, to increase, in some cases, the number of accessible guest rooms, ensure dispersion of accessible rooms among room types, and generally to improve accessibility throughout hotel guest rooms, restaurants, ballrooms, common areas, and parking lots. Two of the hotels also agreed to implement advertising and outreach programs to promote their accessibility.

The ERC and AAPD were represented by the Washington Lawyers’ Committee for Civil Rights & Urban Affairs and Gilbert LLC.

_____________________________________________
About the American Association of People with Disabilities (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).

About the Equal Rights Center (www.equalrightscenter.org)
Originally formed in 1983, the Equal Rights Center (ERC) is a national non-profit civil rights organization based in Washington, D.C.  With members located in 33 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.

About the Washington Lawyers’ Committee for Civil Rights and Urban Affairs (http://www.washlaw.org/)
The Washington Lawyers’ Committee for Civil Rights and Urban Affairs was established in 1968 to provide pro bono legal services to address issues of discrimination and entrenched poverty.  Since its founding, the Committee has handled more than 5,000 cases on behalf of individuals and advocacy organizations in the areas of equal employment, fair housing, public accommodations, public education, asylum and refugee rights, and disability rights.  For more information about the Committee, see www.washlaw.org.  The Committee can be reached at 202.319.1000.

New Department of Transportation Rule Extends Disability Protections to Passenger Ships and Boats

From ClaimsJournal.com (6.17.2010):

ADA Accesibiltiy Standards Extended to Boats and Ship

Secretary of Transportation Ray LaHood today announced the first federal rule to specifically provide Americans with Disabilities Act (ADA) protections to people with disabilities who travel on boats and ships. The action comes as the 20th anniversary of the ADA approaches on July 26.

The rule applies to two categories of vessels: vessels operated by public entities, such as public ferry systems, and vessels operated by private entities primarily engaged in the business of transporting people, such as cruise ships.

The rule is meant to ensure that vessel operators' policies do not discriminate against passengers with disabilities. Under the rule, vessel operators cannot charge extra for accessibility-related services to passengers, cannot require passengers to furnish their own attendants, and cannot deny access to passengers based on disability. Vessel operators will have to provide information to passengers about the accessibility of their facilities and services and make a knowledgeable person available to resolve accessibility concerns.

...The new rule will become effective 120 days after it is published. There will be a 90-day comment period concerning three issues: whether vessel operators should be required to allow passengers with disabilities to bring emotional support animals on board, requirements operators must follow concerning the use of mobility aids, and the relationship of DOT and DOJ disability rules.

The rule is available on the Internet at www.regulations.gov, docket DOT-OST

>>> Read Full Article

Disability Rights Leader, Judy Heumann, Joining State Department

From United States International Council on Disabilities (May 26, 2010):

Judith Heumann to Join U.S. State Department in Fulfillment of Obama-Clinton Pledge 

Judith Heumann, an international leader in the disability rights movement and a governmental representative to the USICD Board of Directors, will be joining the U.S. Department of State as their Special Advisor for International Disability Rights.

This position was announced last summer, when President Obama and Secretary Clinton declared that the United States would sign the Convention on the Rights of Persons with Disabilities (CRPD).  Heumann resigned her position as Director of the Department on Disability Services for the District of Columbia, and will assume her new position at the Department of State on June 7, 2010.

“This is a significant step forward to the U.S. government’s capacity to include disability in our foreign policy.  The knowledge Judy will bring to the State Department will be invaluable to international development programs, U.S. ratification of the CRPD, and our country’s approach to international engagement,” says USICD President Marca Bristo.  “As longtime colleagues and friends of Judy, the USICD Board of Directors is elated with her appointment and we wish her all the best in her new role.”

Previously, Heumann was the Advisor on Disability and Development for the World Bank from 2002 - 2006, and served as President Clinton's Assistant Secretary for the Office of Special Education and Rehabilitative Services from 1993 -2001.  She was a cofounder of the World Institute on Disability in Oakland, California, and served there from 1982 -1993.  She was also a cofounder of the Berkeley Center for Independent Living, serving as their Deputy Director from 1975 - 1981.

In March 2010, prior to her appointment to the State Department, the Minnesota-based nonprofit Courage Center announced that they will grant Heumann the 2010 Medtronic National Courage Award this September.  Heumann was selected for the 2010 award in acknowledgment of her lifelong advocacy on behalf of children and adults with disabilities.  Heumann was the first recipient of the Henry B. Betts Award in 1990.

Your Invitation to the AAPD and NCIL 20th Anniversary ADA Bash

From AAPD (6.4.10):

THE SPIRIT OF THE ADA…LEAD ON!
 Celebrating the 20th Anniversary of the Americans with Disabilities Act

   Tuesday evening, July 20, 2010 •

7 pm–11 pm

Grand Hyatt Washington, 1000 H Street NW, Washington, DC

Join us as we celebrate 20 years of the ADA

         Dance to the music of Flame, a rock band from New York and enjoy a barbecue supper. Flame is made up of 11 people with disabilities and performs across the USA and in Europe with a song list of over 100 classic rock, country and blues songs from the past five decades.

Sponsored by: The National Council on Independent Living, Able Newspaper, ADA National Network-DB TACs, Alexander Graham Bell Association for the Deaf and Hard of Hearing, American Association of People with Disabilities, American Association on Health and Disability, American Federation of the Blind, Association of Programs in Rural Independent Living, Association of University Centers on Disabilities, Judge David L. Bazelon Center for Mental Health Law, Bender Consulting Services, Inc., Brown, Goldstein & Levy, Committee on Disability Power & Pride, CTIA-The Wireless Association, Yoshiko Dart, Easter Seals, Epilepsy Foundation, Hearing Loss Association of America, The HSC Foundation, Institute for Educational Leadership, Job Accommodation Network and the Campaign for Disability Employment, Kessler Foundation, Liberty Resources, Inc., National Association of the Deaf, National Disability Institute, National Disability Rights Network, National Federation of the Blind, National Industries for the Blind, National MS Society, National Organization on Disability, Paralyzed Veterans of America, Shepherd Center, TASH, The Arc of the United States, United Cerebral Palsy, United Spinal Association, U.S. Business Leadership Network, U.S. International Council on Disabilities, VSA (as of  5/17/10).

If you are interested in sponsoring the event, please contact Natalie Shear at natalie@natalieshear.com.

RESERVATION FORM

(For A Hard Copy  of the ADA Evite Text version)

Deadline for reservations: Friday, July 9, 2010. All tickets are available on a first come-first served basis and may sell out quickly.

NOTE: NCIL Conference Registration includes tickets to this event.

Questions? Contact Natalie Shear by phone or TTY at 202-833-4456 or 800-833-1354.

PLEASE NOTE: The organizers of the Spirit of ADA…Lead On! event are aware that a series of events are being planned in Washington, DC and around the country to celebrate the ADA Anniversary, including a large Disability Pride Parade in Chicago on July 24 and a Disability Power & Pride 20th ADA Anniversary Gala in Washington on July 26. We plan to coordinate and collaborate on events wherever possible, and encourage folks to let us know your plans to celebrate the 20th anniversary. Please send details of your event to Sarah Peterson at jfaan@aapd.com and we will maintain a central listing of all the events we know about.

Canada Ratifies UN Convention on Rights of Persons with Disabilities

From CBC News (3.11.10):

Canada ratifies UN treaty for disabled rights

By CBC News

Canada has ratified the UN Convention on the Rights of Persons with Disabilities on the eve of the Paralympic Games in Vancouver.

"Canada is committed to promoting and protecting the rights of persons with disabilities and enabling their full participation in society," Foreign Affairs Minister Lawrence Cannon said Thursday after delivering the ratified document to UN Secretary General Ban Ki-moon in New York City as activist Traci Walters looked on, beaming, from her wheelchair.

"Ratification of this convention underscores the government of Canada's strong commitment to this goal," Cannon said.

"We are officially turning on its head the notion that people with disabilities are helpless, in need of care and in need of pity," Walters said later.

"The government of Canada's ratification today of the convention is an historic event for Canadians with disabilities," said Marie White, national chair of the Council of Canadians with Disabilities. "It signals the end of an era where people with disabilities were seen as objects of charity. Ratification of the convention makes real our goal of recognition as full and equal citizens of Canada."...However, the convention is about much more than adding wheelchair ramps. It shifts the focus from institutionalizing those with disabilities to housing them in the community and allowing disabled people to challenge in Canadian courts, laws or policies that contravene the international law...

>>>For more information

AFI and Discovery Channel Seek Young Filmakers with Disabilities

From VSA Arts (4.2.10):

VSA is seeking emerging filmmakers with disabilities, ages 18-30, who are interested in expanding their knowledge of documentary filmmaking.

To apply, visit www.vsarts.org  DEADLINE FOR RECEIPT: Friday, March 12, 2010

Five VSA apprentices will be selected to take part in an unprecedented gathering of filmmakers at the 2010 SilverDocs Festival. The apprentices will be introduced to professionals in the field, exposed to new technologies, and invited to participate in workshops that will refine their filmmaking skills.
VSA apprentices will receive mentoring by AFI Silver's Education Coordinator Matt Boratenski. Their travel and accommodations will be covered by VSA and AFI.

AFI/Discovery Channel SilverDocs Documentary Festival and International Documentary Conference

 

June 22-27, 2010

 
VSA is now accepting applications from around the world.

Attendance at the entire conference is required. The official language for the conference is English.

Comment Below: What a phenomenal opportunity! Do you know anyone you could encourage to apply?

Haitians with Disabilities Suffering After Quake; How to Help

From the JFA Moderator:

In Quakes Aftermath Haitians With Disabilities Suffer Devastation

I think we all felt shocked, saddened, and horrified by the news and images of the aftermath of the earthquake in Haiti this past week, and many of us lent money, time and support to excellent relief efforts.  However, I was pleasantly surprised to hear about relief organizations that are targeting those victims who are most severely affected, those most isolated, most stigmatized and most overlooked by other organizations, those with disabilities.  Before the quake approximately 800,000 Haitians were living with a disability.  With the destruction of the quake, that number is likely to have increased significantly.  Portlight Strategies is on the ground in Haiti providing food, water and other emergency service to our Haitian brothers and sisters with disabilities.  Healing Hands for Haiti has been serving Haitians with Disabilities for over 10 years, and despite having suffered serious losses of their own, they are continuing to assist in Port-au-Prince, the capital city.

From New Mobility (1/19/10): 

Tremors of Intent

Relief for Haitians with Disabilities

Paul Timmons, board chair of the disaster-relief group Portlight Strategies, says there’s a good reason his group focuses on people with disabilities. “It’s a screaming need,” says Timmons, who has a physical disability himself. “The large relief providers, almost without exception, don’t even have us on their radar, much less in their sights. Things as simple as shelter accessibility get overlooked.”...

...It’s hard as hell to focus on disabled Haitians, says Timmons. “Culturally they are horribly stigmatized. They’re considered dogs and you can actually eat dogs. So we are going to the shelter operators, group home operators and clinic operators and starting there. And there are hell of a lot more people with disabilities now than there was a week ago. We are sending thousands of crutches, walkers, splints, braces, wound care stuff, and some generic prosthetics stuff. It’s not a long-term solution, but a start.” He’s hoping to be able to send large quantities of decent wheelchairs down real soon.

“We need crutches, walkers, eventually we’ll need wheelchairs. What we don’t need is grandma’s fur coat,” says Timmons. “Having said all that, we need money. We’ve got plane fuel, distribution expenses. If people have access to meaningful quantities of medical supplies we need them. We don’t need one-off stuff, like my old braces. Send cash. One thing that’s catching fire a little bit around the country is that people who want to donate stuff, they’re having yard sales and donating the cash, I think that’s a great idea.”...

>>> For the Full Post

From NJN (1/20/10):

Disability the hidden horror of Haiti
After the rescuers move on to the next disaster and the eyes of the world move with them, the Haitians with disabilities will be buried under the crushing weight of the country’s other unmet priorities
By Ethan Ellis

...Those of us with disabilities who know the island also know that after the last body is buried, the last hospital is rebuilt and the country begins to come alive again as its rescuers move on to the next disaster and the eyes of the watching world move with them, that people like us, now multiplied by the earthquake’s crush will be buried under the crushing weight of the country’s other unmet priories.

Those of us at Next Step who know the island also know that the people like us will be left to die or survive as beggars unless somebody does something and that we are in the best, or the least worst position to do it. We also know that doing something will require a long-term commitment and a lot of guidance and support from those who know Haiti and its people better than we do...

...You may also want to research other charities that are already established in Haiti. Physicians for Peace are certified by InterAction and have a mandate “through Physicians for Peace’s partner network of Healing Hands for Haiti and St Vincent’s School for Handicapped Children (and others), both in Port-au-Prince, cash donations will go directly to provide immediate trauma relief and longer term assistance for amputees and disabled.”

In Canada, you may want to consider Broken Wings Missions Inc. which has an established record of setting up homes for those living with disabilities in Haiti and other countries...

>>> For the Full Post

Visit LauraHershey.com to read Laura Hershey's investigation into "How To Help Haitians" and why she gave to Portlight.

For More and Updated information see the United States International Council on Disabilities (USICD):

The members of USICD want our website to provide information on relief efforts following the devastating January 12 earthquake in Haiti, particularly related to charities and news addressing the disability community.  Please continue to check this homepage for updates.

Nongovernmental Organizations Accepting Donations and Specializing in Disabilities in Haiti

• Handicap International
• CBM
• Portlight
• Partners in Health

USICD staff have compiled this list from reliable sources, but cannot attest to these organizations' current activities.  We welcome additional information or inqueries to be sent to dmorrissey@usicd.org

Action Alert: Save Accessible Parks Service Housing

From Peter Anziano (1/7/10):

I have been involved in an ongoing battle with the National Park Service regarding ADA compliance in our National Parks. The current battle and opportunity is Cumberland Island (Georgia), http://www.nps.gov/cuis/index.htm .

A "Reserved Lease Rights Retainee" living on the island, Doctor Ben Jenkins, has made his residence accessible to people with disabilities with the understanding that at the end of his lease term this year the dwelling would become park property. The Park Service is in the process of deciding what to do with the structure at the end of the lease,
http://parkplanning.nps.gov/projectHome.cfm?parkId=371&projectId=28794

There is a STRONG push to have it demolished.

Twenty years ago it was mandated (ADA) that the National Park Service make all the national parks' major attractions universally accessible to staff, volunteers and visitors. In the Jenkins case the Park Service will be acquiring, free of charge this accessible residence in the developed part of the park that could be utilized for employee, volunteer and visitor housing. It should be noted the park does not have a single accessible residence for housing employees or the hundreds of visiting researchers, volunteers that come to the island every year to support the mission of the park or park visitors.  Some Park Service representatives state that Cumberland Island meets the requirements of the Americans with Disabilities Act (ADA). The park employees that work with the visitors every day have testified that this is blatantly false. I have lead multiple trips of discovery to the island and have found multiple barriers (Ferry, Docks, Trails, Beach Access, staff and volunteer housing, etc.).

The Jenkins estate is an asset to the National Park Service, providing the only accessible residence in the park, it is also equipped with an emergency generator making it self sufficient during storms and power outages.  The Jenkins structure is not located in or near the Wilderness, and access does not require driving through any portion of the Wilderness.

PLEASE take a moment to click the link below (or copy and paste it into your web browser) and complete the comment form and ask the National Park Service to maintain the Jenkins estate and/or allow a concessionaire to, so ALL may enjoy this natural resource.

This is a specific opportunity for the public to provide feedback in the initial stages of the planning process.  PLEASE COMMENT now as the comment period ends 01/31/2010 and we need a thousand comments to not be ignored.

Spread the word!!!

http://parkplanning.nps.gov/commentForm.cfm?parkID=371&projectID=28794&documentId=30789

Thanks for your help.