Gargoyle Awards Banquet

The event is Friday, October 17th, from 6 to 10 or so, at the Chicago Hilton and Towers, Waldorf and Astoria Suites.

Dr Sandy Goldberg, NBC-News Health Watch is the emcee. Jackie Edens, MOWD Commissioner is the keynote speaker. Music will be by the Marco Garcia Jazz Trio; a dance floor will be available!

The latest prizes are $100 certificates each from Morton's Steakhouse and Rosebud Restaurants, two tickets to "Affluenza!" at Victory Gardens Theater, and, for you sports fans, a signed pennant from the Bulls!

Call us today and let us know you are coming. You may pay the $75 at the door; we want you on the seating chart as soon as possible! Cash bar at 6, dinner at 7, speaker and awards, raffle and dancing. Join us for a wonderful evening of camaraderie and disability pride! See you there!

CDR's Gargoyle Awards: History and past winners

Bush Declares October as National Disability Employment Awareness Month

For Americans with disabilities, employment is vital to independence, empowerment, and quality of life. During National Disability Employment Awareness Month (NDEAM), we recognize the many contributions citizens with disabilities make to our society, and we reaffirm our commitment to helping them achieve their full inclusion in our workforce.

Today, Americans with disabilities enjoy improved access to education, government services, public accommodations, transportation, telecommunications, and employment opportunities. The landmark Americans with Disabilities Act of 1990 (ADA) removed barriers and enabled many individuals with disabilities to find more opportunities to use their gifts and talents in the workplace. This progress has made our Nation stronger, more productive, and more just. People with disabilities still encounter challenges, however, to their full participation in their communities.

In February 2001, I launched the New Freedom Initiative to address these challenges, to fulfill the promises of the ADA, and to move toward an America where all our citizens live and work with dignity and freedom. This comprehensive plan is helping Americans with disabilities learn and develop skills, engage in productive A key component of the New Freedom Initiative is our commitment to integrate individuals with disabilities into the workforce. We have made substantial progress toward this goal. The Department of Justice has established an ADA Business Connection, a series of meetings between representatives of business and disability communities to open dialogue that will promote greater understanding and increased voluntary compliance with the ADA. Also, the Department of Health and Human Services and the Social Security Administration are implementing the landmark "Ticket To Work" program that makes it possible for millions of Americans with disabilities to no longer have to choose between having a job and receiving health care. And the Department of Labor has established two national technical assistance centers on workforce and disability that offer training, technical assistance, and information to improve access for all in the workforce development system.

By working together to open doors of opportunity for citizens with disabilities, we can help fulfill the promise of our great Nation.

To recognize the contributions of Americans with disabilities and to encourage all citizens to help ensure their full inclusion in the workforce, the Congress, by joint resolution approved August 11, 1945, as amended (36 USC 121), has designated October of each year as "National Disability Employment Awareness Month."

NOW, THEREFORE, I, GEORGE W BUSH, President of the United States of America, do hereby proclaim October 2003 as National Disability Employment Awareness Month. I call upon government officials, labor leaders, employers, and all the people of the United States to observe this month with appropriate programs, ceremonies, and activities.

IN WITNESS WHEREOF, I have hereunto set my hand this third day of October, in the year of our Lord two thousand three, and of the Independence of the United States of America the two hundred and twenty-eighth.

GEORGE W BUSH

Source: USDOL/ODEP

Group Offers Career Development Grants for Women

Advance your career or re-enter the work force with a Career Development Grant from the American Assn. Of University Women Educational Foundation. Women who hold a bachelor's degree and seek additional credentials for career development are invited to apply for a grant. Special consideration is given to AAUW members, women of color, and women pursuing a first advanced degree or credentials in nontraditional fields.

Academic grants support course work toward a master's degree, second bachelor's degree, or specialized training in a technical or professional field. Funds are not available for doctoral work or distance learning.

Professional Development Institute grants support women's participation in professional institutes that are academically based and have a focused specific program of study with identified faculty and fixed schedules of short-term duration (for example, two to eight weeks).

The award is from $2,000 to $8,000 and may be used between 7/1/04 and 6/30/05. Applications are available online or from AAUW Educational Foundation, c./o Customer Service Center, Dept. 144, 2201 N Dodge St, Iowa City, IA 52243-4030; 319/337.1716, ext. 144. Applications must be postmarked no later than Monday, 12/15/03.

Source: AAUW brochure

Application

Supreme Court to Address ADA Challenge

By Linda Greenhouse

WASHINGTON, Oct. 5 -- As the Supreme Court opens its new term on Monday, one obvious question is what the justices can possibly do for an encore. ...

The court has accepted 48 new cases for decision, filling its argument calendar through February and leaving room to hear and decide only about 30 more cases before the term ends in late June. The justices will meet weekly to continue the process of selecting cases from among many competing for their attention. ...

The new term's major federalism case challenges the enforceability of a central provision of the Americans With Disabilities Act, the requirement in the statute's Title II that public "services, programs or activities" be accessible to people with disabilities. In Tennessee v. Lane, No. 02-1667, Tennessee is claiming constitutional immunity from lawsuits challenging the state's failure to make its courthouses available to people using wheelchairs. One plaintiff, George Lane, had to crawl up two flights of stairs to make a required court appearance, and the other, Beverly Jones, is a court reporter who could not gain access to four courthouses where lawyers had hired her to record the proceedings.

Two years ago, the justices ruled that states could not be sued by their employees under the section of the disability law that bars employment discrimination. While Tennessee invoked that precedent in the new case, a federal appeals court ruled that access to court is itself a fundamental right that put this case on a different plane and trumped the state's immunity claim.

Last term, retreating from its recent insistence on state immunity, the court permitted suits against states under the Family and Medical Leave Act. So the Tennessee case, to be argued in January, is being closely watched for evidence of broader trends in the court's approach to federalism issues. ...

Source: The New York Times, 10/6/03

Maryland Creates New Minority Business Office

By Tim Hyland, Contributing Writer

The Maryland Department of Business and Economic Development has created a new office that will run the state's Minority Business Enterprise Program, coordinate contracting and procurement and provide guidance on the Americans with Disabilities Act.

The new Office of Fair Practices and Procurement was created through the merger of the DBED Contracts and Procurement unit and the former Office of Equal Opportunity.

"The Maryland economy is predominantly driven by small businesses," DBED secretary Aris Melissaratos said in a statement. "The creation of the Office of Fair Practices and Procurement will strengthen the relationship of the procurement and contracting functions within DBED to achieve significant results in the small and minority business enterprise community."

The new office will be run by Everett Ross, former director of the Office of Equal Opportunity. The office will coordinate contracting and procurement activities, administer the Department's Minority Business Enterprise Program, provide Equal Employment Opportunity and fair practices guidance and counsel to DBED employees and managers, and provide guidance for compliance with the American with Disabilities Act.

DBED said in fiscal 2002 it had surpassed the state minority contracting goal for goods and services by awarding 28 percent of its contracts to minority business enterprises. The goal is 25 percent.

Source: Washington Business Journal, 9/9/03.

Minnesota Courts Increase Provision of Sign-Language Interpreters

Beginning in November 2001, deaf people began experiencing problems securing qualified sign language interpreters for court proceedings in the Minnesota State Court system. Eight deaf people reported to the Minnesota Commission Serving Deaf and Hard of Hearing People (MCDHH) and the Minnesota Disability Law Center (MDLC) that on several occasions they had not been provided with any interpreter for their court hearings and on other occasions they had been provided with an unqualified interpreter. As the result of actions initiated by these eight deaf people, with the assistance of the MCDHH and the MDLC, the Minnesota Supreme Court has taken steps to correct this problem and ensure that deaf people will receive qualified sign language interpreters when they go to court.

As part of the settlement of lawsuits brought by the eight deaf people, the Minnesota Supreme Court agreed to provide the Notice to the Deaf Community which is attached to this announcement. The Notice acknowledges the problem many deaf people experienced and describes the types of action the Minnesota Supreme Court will take to correct the problem and make sure that it does not happen again.

The Problem

In November 2001, the number of instances in which deaf people were not provided with qualified interpreters during court hearings in the Minnesota state courts increased significantly. This increase followed the adoption by the Minnesota State Court Administrator's office of new policies which centralized the system for providing interpreters. One deaf person went to court six times before the court provided a qualified sign language interpreter. Other deaf people reported three to five appearances without qualified interpreters. On some occasions, a deaf person came to court after requesting an interpreter and waited several hours before being told that the court could not find a qualified interpreter. On other occasions, the court-provided interpreter was not adequately qualified to interpret for a court proceeding. In one case, the interpreter was a recent graduate of a college interpreting program who told the deaf person that she had no experience in court and did not know what she was doing there. In another, the presiding judge wanted the deaf person's daughter to be the interpreter. On each of these occasions, the deaf person objected to the lack of an interpreter or objected to the lack of qualifications of the interpreter.

After encountering these problems in the Minnesota state courts, eight deaf people contacted the MCDHH and the MDLC, who assisted them in bringing their complaints to the attention of the Minnesota Supreme Court. Later the eight deaf people filed suit, because the time period for bringing legal action to correct the problems was running out. The complaints and lawsuits led to a negotiated Settlement Agreement the parties believe will help correct the problem.

The Agreement

In the Settlement Agreement between the parties, the Court reaffirmed its commitment to provide qualified sign language interpreters in court proceedings, including its commitment to use sign language interpreters who are certified to interpret for legal matters (those who have SC L certification) wherever possible. The Court reaffirmed its policies (set forth in Rule 8 of the Minnesota General Rules of Practice) to provide these interpreters. In order to meet this commitment, the court has hired a part-time sign language interpreter who has RID, CI/CT certification, and has begun a training program to assist this interpreter in obtaining her SC L certification. The Supreme Court also agreed to continue to evaluate the system it uses to provide sign language interpreters for court proceedings. The evaluation procedure will include an opportunity for deaf people to provide feedback and other comments and criticisms about their experiences during court proceedings. As part of the evaluation process, the court will interview deaf people (selected on a random basis) who have used the court system. In addition, the Court agreed to pay compensation to the eight deaf people who did not have qualified interpreters for their court appearances.

Monitoring

In the future, the MDLC and the MCDHH will continue to monitor the courts to ensure that deaf people are provided with qualified sign language interpreters during court proceedings. The State Court Administrator's office will gather information from the District to determine whether the courts are providing qualified sign language interpreters and will share that information with the MDLC.

If you or your organization learn about any deaf people who are not provided with an interpreter during a court proceeding, or any deaf person who is provided with a sign language interpreter who is not qualified to interpret in the court proceeding, please contact the Minnesota Disability Law Center at the telephone number at the end of this announcement.

For further information, contact Minnesota Disability Law Center, Rick Macpherson, Staff Attorney, 612/746.3737 (voice) (Please use Minnesota Relay Service) 612/332.4668 (TDD). Please leave a message for a return call.

Source: Great Lakes ADA Center

Rick Macpherson
Mary Hartnett, Minnesota Commission Serving Deaf and Hard of Hearing People (651/297.7305 V/TTY)

Shubert Organization to Make Sixteen Broadway Theaters Accessible

Spectators in wheelchairs will be able to see Broadway shows more easily after a federal prosecutor announced Thursday that work is being done to make 16 landmark theaters fully accessible to the disabled.

"Normally, I'm at the mike to give you bad news," U.S. Attorney James Comey said at a news conference. "Today, I'm here to tell you about an agreement that will make the theater more enjoyable for thousands of people."

The prosecutor spoke in Shubert Alley, a famed outdoor passageway between 44th and 45th streets at the heart of the theater district off Times Square.

The 16 theaters, representing half of all Broadway stages, are operated by the Shubert Organization, which has spent $5 million to improve wheelchair seating areas, restrooms, entrances and exits, as well as ticket windows, concession areas and drinking fountains.

The work was started several years ago and is to be finished by year's end. But the legalities that formally bring the theaters into compliance with the Americans with Disabilities Act of 1990 were completed only this week.

The agreement comes as a relief to Kevin McGuire of Boston, a disability access consultant who uses a wheelchair and advised Shubert.

After being hit by a drunken driver at age 7, he went to shows in a wheelchair. "I'd have to sit in the aisle, on a sloping floor. In the dark, people would sometimes trip over me and I got my load of popcorn and soda over the years."

The new access plans are spelled out in two consent decrees between the Shubert Organization and the federal government's documents that settle civil lawsuits brought against the Shubert Organization under the ADA.

The federal prosecutor said authorities are now checking disability access at the other Broadway theaters. He said he could not comment on specifics regarding these theaters, since disabled access there is still "under investigation."

Shubert's theaters include some of Broadway's most famous stages, including the Shubert on West 44th Street, where a revival of the musical "Gypsy" is playing. Also part of the construction are the Barrymore on West 47th Street, the Belasco on West 44th Street, the Lyceum on West 45th Street and the Winter Garden on Broadway.

The newest of the theaters was built more than 70 years ago, and modifying them was "an architectural challenge of a very high order," said Comey.

In addition to fire department rules, each wheelchair seating area must have a clear way to an emergency exit, and the construction must be approved by the city's Landmarks Commission.

McGuire, the consultant, demonstrated his agility in moving through The Music Box, which is presenting the Tennessee Williams' "Cat on a Hot Tin Roof." After buying tickets at the box office, fitted with a pullout box he could reach, he wheeled himself to one of six reserved orchestra section spots. The once-sloping floor was leveled off to accommodate wheels.

Theater employees have been trained to be sensitive to the needs of those in wheelchairs, the hearing-impaired and the elderly.

Under ADA regulations, 1 percent of all seats must be set aside for the disabled, as well as another 1 percent for companions; both the best and the least expensive ticket prices must be available. The Shubert Organization also tries to seat families nearby.

"This is a great example of the public and private sectors working together to remove barriers for all people who desire to enjoy the unique experience of seeing a Broadway show," said Shubert Chairman Gerald Schoenfeld.

Source: MSN

New Video Addresses Accessibility Design

The Minneapolis Advisory Committee on People with Disabilities has announced "Access Maze," an accessibility design training video produced by the for use by schools, housing developers, architectural firms, consumers, advocates and community organizations.

Source: US/ODEP

AccessMaze

Nursing Homes to Hire Part-Timers to Feed Patients

By Robert Pear

WASHINGTON, Sept. 24 -- The Bush administration is relaxing regulation of nursing homes to allow low-paid workers with one day of training to feed patients who cannot feed themselves.

Administration officials said the new workers would improve the quality of care, providing additional assistance to patients at busy mealtimes. Nursing homes, facing a severe labor shortage, have long sought permission to hire such "feeding assistants."

But patients' advocates, including AARP and the Alzheimer's Association, objected to the change. They said it could cause "real harm to nursing home residents," in the words of David M Certner, director of federal affairs for AARP.

Under a final rule to be issued in the next few days, nursing homes could hire part-time workers to help feed patients, a task that can now be performed only by licensed nurses, certified nurse's aides and other health care professionals.

Feeding assistants would have to complete an eight-hour training course. Nurse's aides, by contrast, are required to have 75 hours of training.

Under a 1987 law, nurse's aides must take a standardized test to prove their knowledge and clinical skills. But the administration said it had decided not to require a competency test for feeding assistants.

The rule will be published in the Federal Register and will take effect 30 days later. In a final draft of the new rule, the Dept. of Health and Human Services says patients will benefit because they "will receive more assistance with eating and drinking, both at meals and at snack time." ...

Statistics compiled by the government show that 47 percent of nursing home residents need some help in eating, while 21 percent are completely dependent on such aid.

About 1.6 million people receive care in 17,000 nursing homes nationwide. Ninety-five percent of the homes participate in Medicaid or Medicare and are therefore subject to federal standards. In a report to Congress last year, the administration said that 9 out of 10 nursing homes had too few workers to take proper care of patients.

In a preamble to the new rule, the administration says that feeding assistants will cost less than nurse's aides, will usually be paid the minimum wage and will often be part-time workers, like retirees, homemakers, and older students available for a few hours a day. But, it said, nursing homes could also use clerical workers, laundry employees and members of the housekeeping staff to help feed patients. ...

The rule says, "In an emergency, a feeding assistant must call a supervisory nurse" by ringing the call bell. But nursing home employees often failed to respond to call bells. ..

In some ways, the final rule appears to provide patients with less protection than the administration's original proposal of 18 months ago.

That proposal said feeding assistants could work only "under the direct supervision" of a registered nurse or a licensed practical nurse. The final rule deletes the word "direct" and eliminates the requirement for a nurse to be "immediately available to give help" in an emergency.

Source: The New York Times, 9/25/03

New Program Will Help Learning-Disabled Students with Transition to Life After High School

National-Louis University has announced that the State Board of Education will fund PASS-AGES, an Innovative Transitional Program. An alternative 5th or 6th year of high school for individuals with learning disabilities, it runs five days a week in Evanston.

PASS-AGES is a one-year program for students with multiple learning disabilities and provides a rare opportunity for students to continue their high school transition in an age-appropriate environment. The program is committed to an instructional approach that integrates both group and individual teaching in the students' lives, including life skills, work site exploration, academics, budgeting and community life.

Source: NLU brochure

Letters

Dear Jo:

Thank you for your (CDR's) participation during the Chicagoland Transportation and Air Quality Commission's second annual Regional Congress. Thank you especially for providing Congress attendees with more information on context sensitive design!

The workshops were an important part of the morning. Many people commented that they wished there had been more time given to workshops because they were informative, interesting and great opportunities for discussion and participation.

Thank you again for your help and support! It is through partnerships like ours that we can create meaningful change.

Sincerely,

Jacky Grimshaw
Vice-Pres. For Policy, Transportation and Community Development
Center for Neighborhood Technology

Chicago Task Force on Employment of People with Disabilities Discusses Its Progress

Mayor Daley kicked off Chicago's observance of October as Disability Employment Awareness month recently by hosting a Mayoral Breakfast meeting with 13 leading business, civic, economic development and government agency leaders to discuss ways of increasing employment opportunities for people with disabilities.

The breakfast meeting was an initiative organized by the Mayoral Task Force on Employment of People with Disabilities. The three Task Force Co-Chairs (William Osborn, Chairman/CEO, Northern Trust Corporation; David Hanson , Commissioner, MOPD; and Jackie Edens, Commissioner, Mayor's Office of Workforce Development) presented an overview of the Task Force goals, objectives and success to date as well as facilitating discussions among the diverse group of invited guests.

David Malone (Chief Procurement Officer, Dept, of Procurement Services) discussed the newly created Business Enterprises Owned by People with Disabilities (BEPD), a City program established to assist businesses owned and operated by people with disabilities to take advantage of the contract opportunities available through the City's procurement process.

Gil Selders (MOPD Deputy Commissioner) provided additional background information about the Task Force structure, recent initiatives and future benchmarks.

The goal of the meeting was to discuss current employment barriers faced by people with disabilities and ways to remove them, thereby creating future employment opportunities for people with disabilities.

The Task Force was created by Mayor Daley in October of 2002, to address the unacceptably high unemployment rate of people with disabilities in Chicago.

For more information about the Task Force, please call MOPD at 312/744.7071 or 312/744.4964(tty) or visit the Web site.

Source: MOPD, Access Notes, 10/3/03.

Chicago Task Force on Employment

Chicago's Building Code Updated to Address Accessibility

The City Council today passed an ordinance to add a chapter devoted exclusively to accessibility provisions to the Chicago Building Code (CBC).

This landmark piece of legislation places the City of Chicago at the forefront of the national housing movement. Chapter 18-11 now requires a certain percentage of the total number of units in a development to be adaptable and visitable, will increase housing options for people with disabilities and seniors. Adaptability allows a residential unit to be modified for accessibility without requiring major structural modifications, while visitability provides minimal accessibility housing features that will allow a person who uses a wheelchair to visit the home of a friend or relative.

These new code requirements will increase Chicago's stock of housing with accessibility features through reasonable requirements that are not burdensome to the construction industry. The adaptable and visitable housing requirements extend to privately and governmentally owned and financed planned developments with single family homes, town homes, 2-flats and 3-flats.

"The new code requires home builders to construct housing types that will meet projected changes in consumer housing preferences in the coming years -- namely the 76 million aging baby-boomers who are approaching retirement and the realities associated with aging and the likelihood of developing a disability," said Dave Hanson, Commissioner of MOPD.

Chapter 18-11 of the CBC is the culmination of over two years of work by a CBC Accessibility Subcommittee composed of developers, home builders, architects, City officials and representatives from the disability community. The subcommittee was created to ensure that all interests were consulted and afforded the opportunity for input throughout the process.

Chapter 18-11 incorporates all federal and state accessibility codes, standards and guidelines into one comprehensive and technically coordinated set of requirements. The new building code chapter also includes the recently proposed federal ADA Accessibility Guidelines, thereby eliminating the need for future rewrites of the CBC accessibility standards.

Chapter 18-11 has the support of the following organizations: Building Owners and Management Association (BOMA), Home Builders Association of Greater Chicago, American Institute of Architects, Metropolis 2020, the Chicagoland Apartment Association, related City departments and sister agencies and representatives of the disability community.

The goal of the Mayor's Building Code Initiative (the first comprehensive rewrite of the Code in over fifty years) is to provide the City with a building code that is consistent and predictable, that reflects the latest standards in building technology, that readily adapts to advances and that provides conformity with nationally recognized requirements.

For more information about Chapter 18-11, contact MOPD at 312/744.4441 (744.4964 tty) or read the code online.

Source: MOPD, Access Notes, 10/3/03.

Building Code Initiative

Voting Equipment Demo

How will voters in Chicago and suburban Cook County be casting their ballots in future elections?

The Chicago Board of Election Commissioners and the Cook County Clerk's office are seeking the answer to this question by sponsoring a public exhibition and demonstration of the latest voting technology. It will be held on Thursday and Friday, October 23 and 24, in the Grand Ballroom of the McCormick Place South at 2301 S Martin Luther King Drive.

More than two dozen vendors and manufacturers of voting equipment from across the country have been invited to participate in the two-day exposition; it is open to the public, civic organizations elected officials and the media. The exhibit will involve every type of election system on the market today, from optical scan to electronic voting devices, including touch screen voting screens.

As a result of the new voting equipment requirements of the Help America Vote Act (HAVA), and as a consequence of the focus on problems arising from voting equipment utilized in the 2000 Presidential Election, many new companies have developed updated voting systems.

With more than 5,000 precincts and almost 3 million registered voters, the two jurisdictions represent one of the largest voting forces in the nation.

The Illinois Legislature recently approved touch-screen voting in Illinois, but included requirements that this electronic equipment be capable of producing a paper record prior to the voter leaving the polling place. Voting equipment manufacturers participating in this exposition will be asked for their recommendations on how to best implement this requirement. Only equipment that will meet the requirements of HAVA and the State of Illinois will be considered by Chicago and suburban Cook County for possible purchase.

After the demonstration the city and county will make an analysis of the available voting systems previewed at the exposition.

Source: joint press release

City Seeks Exemplary Cab Drivers

Mayor Daley's Cab Driver Recognition Committee is again seeking nominations of cab drivers who have provided excellent customer service, especially exemplary service to people with disabilities.

The drivers selected will receive a taxi medallion which is a license allowing a driver to own and operate a taxicab in Chicago.

Copies of the nomination form are available from the Dept. of Consumer Services, Room 208, Daley Center and on the web site.

Nominations must be completed and received by the Dept. of Consumer Services no later than November 3rd.

Source: Commsr. Caroline Schoenberger letter, 9/29/03

Nomination form

For Sale: Scooter

Rascal Heavy Duty Scooter. Weight capacity 480 pounds. Automatic adjustable seat. Front and rear baskets. Excellent condition; teal color. Cost over $6500 new; asking $2800. Call Jean, 773/646.3088.