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March News
CCD Statement on President's FY06 Budget President's FY06 Budget Reveals Broken Promises and Wrong Priorities Washington, DC — During his first month in office, President George W. Bush said to Americans with disabilities, "Wherever any barrier stands between you and the full rights and dignity of citizenship, we must work to remove it, in the name of simple decency and simple justice." The administration's fiscal year 2006 budget breaks the promise of full citizenship. President Bush's budget and tax policy, emphasizing wealth over opportunity, simply fails to match his rhetoric. "At a time when America is engaged in a fight for freedom and liberty throughout the world, the President's budget proposal would jeopardize the freedom, liberties, well-being, and very lives of people with disabilities in our own country," said Curt Decker, Chair of the Consortium for Citizens with Disabilities. The services and supports targeted by the Bush administration enable millions of Americans with disabilities to learn, work, pay taxes, live in their communities, and make significant contributions to our society. Among the key federal programs targeted for elimination, cutbacks, or freezes in funding include: Broken Promise: Medicaid: Breaking a 40-year promise to advance the health of our nation's most vulnerable citizens, the administration proposes the elimination of $60 billion over ten years. The administration's position moves Medicaid funding closer to block grants to states, placing the health and well being of children and adults with disabilities at severe risk. Broken Promise: Housing : The administration's budget proposal cuts the Department of Housing and Urban Development (HUD) Section 811 assisted housing program by 50% and completely eliminates HUD's 30-year pledge to produce accessible supportive housing for people with disabilities. Broken Promise: Employment: Breaking one of the first promises of his presidency, the Bush administration's budget eliminates major employment programs at the Department of Education and significantly cuts funding for a Department of Labor employment program solely dedicated to people with disabilities. Broken Promise: Education: Breaking the President's pledge to leave no child behind, the administration seeks only 50% of authorized funds to help schools and states implement the Individuals with Disabilities Education Act (IDEA). The President's fiscal year 2006 budget reveals broken promises and wrong priorities. The Consortium for Citizens with Disabilities urges the U.S. Congress to reject the administration's budget cuts and to reaffirm the promise of full citizenship for America's citizens with disabilities. The Consortium for Citizens with Disabilities is a coalition of over 100 national consumer, provider, and advocacy organizations working together to advocate for national public policy that ensures the self determination, independence, empowerment, integration, and inclusion of the 54 million children and adults with disabilities living in the United States. 
For more information, contact Brenda Walker : (202) 783-2229
Source: Brenda Walker, 2/8/05 Equip for Equality Calls for the Closure of the Choate Developmental Center CHICAGO, Feb. 25. PRNewswire — Equip for Equality (EFE) today in its capacity as the Governor designated and federally mandated Protection and Advocacy System for people with disabilities in Illinois, called on the State to close the non-forensic units of the Choate Developmental Center and released a report detailing the Abuse Investigation Unit's extensive investigation of the institution and its mistreatment of people with developmental disabilities. Choate Developmental Center is located in Anna, Illinois and currently houses approximately 200 people with disabilities. EFE's Abuse Investigation Unit's activities included more than 200 hours of onsite observations throughout the facility on different days and various times from April through December of 2004, and the examination of hundreds of pages of relevant material, including medical and treatment records, restraint records, and state agency investigative reports. The Investigation Unit documented a longstanding pattern of significant failures and mistreatment of residents including:
In response to the serious problems identified by EFE, the Department of Human Services, Division of Developmental Disabilities and Choate's Director have begun to take action to address the problems at Choate. The Department of Public Health has placed independent monitors in the institution and has brought in the Illinois Foundation for Quality Health Care to encourage a culture change at Choate in an effort to better meet the needs of the residents. "Equip for Equality strongly urges the State to shift its focus from saving the institution to developing and facilitating a well-planned and orderly transition of residents to less restrictive settings in the community or to other facilities based upon individual preferences," says Zena Naiditch, President and CEO of Equip for Equality. Clyde L. Choate Developmental Center (Choate), originally constructed in the late 1800s as the Anna State Hospital, is Illinois' southernmost state-run institution. Choate is licensed as a 200-bed intermediate care facility for individuals with developmental disabilities. Equip for Equality is a private, not-for-profit entity designated by the Governor to administer the federal Protection and Advocacy System for safeguarding the rights of people with physical and mental disabilities in Illinois. It is the only comprehensive statewide advocacy organization providing self-advocacy assistance, legal services, disability rights education, public policy advocacy and abuse investigation. For more information contact Deborah M. Kennedy, Abuse Investigation Unit Director, 312.895.7304 Rash of ADA Lawsuits Hits Oklahoma City By United Press International OKLAHOMA CITY — Twenty-six lawsuits have been filed in Oklahoma City against businesses allegedly not complying with the federal Americans with Disabilities Act. On its Web site, the Oklahoma Restaurant Association has posted a warning of "sting operations" and a "plot" to "cash in" on Americans with Disabilities Act lawsuits, the Oklahoman reported Monday. The Department of Justice takes on large ADA cases, but doesn't have the manpower to fight the small ones. The act allows individuals to sue for the changes, but not for monetary damages. Many of the sued businesses are backing an amendment to require businesses be notified and given a chance to fix any ADA violations before litigation begins. Litigation requires businesses to pay for lawyers and property alterations and, often, the fees of the plaintiff's attorney. However, litigants who say they only want the facilities to become accessible, say the businesses and organizations have had 15 years to comply with ADA rules. Source: World Peace Herald, 1/ 31/05. Biz Bits: Business group & abuse of disabilities law By Laura Urseny, Business Editor The Americans With Disabilities Act was a powerful piece of legislation both for those with and without disabilities. But in the wrong hands, the well-intentioned law that seeks equal access to buildings is having an opposite effect. Small businesses are being hit with access lawsuits filed by individuals who maintain ADA law haw been violated. Rather than protect and provide equal access, these individuals are making money off the lawsuits. The California Chamber of Commerce is beginning to monitor the problem among small businesses. Chico Chamber of Commerce Chief Executive Officer Jim Goodwin says he's heard some local comment about similar problems. According to the state chamber, some of these lawsuits result in small businesses going under, unable to afford legal fees. Employees are without jobs, and taxes go unpaid. The state chamber cites one individual who alleges that toilet paper dispenser heights don't meet ADA standards, causing him emotional pain, humiliation and physical injury. He has filed more than 700 lawsuits in California and collected millions from small businesses, according to the state chamber. If a local business has encountered a similar situation, they are asked to send an e-mail and include "ADA Remarks" in the subject line. Businesses are asked to include name and contact information, including telephone number. Businesses can also write to the state chamber, P.O. Box 1736, Sacramento, 95812-1736. Source: Mercury-Register (Oroville, CA) 2/16/05 Community First Act introduced as SB 1324 A synopsis of the bill as introduced follows: Senate Bill 1324 creates the Community First Act.
Need to find out who your state Senator is?
Know who your state Senator is but don't know how to reach them?
For more information, contact : The Coalition of Citizens with Disabilities in Illinois (CCDI) 300 E Monroe, Suite 100 Springfield, IL 62701
CCDI / (217) 522-7016 (V/TTY)
Source : CCDI, 2/23/05 NGA Passes Medicaid Reform Resolution with ADAPT Principles, but Without Olmstead Washington, D.C. — Hundreds of ADAPT activists braved 8 hours of Washington snow, rain and cold to assure that the National Governors Association (NGA) would pass a "Community First" resolution at their winter meeting. The language in the final document contained some of what ADAPT has been demanding from the Governors since last July at the NGA annual meeting in Seattle WA, but omitted language on Olmstead, the U.S. Supreme Court decision that affirmed the rights of people with disabilities to choose to live free in the community. The final document included all aspects of Medicaid and Medicare, but did specifically address ADAPT's demands in statements like one of the listed Principles for Change, i.e. "follow the principle that money should follow the individual, not a provider or facility." The document additionally addressed ADAPT's push to see the majority of Medicaid long term care funding redirected to support community alternatives over institutional ones, the opposite of what happens now. In a section titled "Rebalancing the Long Term Care System" the Governors agreed that "Consumer-directed home and community-based care is preferable" and should be guided by the "preferences of the individual receiving long term care support." What the document didn't include was ADAPT's language that the "NGA work with the individual states to assure that the Supreme Court's Olmstead decision is aggressively implemented and that the measure of this implementation be, in a year, how many people have gotten out of nursing homes and other institutions and how many people have been diverted from nursing homes and other institutions." "In fact, in the final document the NGA refused to include listing MiCASSA, the Medicaid Community-based Attendant Services and Supports Act of 2005, or the Money Follows the Person legislation," said Randy Alexander, ADAPT Organizer from Memphis, TN. "And they frankly rejected any so-called federal mandates like the Olmstead decision." The Governors' document did request that Congress and the Administration change the institutional bias currently in Medicaid so that states can "offer elderly and disabled beneficiaries a more balanced choice between nursing home and community-based services." With removal of the institutional bias, NGA says states will be able to concentrate on "Focused efforts to build the capacity of community supports" so they will be readily available to people who desire them. Finally, the NGA resolution seeks Congressional support to help states build "the infrastructure needed to provide home and community-based long term care services" both in terms of workforce, and other supports and services necessary for "transition from institutional care to community-based" living. "We got as much as we could from the NGA as a group," said Steve Verriden, ADAPT Organizer from Madison, WI. "Now we need to take it back to our individual states, and hold our individual Governors accountable to the principles they approved in this document, AND to the law of the land, as affirmed by the U.S. Supreme Court Olmstead decision. The bottom line is to get and keep people with disabilities of all ages out of nursing homes and other institutions."
ADAPT. You can also call Bob Kafka at 512/431.4085 or Marsha Katz at 406/544.9504
Source : ADAPT, 3/2/05. Bush Budget Proposes Halt in Housing Aid for Disabled By David W. Chen With little fanfare, the Bush administration is proposing to stop financing the construction of new housing for the mentally ill and physically handicapped as part of a 50 percent cut in its housing budget for people with disabilities. The proposal, which has been overshadowed by the administration's plans to shrink its community development programs, affects what is known as the Section 811 program. Since 1998, Section 811 has helped nonprofit developers produce more than 11,000 units of housing for low-income people with disabilities, including more than 700 in New York State. Until now, Section 811 has provided equal amounts each year, roughly, for financing for new construction, and rent subsidies for disabled tenants. But under the 2006 budget proposal, the capital allocation would be eliminated and the overall budget would shrink by half, to $120 million from $238 million. The Department of Housing and Urban Development did not respond to repeated requests for comment over the last week. But the proposal appears to comport with the administration's broader determination to trim domestic programs in the face of record deficits. The proposal is reminiscent, though on a much smaller scale, of what happened to public housing decades ago. That was when the federal government retreated from building public housing in favor of providing vouchers under programs like Section 8, which allows poor tenants to redeem those vouchers with private landlords. This time, the federal government would discontinue financing housing for people with spinal cord injuries or psychiatric illnesses who are not necessarily homeless but may live in nursing homes or psychiatric hospitals. By relying exclusively on vouchers, the federal government would essentially be lumping these people with able-bodied Section 8 recipients in competing for some of the same apartments. "What you have for disabled folks is you're getting a double whammy," said Jonathan Harwitz, director of public policy for the Corporation for Supportive Housing, which promotes housing for people with special needs. "You're looking at both the landlord making a decision, 'Do I even want to rely on Section 8?' and secondly, saying, 'Do I want a disabled person in here?' Because that's an additional issue." Section 811 has existed for three decades, first as part of the Section 202 program for the elderly, and then, starting in the 1990's, as its own program. Since 1998, HUD has awarded $83 million to New York State, out of $1 billion nationwide, to nonprofits, according to the Technical Assistance Collaborative, a national advocacy group. In New York City, going back to the early 1980's, 522 Section 811 units have been developed on city-owned sites that were sold to nonprofit developers for nominal amounts, said Carol Abrams, a spokeswoman for the Department of Housing Preservation and Development. An additional 52 units are under construction. One nonprofit group that has benefited from Section 811 is the Bridge, a nonprofit mental health rehabilitation agency. The agency has finished eight such projects since 1979 and has three more on the way, which will serve 231 clients in Manhattan and the Bronx. If the capital financing is eliminated, however, the agency would have to compete with more established housing groups in the future to raise private funds to build any additional housing. And that, said Dr. Peter D. Beitchman, its executive director, would be a major challenge. To Andrew Sperling, director of legislative advocacy for the National Alliance for the Mentally Ill, the administration's proposal is especially disappointing because HUD unveiled new guidelines this month to give people with disabilities more time to find accessible and affordable housing. Source: The New York Times, 2/22/05. A Cruise for People with Service Dogs The fifth service dog cruise is planned to the Mexican Riviera on October 1, 2005. Dr. Bonnie Bergin, (winner of a Gargoyle award), will be conducting lectures and training sessions during the cruise. The ports of call will be accessible, and assistance dogs (of all kinds) can go on the many excursions that are planned in Puerto Vallarta, Mazatlan, Cabo San Lucas, and Le Paz. A veterinarian will be on board as well as people to assist with toileting dogs or other needs.
For more information, contact Daun Flynn of the Travel Depot at 800/418-4242.
Read about Dr. Bergen's 1998 Gargoyle Award, for the establishment of The Assistance Dog Institute over thirty years ago in California and for her continuing research and education.
Source: Jorjan Powers, Community & PR Director [Ph: 707/545.DOGS / Fax:707/545-0800], Assistance Dog Institute, 1215 Sebastopol Rd., Santa Rosa, CA 95407 Small businesses urged to review costs of proposed ADA regulations By Kent Hoover, Washington Bureau Chief Small businesses could face billions of dollars in renovation costs in order to comply with new Americans with Disabilities Act regulations being considered by the Department of Justice. For example, the proposed ADA architectural standards require businesses to make employee-only areas accessible to people in wheelchairs, even if none of their employees is disabled. Current regulations require wheelchair accessibility only in public areas. This is just one of 300 pages' worth of ADA changes being considered. The Small Business Administration's Office of Advocacy is urging small businesses to let it and the Department of Justice know how much the proposed regulations would cost. The deadline for written comments has been extended to May 31. The Department of Justice also is seeking comments on whether small businesses should be exempted from the new regulations. Jack Faris, president of the National Federation of Independent Business, is confident the Bush administration will listen to small businesses' concerns about the new ADA proposals. "The president," he says, "knows about the impact of regulations on small business." Questions about the DOJ notice and/or process should be directed to DOJ at 800/514.0301 voice or 800/514.0383 TTY.
For more information
The proposed new ADA standards
Source: Bizjournals, 2/14/05. [NOTE: The US Access Board issued ADA and ABA Accessibility Guidelines for Buildings and Facilities on July 23, 2004. These are not enforceable standards. On September 30, 2004 the U.S. Department of Justice (DOJ) issued an advance notice on its intent to update its ADA standards based on new guidelines the Board issued in July 2004. The DOJ notice puts questions to the public on various application issues, such as how much lead time should be provided before the updated standards take effect. It also discusses issues concerning existing facilities, which are subject to requirements in DOJ's regulations but which are not addressed in the Board's guidelines except where altered. In addition, the advance notice discusses specific issues concerning certain types of facilities and equipment, miscellaneous matters, such as DOJ's process for certifying state and local codes under the ADA, and information for its use in developing a regulatory impact analysis. The information sought from the public through this advance notice will be used by DOJ in proposing a follow-up version that will also be made available for comment before it is finalized. The notice, which includes instructions on submitting comment, is posted on DOJ's website. The deadline for comment is May 31, 2005 (extended from the original deadline of January 28th). Disabling the ADA, One Nominee at a Time By Herb Levine In 1990, the first President Bush signed the Americans with Disabilities Act and proclaimed, "Let the shameful wall of exclusion finally come tumbling down." Fifteen years later, George W. Bush is apparently rebuilding that wall by undermining the ADA through judicial appointments. Bush is nominating judges who are outspoken, if not radical, in their opposition to the ADA and the protections for people with disabilities. In an ironic Republican twist, if these judges had their way, civil rights for people with disabilities would regress, prohibiting full participation in society and putting more people with disabilities on government assistance. A case in point is the nomination of Terrence W. Boyle to the U.S. Court of Appeals in Richmond, Va. His confirmation hearings in Washington begin this week before the U.S. Senate Judiciary Committee, on which Sen. Dianne Feinstein, D-Calif., sits. Were Boyle to be confirmed, it would further erode the protections people with disabilities have enjoyed under the ADA. Boyle's record of decisions in U.S. District Court concerning the ADA is a direct attack on the civil rights of people with disabilities; he has consistently ruled that the ADA is, in effect, unconstitutional. Many of his rulings are based on radical interpretations of disability-rights laws, which are often inconsistent with basic disability law and interpretations found in other courts and government enforcement agencies. Without the ADA, many people with disabilities would not get a chance to become productive taxpayers and members of the workforce. Anyone who has a disability or knows someone with a disability knows of the discrimination that takes place: from the woman who is blind and doesn't get a job because a potential employer doesn't understand that she can do the job with computer software to the paraplegic who can't serve on a jury because he can't get his wheelchair into the jury box. Yet, to hear it from Boyle, the ADA is an evil entitlement program that has nothing to do with civil rights. Boyle has gone so far to say that the ADA's civil-rights significance is invalid, stating in Pierce vs. King in 1996, "Although framed in terms of addressing discrimination, the Act's operative remedial provisions demand not equal treatment, but special treatment tailored to the claimed disability." This example is typical of how he has ruled against the validity of the ADA and the protections people with disabilities have in fighting discrimination. Boyle joins Bill Pryor, a nominee for the U.S. Court of Appeals in Atlanta, and Jeffrey Sutton, who was confirmed to the U.S. Court of Appeals in Cincinnati, as activist judges who are being elevated to positions that will significantly affect the civil rights of people with disabilities. As confirmation hearings in the Judiciary Committee begin, it is imperative for members of the committee, including Feinstein, to look beyond the general litmus tests of the hot-button topics of abortion and same-sex marriage and to civil rights for millions of people with disabilities. If the federal courts continue to chip away at the ADA, there will soon be no ADA left to whittle, reconstructing the barriers the first President Bush hoped to eliminate in 1990. What we would be left with is a whole segment of our population who would no longer be active participants in society but would be encouraged to wait for a handout, go to an institution and keep away from the rest of us. A Boyle confirmation would relegate disability to the dark ages of the early 20th century, when access to public facilities was not a recognized right. Erosion of civil rights in the U.S. Court of Appeals is erosion in civil rights nationally. The ADA is, slowly but surely, increasing access by our community to education, jobs and a better life. Boyle, through his legal interpretations, is working to stop that access. [Herb Levine is executive director of the Independent Living Resource Center in San Francisco.] Source: San Francisco Chronicle Housing Rental and Tenants' Rights Survey The Statewide Housing Action Coalition has asked us to help circulate a survey designed to gather information on the rights of tenants and problems they may have experienced while renting their home or apartment. Feel free to fill the survey out electronically or on paper and then send it to: Statewide Housing Action Coalition, Executive Director [Tel: 312/939.6074 / Fax: 312/939.6822] 11 East Adams St., Suite 1501 Chicago, IL 60603 Surveys will be accepted until mid to late March 2005.
Take the survey in English
Take the survey in Spanish
Source: CCDI, 2/23/05. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
