For further information:

Charlotte DesJardins, Executive Director
Family Resource Center
20 E Jackson Blvd., #300
Chicago, IL 60604
(312) 939-3513,(312) 939-3519 (TDD)

Tyler D. McHaley, Advocacy Coordinator
Coalition of Citizens with Disabilities in Illinois (CCDI)
300 E. Monroe, Suite 100
Springfield, Illinois 62701
V/TTY: (217) 522-7016 / Fax: (217) 522-7024

Source: CCDI Action Alert List

As Fair Housing Act Turns 35, Discrimination Persists

By Elizabeth Levin , Times Staff Writer

WASHINGTON -- Linda Gagne and her husband, Alfred, thought they had found the perfect apartment in San Bruno, Calif. But when the couple met the landlord, she took one look at Gagne's guide dog and said she would not rent to them because of a strict no-pets policy.
Gagne explained that her guide dog was not a pet, but a companion trained to assist her because she is blind. When the landlord still refused, Gagne decided to file a housing discrimination complaint. The Gagnes are among thousands of people across the country who are victims of housing discrimination, according to a report released Wednesday by the National Fair Housing Alliance.

"Before this, I never experienced discrimination in renting a home," Linda Gagne said at a news conference Wednesday. "We also felt like we needed to pursue this so it didn't happen to other blind people. This experience really upset me. I had hoped by the year 2001, owners would know the law." The federal government recorded 25,246 housing complaints in 2002, according to the report -- 72% of them filed by African Americans, people with disabilities or families with children.

People in those groups are the most likely to be targets of discrimination, according to the alliance, a consortium of private, nonprofit fair housing organizations and civil rights groups.

Moreover, complaints based on country of origin increased from 10% in 2001 to 12% in 2002, in part because of increased discrimination against people of Middle Eastern and South Asian descent after the Sept. 11 attacks, the report said.

The 1968 Fair Housing Act, which has its 35th anniversary this month, prohibits rental and sale decisions based on an applicant's race, color, religion or national origin.

On Tuesday, President Bush, Atty. Gen. John Ashcroft and Housing and Urban Development Secretary Mel Martinez signed a proclamation at the White House urging Americans to abide by the law's provisions. Since it was signed into law, the Fair Housing Act has been expanded to prohibit discrimination based on gender and family status. California also outlaws housing discrimination based on age, marital status and sexual orientation.

The fair housing complaints reported in 2002 represent less than 1% of all cases of discrimination, said Shanna Smith, president of the alliance. "Thirty-five years after the passage of the Fair Housing Act, discrimination persists virtually unchallenged," Smith said. "These low complaint levels signal a need for increased fair housing enforcement by the current administration."

Source: Los Angeles Times, 4/17/03

States to Control Housing Vouchers

WASHINGTON, April 3 (AP) — The Bush administration wants to give states control of federal vouchers that help nearly two million families pay their rent, which would be a major change for one of the government's largest housing programs.

Administration officials say states could more efficiently manage the vast program, known as Section 8, which covers 2,600 local housing authorities. About $1 billion in vouchers went unused last year, roughly 8% of the program budget.

... Critics of the proposed shift, mainly Democrats and advocates for low-income housing, say they fear that states would establish different standards for who could qualify for the subsidies. They also say the change would further burden states. ...

The Section 8 program was started in 1976. Families that make less than 50% of an area's median income are eligible for vouchers, with some exemptions available for the elderly and disabled.

People apply for vouchers locally and can use the money to rent private housing. Typically, participants pay no more than 30% of their monthly income to rent, with vouchers covering the rest. ... Some cities have long waiting lists for vouchers. Federal rules require that three-fourths of families who get vouchers after waiting be from the lowest income brackets.

Critics say they fear that states would not be required to abide by that rule if HUD makes the switch. The administration is not proposing enough money to keep pace with rents, said Beth Cooper, of the National Assoc. of Housing and Redevelopment Officials. [HUD Secretary Mel] Martinez envisions a Section 8 program that works with state welfare systems. Congress overhauled the nation's welfare programs in 1996, letting states institute tough eligibility rules and work incentives.

Full details of planned shift have yet to be released, but critics fear states may be allowed to limit the time someone receives vouchers.

Mr Bush proposed the change in his 2004 budget, which includes $13.6 billion for the vouchers, $1 billion more than 2003. That would cover the 1.8 million families on vouchers now, plus a reserve of 100,000.

Under the plan, which is subject to approval by Congress, money would go to the states, which would distribute the vouchers to local housing agencies that apply for them.

Source: The New York Times, 4/4/03

Another Ideologue for the Court

It seems likely that Jeffrey Sutton, a nominee to the US Court of Appeals for the Sixth Circuit in Cincinnati, will be confirmed by the Senate this week. But it is important to recognize why he was selected, and how he fits the Bush administration's plan for an ideological takeover of the courts. Whichever way the Senate votes on him, it must insist that the administration start selecting judges who do not come with a far-right agenda.

There is no shortage of worthy judicial nominees. Federal courts are filled with district court judges, Republicans and Democrats, who have shown evenhanded-ness and professionalism, and many would make fine appeals court judges. State courts are overflowing with judges and lawyers known for their excellence, not their politics.

The Bush administration, however, has sought nominees whose main qualification is a commitment to far-right ideology. Mr Sutton is the latest example. He is an activist for "federalism," a euphemism for a rigid states'-rights legal philosophy. Although federalism commands a narrow majority on the Supreme Court, advocates like Mr Sutton are taking the law in a disturbing direction, depriving minorities, women and the disabled of important rights.

Mr Sutton argued a landmark disability rights case in the Supreme Court. Patricia Garrett, a nurse at an Alabama state hospital, asserted that her employer fired [sic] her because she had breast cancer, violating the Americans with Disabilities Act. Mr Sutton argued the act did not protect state employees like Ms. Garrett. His states'-rights argument narrowly won over the court, and deprived millions of state workers of legal protection. He also invoked federalism to urge the court to strike down the Violence Against Women Act. It did so, 5 to 4, dismantling federal protection for sexual assault victims. Mr Sutton has argued that he was only doing his job, and that his concern was building a law practice, not choosing sides. But throughout his career, he has taken on major cases that advance the conservative agenda. He has left little doubt in his public statements that he supports these rulings.

At his confirmation hearing, Mr Sutton faced protesters with guide dogs and wheelchairs, who were upset about his role in rolling back disability law. Naturally, they urged the Senate to reject him. But the senators' duty to advise and consent goes beyond their vote on any particular nominee. They must make it clear that, in a nation brimming with legal talent, it is unacceptable to focus the search for federal judges on a narrow group of ideologues.

Source: The New York Times, April 28th, 2003.

Fat Man Sues McDonald's Over Non-Hire

BRIDGEPORT, Conn. — A federal judge has refused to dismiss a lawsuit against McDonald's, filed by a New Haven man who claims he was not hired because he is overweight. Joseph Connor had filed the lawsuit last year against the fast food chain, claiming that it discriminated against him, in violation of the Americans with Disabilities Act and the Connecticut Fair Employment Practices Act.

Connor, who weighs 420 pounds, claims that McDonald's violated the laws when it regarded him as morbidly obese and refused to hire him based on that perception.

Further, he alleges that his obesity is a disability, and the restaurant chain violated the CFEPA by deliberately not hiring him. US District Judge Stefan R. Underhill concluded that Connor must be given the opportunity to prove that he is protected under the law.

McDonald's had argued that obesity, except in special cases where the obesity is due to a physiological disorder, is not a "physical impairment" within the meaning of the ADA.

"The judge's decision is a very important one," Attorney Gary Phelan, who is representing Connor, said Wednesday. "This is the first time a Connecticut court is saying that obesity may be a disability under state discrimination law."

Attorney Lawrence Peikes, who is representing McDonald's Corp., said the Judge's decision was not on the merits of the case. "It in no way indicates how the judge views the case factually," Peikes said. "McDonald's is confident there is no merit to the claims and looks forward to having the matter resolved."

Source: The Associated Press, April 17, 2003.

Expert Advice on Reasonable Accommodation

The Great Lakes ADA and Accessible IT Center is pleased to announce that the transcript of the April 15, 2003, audio conference session "Best Practices in Reasonable Accommodation: Back to the Basics" featuring Karen Michael, Esq., Vice President, Employee Relations Consultant, SunTrust Bank Mid Atlantic, Virginia Business Leadership Network, is available in audio and video.

Video
Audio

Justices Clarify Accommodations for Disabled in Small Businesses

WASHINGTON, DC — Thousands of small businesses could avoid a law requiring special accommodations for disabled workers under a 7-2 ruling Tuesday by the Supreme Court. Congress exempted businesses with fewer than 15 employees from the 1990 Americans with Disabilities Act. But lawmakers did not spell out who should be considered an employee. In this case, an Oregon medical clinic sued by a disabled former employee argued it was too small to be subject to the ADA. The clinic, owned by a group of doctors, said the doctors were not employees. The other side argued that shareholders and partners should be considered employees and wanted to count the doctors, which would have pushed the clinic over the 15-employee cutoff. Justice John Paul Stevens said the court was convinced by the standards used by the Equal Employment Opportunity Commission. The EEOC says someone is not an employee if, for example, the person cannot be fired or is liable if a company loses money.

Source: The Chicago Tribune 4/23/03

IDEA in Serious Jeopardy

Congress is moving quickly to weaken the Individuals with Disabilities Education Act (IDEA) by removing student protections and school accountability provisions.... Last week the House Committee on Education and the Workforce adopted HR 1350, a bill to amend the IDEA. The next step in the House will be for the full House to discuss, possibly amend, and then vote on the bill. It is anticipated that this will occur sometime soon after Congress returns from their spring recess, which will be during the week of April the 28th.

As HR 1350 moves through the House, the Senate Health, Education, Labor, and Pensions (HELP) Committee will introduce its version of IDEA reauthorization. Advocates will have about two weeks to react to the Senate bill before it begins to move through the Committee process. Ultimately, the full Senate will vote on the version of IDEA reauthorization that emerges from the HELP Committee.

When the bill passes in the Senate, it will then go through the conference committee process. The conference committee will include selected legislators from the House and the Senate. They will reconcile differences between the House and the Senate bills.

The legislation that emerges from conference committee will then need to be approved by a majority of both houses of Congress. So, although there are a few more opportunities to influence IDEA reauthorization, the further we get in the process, the more difficult it will become to influence policy.

Recommended Actions

The time is ripe to make known your views and concerns about IDEA reauthorization known. Call their local offices and schedule appointments, or try to attend any public forums that your Representative or Senator may be having ...and tell them how HR 1350 would harm students with disabilities and public education.

Senators in particular need to hear from you now, before they begin discussion of their own legislation.

For information on scheduled public listening sessions by Sen. Arlen Specter (R- PA), Sen. Russ Feingold (D-WI), and Sen. Jay Rockefeller (D-WV), e-mail Daniel Davis at daniel@ncil.org.

A Few Concerns

In its present form, HR 1350 would allow for IEP meetings to be held only once every three years, unless the student, parent, or school requests more frequent meetings.

Many schools already manipulate, delay, and intimidate students and parents throughout the education process. Since there is no reason to trust that schools will readily participate in any IEP meetings that students and parents request, IEP meetings should be required at least annually.

IEP objectives or benchmarks would become optional, diminishing accountability. At a time when Congress has embraced accountability with the No Child Left Behind Act, it should not be retreating from accountability in educating our students with disabilities.

The bill's revisions to discipline policy are problematic and threaten to punish students for manifestations of their disabilities. The bill significantly changes the procedures schools must follow before removing students from their classes when the school believes the student needs to be segregated because of behavior or other incidents.

The discipline language in HR 1350 does not distinguish between truly dangerous activities and far more minor offenses.

This language would permit districts to punish students with disabilities for any manifestations of their disabilities that districts believe detract from the vaguely worded "appropriate educational atmosphere." ... Under the Case Amendment, which was adopted in the Education and the Workforce Committee markup, Governors would be given the authority to establish rates for attorney fees for representing students in IDEA cases. Students and parents are already at a tremendous disadvantage in arguing IDEA disputes. Schools have unlimited legal resources available to them and already aggressively pursue legal challenges against students and parents, most of whom have limited financial resources.

New school voucher language is expected to be added to the bill by Rep. Jim DeMint (R-SC). There is a danger that it could allow private schools to discriminate on the basis of disability without consequences and would exempt private schools from crucial requirements of IDEA and Section 504.

It is important that any voucher-like program ensure that private schools comply with anti-discrimination laws and that FAPE (free appropriate public education) in the least restrictive environment is required for all students with disabilities.

More information

"School Vouchers and Students with Disabilities"

NCIL Policy Analyst Daniel Davis

A statement of opposition by the National Parent Centers

Information and alerts from the Pacer Center.

Source: Daniel Davis, National Council on Independent Living

Research Study on Wheelchair-related Injuries Seeks Participants

Funded by NIDRR and conducted by Univ. of Pittsburgh and Rehabilitation Engineering Research Center (RERC), a new research study seeks to investigate the frequency and nature of injuries to wheelchair riders involved in motor vehicle accidents. The broad goal is to learn more about injury risk to wheelchair users in motor vehicle transportation.

We are recruiting people to participate in the study which involves a short survey completed through the mail that asks participants to identify their recent history in the use of transportation and any related accidents or injuries.

The eligibility requirements include 1) that you use a wheelchair or scooter as your primary means of mobility and 2) that at least some point in their motor vehicle transportation use, you remain in the wheelchair, rather than transfer to a vehicle seat 100% of the time. It is not a requirement that you have been involved in an accident to participate. All eligible people who complete the survey will receive $20 for their time and effort.

Contact Ashley Rotko at University of Pittsburgh's Center for Injury Research and Control, 200 Lothrop St., #B-400, Pittsburgh PA 15 213; 412/383 7047.

Ashley Rotko

US Access Board News

Since issuing its standards for electronic and information technology, the Board has maintained a program of continuing on-line guidance and training on the requirements of the standards. These standards, issued under Section 508 of the Rehabilitation Act, cover various means of disseminating information, including computers, software, web sites, and electronic office equipment. Federal agencies must ensure that the technologies they procure are accessible according to the standards.

The Board has sponsored the development of a series of interactive web-based tutorials on different sections of the standards. The tutorials supplement [the] previously released material and provide advanced guidance on how products can conform to the standards. In a couple weeks, three new courses will be made available that cover requirements for software applications and operating systems; desktop and portable computers; and self contained, closed products, such as information kiosks, calculators, and fax machines.

The courses will be part of the on-line "508 Universe" program which was developed by the Federal Information Technology Accessibility Initiative, an interagency partnership on the implementation of section 508. The program, which is available on the Initiative's website at www.section508.gov, also provides a user-friendly introduction to the law, information on buying compliant products, and previously released courses on designing accessible web sites and accessible video and multimedia.

Last year the Board released a draft of guidelines for accessible public rights-of-way which it made available for public comment. The guidelines address access to public streets and sidewalks, including crosswalks, curb ramps, street furnishings, parking, and other components of public rights-of-way. By the close of the comment period in late October, the Board had received over 1,400 comments from persons with disabilities, disability groups, leading industry associations, civil engineers, transportation specialists, public works departments, and others. The Board has completed its review of the comments, which are posted on its web site, and has identified key issues raised by commenters. These include: Alterations, Access for Persons with Vision Impairments, Traffic Roundabouts, On-street Parking, Crosswalks and Walk Signals, and Pedestrian Overpasses. ...

The Board is deliberating on these and other issues raised in the comments and how they can be addressed through revisions to the draft. Once this work is complete, the Board will release a revised set of guidelines and provide another opportunity for public comment.

The Board's draft guidelines for public rights-of-way provide criteria for audible pedestrian signals, as does the latest edition of a key industry resource, the Manual on Uniform Traffic Control Devices.

A report funded by the Board is now available that provides guidance on available audible pedestrian signal products and the interface with traffic signal controllers. The report provides detailed descriptions of available technologies and current and upcoming traffic controllers in the U.S., wiring and power requirements, and lessons learned from existing installations. The Board is also developing guidance materials on section 508 requirements for telecommunications products that will also serve as the basis for an upcoming tutorial.

Interfacing Audible Pedestrian Signals and Traffic Signal Controllers

Board's section 508 homepage

Section 508 Tutorials. To be posted by mid-May: software, computers, self-contained, closed products;and upcoming: telecommunications products

Source: US Access Board, Access Currents, Vol. 9, No.2, March/ April 2003

Thornburghs Establish Disability Lectureship

WASHINGTON, DC — April 16, 2003. The American Association of People with Disabilities (AAPD) announces that Dick and Ginny Thornburgh, recipients of this year's Henry B. Betts Award, have committed their $50,000 cash award to the University of Pittsburgh to help fund the establishment of a lectureship in disability law and policy. The University has agreed to match the Thornburgh's gift, creating a $100,000 endowment for the new program.

The Betts Award, an annual cash award of $50,000, honors and supports the work of individuals who have made extraordinary contributions to the quality of life of people with disabilities. Dick and Ginny Thornburgh are longtime advocates for the rights of people with disabilities both in this country and internationally.

During their remarks acknowledging the award, the Thornburghs took note of the fact that the School of Law and the School of Health and Rehabilitation Sciences had earlier this year jointly created the very first program in the nation to grant a Masters of Studies in Law-Disability Law Concentration (MSL-Disability Law) and that they wanted the cash award to be used to help fund a series of lectures on disability law and policy in connection with the two schools' programs. Their commitment was subsequently matched by the University, bringing the endowment to a total of $100,000.

ADA (and other) Celebrations

On June 8th Rotary will hold an 8K run/5K walk, its 3rd Annual Race to the Finish in Evanston. All funds generated will go to their fund to eradicate polio from the face of the earth. To register send $23 to Race to Finish, PMB #302, 155 Sherman Ave, Evanston IL 60201 4421, by May 31st or go to www.signmeupsports.com. The event, initiated by Rotary Club's Chicago Financial District, is sponsored by Rotary Districts 6440 and 6450.

On July 16th MOPD will offer two events at Navy Pier. Its 3rd Annual Employment Fair will be held from 9 AM to 1 PM; for information contact Gil Selders at 744.7071, tty 744 4964. An added bonus for participating employers is a complimentary seminar, "The ADA: Technical Assistance for Businesses," on June 26th at the DePaul Center. MOPD's 7th Annual Access Chicago will be held from noon to 7 PM; for information contact Sharon Corrigan or Tyra Carroll at 746 5702, tty 746.5711.

On July 22nd from 10 AM to 3 PM, the IL Dept. of Human Services will hold its 13th Annual ADA Celebration at the Thompson Center, 100 W Randolph in Chicago. From July 21st to August 1st its art exhibit will feature nearly 200 visual and literary works. Its Employment Match and Fair will feature workshops on assistive technology and ADA issues, with simultaneous phone connections downstate. For information call 312/793.0034, tty 793.3597.

On October 17th CDR will hold its 13th Annual Gargoyle Awards Dinner. For a nomination application, please call or email our office. The deadline for submission is July 1st. Please consider nominating your favorite advocate for the rights of people with disabilities and their families.