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The Council for Disability Rights |
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July 2003
Gargoyle Award Celebration : October 17
The celebration will begin in the Waldorf Room on Friday,
October 17th, at 6 PM with cocktails (from a cash bar) and hors d'oeuvres
at the Hilton Hotel and Towers, 720 S Michigan in Chicago.
Invitations will be mailed in early September to all members
with zip codes in Chicago and its suburbs (600s through 608s). All other
members will receive raffle tickets in August.
Gargoyle awardees will be announced in the September
newsletter.
The Spirit of Service Betrayed
In his State of the Union address, President Bush spoke with
apparent passion about marshaling the new public-spiritedness inspired by
9/11. He vowed to expand opportunities for meaningful national service,
including those offered by AmeriCorps, President Bill Clinton's worthy
domestic volunteer program. At appearances across the country, President
Bush has touted his plan to "increase AmeriCorps by 50 percent" -- from
about 50,000 members a year to 75,000.
Given the number of young people eager to participate, and the
need for community service like tutoring at-risk children or cleaning up
parks, even 75,000 volunteers seems like a modest gesture. But, sadly,
this is yet another instance where the president's actions have not matched
his "compassionate conservative" rhetoric. Instead of expanding
AmeriCorps, Mr Bush is presiding over a major cutback in its spending and
scope. That translates into devastating cuts for many localities and
community service organizations across the nation that rely heavily on
AmeriCorps members, who serve up to a year and receive a $4,725 educational
stipend.
There is plenty of blame to go around for this debacle.
Congress, for starters, approved a budget that not only slashed financing
for AmeriCorps beneath the level the White House requested, but imposed a
50,000-member cap on the number of participants. Complicating matters is a
disagreement between the General Accounting Office and the Office of
Management and Budget over accounting rules. But the underlying problem is
an absence of presidential leadership. President Bush never backed up his
rhetorical support for expanding AmeriCorps with muscular lobbying to
persuade Republicans in Congress to get on board. As a result, thousands of
patriotic young people will be denied a chance to serve their country, and
cash-strapped communities across the nation will be denied help they badly
need. Longstanding local programs with expertise in effectively mobilizing
volunteers to deliver needed services will be wiped out.
President Bush could begin to rescue the situation by quickly
submitting a supplemental budget request that includes the money needed to
prevent AmeriCorps from shrinking below 50,000 strong this cycle. But it is
hard to be very optimistic that will happen.
Even amid cries for help from anguished community officials, the White
House still refuses to acknowledge the extent of the damage, and the
president's budget request for fiscal 2004 actually asks for $40 million
less in AmeriCorps grants than he requested in 2003. That's strange
behavior for a president supposedly committed to a robust program of
national service.
Source: New York Times, 6-18-03
New Tutorials Announced for Implementing Section 508 Accessibility Standards
Since issuing its standards for electronic and information technology, the US Access 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, websites, 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 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 will be available on the Initiative's web site, 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.
The Board is developing guidance
materials on section 508 requirements for telecommunications products that
will also serve as the basis for an upcoming tutorial.
Source: US Access Board
Issues Identified Among Comments on Rights-of-Way Guidelines
Last year, the US Access 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:
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.
Report Issued on Audible Pedestrian Signals
The US Access 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. New
technologies are available that enable audible signals to be incorporated
into standard pedestrian signal systems. These products have improvements
over older technologies, such as voice features and signals that
automatically adjust to the ambient noise level. However, there has been
confusion over their installation criteria and compatibility with existing
signal controllers. Their installation involves important considerations
concerning sound adjustment and wiring, among others.
A new report funded by the Board 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 report, "Interfacing Accessible Pedestrian Signals with
Traffic Signal Control Equipment," is now available.
Source: Great Lakes ADA and Accessible IT Center
DOJ Coaches Government Web Sites on Creating Accessibility Features
The US Department of Justice has posted a new technical assistance document titled "Accessibility of State and Local Government Web
sites to People with Disabilities." This document provides guidance to State and local governments on how to
make their web sites accessible and provides information resources for web
developers.
Spread the word to your state and local entities!
Source: Great Lakes ADA and Accessible IT Center
Disabled Least Likely to Use Internet, Says Study
Almost three-quarters of Americans who report having a disability also do
not use the Internet, says a new study from The Pew Internet & American
Life Project. Over a quarter of these respondents say their disabilities
make it difficult or impossible to go online. "Currently, the disabled are
less
connected than many other groups of Americans," says the report.
"Just 38 percent of disabled Americans use the Internet," says the study.
"This compares to the 58 percent of all Americans who use the Internet."
Some 18 percent of survey respondents said they had disabilities -- "a
percentage that is very close to the 20 percent of Americans that the
U.S.Census Bureau reports with disabilities," says the study.
"Researchers Colin Keane and Joel Macht of the Neil Squire Foundation have
noted that many of the disabled lack access to adaptive technologies that
would help them use computers and retrieve information from Web sites. At
times, it is physically hard for the disabled to gain access to wired rooms
and buildings. Other times, computer work stations at public sites cannot
be adjusted or lack appropriate desks, chairs, software or adaptive
hardware to make the computer and Internet more usable. In addition, the
disabled as a group are poorer than other Americans and have a hard time
affording the extra expense of adaptive technology."
"It is important to note that respondents in our survey self-defined
themselves as disabled or not," say the researchers. "They were asked if
they had any disability, handicap, or chronic disease kept them from
participating fully in work, school, housework, or other activities, and
they then answered yes or no. In addition, respondents who said they were
disabled were also allowed to self-define their disability as one that
impairs the use of the Internet or one that does not.
"Thus, it is likely that some individuals (especially those who have little
knowledge of the Internet and computers) believe their disability impairs
Internet use when in fact it does not."
"There are social and psychological explanations why some Americans do not
use the Internet," says the study's authors. "A person's sense of personal
empowerment can make a difference in her decision to go online or not.
Those who feel less in control of their lives are less likely to go
online."
The Pew Internet & American Life Project is a non-profit initiative of the
Pew Research Center for People and the Press.
Source: The Center for an Accessible Society
Park and Recreation Access Training Offered
The National Center on Accessibility will host the training "Retrofitting
for Accessibility" September 22-25 in Gatlinburg MD.
Designed for maintenance professionals, facility managers, architects,
landscape architects, access coordinators and planners, this course
provides education on federal legislation and accessibility requirements as
applied to park and recreation facilities and programs.
Curriculum emphasis will include application of accessibility
standards, barrier removal, safety issues associated with accessibility,
and ongoing facility maintenance to assure optimum access for visitors with
disabilities. Participants will learn how to identify barriers and initiate
appropriate solutions for facility renovations beneficial to user groups of
all abilities.
Source: Great Lakes ADA and Accessible IT Center
Conference Will Address Internet Access Issues in Higher Ed
The University of Georgia, under a grant from the Southeast Disability and
Business Technical Assistance Center, is hosting the second "Inspiration
for Increasing Disability Access on Your Campus" conference for disability
services providers in higher education. The one-day conference will be held Friday, September 19, in
Knoxville, Tennessee, at the Knoxville Convention Center, and will be co-hosted by the University of Tennessee.
The conference will cover Internet accessibility issues in higher
education, ADA requirements, and methods to create change in electronic accessibility
in higher education.
Source: Curtis D. Edmonds, Southeast Disability & Business Technical Assistance Center, Georgia Institute of Technology, 404/385.4033.
Cultural Arts Conference
The third annual meeting of the new national professional network of
ADA/504 accessibility coordinators, managers and directors in the arts will
be held at the John F. Kennedy Center for the Performing Arts in Washington
DC from August 5 to 7, 2003.
Source: Great Lakes ADA and Accessible IT Center
Letters
Mr. Joe Bartosch
1 June 2003
Dear Mr. Bartosch:
I recently heard you giving a tongue lashing to a perceived violator of the Disabled-Parking-Privilege-Necessity. As a disabled individual, I was
pleased to hear you giving credence to what is often scorned as, "just
another state handout which inconveniences 'Normal' people."
Odd as it may seem, I urge you not to be so quick to judge those you
visually perceive to be violating the Disabled-Parking-Privilege-Necessity.
There are many with disabilities not as readily discernible as individuals
who utilize a wheelchair or crutches.
Examples of non-visually apparent disabilities include individuals disabled
by Head Trauma and/or Stroke who are able to walk a few steps, but no more.
Depending on the part of the brain affected, some apparently able-bodied
individuals may have deficits which make it impossible to find their
parking space, just seconds after leaving their car -necessitating an
easily found, readily identifiable space.
Similarly, individuals with Neuro-muscular disorders may only be able to
walk
a few steps prior to disabling fatigue setting in. Examples include
Parkinson's, Muscular Dystrophy, Cerebral Palsy and sometimes Alzheimer's.
Further, able-bodied drivers sometimes park to pick up a disabled
individual
Properly used Special Needs Parking Placards are a vital source for
expanding the often hyper limited universe of the Disabled This includes
individuals readily identifiable as Disabled and those who aren't.
Thank you for raising awareness of the
Disabled-Parking-Privilege-Necessity.
Thank you for respecting its abuse for the degrading, insulting,
unacceptable and illegal act it is. Thank you for your ongoing candor and
concern.
Sincerely,
Aaron A. Lew, Stroke Survivor [773/274.8765]
Dear Sir or Madame,
My name is Diane Collins, and I am a disabled, pre-doctoral fellow from the
VA Pittsburgh Healthcare System. We are conducting a study on the
"Functional, Psychological, and Economic Benefits of Service Dog
Partnership".
The inclusion criteria for the study is that an interested person must be
18 years of age or older, and use a wheelchair or scooter as his or her
primary means of mobility. I have 160 individuals enrolled in the study so
far, but need more individuals in the control group, which is made up of
individuals who use wheelchairs or scooters, and do not have service dogs.
The study is a one-time survey that takes about one hour to complete. The
survey and consents are mailed to interested persons. The surveys can be
completed and then mailed to me, or I can interview interested people over
the phone. Participants are reimbursed $20. for their time in
completing the survey.
We have a web site that explains the study. If you can help spread the word about our study,
we would sincerely appreciate it. Thanks very much.
Diane M. Collins, MA, OTR/L
EDITOR'S NOTE: In response to popular demand, here's the letter I wrote for my clients
who are concerned about the HIPAA privacy notices they're receiving. Since
then, I've also discovered that the Illinois preemption analysis is on the
web (on the governor's home page, no less) providing nice confirmation of
my own point of view. Others may want to look for the similar analyses in
their own states.
Ann Hilton Fisher, Executive Director
TO MY HEALTH CARE PROVIDER:
I have received your notice telling me when you may disclose
my personal medical information. Your notice does not mention whether or
not you think you can disclose information regarding my HIV status or my
mental health status.
I am writing to remind you that HIPAA provides that state laws
which are more protective than HIPAA are still in force, and take
precedence over HIPAA. 45 CFR 160.203 provides that HIPAA protections do
not displace state laws that are "more stringent" than HIPAA's own
requirements.
Both the Illinois AIDS Confidentiality Act 410 ILCS 305 et
seq. and the
Illinois Mental Health Confidentiality Act 740 ILCS 110 et seq. are state
laws which are more protective than HIPAA. As a result, health care
providers must continue to comply with the provisions of those laws. In
particular, both laws require that information about diagnosis or treatment
(whether for HIV or for mental health) may not be disclosed without a
specific written consent from me, explicitly authorizing the disclosure of
that information. Both laws provide clear penalties for health care
providers who disclose information without the specific consent.
Please note then, that regardless of the contents of the
privacy notice you have sent me, you may not disclose any information
regarding my HIV status or any information about my mental health without
my explicit written permission.
Thank you for continuing to respect my privacy in these important matters.
Sincerely yours,
Josephine Consumer
Enforcing the ADA: A Status Report from DOJ
The US Department of Justice has recently posted their Status Report for
October through December 2002. Through lawsuits and both formal and informal settlement agreements, the
Department has achieved greater access for individuals with disabilities in
thousands of cases. Under general rules governing lawsuits brought by the
Federal Government, the Department of Justice may not file a lawsuit unless
it has first unsuccessfully attempted to settle the dispute through
negotiations.
Source: Great Lakes ADA and Accessible IT Center
Memo to Disability Community Members
By Kevin Irvine, Senior Transportation Advocate, Equip for Equality
The Americans with Disabilities Act requires public transit agencies to
provide "paratransit" services to people with disabilities who cannot use
the fixed route bus or rapid rail, due to their disability (or access
barriers). Unfortunately, some people with disabilities may not know how to
effectively advocate for themselves when they are applying for ADA
paratransit certification (or re-certification). As a result, some people
may be denied paratransit services to which they are legally entitled.
To help address this problem, Equip for Equality (EFE) partnered with
Marilyn Golden of Disability Rights Education and Defense Fund (DREDF) to
create a new publication, "ADA Paratransit Eligibility: How To Make Your
Case." EFE also received valuable feedback from some people with
disabilities for an early draft of this document. This handout is designed
to assist people with disabilities, advocates, agency staff, and/or family
members in understanding how a person can effectively advocate for
him/herself in the paratransit eligibility process. For a copy, call EFE
312/341.0022.
Since this publication is designed to be applicable to anyone, in any
region of the country, it does not include information specific to any one
city, state or region. If you live in the greater Chicago area, you can
obtain information about applying for paratransit by contacting the
Regional Transportation Authority's Paratransit Certification Program at
312/663.HELP (4357) or 312/913.3122 TTY or check out RTA's web site.
If you have any questions about this handout, please feel free to contact
me directly. If you have feedback on its content or design, please let me
know so that your feedback can be considered if this handout is revised or
updated in the future.
Disabled 'Priced Out' of Rental Market
By Angela Carter, Register Staff
People with disabilities are now "priced out" of the rental housing market,
according to a national study released Friday. Authors of "Priced Out in
2002" found that, for the first time in US history, the average national
rent for modest, one-bedroom units -- ranging from $320 to $1,425 -- was
greater than the monthly income that Americans with disabilities receive
from the federal Supplemental Security Income program. ...
Of the nation's 2,702 market areas, none had modestly priced rents for
efficiency or one-bedroom units that were affordable for the nearly 1.4
million people on SSI who were living in communities last year, the report
said.
Hundreds of thousands were in institutions, nursing homes and board
facilities with costs covered by government funds. ... People with
long-term disabilities received $545 per month in 2002. ...
"Priced Out" was published by the Boston-based Technical
Assistance Collaborative and the Consortium for Citizens with Disabilities
Housing Task Force in Washington, D.C., and funded by the Melville
Charitable Trust. ...
The report recommends increasing production of affordable housing units for
the lowest income Americans, including people with disabilities, restoring
cuts to federally funded housing programs that benefit people with
disabilities, and setting aside more affordable units. ...
Source: The New Haven Register, 5/31/03
Visitable Housing in Bolingbrook
Ed Bannister, Past Pres. of the Coalition of Citizens with
Disabilities in Illinois, and his CCDI chapter have brought visitability to Bolingbrook.
Thanks to his work, visitability is now the governing principle for 10% of
new homes in Bolingbrook. The State has committed a million dollars to
repay local developers for costs incurred.
For more information, contact Ed at 630/739.1556, x.2.
For Sale: Red Ranger Safari Scooter
Brand new, w/ power seat. Must sell; asking $2500. Call Charlie at 847/526.2629.
Free for the Taking
2 folding walkers (w/o wheels)
Call Wanda at 773/625.2834.
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