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August 2005
The Kids Are All Right How do feel about Jerry Lewis and the telethon? Do you think his portrayal of people with disabilities is degrading and despicable? If you're getting a sour taste in your mouth and you feel like throwing up just thinking about another telethon approaching fast, then here's an opportunity to take action. We're asking Independent Living Centers and activists throughout the country to organize free public screenings some time around Labor Day of the documentary The Kids Are All Right, a half-hour video about a renegade Jerry's Kid named Mike Ervin. A Muscular Dystrophy Association (MDA) poster child in the 1960s, today Mike is a disability rights activist who challenges the use of pity to raise money in the MDA's annual Jerry Lewis Labor Day telethon. The documentary follows Mike and his group Jerry's Orphans as they organize protests against the telethon in Chicago. The video includes intense footage of protests from three consecutive years paired with an interview in which Mike explains the history of Jerry's Orphans and the reasons he co-founded the group. Our goal is to use this documentary as an anti-telethon organizing tool within the disability community. We hope activists like you will be interested in using the film to stir discussions in your area about pity, charity and the perception of disability. If you wish, you can also use the screening to generate media coverage and protests to counteract the damage of the telethon. We are also in the process of creating viewer discussion guides to help facilitate your post show discussion. We'll be glad to send free copies of the guides and the video to anyone interested in organizing a screening. If you would like to participate, please give me a call or send me an email. My telephone number in Chicago is 773/929.6362.  send me e-mail
For more information, check out our Web site.
I look forward to hearing from ALL OF YOU. Take care and FREE OUR PEOPLE. Sincerely, Barb Wesolek, Outreach Campaign Coordinator Anniversary of the Americans With Disabilities Act, 2005 By The President of the United States of America A Proclamation On July 26, 1990, President George H. W. Bush signed into law the Americans with Disabilities Act (ADA). This historic legislation provides a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. The ADA reflects our Nation's faith in the promise of all individuals and helps to ensure that our Nation's opportunities are more accessible to all. The ADA has been a great success in expanding opportunity for disabled Americans. By reducing barriers and changing perceptions, the ADA has increased participation in community life and given greater hope to millions of Americans. Because of the ADA, individuals with disabilities are better able to develop skills for school, work, and independent living. Our Nation has more to do to further the goals of the ADA. Through the New Freedom Initiative, my Administration is building on the progress of the ADA to increase the use of technology and expand educational and employment opportunities. We are promoting the development and dissemination of assistive and universally designed technology. We have launched DisabilityInfo.gov, an online resource of programs and technology relevant to the daily lives of people with disabilities and their families, employers, service providers, and other community members. We also require electronic and information technologies used by the Federal Government to be accessible to people with disabilities. To ensure that no child with a disability is left behind, I have requested $11.1 billion for the Individuals with Disabilities Education Act in my FY 2006 budget, $4.7 billion above the FY 2001 level. The Department of Education is seeking new and effective ways for students with disabilities to learn. My Administration is also working to educate employers on ADA requirements and further assisting persons with disabilities by implementing the "Ticket to Work" program and strengthening training and employment services at One-Stop Career Centers. Through all of these efforts, we are helping individuals with disabilities have the opportunity to live and work with greater freedom. On the 15th anniversary of the Americans with Disabilities Act, we celebrate the progress that has been made and reaffirm our commitment to fulfilling the ADA's mission of bringing greater hope and opportunity to our Nation's disabled Americans. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim July 26, 2005, as a day in celebration of the 15th anniversary of the Americans with Disabilities Act. I call on all Americans to celebrate the many contributions individuals with disabilities have made to our country, and I urge our citizens to fulfill the promise of the ADA to give all people the opportunity to live with dignity, work productively, and achieve their dreams. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of July, in the year of our Lord two thousand five, and of the Independence of the United States of America the two hundred and thirtieth. Olegario D. Cantos VII, Special Assistant to the Acting Assistant Attorney General Civil Rights Division, US Department of Justice 950 Pennsylvania Avenue, NW, Room 5529, Washington, DC 20530 Voice: 202/616-7920 / TDD: 202/514-0617 / Fax: 202/307-2839 HAPPY BIRTHDAY, ADA! The White House Office of the Press Secretary For Immediate Release HAPPY BIRTHDAY, ADA! July 26, 2000 Dear Colleagues: Congratulations to all the magnificent patriots who have fought to pass and to implement the world's first comprehensive civil rights law for people with disabilities. This is the tenth anniversary of the ADA. Has it been a success? Yes. Relative to civil rights laws of the past considering the millennia- deep roots of prejudice against people with disabilities, the viciousness of the opposition by interest groups and that compliance sometimes requires actual physical changes. I believe that the ADA has been more successful than anyone had a right to expect. Presidents Bush and Clinton have supported the ADA publicly and through reasonable enforcement by their (understaffed) Justice Departments. Many state and local governments followed suit. The disability rights movement has celebrated, advocated and enforced the law in most communities. Uncountable millions of substantial accommodations, ramps, lifts on buses, parking places, Braille signs, wide and automatic doors, modified working places and bathrooms, assistive technology, listening devices, captions, telephone relays, interpreters have been provided, mostly voluntarily. More importantly, millions of decision makers have been forced to recognize people with disabilities as full members of the human race, as citizens with the power to advocate and to sue for their rights. In spite of initial business association opposition to the law, a Harris Poll of a few years ago revealed that 83% of business CEOs favored the ADA. All this has been accomplished without the avalanche of lawsuits predicted by early opponents of the Act. It is often stated that the ADA has not been successful because there are still 70% of people with disabilities unemployed. This criticism does not impress me. Employment is determined by numerous physical, psychological, educational and economic factors, many of which are not directly regulated by the ADA. Furthermore, I sense that the measured population of job seekers with disabilities is changing. Far more people with severe disabilities are training for, applying for, getting and not getting jobs. This is a slow process, because we are just now beginning to stop paying people not to work (WIIA, welfare reform, etc), and to lead them down the long road from the attitudes of dependency to the attitudes and skills of competitive work. But progress is being made, and a solid foundation for more progress is being laid, even though superficial percentages have not changed much. Finally, it is totally irrational to judge the ADA in isolation from history. Our democracy was founded more than 200 years ago and we still have a monstrous poverty gap. The Ten Commandments were written more than 3000 years ago and none of them are totally obeyed. Should we judge democracy and the Ten Commandments unsuccessful? It may take centuries for ADA to reach all of its goals. On its tenth anniversary, it is a substantial success. This is not to say that long term success is assured. Democracy is a fragile thing. The forces of retreat are powerful, massively funded and dogmatically determined. They may prevail. We must remain vigilant, passionate and unified in our advocacy for a just society. Solidarity forever. Together, we shall overcome. Justin Dart NCD and the Americans with Disabilities Act: 15 Years of Progress [This paper discusses the National Council on Disability's role in the passage of the Americans with Disabilities Act (ADA) and the continuing efforts of the Council in evaluating the implementation, effectiveness and impact of the ADA.] Since its inception in 1978, the National Council on Disability (NCD) has been at the forefront in advocating for effective policy that establishes equal opportunities for people with disabilities. The Americans with Disabilities Act (ADA) of 1990 was the watershed event for advancing the civil rights of people with disabilities. The ADA's "clear and comprehensive national mandate for the elimination of discrimination against people with disabilities" in which sweeping protections were provided in employment, public services, public accommodations and services operated by private entities, transportation and tele-communications has been the impetus for a revolution in the inclusion, integration and empowerment of Americans with disabilities. Past is Prologue In 1986, NCD released Toward Independence, a report that recommended the enactment of federal legislation that would address the discrimination experienced by people with disabilities. Although many of NCD's recommendations from the report were fulfilled, the most vital recommendation --the enactment of an anti-discrimination statute -- had yet to be realized. By 1987, NCD, determined to push for enactment, embarked on drafting an ADA bill with the hope that a member of Congress would introduce the legislation as his or her own. However, after completion of the draft, no member was inclined to sign on, fearing that there would be a lack of support by their colleagues. NCD then decided to include the ADA draft in its new report, On the Threshold of Independence, which was released in early 1988. With the release of the report, many members of the disability community advocated for the legislation by lobbying their members of Congress. These efforts eventually proved successful, and Senator Lowell Weicker introduced the ADA in the Senate, and Congressman Tony Coelho introduced the bill in the House in April 1988. While the bill was introduced too late in the congressional session to be voted on by both chambers, NCD continued to play a pivotal role in the passage of the ADA. NCD members continued to meet with various members of the disability community, and NCD released another report, Implications for Federal Policyof the 1986 Harris Survey of Americans with Disabilities, which evaluated poll results and made recommendations based on the findings. On Capitol Hill, Congressman Major Owens created the Congressional Task Force on the Rights and Empowerment of Americans with Disabilities, which researched the extent of discrimination. The chairperson of the Task Force was former NCD vice chairperson, Justin Dart, and its coordinator was former NCD executive director, Lex Frieden. By the time Congress returned for the next session and revisions were made to the initial draft, with the assistance of national disability consumer organizations, there was strong bipartisan support for the ADA. The House and Senate passed similar bills, and in mid-July, both chambers passed the final version. With NCD members and staff present, President George H.W. Bush signed the bill into law on July 26, 1990, proclaiming that "together we will not accept, we will not excuse, we will not tolerate discrimination in America....Let the shameful wall of exclusion finally come tumbling down." NCD has chronicled the history of the ADA in its 1997 report Equality of Opportunity: The Making of the Americans with Disabilities Act. More information about NCD's role with respect to the ADA is also described in the 2004 report National Council on Disability: 20 Years of Independence. Forward to the Future Since the passage of the ADA in 1990, NCD has continually reviewed the implementation of the ADA to determine its effectiveness in advancing the civil rights of Americans with disabilities. NCD's 1992 report, Wilderness Accessibility for People with Disabilities, examined the ADA's interplay with the Wilderness Act and other relevant federal policies and regulations. In 1993, NCD issued ADA Watch - Year One and Furthering the Goals of the Americans with Disabilities Act Through Disability Policy Research in the 1990s. In 1995, NCD released The Americans with Disabilities Act: Ensuring Equal Access to the American Dream and Voices of Freedom: Americans Speak Out on the ADA, which provided the perspectives and recommendations from people across the country regarding their experiences with the Act. The reports concluded that five years after the ADA, dramatic improvements in the lives of Americans with disabilities had occurred throughout the country. Five years later, NCD issued Promises to Keep: A Decade of Federal Enforcement of the Americans with Disabilities Act. This report focused on the effectiveness of federal enforcement of the ADA and made recommendations for improvement of federal implementation and enforcement of the law. In 2002, NCD issued Supreme Court Decisions Interpreting the ADA. NCD published in 2003 The Application of the ADA to the Internet and the World Wide Web. In 2003 and 2004, NCD issued a series of policy briefs and final report entitled Righting the ADA, which examined problematic U.S. Supreme Court ADA decisions and proposed the ADA Restoration Act of 2004. In addition, NCD has commented on the ADA in its annual Progress Reports, several amicus briefs, and other position papers. It has been 15 years since the enactment of the ADA, and while it is clear that the legislation has assisted countless people, there are still major obstacles that prevent equal access for people with disabilities. But the question remains: just how much has the ADA impacted the lives of Americans with disabilities? ADA Impact Study Later this year, NCD will issue its latest ADA report, The ADA Impact Study, which focuses on the effectiveness of the Act in achieving equal access goals. The study focuses on the four overarching goals of the ADA-- equality of opportunity, full participation, independent living, and economic self-sufficiency -- as categories in which to measure the achievements and failures of the Act since its passage in 1990. Using these categories as parameters, researchers collected data by conducting seven focus groups, including five groups of specific disability populations and two groups of employers; administering five full-day public forums around the country with people with disabilities, family members, and disability advocates; and by collecting e-mail statements from people who were unable to attend the forums. In addition, individual in-depth interviews were conducted to elicit a wide range of information and perspectives from ADA stakeholders. Raw data from Louis Harris surveys of people with disabilities in 1994, 1998, 2000, and 2004, also was used in determining the impact of the ADA on the lives of Americans with disabilities. The preliminary findings of NCD's ADA Impact study indicate that significant strides have been made in such areas as transportation and accessible public facilities, including restaurants, theaters, stores, and museums. List of 5 items
ADA Implementation Study In addition to the ADA Impact Study, NCD will initiate this month an ADA implementation project. This project comprises two distinct undertakings: stakeholder dialogue and ADA information and awareness strategies. The ADA implementation project will bring together ADA stake-holders for input into developing recommendations for improving the implementation of the ADA.The project will also address litigation-related issues that have been identified as having a detrimental impact on ADA implementation and which are in need of immediate attention. These issues include class action cases brought under the ADA in which: 1) the plaintiffs do not adequately protect the interests of the class at large; 2) the growing concern about the number of ADA lawsuits and administrative settlements in which the parties settle, but the defendant never follows through with the accessibility improvements promised and no follow-up enforcement action occurs; and 3) the appearance of certain people and their attorneys to be making a career out of suing establishments for ADA violations that some consider minor infractions, even alleging the same injuries incurred in many places on the same day. The second part of the project will assess information and outreach strategies used to inform the public about the ADA. Researchers will collect input from relevant stakeholders about public awareness of the requirements of the ADA and will work with pertinent experts to develop strategies promoting awareness of the ADA, including the development of a prototype for an effective public information and awareness campaign to improve stake-holder awareness and understanding of ADA requirements. Our Destination Since the passage of the ADA, NCD has been committed to working with all ADA stake-holders to monitor and evaluate the impact and success of the Act and to search for ways to move us closer to full achievement of the ADA's goals. The past 15 years have been fruitful because of the tireless efforts of dedicated people working together. In the years ahead, we will continue to collaborate in making real Justin Dart's expectation of an ADA that provides for the full liberty and justice for all. The National Council on Disability wishes to acknowledge Bridget Andrews for her work in the preparation of this document. — Lex Frieden, Chairperson Source: National Council on Disability,1331 F Street, NW, #850, Washington, DC 20004, 202/272-2004 Voice / 202/272-2074 TTY / 202/272-2022 Fax Yoshiko Dart, on receiving AAPD's Justice for All Award, July 26, 2005 Happy 15, ADA! Happy 10, AAPD! Beloved colleagues and friends in justice, I love you! Justin loved you and will continue to love you! Thank you all very much for your great leadership and hard work for democracy! I humbly accept this Special Award of AAPD, as a symbolic representative of all the patriots here today and those hundreds of thousands from Sea to Shining Sea throughout America, who have fought and continue to fight for justice and democracy. I accept it in the spirit of solidarity and unity. I accept it with great honor and responsibility. You are the recipients of this Award. It belongs equally to all the past patriots, famous and unknown, who were pioneers in the wilderness. They fought hard and died for us. Thank you! Congratulations! Please take a moment of silence to feel the presence, the passion and the loving spirit of all those who are not with us today and meditate over our future course and responsibility. Let us rededicate our lives to the spirit of civil rights for all that gave birth to the ADA. Let us vow together to use our power to make the American Dream live in every life. Thank you. I am delighted to see many young people here in this room today. I love you! Let all of us, young and old; embrace each other in reverence for individual human life. Let us go forward together no matter how long it takes to empower ALL. We do have the power. We do have the responsibility. Let us act! Together we have overcome. Together, but only together united in love and truth, we shall overcome. I love you all! Lead on! Lead on! Thank you! I am with you always. I love you. Lead on. Lead on. — Justin Dart, Jr. Source: Justice For All Moderator , 27 Jul 2005 Disabled face housing bias Landlord discrimination to potential renters told in Chicago study By Antonio Olivo and Dave Wischnowsky, Tribune staff reporters July 25, 2005 Renters with disabilities in the Chicago area experience more housing discrimination than blacks or Latinos, according to a federal study that will be released Monday. Half the time, potential renters who are deaf were treated worse than potential renters who could hear during an 18-month study by the U.S. Department of Housing and Urban Development. A quarter of the people reporting negative experiences never made it past the initial phone call, as landlords either hung up on or cut off operators who were assisting the callers. In other cases, renters who were blind or had mobility problems weren't even allowed to visit vacant apartments. The study, based on 100 different contacts between landlords and disabled "testers" working with researchers, "confirmed information that we've previously received in the form of complaints and unsubstantiated allegations across the country," said Floyd May, who oversees HUD's Office of Fair Housing and Equal Opportunity. "We're not surprised by the findings." In 2004, roughly 39 percent of the 9,100 complaints nationwide alleging housing discrimination came from people with mental or physical disabilities, officials said. Housing discrimination of any kind is a violation of federal fair housing laws and can be punishable by fines of several hundred thousand dollars, officials said. HUD chose to test that trend in Chicago, not because the city is any worse than other metropolitan areas, but because the agency could work with a strong group of advocates here. The study, which the Washington-based Urban Institute helped coordinate, illustrated landlord prejudice faced by renters with mental or physical disabilities through a variety of anecdotes in which disabled and non-disabled testers sought to rent the same units. For example, one wheelchair user who showed up for an appointment to view an apartment was turned away when the landlady realized who her potential renter was. When answering the door, the landlady "very abruptly stated, `No wheelchairs here. You can't come in,'" the unidentified tester said in the study. "She asked me twice, `Can you walk?' I told her no. She said, `No wheelch airs here. No way in. Apartment's too small.'" Later that day, a non-disabled tester visited the property, took an elevator up to see three apartments and left with information about rents, security deposits and fees, the study states. In all, wheelchair users in the study were denied opportunities to inspect apartments 30 percent of the time. Overall, wheelchair users had negative experiences 36 percent of the time, compared with 30 percent for Latinos and blacks in similar studies, the study said. At least a third of advertised rental properties in the Chicago area are not wheelchair accessible, the study found. In another case, a blind tester who showed up to an appointment with a cane and guide dog reported that the landlord failed to answer the door. When the tester later phoned to find out what had happened, the landlord admitted that he was there, saw the tester and did not respond because dogs are not allowed in the building. Disabled renters in Chicago who were told about the study said the stories ring true. Bruce Reynolds, 36, and Tania O'Neil, 36, of Chicago, who are engaged to be married, said they have been forced out of apartments twice because they are disabled. Reynolds, who has cerebral palsy, uses two crutches to walk. O'Neil, because of congenital neurological conditions, often needs a cane. Reynolds said the couple were living in an apartment building on North Sheridan Road earlier this year when its owner learned about their disabilities and wanted to force them out. "One day the owner came up to change a light bulb and batteries for our smoke alarm," Reynolds said. "Then he went downstairs and said to the manager, `Why are you renting to crippled people? They belong in a nursing home.' "They didn't want to work to accommodate people with physical disabilities. And they didn't believe that we could care for ourselves." Reynolds alleged that in an attempt to force him and O'Neil out, the owner had some one try to force entry through the couple's locked apartment door. "They wanted to move our furniture out when we were gone," Reynolds said. "I heard the guy say, `Damn, they're always home.'" In late May, Reynolds and O'Neil decided to move into Eden Supportive Living, 940 W. Gordon Terrace, which, according to building president Mitch Hamblet, is the first 100 percent accessible apartment building for disabled individuals in the country. Reynolds and O'Neil said they enjoy their new home but are still smarting from what happened at their old one. "It made me feel small,to be honest with you," Reynolds said. "Very small." Bryan Greene, director of policy in HUD's office of fair housing, acknowledged the cases of discrimination in the study aren't always clear-cut, particularly among those involving telephone devices for the hearing-impaired, where landlords who hung up on callers may have simply been annoyed or confused by the technology, which uses an operator to relay the typed messages of the caller. Still, "you have people out there with the misperception that working with a telephone relay system or assisting a person with a disability is going to be overly complicated," which is itself a form of prejudice, Greene said. Greene urged disabled renters who've been discriminated against to call the agency's hotline — 800/669-9777 — and said the study can be used as a guide to root out landlord discrimination against the disabled in other cities. He said that HUD intends to use the study in Chicago to launch investigations against landlords who allegedly discriminated against the testers. "Now that we know the persons who've engaged in discrimination, we'll be looking to follow up with enforcement," Greene said.
Information for people with disabilities [HUD]
Access for disabled to be examined By Jackie Kucinich In recognition of the 15th anniversary of the Americans with Disabilities Act (ADA), the House Administration Committee will meet tomorrow to discuss whether the House is genuinely accessible to the disabled and to examine ways to improve emergency preparedness for people with special needs. Brian Walsh, spokesman for committee Chairman Robert Ney (R-Ohio), said, "The chairman has felt for some time that the committee should review the progress that has been made in the House-complex buildings with regard to improving access and safety for the disabled, as well as to look ahead at what can be done to further improve things." Rep. Jim Langevin (D-R.I.), who uses a wheelchair, will testify on the first of three panels and said he will address both what has already been done and what still needs to be done immediately. "There are only two ways in and out of the chamber," Langevin told The Hill. "There is no quick way out of there." While temporary pullout ramps could help in an emergency, a permanent ramp opposite the Speaker's rostrum would be better, he said. "I have trouble believing some kind of temporary solution is going to work when seconds count," he said. "I've seen how quickly people leave when the alarm bells sound." He said that although he is aware that the elevator next to the Speaker's lobby works during an emergency most visitors and staff with disabilities or even members who are temporarily disabled may not. He intends to ask the committee about the costs and benefits of shutting off the elevators during a non-fire-related emergency, he said. "There needs to be better marking [of emergency exits] and education to visitors," Langevin added. When there is no emergency, the House side of the Capitol campus is "fairly good," he said, despite the lack of exits in the chamber. Committee rooms are the least accessible part of the House side for a member with a disability, he said, but he added that the Armed Services Committee, of which he is a member, has made proper accommodations. He praised Ney for going "above and beyond" any requests for accommodation. The second panel of the hearing will be composed of Architect of the Capitol Alan Hantman, Chief Administration Officer Jay Eagen and Capitol Police Chief Terrence Gainer, who will discuss various improvements and projects that they are working on to improve the safety of visitors and staff members with special needs. The final panel will be composed of several members considered experts in the field of accessibility. Jeffrey Rosen, general counsel and director of policy for the National Council on Disability, who was consulted about the hearing but will not testify, told The Hill in a previous interview that even attending a congressional hearing or visiting a member can be cumbersome for people with certain disabilities. Rosen, who is deaf, said some committees do not let him bring his interpreter to hearings but required him to liaise with them about it. The hearing tomorrow will include several services for the disabled, including an American Sign Language interpreter, a Close Vision interpreter and real-time captioning service. "We cannot have the freedom of an impromptu meeting [with a member], the meeting must be arranged in advance," Rosen said. According to Susan Irby, a spokeswoman for the Senate Rules Committee, "Senator Lott is constantly striving to address the concerns of the ADA to enable everyone to independently access the Senate building." Irby said a member of Sen. Trent Lott's (R-Miss.) Rules Committee staff meets monthly with the Senate superintendent and members of the architect of the Capitol's staff to address issues with the Senate buildings including issues with ADA access. She added that several programs are ongoing to accommodate individuals with disabilities including the further installation of braille "way-finding signs" outside of offices and facilities and an interpreter service for the sight- and hearing-impaired through the Senate sergeant at arms. Source: The Hill, 7/27/05. 2006 Paul G. Hearne/AAPD Leadership Award Applications Due 9/9/05 Calling Emerging Leaders with Disabilities — The 2006 PAUL G. HEARNE/AAPD LEADERSHIP AWARD PROGRAM application is now available!! Up to two people with disabilities, who are emerging as leaders in their respective fields, will each receive cash awards to help them continue their progress as leaders. They will also have an opportunity to meet and network with national disability leaders at the AAPD Leadership Gala in Washington, DC on March 8, 2006. U.S. residents with any type of disability are eligible to apply. SUBMISSION DEADLINE: Friday, September 9, 2005 (5 pm, eastern). We apologize for any cross postings. Thank you!
To learn more and obtain an application
American Association of People with Disabilities (AAPD)
Phone: 800/840-8844 (v/tty) / 202/457-0046 (v/tty) / 202/457-0473 (fax)
AAPD web site
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