by Steve Gold
HUD states "it has recently come to the attention" of HUD that people with disabilities"face additional challenges during screening procedures [for public housing and housing choice vouchers] due to poor credit histories often exacerbated by outstanding medical costs related to their disability."
Disability advocates have been aware of this for many years so we're delighted that HUD also now knows about it.
HUD's letter reminds PHAs that "discretion can and should be applied when determining admissions and occupancy policies." It further states that HUD "encourages PHAs to consider extenuating circumstances when screening applicants with disabilities."
While HUD's "reminder" is very welcomed, disability advocates should remember that under the disability laws b 504, Fair Housing Act, and ADA,reasonable accommodations and reasonable modifications of policies are mandatory. The failure to consider the above "extenuating circumstances" as a basis for a reasonable accommodation for a person with a disability is a civil rights violation! A policy that blocks such accommodation is also a violation.
The "poor credit history" is only one barrier. Other barriers have also prevented people with disabilities from receiving federal housing benefits - past criminal histories, especially pre-disability; needed extra rooms for durable medical equipment or for live-in personal assistants; mandatory inclusion of costs for meals in 202/811s. We strongly recommend that the reasonable accommodation route be used for all of these barriers.
While the above HUD memo was written by an Assistant Secretary for Public Housing, the same proscriptions apply to all federally funded housing and to other housing subject to the Fair Housing Act.
Steve Gold, The Disability Odyssey continues
Back issues of other Information Bulletins are available online at http://www.stevegoldada.com with a searchable Archive at this site divided into different subjects.
Information Bulletins are also posted on my blog located at http://stevegoldada.blogspot.com/
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In the right sidebar and at the page bottom, bills in the categories of Aging, Disability, Medicare, Medicaid, and Social Security are tracked.
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Showing posts with label civil rights. Show all posts
Showing posts with label civil rights. Show all posts
Monday, April 4, 2011
Tuesday, September 14, 2010
Editorial - Fairness for Older Workers - NYTimes.com
Read Editorial
Friday, July 2, 2010
Disability.gov: Countdown to the 20th Anniversary of the ADA: Day 24 - Anniversary of the Civil Rights Act of 1964
By Guest Blogger Patrick Cokley, Office of Disability Employment Policy, U.S. Department of Labor
Today is the Anniversary of the Civil Rights Act of 1964 (CRA 64).
The passing of this groundbreaking legislation still exists in the living memory of many Americans. Our society continues to be steeped in the ramifications of Jim Crow segregation and the impacts of “separate but equal,” but because of CRA 64, separate lunch counters and Whites Only bathrooms have become history.
As a student of the American policy-making process, the Civil Rights Act of 1964 is what I would call one of two gold standards in my personal civil rights, the other being the Americans with Disabilities Act of 1990 (ADA). Being an African American and a person with a disability, there are few things that affect me more with regard to my personal civil rights in my day to day life.
Like most Americans, I base my concept of hardships on what is happening in my time and place in history, and compare them with the past. That being said – I had to wonder…in a policy grudge match between the ADA and CRA 64, taking place in the Freedom Ring of Constitution Hall in front of spectators, fans and representatives from the ACLU, which would come out the victor? I couldn’t resist the opportunity to play out in writing what that battle might look like.
Now before the two contenders even step into the ring, there is an obvious age difference. CRA 64 was developed in a time where breaking down segregationist barriers was a day to day struggle. Though there had been a significant series of prior civil rights acts, in many ways the methods that CRA 64 created were untested. The passing of CRA 64 formed a brand new America, and thus CRA has the advantage of years of experience. By contrast, the ADA had the benefits of all of the legislation that came before it – the Architectural Barriers Act, the Voting Rights Acts, the Rehabilitation Act, as well as the Civil Rights Act of 1964. So it had the prior knowledge these acts brought - the “training,” if you will.
For those of you who do not carry a copy of the text of CRA 64 or the ADA in your wallet (or written on your heart), here is a quick rundown of their stats:
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Saturday, June 26, 2010
TIME GOES BY | REFLECTIONS: On the Paranoid Style
by Saul Friedman (bio)
Suddenly, libertarianism has become the newest fashion among the paranoid in American politics. But be not deceived; they are just as reactionary and extreme as their more deranged and schizophrenic political brethren on the far, far right who want to “take back” the government they hate in order to cripple it.
But libertarians are getting a measure of respect in much of the mainstream press and approval by 38 percent of Americans largely as a result of its two most prominent figures, Representative Ron Paul, a likeable Texas Republican, and his son Randall (Rand), who has captured the Republican nomination for the Kentucky Senate seat being vacated by a true oddball, Jim Bunning, a former star major league pitcher.
Perhaps Rand Paul, a practicing opthamologist who ran as a tea bagger, seemed sane compared to Bunning and the Kentucky Republican establishment that ran Bunning out of office, then endorsed a front man for the GOP regulars.
I’m not sure why the Pauls ally themselves with Republicans, most of whom stand for policies, deficit spending and the kind of central government they hate. They could follow the lead of liberal socialists like Senator Bernie Sanders of Vermont who votes with the Democrats (not all the time) but lists himself as an independent.
Rather, as we shall see, these libertarians are not independent from the right-wing Republican Party.
But the Pauls and libertarianism are getting a relatively friendly press because they are not firebrands and libertarianism seems a rather benign, principled ideology which calls for the smallest central government possible.
Ron Paul has been a loyal Republican in the House, but when he ran for President in 2008 he seemed more eccentric than threatening. And he has differed from most of the Congress in opposing George Bush’s war in Iraq and his violations of civil liberties.
The positions of the Libertarian Party, founded in 1971, seem benign and consisting of mere slogans. It is holding its convention this spring with the theme “Gateway to Liberty,” and some of its positions on civil liberties (not civil rights) and the war in Iraq, which Ron Paul opposed, are admirable. But where principled libertarianism goes off the rails is its insistence on a small government as envisioned by agrarian President Thomas Jefferson. It’s not only hypocritical, but useless and dangerous.
I recall an ongoing conversation I had some years ago with one of the officials of the Cato Institute, Washington’s leading and richest libertarian think tank. He held that Jefferson made a mistake in setting a precedent for expanding presidential power when he undertook to make the Louisiana Purchase, 828,000 square miles west of the Mississippi from New Orleans to the Canadian border for about $15 million.
My Cato friend argued, as Jefferson’s conservative critics argued then, that the Constitution did not specifically permit such presidential power. Jefferson, who feared that the Spanish, French and English could establish colonies along the Mississippi and cut off the nation’s western expansion, argued that the Constitution did not prohibit the president from taking such action.
Since then, libertarians have regularly argued that presidents and the Congress have trampled on the Constitution’s limitations and expanded government for purposes that limited the freedom of the individual to make his/her own decisions and take responsibility for his/her actions.
That is essentially the Cato view, which favors “the traditional American principles of limited government, individual liberty, free markets and peace.”
But since Jefferson, the limits of government have been steadily enlarged – by John Adams’s Alien and Sedition laws, Andrew Jackson’s federal bank, Woodrow Wilson’s decisions that brought the U.S. into foreign wars, Teddy and Franklin Roosevelt, Dwight Eisenhower, Richard Nixon and Ronald Reagan. But Cato has rarely protested or lobbied against Republicans.
Instead, aided by its right-wing corporate sponsors, Cato has opposed most industry regulations, most social programs, the income tax, gun control, the Federal Reserve, much of the United Nations actions and the International Court of Justice on the grounds that they impinge on the U.S. Constitution and the rights of Americans.
And in practice, Cato and the libertarians support most of the conservative Republican initiatives to end Social Security and Medicare.
The last time I was at the Cato Institute, I attended a lecture by then-Representative Dick Armey, [R., Tex.], who taught economics at a small Texas college before he became the House Majority Leader, second in command to Speaker Newt Gingrich. They had taken control of the Congress with their “Contract for America” which consisted, among other things, of stripping the Food and Drug administration and the financial industry of regulations dating back to the New Deal. Armey’s special cause was, as he put to me, to “wean our old people away from Medicare” by slowly privatizing the program.
At the Cato Institute, Armey told the friendly crowd that he had decided not to participate in Medicare. And he recommended that as a libertarian course - that is, individuals should be at liberty to care for themselves through the free market.
Indeed, since then, Armey has sued to permit him and other plaintiffs to prohibit the government from forcing persons on Social Security to become participants in Medicare Part A. If upheld, such an action by enough libertarians would undermine Medicare’s beleaguered Hospital Insurance Fund.
Naturally, the Cato libertarians and every Republican opposed the Affordable Health Care Act, which, among other things, saved the trust fund for another 12 years. And Armey, a paid lobbyist, used his “Freedom Works” organization to round up corporate backing and money for the phony grass roots numbskulls that became the tea baggers.
It should be clear that despite the prineipled intents of those members who think of themselves as independents, libertarians have been right-wing Republican wolves in sheep’s clothing and part of what ths historian, Richard Hofstadter, called “The Paranoid Style in American Politics.”
It is worth revisiting his famous essay. It was written in 1964, when one of the heroes of libertarianism, Barry Goldwater, had captured the Republican Party.
The essay appeared in Harper’s Magazine shortly before the presidential elections began.
Goldwater opposed Medicare, the minimum wage, federal aid to schools and all welfare as “socialism.” With a famous speech of support from Ronald Reagan, the Goldwater movement reached its peak during the presidency of a liberal Democrat. It lost the 1964 election to Lyndon Johnson, but Goldwater’s libertarian heirs, which supported the non-libertarian, big government, Richard Nixon, solidified their takeover of the Republican right under the leadership of Ronald Reagan.
Later in life, Reagan and Goldwater, moderated their views on social issues and would not now qualify for the libertarian pantheon.
Today, the Paranoid style is best represented by the supposed libertarian tea baggers (of which Rand Paul is a leader), when they depict another liberal Democratic president as a “Marxist, socialist, communist and Muslim.” It turns out that most tea baggers are Republicans, but with a special venom for Obama and liberals and the federal government.
What else but deranged paranoia can explain the assertion by non-church goer Newt Gingrich, a thrice married admitted draft dodger, that the Obama administration and the Democrats in Congress are a “secular socialist machine” that “represents as great a threat to America as Nazi Germany or the Soviet Union?”
A moderate Republican, TV host and former congressman Joe Scarborough called Gingrich’s remarks, “sick” and “pure wingnuttery.” Libertarians and the rest of the Republican Party remained silent.
That’s because – Gingrich’s language aside – most Libertarian Republicans, with the Pauls leading the way, are just as extreme in their views. Rand Paul, who says he’s for limiting the government’s intrusion in our lives, suggested last month to a Russian TV interviewer that the U.S. should abandon its policy of granting citizenship to the children of undocumented immigrants even if they’re born on U.S. soil.
That would be a direct violation of the Constitution. (See the 14th Amendment.)
But that isn’t the end of it for the Pauls. Father Ron has voted consistently with the lockstep Republicans against every Obama proposal like a good soldier in the Party of No.
In 2004, he was the only House member to vote against a resolution commemorating the 40th anniversary of the 1964 Civil Rights Act which he denounced in a floor speech as a violation of property rights.
Son Rand, in his heart of hearts, still opposes the part of the 1964 Act (which Goldwater voted against) outlawing discrimination in restaurants and other private establishments open to the public. He also opposes all forms of gun control, even for suspected terrorists ad undocumented immigrants.
As Joe Conason wrote for Truthout, libertarians would take us back to the nation of Jefferson’s time:
I’m sure that the pressures of practical politics would mitigate these principles. But the Pauls ought to be grilled in the way Rand was outed by Rachel Maddow’s interview to admit his opposition to the Civil Rights Act.
How far do his and his father’s libertarian principles take them in their opposition to the myriad laws and the actions of the federal government to mitigate inequity and promote “the general welfare”and social justice? I’d like someone to ask them, for example, how they differ from the Republicans.
According to Conason. Dr. Rand Paul, the opthamologist, who opposes public programs like Medicare as an intrusion on individual rights, is also opposed to the impending 21 percent cut in Medicare’s payment to physicians. So far his Republican brethren have blocked votes on delaying the cut. I don’t know how Rand Paul would vote.
TIME GOES BY | REFLECTIONS: On the Paranoid Style
Suddenly, libertarianism has become the newest fashion among the paranoid in American politics. But be not deceived; they are just as reactionary and extreme as their more deranged and schizophrenic political brethren on the far, far right who want to “take back” the government they hate in order to cripple it.
But libertarians are getting a measure of respect in much of the mainstream press and approval by 38 percent of Americans largely as a result of its two most prominent figures, Representative Ron Paul, a likeable Texas Republican, and his son Randall (Rand), who has captured the Republican nomination for the Kentucky Senate seat being vacated by a true oddball, Jim Bunning, a former star major league pitcher.
Perhaps Rand Paul, a practicing opthamologist who ran as a tea bagger, seemed sane compared to Bunning and the Kentucky Republican establishment that ran Bunning out of office, then endorsed a front man for the GOP regulars.
I’m not sure why the Pauls ally themselves with Republicans, most of whom stand for policies, deficit spending and the kind of central government they hate. They could follow the lead of liberal socialists like Senator Bernie Sanders of Vermont who votes with the Democrats (not all the time) but lists himself as an independent.
Rather, as we shall see, these libertarians are not independent from the right-wing Republican Party.
But the Pauls and libertarianism are getting a relatively friendly press because they are not firebrands and libertarianism seems a rather benign, principled ideology which calls for the smallest central government possible.
Ron Paul has been a loyal Republican in the House, but when he ran for President in 2008 he seemed more eccentric than threatening. And he has differed from most of the Congress in opposing George Bush’s war in Iraq and his violations of civil liberties.
The positions of the Libertarian Party, founded in 1971, seem benign and consisting of mere slogans. It is holding its convention this spring with the theme “Gateway to Liberty,” and some of its positions on civil liberties (not civil rights) and the war in Iraq, which Ron Paul opposed, are admirable. But where principled libertarianism goes off the rails is its insistence on a small government as envisioned by agrarian President Thomas Jefferson. It’s not only hypocritical, but useless and dangerous.
I recall an ongoing conversation I had some years ago with one of the officials of the Cato Institute, Washington’s leading and richest libertarian think tank. He held that Jefferson made a mistake in setting a precedent for expanding presidential power when he undertook to make the Louisiana Purchase, 828,000 square miles west of the Mississippi from New Orleans to the Canadian border for about $15 million.
My Cato friend argued, as Jefferson’s conservative critics argued then, that the Constitution did not specifically permit such presidential power. Jefferson, who feared that the Spanish, French and English could establish colonies along the Mississippi and cut off the nation’s western expansion, argued that the Constitution did not prohibit the president from taking such action.
Since then, libertarians have regularly argued that presidents and the Congress have trampled on the Constitution’s limitations and expanded government for purposes that limited the freedom of the individual to make his/her own decisions and take responsibility for his/her actions.
That is essentially the Cato view, which favors “the traditional American principles of limited government, individual liberty, free markets and peace.”
But since Jefferson, the limits of government have been steadily enlarged – by John Adams’s Alien and Sedition laws, Andrew Jackson’s federal bank, Woodrow Wilson’s decisions that brought the U.S. into foreign wars, Teddy and Franklin Roosevelt, Dwight Eisenhower, Richard Nixon and Ronald Reagan. But Cato has rarely protested or lobbied against Republicans.
Instead, aided by its right-wing corporate sponsors, Cato has opposed most industry regulations, most social programs, the income tax, gun control, the Federal Reserve, much of the United Nations actions and the International Court of Justice on the grounds that they impinge on the U.S. Constitution and the rights of Americans.
And in practice, Cato and the libertarians support most of the conservative Republican initiatives to end Social Security and Medicare.
The last time I was at the Cato Institute, I attended a lecture by then-Representative Dick Armey, [R., Tex.], who taught economics at a small Texas college before he became the House Majority Leader, second in command to Speaker Newt Gingrich. They had taken control of the Congress with their “Contract for America” which consisted, among other things, of stripping the Food and Drug administration and the financial industry of regulations dating back to the New Deal. Armey’s special cause was, as he put to me, to “wean our old people away from Medicare” by slowly privatizing the program.
At the Cato Institute, Armey told the friendly crowd that he had decided not to participate in Medicare. And he recommended that as a libertarian course - that is, individuals should be at liberty to care for themselves through the free market.
Indeed, since then, Armey has sued to permit him and other plaintiffs to prohibit the government from forcing persons on Social Security to become participants in Medicare Part A. If upheld, such an action by enough libertarians would undermine Medicare’s beleaguered Hospital Insurance Fund.
Naturally, the Cato libertarians and every Republican opposed the Affordable Health Care Act, which, among other things, saved the trust fund for another 12 years. And Armey, a paid lobbyist, used his “Freedom Works” organization to round up corporate backing and money for the phony grass roots numbskulls that became the tea baggers.
It should be clear that despite the prineipled intents of those members who think of themselves as independents, libertarians have been right-wing Republican wolves in sheep’s clothing and part of what ths historian, Richard Hofstadter, called “The Paranoid Style in American Politics.”
It is worth revisiting his famous essay. It was written in 1964, when one of the heroes of libertarianism, Barry Goldwater, had captured the Republican Party.
The essay appeared in Harper’s Magazine shortly before the presidential elections began.
“American politics has often been an arena for angry minds,” wrote Hofstadter. “In recent years we have seen angry minds at work mainly among extreme right-wingers who have now demonstrated in the Goldwater movement how much political leverage can be got out of the animosities and passions of a small minority...I call it the paranoid style simply because no other word adequately evokes the sense of heated exaggeration, suspiciousness and conspiratorial fantasy that I have in mind.”Hofstadter, the scholar, traced the paranoid style back to the anti-Masons and the anti-Catholics. But he wrote in the wake of Senator Joseph McCarthy’s crusade against communists, the rise of the John Birch Society, which joined McCarthy in attacking President Eisenhower as a “conscious agent of the communist conspiracy.”
Goldwater opposed Medicare, the minimum wage, federal aid to schools and all welfare as “socialism.” With a famous speech of support from Ronald Reagan, the Goldwater movement reached its peak during the presidency of a liberal Democrat. It lost the 1964 election to Lyndon Johnson, but Goldwater’s libertarian heirs, which supported the non-libertarian, big government, Richard Nixon, solidified their takeover of the Republican right under the leadership of Ronald Reagan.
Later in life, Reagan and Goldwater, moderated their views on social issues and would not now qualify for the libertarian pantheon.
Today, the Paranoid style is best represented by the supposed libertarian tea baggers (of which Rand Paul is a leader), when they depict another liberal Democratic president as a “Marxist, socialist, communist and Muslim.” It turns out that most tea baggers are Republicans, but with a special venom for Obama and liberals and the federal government.
What else but deranged paranoia can explain the assertion by non-church goer Newt Gingrich, a thrice married admitted draft dodger, that the Obama administration and the Democrats in Congress are a “secular socialist machine” that “represents as great a threat to America as Nazi Germany or the Soviet Union?”
A moderate Republican, TV host and former congressman Joe Scarborough called Gingrich’s remarks, “sick” and “pure wingnuttery.” Libertarians and the rest of the Republican Party remained silent.
That’s because – Gingrich’s language aside – most Libertarian Republicans, with the Pauls leading the way, are just as extreme in their views. Rand Paul, who says he’s for limiting the government’s intrusion in our lives, suggested last month to a Russian TV interviewer that the U.S. should abandon its policy of granting citizenship to the children of undocumented immigrants even if they’re born on U.S. soil.
That would be a direct violation of the Constitution. (See the 14th Amendment.)
But that isn’t the end of it for the Pauls. Father Ron has voted consistently with the lockstep Republicans against every Obama proposal like a good soldier in the Party of No.
In 2004, he was the only House member to vote against a resolution commemorating the 40th anniversary of the 1964 Civil Rights Act which he denounced in a floor speech as a violation of property rights.
Son Rand, in his heart of hearts, still opposes the part of the 1964 Act (which Goldwater voted against) outlawing discrimination in restaurants and other private establishments open to the public. He also opposes all forms of gun control, even for suspected terrorists ad undocumented immigrants.
As Joe Conason wrote for Truthout, libertarians would take us back to the nation of Jefferson’s time:
“So they would do away with legal restrictions on wages, hours and working conditions, including the minimum wage and child labor laws.”And if carried to the principled libertarian extreme, the Pauls would have to support the abolition of Medicare, Social Security, Medicaid, food stamps, public schools and the national parks because private is better than public.
I’m sure that the pressures of practical politics would mitigate these principles. But the Pauls ought to be grilled in the way Rand was outed by Rachel Maddow’s interview to admit his opposition to the Civil Rights Act.
How far do his and his father’s libertarian principles take them in their opposition to the myriad laws and the actions of the federal government to mitigate inequity and promote “the general welfare”and social justice? I’d like someone to ask them, for example, how they differ from the Republicans.
According to Conason. Dr. Rand Paul, the opthamologist, who opposes public programs like Medicare as an intrusion on individual rights, is also opposed to the impending 21 percent cut in Medicare’s payment to physicians. So far his Republican brethren have blocked votes on delaying the cut. I don’t know how Rand Paul would vote.
TIME GOES BY | REFLECTIONS: On the Paranoid Style
Friday, March 12, 2010
A Trailblazer of Civil Rights Dies Forgotten - NYTimes.com
Image via Wikipedia
Neighbors were chagrined last week when the police here found the body of a 75-year-old woman who had frozen to death, alone in her house, during unexpectedly frigid weather.
But they were shocked this week when they learned that the woman, Juanita W. Goggins, had been a civil rights trailblazer who in 1974 became the first black woman elected to the South Carolina legislature.
Now residents of this normally neighborly Southern capital say they are feeling regretful, and slightly guilty, for allowing one of its most revered figures to disappear into a sleepy ranch house with little company. Possibly mentally ill, living without running water or heat, Ms. Goggins is believed to have died on Feb. 20 — when temperatures dropped below freezing — but her body was not discovered for 11 days.
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Thursday, February 18, 2010
Orthopedic Institute of Pennsylvania to Ensure Effective Communication with Deaf and Hard-of-Hearing Patients
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An HHS Office for Civil Rights (OCR) investigation of a discrimination complaint filed by a deaf individual found that he was denied a necessary sign language interpreter when he called to schedule a medical appointment, in violation of Section 504 of the Rehabilitation Act of 1973. Under Section 504, recipients of HHS funding, like OIP, must provide auxiliary aids and services, including qualified interpreters, to qualified persons with disabilities, when necessary to provide an equal opportunity to benefit from their services.
The Orthopedic Institute of Pennsylvania is an orthopedic surgical practice, with 127 staff in six offices. As a result of the Agreement with OCR, when someone who is deaf or hard-of-hearing requests an interpreter, OIP staff will consult with the person to determine an appropriate auxiliary aid and provide an interpreter free of charge when necessary to ensure effective communication. A copy of the Settlement Agreement and OCR's Letter of Findings can be found at http://www.hhs.gov/ocr/civilrights/activities/agreements/index.html. For more information about OCR's civil rights enforcement activities see http://www.hhs.gov/ocr/civilrights/resources/specialtopics/hospitalcommu nication/index.html
Tuesday, February 9, 2010
DEFENDING OUR FREEDOM: ADAPT's Call to Action for Home and Community in America. (2/2010)
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We The People hold our government accountable for enforcing our rights.
As the 20th Anniversary of the signing of the Americans with Disabilities Act draws near, the disability community is not busy celebrating because we are literally in a fight for our lives and our most basic freedoms.
Eleven years ago, in the Olmstead decision, the Supreme Court said that Americans with disabilities have the right to live in the most integrated setting. Yet today, states are responding to budget shortfalls by drastically cutting home and community-based services. These draconian cuts are forcing seniors and people with disabilities into nursing facilities and other institutional settings because they don't have the services they need in the community to remain independent.
As states cut vital services, the federal government, which is charged with protecting our civil rights and enforcing the law, is simply standing by - silent - while Americans with disabilities have their most basic freedoms taken away by the states.
The disability community cannot sit by as our freedom is negotiated away in back room budget deals. We must take action!
DEFENDING OUR FREEDOM is a three-prong national campaign initiated by ADAPT to organize the disability community to:
* Demand that the Obama administration fulfill its duty to aggressively protect the civil rights of disabled Americans and enforce the Americans with Disabilities Act/Olmstead decision;
* File complaints with the Health and Human Services Office for Civil Rights and the U.S. Department of Justice that document the violation of rights of individuals who have been forced into institutional settings, denied community services, or have had their community services reduced as well as complaints that document the state policies and budget cuts that violate our rights; and
* Document the disability community's efforts to fight back against state cuts so that we can learn from each other's efforts, rally others to join our fight, and hold public officials accountable when they do not support our freedom.
I. DEFENDING OUR FREEDOM: Demanding action by the Obama administration
The federal government is responsible for enforcing federal law and assuring that states comply with the Americans with Disabilities Act/Olmstead decision. ADAPT is demanding that the federal government affirmatively and aggressively enforce the Olmstead decision. To do this, the Health and Human Services Office for Civil Rights and the U.S. Department of Justice, must:
1. Accept, investigate and resolve individual and systemic complaints which document state policies and budget cuts that threaten the freedom of Americans with disabilities;
2. Develop specific benchmarks/criteria for assessing state compliance, and holding them accountable. with the Olmstead decision, assess the states and publicly release this assessment on an annual basis;
3. Conduct regular, on-going compliance reviews of states for compliance with the Olmstead decision;
4. Develop "most integrated setting" criteria for determining when DOJ will step in and affirmatively enforce the Olmstead decision whether or not there has been a complaint filed;
5. With CMS, review state submissions for modifying their Medicaid State Plan and HCBS waiver services for the impact that these changes will have on the state's ability to comply with the Olmstead decision so that those changes which limit the freedom of Americans with disabilities are not approved by CMS;
6. With CMS, modify Section Q of the Minimum Data Set so that people who indicate they want to return to community living are actively assisted to do so;
7. Publicly report on the progress that has been made so that these results can be discussed in a potential meeting between Georgina Verdugo, the HHS/OCR Director, and ADAPT representatives.
ACTION TO TAKE: ADAPT is urging organizations across the country to sign on in support of these demands. If your organization would like to support this campaign, email DOF.signon@gmail.com
II. DEFENDING OUR FREEDOM: Filing complaints to protect our freedom
The Health and Human Services Office for Civil Rights and Department of Justice are charged with protecting the civil rights of Americans with disabilities who want to live in the most integrated setting. Although they are able to affirmatively enforce the law without specific complaints, these agencies typically take action only when complaints are filed. We need to file complaints that document the violation of rights of individuals who have been forced into institutional settings, denied community services, or have had their community services reduced. We must also file complaints that document the state policies and budget cuts that steal the freedom to we are entitled under the Olmstead decision.
ACTION TO TAKE: ADAPT has prepared a form you can download and fax to us toll free at 1-888-324-0787. We will forward your complaint to the Health and Human Services Office of Civil Rights, the appropriate HHS/OCR Regional office, and the Department of Justice. If you choose to file your complaint yourself, please notify us at DOF.complaint@gmail.com that you have filed a complaint and, if possible, send ADAPT a copy.
III. DEFENDING OUR FREEDOM: Fighting back and sharing our stories
Even though there are different battles in individual states, we are fighting the same fight. To strengthen these efforts across the country, our campaign will collect personal and state stories about the effects of budget cuts and the efforts to fight back against them. ADAPT has created a website (www.defendingourfreedom2010.blogspot.com where we can post information and pictures of your advocacy. This will create a public record of the disability community's efforts to stop cuts and hopefully inspire others across the country to speak up and speak out, too. State advocates can also submit individual calls to action so that we can support each other's efforts.
ACTION TO TAKE: Send submissions to defendingourfreedom@gmail.com . And remember to keep up on what groups are doing by reading the blog: www.defendingourfreedom2010.blogspot.com
Steve Gold, The Disability Odyssey continues
Back issues of other Information Bulletins are available online at http://www.stevegoldada.com with a searchable Archive at this site divided into different subjects.
To contact Steve Gold directly, write to stevegoldada@cs.com or call 215-627-7100.
Tuesday, January 26, 2010
Paralyzed Man Accuses Ohio Hotel Of Discrimination - CBS News
(AP) - An Ohio man paralyzed from the waist down is suing a hotel, accusing management of discrimination for refusing to give him a room because he can't control his bowels and soiled linens during a previous visit.
Shawn Pouliot (POOL'-yaht) says he sought a room at the Akron City Centre Hotel in December but was told by a desk clerk that he had been banned for life.
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Shawn Pouliot (POOL'-yaht) says he sought a room at the Akron City Centre Hotel in December but was told by a desk clerk that he had been banned for life.
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Sunday, January 10, 2010
Cabs pass Lenny Zakim's daughter by as she waits in her wheelchair - Newton - Your Town - Boston.com
Image via Wikipedia
On weekends, Zakim and her twin sister, Deena, often enjoy the student clubs in Allston and Brighton. This past New Year's Eve was no exception, and the young women and a friend, rang in 2010 at the White Horse Tavern on Brighton Avenue.
Around 2 a.m. on Jan. 1, Shari Zakim said, they emerged onto the sidewalk outside the club to hail a cab back to Deena's home in Allston. When the first empty cab passed her group by, they chalked it up to a busy night. But then another empty cab, then several more, drove right on by, she said.
Finally a car from Revere-based Top Cab, the city's second-largest cab provider, stopped, she said.
...........
But the ride never happened. The driver pulled over, and then, according to Shari Zakim, saw her wheelchair, locked his doors and drove off.
She was shocked and humiliated.
"It made me angry. I can transfer (from the wheelchair) very easily. The assumption was made that people in wheelchairs must not be independent."
She never got to show the driver that she lifts herself onto the seat and disassembles her own wheelchair without assistance. The wheels and seat can be placed next to her, as Zakim does when driving her own car, or stowed in the trunk like any other piece of luggage.
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Monday, October 12, 2009
ADAPT Demands Full Civil Rights in Georgia; Atty. Gen. Holder
National disability rights organization ADAPT has invited U.S. Attorney General Eric Holder to address a disability rights rally at Atlanta's King Center on Sunday, October 11. The rally kicks-off ADAPT's week in Atlanta, and will follow a march from the CNN Center, past historic Ebenezer Baptist Church to the grounds of the King Center. There, ADAPT will pay respect to Martin Luther King, Jr., the major architect of America's civil rights movement, and in the shadow of his memorial remind America that Americans with disabilities are still waiting for freedom and full civil rights.
"We're here in Atlanta to demand freedom from nursing homes and institutions for people with disabilities and who are older," said Randy Alexander, Organizer for Tennessee ADAPT. "Currently, Medicaid law is biased in favor of forcing people into expensive nursing facilities and other institutions, rather than mandating that people can choose to stay at home with the assistance they need. As a result, hundreds of thousands of older and disabled Americans have lost their homes and their freedom, and have been virtually locked up for the crime of disability or age. It's a violation of our civil rights!"
Legislation currently in Congress, the Community Choice Act (CCA), would give Americans across the country the choice to stay in their own homes to receive the services and supports they need in their daily lives, thus removing the institutional bias in Medicaid.
Continue Reading
"We're here in Atlanta to demand freedom from nursing homes and institutions for people with disabilities and who are older," said Randy Alexander, Organizer for Tennessee ADAPT. "Currently, Medicaid law is biased in favor of forcing people into expensive nursing facilities and other institutions, rather than mandating that people can choose to stay at home with the assistance they need. As a result, hundreds of thousands of older and disabled Americans have lost their homes and their freedom, and have been virtually locked up for the crime of disability or age. It's a violation of our civil rights!"
Legislation currently in Congress, the Community Choice Act (CCA), would give Americans across the country the choice to stay in their own homes to receive the services and supports they need in their daily lives, thus removing the institutional bias in Medicaid.
Continue Reading
Tuesday, September 22, 2009
The Health Care Blog: Limited English Proficiency Shouldn’t Mean Limited Health Care
By CHANIN BALLANCE
It’s impossible to know exactly what shape healthcare will take for Americans as Congress and President Obama struggle with reform measures in the coming months. But one thing is certain: Those who have limited English proficiency will continue to have more health care services they can understand.
Though the U.S. has prohibited discrimination, including language access for limited English proficient persons, since the passage of the Civil Rights Act of 1964, the reality in the healthcare industry is very different. Whether insured or not, those who don’t speak or read English “very well” tend to have care that’s not as good as those who do.
Read More
It’s impossible to know exactly what shape healthcare will take for Americans as Congress and President Obama struggle with reform measures in the coming months. But one thing is certain: Those who have limited English proficiency will continue to have more health care services they can understand.
Though the U.S. has prohibited discrimination, including language access for limited English proficient persons, since the passage of the Civil Rights Act of 1964, the reality in the healthcare industry is very different. Whether insured or not, those who don’t speak or read English “very well” tend to have care that’s not as good as those who do.
Read More
Saturday, August 29, 2009
U.P.S. Is Sued Over Disabilities Policy - NYTimes.com
A federal agency has sued United Parcel Service, accusing it of violating federal law by limiting workers’ ability to take medical leave. In a lawsuit filed Thursday in a federal court in Chicago, the Equal Employment Opportunity Commission said U.P.S. had since at least 2002 had an “inflexible” 12-month leave policy that did not provide for “reasonable accommodation” for disabled employees and instead called for their termination. The agency accused UPS of violating the Americans with Disabilities Act and federal civil rights law.
Business Briefing - Legal - U.P.S. Is Sued Over Disabilities Policy - NYTimes.com
Business Briefing - Legal - U.P.S. Is Sued Over Disabilities Policy - NYTimes.com
Monday, June 30, 2008
Help on Four Legs, Sometimes Followed by Confusion
By GREGORY BEYER
Published: June 29, 2008
New York Times
City law declares only that establishments provide “reasonable accommodation” to people with service animals, which can sometimes lead to confrontation.
“We’re the last minority that it’s permissible to treat this way,” she said, referring to users of service dogs and citing humiliations that include long waits, questions about her disability and, occasionally, shouts of “You’re not blind!”
“You never know when someone’s going to look at you,” Ms. Stamm said, “and make a decision that you’re a criminal and you don’t belong where you are, or they have to double-check to see if you’re a real person with rights.”
Thursday, June 26, 2008
House Votes to Expand Civil Rights for Disabled
Washington
House Votes to Expand Civil Rights for Disabled
By ROBERT PEAR
Published: June 26, 2008
The House passed a major civil rights bill that would expand protections for people with disabilities and overturn several Supreme Court decisions issued in the last decade.
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