Sunday December 31, 2017
Obituary for Anna Fay
Excerpted from ObitTree.com
Ms. Fay joined a small group of demonstrators who occupied the New York City office of the Department of Health, Education and Welfare (HEW) for 48 hours while a larger group demonstrated outside. These demonstrations led US led HEW Secretary Joseph Califano to move ahead on Section 504 of the federal Rehabilitation Act, which would provide the legal framework and much of the language for the Americans with Disabilities Act of 1990.
Ms. Fay also played an important role in the founding of important New York institutions. She helped secure the grant that created New York State’s first independent living center, CIDNY. She worked for many years as an administrator for the Mount Sinai Rehabilitation Medicine Department and in her final position, was the Senior Vice President of Independent Living at Independence Care System in New York City.
Ms. Fay’s advocacy continued throughout her life and her leadership will be missed in the disability community.Please find the original obituary at:
Young Disability Rights Activist Becomes
Jordon Steele-John is a 23-year-old disability rights activist and student at Macquarie University. He is now the youngest senator in Australia's history representing Western Australia and is a member of the Green Party. Steele-John is currently studying political science but according to Wikipedia, is going to defer his studies. He uses a wheelchair and has cerebral palsy.
Born in the United Kingdom, Steele-John had to renounce his British citizenship in order to run for national office. He is replacing Scott Ludham who had to step down on the technicality that he held dual citizenship which is not allowed under Australian law. Steele-John won his senate seat and assumed office on November 10th, 2017. He first ran for office in 2013, when he was 18 year old.
Jordan Steele-John said, in his new position, he plans to push an agenda focusing on climate change, disability issues, and youth unemployment. John-Steele will take time off from his study of politics to fully dedicate himself to his new leadership role. He is most excited to bring the lived experiences and diverse perspectives of individuals with disabilities to the political table.
For more information on this story, go to:
The Austrialian Broadcasting Corporation
Disability Pride 2018 Begins Outreach
by Phil BennettOrganizing has begun for the forth annual Disability Pride NYC Parade (DPNYC), most likely to be held Sunday, July 15th, 2018. Next year’s parade will following the same route as 2017, gathering at Union Square Park and proceeding up Broadway to Madison Square Park; 23rd Street between Madison and Fifth Avenues. The stage for speeches and entertainment will be located at Madison Square.
The first outreach meeting to the Disability Community was held November 29th at the Center for Independence of the Disabled of New York (CIDNY). Jonathan Novick, a representative from the Mayor's Office for People with Disabilities, was in attendance. DPNYC's goal is to have an outreach meeting in each of the city boroughs. The exact locations and dates have yet to be determined.
Currently DPNYC is focusing on putting together it's annual jazz concert fundraiser which will happen Thursday, January 25th, 2018, 6:30 to 9:30pm at the Sheen Center, 18 Bleeker St., between Mott and Elizabeth Streets. All tickets are $100.
Some in attendance at the CIDNY outreach meeting suggested a second fundraiser be held after the jazz concert which would be more affordable for the Disability Community. Please visit the DPNYC website at http://disabilitypridenyc.org/ for more information.
Disabled In Action General Membership Meeting will be held at the Selis Manor, 135 W 23 Street, between 6th and 7th Avenues.
The Disabled In Action Holiday Lunchon will be held on January 28th 2018 from 12:30 to 3:45. The location will be "Dallas BBQ," 241 W 42 St (between 7-8 Avenues). Entree selection will be:
The cost will be $25 for members (make sure you have paid your dues). Guests will cost $35 which includes DIA membership. There is no charge for Personal Assistants who can show a valid Agency ID or documentation, otherwise they will be charged $15. No payment accepted at the restaurant on January 28th. All payments must be made at the DIA General Membership meeting on January 21st. Payments must be made by check or money order; NO CASH payments please. Payment may also be made online via Paypal at the DIA website: www.disabledinaction.org, Or send check/money order to Todd Kreisler 250 E 60 #2C, New York, NY 10022. RSVP & Questions: Edith@disabledinaction.org or 917-733-3794
Long End of Year Editorial
Thank you for connecting with The DIA Activist, the news letter of Disabled in Action of Metropolitan New York. The Activist came out of hibernation in September of 2016 and has been posting regularly since then. We report events and developments in disability, here in the City. We gather stories from across the nation and around the world that concern people with a disability. We find interesting stories about people in our community.
As an activist organization, advocating for the rights of people with disabilities – all disabilities, DIA believes that being informed and knowledgeable about the issues is essential. Knowing the facts, knowing the players, knowing the underlying forces and fully understanding our rights is the only way that we will be able to advance the status and well being of all citizens, regardless of their physical or mental abilities.
2017 has been challenging for those of us who are concerned about: the country, its people, the environment and facts. Many people are upset about a president who is erratic, utters uninformed and incorrect statements, aligns with racists and bigots and has carelessly reversed long standing American foreign policy for no logical reason. But the president is not really the problem, he is a symptom of a larger problem. The problem is that enough of our fellow citizens fell for a "snake oil" sales pitch from a "reality TV show host.
A year into this presidency, a more serious problem is emerging. Our unified government – Executive, House and Senate controlled by the same party – in the wake of their radical “tax reform” legislation, has announced their intention to cut “entitlement spending” or as the president put it, “do welfare reform.” These are euphemistic terms that mean they intend to slash funding for the “social safety net:” Medicaid, Medicare, Social Security, food stamps (SNAP), aid to dependent children (AFDC), the Children’s Health Insurance Program(CHIP) and the like.
Disabled people are almost twice as likely to fall under the poverty line as non-disabled folks. Slightly more than 23% of Americans with a disability live in poverty. The social safety net programs are of vital importance to many people with a disability. It is true that Medicaid, Medicare and Social Security account for more than half of government spending and these programs need to be reorganized. However with some studies showing nearly half of Americans living in or close to poverty, it seems cruel to cut programs for the people who have the least.
But attacking low income people is exactly what the “so called” conservative majority in the House and Senate have said they want to do. The tax cut bill passed by congress at the end of December 2017 borrowed 1.5 Trillion dollars in order to cut the corporate tax rate by 43%. An estimated 80% to 90% of tax breaks in this bill will go to corporations and up-scale Americans. The US government is currently 20 trillion dollars in debt. This year the government will pay 260 billion dollars in interest to service the national debt. That represents 6.5% of all national spending. The federal government pays more in interest than it spends on education, transportation, infrastructure, science and medical research combined and this congress has just upped our interest payments.
Now that these new age conservatives have run up the debt, they want to repay it by cutting social safety net programs. They are truly reverse Robin Hoods, taking health care from the poor to help pay for tax cuts for the rich. This is a new slant on an old policy called “Starving the Beast.” The Beast in this case is the US government. By cutting taxes or running up debt (in this case both) the government is forced to shrink and / or cut spending. These are not conservative policies, they are radical libertarian policies aimed at diminishing the federal government.
According to several surveys, three quarters of Americans live paycheck to paycheck. I have friends who need 24 hour home care assistance and can not get it. Housing prices and rents are out of control. The only way to make things to change is to organize and make our voices heard. The only way that democracy works is when people participate; not just vote but really participate. Disabled folks here in New York City have to get to know their State Senators and Assembly Members because they control Medicaid money and Access-a-Ride money and UBER’s ability to undermine the accessible taxi industry. We have to contact Governor Cuomo and tell him to stop vetoing that bill to help homeowners make their homes accessible. We must let legislators know that we are watching them as they try to cut funding for MLTC (Managed Long Term Care) programs like ICS and self directed home care programs like Concepts of Independence.
2018 is a year where this community either gets its act together or gets stepped on! People with disabilities must band together with the “Senior Population” and others, to stop these threats to the social safety net. Radical libertarian political forces are working overtime to divide the American people. Grass roots organizing and diverse populations coming together is the solution. The disability community is in a unique position to lead the movement to save equal support and protections for everyone. Organizing and mobilizing is the way to make it happen.
Wishing Everyone a
Happy and empowered 2018.
by Phil Beder, Plaintiff
| Disability Rights Advocates (DRA) and four New York City advocates have settled their class action lawsuit against the Four Freedoms Park Conservancy on Roosevelt Island. The suit claimed that many aspects of the park were in violation of the Americans with Disabilities Act (ADA) or just unfriendly and dangerous to people with disabilities.
The Four Freedoms Park is a memorial to the 32nd President of the United States, Franklyn D. Roosevelt. The park is situated on the southern tip of Roosevelt Island; in the East River, between Manhattan and Long Island City, Queens. The park was designed in 1973 by renowned architect, Louis Kahn but was not constructed until 2012 and that is probably why so many components of the park were out of compliance with ADA regulations.
|Staircase at entrance to park|
Most of the plaintiffs in the case were put off by the grand, 100 foot wide staircase at the north end of the monument. Not only was it an impediment to the main entrance for users of mobility devices, it seemed to be an incongruous entry point to a place that honors a president who used a wheelchair. Disability activists also disliked the granite paving stone walkways on the east and west sides. Other complaints included non-ADA compliant bathrooms and an inaccessible gift shop and information booth.
| One of the main sticking points with the FDR memorial was architect, Louis Kahn’s sitting area at the southern end of the park. Kahn wanted to offer visitors a perfect, unobstructed view of the water and skyline, and also give the impression that there was no barrier between them and the East River. To do this he created two large steps to hide the wall that protected people from the water. The problem is that the recessed area (called the “ha ha”) created an unsafe, unmarked ledge with an 18 inch drop into an area inaccessible to wheelchair users.
In the settlement, the Four Freedoms Park Conservancy has agreed to install a lift that will allow people with mobility impairments to climb the steps at the entrance to the park. The paving stone walkways will be grouted to make them smoother and the restrooms and information booth will be made ADA compliant. The Park Conservancy however, was not very creative with its solution for the inaccessible gift shop and recessed sitting area; They will close the gift shop and block off the southern tip of the park to everyone.
Architect's drawing of inaccessible, recessed sitting area (ha ha)
As a plaintiff in the case, I am disappointed but not surprised by the Conservancy’s radical decision to close off a section of the park rather than make it accessible. Ramping the sunken seating area could have been easily accomplished. Several ideas were floated but the Conservancy systematically shot every idea down over a five year period. The gift shop was another “no-brainer” to make accessible. There was loads of space for a ramp and the aisles might have simply needed widening.
It is clear that the Four Freedoms Park Conservancy, with great influence from the Kahn family, views the park as a monument to the architect, Louis Kahn. This park was one of his last designs and he was even carrying the drawings when he died suddenly in New York’s Pennsylvania Station in 1973. Other than the bust of Roosevelt and the donor plaques, the park is almost devoid of reference to the 32nd president.
It seems that for the Kahn family and Park Conservancy, maintaining the architectural aspects of the park was the primary goal. Access and accommodating people with disabilities seemed to be far down on their list of priorities. It is more that ironic that the Conservancy fought against accessibility, in a memorial to a president who had ramps and hand rails installed throughout and around the White House .
In a legal sense, the park will now be accessible. Modification and remedies will be put in place within the next year. My fellow plaintiffs, Edith Prentiss, newly elected President of Disabled In Action said “we look forward to seeing these important accessibility improvements to the park.” Joseph Rappaport, Executive Director of the BCID said “Just as Roosevelt’s Four Freedoms speech still reverberates, we hope that this simple message reverberates as well: If you build it, you must make it accessible to all.” Congratulations to Disability Rights Advocates for their hard won settlement in this project.
DIA Has A New President
| DIA Elected a new president at its November meeting. Long time Vice President for Legislative Affairs, Edith Prentiss will be leading the organization in 2018. At the November 19th meeting, outgoing two term president, Anthony Trocchia wished Edith well and said he will continue his advocacy work as a Board member.
When asked why she sought the presidency, Prentiss responded “like many DIA members, I want to see more involvement and a higher level of engagement in the organization. I want members to be more active in pursuing the goals and purpose of DIA.” In recent years, membership has fallen below 200 and elections were not held for the 2017 term because there were no contested positions.
Prentiss’ objectives for 2018 are simple; find new members, activate the existing base and stimulate engagement. According to her, “DIA members are a diverse group with lots of hidden knowledge.” bringing out the skills and talents that already exist within the organization will be her starting point. Getting member input and “Coming together to identify problems and improving structural deficiencies” will also be her focus.
What issues will be on the DIA agenda in the coming year? Of course ADA access issues and improving transportation services are perennial aching problems that will continue to occupy much of the organization’s time and energy, but Prentiss also wants ideas to bubble up from the membership. Better recognition for service animals has become an issue for quite a few DIA members. The New York State “Single Payer bill, reduced federal monies for health care and Medicaid, cuts to Managed Long Term Care programs and reduced funds of home care workers’ salaries and services round out some of the looming problems facing individuals with disabilities in the City.
Another initiative being discussed is better contact between DIA members and their elected officials. Disabled folks of all stripes must improve their visibility. There are may community and government groups that PWDs must plug into. Community Boards, Police Precinct Community Councils, PTAs, and City Council Participatory Budgeting programs are all places where DIA members can and must get involved.
New Adaptive Clothing Lines
The Disability Scoop is a news website that features stories about people with developmental disabilities. They recently ran two stories about 2 major retailers who are offering a new adaptive clothing line. Some of the special features of this line include velcro and snap closures, zip off sleeves and leg openings to accommodate braces. Tommy Hilfiger is offering these items in-store while Target is selling them online.
For more information check out these articles, posted on the Disability Scoop:
Target, Tommy Hilfiger Expand Adaptive Clothing Lines
Target Unveils Clothing For Kids With Special Needs
|Disabled In Action holds it monthly meetings the third Sunday of the month. For our meeting schedule, check our website at www.DisabledInAction.org. The site for our meetings is the auditorium at Selis Manor. According to their website, Selis Manor is a 14-story residential building that houses 200 visually impaired and physically disabled tenants, their families and service dogs.|
|The central issue of the November 15th civic action was to protest President Trump’s executive order that ended subsidies for low income people who have ObamaCare, also known as the Affordable Care Act (ACA). The concern is that ObamaCare greatly expanded Medicaid enrollment and Trump’s order reduces the overall federal funding for the health care that many disabled New Yorkers depend on.
While the theme of the demonstration was Medicaid funding, protesters spent the afternoon chanting about a wide range of issues. “Save the ADA” was one chant that referenced house bill HR620, sponsored by Representative Ted Poe of Texas. This bill would make it much more difficult to file an ADA case and greatly increase the time for correcting violations to the ADA. There were also chants of disability pride and the protesters even call out “Your Fired,” an obvious reference to Trump’s role as a reality TV show host.
The action started at 1:00 pm with participants taking up their position across the street from the front door of Trump Tower, located on Fifth Avenue between 56th and 57th Street in midtown Manhattan. The protest drew lots of attention from passers by and people from out of town. There is a constant police presence in front of Trump Tower and they seem to be well practiced in dealing with demonstrations. As protesters got into position, police quickly setup barricades to separate protesters from pedestrians to keep sidewalk traffic moving. Demonstrators seem to be a regular part of life around Trump Tower.
Most of the several dozen participants were members of “Wheeling Forward,” described by co-founder Yannick Benjamin as a “solutions based nonprofit” serving the disability community with centers in Harlem and Brooklyn. Benjamin emphasized that “health care is a human right” and implied that protests would continue as long as politicians in Washington keep threatening to cut services.
EEOC Sues Walmart for Disability Discrimination
The Equal Employment Opportunity Commission (EEOC) is the U.S. agency that protects American workers from discrimination on the basis of race, color, religion, sex, gender identity, sexual orientation, national origin, age, disability or genetic information. Employers with more than 15 employees are are subject to EEOC regulations.
|In September of this year, the EEOC filed a lawsuit against Walmart for suspending a long time employee with multiple disabilities. Paul Reina, who has a developmental disability and is deaf and visually impaired, worked as a cart pusher in the Beloit, Wisconsin Walmart for 16 years. When a new manager came on the job, he suspended Reina, almost immediately and demanded that Reina resubmit medical paperwork in order to keep his reasonable accommodations. Prior to the suspension, Reina performed his job with assistance from a job coach provided by an advocacy organization. Reina's accommodation and conditions have not changed in his 16 years on the job.
According to the EEOC, "Employers have a legal obligation under federal law to work with employees who need accommodations for disabilities." Walmart’s suspension of Reina after 16 years of service without a change in his work performance was clearly “illegal discrimination" and unjustified.
The lawsuit is seeking appropriate back and front pay as well as compensatory and punitive damages. The lawsuit is also asking that Wal-Mart provide reasonable accommodations for workers with a disability in the future.
To read thee EEOC press release for this case:
Visit the EEOC website
Taxi Problems in Wales
|Wheelchair users in New York City point to London as the shining example of accessible taxi policy and practice. All cabs in London are purpose built vehicles, made by the London Taxi Company. Every car used as a taxi in London must meet standards called “Conditions of Fitness” which require wheelchair accessibility. This year the London Taxi Company is offering it first electric vehicle.||
While the folks in London can roll into a taxi over a manually deployed, fold down ramp, the BBC is reporting that their neighbors to the west, in Wales, are being “Humiliated by Taxi Refusals.” According to the story posted on October 5, a disability group is claiming “some taxi services in Wales are refusing to pick up passengers who use wheelchairs or assistance dogs.”
The Equality Act 2010 is a British law that makes it illegal for a private for-hire vehicle to refuse to take a person with disabilities, unless they have a medical exemption from the licensing authority. “Disability Wales” is a local civil rights group that wants the Welsh Government to use its new powers over the transport industry, to ensure that people with disabilities are treated fairly by cab drivers.
Wheelchair users and people with sight loss claim they have been refused transport and overcharged. Glyn Furnival-Jones, from Cardiff, claims some drivers do not want to take people with disabilities because they think they will not want to travel far and are too difficult to deal with. Others have claimed that drivers said service dogs could only ride in the car’s trunk. "We would like to see all taxis and private for-hire vehicle drivers take disability equality training. This would give taxi drivers the confidence to be able to support disabled passengers who want to use their taxis," said Ruth Nortey, from “Disability Wales.”
The Welsh Government has recently finished a consultation on the future of taxi licensing and said it plans to introduce new national standards "to drive out poor practice." Even the Taxi Drivers of Cardiff group, said all of its licensed drivers have undertaken disability awareness training, adding: "There is never an excuse for a taxi driver to refuse to take a passenger with any disability."
For more information on this story, go to the
Tanzania’s Deaf Café
|The BBC is a favorite repository of stories on disability issues and videos featuring individuals with disabilities. This video shows a Tanzanian café completely staffed by deaf employees. We found it interesting and hope you do as well.||
Joe Floccari is the Coordinator of the Independence Care System’s "Member Civics League." He has asked Anthony Trocchia, President of DIA for time to present his proposal to start an ADAPT chapter. Anyone interested in signing up should make it a point to attend the meeting on Sunday.
Also on the agenda is City Council Member Andrew Cohen, Chairperson of the Alcoholism, Substance Abuse and Disability Services Committee. He will be talking about the committee’s work and taking politely addressed questions.
ADAPT Wins Concessions In Chicago
|Chicago ADAPT has convinced Democratic Representative Bobby Rush from Illinois’ first congressional district to withdraw his support of a law attacking the power of the ADA (Americans with Disabilities Act). On October 18th, a group of activists from ADAPT gathered at Congressman Rush’s office to question his "undermining the civil rights of people with disabilities."
According to an ADAPT press release, “Bobby Rush was in the Black Panthers, championing equal rights for minorities in the 1960’s, It’s a shame that he ignores his constituents with disabilities, when in fact he was an activist himself.”
As reported in the “DIA Activist” on April 21st, Representative Ted Poe of Texas is sponsoring HR-620, a bill to weaken the ADA. HR-620 is called the ADA Education and Reform Act and it would require up to 6 months before any ADA complaint would be corrected. With a crafty lawyer, fixing violations might take years. Under this proposed bill people requesting ADA compliance would have to write very specific demands with precise locations and descriptions of the modifications to be made. They would also need to cite the exact sections of the ADA that were in violation. Bobby Rush was a sponsor of this bill.
The good news is that on October 20th, Rush’s office posted a letter addressed to disability rights advocates stating he would no longer vote for HR-620. “I understand that this bill needs work and therefore, should it come to a vote, as is, I will oppose it” Rush wrote in his letter.
ADAPT is also confronting Rush about an amendment he made to freeze implementation of the Home and Community-Based Services Rule. HCBS restricts residential facilities from controlling the lives of the people living in nursing homes. It ensures that residents can decide when they eat, when they go to sleep, and who visits them in their homes. An ADAPT spokesperson said, “These are basic rights that all Americans should be able to enjoy.” Rush later withdrew the amendment as well.
If Bobby Rush is not a household name, maybe he should be. In the year 2000, Rush, then a 4 term Congressman had a primary challenge form a young state senator named Barak Obama. He easily beat Obama winning 87% of votes making Bobby Rush the only person to defeat the future president in a political contest.
Our sources for this story are:
ADAPT Press Release 1
ADAPT Press Release 2
Bobby Rush’s response to disability rights advocates
Trump Administration Rescinds
In a story from the October 21st edition of the Washington Post, The U.S. Education Department, under the direction of Betsy DeVos, rescinded 72 Documents that outline the rights of disabled students. The removal of these guidance documents is reported to be a response to the Trump announcement to eliminate government bureaucracy, made after his inauguration. In the statement made to announce the elimination of the guidelines, they were referred to as superfluous, outdated, unnecessary, and ineffective.”
Hearings were held earlier this year on the documents, and advocates for students with special needs unanimously supported their necessity. The guidelines explain, among other things, how federal funds can be used, how to serve children with disabilities placed at private schools and translating the legal jargon of the I.D.E.A. law into language a parent can understand.
Special Ed. Guidelines
It is unclear what effects the rescinding of these documents will have. The Education Department regularly rescinds documents but it is unusual to do 72 at one time. In addition, all of the guidelines were in the domain of special education. This announcement is particularly troubling when we remember that Secretary DeVos had no idea what I.D.E.A. was (Individuals with Disabilities Education Act) during her Senate confirmation hearing.
Representative Bobby Scott of Virginia called the elimination of the special education guidance “the latest in a series of disturbing actions taken by the Trump Administration to undermine civil rights for vulnerable Americans.” But he went on to say that the actual regulations of the law stay in place and will be enforced. What the Trump administration has eliminated are the documents that clarify, explain and give guidance to educators and government managers.
For details, read the Washington Post story
Not Dead Yet Opposes UN Convention
|In a statement posted on their website on October 6th, “Not Dead Yet,” a disability rights group that opposes legalization of assisted suicide and euthanasia, is opposing a draft of Article 6 of the United Nations International Covenant on Civil and Political Rights. Paragraph 10 of the UN document contains language that would “allow” or would “not prevent” . . . “medical professionals to provide medical treatment or the medical means in order to facilitate the termination of life.”|
Not Dead Yet is "strongly opposed" to the language in this document which supports assisted suicide and euthanasia. Not Dead Yet helps organize and articulate opposition to these practices based on secular social justice arguments. Not Dead Yet demands the equal protection of the law for the targets of so called “mercy killing” whose lives are seen as worth-less.
For information on Not Dead Yet, visit their website.
To read the Not Dead Yet Statement opposing the UN Proposal, Click here.
|A “Special Master” was assigned by Judge Daniel to come up with recommendations and on August 10th, Special Master Robert L. Burgdorf, Jr., one of the nation’s leading experts on disability rights submitted a 285 page report finding that at the current rate, it could take another 20 years or more to bring New York City street corners into compliance. Special Master Burgdorf’s report said that it would be “unconscionable” for the current situation to go on and recommended that changes be made to speed up the progress.
Court proceedings on Tuesday October 10th started with prosecution lawyers jockeying for procedural advantage. But when The City was asked to present its response to the Special Master’s 14 point report, a litany of reasons were give to support the status quo. As the lawyers for The City explained the slow pace of curb cut remediation, Judge Daniels started calculating the time frame being proposed. When the Judge’s estimates got to 32 years before The City would have its sidewalks fully accessible for people with mobility impairments, he seemed to have heard enough.
Judge George Daniels instructed New York City come up with a firm “timetable” to address the recommendations in the Special Masters report. Those recommendations include: completing a survey of all pedestrian crossings within 90 days; installing pedestrian ramps where there are none, within the next 5 years; and bringing all non-compliant ramps into compliance within the next 8 years. The next court date is set for December 19th at 10:30 am, stay tuned for progress.
Chicago Police Brutality "Magnified" for PWDs
|The Chicago Tribune printed a story on October 4th, titled "Lawsuit alleges Chicago police brutality 'magnified for people with disabilities." The article states that "the brutality was magnified for people with disabilities. Nationally, an estimated 33 to 50 percent of those killed by police have a disability, with approximately 25 percent of people killed having a mental illness."
If this sounds familiar thats because there is other pending litigation against the Chicago police force that alleges a decades-long record of mistreating minority citizens, with blacks and Hispanics disproportionately affected by shootings and other police violence. Despite Chicago’s police reform efforts there are still deep-seated issues on how officers are trained to handle people with mental illnesses or developmental disabilities.
For more information on this story, go to:
the Chicago Tribune website.
Ontario Residents with Disabilities See Changes in Provincial Programs
Disabled residents of Ontario, Canada will be seeing major changes to provincial programs that offer financial support and medical coverage. Effective September 1st of this year, the government is loosening some of the stringent rules governing the Ontario Disability Support Program (ODSP) and Ontario Works (OW). The two programs are the primary social support systems for disabled residents, although Ontario Works assists non-disabled residents as well.
One of the most notable changes significantly relaxes the rules concerning how much money recipients are allowed to have as assets or savings before having their benefits clawed back. Singles receiving ODSP will see their asset limits jump from $5,000 to $40,000, while limits for couples will climb from $7,500 to $50,000.
These rule changes by the government in Ontario seem similar to the A.B.L.E. accounts setup by the U.S.Congress in 2014. A.B.L.E., accounts allow people with a disability the right to have a saving account with up to $100,000, without giving up government benefits such as Medicaid or Social Security.
|The English language edition of Al-Jazeera recently profiled a 25-year-old Indonesian professional photographer who was was born without hands or feet. His name is Achmad Zulkarnain and he travels to photography gigs using a homemade motorbike.
The Largest Minority website is aware that there are people who might find this video cliché, patronizing or even demeaning but we think it's simply a great story about a guy who just "figures things out". Learn more about Zulkarian by watching this 4-minute video by Al-Jazeera.
Contested DIA Election
The nominations meeting on September 17, also produced the first contested election in recent memory. Edith Prentiss will be challenging the current President, Anthony Trocchia for DIA’s top spot. Ballots will be sent out this year on October 15th and must be mailed in by November 12th to be counted. Paid-up current members can also hand deliver their ballots to the meeting on November 19th where they will be counted and results announced.
Candidates for all Offices and Board of Directors positions must have their recent platform statements submitted by October 1st. Platform statements will be printed and sent out with the ballots to all current paid-up members. We will try to post candidates’ platform statements on line, either here at Largest Minority or at the DIA website; stay tuned.
DIA is trying to move into the 21st century by developing it’s social media presence. Phil Beder (the writer of this publication) has taken over the Twitter account and has started to Tweet out the word, starting with the upcoming TLC hearings on Thursday September 28 at 9:30 am. This hearing is important because the Taxi and Limousine Commission is proposing new rules that would force car services to dispatch at least 25% of their calls to wheelchair accessible vehicles. This rule is intended to increase the number of accessible vehicles available and on the road.
Any Twitter experts reading this post who want to lend some advice to a neophyte tweeter will be warmly welcomed at firstname.lastname@example.org. The DIA Twitter handle is DIA_NewYork.
Activist & Advocacy Workshops
Finally, DIA wants to share its 47 years of experience and knowledge with organizations and groups around the City. Several DIA members are in the process of putting together an “Activist & Advocacy” curriculum which will hopefully be presented at high schools, colleges, Independent Living Centers and Senior Centers. The goal is to show people that sticking up for their rights is not just a possibility, its a responsibility. DIA is hoping to spawn local advocacy groups throughout the City, because there is power in numbers.
DOJ Backsliding Under Trump
In a story from The Daily Beast, that we found on the University of Iowa Disability Law & Policy eNewsletter; The Trump Justice Department has dropped its appeal of a key disability rights lawsuit and advocates fear this might become a trend of this administration.
Emily Hall, who was a deputy for the Richmond, Virginia, Sheriff's Department, had to temporarily leave her job to get surgery for a heart condition. After her surgery, she couldn't return to her previous duties because of her new physical limitations. The sheriff’s department told her she could apply for a less strenuous job and when she did, she was refused that position.
Hall sued the sheriff’s department, charging it violated the Americans with Disabilities Act (ADA) by failing to accommodate her disability and the Obama Justice Department joined her effort in 2012. When a federal judge in Virginia ruled that the sheriff hadn’t violated Hall’s rights, Hall and the Justice Department appealed the ruling to the Fourth Circuit Court of appeals. But on July 28 of this year, the Justice Department moved to dismiss its own appeal, and the court granted the dismissal.
Top officials who worked in the Civil Rights Division under Obama say this may be an ominous sign, that Trump's Attorney General, Jeff Sessions may be far less aggressive in defending the rights of people with disabilities than the Obama administration. They fear the dismissal could be the beginning of a shift away from the prior administration’s energetic stance.
The original source for this story is:
The Daily Beast
Our source was the e-Newsletter of:
The Burton Blatt Institute at Syracuse University
The Law, Health Policy & Disability Center at the University of Iowa College of Law
Discrimination Against Group Homes in Louisiana
In 2015 and 2016, Dionna Richardson and Cathy Moore converted houses, located in the parish of St. Bernard, into group homes for children with disabilities. At that time, no group homes were located in the parish, and children with disabilities would need to either leave their community to enter nursing homes or move out of the parish to find the care they needed. However, as a recently filed lawsuit alleges, St. Bernard Parish prevented any children with disabilities from moving into the newly converted homes and amended its zoning code to ban group homes for people with disabilities in the low density residential neighborhoods where the houses were located.
The lawsuit, brought by Richardson and Moore, alleges that the ban on group homes violates not only the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, but it also violates the Fair Housing Act and Louisiana state laws on the basis of disability. The suit seeks an injunction to allow the homes to open immediately.
This story was published in the e-Newsletter of:
The Burton Blatt Institute at Syracuse University
The Law, Health Policy & Disability Center at the University of Iowa College of Law
For more information on this story, go to:
The New Orleans Advocate
The Need for Accessible Taxis
by Anthony TrocchiaOn the 27th Anniversary of the Americans with Disabilities Act, I took my first ever ride in a yellow taxi! Considering I was born (1969) and raised in Brooklyn, this is a big deal.
I was with my Personal Care Attendant and my mom in Manhattan at 2 Avenue and 22 Street. I tried hailing, but that proved useless. I called 311 and within 10-15 minutes a wheelchair accessible taxi appeared. We went to Williamsburg (Brooklyn), and it cost $20 plus tip.
As people with disabilities, we're told at an early age that much of what people without disabilities take for granted is unavailable to us.
I want to thank the Taxis for All Campaign and Edith Prentiss for her tireless work keeping the NYC Taxi & Limousine Commission on notice that we expect them to stop ignoring us and take us seriously. Robert Levine (R.I.P.) first brought this issue to DIA's attention in 1996 when he saw wheelchair accessible taxis in Boston and kept asking, "Why not in NYC?" It all starts with an idea and persistence.
Anthony Trocchia is the President of Disabled In Action of Metropolitan New York.
In a statement, Cummins explains that people with CP and their families are reporting some wonderful success stories – there are individuals and organizations who are creating positive change in their communities but there are still incredibly frustrating stories regarding quality of life. World Cerebral Palsy Day will be observed in more than 60 countries.
|The New York City Disability Pride Parade is now an established part of the city’s social calendar. With an estimated 8000 marching and rolling participants this year, the parade is becoming a galvanizing event for the disability community in New York City. According to Kleo King of MOPD (the Mayor’s Office for People with Disabilities) more than 50 groups of diverse organizations, ranging from sports clubs to service institutions and activist groups paraded with a united sense of common cause.|
|Before the event stepped off at 11:25 am, the participants and spectators who gathered at the northwest corner of Union Square heard speeches and statements from MOPD Commissioner Victor Calise as well as Micah Fowler, star of the ABC TV series “Speechless.” In addition there were statements made, both from the stage as well as from the crowd, about the political climate regarding health care. Disabled In Action members carried placards about pending threats to Medicaid and a potential “Single Payer” bill that almost cleared the NYS Senate.|
While this years festivities were called the Third Annual Disability Pride Parade, the event was originally created in 1992 as a celebration of the signing of the Americans with Disabilities Act. This new edition of the Disability Pride Parade can take credit for creating spin-off events in Naples Italy and Brighton England. All three of these celebrations of disability pride were coordinated to happen on July 9th .
The Mayor’s Office for People with Disabilities did a great job organizing the many details of this event. New this year was a “Children’s and Family” area inside Madison Square Park. Games and activities were provided in conjunction with the Park’s Department. After all the work was done on Sunday July 9th , everyone at MOPD was behind their desk on Monday July 10th to give us the numbers and details for this report; thank you MOPD.
|In a story reported in the Guardian on June 2, Airbnb, the online home sharing service, routinely allows its hosts to discriminate against people with disabilities. While federal laws forbid commercial lodging companies like hotels and motels from discrimination, Airbnb hosts seem to feel free to reject reservations from guests with a wide range of disabilities.|
|A Rutgers University study that was used as the basis for the story “found that guests with blindness, cerebral palsy, dwarfism and spinal cord injury were refused at rates higher than people without disabilities.” In many cases, hosts that advertise their home as accessible were more likely to accept lodgers without disabilities. In the case where hosts specifically advertised their living space as wheelchair accessible, they accepted 80% of requests from non-disabled guests while only renting to 60% of guests with a spinal cord injury.|
The Rutgers study, lead by Mason Ameri and Lisa Schur found that the host approval rate for people without a disability was 75% while the average approval rate for people with a disability was 45%.
According to the researchers, These numbers should raise concerns that these tech companies, overtaking traditional industries, could override existing anti-discrimination regulations, ultimately leading to more exclusion for people with disabilities. Airbnb is not alone in its discriminatory practices toward people with disabilities. UBER has shown a complete unwillingness to provide accessible vehicles in New York City despite laws that mandate accessibility in yellow cabs.
While the Guardian article stated that Airbnb has a nondiscrimination policy and stated “Discrimination of any kind on the Airbnb platform, including on the basis of ability, is abhorrent, a violation of our anti-discrimination policy, and will result in permanent removal from our platform.” However, online business platforms like Airbnb and UBER seem very willing to aggressively circumvent local regulation and labor laws.
Our source for this story the e-Newsletter of:
The Burton Blatt Institute at Syracuse University
The Law, Health Policy & Disability Center at the University of Iowa College of Law
For more information on this story, go to: The Guardian of London
Jordan Adopts New Anti-Discrimination Law for PWDs
New legislation was endorsed by the Lower House in Jordan last month, giving individuals with disabilities greatly expanded civil rights. Social Development Ministry Spokesperson Fawaz Ratrout believes the new law is the most progressive in the region and could help address the various physical needs of individuals with disabilities as well as integrate individuals with disabilities into the society.
Until the passage of this new legislation, the rights of people with disability were largely based on a medical model approach – what are the physical limitations of the individual and what services, devices or medical interventions are needed to normalize the individual’s physical condition.
Ministry Spokesperson Fawaz Ratrout says this new legislation offers a broader definition of disability that acknowledges society’s obligation to eliminate physical barriers that make everyday life more challenging. The law also expands the legal rights of individuals with disabilities by including informed consent, which allows citizens to exercise their legal right to make decisions for themselves after receiving enough information to understand the potential consequences.
In addition, this law enforces harsher punishments on persons who abuse or prevent individuals with disabilities from enjoying their rights and aims to provide a new era of anti-discrimination for individuals with disabilities living in Jordan.
Jordan was one of the first countries to ratify the UN Convention on the Rights of People with Disabilities in 2008, but according to Mr. Ratrout a “gap has been evident between principles and practices when it comes to the rights of citizens with disabilities” in Jordan. The United States still has not ratified the United Nations Convention on the rights of People with a Disability.
Our source for this story the e-Newsletter of:
The Burton Blatt Institute at Syracuse University
The Law, Health Policy & Disability Center at the University of Iowa College of Law
For more information on this story, visit: The Jordan Times
Ted Finklelstein Retires
|Ted Finkelstein has been a disability rights activist’s best friend for many years. He has been the muscle behind convincing New York City business and landlords to do the right thing and make their public accommodations accessible. When Disabled In Action (DIA) created the OneStep program in the early 1990s, Ted was the “go to guy” at the City’s Human Right Commission that waived his badge at business owners and said “you’ve gotta comply!”|
Ted did not start out with a focus on disability. Housing and tenant’s rights were the mainstay of his work at the beginning of his career. According to the City & State New York online magazine, Ted “found that there was one group in New York City that was primarily underserved in many areas, but in particular in the rights to equal access to housing, and that was people with disabilities.” The article goes on to describe Ted’s intense satisfaction changing the quality of people’s lives by providing accessibility in housing and simply making New York City accessible in General.
After 37 year of badge waving, arm twisting, convincing and charming business people into ADA compliance, Ted is hanging up his badge. “I will always be a fighter for social justice, whether it’s the disabled community, for the trans rights community, for human rights in general for New York City. So, I’m not stepping back from that. I’m just stepping back from waking up every morning and going to work every day. But I’ll continue to fight.”
At the May general meeting of Disabled In Action, Ted reiterated his commitment to serving the underserved and sharing his experience and advice with DIA. His council will be appreciated and well used.
Our sources for this story were Ted and
City & State New York Online Magazine
|On Thursday June 15, dozens of wheelchair users and their supporters protested outside New York City Council Speaker, Melissa Mark-Viverito’s office. The rally was a reaction to the Speaker’s failure to allow a bill to advance that would mandate accessibility for taxi and car service vehicles. While the bill is largely symbolic, it is the result of the city’s inability or lack of desire to correct long standing problems with the least accessible subway system in the U.S., and a half billion dollar a year paratransit system (Access-a-Ride) that is a complete failure.
Protester Iris Jimenez
|City Council member Corey Johnson introduced legislation that would demand online ride services like UBER, Lyft and Curb, make their services accessible to disabled riders. Currently, these online companies do not operate even one vehicle that a wheelchair user can roll into. Council member Johnson’s legislation is being blocked by a very unusual adversary; the Speaker.
|For more than 20 years disability rights activists have been fighting for accessible taxi service in New York City. There are currently 13,000 yellow taxis and at least some of them can now accommodate a wheelchair because of that fight. The disability community should pat itself on the back for this incredible progress, but they can not! The truth is that New York City’s iconic yellow taxis might be put out of business by online ride booking services like UBER, Lyft and SideCar. While some people might think this is a good idea, they should be careful what they wish for. These online services might seem convenient but they exploit and manipulate their employees, operate outside local regulations and most of all they don’t operate any wheelchair accessible vehicles.|
Taxis and car services are closely regulated in New York City. There are many people who think that government regulations on business are bad, but those people should remember that regulations protect workers, make sure vehicles are safe, demand proper insurance coverage, insist on appropriate record keeping and now, mandate access for people with mobility devices. Because of their online status, UBER and Lyft can get around many of these regulations.
New York’s yellow taxis must be saved from the unfair onslaught from UBER and the like. The taxi industry finally did the right thing by yielding to pressure to become accessible. Now that they have, we should use them to improve the crippled Access-a-Ride system. The City Council must do their job of protecting a home grown industry that employs loads of new Americans and serves this community, from an Internet juggernaut that tramples on local regulations.
Disabled World reported that a major intergovernmental meeting was held at the United Nations on June 13th to ensure the full implementation of the landmark treaty on the Convention on Rights of Persons with Disabilities (CRPD).
Georgi Panayotov, is the Permanent Representative of Bulgaria to the U.N. and the President of the U.N. meeting. He said that "The Convention, on the Rights of Persons with Disabilities, or CRPD, is one of the most progressive human rights treaties . . . " he went on to say that "This is the beginning of the second decade of the CRPD, in the first decade it saw nearly universal ratification [and now] we will have to achieve universal ratification. The embarrassing fact is that the United States is one of the few holdout countries who have not signed onto the convention.
The irony is that the CRPD is based on the Americans with Disabilities Act that was passed with bipartisan support on July 26, 1990. The United States signed the CRPD in 2009 but on December 4, 2012 the U.S. Senate considered ratification and failed. They fell 5 votes short of the super majority required to pass it.
In the past 5 months the Federal government has humiliated itself internationally by having our President praise dictators, question the 70 year old NATO alliance, try to impose a religious travel ban and withdraw from the Paris climate agreement. America’s inability to ratify the international Convention on the Rights of Persons with Disabilities is now on a long list of mistakes the country must correct.
For more information on this story, go to:
Conference on Rights of Persons with Disabilities at UN
New Documentary on Birth of a Movement
“Defiant Lives” is a documentary film about the birth of the modern disability rights movement in the English speaking world. The film was written, produced and directed by Sarah Barton. Using both current interviews and archival footage, Barton tells the story “of the disability rights movement in Australia, the United Kingdom and the United States. This film looks at how activists around the world helped to free their people from incarceration in institutions and came to a new understanding of disability by reframing it as a problem of society rather than a problem existing within individuals.”
Sarah Barton is an award winning documentarian, educated and trained in Melbourne Australia. Many of her films are on the the subject of disability and women’s issues. Among her achievements was a 70 episode series that ran on Australian television and a film that featured Muslim women living in Melbourne. The film was called “A Wing and a Prayer” and it aired internationally including on the Oxygen channel in the U.S.A.
Ms. Barton’s latest documentary feature is called Defiant Lives and is currently in final production. It is scheduled to be released in July. The Largest Minority will keep you posted about news on this film; stay tuned.
The Circuit Court agreed with the plaintiffs and found that they did have the right to sue the hospital, noting that simply allowing people with disabilities to communicate in the most basic manner did not fulfill the requirements of the ADA. The court also questioned if the hospital's failure to provide an in-person interpreter "impaired the patient's ability to exchange medically relevant information with hospital staff." Using a poor internet connection to stream remote interpreters, rather than providing an in-person interpreter, could be considered a violation of the ADA if it was difficult for the patients to communicate with hospital staff.
Additional sources for this story are:
The Daily Report, a law newsletter based in Georgia
Taxis For All -- in Kansas?
The Kansas City Area Transportation Authority partnered with a private transportation company, to develop an on-demand transportation service geared towards people with disabilities, called RideKC Freedom On-Demand. People in the Kansas City Metropolitan area can use a phone app or call to schedule rides on the day they want their ride.
With the old paratransit services offered in Kansas City, people had to schedule rides a day in advance and could only pay with cash. With this new service, RideKC Freedom On-Demand, customers can schedule their rides in advance or "on demand." Customers can now pay for rides with credit cards, or through the online app. This public-private partnership is subsidized with government funds to keep down the cost for disabled and elderly riders. It's too bad New York City can't come up with some creative solutions to solve the problems with Access-A-Ride.
Sources for this story are:
Disability Scoop, Ride Service Designed for Riders with Disabilities
RideKC Freedom On-Demand
New TV Show With Disabled Character
The ABC television network has announced another prime-time series featuring a disabled character. The “Good Doctor” is drama featuring “Shaun Murphy, a young surgeon with autism and savant syndrome who has left his quiet life in the country to work at a prestigious hospital.” ABC describes the young doctor as “Alone in the world and unable to personally connect with those around him, Shaun uses his extraordinary medical gifts to save lives and challenge the skepticism of his colleagues.”
As reported in the March 1 edition of the Largest Minority, “Speechless” is the other ABC show that has a character with a disability in a featured role. It is important to note that the actor in the Speechless series not only plays a disabled character, he has a disability as well.
An irksome worry about the new Good Doctor TV show is the over played scenario of the autistic savant. While the occurrence of a person with a mental disability having extraordinary mental ability at the same time is rare, it seems a favorite story line for the entertainment industry. The Dustin Hoffman character in "Rain Man" is the most notable example but "Mercury Rising" with Bruce Willis and "Mozart and the Whale," are both movies that revolve around characters with savant syndrome. Lets hope this new series doesn’t work this overplayed story line to death.
Our sources for this story are:
The Disability Scoop, Autism At Center Of New Prime-Time TV Drama
ABC, The Good Doctor TV Show
Zappos Introduces Adaptive Clothing Line
According to the Disability Scoop and the Disability Law & Policy e-Newsletter at the University of Iowa College of law, Zappos, the online footwear and clothing retailer is now offering adaptive clothing. It started with laceless shoes and has expanded to clothing without hard to manipulate closures such as buttons or zippers.
The most interesting option (at least for this reporter) is 4 way reversible items. These are pants and tops that are reversible, back to front as well as inside out. People with developmental disabilities as well as those with limited range of movement, do not have to wrestle with pulling on their shirts in the correct sense.
The Zappos Adaptive collection also includes: diabetic footwear, orthotic-friendly shoes, slip-on shoes, bump-toe shoes, and footwear with cords and bungee fasteners.
Our source for this story is:
This current legal action has the very ambitious goal of forcing the Metropolitan Transportation Authority (MTA), The New York State run parent organization of the subway, to make a concentrated effort to install elevators in every station over a "reasonable period of time." According to the MTA, it costs, on average, 30 million dollars to make one station accessible. Outfitting the approximately 360 remaining stations with elevators would cost about 11 billion dollars.
While the financial costs are high, DRA argues that the MTA has no excuse for the sloth-like pace of access improvement. Boston, Philadelphia and Chicago have old train systems yet they all have station accessibility around 70%. The New York system’s station accessibility rate hovers around 24%, the worst in the nation.
The case against the MTA was greatly strengthened on May 1 by City Comptroller Scott Stringer. In an audit conducted by his office, Stringer revealed that 80% of the elevators and escalators sampled did not receive necessary preventative maintenance in a timely manner. In addition, the report found “the MTA does not systematically track whether and how quickly all of the defects found in its elevators and escalators are corrected.”
There are a number of plaintiffs in the case. DIA Board member Dustin Jones along with Chris Pangilinan and Sasha Blair-Goldenshon are the individuals who use wheelchairs and have signed on. But most notable is that four of the six New York City Independent Living Centers (ILC) are also plaintiffs. New York ILCs have traditionally been service oriented organizations but have recently been returning to their roots as agents of advocacy. Lets hope this trend continues.
This story was widely covered. For more information on this important and developing story read these sources:
Supreme Court Disagrees with Gorsuch
On March 22 of this year, while the Senate was preparing to debate Neil Gorsuch’s appointment to the Supreme Court, Chief Justice John Roberts issued a decision unanimously endorsed by the court. In that decision, Roberts and the court rejected the “de minimus” standard for student progress in special education programs under the Individuals with Disabilities Education Act (IDEA).
|Judge Gorsuch has received a lot of criticism from the disability community for his consistent decisions against parents who demanded better instruction for their children with special needs. In his rulings, Gorsuch virtually always sided with school districts saying that if students had shown some minimum annual improvements, that is all that is required by law.|
The Supreme Court decision earlier this year completely rejected this minimum standard. The federal IDEA law requires "free appropriate public education" for all children. Chief Justice John G. Roberts Jr. wrote for a unanimous court. "When all is said and done, a student offered an educational program providing 'merely more than de minimis' progress from year to year can hardly be said to have been offered an education at all," he continued. "The IDEA demands more. It requires an educational program reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances."
This Supreme Court ruling is important. The future will tell us if Mr. Gorsuch will be shaped by his new colleagues or will the court be pulled to the right by its newest member.
Sources for this story include:
Wright's Law Web Site: IDEA Demands More
ABLE Accounts Could Be Improved
The Disability Scoop reported that, the law known as ABLE (Achieving a Better Life Experience) might be expanded. This federal law, passed in 2014 allows people with a disability the right to have savings accounts with up to $100,000, without giving up government benefits such as Medicaid or Social Security. A bipartisan group in Congress is now considering three proposals to expand options for holders of these accounts.
One proposal, that is intended to incentivize work, would increase the amount that can be deposited in these accounts each year to $25,770; the current limit is $14,000. Another proposal would allow families who created a "529 college savings plan" for an individual with a disability, to transfer those funds into an ABLE account. The final proposal would increase the eligibility age for ABLE accounts to 46. At present, individuals must have a disability that onsets before the age of 26 in order to qualify.
Sponsors in the House of Representatives are calling these improvements "ABLE 2.0" and expect them to come up for a vote later this year. For details, check out the article in the Disability Scoop called "Congress Weighs Expanding ABLE Act"
Click here for the Disabiity Scoop article
Getting Around Mexico City
In A Wheelchair
|On Friday May 4, National Public Radio (NPR) aired a great human interest story about the difficulty of navigating the streets of Mexico City in a wheelchair. Broken sidewalk pavement, pothole ridden streets, overwhelming traffic congestion and cars blocking pedestrian crossings are just some of the obstacles challenging wheelchair users.|
One solution to the problem is offered by an organization called "Vide Independiente" (Independent Life). They have rigorous classes given by experienced wheelchair users, in how to maneuver a wheelchair in the most demanding circumstances. Mounting 6 inch curbs, descending staircases and traversing metal gratings are just some of the skills that students master in this grueling training program.
The complete text and audio of this NPR report is posted online, just click the link below.
Anyone who would want to make a complaint about a store without a ramp or missing braille signage would have to submit a detailed written notice to the owner or operator of the establishment. The notice would have to contain, not only, the exact location and description "specific enough to identify" the barrier but the "specific ADA sections" that are being violated. Then, the person reporting the violation would be required to wait for a response from the owner that would describe how they intend to fix the problem. According to an article in "The Progressive" (link below) the owner / operator would have 2 months to respond to the complaint and 4 months to remedy the problem.
DREDF (the Disability Rights and Education Fund) has issued an "Urgent Action" notice to all those interested in access issues, to contact their congressional representatives. Special attention is advised to contact representatives on the House Judiciary committee. Jerrold Nadler (212) 367-7350 and Hakeem Jeffries (718) 237-2211 are both New York City, House members on the Judiciary Committee. DREDF also encourages people to attend the town hall meetings of their local representatives.
Click here for a description of House of Representatives Bill 620
Click here to read the DREDF Notice
Click here to check out an atricle in "The Progressive"
Text to 911 Lawsuit Advances In Arizona
In February of 2016, three Arizona residents filed a lawsuit against the State and local governments for not providing a way for deaf and hearing impaired people to contact emergency services through 911. It seems that people with hearing disabilities can only access 911 through obsolete TTY devices or the telephone relay service which requires a high speed internet connection. The plaintiffs want Arizona to setup a system that would allow people to contact 911 through text over a smart phone; an easy and convenient way to solve the problem.
A U.S, District Court agreed with the deaf plaintiffs and is allowing the case against Arizona and the cities of Phoenix and Tempe to proceed. The plaintiffs are being represented by the Arizona Center for Disability Law and the National Association for the Deaf.
CLICK HERE For details on the "Text to 911 Lawsuit Advances"
Ecuadorian President on Wheels
Lenin Moreno, who uses a wheelchair, is now the President Elect of Ecuador. His status as front runner in the April 3rd election was reported in the Largest Minority in our January edition of this year. Moreno won a narrow victory in the runoff to succeed Rafael Correa, the former President who stepped down because of term limits.
|The "Economist" magazine reported that Mr. Moreno will have a difficult time maintaining the socialist policies of the PAIS political party of which he and Correa are members. The poor economic climate will make it difficult to continue the heavy government spending currently in place. The Economist said Moreno has a "reputation as a pragmatist" and has made vows to curb corruption.|
Moreno will also have to deal with Julian Assange who has been hiding out in the Ecuadorian embassy in London for the past 4 years. Assange is trying to avoid extradition to Sweden where he is facing charges of rape and sexual assault.
Lenin Moreno has been a wheelchair user since 1998 when he suffered a spinal cord injury as a crime victim. According to the Economist, he has "setup a foundation to promote Humor and Happiness and has published a book called The World’s Best Jokes."
I guess it could be said that Ecuadorians have us beat because it’s better to have a President who writes books on jokes than having a President who is a joke (sorry, I should keep opinion on the editorial page).
Blind Korean Baseball Fans
|Public Radio International (PRI) aired a story on April 3, about blind Korean podcasters who adore baseball. They say that the slow pace of baseball is perfect for blind listeners. Kwan Soon-chul, one of the poddcasters says, “As a totally blind person, I can’t enjoy the game visually, so I concentrate on the sounds of the game — the catcher catching the ball, the batter hitting the ball. I like the energetic sound of the game,”|
The trio of totally blind podcasters produce a weekly wrap-up of baseball happenings in both the Korean and U.S. Major Leagues. The story is posted on the PRI website (link below) and includes the audio of the radio report. It is a great human interest story and is a good "listen." Please check it out.
In the settlement, New York State agreed to provide more humane treatment including providing more community based housing where possible and using nursing homes with lower proportions of mentally ill patients.
In this report filed by WNYC, it is alleged that lawyers for the New York State Department of Health colluded with lawyers for the adult homes to undermine the DOJ settlement and continue funneling patients with mental disabilities into the unsuitable adult homes.
Federal Judge Nicholas Garaufis lashed out at the possibility of collusion between the State and the adult homes in undermining the settlement and said, if it was true, he would consider it “a fraud” on the courts. New York State Attorney General Eric Schneiderman denied knowledge of the affair but it was lawyers from his office that seem to be involved.
For the full story and detailed audio report visit the WNYC website.
The New York Times Exposed Trove of Disability News.
On March 24, Neil Genzlinger wrote a theater piece that talks about the new production of Tennessee Williams production of “The Glass Menagerie” at the Balasco theater. In it, the part of Laura, the daughter, is played by an actor with muscular dystrophy. It seems there has be significant criticism because the young artist, Madison Ferris uses a wheelchair on stage, while the original Williams text describes the character as, having a slight limp.
Genzlinger’s article goes on to compare and discuss the coverage of disability on Broadway in recent years as well as revealing his own opinions on the subject as the father of a disabled child. Please use the link at the bottom to see the full text of his article.
In addition, the March 29th edition of the Times published a video about Sasha Blair-Goldensohn. The video shows the trials and tribulations of wheelchair users in the New York City subway system. Mr. Blair-Goldensohn is a Google software engineer and wheelchair user. He seems to be new to disability and in the article, praises the work of the disability activists who have laid the ground work of barrier elimination and accessibility.
Most notable was the fact that the Times seems to have started a regular Opinion Column on disability featuring articles by and about people with a disability. This hidden trove of articles, started in August of 2016 and can be found at the link that follows.
Click here for trove of articles on the Times Disability Opinion page
Click here for Wheelchairs on Broadway
Iowa Bill Allowing Landlords to Turn Down
Tenants on Disability Benefits
This story was originally published in the Des Moines Register on February 26. The article states that Iowa local statutes prevent landlords from discriminating against clients based on their source of income, including disability benefits, Social Security, child support, or people who qualify for Section 8 housing. However, a bill in the Iowa House of Repressentatives, authored by Republican Jake Highfill, would remove these protections and allow landlords to turn down tenants who receive any of these benefits.
The bill was purportedly written to avoid forcing private landlords to do business with the government. However, critics of the bill are concerned it will allow landlords to discriminate on the basis of disability. The wording of this Republican initiative would also strip local government authority in many areas such as stopping cities and counties from setting minimum wages, requiring paid family leave, implementing a soda tax or banning the use of plastic bags. The bill is currently being debated.
Click here To read the full story from the Des Moines Register
Disability Awareness Day in Vermont
Four hundred people attended Disability Awareness Day at the Vermont state capitol on March 2, 2017. The day was organized by the Vermont Coalition for Disability Rights. The goal of the event was to highlight issues that people with disabilities in Vermont face and some of the recent improvements in law, such as ABLE savings plans. Stephanie Woodward, from the Center for Disability Rights in Rochester, New York, gave the keynote speech. The message to lawmakers in Vermont and everywhere was "Break Barriers; Build Bridges."
The original story can be found at:
The The March 10 edition of the VT Digger
|As reported by KQED, the San Francisco based, Public Radio Station, “Hamilton” the Broadway MegaHit musical at the Richard Rodgers Theater, does not offer audio description services to audience members who are blind or have vision impairments. A visitor to New York from Denver wanted to fully enjoy this hip-hop musical about America’s first Secretary of the Treasury, but was disappointed when accommodations for the blind were not available.|
A New York Times article from June of 2016 clearly stated that Hamilton the musical is not exactly going broke. In fact, the title of the article said that Hamilton is on a path to becoming a “Billion Dollar Broadway Show.” It made back the 12.5 million dollar underwriting cost within months and currently makes 1.9 million dollars in gross ticket sales per week and an estimated $600,000 of that is pure profit.
Hamilton is not the only culprit to ignore offering audio description. The KQED article says there are only 4 shows on Broadway that accommodate the vision impaired and blind; that includes Book of Mormon and The Lion King. For information on accessibility accommodations to Broadway shows, you can visit the Theater Development Fund (TDF) website.
Character with Autism Comes to Sesame Street
|With great fanfare the Sesame Workshop, creators of the long running kid’s TV show, announced the addition of a new character with autism. Julia is the name of the Muppet with autism and she was created by the Jim Henson workshop that is now owned by The Disney Company.
Sesame Street was created in 1969 as an experiment in educational television. Over the years the show has created and introduced many characters with unique and diverse traits and personalities.
The UN Special Reporter on the right to housing, Leilani Farha, said that "While homeless people are not specifically referenced, it is clear they are the target; the amendment was put forward following the forcible removal of a homeless camp in the city center last month."
Under international human rights law, which applies to national as well as local governments, homelessness is a gross violation of the right to adequate housing. Discrimination against and social exclusion of people who are homeless is strictly prohibited. Governments are required to take immediate steps to ensure the right to housing is enjoyed on a short and long-term basis.
The National Coalition for the Homeless is a Washington D.C. based coalition of advocates, activists, community organizations and service providers for the homeless. According to statistics from their web site, 20% to 25% of homeless people suffer from some sort of mental or psychological disability. While some might consider homelessness an economic or social issue, the numbers from the Coalition for the Homeless clearly indicate this is a disability issue as well.
Our source for this story is a story posted on Disability World
Law Suit Filed Against Four Freedoms Park
|On Thursday, March 16th Disability Rights Advocates (DRA), a non-profit legal center, posted a press release on their website that announced they had “filed a class action lawsuit in federal court on behalf of individuals with mobility disabilities alleging that the New York State Department of Parks, Recreation and Historic Preservation and the Four Freedoms Park Conservancy are blatantly violating the Americans with Disabilities Act. Plaintiffs, including the Brooklyn Center for the Independence of the Disabled (BCID) and several New York City residents who use wheelchairs, allege they are unable to access the Memorial in violation of long established law.”|
Disclaimer: The author of this article is a plaintiff in this law suit.
|The dispute is over an area at the southern tip of the park known as “The Room.” This space has high granite walls on the east and west and offers a clear open view of the East River and skyline to the south. Architect Louis Kahn designed the memorial in 1974 and placed a pit consisting of 2 steps at the southern end. This pit supposedly creates a natural barrier to prevent visitors from falling over, into the river while maintaining a vista, uninterrupted by a railing or other visual impediment. According to individuals interpreting Kahn’s design, the pit, also referred to as a sunken terrace, is not meant to be entered, it’s sole purpose is to limit people from approaching the southern most wall, but this explanation doesn’t seem to hold water.||
If the sunken terrace’s only purpose is as a barrier, then why are there 2 sets of steps leading down to it on either side of the area. The terrace also consists of 2 levels or steps that are 17" 1/2 inches high, an appropriate height for a bench or sitting area. Clearly the area was meant for people to access and use and is a beautiful example of pre-ADA (Americans with Disabilities Act) architecture.
The FDR Memorial on Roosevelt Island was opened on October 24th 2012 but has not received a “Certificate of Occupancy” from New York City. The City is also withholding hundreds of thousands of dollars in funding because of the disagreement over access. As this fight continues, supporters of access have gained an ally. DRA (Disability Rights Advocates) is looking into a law suit demanding the Four Freedoms Memorial Park be 100% accessible. We will keep you posted as this story develops. For more information on the Four Freedoms Park and the controversy over its design, visit:
The Four Freedoms Park Wikipedia page
The Curbed Magazine article
Paralyzed Veterans of America web site
The last New York times article
Prime Time Network TV Show Featuring Disability
Speechless is a prime time television show that features a disabled character, played by an actor with a disability. Micah Fowler plays JJ Di Meo, a high school student with cerebral palsy and the eldest son in a family of interesting, sharp witted characters. Fowler, who plays the main character, has C.P. and according to IMDB, already has a major film credit in his young and developing acting career.
|Wikipedia describes Speechless as a show where the family “moves frequently in an attempt to find a good educational environment for JJ. They believe they have found an optimal choice when they discover a school that prides itself on being inclusive and where JJ will have an aide to speak for him.”|
According to Bennett, the JJ character is just another teenager experiencing many of the same insecurities, aspirations and romance woes as every other teenager; with a bunch of extra twists. It is clear that the people who produce this show have a firsthand understanding of the world of disability. Bennett hopes this show, and more like it, can teach society to welcome “us” into the mainstream.
Academy award nominated actor Minnie Driver plays the mother in this family oriented, half hour, sitcom that airs on Wednesday nights at 8:30 PM on ABC (channel 7 in New York City). The show has some great reviews and Rotten Tomatoes gave it a 98% on their Tomatometer.
Supreme Court Rules in Favor of Wonder the Service Dog
|The Supreme Court ruled on Wednesday February 22, that the 6th Circuit Court of Appeals should reconsider the case of a family who wanted to have a service dog assist their daughter while at school. The Circuit Court originally ruled that the Federal IDEA law (the Individuals with Disabilities Education Act), should have been the primary regulation to govern the suit. The family used the ADA (American’s with Disabilities Act) to sue the school district for damages caused by the district’s bad judgment.|
The unanimous Supreme Court decision set a new standard. If Elhena Fry had been denied a service mandated by IDEA, then the family would have had to go through a full, "due process hearing." But because this was a disagreement between the family and the school district over the best method of accommodating Elhena, the Supreme Court completely agreed that the Fry family had the right to bring a suit against the school district. This Supreme Court decision helps clarify the purpose of IDEA and strengthen the ability of the ADA in school related issues.
Our sources for this story were:
The Wrightslaw Special Education Advocacy Website
The Disability Scoop
ReelAbilities Film Festival, New York
The Ninth Annual ReelAbilities Film Festival is dedicated to promoting awareness and appreciation of the lives, stories, and artistic expressions of people with different abilities. The festival presents award-winning films in various locations throughout the NYC metropolitan area. Discussions and other engaging programs bring the community together to explore, discuss, and celebrate the diversity of our shared human experience.
The ReelAbilities Film Festival runs events in fourteen cities nation wide and in Canada. The festival will be in New York March 2nd through March 8th. Tickets are available online starting February 2. All films are captioned, and all venues are wheelchair accessible. For information you can call (646) 505-5708 or
|On Monday January 23, the Google search page featured an image of Ed Roberts, disability rights advocate, activist, legend and icon. Roberts was a ventilator dependent quadriplegic who became the first person with a severe disability to attend the University of California at Berkely. His lead opened the door for other disabled students at UC Berkeley and the creation of a dormitory to accommodate disabled students.|
Roberts is credited as being the father of the “Independent Living Movement.” There are currently Independent Living Centers in all 50 states and in the 5 US territories. Ed Roberts became the Director of the California Department of Vocational Rehabilitation, Co-founded the World Institute on Disability with Judy Heumann and received a McArthur Genius Grant in 1984. The Google Doodle of Ed Roberts appeared on his birthday, proclaimed by Governor Arnold Schwarzenegger as a day of special significance in 2010. Roberts died in 1995, he would have been 78 this year.
Governor Cuomo Seeking Cuts to Long Term Care
On January 20th, Crain’s New York Business reported that New York Governor Andrew Cuomo wants to slow the growth of managed long term health care programs in the State. The trend to managed care health programs has been a solution to reduce medical spending by giving health care providers a flat rate of payment for each person to cover all their medical expenses instead of paying for each doctor visit or x-ray individually. In theory, managed care systems seek to improve health and prevent illness while bringing costs down.
Long term managed care systems are specifically designed for disabled people and the aged who have greater medical needs and usually require home care assistance as well. There are approximately 40 “Managed Long Term Care” (MLTC) providers in New York State and almost all of them are funded by Medicaid. The problem Cuomo is trying to control is the increasing number of people who are entering MTLC programs. In 2015 there were 133,032 participants in New York State MLTC programs. Today there are 178,260. That is an increase of 45,220 people and a 34% increase in two years.
The Governor’s plan is to limit enrollment into long term care. According to Crain’s, only people who are “nursing home eligible” would be allowed into MLTC programs. All others would be "re-routed" into less costly mainstream managed care plans saving the State more than $25 million. Governor Cuomo’s proposal would "reduce the bonuses MLTC plans can receive for meeting certain quality measures" saving the State an additional $30 million. In addition, the State would take over transportation services for MLTC programs and limit funding for marketing.
Independent Care Systems is a MLTC based in New York City. They have been operating on razor thin budgets in recent years and any cuts to funding could be disastrous. While the Governors plan does not seem unreasonable, disability rights advocates are concerned about overall funding for these important managed long term Care programs. They are calling on the Governor to maintain adequate "capitation rates" that are the flat fees these programs receive per person for their medical care.
New Parking Regulations for the Press
The New York City Council is currently considering a bill that would expand parking privileges for members of the press, while slightly reducing the parking spaces available to holders of a New York City “Parking Permit for People with Disabilities” (PPPD). Disabled In Action of Greater New York (DIA) understands the importance of news organizations and supports their work. DIA would also accept the small restrictions for people who have PPPD placards in this proposed law. But DIA opposes these new parking regulations because this poorly worded bill lacks oversight for granting these expanded parking rights and opens the door to abuse and misuse.
Could Effect PWD's
City Council initiative 779 allows anyone with a NYP (New York Press) license plate, to park in all “No Parking” zones, designated “No Standing” zones and all parking meters, without paying. These privileges are basically the same as those given to people who have a NYC PPPD parking permit. The disability permit has 2 additional restrictions: they can not be used in “Taxi Stands” and this new bill would take away the right to park in NYP zones.
There are several problems with this new law. The first is that these expanded press privileges are granted to anyone with an NYP plate. These plates can be requested by more than 400 news organizations in New York State, New Jersey and Connecticut. There is no limit on how many plates each news organization can request and these plates are issued to a vehicle, for the life of the vehicle. If the owner leaves his or her job as a reporter, the plate can remain on the vehicle. In contrast, people with a PPPD placards must file a renewal with the Department of Transportation each year.
News reporters and photographers used to be able to apply for parking placards that were issued by the NYPD, but they stopped being issued in 2009. The New York City Department of Transportation controls and regulates PPPD placards. DIA feels that It is important that local agencies have oversight of parking in the City. It seems improper that the DMV of three different states be allowed to decide who get parking privileges in New York City without local oversight or an annual renewal process.
Finally, the new proposed law stipulates that these new expanded parking privileges are given while a news reporter or photographer is covering a "news event" but does not define what a news event is. Could a news event be a reporter taking his wife to dinner to write a restaurant review? Who would be responsible for associating tickets issued at a particular time and place with a news event and how would that be done? This law simply leaves too many details unaddressed.
This law allows incredible parking rights with no way to verify if reporters were actually covering a story. At this time, there are very few privileges associated with an NYP license plate. However with the high cost of parking in New York City and the large number of people eligible for NYP plates, this bill could create a great potential for abuse. If the City Council wants to make parking easier for the people who report the news, put that responsibility back in the hands of the NYPD where it will hopefully be well regulated.
A version of this story will appear in the March edition of:
Trump's Choice for Education Secretary Has "NO IDEA"
Donald Trump has offered many of his Cabinet level jobs to people who have, through their words or actions, publicly displayed animosity toward the agencies they will lead. Betsy DeVos has been nominated to be Secretary of Education and her only work in the area of education has been in the privatization of public schools. Ms. DeVos, a billionaire, never attended a public school, nor have her children or grand children. She has never taught, administrated or held any job in the field of education and she has no academic background in education. In fact, she has only attained a bachelors degree in business administration when most states require a Masters degree just to get a teaching license. The focus of DeVos's work in education has been on the promotion and funding of religious and private charter schools in Michigan.
At her Senate hearings, when asked about the "Individuals with Disabilities Education Act," (IDEA) she did not know that it was a federal law or what it did. IDEA has been on the books since 1975 and insures Special Education services for children in America. DeVos’s incompetence for this job is so evident that 2 Republican Senators have publicly stated their opposition to her confirmation: Susan Collins of Maine and Lisa Murkowski of Alaska.
For details on this developing story, click the following links:
Washington Post – Two Republican Senators say NO!
Washington Post – DeVos Confused About IDEA
Washington Post – Six Astonishing Things Said by DeVos
Disability Scoop – Trump Education Pick Seemingly "Confused" About IDEA
The idea for the creation of a DIA telephone tree came from Edith Prentis, Vice President for Legislative Affairs and this initiative comes at an important time. In the past, disability rights was not a politically partisan issue. The ADA (Americans with Disabilities Act) was passed as a bipartisan effort and signed by a Republican President. But with the new President and unified congress, there are clear signals that radical changes are coming to federal agencies and great threats seem eminent to the social safety net.
Activist and film maker Michael Moore is a vocal critic of the new President and offered a 5 point plan to resist the unwanted changes implied by Mr. Trumps Cabinet nominations. One part of Moore’s plan is to establish a “Rapid Response Team” with friends and family members. This team could then quickly send emails or call elected officials. The DIA phone tree is larger more powerful version of Moore’s rapid response team.
Advocacy organizations like DIA are preparing for a new age of activism. Abrupt and rapid periods of political change can cause disruption in the lives of people who depend on government programs and social service agencies. DIA is preparing to meet these challenges by bolstering its lines of communications both within the organization and to the community at large. The telephone tree is, hopefully, a first step toward meeting these problems, head on.
DREDF Alert on ObamaCare Repeal
On Monday January 9th, the Disability Rights Education and Defense Fund (DREDF), Issued an Alert to the disability community about the new congress and its actions to repeal the patient protections under ObamaCare. While the House of Representatives has voted to repeal Obama's ACA (Afordable Care Act) more than 60 times, the Senate and a Presidential veto blocked that from happening. With Donald Trump in the White House as of January 20th and a unified congress, ObamaCare is set to be dismantled.
According to DREDF, "the ACA is so important to everyone, but especially to people with disabilities." the alert goes on to list provisions in the ACA that are key to disabled people, such as:
The article points out, there are 40,000 veteran specific non-profit organizations that support men and women after their time in the military. When combined with the government support from the Veterans Administration, Medicaid and Social Security, Disabled vets have a decent array of resources available to them. While no one would question the need to care for and support disabled veterans, The article subtly raises the question; why isn’t there a more uniform standard of treatment for all citizens with a disability?
"T Brand Studio" is the brand marketing unit of the New York Times and produced the flashy, high tech web page and included video. The author, Katie Foley, is a military veteran and freelance writer. The article is an interesting and quick read, and reminder that disabled veterans are an important part of the greater disability community. The article is entitled:
"A Warrior Spirit, turning defining moments of sacrifice into exceptional generosity”
and can be found by clicking this link.
DOJ Requires Closed Captioning and
The following story was circulated by Luda Demikhovskaya on the CPANYS ListServ:
Audio Description in Movie Theaters
The Department of Justice (DOJ) has released a final rule that requires movie theaters to provide means of delivering closed movie captioning and audio description to patrons. The rule, which supplements provisions in DOJ's ADA regulations on auxiliary aids and services, applies only to those theaters that show digital movies equipped with closed captions and audio description. Covered theater operators must acquire and maintain equipment for displaying captions and transmitting audio description through supplementary narration.
Closed captions are displayed individually to patrons with hearing impairments at their seats. Open captioning displayed on the movie screen is not required. Audio description provides additional narration of a movie's visual elements to patrons with vision impairments and is typically transmitted by infrared or FM systems to wireless headsets. The rule specifies the minimum number of closed captioning and audio description devices that must be provided based on the number of auditoriums in a theater. These requirements take effect in 18 months.
The rule does not apply to theaters showing analog movies only, nor does it require such theaters to convert to digital projection systems. In addition, movie theaters must provide notice to the public on the availability of these assistive technologies and have staff available to assist patrons with this equipment.
For further information,
visit DOJ's website
or contact its ADA hotline at (800) 514-0301 (v) or (800) 514-3083 (TTY).
While it is always great to see our guy in the driver’s seat, it is even better that this story almost seems common place. While Lenin Moreno, a paraplegic, is now the front runner for the Ecuadorean presidency, Gabriela Michetti, a wheelchair user, is the current Vice President of Argentina and Floyd Emerson Morris, who is blind, is the president of the Senate in Jamaica,
Back in the U.S.A., there are quite a few disabled politicians. Tammy Duckworth just won Barack Obama’s old seat in the U.S. Senate representing Illinois. She moved from the House to the Senate by defeating Republican, incumbent, Senator Mark Kirk. In this bitter election Duckworth had to endure insults from Kirk that questioned her family’s heritage. Tammy Duckworth, is a decorated Iraq War helicopter pilot who lost both legs in battle.
Greg Abbott is a wheelchair using paraplegic resulting from a spinal cord injury. He is also the Governor of Texas. and lets not forget Senator John McCain from Arizona to round out the current array of high profile disabled American politicians.
While we are at it, lets mention disabled politicians of the past: Thomas Gore was one of the two first Senators to represent Oklahoma serving from 1907 to 1921; he was blind from childhood. Max Cleland and John Kerrey were Vietnam War veterans. Kerrey lost a leg and Cleland was a triple amputee. Rounding out our disabled, Senate Alumni are Bob Dole and Daniel Inouye; both of whom lost the use of an arm in World War II. New Yorkers should remember David Patterson who lost his sight as a child and served as New York State Governor from 2008 to 2010. And who can forget the 32nd President of the United States, Franklyn D. Roosevelt, who was a paraplegic due to polio.
We present this litany of disabled public servants to point out that this is nothing new. There is a rich history of people with physical limitations who achieved positions of political power. We wish Lenin Moreno good luck in his bid for the Ecuadorean Presidency, but the most heartening aspect of this political leader is his resume. As Vice President, he is known for his work elevating the social and economic status of PWDs in Ecuador, In 2013 he was appointed Special Envoy on Disability and Accessibility at the United Nations and in 2012, he was nominated for the Nobel Peace Prize. Chalk up another reason for disability pride.
NAD Lawsuit Against Harvard and MIT Moves Forward
the Massachusetts Federal District Court denied motions from the Massachusetts Institute for Technology (MIT) and Harvard University, to dismiss the National Association of the Deaf’s (NAD) complaint, that these Prestigious, educational institutions discriminate against deaf and hard of hearing people. NAD’s claim is that by failing to caption the vast and varied array of online content they make available to the general public, it becomes inaccessible to deaf and hearing impaired individuals. These materials include "Massive Open Online Courses known as MOOCs. This decision means that plaintiffs’ case will be going forward.
this is a huge blow to MIT and Harvard, who claim that the Americans with Disabilities Act and Section 504 of the Rehabilitation Act do not require them to provide closed captions in their online videos. Arlene Mayerson, DREDF Directing Attorney, said, "I am thrilled that we have made this important inroad into ensuring that 21st century online education is accessible to all." The court also rejected the universities’ claims that NAD and the other plaintiffs’ request for closed captioned videos deprives it "of the flexibility to choose an appropriate auxiliary aid [to access the aural content on the videos] “
The cases, filed in U.S. District Court in Massachusetts, asserts that Harvard and MIT each, deny deaf and hard of hearing people access to thousands of videos and audio tracks that both universities make publicly available, for free, on broad-ranging topics of general interest. These include campus talks by luminaries such as President Barack Obama and Microsoft founder Bill Gates.
MIT also offers a wide range of online educational videos made by MIT students for use by K-12 students. The Universities’ purported claim that their content is available free to anyone with an Internet connection is legitimately in question if people who are deaf or have hearing impairments can’t access them. Millions of people have visited these websites every year.
For the entire press release, visit the
DREDF web site
DeafBlind Triathlete Sues Ironman
The National Association of the Deaf posted this story on their website about Kathleen Borrone, a DeafBlind trialthlete, filed suit today against World Triathlon Corporation and USA Triathlon. These two organizations own and operate iconic triathlons around the world including the Ironman Lake Placid. In 2015 and 2016, Borrone successfully completed the Ironman Lake Placid, which consists of a grueling 2.4 mile open water swim, followed by a 112 mile bike ride, and a 26.2 mile marathon. Although World Triathlon Corporation and USA Triathlon policies permit blind triathletes to compete with sighted guides, the triathlon operators have now prohibited Borrone from using her sighted guide because of his gender. It seems that the Triathlon organizations prohibit a woman from using a male guide which violates the Americans with Disabilities Act and the New York Human Rights Law.
Borrone, a Fifty-two year old woman, has competed in many triathlons. To help her navigate the Triathlon course, Borrone uses a sighted male, guide. Borrone’s sighted guide must not only be able to complete the triathlon, but must also be able to communicate with Borrone in tactile sign language which requires the DeafBlind person to place her hands on the hands of the other person who is signing. The DeafBlind person also relies on touch to understand the other person. Borrone has long trained and competed with sighted guide James Armstrong, but Ironman now refuses to allow her to compete him. Borrone is not aware of any other sighted guide who is both able to meet the rigorous physical demands of the competition and communicate with her in tactile sign language. As a result, Ironman’s policy excludes Borrone from participating in any of its future events.
The National Association of the Deaf wrote to Ironman twice asking them to modify the discriminatory policy, but received no response to either communication.
“I’m just asking for the opportunity to compete,” said Borrone who has never allowed challenges to defeat her. “I’ve trained hard and I’m ready to prove myself.”
“This country has long cheered those who train and compete in difficult sports, yet Ironman is denying a DeafBlind triathlete the opportunity to compete,” said Howard A. Rosenblum, CEO of the National Association of the Deaf. “Kathleen Borrone is a role model for all of us, and no one should put false barriers in front of her or anyone else.”
For more complete details on this story visit
The National Association of the Deaf website.
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