ADA news news reviews to peruse.

              ADA NEWS
2004
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" News Reviews to Peruse"
Number 119 January 2004
ADA News No. 119 - 1- January 22, 2004
Items regarding disabilities, disabilities law and the Americans with Disabilities Act which may be of interest to you. Please share this information with colleagues, supervisors and subordinates. This is a free publication available in electronic and printed format to anyone who is interested. Subscription requests, comments, contributions or questions, including requests for accommodations needed to receive or apprehend this publication, should be addressed to Patrick H. Bair ( Ed.) ( pbair@ state. pa. us). The views and opinions expressed herein are solely those of the editor, except where noted, and do not represent the views of the Office of Chief Counsel or the Department of Environmental Protection. Current and recent issues can be found nline at http:// www. dep. state. pa. us/ dep/ deputate/ ChiefCounsel/ ADA/ adanews_ index_ 2001. htm. All past issues of this publication are archived at http:// intradep/ ChiefCounsel/ ADANews/ adanews_ index. htm on the DEP internal website.
JANUARY is Braille Literacy Month, National Glaucoma Awareness Month and National Birth Defects Prevention Month. For any of you who like to plan ahead, next month is National Wise Mental Health Consumer Month, AMD/ Low Vision Awareness Month, and National American Heart Month, and includes National Cardiac Rehabilitation Week ( February 8- 14), National Eating Disorders Awareness Week ( February 22- 29), National Burn Awareness Week ( February 1- 7), National Women’s Heart Health Day ( February 1- 7) and National Have- A- Heart Day ( February 14).
TENNESSEE v. LANE ARGUMENTS - Arguments were held January 13th before the U. S. Supreme Court in this case testing whether states can be sued privately and be liable for damages under Title II of the ADA. ( See ADA News No. 112, 6/ 15/ 03, http:// www. dep. state. pa. us/ dep/ deputate/ ChiefCounsel/ ADA/ ada_ news_ 118/ ada_ news_ 118_ frontpage. htm.) According to most reports, the nine Justices seemed divided on the question. The high court has limited the scope of other sections of the ADA as they relate to state sovereignty, and several justices - notably Antonin Scalia and Chief Justice William Rehnquist - appeared just as skeptical of the law in the Title II context, which covers all state services. Justice Scalia suggested that while it may be “ less dignified” for a person in a wheelchair to be carried up the stairs by constables to a second- floor courtroom, states should not be subject to suit simply because they do not provide elevators in courthouses. ( Lane is a wheelchair user who was denied access to the second floor court room of a Tennessee courthouse.) Scalia said he saw no constitutional reason why state agencies cannot discriminate against persons he referred to as “ handicaps.” Some states “ may not have made it easy for handicaps to vote,” he said, but that is not reason enough for Congress to subject states to lawsuits, he said. Chief Justice Rehnquist agreed. But some justices - notably predicted swing- voters O’Connor and Kennedy - appeared ready to approve private lawsuits under Title II, at least as the law applies to fundamental, constitutionally- related state services such as courthouses, schools and voting booths, and leave the question of hockey rinks and other less core functions for another day. O’Connor asked if the Court could address the courthouse case and “ forget about the rest” of Title II and whether it violates states’ rights in less critical contexts. A ruling for Tennessee in this case would not scrap the ADA itself; however, it would mean that private individuals have no individual recourse in the courts against states through recovery of ADA News No. 119 - 3- January 22, 2004
damages. Enforcement would have to come from the federal government. “ In many cases, damages are the only means to remedy the very real injuries caused by the state’s unlawful and willful neglect,” former Republican Attorney General and Pennsylvania Governor Dick Thornburgh and a coalition of disability rights organizations told the justices in a friend- of- the- court filing. A decision can be expected in several months. Meanwhile, demonstrators throughout the country engaged in a so- called “ Crawl for Justice,” crawling - or attempting to do so - up the steps of courthouses as Lane was forced to in Tennessee. Court officers in Washington, however, refused to allow demonstrators - chanting “ Justice for all, we won’t crawl” - access to the steps of the Supreme Court. Tennessee v. Lane, USSCt. No. 02- 1667( http:// www. supremecourtus. gov/ docket/ 02- 1667. htm).
POOR PERFORMER’S JOB NOT RESCUED BY DISABILITY CLAIM - A worker who was fired soon after telling his bosses that he suffers from multiple sclerosis cannot rely on the close timing of his announcement and the firing to prove that it was the result of discrimination if the employer had already documented months of substandard job performance prior to learning of his condition, a Pennsylvania federal judge has ruled. The judge additionally ruled that the worker had failed to prove that his early- onset multiple sclerosis, which caused “ annual flare- ups,” was a substantial limitation on a major life activity. Finally, the worker failed in his “ regarded as” claim when it was shown that his poor performance had been documented for months before he informed his superiors of his medical condition. Yudkovitz v. Bell Atlantic Corporation.
JUDGE ORDERS FLORIDA TO MAKE VOTING MACHINES ACCESSIBLE - Senior U. S. District Judge Wayne Alley has said in a tentative ruling that Duval County ( Florida) Supervisor of Elections John Stafford and the Florida Secretary of State’s Office were violating the ADA and the Rehabilitation Act by not providing voting machines that have an audio system that will allow visually and physically- impaired voters to vote without assistance. Judge Alley told the county and the state that they have four months to get voting equipment with an audio capability and have it ready by the August 2004 primary. If it can’t be done with current machines, the county will have to buy new ones, the judge said.
DISABILITIES WEBSITE OF THE MONTH - The Resource Center to Address Discrimination and Stigma ( ADS Center), a project of the U. S. Department of Health and Human Services, helps people design, implement and operate programs that reduce discrimination and stigma ADA News No. 119 - 4- January 22, 2004
associated with mental illnesses. With up- to- date research and information, the Center helps individuals, organizations and governments counter such discrimination and stigma in the community, in the workplace, and in the media. The web site offers a wealth of useful information related to stigma and discrimination associated with mental illnesses that describes what they are, what works to counter them, and what resources are available. The ADS Center: Bridging the Gap Between Where We Are and Where We Need to Be. Http:// www. adscenter. org
AREA CALENDAR -
National Network for Youth Symposium 2004: “ Creating Opportunities on the Road to the Future”
; February 22- 25, 2004; Washington, DC; the
National Network for Youth holds an annual symposium in Washington, DC, to bring together teens, youth workers, decision makers, and national, state, and local leaders from across the country; conference offers a forum to exchange cutting- edge information, learn about quality services, and influence legislation affecting youth at risk; conference also fosters development of collaborative efforts with other youth advocates and service providers; visit The National Network For Youth’s Website for more information: Http:// www. nn4youth. org.
❏ AAPD Leadership Gala; Tuesday, March 16, 2004; Washington Hilton and Towers, Washington, D. C.; the American Association of People with Disabilities ( AAPD) will celebrate and honor leaders within the disability community at its third- annual AAPD Leadership Gala. At this event, AAPD will publicly recognize several emerging leaders of the disability community, and present each of them with a $ 10,000 Paul G. Hearne/ AAPD Leadership Award. Additionally, the prestigious $ 50,000 Henry B. Betts Award will be presented to a person who promotes social change, an established leader in the disability community whose lifetime work has improved the quality of life of people with disabilities both nationally and internationally. Http:// www. aapd- dc. org/ gala/ gala04/ galahome04. html
No More Stolen Lives: Congress Can You Hear Us?
: ADAPT National Gathering; March 20- 25, 2004; Washington, DC; for information, e- mail ADAPT at
adapt@ adapt. org, or call Tisha Cunningham at 303/ 733- 9324 or Bob Kafka at 512/ 442- 0252; http:// www. adapt. org/ bulletin. htm
Technology Training for Technology Trainers
; April 7- 9, 2004; NFB National Research & Training Institute, Baltimore, Maryland; symposium sponsored by National Federation of the Blind will address strategies to identify and implement state- of- the- art access technology training to improve technology access/ usage and employment outcomes for individuals who are blind or severely visually impaired. This conference is targeted to State Vocational Rehabilitation Agency technology personnel and technology training contractors; info at
http:// www. ncddr. org/ calendar/ calendar. cgi? calendar. html: April: 200404
B
est Practices for Surveying People with Disabilities; April 19 - 20; Capitol Hill Holiday Inn, Washington, DC; sponsored by the Federal Interagency Committee on Disability Research. For information contact David Keer, 202- 205- 5633, e- mail David. Keer@ ed. gov, Paul Placek, 301- 458- 4437, e- mail Pplacek@ cdc. gov, or Juliana Cyril 404- 498- 3014, e- mail Jcyril@ cdc. gov
AROUND THE WORLD - Prestigious Awards for Three International Disability Leaders, by Barbara Duncan: “ In December prestigious awards were given to three people who have dedicated themselves to improving the situation of disabled people worldwide. Deng Pufang, president of the China Disabled Persons Federation ( CDPF), was one of the winners of this year’s United Nations prizes in the field of human rights; Dr. Susan Daniels of the U. S., deputy vice president of Rehabilitation International, has just been selected to receive the Henry B. Betts award for her long time national and international advocacy; and Lord Ashley, president of Britain’s Royal National Institute for the Deaf, was given a lifetime achievement award in recognition of his contributions to U. K. legislation impacting disabled people.” ( More at http:// www. disabilityworld. org/ 11- 12_ 03/ news/ awards. shtml.)
SCHOLARSHIP FOR UNDERGRAD WITH LEARNING DISABILITY - The Anne Ford Scholarship for Undergraduates with learning disabilities awards $ 10,000 to a high school senior with an identified learning disability ( LD) who is pursuing an undergraduate degree. An overall grade point average of 3.0 or higher is required. Financial need is strongly considered. For further information, interested parties should contact AFScholarship@ ncld. org. Applications must be postmarked January 31, 2004. Application Package can be found at http:// www. ncld. org/ awards/ applicationpacket2003- 04FINAL. doc.
RESOURCES - Some disability/ employment- related resource material recently added to the catalogue. Publications from the Equal Employment Opportunity Commission ( EEOC) can be ordered at http:// www. adapt. org/ bulletin. htmhttp:// www. eeoc. gov/ publications. html, or by calling 1- 800- 514- 0301( V) or 1- 800- 514- 0383( TTY).
T
he December edition of OVeRVIEW, the monthly magazine of the Office of Vocational Rehabilitation, features an article about the awards luncheon of the 50th Annual Governor’s Conference on Employment of People with Disabilities ( GCEPD).
D
OL and SBA Partner to Support People with Disabilities - The U. S. Department of Labor and the Small Business Administration signed a Strategic Alliance Memorandum ( SAM) designed to help people with disabilities pursue small business ownership and to increase their employment opportunities in small businesses. The SAM, entitled “ The New Freedom Small Business Initiative”, is designed to assist adult workers in acquiring the skills and resources they need to successfully begin and operate a small business and to educate small business owners about hiring people with disabilities. Http:// www. dol. gov/ odep/ newfreedom/ sam. htm
Transportation Availability and Use Study for People with Disabilities
- The Bureau of Transportation Statistics ( BTS) has released the results of a survey designed to identify the impact of transportation on the work and social lives of people with disabilities. The goal of the survey is to create an information resource for transportation planners to use when developing national, state, and local policies and programs for people with disabilities.
Http:// gulliver. trb. org/ news/ blurb_ detail. asp? id= 2168
T
he Winter 2004 Edition of ADA in Focus, the quarterly magazine of the ADA Information Center for the Mid- Atlantic Region, is now available at http:// www. adainfo. org/ development/ winter04. html. Featured is an article about the Help America Vote Act (“ HAVA”).
WASHINGTON WATCH
is an online publication of The Arc and
UCP Public Policy Collaboration to Impact National Public Policy for People with Mental Retardation, Cerebral Palsy and Related Disabilities and Their Families. You can find the January 2004 edition of Washington Watch, which discusses the upcoming session of Congress, Tennessee v. Lane, and other topical matters, at http:// www. ucp. org/ ucp_ generalsub. cfm/ 1/ 8/ 33/ 12109- 12110.
Pennsylvania Workforce 2010
reports on the changes Pennsylvania will face in the makeup of its population and workforce, business mix of its economy, and jobs that will be in demand across the state. These projections can assist planners in determining the impact of baby boomers and the echo generation on businesses growing their workforce. Pennsylvania Workforce 2010 can be accessed and downloaded in its entirety at
http:// www. dli. state. pa. us/ landi/ cwp/ view. asp? a= 140& Q= 197445& PM= 1.
OVR 2004 Combined Agency State Plan
details Pennsylvania Office of Vocational Rehabilitation’s compliance with the Federal Rehabilitation Act and through the Attachments describes specifically how the OVR meets these Federal program requirements.
Http:// www. dli. state. pa. us/ landi/ lib/ landi/ pdf/ ovr/ 2004_ OVR_ STATE_ PLAN. pdf
December NCD Bulletin
- the Bulletin brings you the latest issues and news affecting people with disabilities from the National Council on Disability.
Http:// www. ncd. gov/ newsroom/ bulletins/ b1203. html
N
CD Paper on Tennessee v. Lane Case - the National Council on Disability’s policy paper, “ Tennessee v. Lane: The Legal Issues and Implications for People with Disabilities” discusses the case and the constitutional and policy issues it raises. The paper examines the Lane case in the context of the recent trend in Supreme Court decisions limiting the power of Congress to regulate the states. Http:// www. ncd. gov/ newsroom/ publications/ legalissues. html
DC BOARD OF ELECTIONS MAKES VOTING ACCESSIBLE FOR ALL - Thanks in large part to the American Association of People with Disabilities ( AAPD), all citizens of the District of Columbia, including the 22,000 individuals who are blind and disabled, were for the first time, able to vote secretly and independently in the country’s first primary election on January 13th. The District is among the first jurisdictions to meet the Help America Vote Act of 2002 ( HAVA) requirement for one accessible touchscreen voting unit in every polling place.
UCP PRESIDENTIAL CONTENDERS SURVEY - UCP sent questionnaires to all of the Democratic Presidential candidates asking them to address issues important to persons with disabilities and their families. Read the responses at http:// www. ucp. org/ ucp_ generaldoc. cfm/ 1/ 8/ 28/ 28- 28/ 5263
ADA News No. 119 - 8- January 22, 2004
.
AROUND THE WORLD - Prestigious Awards for Three International Disability Leaders, by Barbara Duncan: “ In December prestigious awards were given to three people who have dedicated themselves to improving the situation of disabled people worldwide. Deng Pufang, president of the China Disabled Persons Federation ( CDPF), was one of the winners of this year’s United Nations prizes in the field of human rights; Dr. Susan Daniels of the U. S., deputy vice president of Rehabilitation International, has just been selected to receive the Henry B. Betts award for her long time national and international advocacy; and Lord Ashley, president of Britain’s Royal National Institute for the Deaf, was given a lifetime achievement award in recognition of his contributions to U. K. legislation impacting disabled people.” ( More at http:// www. disabilityworld. org/ 11- 12_ 03/ news/ awards. shtml.)
SCHOLARSHIP FOR UNDERGRAD WITH LEARNING DISABILITY - The Anne Ford Scholarship for Undergraduates with learning disabilities awards $ 10,000 to a high school senior with an identified learning disability ( LD) who is pursuing an undergraduate degree. An overall grade point average of 3.0 or higher is required. Financial need is strongly considered. For further information, interested parties should contact AFScholarship@ ncld. org. Applications must be postmarked January 31, 2004. Application Package can be found at http:// www. ncld. org/ awards/ applicationpacket2003- 04FINAL. doc.
RESOURCES - Some disability/ employment- related resource material recently added to the catalogue. Publications from the Equal Employment Opportunity Commission ( EEOC) can be ordered at http:// www. ncld. org/ awards/ applicationpacket2003- 04FINAL. dochttp:// www. eeoc. gov/ publications. html, or by calling 1- 800- 514- 0301( V) or 1- 800- 514- 0383( TTY).
T
he December edition of OVeRVIEW, the monthly magazine of the Office of Vocational Rehabilitation, features an article about the awards luncheon of the 50th Annual Governor’s Conference on Employment of People with Disabilities ( GCEPD).
D
OL and SBA Partner to Support People with Disabilities - The U. S. Department of Labor and the Small Business Administration signed a Strategic Alliance Memorandum ( SAM) designed to help people with disabilities pursue small business ownership and to increase their employment opportunities in small businesses. The SAM, entitled “ The New Freedom Small Business Initiative”, is designed to assist adult workers in acquiring the skills and resources they need to successfully begin and operate a small business and to educate small business owners about hiring people with disabilities. Http:// www. dol. gov/ odep/ newfreedom/ sam. htm
Transportation Availability and Use Study for People with Disabilities
- The Bureau of Transportation Statistics ( BTS) has released the results of a survey designed to identify the impact of transportation on the work and social lives of people with disabilities. The goal of the survey is to create an information resource for transportation planners to use when developing national, state, and local policies and programs for people with disabilities.
Http:// gulliver. trb. org/ news/ blurb_ detail. asp? id= 2168
T
he Winter 2004 Edition of ADA in Focus, the quarterly magazine of the ADA Information Center for the Mid- Atlantic Region, is now available at http:// www. adainfo. org/ development/ winter04. html. Featured is an article about the Help America Vote Act (“ HAVA”).
WASHINGTON WATCH
is an online publication of The Arc and
UCP Public Policy Collaboration to Impact National Public Policy for People with Mental Retardation, Cerebral Palsy and Related Disabilities and Their Families. You can find the January 2004 edition of Washington Watch, which discusses the upcoming session of Congress, Tennessee v. Lane, and other topical matters, at http:// www. ucp. org/ ucp_ generalsub. cfm/ 1/ 8/ 33/ 12109- 12110.
Pennsylvania Workforce 2010
reports on the changes Pennsylvania will face in the makeup of its population and workforce, business mix of its economy, and jobs that will be in demand across the state. These projections can assist planners in determining the impact of baby boomers and the echo generation on businesses growing their workforce. Pennsylvania Workforce 2010 can be accessed and downloaded in its entirety at
http:// www. dli. state. pa. us/ landi/ cwp/ view. asp? a= 140& Q= 197445& PM= 1.
OVR 2004 Combined Agency State Plan
details Pennsylvania Office of Vocational Rehabilitation’s compliance with the Federal Rehabilitation Act and through the Attachments describes specifically how the OVR meets these Federal program requirements.
Http:// www. dli. state. pa. us/ landi/ lib/ landi/ pdf/ ovr/ 2004_ OVR_ STATE_ PLAN. pdf
December NCD Bulletin
- the Bulletin brings you the latest issues and news affecting people with disabilities from the National Council on Disability.
Http:// www. ncd. gov/ newsroom/ bulletins/ b1203. html
N
CD Paper on Tennessee v. Lane Case - the National Council on Disability’s policy paper, “ Tennessee v. Lane: The Legal Issues and Implications for People with Disabilities” discusses the case and the constitutional and policy issues it raises. The paper examines the Lane case in the context of the recent trend in Supreme Court decisions limiting the power of Congress to regulate the states. Http:// www. ncd. gov/ newsroom/ publications/ legalissues. html
DC BOARD OF ELECTIONS MAKES VOTING ACCESSIBLE FOR ALL - Thanks in large part to the American Association of People with Disabilities ( AAPD), all citizens of the District of Columbia, including the 22,000 individuals who are blind and disabled, were for the first time, able to vote secretly and independently in the country’s first primary election on January 13th. The District is among the first jurisdictions to meet the Help America Vote Act of 2002 ( HAVA) requirement for one accessible touchscreen voting unit in every polling place.
UCP PRESIDENTIAL CONTENDERS SURVEY - UCP sent questionnaires to all of the Democratic Presidential candidates asking them to address issues important to persons with disabilities and their families. Read the responses at http:// www. ucp. org/ ucp_ generaldoc. cfm/ 1/ 8/ 28/ 28- 28/ 5263.
ADA News No. 119 - 11- January 22, 2004
ADA News No. 120 - 12- February 23, 2004
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" News Reviews to Peruse"
Number 120 February 2004
Items regarding disabilities, disabilities law and the Americans with Disabilities Act which may be of interest to you. Please share this information with colleagues, supervisors and subordinates. This is a free publication available in electronic and printed format to anyone who is interested. Subscription requests, comments, contributions or questions, including requests for accommodations needed to receive or apprehend this publication, should be addressed to Patrick H. Bair ( Ed.) ( pbair@ state. pa. us). The views and opinions expressed herein are solely those of the editor, except where noted, and do not represent the views of the Office of Chief Counsel or the Department of Environmental Protection. Current and recent issues can be found online at http:// www. dep. state. pa. us/ dep/ deputate/ ChiefCounsel/ ADA/ adanews_ index_ 2001. htm. All past issues of this publication are archived at http:// intradep/ ChiefCounsel/ ADANews/ adanews_ index. htm on the DEP internal website.
MARCH OBSERVANCES - March is Mental Retardation Awareness Month, Hemophilia Month, National Chronic Fatigue Syndrome Awareness Month, National Kidney Month, American Red Cross Month, Save Your Vision Month, National Colorectal Cancer Awareness Month, National Multiple Sclerosis Education and Awareness Month, National Nutrition Month, National Eye Donor Month and Workplace Eye Health and Safety Month. National Juvenile Arthritis Awareness Week is March 2 - 8, Pulmonary Rehabilitation Week is March 14 - 20, and National Patient Safety Awareness Week is March 7 - 13. World Tuberculosis Day is March 24th. Whew!
ACCOMMODATION MUST BE RELATED TO LIMITED MLA - The U. S. Court of Appeals for the Eighth Circuit ( ND, SD, NE, MN, IA, MO, AR) in a decision last year held that an employer is not obligated to provide an employee with a requested accommodation unless there is a relationship between the major life activity the employee claims is substantially limited and the particular accommodation being requested. In other words, the major life activity limited by the disability must necessitate the requested accommodation. In the case before the Court, a concrete truck driver sustained a back injury that made him unable to perform the essential functions of his job. Because the employer had no other positions available that the driver could perform within his back- related restrictions, it fired him. The driver sued the company under the ADA, alleging that the employer’s failure to find a job for him other than driving a concrete truck constituted a failure to reasonably accommodate him under the ADA. His back injury, which prevented him from driving a truck, however, was not serious enough to be a disability, said the Court. The injury also left him totally impotent. Procreation is a major life activity, and he clearly had a substantial limitation; so the Court ruled that his impotence was an ADA disability. But, needless to say, procreation is not an essential function of the truck- driving job, and his impotence had nothing to do with his request of a transfer as a reasonable accommodation. Therefore, the court held that the driver was not entitled to therequested accommodation. Wood v. Crown Redi- Mix, Inc., CA8, No. 02- 3506, 8/ 7/ 03 ( http:// www. ca8. uscourts. gov/ tmp/ 023506. html).
FLORIDA TO APPEAL ACCESSIBLE VOTING RULING - Concerned that it will set a precedent, Florida’s supervisors of elections plan to appeal a federal ruling requiring Duval County to provide voting machines for the disabled by the August 31 primary. The tentative ruling by U. S. District Judge Wayne Alley, reported here last month ( ADA News No. 119, January 2004, http:// www. dep. state. pa. us/ dep/ deputate/ ChiefCounsel/ ada_ news_ 90_ frontpage. htmhttp:// www. dep. state. pa. us/ dep/ deputate/ ChiefCounsel/ ADA/ adanews_ v119/ ada_ news_ January_ 2004. htm), found that Florida counties must comply not only with the new Help America Vote Act ( HAVA), but also the more stringent ADA when holding elections. It was unclear whether Judge Alley’s order required machines in each precinct this year, or in a central location. He gave each side ten days to reply to his tentative ruling but indicated he would make it permanent. ALCOHOLISM AND WORKING A BAD COMBINATION - A retail worker with a history of alcohol- related problems lost his ADA lawsuit after he was terminated by Neiman Marcus for drinking on the job. The worker sued under the ADA, charging that he was discharged because of his alcoholism, a protected disability under the Act, and not because of job- related misconduct. Despite disagreement on the facts of the discharge, the trial court granted summary judgment to the employer. On appeal, the U. S. Court of Appeals for the First Circuit ( ME, PR, NH, MA, RI) dismissed the worker’s claims that his alcoholism substantially impaired his ability to work or that he was regarded as having a disability. The opinion contains a good discussion of “ working” as a major life activity. Sullivan v. The Neiman Marcus Group, Inc., CA1, No. 03- 1606, 2/ 13/ 04 ( http:// www. ca1. uscourts. gov/ cgi- bin/ getopn. pl? OPINION= 03- 1606.01A).
MORE EMERGENCY PLANNING NEEDED FOR PEOPLE WITH DISABILITIES ( from the National Organization on Disability)- “ More than two years after terrorist attacks focused national attention on the importance of planning ahead for disasters, Americans with disabilities remain insufficiently prepared, and are anxious about their safety, according to a new Harris Interactive survey commissioned by the National Organization on Disability. In the event of a terrorist attack, natural disaster, or other crisis, only 44 percent of people with disabilities say they know whom to contact about emergency plans for their community. Just 39 percent have made plans to evacuate quickly and safely from their homes. These figures have barely changed from two years ago ( 40 and 38 percent, respectively), when Harris conducted the same survey following the September 11, 2001 terrorist attacks. The new survey found a noteworthy improvement, however, in the workplace preparedness of people with disabilities who are employed. Sixty- eight percent now say that plans have been made to quickly and safely evacuate from their jobs, a dramatic increase from 45 percent in 2001.” Http:// www. nod. org/ content. cfm? id= 1489
DUQUESNE FACES EXPENSIVE COMPLIANCE WITH ADA ( from the Pittsburgh Post- Gazette) - “ Duquesne council faces a minimum expense of $ 40,000 to make the city’s municipal building acceptable under the federal Americans With Disabilities Act.” Http:// www. post- gazette. com/ pg/ 04035/ 268957. stm
DISABILITIES WEBSITE OF THE MONTH - Anybody else notice that this is an Olympic year? Don’t wait until the last minute to start training! And while you’re cooling off, take a look at the official website of the Athens 2004 Olympic and Paralympic Games at http:// www. athens2004. com.
ACCESS GUIDELINES WOULD REQUIRE TALKING ATMs - All new automatic teller machines ( ATMs) will have to talk back under revised architectural guidelines approved by the Access Board February 3rd. The ATMs will be required to have audible output either through digitized, recorded, human or synthesized speech. The revised ADA Accessibility Guidelines ( ADAAG) also require that wheelchair seating be widely dispersed in assembly areas. The latter provision is partly in response to the increased popularity of stadium- style seating in movie theaters, many of which accommodate wheelchairs only in the very front or back rows. The revised standards need to be approved by the Justice Department, which has enforcement power.
AREA CALENDAR -
6
th Annual Barstool Open; Saturday, February 28th; Erie, PA; selected bars in downtown Erie design a unique golf course where teams of 4 golfers compete for prizes; proceeds benefit MECA United Cerebral Palsy; sign up your team at one of the participating establishments, call ( 814) 836- 9113, ext. 223 or 225, or browse to http:// www. ucp. org/ ucp_ localdoc. cfm/ 134/ 9444/ 9452/ 9452- 9452/ 5286 to get your registration form
2
nd World Congress on Women's Mental Health; March 17 - 20, 2004; Marriott Wardman Hotel City, Washington, DC; mailto: Web site: http:// www. womenmentalhealth. org
No More Stolen Lives: Congress Can You Hear Us?
:
ADAPT National Gathering; March 20- 25, 2004; Washington, DC; for information, e- mail ADAPT at adapt@ adapt. org, or call Tisha Cunningham at 303- 733- 9324 or Bob Kafka at 512- 442- 0252; http:// www. adapt. org/ bulletin. htm
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2nd ANNUAL INGLIS FIVE RACE; April 4, 2004; Fairmount Park, Philadelphia, PA; Delaware Valley runners, walkers and wheelchair athletes are invited to participate in the 22nd Annual Inglis Five Race on Sunday, April 4, 2004, beginning at 10: 00 AM; more information at http:// www. inglis. org/ news. htm
A
ll Star Labor Classic; 12: 30 PM, Sunday, April 4, 2004; St. Joseph’s University, 54th and City Avenue, Philadelphia, PA; in its 17th year, this benefit basketball tournament offers a day of fun for the entire family; there will be an exhibition game, cheerleaders, prize giveaways and more; tournament benefits children and adults with disabilities in the Greater Philadelphia area and awards scholarships to student athletes for their continuing education; tickets are free for students, $ 5 for adults; for more information contact the Development Department at 215- 242- 4200, ext. 1202 or email ucpevents@ aol. com
❏ Law Enforcement Torch Run for Special Olympics; April 15, 2004; Harrisburg, PA; sponsored by Special Olympics and the Law Enforcement Agencies of Dauphin, Cumberland, Perry and Northern York Counties; run will leave State Capitol steps at 7: 30 AM and finish at Messiah College at approximately 9: 45 AM for the opening ceremonies of the 35th Annual Special Olympics Area M Games; more info at 717- 732- 6756, or via e- mail to tmaioli@ comcast. net or jjones@ attorneygeneral. gov
A
DA & FMLA Compliance Update; April 15 - 16, 2004; Willard Inter- Continental, Washington, DC; update presented by the National Employment Law Institute; CLE credits are available, as well as CEU/ CPE credits for HR professionals; for more information on this course, visit http:// www. neli. orghttp:// www. neli. org/ programs2. asp? ProgramID= 2.
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ational Youth Service Day ( NYSD); April 16- 18, 2004; the goal of National Youth Service Day is to mobilize youth to identify and address the needs of their communities through service; National Youth Service Day is also an opportunity to recruit the next generation of volunteers and educate the public about the role of youth as community leaders; to learn more about National Youth Service Day, visit: http:// www. ysa. org/ nysd/ index. cfm
Removing Bias by Removing Barriers
; April 19- 20, 2004; Capital Hill Holiday Inn City, Washington, DC; both public and private specialists from the disability research community and the survey research community share their experiences in making surveys accessible to those with a disability; more information from David Keer, National Institute on Disability and Rehabilitation Research, at 202- 205- 5633, or from conference website at
http:// www. cdc. gov/ nchs/ data/ icd9/ September% 202003% 20Issue. pdf ADA News No. 120 - 17- February 23, 2004
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otor Cars Under the Stars; Monday, May 3, 2004; Philadelphia, PA; UBS Financial Services along with The Delaware Valley Land Rover Dealers, The Jaguar Dealers of the Delaware Valley and Delaware Valley Mercedes- Benz Dealerships are teaming up to present Motorcars Under the Stars to benefit UCP; evening will begin on the East Terrace of the Philadelphia Museum of Art, and will feature rare, classic and collectible automobiles along with modern day classics from Jaguar, Land Rover and Mercedes- Benz; tickets are $ 200 per person which include cocktails and hors d’oeuvres, dinner and a private showing of the new Manet and the Sea exhibition at the museum; more information UCP at 215- 242- 4200, ext 1223 or alhancom@ comcast. net
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mpowering the ADA Coordinator: National Association of ADA Coordinators ( NAADAC) 2004 Spring Conference; May 3- 6, 2004; Broadway Hotel, Las Vegas, Nevada; annual four- track program offers important updates on disabilities and employment, colleges and universities, accessibility and transit; advance registration for this conference is required; more information at 800- 722- 4232, or from the NAADAC website, http:// janweb. icdi. wvu. edu/ NAADAC
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CP 5K Corporate Run/ Walk; Monday, May 17, 2004; Philadelphia, PA; join hundreds of runners and walkers in this team- oriented UCP benefit event as they converge on West River Drive in Philadelphia; teams are made up of 3- 10 participants currently employed by the same company; for more information contact the Development Department at 215- 242- 4200, ext. 1289 or email seucp@ aol. com
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6th Annual UCP Foundation Golf Classic; June 07, 2004; Lone Pine Golf Club, Washington, PA; registration begins at 10: 30 AM followed by lunch at 11: 00 AM and a shotgun start at 12: 30 PM; cocktails at 5: 30 with dinner and a program, hosted by Andrew Stockey, WTAE Action Sports anchor; contact UCP of Southwestern Pennsylvania at 724- 229- 0851, or via e- mail to info@ ucpswpa. org
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aising the Bar 2004; June 8 - 9, 2004; Turf Valley Inn and Conference Center, Ellicott City, MD; regional workforce development conference is expected to draw more than 600 workforce development professionals from Delaware, the District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia; for more information, call 866- 544- 9677 or visit http:// www. mwda. org/ 04conference. htm
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CP Celebrity Golf Tournament; June 28, 2004; North Hills Country Club, North Hills, PA; brings together celebrities and business representatives from across the country for a fantastic day of golf, fun, and food; for more information contact the Development Department at 215- 242- 4200, ext. 1289 or email seucp@ aol. com
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2th Annual Outback Steakhouse Charity Classic; Monday, July 12, 2004; Meadowlands Country Club, Blue Bell, PA; Outback Steakhouse will prepare lunch and dinner on the “ barbie” and serve it up on the green, and a tennis round robin will hit hard with all the Australian fanfare; for more information contact the Development Department at 215- 242- 4200, ext. 1202 or email ucpevents@ aol. com.
THE ABC’s OF HEPATITIS ( from JAN Enews) - A recent hepatitis A outbreak in Western Pennsylvania has left many people wondering about the differences between hepatitis A, B, and C. According to the Centers for Disease Control and Prevention ( CDC), hepatitis A, B, and C are not spread through casual contact at the workplace or school setting. The hepatitis A virus ( HAV) that causes Hepatitis A is transmitted from person to person by putting something in the mouth that has been contaminated with the stool of a person with hepatitis A. Once a person is infected, flu- like symptoms may appear with no long- term effects; death is rare. Hepatitis A is preventable by administering immune globulin or the hepatitis A vaccine, and, most importantly, washing your hands after using the bathroom, changing a diaper, or before preparing or eating food. Hepatitis B is a chronic disease that can cause lifelong infection, cirrhosis of the liver, liver cancer, liver failure, and death. The hepatitis B virus ( HBV) is transmitted by coming into direct contact with the blood or body fluids of an infected person. The hepatitis B vaccine is available to prevent Hepatitis B. Hepatitis C is a disease of the liver with similar long- term effects as hepatitis B. The hepatitis C virus ( HCV) is spread when blood or body fluids from an infected person enters the body of a person who is not infected. Eighty percent of individuals who have hepatitis C may not have symptoms. There is not a vaccine available to prevent hepatitis C. Treatment for hepatitis C can produce side effects such as flu- like symptoms, fatigue, and depression. Accommodation considerations, depending on the job and specific limitations of the individual, will generally ADA News No. 120 - 19- February 23, 2004
include time off work, a modified schedule, job restructuring, telecommuting or work at home, and reassignment. Resources: Work- site Accommodation Ideas for Individuals with Hepatitis at http:// www. jan. wvu. edu/ media/ Hep. html.
AROUND THE WORLD - London Reports High Incidence of Abuse of Disabled Persons - “ A report of high incidence of abuse against disabled people in London was presented by the city’s mayor, Ken Livingstone during the Mayor’s Disability Capital Conference held in early December. A survey of disabled Londoners found that nearly 50% had sustained verbal or physical abuse such as bullying.” http:// www. disabilityworld. org/ 11- 12_ 03/ news/ abuse. shtml
HAPPY BIRTHDAY JAN - Did you know that the Job Accommodation Network ( JAN) is 20 years old? Started in 1983 by the President’s Committee on Employment of the Handicapped, JAN continues to be funded by the Office of Disability Employment Policy into which the President’s Committee evolved. The original idea for JAN came from member employers working with the President’s Committee, employers such as AT& T, Sears, ITT, and 3M. Located at West Virginia University, JAN has become an extremely successful program by gathering and categorizing accommodation information from many available sources and providing customized accommodation solutions directly to users over the phone with a professional consultant or on- line through an extensive website. JAN maintains information from over 12,000 manufacturers, wholesalers and retailers, service providers, organizations, and facilities. Each of JAN’s consultants has, at a minimum, a Master’s degree in a field related to disability or accommodations. Among the disciplines represented are vocational rehabilitation, psychology, special education, ergonomics, and safety management. JAN handles over 32,000 inquiries each year, and its website handles approximately 1.4 millionpage requests per year. Anyone can contact JAN with an accommodation question by calling1- 800- 526- 7234 ( V/ TTY), via e- mail to jan@ jan. wvu. edu, or through the JAN web site at http:// www. jan. wvu. edu.
RESOURCES - Some disability/ employment- related resource material recently added to the catalogue. Publications from the Equal Employment Opportunity Commission ( EEOC) can be ordered at http:// www. jan. wvu. eduhttp:// www. eeoc. gov/ publications. html, or by calling 1- 800- 514- 0301( V) or 1- 800- 514- 0383( TTY).
ADA News No. 120 - 20- February 23, 2004
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he January edition of OVeRVIEW, the monthly magazine of the Office of Vocational Rehabilitation, features an article about job coach DeWayne McCutcheon.
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he January edition of the National Council on Disability Monthly Bulletin is available online at http:// www. ncd. gov/ newsroom/ bulletins/ b0104. html. Included are excellent articles about the Tennessee v. Lane U. S. Supreme Court case, and a legislative initiative on institutional bias in the Medicare system.
Making the On- Line Application Process Accessible Under the Americans with Disabilities Act ( ADA)
- Volume 2, Issue 5 of JAN’s Consultant’s Corner series.
Http:// www. jan. wvu. edu/ corner
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esigns to Accommodate Workers with Disabilities Benefit All - this article in Ergonomics Today notes that office equipment that may be designed to accommodate individual employees with disabilities may also help other workers increase productivity, prevent injuries, and actually save employers money in the long run. Http:// www. ergoweb. com/ news/ detail. cfm? id= 869
ADA Basic Building Blocks
is a free self- paced online course developed by the
Southeast Disability and Business Technical Assistance Center ( DBTAC) designed to serve as an introduction or refresher on ADA concepts. http:// www. adabasics. org
Fourth annual ‘ e- government’ survey
- The fourth annual ‘ e- government’ survey, conducted by the
Taubman Center for Public Policy and American Institutions at Brown University, finds that only about one- third of state and federal government Web sites examined satisfied recognized standards for accessibility by users with vision or hearing impairment. Read the details at http:// www. brown. edu/ Administration/ News_ Bureau/ 2003- 04/ 03- 025. html.
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ccessible Temporary Events: A Planning Guide - The Center for Universal Design at North Carolina State University has produced this unique and practical publication that includes information on how to plan, promote, and provide accessible temporary events such as fairs, festivals, exhibits, concerts, races, tournaments, shows, and rallies. The guide addresses many typical physical and communication access issues, such as temporary parking locations, portable toilets, signage, and sound amplification systems. Suggestions are offered for successful planning, advertising, and coordination of available community resources. To request a copy of the planning guide for a nominal charge, contact the ADA Information Center for the Mid- Atlantic Region at 1- 800- 949- 4232 ( voice or TTY) or e- mail adainfo@ transcen. org.
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he Accessible Games Book by Katie Marl - The Accessible Games Book contains a number of games for small ( under 10) to large ( more than 40) groups that include participants with a wide variety of disabilities. From auditory and vision impairments to physical impairments, Katie Marl includes modifications to each of the games ( which include concise directions and a list of any materials needed) to fully include all participants. Http:// www. jkp. com/ catalogue/ book. php? isbn= 1- 85302- 830- 4
SURVEY ON ACCESS TO FITNESS AND RECREATION FACILITIES - The Rehabilitation Engineering Research Center on Recreational Technology at the University of Illinois at Chicago is currently conducting a National Users with Disabilities Group on Exercise ( NUDGE) Needs survey. The ultimate goal of the study is to help Americans with disabilities gain greater access to fitness and recreation opportunities. People with disabilities are invited to participate. The survey takes approximately ten minutes to complete, and all information provided will be kept strictly confidential. Http:// www. rercrectech. org/ surveys/ default. htm
DISABLED PARKING FOR MOMS- TO- BE? - Call it a fringe benefit of pregnancy: California is considering giving special parking privileges to women counting the days until childbirth. But there’s a catch. Critics say the legislation could pit pregnant women against Californian drivers with disabilities for prime parking spaces. Under the proposed law, pregnant women in their final trimester would be entitled to a placard allowing them to park in spaces marked for the persons with disabilities throughout California. The Department of Motor Vehicles would be authorized to issue the placards after women produce a doctor’s note stating that they are in the final three months of pregnancy. Jon Ellison, executive director of the Legal Center for the Elderly and Disabled in Sacramento, said he is concerned about the law. “ If it would compete with or make a parking spot not available for someone who is permanently disabled, I’d have a problem with that,” he said. California has issued 1.5 million permanent placards for drivers with disabilities, and about 107,600 temporary cards usable for up to six months, records show.
DISNEYLAND MAKES LINE PASSES HARDER TO GET - After years of freely issuing passes to people who said they couldn’t stand in the regular lines because of an ailment or disability, Disney is asking a lot more questions now before allowing anyone to head to the front of the line. The change, intended to limit the service to those who need it and stop bottlenecks at boarding areas, has satisfied some and irritated others. Park patrons with disabilities that are not visibly apparent say the guidelines seem so vague that they may quit visiting Disney parks. Angela Valles of Garden Grove is unable to stand for long periods because of multiple sclerosis. She said Disney officials insisted she use a park wheelchair, but Valles did not want to spend an extra $ 7 for something she would hardly use. So many visitors used the freely- issued “ special assistance passes” for so long that a sense of entitlement developed, and several angry scenes erupted when Disney began refusing requests for them in late ecember.
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ADA News No. 120 - 22- February 23, 2004
" News Reviews to Peruse" ADA News No. 121 - 23- March 18, 2004
Number 121 March 2004
Items regarding disabilities, disabilities law and the Americans with Disabilities Act which may be of interest to you. Please share this information with colleagues, supervisors and subordinates. This is a free publication available in electronic and printed format to anyone who is interested. Subscription requests, comments, contributions or questions, including requests for accommodations needed to receive or apprehend this publication, should be addressed to Patrick H. Bair ( Ed.) ( pbair@ state. pa. us). The views and opinions expressed herein are solely those of the editor, except where noted, and do not represent the views of the Office of Chief Counsel or the Department of Environmental Protection. Current and recent issues can be found online at http:// www. dep. state. pa. us/ dep/ deputate/ ChiefCounsel/ ADA/ adanews_ index_ 2001. htm. All past issues of this publication are archived at http:// intradep/ ChiefCounsel/ ADANews/ adanews_ index. htm on the DEP internal website.
APRIL OBSERVANCES - April, the first full month of Spring, is also full of observances: Cancer Control Month; Alcohol Awareness Month; Sports Eye Safety Month; National Donate Life Month; Counseling Awareness Month; National Autism Awareness Month; National STD Awareness Month; IBS Awareness Month; National Occupational Therapy Month; Women’s Eye Health and Safety Month; and National Youth Sports Safety Month. National Sleep Awareness Week is March 31 - April 6; National Public Health Week is April 5- 11; April 13- 19 is National Infant Immunization Week; National Minority Cancer Awareness Week is April 18- 24; National Organ & Tissue Donor Awareness Week is April 20- 26; April 2 is Kick Butts Day, World Health Day is April 7 and National Alcohol Screening Day is April 8. Oh, yes, and Earth Day is April 22!
FAILURE TO REMOVE SNOW NOT AN ADA VIOLATION - A District Court did not err in granting a motion for summary judgment in an action alleging that a city’s failure to clear snow or provide operating elevators at its train station violated disabled plaintiffs’ rights under the ADA, according to a recent decision of the U. S. Court of Appeals for the Seventh Circuit ( WI, IL, IN). The Court found that the record showed that on the day in question, the train station received heavy snowfall, and that any inaccessibility for the plaintiff was “ isolated or temporary” given the fact that the snow was cleared and that the elevator was working one day after the storm. The plaintiff also failed to show that other disabled persons were denied access because of frequent elevator breakdowns. Foley v. City of Lafayette, Indiana, CA7, No. 03- 2168, 3/ 8/ 04 ( http:// www. ca7. uscourts. gov/ op3. fwx? submit1= showop& caseno= 03- 2168. PDF)
DOJ SETTLEMENTS ONLINE - The U. S. Department of Justice has made many of its ADA- related documents available in its online archive, including settlements and consent orders since 1995. Check out a sampling at http:// www. ada. gov/ settlemt. htm# anchor502508.
JUSTICE DEPARTMENT INKS NINE NEW AGREEMENTS - The U. S. Department of Justice announced the signing last month of agreements with nine counties and municipalities nationwide, designed to enhance accessibility to their civic spaces for individuals with disabilities. The agreements are part of the Department’s “ Project Civic Access,” a wide- ranging compliance assistance effort to ensure that cities and counties throughout the United States comply with the ADA. Under the initiative, the Justice Department has worked cooperatively with cities and counties in every state and signed agreements with 69 of them. Under the new agreements, Detroit, Michigan; Lincoln County, Nebraska; Binghamton, New York; Carson City, Nevada; Lakewood, Washington; Citrus County, Florida; Springfield, Massachusetts; Waukegan, Illinois Park District; and Mobile, Alabama will take specific steps to make their core government functions more accessible to people with disabilities. The agreements require improved access to all aspects of civic life including courthouses, libraries, parks, sidewalks, and other facilities, as well as addressing accessibility issues in employment, voting, law enforcement activities and emergency preparedness and response.
DISABILITIES WEBSITE OF THE MONTH - It’s never to early to start dreaming about summer vacations. Travelin’ Talk is a global network of persons with disabilities ( and without) who have joined together and formed a unique family of friends around the world. Members share knowledge about their hometowns, or help other members while visiting or passing through in case of an emergency. Members can contact others before traveling to that area and get information prior to arriving. The Travelin’ Talk Network was founded by Rick Crowder, who came up with the idea while traveling across Kansas in 1987. Rick, a wheelchair user himself, wondered what he would do if the lift on his van broke. At home he’d know where to get it fixed; but on the road that could be a problem. It occurred to him that there were persons with disabilities that would be willing to help travelers with information or advice if they had a problem. He was apparently right. Take a look - especially before your next trip! Http:// www. travelintalk. net
UPGRADES SOUGHT IN ACCESSIBLE VOTING - A coalition of disability rights groups and voters have sued San Francisco and three other California counties for failing to provide touch- screen voting machines in the state’s primary election that they say are specifically designed to allow those who are blind or with manual dexterity problems to vote independently. In a federal complaint filed in Los Angeles, eleven Golden State voters, joined by the American Association of People with Disabilities, California Council of the Blind and California Foundation for Independent Living Centers, charged that the four counties violated their voting rights by not giving them access to machines they could use. They are calling on the counties to have the touch- screen voting machines in place for the November election.
TAX BREAKS FOR COMPANIES THAT HIRE PEOPLE WITH DISABILITIES - Not only is it good business to hire folks with disabilities, there is an added financial advantage. By hiring people with disabilities, businesses can also take advantage of a variety of tax benefits offered by the federal government. Explanations of the tax benefits can be found in the Frequently Asked Questions section on Office of Disability Employment Policy ( ODEP’s) web site at http:// www. dol. gov/ odep. Some of the benefits include The Work Opportunity Tax Credit; The Small Business Tax Credit ( IRS Code Section 44, Disabled Access Credit); and The Architectural/ Transportation Tax Deduction ( IRS Code Section 190, Barrier Removal). Http:// www. dol. gov/ odep/ pubs/ ek97/ tax. htm.
WORKFARE WORKERS COVERED BY TITLE VII - In the first circuit court ruling of its kind, a divided U. S. Court of Appeals for the Second Circuit ( NY, VT, CT) panel has found that people required to work to receive welfare benefits are employees entitled to federal protection against sexual and racial harassment. The decision reversed a federal district court that held that workfare workers - about 90 percent of whom are women - had no employee- employer relationship and therefore were not owed the protections of Title VII of the Civil Rights Act. United States & Colon v. City of New York, CA2, No. 02- 6102, 2/ 13/ 04 ( http:// www. ca2. uscourts. gov: 81/ isysnative/ RDpcT3BpbnNcT1BOXDAyLTYxMDJfb3BuLnBkZg==/ 02- 6102_ opn. pdf# xml= http:// 10.213.23.111: 81/ isysquery/ irl7e/ 1/ hilite).
DRA INVESTIGATING MEDICARE - Disability Rights Advocates ( DRA) is currently investigating complaints by Medicare beneficiaries who have experienced difficulty trying to obtain power and manual wheelchairs and scooters. If you have had difficulty getting the equipment you need from Medicare in the last two years, DRA wants to know. The organization is investigating experiences people have had getting wheelchairs that work in their homes, as well as the experiences of people trying to get wheelchairs/ scooters that work outside their homes. To report a problem you have experienced, or for more information, go to the DRA Legal web site at http:// www. dralegal. org, or e- mail general@ dralegal. org ( use “ Medicare” as the subject).
AREA CALENDAR -
❏ “ Links to the Future” Golf Marathon; April 5, 2004; Tantallon Golf Course, Ft. Washington, Maryland; the Spinal Cord Injury Network will hold its First Annual Golf Marathon fundraiser; to find out more about how to participate or support this event, contact Steve Towle at 301- 424- 8335 or e- mail stevetowle@ cs. com
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ational Pathways to Adulthood; April 13- 15, 2004; OMNI Shoreham Hotel, Washington, DC; conference of the National Resource Center for Youth Development provides an opportunity for state independent living coordinators, transitional living grantees, youth service providers and others to learn about the most recent developments regarding the Chafee Foster Care Independence Program and the federally funded transitional living program; more information on this conference can be found at http:// www. nrcys. ou. edu/ NRCYD/ events. htmhttp:// www. nrcys. ou. edu/ NRCYD/ Conferences/ NP2A_ 04/ np04_ home. html
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an I Play, Too?; April 15 - 16, 2004; UCP Community Service Center, Pittsburgh, PA; UCP Kids sponsored free workshop to empower families and communities to include children of ALL abilities in recreational activities; speakers include Melva Gooden- Ledbetter, Dr. Al Condeluci, Kristen Burke, Mary Ann McGuirk, Dori Ortman, Carmen Anderson, Kimberly Boyd, and Dr. Suneet Sahgal; full brochure and information available at http:// www. ucppittsburgh. org, or contact Kristen Burke at kburke@ ucppittsburgh. org
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oices Not Bodies: The Third Annual Candlelight Vigil for Eating Disorders Awareness; April 17, 2004; Capitol Reflecting Pool, National Mall, Washington, DC; event is sponsored by the National Association of Anorexia Nervosa and Associated Disorders; vigil will take place in two parts: 4pm- 7pm: information tables, memorial exhibit, and stage with presentations; 7pm- 9pm: music, speakers, and candle lighting ceremony; for more information, contact Millie Plotkin at 301- 980- 6982, by e- mail at voicesnotbodies@ yahoo. com, or on the web at http:// www. voicesnotbodies. org
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hio Wheelchair Games; May 14, 2004; Ohio State University, Columbus OH; Ohio Wheelchair Sports Association wheelchair competition in field events, shooting, swimming, archery, track, and weightlifting, all wheelchair athletes welcome; information from Heidi Keller, 614- 688- 3693, or at the Games web site, http:// ohwcsports. org/ OhioWheelchairGames. htm
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ashion Show and Tea; May 16, 2004; West Shore Country Club, Camp Hill, PA; to benefit UCP Central PA; more info at http:// www. ucpcentralpa. org
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arrisburg Senators Sports Memorabilia Auction; June 2004 ( final date to be determined); City Island, Harrisburg, PA; to benefit UCP Central PA; more info at http:// www. ucpcentralpa. org
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ighting for America’s Mental Health: National Mental Health Association Annual Conference 2004; June 9- 12, 2004; Hyatt Regency Capitol Hill, Washington, DC; NMHA affiliates, government executives, advocates, researcher and practitioners influential in educating the public, improving services, and removing stigma in communities across the nation will attend this meeting; meeting also attracts consumers who lead self- help and community- based organizations, state and federal policymakers that are looking for innovative programs to replicate, and mental health professionals that directly serve people who have mental disorders; more information at 800- 969- NMHA, or on the web at http:// www. nmha. org/ annualconference/ index. cfm
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mpowering, Reaching, Achieving: National Down Syndrome Society National Conference; July 22- 25, 2004; JW Marriott Hotel, Washington, DC; the National Down Syndrome Society’s National Conference is the country’s premier conference on Down syndrome; the 2004 conference, “ Empowering, Reaching, Achieving,” will bring together parents, family members, professionals, and teens and adults with Down syndrome from across the country for education, networking and celebration; this year’s conference is also the commemoration of the 25th Anniversary of NDSS; for more information, call 800- 317- 7554 or visit http:// www. ndss. org ADA News No. 121 - 28- March 18, 2004
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ational Leadership Conference for Youth with Disabilities; July 24- 27, 2004; Washington, DC; conference goals include helping prepare the next generation of disability leaders and identifying ways to improve policies and supports for young people with disabilities; youth participants will have exciting opportunities to learn from national disability leaders, public officials, and other young leaders with disabilities from all over the country; for more information on the NYLN Conference, visit http:// www. nyln. org/ apply/ 2004conference. html
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RK Golf Tournament; August 2, 2004; Country Club of Harrisburg, PA; to benefit UCP Central PA; more info at http:// www. ucpcentralpa. org
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rd Annual Sand Volleyball Tournament; Sunday, August 8, 2004, 8: 00 AM; Beach 6, Presque Isle, PA; sponsored by MECA UCP; levels of tournament play will be Power 2s, intermediate 6s and recreational 6s; prizes will be awarded to winning teams; call Nancy at 836- 9113, ext. 223 with any questions
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orld of Possibilities Disabilities Expo; October 22- 24, 2004; Dulles Expo and Conference Center, Chantilly, VA; sponsored by Caring Communities, Inc., premier consumer exposition which is free to the public, is dedicated to improving the lives of children and adults with disabilities, their families and caregivers, as well as health care and education professionals; for more information, contact Mona Freedman at 866- 227- 4644 or via e- mail at caringcommunities@ adelphia. net, or visit the Caring Communities web site at http:// expo. caringcommunities. org
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ational Rural Women’s Health Conference: Linking Mental, Behavioral, and Physical Health; October 28- 30, 2004; Hershey, PA; an informational and learning resource for practitioners and researchers dedicated to improving rural women’s health; contact information smu10@ outreach. psu. edu or on the web at http:// ruralwomenshealth. psu. edu
AROUND THE WORLD - Capetown Researcher: " Disability is an issue for all of us" by Leslie Swartz is a moving and informative article with lessons for us all about the universality of the disability experience. Http:// www. disabilityworld. org/ 11- 12_ 03/ news/ disability. shtml.
U. S. SETTLES WITH NORTHWEST AIRLINES - The U. S. Transportation Department announced a $ 225,000 settlement with Northwest Airlines March 9th over the airline’s treatment of passengers with disabilities. The Department remitted most of the money to Northwest to pay for improvements in access for passengers with disabilities. The order found that the airline failed to provide places inside its planes for passengers to stow folding wheelchairs. A Transportation Department statement said the airline will use $ 205,000 of its penalty to install closets on 27 jetliners large enough to fit a standard- size folding wheelchair. The Transportation Department has assessed penalties against several other airlines for violating the Air Carrier Access Act.
RESOURCES - Some disability/ employment- related resource material recently added to the catalogue. Publications from the Equal Employment Opportunity Commission ( EEOC) can be ordered at http:// www. eeoc. gov/ publications. html, or by calling 1- 800- 514- 0301( V) or 1- 800- 514- 0383( TTY).
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he February edition of OVeRVIEW, the monthly magazine of the Office of Vocational Rehabilitation, features information about the OVR’s annual statewide public meetings scheduled from March 29 - April 9, 2004. ( This edition is presently available in text only.) Http:// www. dli. state. pa. us/ landi/ lib/ landi/ pdf/ ovr/ overview2- 17- 04. txt
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he February edition of the National Council on Disability Monthly Bulletin is available online at http:// www. ncd. gov/ newsroom/ bulletins/ b0204. html. Included are articles about new ADAAG Guidelines, NCD participation in the Emergin Workforce Conference, and two NCD request for proposals ( RFPs).
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icket to Work: A New Social Security Program - The Ticket to Work and Self- Sufficiency program is Federal legislation signed into law on Dec. 17, 1999 under the Ticket to Work and Work Incentives Improvement Act. It is a nationwide initiative designed to bring positive changes to those individuals receiving Social Security Disability cash benefits. The legislation is aimed at reducing the barriers to employment for people with disabilities by placing an increased emphasis on work incentives, and a larger choice in finding the services needed to go to work or to earn more money. The goal of the program is to help the individual with a disability to earn enough money so he or she will not need to rely on Social Security cash benefits. Visit the new State Department of Labor and Industry Ticket to Work web site at http:// www. dli. state. pa. us/ landi/ cwp/ view. asp? a= 128& q= 207455.
2002 National Transportation Availability and Use Survey
- Almost any activity that people engage in outside the home – working, managing personal business, socializing – relies on access to transportation of some kind. And many factors, from sidewalk design to the width of the airplane aisles, affect peoples’ access to transportation. Years of gathering data and conducting research have focused on identifying the transportation habits and needs of America’s general population, but until now, no national data has allowed for analyses of the specific transportation habits and needs of people with disabilities, nor provided for contrasts to the non- disabled population. Faced with a wide spectrum of transportation demands, planners and policy makers need this kind of information in order to determine where transportation investments should be made. The
Bureau of Transportation Statistics ( BTS), an operating administration within the U. S. Department of Transportation, set out to fill this data gap by developing and conducting the 2002 National Transportation Availability and Use Survey. Now see it online at http:// www. bts. gov/ publications/ freedom_ to_ travel.
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he U. S. Equal Employment Opportunity Commission ( EEOC) has released enforcement and litigation statistics for Fiscal Year 2003, covering October 2002 through September 2003. The new data which include charge filings, lawsuits, resolutions, and monetary benefits are available on the agency’s web site at http:// www. eeoc. gov.
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he U. S. Department of Justice has posted status reports for enforcement activities engaged in by the Department for the period April- June 2003 and July- September 2003 on its web site. The documents, titled Enforcing the ADA: A Status Report from the Department of Justice, can be viewed at http:// www. usdoj. gov/ crt/ ada/ statrpt. htm
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ntroduction to the Recreation Rule - In September 2002, the U. S. Access Board issued the final rule for accessibility guidelines for recreation facilities for inclusion in the ADA Accessibility Guidelines. The new recreation rule covers amusement rides, boating, fishing, golf, miniature golf, sports facilities and swimming pools. Join Peggy Greenwell and Bill Botten of the U. S. Access Board online as they highlight the major provisions of the newly released Accessibility Guidelines for Recreation Facilities. This program is moderated by the National Center on Accessibility and funded in part by the National Center on Physical Activity and Disability and the National Park Service. Real Player is required to access this streaming video program. To access the presentation, visit the National Center on Accessibility at http:// www. ncaonline. org/ distancelearning/ rec- rule/ index. shtml.
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QUITY, a new e- newsletter published by the World Institute on Disability, is available free. EQUITY presents valuable information about disability issues and asset building strategies through new articles from leaders in the field, program administrators and actual participants with disabilities that challenge us to narrow the divide, mutually benefitting both communities. EQUITY is available on- line at http:// www. wid. org/ equity. Check the WID website monthly for new editions and to subscribe to the newsletter.
ACCESSIBLE AMERICA AWARD - Phoenix, Arizona will accept the top prize in the third annual Accessible America Contest during a Town Hall meeting on March 30th, the National Organization on Disability ( NOD) has announced. Phoenix surpassed 63 other American cities whose mayors or chief elected officials submitted contest applications. The state capital and largest city in Arizona is being heralded as a model for its focus on disability issues and its successful design of programs, services and facilities that are accessible for citizens and visitors who have disabilities. According to the U. S. Census, more than 17 percent of the city’s 1.3 million residents have some type of disability. The Accessible America Contest, administered by NOD’s Community Partnership Program, is sponsored by a generous grant from UPS. The winning city receives a cash award of $ 25,000 to recognize and encourage comprehensive disability accessibility and opportunity.
NEW FREEDOM INITIATIVE AWARD NOMINEES SOUGHT - The U. S. Office of Disability Employment Policy ( ODEP) invites nominations for the Secretary of Labor’s 2004 New Freedom Initiative Award. Established in 2002, this award recognizes businesses, organizations and individuals who have demonstrated exemplary and innovative efforts in furthering the employment objectives of President Bush’s New Freedom Initiative. Eligibility criteria and the nomination process can be accessed at http:// www. dol. gov/ odep/ newfreedom/ nfi_ fr. htm, or by calling the Office of Disability Employment Policy ( ODEP), Education and Outreach Section, at ( 202) 693- 7880. The deadline for receipt of nominations is May 21, 2004.
SAN FRANCISCO LIFTS BAN ON SEGWAY - The City of San Francisco passed legislation in 2002 making it illegal to operate a Segway HT on city sidewalks, much to the distress of some persons with mobility disorders who use the device to get around. On February 25, 2004, the city announced an about face. Susan Mizner, Acting Director of the Mayor’s Office on Disability, stated that “ the City and County of San Francisco would absolutely allow people with mobility impairments to use Segways as mobility devices on the sidewalks and streets of San Francisco. This would be a reasonable modification of the existing City ordinance, in compliance with Title II of the Americans with Disabilities Act.” Those who have avoided visiting San Francisco due to the daunting prospects of tackling the topography in a wheelchair may now pack up their Segway and enjoy one of the world’s most beautiful cities. “ We’re pleased that the Segway will enable more people with disabilities to visit and enjoy our City,” added Mizner.
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" News Reviews to Peruse"
Number 122 April 2004
Items regarding disabilities, disabilities law and the Americans with Disabilities Act which may be of interest to you. Please share this information with colleagues, supervisors and subordinates. This is a free publication available in electronic and printed format to anyone who is interested. Subscription requests, comments, contributions or questions, including requests for accommodations needed to receive or apprehend this publication, should be addressed to Patrick H. Bair ( Ed.) ( pbair@ state. pa. us). The views and opinions expressed herein are solely those of the editor, except where noted, and do not represent the views of the Office of Chief Counsel or the Department of Environmental Protection. Current and recent issues can be found online at http:// www. dep. state. pa. us/ dep/ deputate/ ChiefCounsel/ ADA/ adanews_ index_ 2001. htm. All past issues of this publication are archived at http:// intradep/ ChiefCounsel/ ADANews/ adanews_ index. htm on the DEP internal website.
THREATS OF RETALIATION ARE ILLEGAL - The federal district court in Philadelphia has ruled that Allstate Insurance Company unlawfully retaliated against approximately 6,200 of its employees by requiring them to give up their workplace discrimination claims in order to continue to work as agents with the insurance giant. The EEOC’s lawsuit charged Allstate with violating the non- retaliation requirements of several federal laws prohibiting employment discrimination, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 ( ADEA), and the ADA.
DISABILITIES WEBSITE OF THE MONTH - The American Foundation for the Blind ( AFB) relaunched its web site this month, adding new information and resources for the 10 million Americans who are blind or have low vision. All of the site’s content is either new or updated to reflect the growing demand for current and reliable information for a population that is expected to grow dramatically as the baby boomers age. The AFB — the organization to which Helen Keller devoted much of her life — is a national nonprofit whose mission is to ensure that Americans who are blind or visually impaired enjoy the same rights and opportunities as other citizens. The AFB promotes wide- ranging, systemic change by addressing critical issues facing the growing blind and visually impaired population— employment, independent living, literacy, and technology. Http:// www. afb. org SEVER ASTHMA SUFFERER’S CLAIM REINSTATED - The U. S. Court of Appeals for the Tenth Circuit ( WY, UT, CO, NM, KS, OK) has held that an employee suffering from severe asthma had produced enough evidence to raise a genuine issue of material fact as to whether she has a disability and reversed a district court’s grant of summary judgment for the employer. The employee, a supermarket cashier, suffers from serious asthma. Exposure to a number of different materials can trigger an asthma attack and render her completely unable to function. The cashier requested reassignment to another position because she believed her asthma was getting worse as a result of exposure to certain materials. The employer placed her in customer service for several weeks, but then informed her that there were no more hours available for her in customer service. She sued, arguing that the employer had violated the ADA in failing to accommodate her disability. The district court found that the cashier had not presented sufficient evidence to show that her asthma substantially limited the major life activity of breathing because she had not shown that “ she was unable to perform the variety of tasks required to be performed in most people’s daily lives.” On appeal, the Appellate Court reversed, holding that the district court had misapplied the U. S. Supreme Court’s holding in Toyota Motor Mfg. v. Williams, 534 U. S. 184 ( 2002). Toyota did not holdthat all people claiming a disability had to show that they could not perform the variety of tasks required in most people’s daily lives. Instead, that requirement in Toyota had been specific to the issue of whether a plaintiff could make a showing of being disabled in the major life activity of working. Because the cashier was arguing that she was disabled in the major life activity of breathing, not working, that portion of the Toyota test did not apply. The Court found that she had shown sufficient evidence to raise a genuine dispute of material fact as to whether she was significantly restricted in the ability to breathe freely and reversed the district court’s grant of summary judgment for the employer. Albert v. Smith’s Food and Drug Centers, Inc., CA10, No. 02- 2052, 1/ 29/ 04 ( http:// www. kscourts. org/ ca10/ cases/ 2004/ 01/ 02- 2052. htm).
DISABILITY COALITION SUES BLOCKBUSTER - A Denver disability rights group is suing the Blockbuster Video chain, alleging that the video- rental business is violating federal laws by not making its Colorado stores wheelchair- friendly. The suit, filed in Denver federal court this month by the Colorado Cross Disability Coalition, says video outlets designed and constructed after passage of the ADA in the early 1990s are not accessible to wheelchairs. It further alleges that renovations to older Colorado stores also hampered access to wheelchair patrons.
AREA CALENDAR -
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trategies and Tactics for Ability: Taking the “ Dis” Out of Disability; 9- 11: 30 a. m., April 22, 2004; The George Washington University, Marvin Center, Room 308, 800 21st Street NW, Washington, D. C.; Dr. Joseph Mancusi, inspirational speaker and disability supporter, will discuss how to overcome challenges that prevent success at the District of Columbia Business Leadership Network’s ( DCBLN) quarterly training session, hosted by The George Washington University; presentation is free and open to the public; RSVP Cynthia Richardson- Crooks at ( 202) 994- 9656.
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A Pedalcycle & Pedestrian Advisory Committee Meeting; 1- 3: 00 PM, Thursday, April 22, 2004; Executive Conference Room 8N1, Commonwealth Keystone Building, 400 North Street, Harrisburg, Pennsylvania; meeting is open to the public.
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0th Institute on Rehabilitation Issues; May 3- 4, 2004; Key Bridge Marriott, Arlington, VA; presented by the U. S. Department of Education, Rehabilitation Services Administration in cooperation with The Council of State Administration of Vocational Rehabilitation, The National Organization of Rehabilitation Partners, and The George Washington University Center for Rehabilitation Counseling Research and Education; for more information, contact Fran Butler at 202- 973- 1550, 202- 775- 0053 ( Fax) or 202- 973- 1544 ( TTY), by e- mail to fbutler@ gwu. edu, or on the GWU web page at http:// www. gwu. edu/~ crcre.
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004 Charity Golf Event to benefit United Cerebral Palsy; Friday, June 25, 2004; Latrobe Country Club; benefit UCP Disabilities Foundation of Western PA, Inc.; individual golfer - $ 125, sponsorship levels, donations, and advertisements also available; call UCP of Western PA at 724- 832- 8272 or email driordan@ ucpwpa. org for details. CIRCUIT DENIES ADA PLAINTIFF DAMAGES AND JURY TRIAL - The U. S. Court of Appeals for the Seventh Circuit ( WI, IL, IN) denied a fired loan company manager’s claim of retaliatory discharge under the ADA, finding that compensatory and punitive damages are not available as a remedy for a retaliation claim against an employer under the ADA. Without the right to recover compensatory and punitive damages, the Court additionally found, the ADA plaintiff, who has multiple sclerosis, had no statutory or constitutional right to a jury trial. Kramer V. Banc of America Securities, LLC, CA7, No. 02- 3662, 01/ 20/ 04 ( http:// www. ca7. uscourts. gov/ op3. fwx? submit1= showop& caseno= 02- 3662. PDF).
AROUND THE WORLD - “ Spotlight: Gerard Quinn and the UN Working Group on a Disability Convention by Michele Morgan: A first- rate team of legal minds represented Rehabilitation International at the UN Working Group meeting where they played an active role in the important negotiations among governments and disability organizations working to hammer out a draft disability convention text.” Http:// www. disabilityworld. org/ 01- 03_ 04/ news/ unworkinggroup. shtml. ( A Disability World bonus: A 10- year- old movie critic discusses why Finding Nemo is a great disability movie! - http:// www. disabilityworld. org/ 01- 03_ 04/ arts/ nemo. shtml).
INTERNSHIP OPPORTUNITY - The Washington Center for Internships and Academic Seminars in conjunction with the American Association of People with Disabilities has introduced a new initiative to help increase employment for students with disabilities. Through a partnership with the U. S. Department of Labor’s Office of Disability Employment Policy, The Washington Center is working to help students with disabilities develop leadership skills and gain valuable work experience in public service. For more information about the scholarship program and eligibility requirements, interested persons should contact JT Taransky, AAPD/ TWC Internship Logistics Coordinator, Phone/ TTY: ( 800) 840- 8844, Ext. 22, Fax: 202- 336 7609, e- mail: jennyt@ twc. edu, or visit the Center’s website at http:// www. twc. edu/ diversityingovernment. htm. Deadline for applications is June 14th.
ARKANSAS ORDERED TO MAKE SOFTWARE ACCESSIBLE TO BLIND WORKERS - A judge has ordered the state of Arkansas to make its computer information system accessible to blind state workers. Pulaski County Circuit Judge Collins Kilgore gave the state until July 1st to make the necessary changes. The ruling came in a lawsuit by two blind state employees filed in 2001. The employees complained that the Arkansas Administrative Statewide Information System, or “ AASIS,” lacked a synthesized speech or Braille program. Without the special software, blind workers were unable to access accounting, budgeting and employee time card systems. Blind employees Donna Hartzell and Larry Wayland sought only software upgrades in their lawsuit. The state, in turn, is suing German software developer SAP, contending the company did not fulfill its contract to develop the programs.
CAMERAS TO HELP ENFORCE NH PARKING LAW - A picture is now a powerful thing for New Hampshire residents with disabilities. A new law that went into effect in January allows people with disabilities to snap pictures of cars parked illegally in handicap spaces and submit the photos, along with a sworn statement, to the local police. The police then track down the driver and issue a ticket. Although it’s long been illegal to park in designated handicapped spaces without a special license plate or permit, enforcing the law has been difficult. Often the illegally parked car has moved by the time the police arrive or the person with a disability has found an accessible space elsewhere. The new rule is one of three major changes to the state’s parking laws passed last year. In addition to permitting the photos, fines for parking illegally in as accessible space went up to $ 250. Also, it is now illegal to park in the buffer area between accessible spaces. That space is usually marked with yellow crosshatches and is meant for loading and unloading wheelchairs. While the spaces are not meant for parking, the old laws never made it clear it was illegal to park there. Most states levy fines for parking illegally in a handicap space, but New Hampshire is the first state in the union to use photos to help enforce the laws. “ I’m going to spread the idea across the countryside,” said Mike Dugan, president of the National Multiple Sclerosis Society, who was visiting the state this week. “ I think it’s worth emulating.”
RESOURCES - Some disability/ employment- related resource material recently added to the catalogue. Publications from the Equal Employment Opportunity Commission ( EEOC) can be ordered at http:// www. eeoc. gov/ publications. html, or by calling 1- 800- 514- 0301( V) or 1- 800- 514- 0383( TTY).
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he March edition of OVeRVIEW, the monthly magazine of the Office of Vocational Rehabilitation, features an article about the Third Annual Braille Literacy Celebration.
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he March edition of the National Council on Disability Monthly Bulletin is available online at http:// www. ncd. gov/ newsroom/ bulletins/ 2004/ b0304. htm. Included are updates on the New Freedom Initiative, legislation and the UN Convention. THE VOICE
, ( Volume Ten, Issue One), a periodical from UCP Pittsburgh, is available on line at
http:// www. ucp. org/ ucp_ localdoc. cfm/ 136/ 9500/ 9500/ 9500- 9500/ 5371.
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ttention election officials or anyone involved in designating or setting up polling places! The U. S. Department of Justice has recently published the ADA Checklist for Polling Places, an easy- to- follow checklist designed to help voting officials determine whether a polling place has basic accessible features needed by most voters with disabilities. The checklist may be used when evaluating the accessibility of potential new polling places and when identifying physical barriers in existing polling places before temporary or permanent modifications are made to improve accessibility for elections. The DOJ checklist is available at http:// www. ada. gov/ votingchecklist. htm. Also, check out the “ Political Participation” pages of the National Organization on Disability at http:// www. nod. org/ political/ index. cfm.
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olume 2, Issue 5 of the Job Accommodation Network’s Consultant’s Corner discusses issues of on- the- job and job- related stress at http:// www. jan. wvu. edu/ corner.
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he April 2004 edition of Washington Watch, a publication of The Arc and United Cerebral Palsy, is available on line at http:// www. ucp. org/ ucp_ generalsub. cfm/ 1/ 8/ 33/ 12109- 12189. Washington Watch provides in depth news and analysis on disability policy from Washington.
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he Centers for Disease Control maintains a comprehensive website with information, resources, statistics and educational materials about the prevention and treatment of diabetes at http:// www. cdc. gov/ diabetes.
ADA In Focus
- The Spring/ Summer 2004 issue of the quarterly magazine of the ADA Information Center for the Mid- Atlantic Region is available at
http:// www. adainfo. org/ development/ spring04. html. In this issue are articles about voting access and conducting investigations under the ADA. LOGICAL LASTING LAUNCHES: Design Guidance for Canoe and Kayak Launches
- Any State Park officer will tell you that one of the knottiest problems of accessibility they face is how to make boating services available to persons with disabilities. This new publication from the
National Park Service offers guidance in designing canoe and kayak launches for a variety of access sites. Descriptions, designs, and photos of launches are grouped into eleven chapters, according to type, with focus on the point of entry onto the water. http:// www. nps. gov/ ncrc/ programs/ rtca/ helpfultools/ launchguide. pdf
COURT: COMPANIONS OF DISABLED ALSO COVERED BY ADA - The U. S. Court of Appeals for the Ninth Circuit ( WA, OR, ID, CA, NV, AZ, AK, HI, GU) upheld a ruling this month against a Southern California movie theater that refused to guarantee seating for the companions of disabled patrons during sold- out screenings. A three- judge panel said that American Multi- Cinema Incorporated may have discriminated against a quadriplegic who couldn’t attend a showing of the movie “ Chicken Run” after a theater management refused to force a non- disabled patron to vacate a seat reserved for the companions of people in wheelchairs. The ADA “ requires that AMC take steps to remove from a companion seat any person who is not the companion of a wheelchair- bound patron and who refuses to vacate that seat despite being asked to do so,” Judge Kim McLane Wardlaw wrote for the panel. Fortyune v. American Multi- Cinema, Inc., CA9, No. 02- 57013, 4/ 14/ 04 ( http:// www. ca9. uscourts. gov/ ca9/ newopinions. nsf/ CE3CE0894F9B1A5288256E7500771FD0/$ file/ 0257013. pdf? openelement)
REMOVAL EQUALS IMMUNITY WAIVER - The U. S. Court of Appeals for the Ninth Circuit issued an opinion last month finding that California had waived its 11th Amendment immunity by seeking and having an ADA case removed from state to federal court. The decision cited a U. S. Supreme Court decision in an 11th Circuit case, stating “ The Court reasoned that it was inconsistent for the state to invoke federal jurisdiction by removal, thereby contending that the judicial power of the United States extended to the case, yet claim that jurisdiction did not extend to the case because of the Eleventh Amendment.” The Ninth Circuit joins the Federal and Tenth Circuits in holding that removal constitutes a waiver of immunity. Embury v. King, CA9, No. 02- 15030, 3/ 16/ 04 ( http:// caselaw. lp. findlaw. com/ data2/ circs/ 9th/ 0215030p. pdf). CVS PAYS FINE TO SETTLE DISABILITY LAW ALLEGATIONS - Drugstore chain CVS will pay $ 200,000 to settle allegations it violated a previous agreement to keep aisles clear for customers, according to Massachusetts Attorney General Thomas F. Reilly’s office. Reilly’s office said that site visits conducted in 27 Massachusetts CVS stores revealed 61 instances of the company failing to adhere to a 2001 agreement with the state, and only five of the 27 stores in complete compliance. Violations included displays and deliveries left in aisles and a failure to conduct self- audits and retrain managers found out of compliance. The ADA and Massachusetts law require stores like CVS to maintain 3- foot- wide aisles and turning radiuses to accommodate customers in wheelchairs. The agreement calls for CVS to pay $ 200,000 and up to $ 50,000 for future violations. CVS also agreed to develop and distribute new policies to ensure aisle widths are maintained and employees are made aware of the rules.
RIDERS PLAN SUIT AGAINST METRO - A dozen residents from across the Washington, DC region planned to file a class- action lawsuit in federal court this month against Metro, saying its van service for commuters with disabilities is so poor that it endangers their lives and violates federal law. “ It’s dreadful,” said Marc Fiedler, co- founder of the Disability Rights Council of Washington, which has collected complaints from MetroAccess riders for several years. “ The dream of having accessible, reliable, transportation has turned into a nightmare for many of these individuals. … Riders of this system are experiencing persistent, pervasive, abominable service.” Since 1990, the federal government has required Metro and other public transit agencies to provide comparable service to people who cannot ride a subway or conventional bus system due to a disability. About 12,000 people are registered to use MetroAccess, which has a long record of problems. The lawsuit alleges that MetroAccess vans often are late, appearing hours after they were expected, or fail to show up at all, and that the service takes too long to transport passengers, that the telephone reservation service is staffed by rude operators who do not answer calls, place calls on hold for long periods or hang up, the complaint says. Managers do not give accurate information about the location of assigned vehicles and do not respond to complaints, it says. Some drivers do not know how to secure wheelchairs and scooters inside MetroAccess vans, operate dangerously and falsely accuse passengers of not showing up for trips, a transgression that can cause a rider to be suspended from the service, the complaint says The lawsuit comes at a time when Metro is trying to spend less on paratransit service. The cost of providing MetroAccess increased 40 percent in the last year to about $ 40 million. MetroAccess is heavily subsidized by taxpayers. Riders pay $ 2.40 a ride, no matter the distance; but the actual cost is about $ 35 a trip, with taxpayers paying the difference.
WASHINGTON PASSES RESPECTFUL LANGUAGE LAW - On March 11th, the Washington state Senate voted 48- 0 to pass HB 2663, the “ Respectful Language Bill.” The measure requires authors of new Washington State laws and agency rules to use “ people first” language when writing about people who have disabilities. “ People first” language is a way of describing someone which puts the person ahead of his or her label. Using “ people first” language, for example, an individual is described as “ a person with a disability” rather than “ a disabled person” or “ the disabled.” The new law does not change language currently in the Washington Administrative Code, but would apply when new laws are added or the old laws are revised. The state House of Representatives voted 95- 0 in support of the measure on February 12th. The law signals a victory for disability rights advocates, dozens of whom personally lobbied for its passage. Some felt the new language was needed to reflect changes in how society views people with disabilities. CALIFORNIA NATURE TRAIL IS OPEN FOR WHEELCHAIRS - Ruth Caswell Jorgensen has loved Caswell Memorial State Park’s oak riparian forest all her life. Now, a new trail that is easier for people with disabilities to travel will let more people share her love. “ I think it’s very good,” the octogenarian said after slowly walking the new trail. “ It makes it accessible to people in wheelchairs.” The Riverlands Nature Trail northwest of Modesto in San Joaquin County starts at the picnic area and runs three- quarters of a mile. The area includes restrooms and a picnic table that can accommodate people in wheelchairs. The easy walk takes visitors to an oxbow bend where the Stanislaus River rerouted itself after the 1997 New Year’s flooding. Caswell ranger Terri Jensen pointed out native habitat springing up at the oxbow area, making it popular with golden beavers, kingfishers and river otters. “ We’re seeing a snapshot of evolution,” she said. To make an existing trail conform to ADA standards, improvements were made: three wooden bridges, grading and decomposed granite on the pathway. The trail is user- friendly for conventional wheelchairs, and the park has two wheelchairs with off- road tires available to lend to visitors who need them. Curtis Climer, a state park trails coordinator, directed the work on the trail. Assisting him were crews from the California Youth Authority from Stockton and Cliff Bailey of Turlock, who built a small wooden bridge as an Eagle Scout project. Costs were kept down, thanks to 240 hours of volunteer labor, Jensen said. Caswell Jorgensen’s grandfather, Thomas Caswell, in 1915 purchased a 640- acre ranch along the Stanislaus River that included about 200 acres of dense oaks. Thickets of native shrubs, grapevines and flowers surrounded the trees. Jensen said Thomas Caswell donated the oak forest to the state in 1950 and the park opened in 1958. “ Until you’ve been here, you don’t realize how beautiful it is,” Thomsen said.
COMING UP IN MAY - Like May flowers, a whole host of observances blossoming next month: National Physical Fitness Month, National Mental Health Awareness Month, Healthy Vision Month, Asthma and Allergy Awareness Month, Correct Posture Month, Better Sleep Month, Better Hearing and Speech Month, Breathe Easy Month, Hepatitis Awareness Month, Huntington’s Disease Awareness Month, National Arthritis Month, National Digestive Diseases Awareness Month, National High Blood Pressure Education Month, National Melanoma/ Skin Cancer Detection and Prevention Month, National Neurofibromatosis Month, Lyme Disease Awareness Month, National Stroke Awareness Month, National Sight- Saving Month: Ultraviolet Awareness Month, National Trauma Awareness Month, Tuberous Sclerosis Awareness Month; May 2- 8 is Children’s Mental Health Week, May 4- 10 is National Suicide Awareness Week; May 5- 10 is National Mental Health Counseling Week, May 10- 16 is Food Allergy Awareness Week, May 11- 17 is National Running and Fitness Week, May 12- 18 is National Alcohol and Other Drug- Related Birth Defects Week, May 9- 15 is National Osteoporosis Prevention Week, May 12- 18 is National Stuttering Awareness Week; May 4th is Childhood Depression Awareness Day, May 5th is National Anxiety Disorders Screening Day, May 12th is International Chronic Fatigue Syndrome Awareness Day, May 24 is National Schizophrenia Awareness Day and May 31st is http:// www. lungusa. org/ rsltWorld No- Tobacco Day.
ADA News No. 122 - 42- April 19, 2004
ADA News No. 123 - 43- May 19, 2004
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" News Reviews to Peruse"
Number 123 May 2004
Items regarding disabilities, disabilities law and the Americans with Disabilities Act which may be of interest to you. Please share this information with colleagues, supervisors and subordinates. This is a free publication available in electronic and printed format to anyone who is interested. Subscription requests, comments, contributions or questions, including requests for accommodations needed to receive or apprehend this publication, should be addressed to Patrick H. Bair ( Ed.) ( pbair@ state. pa. us). The views and opinions expressed herein are solely those of the editor, except where noted, and do not represent the views of the Office of Chief Counsel or the Department of Environmental Protection. Current and recent issues can be found online at http:// www. dep. state. pa. us/ dep/ deputate/ ChiefCounsel/ ADA/ adanews_ index_ 2001. htm. All past issues of this publication are archived at http:// intradep/ ChiefCounsel/ ADANews/ adanews_ index. htm on the DEP internal website.
SUPREME COURT REVERSES TREND, AFFIRMS LANE - States can be forced to pay financial damages for failing to make courthouses accessible to citizens with disabilities, the U. S. Supreme Court ruled May 17th. The narrow 5- 4 ruling for two paraplegics who sought wheelchair access to courthouses in Tennessee said the U. S. Constitution does ADA News No. 123 - 44- May 19, 2004
not protect states from such lawsuits under the ADA. The Court found that, as it applies to the class of cases implicating the fundamental right of access to the courts, Title II of the Act constitutes a valid exercise of Congress’ authority under section 5 of the Fourteenth Amendment to enforce that Amendment’s substantive guarantees. The Court found that the ADA was an unequivocal expression of Congress’ intent to abrogate States’ Eleventh Amendment immunity. And, that in enacting the ADA Congress, was acting to enforce fundamental constitutional guarantees, making specific findings in its investigation that there existed a history of persons with disabilities being prevented from access to state courthouses because of their disabilities. “ Congress enacted Title II against a backdrop of pervasive unequal treatment in the administration of state services and programs, including systematic deprivations of fundamental rights,” Justice John Paul Stevens wrote for the divided Court. “ Ordinary considerations of cost and convenience alone cannot justify a state’s failure to provide individuals with a meaningful right of access to the courts.” The decision reversed the Court’s recent trend of expanding states’ rights. The Supreme Court ruled three years ago in Garrett, et al. v. Board of Trustees, University of Alabama at Birmingham that states are protected from claims for monetary relief in job- discrimination Title I lawsuits under the ADA. That was one of a series of 5- 4 rulings that have protected states from claims of age bias, patent infringement and unfair trade practices. Still, the Court ruled last year that state employees can sue over violations of the FMLA. The majority appeared to limit its ruling to the fairly narrow sphere of courthouses and court services, but the rationale could be used to allow private suits on other grounds. Voting to allow suits over courthouse access were Justices Stevens and David H. Souter, Ruth Bader Ginsburg, Stephen G. Breyer and Justice Sandra Day O’Connor, departing from the conservative majority that had decided many of the earlier cases. Dissenting were Chief Justice William H. Rehnquist and Justices Anthony M. Kennedy, Clarence Thomas and Antonin Scalia. “ Congress utterly failed to identify any evidence that disabled persons were denied constitutionally protected access to judicial proceedings,” Chief Justice Rehnquist wrote in dissent, articulating a fundamental disagreement with the majority justices. Justice Scalia said the ruling will open the door to more lawsuits and allows judges to act like legislators. “ It is past time to draw a line limiting the uncontrolled spread of a well- intentioned textual distortion,” wrote Scalia in a separate dissent.
The lead case involved George Lane, who uses a wheelchair. Charged with traffic offenses and drug possession and summoned in September 1996 to the Polk County Courthouse in Benton, Tennessee for arraignment, he was unable to attend because the courthouse had no elevator and all proceedings were held in a second floor courtroom. Lane says he crawled up the stairs to appear in court. The following month Lane arrived at the courthouse for a hearing but refused to crawl up the stairs or let court personnel carry him. On the judge’s order, Lane was arrested and jailed for failure to appear in court. In later proceedings, Lane stayed downstairs while his lawyer went to the courtroom, and one hearing was conducted in a ground- floor library. Court sessions then were delayed until an elevator was built, and he pleaded guilty to driving with a revoked license. Lane’s lawsuit sought equitable relief and as much as $ 100,000 in damages. In the companion case, Beverly Jones, a certified court reporter who also uses a wheelchair, said inaccessible courthouses in many Tennessee counties harmed her ability to attract clients. She and Lane sued the state and 25 counties in 1998. Jones sought up to $ 250,000 for embarrassment and lost income. The Supreme Court’s ruling upheld a decision by the Cincinnati- based U. S. Court of Appeals for the Sixth Circuit ( MI, OH, KY, TN) that said the two could sue to “ vindicate their right of access to the courts in Tennessee.” The Circuit Court, which had interpreted Garrett as barring private ADA suits against states based on equal protection principles, but not under due process principles, had affirmed the trial court’s denial of Tennessee’s motion to dismiss the cases. “ Today’s decision is a huge win at a critical time for millions of Americans with disabilities,” said Ira Burnim, legal director at the Bazelon Center for Mental Health Law in Washington. It “ narrowly rejected a radical reinterpretation of states rights that would have robbed millions of a vital means of protecting their civil rights.” Tennessee v. Lane, USSCt, No. 02- 1667, 5/ 17/ 04 ( http:// a257. g. akamaitech. net/ 7/ 257/ 2422/ 17may20041215/ www. supremecourtus. gov/ opinions/ 03pdf/ 02- 1667. pdf)
NEW YORK JUDGE APPLIES TITLE II TO EMPLOYMENT - Title II, the section of the ADA that forbids discrimination by a public entity, can also be the basis for a claim of employment discrimination, a federal judge from the U. S. District Court for the Southern District of New York has ruled. Judge Shira Scheindlin ruled that a labor union has standing to assert claims of employment discrimination on behalf of its members under both Title I of the act and an expansive view of Title II. The issues arose when three labor unions ADA News No. 123 - 46- May 19, 2004
representing employees at mass transportation depots in Manhattan, Brooklyn and the Bronx filed suit claiming it was discriminatory for the Transit Authority to require employees seeking sick leave to produce documents showing a diagnosis and treatment plan, and possibly to submit to medical examinations to justify the leave. The unions filed under the part of Title I that forbids an employer from requiring a medical examination or making inquiries into whether or not a person is disabled “ unless such examination or inquiry is shown to be job- related and consistent with business necessity,” and also added a claim under Title II. In examining the viability of the Title II claim, Judge Scheindlin said that the problem is that Title II is “ susceptible to two plausible readings” and courts must turn to implementing regulations and legislative history to determine its scope. While Title II does not “ contain an extensive definition of the term ‘ discrimination,’” she inesaid, Congress delegated to the attorney general the authority to issue regulations and “ the Attorney General, in turn, has explicitly determined that Title II applies to employment discrimination.” She also found support for her conclusion in the legislative history of the Act. Transport Workers Union of America v. New York City Transit Authority, USDCt. SDNY, No. 02 Civ. 7659, 4/ 27/ 04. LACK OF DE- INSTITUTIONALIZATION PLAN QUESTIONED - A panel of judges from the U. S. Court of Appeals for the Third Circuit ( PA, NJ, DE, VI) sent a case challenging Pennsylvania’s method of discharging mentally ill patients into community settings back to a lower court last month with instructions for the court to require the state to explain what steps it is taking to deinstitutionalize people who do not need 24- hour hospital care. The lawsuit was brought in 2000 by three Norristown State Hospital patients on behalf of about 300 others who remained in the facility even though the staff had diagnosed them as being well enough to be treated elsewhere. The patients claim that their continued institutionalization violates the ADA. “ It is a gross injustice to keep these disabled persons in an institution notwithstanding the agreement of all relevant parties that they no longer require institutionalization,” Circuit Judge Dolores K. Sloviter said in her opinion. Department of Public Welfare spokeswoman Stacey Ward said state officials agree that some patients do not need to be in the hospitals, and said the state is developing plans to move more patients out. Like other states, Pennsylvania has been moving psychiatric patients out of hospitals. About 3,000 people were living in state mental hospitals in 2002, down from approximately 40,000 in the 1950s. Frederick L. v. Department of Public Welfare, CA3, No. 02- 3721, 4/ 13/ 04 ( http:// caselaw. lp. findlaw. com/ data2/ circs/ 3rd/ 023721p. pdf).
DISABILITIES WEBSITE OF THE MONTH - The Internet home of the National Center on Accessibility is our featured website this month. A collaborative program of Indiana University and the National Park Service, the National Center on Accessibility is the nation’s premiere resource promoting access for people with disabilities in recreation. Over the last decade, NCA has played a critical role in increasing awareness of inclusion of people with disabilities in parks, recreation and tourism while advancing the spirit and intent of the ADA, Rehabilitation Act and other disability legislation. NCA focuses on universal design and practical accessibility solutions creating inclusive recreation opportunities for people of all abilities. The NCA website is full of useful information, technical assistance, research and accessibility- related products, books and videos. The NCA website can be found at http:// www. ncaonline. org.
AREA CALENDAR -
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CP Charity Sports Auction 2004; May 22, 2004; Carousel Pavilion, Commerce Bank Park, City Island, Harrisburg, PA; the auction of sports- related items benefits UCP of Central Pennsylvania; auction highlight items include Harrisburg Senators jerseys and memorabilia, plus a baseball autographed by Babe Ruth, game- used bat signed by Yankees All- Star shortstop Derek Jeter, a Detroit Lions jersey signed by NFL Hall of Fame member Barry Sanders, a LeBron James autographed Cleveland Cavaliers jersey, an All- Star and Hall of Fame collection of baseballs, and over 150 other valuable items; go to the Harrisburg Senators web site at http:// www. senatorsbaseball. com/ releases/ 042304UCPAuction. htm for more information about the auction.
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CP Benefit Yard Sale; June 4 & 5, 2004; Hanover, PA; UCP of South Central PA will be holding a Yard Sale of “ nearly new” children’s items on at the UCP office in Hanover; all proceeds from the Yard Sale will benefit Child Development Group in Hanover; for information or donations, call Amy Goodman at ( 717) 632- 5552
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isabled American Veterans Drive- away Ceremony; 10: 00 - 11: 00 AM, June 25, 2004; Soldiers and Sailors Grove, Capitol, Harrisburg, PA U
CP Charity Golf Tournament; Noon, June 25, 2004; Latrobe Country Club; Benefit UCP Disabilities Foundation of Western Pa., Inc.; individual golfer registration is $ 125; call UCP of Western PA at 724- 832- 8272 or e- mail driordan@ ucpwpa. org for details
❏ Americans with Disabilities 2004 Convention; September 18, 2004; Atlantic City Convention Center, Atlantic City, New Jersey; first annual conference, sponsored by New Jersey State Council on Developmental Disabilities; more information available at http:// www. disabilitiesconvention. com/ index. htm, call the Council at ( 609) 292- 3745, or e- mail Coordinators, Carol. Tonks@ njddc. org or Luke. Kpisch@ njddc. org
EEOC SETTLES CLAIM WITH CIRQUE DU SOLEIL - The U. S. Equal Employment Opportunity Commission has announced the settlement of an employment discrimination case under the ADA against Cirque du Soleil, ( U. S.), Inc. for $ 600,000 and significant remedial relief on behalf of a performer who was fired for being HIV- positive. Montreal- based Cirque du Soleil is an international circus and entertainment troupe with 2,700 employees worldwide. In addition to the monetary payment, the negotiated settlement requires Cirque du Soleil to appoint an equal employment opportunity officer to oversee the annual training of its employees on the laws enforced by the EEOC, with an emphasis on HIV/ disability discrimination, and to post a notice in its workplace about the resolution of the case.
AROUND THE WORLD - Perspektiva is a Russian Disability NGO ( non- governmental organization) that has been changing attitudes toward people with disabilities in Russia since 1997. It focuses its efforts on improving access to education and employment for young people with disabilities with funding from USAID and the Ford Foundation, and holds a Disability Film Festival every two years. Inspired by the 2002 film festival, and with funds from the U. S. State Department and the British Human Rights Fund, Perspektiva has developed its first animated public service announcements which can also be viewed here: http:// www. disabilityworld. org/ 01- 03_ 04/ arts/ perspektiva. shtml.
MOTOR TREND MAGAZINE SPOTLIGHTS ACCESSIBILITY - Motor Trend magazine announced this month that it will feature a special advertising section entitled Promote Mobility, Celebrate Ability in the June issue of the magazine. The section was created in conjunction with ADA News No. 123 - 49- May 19, 2004
the National Organization on Disability ( NOD), and Motor Trend will donate a percentage of ad sales generated from the special advertising section to NOD. This special section represents the biggest mass- market effort to date to publicize the special mix of innovation, inspiration and customer service behind these important automotive industry achievements. More than 20 million Americans have a disability that impacts mobility and advertisers and manufacturers are now targeting this neglected audience with a renewed commitment to produce vehicles aimed at improving mobility. “ Motor Trend and the manufacturers and suppliers who are featured in this section are on the cutting edge, having recognized an important segment of the motoring public,” said NOD President Alan A. Reich. “ The advances that are detailed in this section are helping people to fully and equally participate in American life, which is NOD’s key goal.” More than 400,000 people currently drive adaptive vehicles.
RESOURCES - Some disability/ employment- related resource material recently added to the catalogue. Publications from the Equal Employment Opportunity Commission ( EEOC) can be ordered at http:// www. usdoj. gov/ crt/ ada/ publicat. htmhttp:// www. eeoc. gov/ publications. html, or by calling 1- 800- 514- 0301( V) or 1- 800- 514- 0383( TTY).
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he April edition of OVeRVIEW, the monthly magazine of the Pennsylvania Department of Labor and Industry, Office of Vocational Rehabilitation, features an article about an OVR success story - a former customer now working as a legal secretary.
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he Spring/ Summer 2004 Edition of ADA in Focus, the quarterly magazine of the ADA Information Center for the Mid- Atlantic Region, is available at http:// www. adainfo. org/ development/ spring04. html. Featured is an excellent article about ADA enforcement.
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he April edition of the National Council on Disability Monthly Bulletin is available online at http:// www. ncd. gov/ newsroom/ bulletins/ b0104. htmlhttp:// www. ncd. gov/ newsroom/ bulletins/ 2004/ b0404. htm. Included are articles about the NCD Native American Forum, NCD testimony on community- based services, and U. S. Department of Health and Human Services child abuse and neglect statistics.
ADA News No. 123 - 50- May 19, 2004
The President’s New Freedom Initiative for People with Disabilities: The 2004 Progress Report
, released by the White House in March and available on line at
http:// www. whitehouse. gov/ infocus/ newfreedom/ toc- 2004. html, highlights accomplishments since the May 2002 progress report.
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he ADA Document Portal, a web site maintained by the ADA& IT Technical Assistance Centers, is a searchable database of more than 6,000 ADA and ADA- related documents. Additional links give the user access to 15,000 more kindred documents. In addition to a search capability, users can also browse any of ten ADA categories. Http:// www. adaportal. org
2003- 2004 Pennsylvania Career Guide
- Whether you are a student, an educator, a first- time job seeker, parent or a person considering a career change, you will find the Career Guide a valuable tool as you make those all- important career decisions. It contains wage and job outlook information for over 180 occupations, interest assessments, tips on how to market yourself, sources for financial aid, and contact information for Pennsylvania’s public schools, TeamPA CareerLink offices and selected state agencies. The new Career Guide can be downloaded in PDF format at
http:// www. dli. state. pa. us/ landi/ lib/ landi/ cwia/ 2003_ career_ guide/ career_ guide_ 03_ 04. pdf.
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olume 2, Issue 5 of the Job Accommodation Network’s Consultant’s Corner discusses issues of on- the- job and job- related stress at http:// www. jan. wvu. edu/ corner
VOTING ACCESSIBILITY FOR ALL? - The following unedited narrative was recently posted by a member to a national ADA/ disabilities- related list. It is vital that every one of us remain acutely aware of the barriers to participation faced every day by persons in the community with disabilities:
My Voting Experience - On the morning of April 27th I headed off to cast my votes in the primary election. I had received nothing in the mail about voting or where my polling place was so I looked up on the internet where my nearest place was to cast my vote. So off I headed in my power[ wheel] chair to my nearest Fire Station ready to cast my votes.
ADA News No. 123 - 51- May 19, 2004
I had to ask some people standing outside with campaign badges on for assistance with the door because it was too hard for me to open ... I get inside and I discover I am at the wrong place to cast my ballot... I need to go to the other polling place located in the borough building twice as far in the opposite direction so I once again request assistance exiting the firehall.
I head over to the borough hall still determined to cast my ballot. I get there and the fun begins...... I was unable to call and get anyone’s attention to assist me with the door. I fought with the door and finally made it inside the building. I rang the buzzer for handicapped assistance waited 3 minutes then rang a second time. Then help came to assist me with the wheelchair elevator to raise me up half a floor so I could go vote. That was no easy task. The elevator moaned and groaned and stopped with me midway... The clerk called for help and a crew from the water department came to see what they could do... finally after over a half hour stuck in this contraption they got me barely to the level I needed to be to go vote..... the door lock would not release because I wasn’t quite all the way so the crew used an old fashioned metal hanger to trip the release so I was able to exit.
So off I went to cast my ballot so my voice could be heard... How did I feel... embarrassed at being stuck and people walking by staring at me... the clerk and water crew were very nice trying to help me but voting should not be such a hassle and its easy to see why so many people with disabilities don’t bother to vote because it has so many problems. Yes the elevator went down with no problems..... where did this happen? .... Highspire, PA, population aprox 2,700.
AND SPEAKING OF ACCESSIBILITY - This item from the May 1st edition of the Harrisburg Patriot- News:
Job center’s compliance with ADA reviewed by DAVID WENNER Of The Patriot- News It’s hard for people with disabilities to get a foot in the door for a job. It’s worse when they can’t get a foot in the door of the taxpayer- funded place that’s supposed to help them get a job. ADA News No. 123 - 52- May 19, 2004
Vini Portzline had a hard time getting any part of her body inside Capitol Region Pennsylvania CareerLink yesterday. At the main entrance, she encountered heavy double doors. Just past those stood a second set. It would have been all but impossible for the tiny, spine injury victim to pull open the doors and maneuver past them in her wheelchair. “ So I would be trapped. I’d have to wait,” said Portzline, 47. The Paxtonia resident was among a group of people with disabilities who made a surprise visit to CareerLink, a state- and federally- funded job center at 349 Wiconisco St., Harrisburg. They brought checklists, cameras and tools for measuring items such as the slope of wheelchair ramps and how much force it takes to pull open a door. The visit was organized by the Center of Independent Living of Central Pennsylvania to access how well the facility complies with the Americans With Disabilities Act. “ We are only here to educate. We’re not here to hurt anybody or get anybody in trouble,” said Pam Auer, a community organizer for the center. They offered a mixed review afterward. In addition to the front- door problem, they concluded some curb cuts outside are too steep, and the parking and drop- off situation is difficult. Inside, placement of chairs made it hard to maneuver a wheelchair through the career service area, and support columns presented a similar problem in a room where practice interviews are held. On the bright side, they declared the computer desks the right height for someone in a wheelchair, and said CareerLink staff was helpful. They were vexed, however, to find the handicapped- accessible restroom locked. Someone had to find an employee to unlock the door. Larry Rogers, the administrator for CareerLink, said the door was supposed to be unlocked when the restroom is unoccupied, and didn’t know why it wasn’t. Auer said the group will write up recommendations for improvements, then request a meeting with CareerLink officials to come up with a plan. The center is run by the Pennsylvania Department of Labor and Industry. Yesterday, spokesman Troy Thompson said a department accessibility review was done Feb. 19. CareerLink moved to the site this year. A report will be finished shortly, and the department will come up with a plan for correcting problems. He didn’t know the results of the review, or how long it will take to correct problems. “ We want to be responsive. We do not want anybody to be, or feel they are being, restricted access to the services we provide,” he said. The CareerLink front door also provides the gateway to many partner organizations, including Harrisburg Area Community College. Rogers noted that there’s a receptionist inside who would notice and offer help when someone in a wheelchair arrived. But advocates said the door should have an automatic opener; or if that’s deemed unreasonable, an intercom should be installed so someone with a disability need not wait to be noticed.
“ We don’t want to be an afterthought. We shouldn’t have to keep fighting for the ADA rights 14 years after they are passed,” Auer said.
DAVID WENNER: 255- 8172 or dwenner@ patriot- news. com COMING UP NEXT MONTH - Coming on the heels of a VERY busy May, here are a few fewer observances for June: National Scleroderma Awareness Month National Aphasia Awareness Month; Myasthenia Gravis Awareness Month; June 5- 12 is Dystonia Awareness Week; June 6- 12 is National Headache Awareness Week; June 14- 20 is National Men’s Health Week; June 20- 26 is Helen Keller Deaf- Blind Awareness Week Vision Research Month; June 6 is National Cancer Survivors Day; and June 27 is National HIV Testing Day.
ADA News No. 123 - 54- May 19, 2004
ADA News No. 124 - 55- June 15, 2004
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" News Reviews to Peruse"
Number 124 June 2004
Items regarding disabilities, disabilities law and the Americans with Disabilities Act which may be of interest to you. Please share this information with colleagues, supervisors and subordinates. This is a free publication available in electronic and printed format to anyone who is interested. Subscription requests, comments, contributions or questions, including requests for accommodations needed to receive or apprehend this publication, should be addressed to Patrick H. Bair ( Ed.) ( pbair@ state. pa. us). The views and opinions expressed herein are solely those of the editor, except where noted, and do not represent the views of the Office of Chief Counsel or the Department of Environmental Protection. Current and recent issues can be found online at http:// www. dep. state. pa. us/ dep/ deputate/ ChiefCounsel/ ADA/ adanews_ index_ 2001. htm. All past issues of this publication are archived at http:// intradep/ ChiefCounsel/ ADANews/ adanews_ index. htm on the DEP internal website.
CHANGE IN ESSENTIAL JOB FUNCTIONS NOT REQUIRED - The ADA does not require an employer to change the essential functions of a job to accommodate an employee’s impairment, according to a recent decision of the U. S. Court of Appeals for the Seventh Circuit ( WI, IL, IN). In 1997, a boiler engineer employed by Aramark Uniform Services suffered a work- related knee injury that required surgery. After his ADA News No. 124 - 56- June 15, 2004
surgery, the engineer was assigned to light duty and was restricted in the amount of climbing, walking, lifting and bending that he could do. Less than a month later, he withdrew from work and took a medical leave of absence. In February 1998, the engineer attempted to return to light duty, and again left on medical leave, from which he did not return. In April 1998, his orthopedic surgeon concluded that he had reached his point of maximum medical improvement, that his limitations were permanent, and that he could not return to his regular job as a boiler engineer and lead mechanic for Aramark without substantial limitation on his duties. His engineer/ mechanic position required him to be able to climb, lift and carry during most of his workday, and included heavy exertion and frequent climbing and lifting. The doctor directed that he be limited to minimal standing, climbing and walking, and restricted him from any heavy lifting. Aramark did not allow the engineer to return to work under those restrictions. In March 1999, he was informed that the collective bargaining agreement governing his employment stated that an employee would be terminated after a medical absence of18 months. In November 1999, after 18 months of continued absence, the engineer was terminated from his employment with Aramark, and he subsequently sued Aramark, alleging violation of the ADA. The engineer argued that he had offered to return to work with accommodation