Disability Rights Education and Defense Fund Update

Fall 2000

Disability Rights Education and Defense Fund is the Nation's guardian of Civil Rights for People with Disabilities.

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DREDF

2212 6^th St

Berkeley, CA 94710

SPECIAL ISSUE – DREDF ON THE FRONT LINES

Important Newsletter & Action Alert Mailing List Information

DREDF Hosts Landmark Disability Rights Symposium

WORKING TO IMPLEMENT OLMSTEAD

President's Letter

The Whirligig of D.C.

DREDF Update Staff Box

ADA CONSTITUTIONALITY CHALLENGE

DREDF Update Staff Box

ADA CONSTITUTIONALITY CHALLENGE

DREDF LAWSUIT CONFRONTS INACCESSIBLE SENIOR HOUSING

DREDF Joins International Assisted Suicide Conference Protest

MONITORING COMPLIANCE

AB2222 Signed!

DREDF ADA Hotline

CHILDREN'S ADVOCACY

DREDF ADA Materials Available

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In order to lower ever-rising mailing and production costs, as well as to keep pace with emerging technologies and reader preferences, DREDF is now offering our readers the opportunity to receive our newsletter via email instead of print. In addition, from time to time, DREDF sends out Action Alerts relating to legislative and other hot button issues. The Action Alert Mailing List is separate from DREDF's general mailing list. If you would like to receive future newsletter mailings via email; if you would like to be added to DREDF's Action Alert Mailing List; or if you would like to let us know about your alternative format preferences for these materials, please visit our website (www.dredf.org) and click on "Mailing List Update." Requests may also be sent via fax (510 841-8645), Email (rkrokus@dredf.org), or by telephone (510 644-2555). Please include your name as it appears on your current mailing label, as well as your phone number, so that we can contact you if we have any questions about your request.

DREDF Update is available in large print, audiocassette, computer disk, and is also available online at www.dredf.org. To request this publication in alternative format, contact DREDF at 2212 6th St. Berkeley, CA 94710; EMAIL: dredf@dredf.org; Phone (510) 644-2555 (Voice/TTY); FAX (510) 841-8645.

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The Disability Rights Education and Defense Fund (DREDF) in partnership with the United States Social Security Administration hosted From Principles to Practice, an international disability law and policy symposium that took place in Washington, DC October 22 through 26. Approximately ninety invited participants from over forty countries participated. Disability law and policy experts from the United States, international subject matter experts, and selected observers from funding agencies also attended and served as resources. Expert papers were commissioned for the symposium. Topics included a comparative analysis of the definitions of disability; understanding prejudice as it relates to disability anti-discrimination law; and a summary compilation and analysis of disability anti-discrimination laws internationally.

While many nations have enacted some form of disability legislation in the past ten years, law and policy experts and advocates internationally have had few opportunities to come together to discuss legal theories, practical implementation issues, and strategies for future reform.

The broad goals of the four day symposium were:

• To establish an international working group of attorneys, policy and legislative experts, and individuals with disabilities who are working or wish to work for disability laws and policies in their respective countries;

• To share ideas about laws and policies, enforcement mechanisms, and approaches to reforms;

•To develop a common understanding of basic conceptual and legal principles that serve as the foundation for disability law and policy;

• To identify specific strategies and tactics that will help advance legal reforms in ways that comport with the governance structure of a particular country; and

• To establish ongoing communication that will enhance organizing capacity and establish closer ties between the disability community, law reform advocates, and lawyers.

A full report on the symposium will appear in DREDF's winter newsletter.

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[Front Page Graphic, courtesy United Way of America. Photograph of an elderly woman wih glasses, sitting in her bathrobe, with a cat on her lap. Superimposed on the bottom of the graphic, in large block letters, "LIKE MOST PEOPLE HER AGE, SHE BELONGS IN A HOME. HER OWN.]

Following the United States Supreme Court's decision in Olmstead v. LC, which held that unnecessary institutionalization of persons with disabilities is a form of discrimination prohibited by the Americans with Disabilities Act, DREDF has undertaken a number of activities to extend the decision to local communities, including litigation and community organizing.

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Opposing Unnecessary Institutionalization – Davis v. California Health and Human Services Agency

DREDF and co-counsel from Protection and Advocacy, Inc., National Senior Citizens Law Center, Bazelon Center for Mental Health Law, and the Law Office of Thomas Andrew Sinclair have filed a class action lawsuit on behalf of persons with disabilities who need long-term care in the City and County of San Francisco and who are unnecessarily institutionalized at Laguna Honda Hospital or are at risk of placement into Laguna Honda. Laguna Honda is the largest remaining public nursing institution in the country. The lawsuit was filed on July 13, 2000 and is proceeding through early phases of litigation, including discovery. Defendants are the City and County of San Francisco and the State of California.

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DREDF and co-counsel (the Public Interest Law Center of Philadelphia and the law firm of Newman, Aaronson & Vanaman), have filed a class action lawsuit in May of this year against the State of California to enforce laws against the unnecessary institutionalization of persons with developmental disabilities throughout the state. The lawsuit challenges the state developmental disability service system's methods of administration which pay wages and benefits to direct care and professional staff in community-based services far lower than wages and benefits paid to staff providing the same or similar services in institutions. The lawsuit alleges that due to these disparities in wages and benefits, adequate community-based services are unavailable, thereby forcing institutionalization upon people who would be otherwise capable of living independently in the community.

[Page 3 graphic by Lynd Ward — a representational somewhat abstract woodblock print showing a little girl, standing in rags, with an empty bowl in her hand. In stark contrast, behind her is a representation of the statue of liberty holding the burning torch, and a picture of a woman reading a book, with lights around the book, birds flying in the foreground and a fence and building in the background]

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DREDF and numerous disability organizations from all across California have formed a coalition to collaborate on making the Olmstead decision a reality in California. The coalition is focused on state-level activities relating to Olmstead, including the requirement that the state develop a comprehensive plan for providing long-term care services in the most integrated setting appropriate. The coalition has sent a letter to Governor Davis urging him to direct the Health and Human Services Agency to begin serious and active work to implement the Olmstead decision, including meeting with the coalition as a stakeholder group. The coalition includes the California Foundation of Independent Living Centers, Organization of Area Boards, AIDS Legal Referral Panel, People First of California, Inc., Protection and Advocacy, Inc., California Association of Mental Health Clients, and others. Persons interested in the work of the coalition may contact DREDF Staff Attorney Larisa Cummings.

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Dear Friends,

In this election year, it is easy for our focus to shift away from the tasks at hand, toward the promises of some candidates and our fears of others. It is exactly at this time that we must maintain our vigilance in our efforts to have our voices heard on the issues that transcend the fleeting worries that political campaigns opportunistically bring to the foreground.

New faces will confront many of the same problems that those before them were unable or reluctant to deal with. DREDF remains steadfast in its efforts to ensure that our highest court will carry the ADA into the new millennium; we are working to secure a place in our communities for people who are unnecessarily institutionalized; we are monitoring states to ensure that children with disabilities are receiving the education guaranteed to them by law; and we are still working to create and maintain affordable and accessible housing for persons with disabilities.

DREDF attorneys and staff are wholeheartedly focused on these pressing concerns. While the faces in government may change, DREDF continues to be in the grassroots and on the front lines for 54 million people with disabilities.

The fall offers several ways to help sustain our efforts at DREDF. Workplace campaigns include the Combined Federal Campaign, United Way, and corporate employee matching programs. As an individual, you may consider an end of the year tax-deductible contribution. Finally, to ensure that DREDF can remain at the forefront for future generations, you may consider making DREDF a part of your long-term financial planning.

Thanking you all for your continued support of our work.

Margaret Jakobson

Chair and President

DREDF Board of Directors

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An election year always brings a frantic schedule to DREDF's Washington, DC office. Congress is in a rush to get out and campaign. Deals are cut or dropped in an instant. Policy issues that we have toiled on for two years may be dismissed and others raised to a frantic policy debate on the floor without any prior notice. As always, DREDF's Washington D.C. office remains committed to its ongoing legislative, education, and advocacy efforts to ensure the most effective possible Federal legislative protection of the civil rights of people with disabilities. Current activities include constant vigilance to prevent any weakening amendments to the ADA, 504, IDEA or the Fair Housing Act; or any other language that might limit the rights of adults, parents, or children with disabilities. We are still working to amend the Hate Crimes Act to include hate crimes against people with disabilities; we support the education amendments to provide more dollars to schools to make them accessible; and we are working hard to pass the Family Opportunity Act to provide health insurance to those children not covered by other programs. Please visit DREDF's website (www.dredf.org) for continuing updates.

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DREDF Update

Ken Stein, Editor & Design

DREDF Staff, Articles

Inkworks, Printing

Thanks to Anthony Bruce, Jane Berliss-Vincent & Kym@Inkworks for assistance with Pagemaker.

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On October 11, the Supreme Court heard oral orguments in the case of Garrett v. Univ. of Alabama at Birmingham Bd. of Trustees, in which the Court will decide whether Congress has the authority to extend the ADA's disability nondiscrimination mandate to the states. Arlene Mayerson of DREDF is co-counsel for plaintiff Garrett, with Michael Gottesman, professor at Georgetown University Law Center, and Deborah Mattison and Sandra Reiss, of Gordon, Silberman, Wiggins & Childs, in Birmingham, Alabama.

Plaintiffs are arguing that Congress acted well within its authority to eradicate a long history of state-based discrimination against persons with disabilities. The Garrett case has enormous implications for civil rights protections generally, because Congress uses the same constitutional authority when passing any type of civil rights laws – age, disability, gender, race or other characteristics. Even if Garrett settles before the Supreme Court issues a decision, we can be sure that another similar case will come up right behind it. The Court will eventually decide the question of whether Congress has the authority to enact disability civil rights laws at all.

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In July, DREDF and Legal Strategies Group of Emeryville filed a lawsuit on behalf of Midpenninsula Citizens for Fair Housing (MCFH) against housing providers Lytton Gardens, Inc., Community Housing Inc., and architects and planners Carrasco & Associates. MCFH, a non-profit fair housing organization, brought the lawsuit alleging discrimination against tenants with disabilities. The lawsuit alleges that Lytton Courtyard property fails to comply with accessible design and construction requirements of state and federal law. Lytton Courtyard, in Palo Alto, California, opened its doors in June 1995 and provides housing to low-income seniors.

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Over Labor Day weekend, the Hemlock Society sponsored the "International Conference of the World Federation of Right to Die Societies" in Boston. DREDF was present, outside, joining the national grassroots organization Not Dead Yet (NDY) in a vigorous protest against the legalization of physician-assisted suicide and euthanasia. DREDF is one of ten major national disability organizations which has taken a position opposing legalization of assisted suicide. Representing DREDF, Policy Analyst Marilyn Golden spoke at NDY's rally and addressed why legalization is a bad idea, not only for people with disabilities, but for society as a whole as well. The Hemlock Society (which bankrolled the Conference) and the World Federation both support legalizing assisted suicide and euthanasia for terminally ill people, chronically ill people, and people with disabilities.

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Blind Banking on Talking ATMs

California continues to be the leader in ensuring accessible banking services to the blind community. Over the past fifteen months, DREDF and co-counsel Lainey Feingold and Linda Dardarian of the Oakland firm Saperstein, Goldstein, Demchak & Baller have announced settlements with Wells Fargo, Bank of America, and Citibank under which these institutions have begun installing Talking ATMs. Wells Fargo and Bank of America are also instituting policies to ensure effective communication of all printed materials, and the Bank of America has also begun making accessibility improvements to its website. All three agreements are being carefully monitored, and California now has over one hundred talking ATMs. The current list can be found by going to www.acb.org/ccb . Success of these historic agreements will depend on community usage of these services. Comments can be sent to our co-counsel at bank@sgdblaw.com.

Gas Station Cases

During 1998 and 1999, DREDF and its co-counsel settled class action lawsuits against Shell and Chevron covering thousands of service stations across the country. Along with architects in the nationally-recognized ADA consulting firm of Evan Terry & Associates, DREDF and its co-counsel have been monitoring the settlement agreements to ensure compliance. Lainey Feingold is co-counsel on both cases, and Andrea Asaro of the San Francisco firm of Rosen, Bien & Asaro is co-counsel on Shell. Accessibility renovations have been made on hundreds of stations across the country and will continue to be made during the next several years. As a result of the settlement, both companies have adopted new policies and guidelines to ensure ADA compliance, and have trained staff to ensure accessible service delivery. DREDF is monitoring the settlement agreements and welcomes questions, complaints or concerns regarding accessibility issues at Shell or Chevron stations.

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AB2222 Signed!

DREDF and a coalition of disability and civil rights groups worked with California Assemblymember Sheila Kuehl (D-41st Assembly District, Encino) on AB2222, a state bill relating to California disability anti-discrimination law. On September 30, Governor Davis signed the bill into law, reaffirming the distinct and greater protections offered by California law, while retaining the protections of the Americans with Disabilities Act as a minimum standard. "This bill is about equal opportunity." says Assemblymember Kuehl. "It's about making it possible for Californians to perform any job of which they're capable, and to enable them to sustain themselves as independent members of our society."

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DREDF ADA Hotline (800) 466-4232

Every month, approximately 800 people call DREDF's ADA Technical Assistance Hotline at (800) 466-4232 (voice/TTY). This U.S. Department of Justice funded information line, free to callers, provides technical assistance and materials to persons with disabilities, businesses, state and local governmental agencies, and the general public, to help them better understand their rights and responsibilities under Titles II (state and local government activities) and III (public accommodations) of the ADA. The hotline operates from 9 am - 5:00 pm Pacific Time.

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CHILDREN'S ADVOCACY

[page 5 graphic, Ken Stein photo — shows two boys, one of whom uses a wheelchair, in a school yard, playing caroms (a board game played with little pool sticks and small plastic game pieces)]

New Online Parent Advocacy Discussion Forum

DREDF and its two Northern California Coalition Parent Training and Information Center partners are co-sponsoring an online Parent Advocacy Discussion Forum. The online Forum is available to provide parents with supplemental support and information to assist them in understanding and negotiating special education services. It is being moderated by staff members from the three agencies. In addition to a Frequently Asked Questions page, informational and technical assistance materials are being posted on the site. The discussion forum can be accessed via the DREDF, Matrix or Parents Helping Parents websites.

Real Futures Transition Training

DREDF's Parent Advocacy Project in conjunction with the Joseph P. Kennedy Jr. Foundation is presenting "Real Futures: A Transition Training for Parents of Youth With Developmental Disabilities." The training will benefit parents of students with developmental disabilities who are dealing with, or planning for, the transition years (ages 14-22). It will be held on November 4, 10-4 pm; November 15, 6-9 pm; December 2, 10-4 pm; and December 13, 6-9 pm.

Topics covered include Family Issues, Person-Centered Planning, Supported Living, Transition and School, Supported Employment, Vocational Rehabilitation, Community Integrated Day Programs, and Benefits. Presenters include DREDF Parent Advocates Diane Lipton, Esq., Wendy Byrnes and Mary Telquist; Tom Heinz, Director, East Bay Innovations; Denise Mautz, SFSU, UC Berkeley; former DREDF advocate and parent Pam Steneberg; and Jim Armstrong, Rehabilitation Supervisor, Department of Rehabilitation. It is being held at the Oakland Kaiser Fabiola Building, located at 3801 Howe Street. Space is limited to 25 participants. For information about future Transition Trainings, please contact Mary Telquist at DREDF.

In collaboration with the American Diabetes Association, DREDF has developed a packet of informational and technical assistance materials relating to the rights of children with diabetes in schools. The package includes material on the Individuals with Disabilities Education Act and its application to children with diabetes, a sample 504 plan, and a sample health care plan. The sample plans are designed to meet the requirements of Federal laws that prohibit discrimination against persons with disabilities. They outline typical accommodations that can be expected to be provided by schools to students with diabetes, as well as instructions regarding training of staff, necessary supervision of the student, and treatment needs. The materials are available on DREDF's website (www.dredf.org) or by calling DREDF. Persons interested in further information on the subject may also wish to visit the American Diabetes Association's website: www.diabetes.org.

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ADA Title III Compliance Package:

Includes "Open for Business" Video & "Access Equals Opportunity" Brochures

"Open For Business" – An award-winning film that shows the disability and business communities working together in one small town to remove architectural barriers, as required by the ADA.

"Access Equals Opportunity" – Seven brochures in a question and answer format addressing ADA Title III compliance. Package Price: $179.00. Price for Disability Organizations: $129.00.

ADA: An Implementation Guide (The Bluebook)

DREDF's Implementation Guide offers a detailed, thorough analysis of all the law's provisions, encompassing ADA legislative history, the statute and regulations.Price: $100.00. Price for Disability Organizations: $75.00.

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