DEAF WATCH----FEBRUARY 1999 Everyone, Keep up the guard for me this month! I will be taking a REAL break from these advocacy projects. I have health matters to attend to especially a big one next monday. I look forward to continuing to safeguard your rights once I fully recover from surgery. Richard Roehm ************************************************************* NAD ESTABLISHES CONSUMER ADVOCACY COMMITTEE The National Association of the Deaf has established a Consumer Advocacy committee to work on the following tasks for 1998-2000: 1) to gather and modify (or create) ADA materials that are for Deaf and hard of hearing consumers; 2) to help NAD set up a speakers/trainers bureau; and 3) to make recommendations, if requested by the NAD Board of Directors, about having a double income tax exemption for Deaf and hard of hearing people. The committee needs volunteers to work on these tasks. "Meetings" will be conducted via email or fax. Please contact Lisa J. Berke at email ljb9r@virginia.edu or TTY 804-295-8871 if you are interested in volunteering your time to serve on the Consumer Advocacy committee. If you don't really have the time to volunteer but have consumer ADA materials that you think are excellent for Deaf and hard of hearing consumers, please mail them to Lisa at her address listed below. You can also share your comments with Lisa about any of the three items listed above. Thanks! Lisa J. Berke, Chair NAD Consumer Advocacy Committee 104 Diamond Road Troy VA 22974-3248 ************************************************************* DEAF EXPO '98 RAISES OVER $1,000 FOR ASL RANCH PROJECT NORTH HOLLYWOOD, CA--(9 December 1998)- One hundred and forty three people donated a total of $1,089 to the ASL RANCH PROJECT during Deaf Expo '98 held at the Ontario Convention Center in Ontario, CA over the weekend of November 13-15, 1998. This marks the second fundraising event for the ASL RANCH PROJECT held during 1998 by EF Training Center, Inc. (EFTC), a non-profit 501(c)(3) parent organization of DEAF EXPOÔ, the country's largest consumer trade show targeted at the Deaf and hard of hearing market. This brings the total raised to date to $7,707.09. A total of $50,000 needs to be raised as the first step towards the $2 million needed for property purchase and required modifications. Annual Year-End Mailing Anna Petrillo and Russ Bye coordinated the ASL Ranch exhibit at DEAF EXPO '98 which included showings of a video. Narrator Jeff Lubman explained on the video that a large portion of DEAF EXPO revenues from sponsorship, exhibit and ticket sales are spent on temporarily modifying public facilities and hiring subcontractors to ensure that each show, conference or convention is compatible with the needs of Deaf and hard of hearing patrons. It would be more cost effective if such revenues went towards a self-appreciating asset that belongs to the community. The ASL Ranch project now has seven Donor Clubs and each donor is automatically upgraded to the next Donor Club when the total amount of the donor's contributions made to date exceeds certain contribution levels. These Donor Clubs are First Step Donors Club, $5+ Booster Club, Rope Club, Wood Club, Brick Club, Rock Club and the Gold Club. An updated list of donors is printed at intervals in EFTC's national bi-monthly publication DEAF USA, listed year-round on their web site at http://www.DEAFEXPO.ORG and shown during each DEAF EXPO show. All contributions to the ASL Ranch are directed to a specific account that has been established for this purpose. All donations are tax-deductible under federal regulations governing 501(c)(3) non-profit organizations. Information is also available on alternative ways of supporting the ASL Ranch project i.e. donating stocks at your cost basis but potentially receiving a tax deduction at its higher current market value; naming the ASL RANCH PROJECT as the beneficiary of a bequest through your will; purchasing an insurance policy naming the ASL RANCH PROJECT as the beneficiary; leaving instructions that upon your death, donations be made to the ASL Ranch Project; making a donation in memory of a deceased person, or in honor of a birthday, anniversary or celebration. Our year-end fundraising campaign is currently underway. Contributions should be mailed to 'ASL RANCH PROJECT', 7712 Lankershim Blvd., North Hollywood, CA 91605-2815. Upon receiving your donation, we will mail you an Acknowledgement of Donation. ************************************************************* DISABILITY RIGHTS ADVOCATES SEEKS TESTERS Disability Rights Advocates (DRA), a non-profit law office which works to protect the civil rights of people with disabilities, is currently investigating a nationwide retail store for employment discrimination against people who are deaf or hearing impaired. We are looking for people who use American Sign Language who would be willing to assist us with our investigation as testers. We are willing to pay $100.00 for your assistance. If interested, please contact: Rowena Gargalicana Disability Rights Advocates e-mail: rowenag@dralegal.org 449 15th Street, Ste. 303 Oakland, CA 94131 ************************************************************* TRAIN KILLS DEAF JOGGER IN COLORADO CASTLE ROCK, Colo. (AP) -- An 82-year-old marathon runner jogging along a railroad track was killed by a train, which he couldn't hear because he was deaf. Charles McFerron, a veteran of a dozen marathons, was struck Monday while he was out on his daily training run. Police said the train's engineer spotted McFerron, locked the brakes and sounded the emergency horn and siren. But although traveling at only 43 mph, the train of four engines and 117 empty coal cars couldn't stop in time. McFerron, of Salem, Ore., was visiting niece Martha Peck in Castle Rock, about 40 miles south of Denver, during a six-month road trip that included marathons and family visits. ``He was never slow about doing anything,'' his son, Charles McFerron Jr., said from his home in Salem. ``When he did stuff, he went all the way. He wasn't your typical retiree in any way, shape or form.'' He said his father's deafness began shortly after he retired from a savings and loan at age 65. But he added: ``When he was a boy, his mother used to yell at him to stay away from railroad tracks.'' A spokesman for the Burlington Northern/Santa Fe Railroad, which owns the train and tracks, said the road bed and wooden ties absorb vibrations. ``When a train is coming, you can usually feel it bearing down on you if you have spent a lot of time around trains,'' spokesman Gus Melones said. But if someone was walking or jogging, ``it would be very difficult to sense a train coming.'' The railroad track runs in front of the home of McFerron's niece. ``We've lived by these tracks 2 1/2 years, so they're always something we're cautious of,'' said her husband, Bruce Peck. ``We told him to watch out for trains.'' McFerron was training for a marathon in Alabama. His wife was to join him there, and then they planned to travel to Gainesville, Fla., to visit relatives, followed by another family visit and marathon in Oklahoma. Despite his deafness, McFerron went caroling at a nursing home the night before his death. ``Don't try talking to me,'' he said at the nursing home. ``I'm deaf and can't hear you. But have a merry Christmas.'' AP-NY-12-16-98 1031EST ************************************************************* SKATCHEWAN COURT OF APPEAL QUASHES LATIMER EXEMPTION People with disabilities are expressing relief that the Saskatchewan Court of Appeal has quashed the constitutional exemption granted to Robert Latimer last year. “Today’s decision sends a strong message to the community that the criminal law will protect the lives of all Canadians,” stated Hugh Scher, Chairperson, CCD Human Rights Committee. “This decision is welcomed by our community because it demonstrates that the Canadian legal system does not weigh the severity of a child’s disability in its judgment of whether and how to judge the actions of her murderer,” stated Eric Norman, CCD Chairperson. The Saskatchewan Court of Appeal has sent an important message to other parents of children with disabilities. The decision upholds the deeply established legal tradition that parents do not enjoy an unlimited discretion with respect to the treatment of their children. The Court’s decision has upheld the state’s role in protecting vulnerable children. This is particularly important to maintain the safety of children with disabilities, who experience more abuse than nondisabled children. “Since Robert Latimer’s first trail a number of other children and adults with disabilities have been murdered,” stated Laurie Beachell, CCD National Coordinator. “It is imperative for the safety of people with disabilities that the deterrent force of the law remain.” From: CCD For more information contact: Hugh Scher: 416-515-9686 Laurie Beachell: 204-947-0303 Jim Derksen: 204-786-7937 (evenings) Catherine Frazee: 416-924-5502 Lucie Lemieux-Brassard: 514-943-3995 Gregor Wolbring: 403-220-5448 Paula Keirstead: 204-943-6099 Mel Graham: 204-947-0303 Pat Danforth: 306-537-2236 Robert Richards: 306-347-8423 ************************************************************* INACCESSIBLE HOTELS SETTLE DISABILITY PROBE WASHINGTON (AP) -- The Holiday Inn and Crowne Plaza hotel chains will guarantee reservations for rooms accessible to disabled customers and pay for mediation of their complaints under a groundbreaking agreement that settled a Justice Department investigation. Almost 2,000 hotels are covered by two agreements announced Wednesday by acting Assistant Attorney General Bill Lann Lee of the civil rights division and executives of Bass Hotels & Resorts, an Atlanta-based subsidiary of the British firm Bass PLC, which owns, operates or franchises the hotels. ``Travelers with disabilities will be able to make reservations for rooms, instead of having reservations about whether the room will be there,'' Lee told a news conference. Disabled people had complained that accessible rooms they had reserved in advance were not available when they got to the hotel. ``They were giving guarantees, but the guarantees weren't any good, which can be a disaster for a family vacation,'' said John Wodatch, chief of the disability rights section. Lee praised Bass for going beyond the requirements of the Americans with Disabilities Act to create ``the first nationwide mediation program of its kind. We hope it will serve as a model for all other businesses.'' The department is investigating three other hotel chains and 200 individual hotels based on complaints filed by disabled people under the act, Wodatch said. In addition to the two agreements with Bass, 19 franchise-holders who operate individual hotels in the chains signed separate agreements to modify their facilities so disabled people can use them more easily. Wodatch said 10 to 15 other individual hotels in the chain are expected to sign similar agreements within 45 days. ``Each of the settlements resolves complaints involving fundamental issues like getting in the door, using the bathroom and having access to the telephone,'' Lee said. Some hotels lacked accessible entrances, bathrooms with grab bars and maneuvering space for wheelchairs, or closed captioned televisions or telecommunication devices for the deaf, the department said. ``We want all guests to feel welcome and comfortable,'' said Bass chairman Thomas R. Oliver. Since 1993, the department has received 48 complaints about hotels in the Bass chains, Lee said, noting that they were concentrated among the hotels that are modifying facilities. Bass agreed to pay $75,000 to be divided among the 48 people who complained, Wodatch said. The company will spend an additional $75,000 over the next three years to set up a mediation program using 430 mediators from the Key Bridge Foundation who are trained in the disabilities act to resolve complaints about access. Explaining the significance of the mediation plan for Bass and any other companies that follow its example, Wodatch said, ``We hope mediation will allow the chain to deal with complaints independent of the federal government.'' Melanie Brandman, a Bass vice president, said if disputes cannot be resolved at a hotel or regional service center, then mediation will be available nationwide ``at no cost to the guest.'' Bass is conducting an inventory of accessible rooms and equipment in its hotels so its national, computerized reservation system will have complete data on what is available for reservation, Ms. Brandman said. The system, largest in the U.S. hotel industry, handles 25 million calls a year. The company also agreed to train its hotel employees in disability act requirements and keep an architect knowledgeable about the law on staff to assist franchise-holders in renovations. The agreements will not force an increase in room charges, Ms. Brandman said. The hotels covered by the agreements operate under the Holiday Inn, Holiday Inn Express, Crowne Plaza and Staybridge Suites names. AP-NY-12-16-98 1513EST ************************************************************* NEZ'S CYBER MALL SUPPORTS THE DEAF COMMUNITY Nez's Cyber Mall is a fundraiser project that will help support the newly created Orange County Deaf Advocacy Center. This mall has been designed with accessibility in mind. All commissions generated by sales activity within this mall will be used to support the Orange County Deaf Advocacy Center. Nez's Cyber Mall can be found at: Http://www.i-sphere.com/eyedeaf/deafmall.htm ************************************************************* DEAF MAN URGES BOYCOTT OF RADIO SHACK STORES A Call Against Radio Shack Deaf Man Urges Boycott After Bad Experience By Tom Jackman Washington Post Staff Writer Almost totally deaf from birth, Michael Gannon was accustomed to communication troubles with clerks and cashiers when he went shopping. Still, nothing prepared him for the incident at the Radio Shack store near Tysons Corner. Gannon, who reads lips and speaks almost flawlessly, entered the store to buy batteries for his hearing aid. A misunderstanding, which began when Gannon was asked for his phone number and Zip code, escalated when the clerk didn't realize that Gannon couldn't hear him. Without warning, Gannon says, the clerk punched him in the face, tackled him and sent him crashing into a glass display case. The incident left Gannon with gashes, bruises and internal injuries. Radio Shack fired the clerk, who later was convicted of assault. But when Gannon asked the company for an apology and help with his medical bills, which he said total more than $10,000, Radio Shack refused. Gannon filed a $1 million lawsuit last year against Radio Shack's parent company, Tandy Corp. Now, he and his attorneys are trying to stir up support for a boycott of Radio Shack stores, saying that even though the company sells products for the deaf, it does not train employees to deal with deaf customers. The attack was emblematic of the problems faced by deaf people in everyday situations, Gannon said. "It's not just a misunderstanding between a deaf person and a clerk," he said. Tandy officials declined to speak about Gannon's lawsuit or the company's service toward deaf customers. In court filings, Tandy denies liability in Gannon's claims of assault and battery and negligence. The company's local lawyer, Ralph N. Boccarosse Jr., of Fairfax, said he is sympathetic to the obstacles deaf people face in stores. "It may very well be a realistic problem," he said. But Tandy does not train its employees to handle deaf customers, and "I don't know that there is anyone in the retail industry that does," Boccarosse said. Gannon, a 39-year-old physical trainer from Reston, said the trouble began shortly after he entered the Radio Shack store on Leesburg Pike on a Friday night in August 1995. His brother and a friend waited in the car outside. Gannon grabbed the batteries, then placed them on the counter with a credit card. He said the clerk, Donald M. Boseman, 43, asked him for his telephone number and Zip code, but Gannon refused because he had given it to the store before and was in a rush. Then Boseman questioned Gannon's signature. Gannon said he grew impatient and snatched the receipt back from Boseman. The clerk then turned his face away, and Gannon could see that he was muttering but couldn't tell what he was saying or asking. Finally, Boseman held out the bag of batteries, Gannon reached for it, and "before I knew it, I got punched in the face." Gannon said that he was dazed from the assault and that when he asked what had happened, Boseman stormed around the counter and drove him into a glass display case. Boseman testified in Fairfax County Circuit Court that he had arthritis and that it was painful when Gannon snatched the receipt from his hand. Boseman testified that when Gannon reached for the bag, "I felt threatened. I didn't know whether he was going to rob the store or whatever and I just tried to protect myself." Boseman could not be reached for comment and his attorney did not return telephone calls. A store employee testified that Boseman attacked Gannon without provocation. The judge found Boseman guilty of assault and sentenced him to 45 days in jail. Boseman appealed, was again found guilty, and was sentenced to 10 days in jail and a $1,000 fine. Gannon said he is a reluctant crusader. "I'm not thinking about being the next Ralph Nader," he said in an interview. He said, however, that he had never visited a store that showed sensitivity to deaf customers, although about 10 percent of the population is deaf or hard of hearing. Advocates for the deaf say most nonhearing people have stories of shopping tribulations, from humorous to horrible. Phoebe Hamill, president of the Potomac chapter of the Association of Late-Deafened Adults, recalled buying do-it-yourself plumbing tools, then returning to the store to ask for help. "The people remembered me as a problem and were reluctant to wait on me, knowing I had further questions," Hamill said. "I dashed out of the store and broke into tears and decided plumbing repairs were not for me. I'm white but I thought that this is how black people probably used to feel." Cheryl Heppner, executive director of the Northern Virginia Resource Center for Deaf and Hard of Hearing Persons, said that such situations are "a big blow to your self-respect, the fact that you can't communicate with somebody." She added, "If people go through that experience often enough, they get so they don't want to go outside the house." Accommodating deaf customers is easy, Heppner said. Clerks need only face the customer, so their lips can be read, or have a pad of paper and pen ready for the customer to use. Heppner said she has offered her services to the Fairfax County Chamber of Commerce to help train employees, but has had no takers. ************************************************************* Disability Lawsuit List. COLLECTIVE AGREEMENT'S SENIORITY CLAUSE TRUMPS ADA Willis v. Pacific Maritime Association (9th Cir 12/11/98) http://laws.findlaw.com/9th/9716778.html Two disabled longshoremen sued an employer association and two unions claiming a failure to reasonably accommodate their disabilities. The District Court granted summary judgment for the defendants; the 9th Circuit affirmed. Both employees were denied placement on a list which would have given them priority for light duty assignments. One employee was denied transfer from one local union to another, which would have resulted in his doing less strenuous work. All of the denials were because these employees had insufficient seniority or because other employees had greater seniority. The seniority provisions were part of a collective agreement between the employer association and the unions. The court held that the employees' proposed accommodations were per se unreasonable under the ADA, and therefore the court would not use a balancing test. Although the ADA speaks to "reassignment to a vacant position" as a possible reasonable accommodation, the positions sought were not "vacant"; other employees with greater seniority had preference when a vacancy would occur in the future. The defendants were administering a bona fide seniority system, and that system is not discriminatory simply because it does not allow for accommodations. The court limited its decision to situations in which (1) there is a direct conflict between a proposed accommodation and collectively bargained seniority rights of other employees and (2) the accommodation request conflicts with a collective agreement's BONA FIDE seniority system. SUPREME COURT SET TO HEAR APPEAL ON GROUNDBREAKING ADA CASE Olmstead v. L.C. No. 98-536 Court below: 138 F.3d 893 (11th Cir 04/08/98) At issue in this American with Disabilities Act (ADA) case is (1) whether the public services portion of the ADA compels states to provide treatment and habilitation for mentally disabled persons in community placement, when treatment is available in a state-run institution, and (2) if construed that way, whether it exceeds the enforcement power granted to Congress in Section 5 of the 14th Amendment. Patients in a state psychiatric hospital filed an action challenging their continued confinement in the hospital where persons with mental disabilities are treated in a segregated environment, violating Title II of the ADA, 42 USC ss 12131-12134 (1995), the Attorney General's Title II regulations, 28 CFR s 35.130 (1997), and the Due Process Clause of the Fourteenth Amendment. The court below held that: (1) the ADA and the Attorney General's integration regulation prohibit a state from confining disabled individuals in a state-run institution where that individual could be treated in a more integrated community setting; (2) confinement of patients in a state psychiatric hospital in a segregated environment violated the ADA; and (3) remand was appropriate on the issue of whether requiring a state to make additional expenditures would fundamentally alter the service it provided. ************************************************************* DISABILITY RESOURCE OF THE MONTH Jewish Blind & Disabled Jewish Blind & Physically Handicapped Society provides caring sheltered housing to improve the quality of life, maximise freedom of choice, respect dignity at all times and help achieve independent living for visually and physically disabled people. They enable their residents to enjoy independence with privacy, security and dignity. This is one of the model community based housing we should look upon once the rights of the two individuals with disabilities in the State of Georgia is upheld in the groundbreaking Olmstead vs. L.C. case se to be heard in Supreme court this spring. Jewish Blind & Disabled (JBD) http://www.jbd.org/ ************************************************************* This month's recipients of the Deaf Watch Award. Waynesboeo Disability Services Board Http://www.geocities.com/Heartland/Village/7997/ Excellent resource site! Keep it up! Ontario Deaf Sports Association Inc. http://www.OntarioDeafSports.on.ca Great Site! Megan Lengel's Page http://www.geocities.com/Athens/Forum/4639/index.html Great site of a CI patient! Nicholie's Cave http://www.angelfire.com/fl/NicholieS/ Good Site! ************************************************************* Letters from readers. THE CENTER FOR INTERNATIONAL STUDIES BY THE DISABLED IS A NON PROFIT AND TAX EXEMPT EDUCATIONAL ORGANIZATION WHICH PROVIDES THE DISABLED STUDENT AND SCHOLAR WITH EDUCATIONAL INFORMATION TO DEVELOP ACCESS TO INTERNATIONAL INSTITUTIONS OF HIGHER LEARNING IN A MISSION TO DEVELOP ACCESS TO EXCHANGE INTERNATIONAL KNOWLEDGE AND CULTURE EXCHANGE. NO COST TO THE GENERAL PUBLIC OR STUDENT OR SCHOLAR. STANDARDS CAN DEVELOP AT INTERNATIONAL INSTITUTIONS WHICH INCREASE POTENTIAL ACCESS CAN DEVELOP INCREASED STUDENTS. INTERNATIONALLY, INSTITUTIONS OF HIGHER LEARNING HAVE RESPONDED. VOLUNTEERS ARE NEEDED TO INVOLVE LOCALLY THE INSTITUTIONS AND ENHANCE STANDARDS AT THE INSTITUTIONS OF HIGHER LEARNING. RESPECTFULLY CHRISTOPHER WEST --------------- Dear friends, I'm glad I can send you the news, that in Czech republic was officially recognized Czech Sign Language as the first language of the Deaf people and CSL was recognized as the equal language as a spoken Czech Language is. In the beginning of June 1998 the Czech Parliament passed a bill of Czech Sign Languare law. Czech Sign Language was officially recognized as a language of its own. On the preparation of this law participated the Czech association of the organization of the Deaf and hard of hearing people ASNEP. According to this law the Czech Deaf people have the right to use a sign language in a public services as the hearing people are using the spoken Czech language. The Deaf people have a right to get 24 hours sign language interpreter's service in a year for free. In this amount isn't included the interpreting in a comprehensive, secondary and high schools and Universities. There is not included the interpreting in a trial. According to Czech Sign Language law the Deaf children have the right to get education in a Czech Sign Language. In this law is written, that parents of the Deaf children have the right to attend the sign language courses for free. Czech Sign Language law open the way for a development of Czech Sign Language and has given to the Czech Deaf people opportunity for a better and easier participation in a public life. With the best regards, Romana Mazerova the chief editor of the magazine of the Deaf and Hard of Hearing people "Gong" -------------- Do you have any recommendations for Web sites to buy gifts (education, entertainment or both) for deaf children? Please reply with any suggestions. Thank you for your support. Glen Kushner glenk@ix.netcom.com 415 242-0904 ------------------------- SWEET HONEY IN THE ROCK, a Grammy Award winning African American a cappella singing (& signing) group is coming to Richmond! What makes this group unique is that not only are they wonderful musically and spiritually, but all their songs are brilliantly sign interpreted! Shirley Childress Saxton (formerly Childress Johnson) is a CODA (Child of Deaf Adults), and is an equal member of the group, traveling everywhere they go - - signing just as expressively as the words are being sung. Deaf and hearing individuals alike report tremendously enjoying SWEET HONEY IN THE ROCK concerts. This Sunday, Feb 14th, they will be returning to our area, performing at Richmonds Landmark Theater. Tickets are $18 and $25. Students with ID will receive an additional $5 off. Last year, SWEET HONEY IN THE ROCK was disappointed with the small turn-out from the deaf community. They hope that word spreads further this year, and that they see more hands waving in the air with applause when they look out into the crowd. * * To demonstrate this commitment, individuals who are deaf, hard of hearing, late-deafened, or hearing-impaired, can purchase tickets FOR ONLY $13 and receive SPECIAL UP-CLOSE SEATING. (If you experience ANY difficulties with the ticket booth concerning this, ask to speak to Audrey Booth) Lastly, but also quite important, this is a philanthropic concert to benefit Richmonds CASA (Court Appointment Special Advocate). For concert information and discounted tickets, call Richmonds Landmark Theater at 804-780-4213. Or Ticket Master at 804-262-8100 . For more information on Richmond CASA, call 804-780-4994. Additional questions, you can e-mail Holly Oehrlein at ARCLAWYER@AOL.COM. ------------------------------------------------------------- - DEAF WATCH - Federal ID Number : 33-0765412 - Chief Editor/Editor : Richard Roehm - Circulation by direct EMAIL : 382 Subscribers - Circulation by indirect EMAIL : 9682 Subscribers - Orange County, California - Internet : Deaf@activist.com - Nesmuth@worldnet.att.net - ICQ #: 7389913 | Handle: SilentKnight - DEAF WATCH Http://www.deafwatch.com - Http://www.i-sphere.com/eyedeaf/deaf.htm - Visit Http://www.i-sphere.com/eyedeaf/nez.htm ---------------------------------------------------------- - SUBSCRIPTION INFORMATION - To be added to the mailing list, send "SUBSCRIBE" - To be deleted from the mailing list send "DELETE" - to this address Deaf@activist.com - - Mailing lists are not sold/given to anyone. ------------------------------------------------------------- - Need to stay on the net? 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