DEAF WATCH----JANUARY 1999 Greetings and Happy New Year! We all wish you a great and prosperous 1999! Once again Deaf Watch Newsletter makes it's annual promise to the disability community of continued advocacy and support. Last year's resolutions were met with great ease and we will try something harder this year. This years resolutions: 1) Staunch and fiery support and advocacy of our rights as people with disabilities. Almost like Senator Wellstone's style of advocacy. 2) Active lobbying for an amendment to the Americans with Disabilities Act to plug in the numerous holes in law that have made it difficult to be enforceable. 3) Active support of Project Orange Neptune that will become an essential mechanism for liberating people with hearing disabilities who are confined in mental institutions simply because they have been misdiagnosed. 4) Active fundraising for the Orange County Deaf Advocacy center by means of the possible commercialization of the Deaf Watch website. 5) Active support of new Deaf and disability organizations in southern California areas as well as other parts of the globe. 6) To start education programs for young people with hearing disabilities through the Captain Nesmuth comic project. This year will be an extremely challenging year as I will soon be appointed to a number of official positions, as well as my full commitment to my wife and the new Deaf Center. I only ask you for your leadership and support in continuing this revolution that will empower all people with disabilities to live their fullest potential and to lead our community toward the promised land of fairness, equality, and justice. Richard Roehm ************************************************************* DEAF EXPO '98 AT ONTARIO, CALIFORNIA ATTRACTS 8,771 NORTH HOLLYWOOD, CA-- (8 December, 1998) - The Ontario Convention Center, a 50-minute drive east of Los Angeles, California was the site of Deaf Expo's sixth annual show held November 13-15, 1998. Taking place in a brand new state-of-the-art facility across the street from the sold-out official hotel Ontario Airport Marriott, show patrons from 28 states plus California and three countries immersed themselves in many varied activities and exhibits. Many new programs were offered at Deaf Expo '98 which was sponsored by Bank of America, General Motors Corporation, Sprint-California Relay Service and Ultratec, Inc. Among these offerings were the 'Deafinitely Fashion Show' by Goodwill Deaf Services of Long Beach, autograph signings by Penny Warner, author of 'Dead Body Language' and 'Sign of Foul Play' from Bantam Books, the Museum of Deaf Inventions by Jonathan Oakley, a Hearing Signal Dog demonstration by Dogs for the Deaf, ASL Poetry by Deanna Bray and Bob Arnold, and The Bob Daniels Show by CRS-Sprint. There were 134 exhibits at Deaf Expo '98, an increase of 2 booths over the last 'off-year' show - Deaf Expo '96 at Anaheim. Exhibitors marveled at the pleasant decor of the Exhibit Hall which was divided into nine Exhibit Categories and also featured the popular 'Caption TV Orientation Project' at which were displayed thirteen 27-inch TV sets and a free brochure with checklists on shopping for a Caption TV. The food concession area was packed full of people who could also sit and watch performances on the Deaf World stage. The 'Deaf Stunt Bicycle Show' by Anthony Yourgulez and Gary Clark was a tremendous hit. They also signed autographs and donated 50% of the proceeds to the ASL Ranch which also received over $1,000 in donations. Technology continued to be a primary focus at Deaf Expo '98. The TTY Museum was incorporated this year into a new and revamped 'Communications Challenge: Past & Future' display which also included Philips Internet TV, a Web TV version that enables users to use a regular TV set to access e-mail and the Internet without use of computers. Exhibitors in the Technology category demonstrated new Ultratec Superprint Pro80 models with large-print and two- line displays, Global demonstrated their new 'I Love You' vibrating alarm clock and Ameriphone showed a protype of their upcoming mini-TTY. Wynd Communications, who was the exclusive wireless service provider of Deaf Expo '98, explained their new 'TTYReply' service. Also notable was a hot tub dealer, and 'Why Deaf & Hearing People See The Same Thing So Differently' by Fred Gravatt during the Seminars program. Both Friday and Saturday evening entertainment events were well received. Produced by Lisa Hermatz-Chahayed with set designer Don Baer, the 'Deaf FlashBack' party at the hotel on Friday event was set up like a Deaf Club with tables & chairs, a mini-stage in one corner with open-captioned music videos and a video jockey coordinating vibrating music and disco lighting on stage with a fog machine. On Saturday night at the Convention Center Ballroom after dinner, Canadians Angela Petrone Stratiy and Bob Whitford had everyone laughing hard at how "visually-impaired" hearing people are followed by a jazzy performance from the Deafywood Production Company. When contacted after the Deaf Expo '98 weekend, president David Rosenbaum said that logistics for Deaf Expo becomes more complicated each year. "We've become THE event of the year in the Deaf Community," he explained, "People have higher expectations from us to produce bigger and better activities each year!" Final attendance figures showed 7,333 patrons on Saturday and 1,438 on Sunday which is an 8% increase over Deaf Expo '97. Rumors of an incident at the Ontario Airport Marriott on Saturday evening were greatly exaggerated although a deaf person did hit a hotel employee and it was jointly decided to ask nearly 2,000 non-hotel guests to leave the hotel to avoid a potential fire code violation. The ChildCare program coordinated by Stephanie Johnson continued to be in demand as parents of both Deaf and hearing children put them in ChildCare so they could browse the exhibits. The Jewish Deaf Community Center (JDCC) sponsored a moonbounce again this year. "Deaf Expo has become a coalition of businesses and organizations in the Deaf Community which comes together once a year to show its unity," Rosenbaum adds. As one webmaster declared on the internet on November 21st, "Deaf people from many parts of the USA and some parts of the globe came to Ontario for 3 days of chatting, hugging, laughing, partying, learning, and spending. All this was done in the spirit of community, unity, and peace…" Deaf Expo '98 is coordinated by EF Training Center, Inc. (EFTC), a non- profit 501(c)(3) organization manned by persons who are Deaf or hard of hearing. Show organizers have announced that Deaf Expo '99 will take place at the San Diego Concourse on November 19-21st. For information or to subscribe to Deaf USA, the official DEAF EXPO publication, write to EFTC, 7712 Lankershim Boulevard, North Hollywood, CA 91605-2815, TTY: 818/764-4311 (Voice Relay 1-888-877-5379), FAX: 818/764-4066, E-Mail: DEAFEXPO@aol.com or visit them at http://www.DEAFEXPO.ORG ************************************************************* 1.6 MILLION PEOPLE ON SSI AND SSDI WILL GET REVIEWS NEXT YEAR The Social Security Administration plans to review about 1,637,000 disability beneficiaries in fiscal year 1999, to see if they remain disabled. These are called "continuing disability reviews" or "CDRs." For more information: Social Security to Review One-fifth of Disability Beneficiaries in '99 http://www.disabilityfacts.com/resources/ssreview.html From www.disabilityfacts.com (Orange County Deaf Advocacy Center is now developing SS appeal packets for present and future clients and will be available on website in February 1999.) ************************************************************* DEAF MAN FILES MILLION DOLLAR LAWSUIT AGAINST RADIO SHACK 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 to 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 about 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. (Washington Post) ************************************************************* 10 YEAR OLD DEAF BOY KILLED BY VEHICLE AIR BAG DEPLOYMENT It was the type of accident that occurs every day during rush hour. An accident that should do nothing more than dent some fenders and maybe cause a few bruises. But it killed 10-year-old Christian Jones when it forced an air bag to deploy in his face, causing massive head injuries, according to a deputy coroner. His family took him off life support at Riverside County Regional Medical Center in Moreno Valley Tuesday evening. He leaves home, and within 15 minutes, he's laying comatose, said the boy's aunt, Nichole Vernon. He was brain-dead, and it was just a regular fender-bender. The death of a child who loved basketball and teaching his neighbors sign language again focuses attention on a device that can claim the lives it was designed to save. An air bag can move up to 200 mph in the fiftieth of a second it takes to inflate, according to a federal study. According to the National Highway Traffic Safety Administration, 113 people, 66 of them children, have been killed by air bags since they were required in new cars in 1990. Children 12 and younger are advised to ride in the back seat. Though federal statistics show that air bags have saved nearly 3,500 lives, changes are already being made to make them safer. According to the CHP, Christian was riding with his father, Kingsley Jones, 41, in the family's 1995 Plymouth Voyager van. Christian, Vernon said, was on vacation from school and was going with his father to work at a photocopier company in Riverside. Traffic on westbound Highway 60 near Day Street in western Moreno Valley was typical for a Monday morning at 8:15. Heavy. Slow-moving. Stop-and-go. CHP investigators believe -- they are not certain -- that Christian may not have been wearing his shoulder-lap seat belt. When Kingsley momentarily took his eyes off the road and said something to his son, he didn't see the 1991 Eagle Premier stopped in front of him, CHP Officer Howard Lester said. The van hit the Premier at an estimated 15 to 20 mph. The Premier hit a 1987 Toyota Celica ahead of it. And that pushed the Celica into a 1994 Toyota Paseo. The collision caused the Voyager's air bags to inflate. Christian, who was apparently reaching down for something, was hit by the device, Vernon said. It's hard to say what extent a failure to wear a seat belt would have had, Lester said. "It may have lessened his forward motion, but I'm not an expert in these matters. The experts, with what the CHP calls its Multi-Disciplinary Accident Investigation Team, may soon take over the probe, he said. Meanwhile, as the nation celebrates a day of thanksgiving, the Jones family is left to deal with its grief. Christian's parents were too distraught to talk about their second of four sons, Vernon said. Family and friends streamed into their Moreno Valley home to offer support and help make funeral arrangements for the 10-year-old who would have celebrated his 11th birthday next month. On top of the television was a school picture of Christian the family had just framed last week. He was a real happy-go-lucky kid, Vernon said. He loved to play basketball all the time, and he used to teach people how to sign. Signing was one way Christian communicated. He wore a hearing aid behind each ear after a case of measles at age 15 months robbed him of 75 percent of his hearing. His family moved to Moreno Valley from Baldwin Hills in Los Angeles about 15 months ago to be closer to Christian's school, the California School for the Deaf in Riverside, where Christian starred on his class basketball team. Vernon said the accident has made the family think about a device many people take for granted. Complaints about air bags led federal officials to allow the installation of air bag on-off switches in January 1998. But motorists must first receive authorization from the National Highway Safety Traffic Administration and qualify as an at-risk motorist. The switches can be installed at dealerships or authorized companies. To be eligible, a motorist must have a medical condition that could be aggravated if struck by an air bag; be unable to adjust the driving position to be at least 10 inches from the steering wheel; drive in a car pool that requires a child 12 or younger to ride in the front seat; or be unable to avoid putting a rear-facing infant seat in the front seat. Federal officials are also requiring the development of more advanced air bags with more sophisticated crash sensors to detect the speed of a crash and determine the height, weight and position of a passenger and if they are wearing a seat belt. People need to think about it before putting their kids in the car, Vernon said. (Source : Unknown) ************************************************************* DISABILITY RIGHTS ADVOCATE SUES NEW DISNEY PARK FOR ADA VIOLATIONS (Orlando, FL) - A disabled-rights advocate from South Carolina has sued Walt Disney World, claiming facilities at its newest theme park violate the Americans With Disabilities Act. Larry McIver filed the lawsuit [in November] in Orlando federal court and is seeking a court order that would require the theme park resort to comply with the ADA. He also is asking for unspecified damages and reimbursement for his legal costs. Parking spots at Disney's Animal Kingdom theme park were allegedly improperly marked and didn't meet other ADA specifications, said McIver, of North Charleston, S.C He also claimed that counter tops inside the park are too high, bathroom doors are too heavy for wheelchair users like himself to open, ramps were built without railings and wheelchairs aren't allowed in its petting zoo. McIver, who has muscular dystrophy, said he spoke to Disney officials about his concerns but was unhappy with the company's reaction. “The only response I got was 'Put it in writing and we'll consider it,” said McIver, who has filed several lawsuits claiming ADA violations in South Carolina. Disney spokesman Bill Warren had no comment. (Source AOLNews via ADA NETWORK) (Editor's Note: Mickey Mouse still has not learned. Worse is that leaders of some recreational Deaf organizatons has yet to learn anything out of these actions by our disability advocates.) ************************************************************* THUG SHOOTS DEAF MUTE IN ROBBERY By Rocco Parascandola, Douglas Montero and Christopher Francescani A gun-wielding thug who robbed a Brooklyn bodega shot a 51-year old deaf mute who helps out at the store and lives around the corner with his elderly mother. Delores Perez, 79, who has cared for her disabled son, Philippe "Ja-Ja" Figero, since his birth, spent the holiday by his side as he lay wounded in a Brooklyn hospital bed. "It won't be Thanksgiving for me," she told The Post. Asked how she felt, the retired factory worker sighed and said, "You can't imagine." Henry Morel, 19, son of owner Antonio Morel, said the gunman entered the store, on Evergreen Avenue in Bushwick, on Wednesday night, bought a soda, and paid a dollar for it. As he walked out, he pulled a gun on Figero - who was standing just inside the door - and demanded money, Henry Morel said. "Since [Figero] couldn't understand because he was deaf, the gunman repeated it and then he just shot him. [Figero] was screaming and mumbling incoherently. At one point, he seemed to die," Morel said. "I couldn't do anything. I just turned my back and raised my arms. I didn't want to see his face." Then the gunman approached Morel as Figero lay bleeding on the floor behind him. Morel emptied the cash register of about $100 and gave it to the thief. Yesterday, Morel said he is too afraid to work in his father's store anymore. "I'm scared [the gunman] might come back looking for me." Morel said Figero is a helpful assistant and comes in seven days a week to keep an eye out for shoplifters and watch cable television. Figero was rushed to Kings County Hospital, where he remains in stable condition with a gunshot wound to the stomach. Perez, the victim's mother, said she was told of the shooting by a neighbor. Police barred her from entering the bodega, but she could see her son lying on the floor, bleeding. As for the gunman, she said "God will punish him. He will get justice from God." Perez said she spoke to her son at the hospital. "He opened his eyes and looked at me," she said, adding that he was too weak to communicate in sign language. "I'm just happy he's going to be OK." (Source : New York Post) ************************************************************* 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 ************************************************************* MASSACHUSETTES JUDGES RULES IN FAVOR OF DISABLED YOUTH CAMBRIDGE, Mass. (AP) -- A youth attending an out-of-town school because of a reading disability can play hockey for his hometown high school, a judge ruled. The ruling Tuesday could greatly affect special needs students, advocates for the disabled said. The Massachusetts Interscholastic Athletic Association had refused several times to waive its rule and allow 18-year-old Jason Galofaro of Hudson to play for Hudson High School. The MIAA rule, intended to keep schools from stacking their teams with good athletes from outside their districts, required students to play for the school they attend. Galofaro is a senior at Keefe Technical-Vocational High School in Framingham, which has only a junior varsity hockey team. He said he would have no hope of being recruited by colleges and possibly getting a hockey scholarship if he remained on the Keefe team. Not allowing Galofaro to play for Hudson discriminated against him because of his disability, Judge Herman Smith ruled in Middlesex Superior Court. Galofaro would be eligible to play for Hudson High if he were not disabled and would lose a great deal if not allowed to play, while the MIAA would ``suffer no significant harm,'' Smith said. ``This is the best Christmas present Jason could get,'' said his mother, Rose Galofaro. ``This boy eats, sleeps and breathes hockey. ... He was so used to being told no, he was anticipating the worst. He's ecstatic.'' Hours after the ruling, Galofaro donned his skates for Hudson High on Tuesday afternoon, taking part in a practice session. ``This is a critical decision enforcing the civil rights of students with disabilities,'' Julia Landau, a lawyer and special education expert with the Massachusetts Advocacy Center, told the Boston Herald. Roger Dowd, lawyer for the MIAA, said it could be disastrous to let students move from school to school, picking programs they want. Associated Press ************************************************************* RESOURCE OF THE MONTH: Community Healing and Advocacy Reform Movement is a brand new organization of people with hearing disabilities. It is based in Encino, California. The main objective is to encourage reforming of the Deaf and disability advocacy system. CHARM Website: http://victorian.fortunecity.com/churchmews/354/ ************************************************************* Disability Lawsuit List. ALASKA HUMAN RIGHTS ACT REQUIRES REASONABLE ACCOMMODATION Moody-Herrera v. Alaska Dept of Natural Resources (Alaska 11/27/98) http://www.alaska.net/~akctlib/sp5050.txt Although the Alaska Human Rights Act prohibits discrimination against disabled employees, the statute does not explicitly state that an employer has a duty to accommodate a disabled employee. The Supreme Court of Alaska has now held that the statute does require reasonable accommodation. The court considered the following: (1) The Alaska statute's use of the word "discriminate" does not necessarily include a duty to accommodate. (2) An amendment of the Alaska statute directed the Alaska Human Rights Commission to adopt regulations concerning reasonable accommodation (but the Commission has not adopted regulations). (3) The legislature failed to enact a proposed amendment which would have potentially eliminated a duty to accommodate. (4) A duty to accommodate would be consistent with the statutory purpose of enabling disabled persons to participate fully in economic life. (5) Older decisions of the Alaska Human Rights Commission suggest that the Commission interpreted the statute as imposing a duty to accommodate. (6) Other states have interpreted similar statutes as including a duty to accommodate. Notwithstanding the court's interpretation of the statute, it upheld summary judgment for the employer. Moody, who had a hearing impairment, was unable to perform the relevant job even with a reasonable accommodation. Therefore, she did not establish a prima facie case. Even if she had established a prima facie case, the employer reasonably accommodated her. ATTENTION DEFICIT DISORDER MAKES NEUROLOGIST UNQUALIFIED Robertson v. The Neuromedical Center (5th Cir 12/03/98) http://www.ca5.uscourts.gov/opinions/pub/97/97-31169-CV0.HTM Robertson was a neurologist with attention deficit hyperactive disorder. He was discharged four moths after being diagnosed, and sued under the ADA. The District Court granted summary judgment for the employer; the 5th Circuit affirmed. Robertson was not "qualified" because he could not perform the essential functions of his job. The court rejected Robertson's argument that his administrative duties were not essential functions, finding that these are one of the main reasons for having this position in the first place. The court rejected several proposed accommodations on the ground that they were not possible: part-time position, no call duty, hiring a clerk to oversee the administrative duties. Further, Robertson posed a "direct threat" to the health and safety of others. ************************************************************* This month's recipients of the Deaf Watch Award. Dee's Doings Http://www.flash.net/~deepeke Great Site! Charlie's Palace Http://www.flash.net/~defsmith Great Site! Manila Christian Computer Institute for the Deaf Online http://www.geocities.com/athens/9385/mccid.htm Excellent resource! Westcoast Association of Visual Language Interpreters http://www.wavli.com Excellent resource! ------------------------------------------------------------- - DEAF WATCH - Federal ID Number : 33-0765412 - Circulation by direct EMAIL : 371 Subscribers - Circulation by indirect EMAIL : 9755 Subscribers - Chief Editor/Editor : Richard Roehm - 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 ---------------------------------------------------------- - Education is the best gift that lasts a lifetime! - Help someone subscribe to The Deaf Watch Newsletter ---------------------------------------------------------- - 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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