DEAF WATCH----July 26 1997 Greetings, HAPPY ADA ANNIVERSARY! First of all today is the seventh (7th) anniversary of the signing of the Americans with Disabilities Act. This law has paved the way for better living and working environments for the disabled community. The ADA has helped millions of disabled Americans become more accommodated at their workplace. The ADA has empowered us 'disabled citizens' to do the enforcing and that's where we as Deaf people need to improve. We must test restaurants, movie theaters, stores, theme parks, hotels, hospitals, and law enforcement more vigorously than before. We can't just turn our backs on our civil rights movement because we have laws passing to help us. WE ALSO MUST PARTICIPATE IN THE ENFORCEMENT OF ADA! This law is just a piece of paper. We must go and find establishments that are not accessible to Deaf or disabled consumers and share your findings and communicate with the establishments and help them become accessible. I understand that not all establishments will bow to us right away. We may have to take action like demonstrations, protests, or class action lawsuits. Civil disobedience should always be used as a last resort! After researching, is it is safe to say the law has not been as effective as hoped. Almost everybody thought the law's biggest benefactors would be blind and Deaf people. However, less than 10% of the claims filed with the EEOC are actually from Deaf and blind people. The top two filers are people with back problems, and mental illness. Also discovered the courts generally have interpreted the ADA in a restrictive manner with the big question being in the definition of a disability. The law presently says that in order to be considered disabled, the person must have a "physical or mental impairment that substantially limits one or more of the his/her major life activities". The courts have been defining "substantially limits" to mean that the employee is excluded from a large group of jobs, not just a few. For example, a police officer who could no longer perform police work is not considered disabled because he could do many other types of work. Due to this restrictive trend in the federal courts, disability attorneys have turned to state disability laws, which some courts are interpreting more broad and liberally. Few interesting cases: WILMARTH v. CITY OF SANTA ROSA, 945 F.Supp. 1271 (N.D. California, 1996) TEMPORARY DISABILITIES ARE NOT COVERED. A recent case, a woman who had carpal tunnel syndrome for two and a half years, but then had surgery and was completely cured, could not claim disability discrimination when she was not reinstated. The court also found in that case that even if she was disabled, she was not "qualified" because she could not perform an essential function of the job which was typing four hours a day. ******* Martinson v. Kinney Shoe Corp., 104 F.3d 683 (4th Cir., 1997) A shoe salesman was often required to work alone in the store who suffered repeated epileptic seizures while on the job. The Court of Appeals ruled the company had a right to terminate his employment, even though he had received Employee of the Month awards at least 2 times, he was not able to perform the required duty of providing store security. ******* PRILLIMAN v. UNITED AIR LINES, INC., ___Cal.App.4th ___, 97 C.D.O.S. 2173 (CA 2, March 25, 1997) Under the ADA, courts have been holding that employees have a duty to request reasonable accommodation. But in the California case, the court held that once the employer was informed of the fact of a disability, it had a duty to initiate a discussion with the employee about other options, including reassignment. The fact that the employee did not request an accommodation or reassignment was irrelevant. Now you all see that ADA isn't a fierce law that we all hoped it to be. I'm hoping that we all lobby our legislators to add a few more teeth to ADA. There are people that are working hard to weaken and/or dilute the ADA we need to keep a close watch on those people. On another note, Deaf Life Publisher has decided to capitalize on the domain names of several other Deaf newspapers and organizations. Greed under the guise of unity is unethical and unprofessional. I am very disappointed at bit.listserv.deaf-l being closed during my week long 'Countdown to ADA anniversary' educational broadcasts. I had posted very valuable information each day of this week to several ADA and disability and advocacy newsgroups. My special program was geared to educate the deaf community and with the main medium shut down because the owner does not trust anyone else to keep it open while he/she is away on vacation. This has prompted me to develop a new newsgroup similar to deaf-l and will be run by a committee. Keep an eye on Deafwatch.com for news on this new newsgroup. Finally, I give the Deaf community in Georgia a high-five for their guts to show the hearing world that when we say that we want access, WE MEAN WE WANT ACCESS AND NOTHING LESS! I encourage other Deaf communities to follow the example set by Deaf consumers in Georgia. We must continue to stay united and work together to eliminate handicapism and discrimination at all levels. The Editor ************************************************************* 'FLASHPOINT' NEWS FROM GEORGIA Community Demands Equal Access at Variety Playhouse & Ticket Master & Lea Delaria Productions The Variety Playhouse denied equal accommodations to several Deaf patrons requesting interpreters for a Pride related show- Lea Delaria next weekend. Variety Playhouse uses Ticket Master for a portion of their ticket sales. Both Variety Playhouse and Ticket Master and Lea"s manager rejected to met federal law enjoining public entities to equal access. Southern Voice ran a full page article (June 19 issue-writer Laura Brown ) and started making the public aware. Amazingly, most place will provide interpreters-The Otherside, Pride, and other community events. We appreciate and applaud those who provide equal access. However, ADAPT- American Disabled for Attendant Programs Today, D.E.A.F.-Demanding Equal Access for All, and DQIA- Disabled Queers in Action, and other groups demand that Variety Playhouse and Ticket Master agree to met the following items by noon Wednesday 25 June 1997 in writing. 1. Two Qualified Interpreters will be provided at no additional charge to the consumer by Variety Playhouse/Ticket Master/Lea Delaria Productions for Lea Delaria show on Saturday June 28th as per the request of Mary K. and friends-qualified persons with disabilities. This shall include appropriate placement of interpreters and their consumers per ADA and consumer input. 2. A written public apology by each Playhouse & Ticket Master & Lea Delaria Productions to Mary K. and friends because of the denial of reasonable accommodation as per ADA and denial of equal access under federal/state law. 3. A written plan of action by each-Playhouse/Ticket Master/Lea Delaria Productions- on their steps to met ADA compliance. < ADA requires a transition plan by 1992> 4. A written formal policy that complies with ADA and state laws pertaining to equal access. A. The full policy shall be printed in ETC, Southern Voice, Creative Loafing, and AJC through paid advertisements or other by July 25, 1997. B. All advertisements by Variety Playhouse/Ticket Masters and affiliate will have an TYY number for Deaf/ Hard-of- Hearing Persons to call. (This may include Variety Playhouse/Ticket Master buy a TTY) C. All advertisements will have a person in-charge of accommodation. All ads will say: "for further access information or request please contact..." (insert person/phone number responsible for setting up access/accommodation per ADA) 5. Playhouse/Ticket Master/Lea Delaria Productions will commit all employees to ADA training and disability awareness by members of ADAPT/DEAF/DQIA. The first meeting will be agreed to be scheduled by deadline below < a meeting date will be announced by that time>. 6. A written and verbal public statement by Playhouse/Ticket Master/Lea Delaria Productions representatives of the above on June 27 at noon for Press Conference in front of Variety Playhouse. These items will be faxed to (770) 908-9354 by noon to our contact person at (770) 908-9354. If these are not faxed (by each Playhouse/Ticket Master/Lea Delaria Productions) by noon Wednesday, then we will file our complaints with the Department of Justice. Secondly, we will protest starting Friday 27th at noon and inform the press of the violations of the law & denial of equal access. Third, we will seek and inform national (including ADAPT, NOW, ACLU, others) and local groups to protest/zap/demonstrate in a variety of ways until we reach reconciliation and compliance with the above demands. We are non-violent and are dedicated to civil disobedience if necessary to ensure equal access for all. Then on 6-27-97 Deaf people protested in front of Variety Playhouse seeking equal access for all because they refused to comply with the ADA in providing an interpreter. Variety Playhouse Manager Steven Harris refused to meet with us, and he called the police to try to arrest us for protesting. Over 20 different police officers came to this non-violent protest organized by ADAPT, DEAF, And DQIA. Several reporters followed the story and were appalled at Harris"s demand to arrest us. Officers asked Sandy Marchman if he would lip-read or write notes. This strong DEAF/ADAPT activist wrote back: please get a qualified interpreter-see the Americans With Disabilities Act. Police stated they would arrest us for drawing with chalk on the sidewalk. We countered we did not destroy property and the words were true: Harris denied access, Equal Access for All, and Variety Playhouse segregates based on disability. The police tried to find a qualified interpreter but failed to do so after an hour. We left peacefully and without arrest. To the positive, Lea Delaria herself paid for the interpreters and we reached an agreement to not protest during that show. The Variety Playhouse did print that this show was "sign language interpreted for the hearing impaired" because Lea Delaria manger demanded they do that. Why ? Because Lea"s manager said," Leahs fans will not cross a picket line". Meanwhile we filed a Department of Justice (DOJ) complaint about Variety Playhouse and its segregation. We believe Harris is another George Wallace-standing and blocking the doors saying "segregation now and forever" by Harris"s refusal to even consider access! Segregation- separating someone based on some kind of characteristic is not only morally and spiritually wrong, but also illegal! Would Harris say "go to the back of the bus?" NO- what he has said to people with disabilities-the deaf community- is that we do not even want you on the bus--but we will be happy to take your money and offer no services. Like the Montgomery Bus Boycott, the bus company complained they would loose money- Like the segregationist who said black people coming into their businesses- they would loose consumers & money... Like many segrationalists - they claim economic loss-if they served that minority. We want equal access NOW! Likewise Harris claims "an undue burden"-We believe his attitude is the undue burden to all our sisters and brothers- The ADA spells out that public accommodations such as the Variety Playhouse must comply because it is also the right thing to do. We will continue to protest and seek justice. (From Zan Thornton adaptgazan@MINDSPRING.COM) ************************************************************* LET'S ALL CELEBRATE ADA'S SEVENTH ANNIVERSARY COLLEAGUES, WE HAVE MADE PROGRESS TOWARDS PROTECTING OUR RIGHTS FROM THE FORCES OF RETREAT, BUT THE WAR IS NOT YET WON. OUR CHALLENGE IS STILL VERY LARGE INDEED. Thanks to your dedication, in the present David and Goliath struggle, we have won some crucial battles -- battles that others thought impossible for us. The battle for the IDEA, the battle for Medicaid, the battle for the ADA; every day we are fighting more and more like winners. BUT MORE BATTLES AWAIT US, the battle for the CASA, the battle for SSI for kids with disabilities, the ongoing battle with those who want to weaken the ADA. THE GUTTING OF THE ADA WOULD GUARANTEE LONG TERM DISASTER in every area. Citizens with second-class civil rights always get second class education, second-class services and second-class access to jobs, housing and the community as a whole. WE MUST UNDERSTAND that the absence of advocacy, or even advocacy as usual, is not going to achieve our goals in the coming years. WE MUST ENSURE that we are vigorously, positively active to create and promote new perceptions and new relationships at the national, state and local levels. (From Justice For All) ************************************************************* All complaints and requests for mediation should go to the following address: Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 ATTENTION: Mediation Program ************************************************************* Due to recent discussions in the internet involving the law enforcement. Here's a few questions and answers from U.S. Department of Justice "Commonly asked questions about the Americans with Disabilities Act and Law Enforcement" booklet. III. Effective Communication Q. Do police departments have to arrange for a sign language interpreter every time an officer interacts with a person who is deaf? A. No. Police officers are required by the ADA to ensure effective communication with individuals who are deaf or hard of hearing. Whether a qualified sign language interpreter or other communication aid is requested will depend on the nature of the communication and the needs of the requesting individual. For example, some people who are deaf do not use sign language for communication and may need to use a different communication aid or rely on lipreading. In one-on-one communication with an individual who lipreads, an officer should face the individual directly, and should ensure that the communication takes place in a well-lighted area. o The ADA requires that the expressed choice of the individual with the disability, who is in the best position to know his or her needs, should be given primary consideration in determining which communication aid to provide. The ultimate decision is made by the police department. The department should honor the individual's choice unless it can demonstrate that another effective method of communication exists. o Police officers should generally not rely on family members, who are frequently emotionally involved, to provide sign language interpreting. Q. If the person uses sign language, what kinds of communication will require an interpreter? A. The length, importance, or complexity of the communication will help determine whether an interpreter is necessary for effective communication. o In a simple encounter, such as checking a driver's license or giving street directions, a notepad and pencil normally will be sufficient. o During interrogations and arrests, a sign language interpreter will often be necessary to effectively communicate with an individual who uses sign language. o If the legality of a conversation will be questioned in court such as where MIRANDA warnings are issued, a sign language interpreter may be necessary. Police officers should be careful about miscommunication in the absence of a qualified interpreter-- a nod of the head maybe an attempt to appear cooperative in the midst of misunderstanding, rather than consent or confession of wrong doing. o In general, if an individual who does not have a hearing disability would be subject to police action without interrogation, then an interpreter will not be required, unless one is necessary to explain the action being taken. Q. Do I have to take a sign language interpreter to a call about a violent crime in progress or similar urgent situation involving a person who is deaf? A. No. An officer's immediate priority is to stabilize the situation. If the person being arrested is deaf, the officer can make an arrest and call for an interpreter to be available later at the booking station. ************************************************************* This month's recipients of the Deaf Watch Award. Deaf Information Center in JAIST (http://www.jaist.ac.jp/~tokuda/infoCenter-e.html) This is a very good and resourceful Japanese website. The Crossroads Foundation (http://www.getonthe.net/crossroads/index.html) A very good and resourceful site and nice animations. Sign Language Page (http://www.clandjop.com/~brown/sign.html) This is a good and resourceful site. Utah Association of the Deaf (http://www.uad.org) Way to go Utah! North Carolina School for the Deaf (http://www.hci.net/~ncsdtech) This is a good and resourceful site. Stu Klugler's Homepage (http://ouray.cudenver.edu/~sklugler/) Good website! Internet Resources for Special Children (http://www.irsc.org/) An excellent resource site! SIGNS of the TIMES (http://fly.hiwaay.net/~ramseyt/Deaf/) A very nice site. The Betty and Leonard Phillips Deaf Action Center of Louisiana (http://www.deafactionofla.org/) A very nice website. ************************************************************* Letters from readers. Hi folks! Here is another case of discrimination which I feel is important to share with the Deaf Community and the supporters. Important that we stay United! Anyway, the NAD (Natl Assn of Deaf) Law Center did not think this was a priority or a good enough case to review. I, as a deaf person, applied for a part-time job at SuperCrown Books in Wash. DC. Was offered an interview. I went without an interp but seemed to go very well. The manager, Susan Bond, and I communicated by writing. She said she was interested in hiring me but would get back to me as soon as she contacted her supervisor. I never heard from them again. I called and left msgs and showed up at the store to follow up but the manager was never in. I let this one go. Then I applied for the second time at the same store. There was a different manager, Ann Haak, who interviewed me and this time I brought a volunteer interp. It also went well and at the end of interview she said, "Don't tell this to anyone but I want to hire you and have to talk to my supervisor about getting an interpreter for the two days training." I was happy to be able to earn extra $$. However, I never heard from them again. I did the same thing, showing up, leaving messages. Then a person at the store said the supervisor did not want to pay for an interp at the training. I filed a complaint with EEOC. They said it was not good enough but sent me the "Right to Sue," papers. I asked NAD if they could help me out. They turned me down. I would like to ask for your support and call SuperCrown Books at 202-319-1374/voice and demand that they hire a deaf person. Talk to a manager there. And spread the word about their bigotry. Or, for those tight on budget, write to SuperCrown at 11 Dupont Circle NW, Washington, DC 20009. MANY THANKS!!! Let's stay United!!!! Alex -------------------- I got a bone to pick, in regards to the situation of the Saturn car commercial. I know this occurred a while ago and probably all forgotten about. Obviously, not with me and I must "ventilate" this so I can move on. Every time I see a show or something on TV with a person signing, it makes me feel right at home and I sit back and smile because that is one more person on national TV and that is another "acceptance point" to mark on the board. I love it. Especially when it comes to a large corporation willing to fork over the thousands or even millions of dollars not to mention the time and effort they put into a population which is clearly underserved. Then I hear of all these repercussions from the individuals of the deaf community that Saturn should ban the commercial and Saturn should get their **** straight prior making these commercial (I'm sure by now they ain't gonna even have anything to do with the deaf community) which will make it that much harder to influence the "hearies" that we are NOT "deaf and dumb". If we (deafies) can "bite the stick" and have the PATIENCE TO EDUCATE the "hearies" AND NOT SMACK THEM IN THE HEAD WITH A BOARD, and stop being so judgemental, then perhaps we would not be one of the oldest community organization (NAD) and the least amount of power and money. Take a hard look at the National Federation of the Blind (NFB), NAACP and many other organizations who have "polictical clout" and money and SERVICES which accomadates their needs. No wonder why we have such a hard time to get funding for specific needs and why the corporations "don't answer our calls", unless litigations arise. If someone has something to say, please add the point to whatever you are saying and better yet add the possible solutions. We should develop mediation skills and apply them. I also have some hurt feelings for the Lady on the Island which I have been there many times and I know the lifestyle there. Often can become lonely and closed in, not having access to simply go for a drive across the states (you need to fly off the island which is expensive and takes at least six or seven hours just to get to mainland). Also her being reared by hearing people (which she had no choice or say in lifestyle during childhood due to lack of choices and SERVICES). Which lead for her to "oralism". Fact remains that if she was ever given a choice in life. I would bet she would prefer to live in the deaf world (if she was permitted), all silent no speak, all sign and not having to worry about figuring out what the speaking person said, which takes alot of energy and patients. Am I seeing the "KLU KLUX KLAN" of the deaf community or is it the "NEO-NAZI" Attitude?. If it is then, I would have to say these are the cruelist from of discrimation I have encountered. I believe my dad had these experience during the Black segregration days in Alabama. I personally remember the drinking fountain was seperated at the train station in Birmingham. They had one for the whites and one for the blacks, boy we sure came long ways since then and it has truly worked out for the better. But this thing with the deaf community? Well um, I don't know what to say. with despair, Billy Allen ril@uscom.com ----------------------- The Sunday Star Ledger(NJ) released on 6/23/96, "To check if the FBI has a file on you and get a copy, send a notarized Freedom of Information request along with your date of birth, place of birth, Social Security number and a daytime telephone number to: Federal Bureau of Investigation, Freedom of Information/Privacy Act section, 935 Pennsylvania Ave., NW, Washington DC 20535. Because of a backlog, it could take as long as two or three years to process your request. For the average American, having an FBI file may be a novelty. But for prominent officials it raises serious concerns because of how the material is handled and who has access." Well this provision is very important for some others too. The profile most dangerous criminals that are subject close attention FBI includes loneliness and isolation that are typical for people experiencing any kind communication problem. It's natural to involve FBI in overseeing people with communication disorders refusing enroll in controlled by psychiatrists work place environment of Vocational Rehabilitation Services. Another segment population with communication problems is newcomers. National Security Interests is the most frequent basis for deprivation even basic Human Rights people. History shows exactly clause National Security was used as a ground for mass persecution in same instances millions people. Let's hope such opportunity will help correct at least in some cases information like in file Consumer Credit Report Agencies. It should be considered that files at FBI are combined often from testimonies informants that aren't bonded oath to provide accurate information and often influenced by feud or rivalry. Lev Pribytkov l.pribytkov@juno.com ----------------------- To Whom It May Concern, I choose not to use my name for privacy purposes. I am hoping that perhaps there is someone who will be able to shed some light on my question. My daughter, Sarah, began having reoccurring ear infections at the age of 2 months. Being in the USN, we used the medical resources available to us to have her seen for this problem. She was placed on an antibiotic used commonly for ear infections, Amoxicillin. She continued to have more ear infections over a period of 9 more months, and we continued to have her seen by a Health Care Provider. She was continually placed on Amoxicillin, and not placed on a stronger antibiotic until I began questioning it's effectiveness in fighting her infections. They then began placing her on Bactrim, Gantricin, and other various antibiotics. Nothing ever seemed to work effectively for her. I requested a consult from this particular Naval clinic for Sarah to be seen at the ENT clinic at the Naval Hospital so they could assess her for tube placement to avoid this painful, reoccurring problem for my child. They in turn refused my request, for, as they put it, "It's unlikely they will put tubes in if she's under 1 year of age anyway." We did not force the issue until her eardrums ruptured at 11 1/2 months old. My husband then decided to take it up with the head of the ENT department on his own, and shortly before her 1st birthday, they did the surgery for her tube placement. We did not think anything about it after that; we didn't seem to notice that our child was not developing language skills as she should. We did not think anything about it; we didn't seem to notice that she would not respond to her name or startle if we made noise behind her. So at almost 2 1/2, we decided to have a Sedated ABR done to check for possible permanent hearing damage. To our dismay, she was diagnosed with Moderate Bilateral Sensori-neural Hearing Loss (60dB). She has been since issued hearing aids and our journey into the world of permanent deafness has begun. We are learning sign so we are finally able to communicate with our little girl who for 2 1/2 years went without hearing anything under 60 dB of sound, including our voices, music, television, lullabies. They have not able to guarantee that the hearing she DOES have will not deteriorate in the future. I suppose my question is this: Is it at ALL possible that she would be able to hear if the doctors at this clinic had treated her more aggressively and/or got her seen by a professional in this field sooner? Can reoccurring ear infections cause nerve deafness? I have never been given a clear cut answer to my question by anyone before, and have read about a condition called "glue ear" where infections go for so long untreated or not treated properly that it causes deafness. Since we found out she was hearing impaired, (October 1996), she has continued to have ear infections which have caused rupture of her ear drums two more times. Yet I am still faced with having to go through more series of antibiotics and assessments to have another set of tubes placed in her ears in order to prevent this from causing damage to what hearing she has left. Her middle ears are full of scar tissue, damage from years of what I consider neglect. I hope if this gets to other parents that they will be aggressive with the health care system. Even if not ear infections do NOT cause hearing damage, having to watch a child suffer through what my little girl has suffered is enough. Physicians, in my opinion, need be more tenacious about diagnosis and treatment of this common childhood problem. When the same antibiotics are used too commonly, a resistance is developed to them. Perhaps this needs more attention brought to it!! Thank you for your time. I appreciate it deeply. (if anyone has information useful to the writer of this letter please email me and I will forward it for you.) ------------------------------------------------------------- - DEAF WATCH - Circulation by EMAIL : 223 Subscribers - Chief Editor/Editor : Richard Roehm - Orange County, California - Internet : Deaf@activist.com Deaf_activist@deafwatch.com - Nesmuth@bbs.hwsys.com - Nesmuth@concentric.net - DEAF WATCH Http://www.deafwatch.com - Http://home.hwsys.com/users/roehm/deaf.htm - Visit Http://home.hwsys.com/users/roehm/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 NESMUTH@BBS.HWSYS.COM - - Mailing lists are not sold/given to anyone. -------------------------------------------------------------