DEAF WATCH----MARCH 1999 Greetings, Once again I am pleased to be rolling back to normalcy after a long hiatus to prepare myself and recover from a sucessful open heart surgery. Just prior to the surgery I was delighted to see that the California Democratic Council has approved my two resolutions submitted to help people with disabilities. Finally I am happy to be going back online with the advocacy projects. Lots of work still need to be done to help people worldwide with disabilities empower themselves and lead productive lives so they can be contributors to society not as dependents. Richard Roehm ************************************************************* MAN CONVICTED OF RAPING DEAF WOMAN PITTSFIELD, Mass. (AP) -- A man accused of raping a deaf woman was convicted after a judge rejected his claim that he didn't understand the woman's sign-language protests. Byron Bevins, 31, was sentenced to 12 to 15 years in prison Wednesday after he was found guilty by Judge Judd Carhart in a non-jury trial. Prosecutors said the Brattleboro, Vt., woman, who had been visiting Bevins, had emphatically protested in sign language as she was assaulted. Associated Press ************************************************************* DEAFWATCH.COM SITE ADDITIONS Site visitors will notice some changes on the website. 1) 3 new pages: - Deaf Spectrum Resources for Deaf people who want to explore alternative lifesytles. - Cochlear Implant Resources Both sides of this hot issue! - Deaf Parent Resources An excellent resource for Deaf parents especially when society considers them unfit parents and try to take their children away. 2) Essential resources have been clearly marked on website with small blue triangle for easier identification. 3) Banner advertising changes. We have decided to end the free bannerr ad system due to the continuous need for resources to support several projects that will guide the Deaf community into the 21st century, and toward the promised land of fairness, equality, and justice. As DeafWatch.com slowly evolves into a portal site, these changes are neccessary to help us continue to provide valuable services to the community. ************************************************************* ROEHM'S RESOLUTIONS APPROVED BY CALIFORNIA DEMOCRATIC COUNCIL (CDC) 2 resolitions designed to benefit people with disabilities were submitted by Richard Roehm and approved by the CDC. (Resolution #1 to ask that California withdraws from it's support of ADA threateneing L.C. v Olmstead case) DEMOCRATS OF NORTH ORANGE COUNTY, CALIFORNIA A PROPOSED RESOLUTION for consideration by the CALIFORNIA DEMOCRATIC COUNCIL regarding L.C. v. Olmstead, 1998 WL 163707 WHEREAS people with disabilities have been incarcerated in institutions against their wishes for many years, and Title II of the Americans with Disabilities Act prohibits discrimination against individuals with disabilities in the provision of public services by state and local governments; and WHEREAS Section 12132 provides that "no qualified individual with a disability shall, by reason of their disability, be excluded from participation in, or be denied, the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity;" and WHEREAS on April 8, 1998, The 11th Circuit U.S. Court of Appeals issued a ruling in a case of first impression, in which patients challenged their continued confinement in psychiatric facilities in Georgia. The Court held that: 1) The ADA and the Department of Justice's integration regulation prohibit the state from confining people with disabilities in a state run institution when that individual could be more appropriately treated in a more integrated community setting. 2) The continued confinement of patients in state psychiatric hospitals, in segregated environments, violated the ADA, despite the state's claim that it did not have funds available to fund alternatives; and WHEREAS the State of California under the Republican leadership of Gov. Pete Wilson and then-Attorney General Dan Lungren filed a brief supporting Olmstead's appeal of the The 11th Circuit U.S. Court of Appeals ruling on the L.C. v. Olmstead, and Olmstead's appeal stated that the effect this ruling will would be cost burdensome to institutions, the Civil Rights Commission's reported on October 2, 1998, they have made it clear the cost of compliance is not an appropriate argument for refusing to enforce the laws Congress has passed. THEREFORE, BE IT RESOLVED THAT THE CALIFORNIA DEMOCRATIC COUNCIL continue to affirm the rights of people with disabilities and ask Governor Gray Davis and Attorney General revoke and withdraw the State of California's support of Olmstead's appeal. THEREFORE, BE IT FURTHER RESOLVED THAT THE CALIFORNIA DEMOCRATIC COUNCIL ask that Governor Gray Davis and Attorney General Lockyer notify Olmsetad that they will withdraw the State of California's brief in support of Olmstead's position. **** (Resolution #2 to ask the Orange County Transportation Authority NOT to raise the bus fares of disabled and senior citizen riders) DEMOCRATS OF NORTH ORANGE COUNTY, CALIFORNIA A PROPOSED RESOLUTION for consideration by the CALIFORNIA DEMOCRATIC COUNCIL regarding ORANGE COUNTY TRANSPORTATION AUTHORITY FARE CHANGES WHEREAS most senior citizens and people with disabilities live on fixed incomes; and, WHEREAS the National Organization on Disability in their Landmark Harris Survey released on July 23, 1998, shows that Americans with disabilities still face gaps in securing jobs, education, accessible public transportation and in many areas of daily life; and the National Institute on Disability and Rehabilitation Research, in their 1998 Chartbook on Work and Disability in the United States, finds that people with a disability are less likely to have a job or business than people with no disability; and, WHEREAS the planned fare changes present an increasing hardship on senior citizens and people with disabilities. THEREFORE, BE IT RESOLVED THAT THE CALIFORNIA DEMOCRATIC COUNCIL urgently demand that the fare rates for senior citizens and people with disabilities remain unchanged. THEREFORE, BE IT FURTHER RESOLVED THAT THE CALIFORNIA DEMOCRATIC COUNCIL notify the Orange County Transportation Authority how imperative it is that the fare for senior citizens and people with disabilities remain unchanged. ************************************************************* DEAF SISTERS SENTENCED EIGHT YEARS FOR SLAVE LABOR EL PASO, Texas (AP) -- A federal judge has sentenced two deaf-mute sisters to eight years in prison for forcing a Mexican family into slave labor. Teresa Lozano, 34, and Guadalupe Lozano, 27, were convicted in November of conspiracy charges involving civil rights, alien smuggling and extortion, plus two counts of involuntary servitude. The sisters, who were sentenced by U.S. District Judge Harry Lee Hudspeth on Friday, could have been given life terms. Prosecutors said the pair lured four family members from Mexico in 1994 with promises of jobs, residency, and government benefits. Instead, the victims, including two deaf-mute adults, were forced to beg for money and sell trinkets, then turn over earnings of about $5,000 a month, prosecutors said. The victims also testified that the Lozano sisters beat them and took their passports to keep them from escaping. The immigration service began investigating the Lozanos early last year after learning of the family's plight from the Mexican consulate, which had received abuse complaints from relatives in Monterrey, Mexico. Associated Press ************************************************************* DEAF INTERNET RELAY CHAT USERS START RECIPE MAILING LIST The Zolar Family Recipe Are you tired of looking at old boring recipes? Would you like a new way to look at recipes? If you do, then this is for you!! Narissa Teeter AKA 'Rissy' and Jeff Anderson AKA 'Zolar' both run this email group. We would like to introduce you all to our cooking recipes. This includes submissions of recipes from deaf people allover the world. This is how it works, if you've got some recipes you'd like to share with us, by all means go ahead and join up with us and you will be able to submit your recipes into "The Zolar Family Recipe" email group. It is free and all you need to do is go to http://www.mindspring.com/~zolar/tzfrecipe.html and sign up with your email addresses there and after you get a verification email from the listbot, you're in! You will be able to start sending your recipes to tzfrecipe@listbot.com If you've got any quesions you're more than welcome to contact Narissa Teeter at garfield1964@hotmail.com and/or Jeff Anderson at drzolar@yahoo.com . ************************************************************* DISABLED FRIENDS OF ALBERT GORE ESTABLISHES WEBSITE New York, NY U.S. -- January 12, 1999. This day marks the beginning of a new era in political activism and national political involvement for persons with disabilities. For the first time in the history of our nation, disabled citizens from all walks of life are becoming involved in the national political process. "It is our belief that Albert Gore, represents the best of what our nation has to offer, and will deliver a comprehensive national disability policy agenda," said Phil Kirschner, President and founder of Disabled Friends of Albert Gore. "So we decided to mobilize our disabled friends and volunteer our time and money for the support of Albert Gore for President of the United States. Not since Franklin D. Roosevelt has their been a candidate who is in touch with our needs." The group has developed a Web site http://www.disabledforgore.org to get their message out to the general public. Here you can make a difference and volunteer your time, or contribute to the election campaign. You will also find voter registration information in your area, assistance to get to the polls, information about mail-in voting if you are disabled and much more. Honorary Co-Chairman for Disabled Friends of Albert Gore includes the Honorable Justin Dart, Father of Disability Rights, Sylvia Walker, PhD and Christopher Rosa, National Vice President, Muscular Dystrophy Association "Our goal is to raise funds to get Mr. Gore elected President and to achieve a voice in national politics and work toward the full implementation of an actual national disability policy agenda," said Mr Kirschner. "This is an opportunity for our disabled friends to make a difference in a national election." For further information, please visit their web site at http://www.disabledforgore.org or contact them by e-mail at philk@disabledforgore.org or by telephone at (718) 642-8095 or fax (718) 642-4836 ************************************************************* SPANISH DEAF NEWS 168/08-02-99 ASAMBLEA DE LA COMISIÓN DE JUVENTUD DE LA CNSE Según informa el Teletexto de TVE, el pasado día 30 de enero de 1999 se celebró la I Asamblea Extraordinaria de Jóvenes Sordos, en la que se hizo un resumen de las actividades realizadas en años anteriores y se eligieron los miembros del nuevo Comité Ejecutivo de la Comisión Nacional de Juventud de la Confederación Nacional de Sordos de España, que hasta ahora contaba con un Comité Ejecutivo Provisional. A esta I Asamblea asistieron los 7 miembros del Comité Provisional, Francisco Javier Blanco Ávila, en representación del Comité Ejecutivo de la CNSE y los 28 delegados de las asociaciones afiliadas a la CNSE que cuentan con Sección de Juventud. Tras las votaciones, salió elegido, con el 82% de los votos, el siguiente equipo, con un mandato por 4 años: - Presidente: Antonio Prieto - Secretaria: Aránzazu Diez - Tesorera: M. Diana Medina - Vocal de Organización: Concepción Martín - Vocal de Actividades Culturales: Sonia Benito - Vocal de Actividades de Aire Libre: M. Isabel Aceituno - Vocal de Asuntos Generales: Susana Obiang 169/08-02-99 WORKSHOP SOBRE EL IC Según informa el Teletexto de TVE, del 24 al 28 de febrero se celebrará en Ellmau/Tirol (Austria) las jornadas Workshop sobre el implante coclear. AICE estará presente en estas jornadas de trabajo. Por parte española estarán los doctores Marco y Morera (Valencia), Sainz (Granada), y Álvarez (Madrid) así como el técnico Julio Rodrico, de Med-el España. Entre otros temas, se hablará de: la compatibilidad entre los teléfonos móviles y el IC, las estrategias de codificación y su papel en la programación individual del procesador del habla, de la implantación coclear bilateral, del diseño de electrodos, de la telemetría, del implante coclear ABI (tronco cerebral) y de los nuevos desarrollos. 170/08-02-99 IU PIDE EL RECONOCIMIENTO OFICIAL DE LA LSE Según informa el Teletexto de TVE, Izquierda Unida presentará en el Congreso de los Diputados y en el Parlamento Andaluz iniciativas para reclamar al Ministerio de Educación y Ciencia y a la Junta de Andalucía la aprobación de una norma legal para el reconocimiento oficial de la enseñanza de la lengua de señas. El responsable de Movimientos Sociales de IU-LV-CA, Andrés Cuevas, defendió la necesidad de que la administrción central y las autonómicas desarrollen medidas en los centros de enseñanza para que la lengua de señas sea impartida en un principio como opción optativa y, de este modo, garantizar la integración social del colectivo de sordos sin ningún tipo de barreras. Andrés Cuevas defendió la necesidad de garantizar la regulación profesional de los intérpretes y, por su condición de miembro del Consejo de Administración de la RTVA, solicitará más espacios subtitulados. Asimismo, pedirá explicaciones al director general de la RTVA, Eduardo Abellán, sobre la situación del convenio suscrito con ZZJ, productora del canal temático Mundovisión de Via Digital, que ha dejado de emitir y ha presentado expediente de despido de sus 41 trabajadores, en su mayoría discapacitados. ----------- InfoSord, "Las Noticias de la Comunidad Sorda" (Revista de la Federació de Sords de Catalunya) C/Pere Verges 1, 8 planta, despacho 12 08020 Barcelona, ESPAÑA Fax: 933055104 E-Mail: mailto:infosord@mx3.redestb.es Internet: http://www.redestb.es/personal/fesoca ----------- NOTA: Si usted desea no recibir más noticias de InfoSord, sólo tiene que pulsar el comando que incluye este e-mail. Gracias. infosord@mx3.redestb.es ************************************************************* 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 ************************************************************* RESOURCE OF THE MONTH: Deaf Today is a new Deaf news website. It carries many submissions by our members. This is an excellent resource for people who want to know the latest news from our community. Http://www.deaftoday.com ************************************************************* Disability Lawsuit List. Sutton v. United Airlines, Inc. No. 97-1943 Court below: 130 F.3d 893 (10th Cir 11/26/97) At issue in this American with Disabilities Act (ADA) case is: (1) whether an airline pilot is excluded from protection under the ADA when her uncorrected vision constitutes a physical impairment under the ADA but the pilots' vision can be corrected; (2) whether the courts should defer to the EEOC Interpretive Guidance that disabilities should be analyzed in their corrected state; and (3) whether an airline pilot is considered "disabled" under the ADA for having poor vision. Under the EEOC's Interpretive Guidance, "[t]he existence of an impairment is to be determined without regard to mitigating measures such as medicines, or assistive or prosthetic devices." 29 CFR s 1630, App. s 1630.2(h) para 2. The courts are split as to whether the EEOC's Interpretive Guidance is correct or is in conflict with the statutory mandate that the impairment "substantially limit" a major life activity as required by the ADA, 42 USC s 12102(2)(A). The court below held that although the pilots' uncorrected vision was a physical impairment within the meaning of the ADA, the pilots' corrected vision did not substantially limit her major life activity of seeing and is therefore not a "disability" under the ADA. --------- Murphy v. United Parcel Service, Inc. No. 97-1992 Court below: 141 F.3d 1185 (10th Cir 03/11/98) At issue in this American with Disabilities (ADA) case is (1) whether the ADA requires a mechanic be evaluated for hypertension in its unmedicated state and (2) whether a genuine dispute existed about whether the employer regarded the mechanic as disabled and fired him because of his hypertension. Without medication, Murphy's blood pressure is approximately 250/160. In August of 1995, Murphy was hired by UPS as a mechanic after a health exam, required by the Department of Transportation (DOT), showing his blood pressure to be 186/124. UPS terminated Murphy after a UPS company nurse concluded that Murphy's blood pressure did not meet the DOT's requirements for commerical truck drivers. The court below held (1) the determination of whether an individual's physical or mental impairment substantially limits major life activity under the ADA's definition of "disability" should take into consideration mitigating or corrective measures, and thus (2) a mechanic whose hypertension, when medicated, did not substantially limit him in any major activity was not protected under the ADA. ************************************************************* This month's recipients of the Deaf Watch GOLD Award. Talking Hands Award http://www.geocities.com/~denny99/talking.htm Let's give these sites a round of applause! ************************************************************* This month's recipients of the Deaf Watch Award. Kailee's Illness http://www.angelfire.com/wi/KaileeKing/illness.html ************************************************************* Letters from readers. TO: Deaf Community FROM: l.pribytkov@juno.com SUBJECT: Monthly Communicator published a letter to Jeffrey Moran, Chairman Assembly Consumer Affair Committee about Bill A2024 with disclaimer, "...This letter...doesn't necessary reflect the views of the M.C. We retains this forum for others to express their opinions on proposed legislation as well." DATE: February 15, 1999 >Hello D&HH Community, this Bill deserves a bit more attention of M.C. since it profoundly affects pocket and well being of every member D&HH community - everyone meets a number times audiologists and majority meets hearing aids dispensers during its life span! By the way, previous version the Bill was greeted much warmer by M.C. in spite its huge affection D&HH Community. Its main objective was elimination obligation HADs to supply a patient a copy record with information whether the aids are new, refurbished or recycled! it was planned as levering billing procedure with audiologists - they are not obliged to provide to patient any record about their services and rates! The Bill deserves publication its full text and public discussion of D&HH Community. It can be obtained from NJ Office Legislative Services: 800-792-8630; 800-257-7490[TTY] Let me remind situation in this sector service using my experience as an example - I have doubt it's an extraordinary one! Three years before I was eligible for Medicaid covered 2 aids since I attended a college. A remote controlled aids were especially valuable due possibility instantly change 4 settings optimal for different environment. However several HADs refused supply ones claiming Medicaid doesn't cover them due their cost[around $2,000 for a coupled set]. But they told to Medicaid office a different story - they claimed I'll not benefit from them. Of course, considering custom established in their domain to supply exclusively defective aids to Medicaid holders, they were right. However such aids are a very valuable, especially in college environment. And contrary their claims, Medicaid pays all medically necessary devices - remote controlled hearing aids aren't fashion luxury! However if they are defective - they are. More over, they hurt ear drum and so affect hearing if its volume set at acceptable for hearing speech level. They check understanding speech in their free from nose office, however such environment practically is never met. There is ground for suspicion that they selected a pool of aids with extremely one or 2 a very narrow range frequency peaks of amplification and sell them after refreshing several times. They ordinary collect them from patients during selling next one for refreshing and reselling. One understands fair speech in HAD's office where there is no noise. But nobody can keep such volume amplification since that peak of frequency response characteristics delivers extremely loud, hurting sound from a slight knock at home or passing vehicles on streets. That's why we hear noise but can't hear speech. I was in luck and found in other county Ms. Gotlieb at Fair Lawn that agreed to supply me such aids. She gave me for a month long testing rather new Quatro foreign made aids by Widex. At her office I was able to understand her speech rather good, most likely due professionally selected words and professional lip articulation. However at home I found: 1. They both have narrow exceptionally high peak amplification around 1kHz. resulting: a] Unbearable level noise from the slightest wind practically from any direction, even from own movement in a room; b] Inability to hear any low frequencies; c] Inability to understand practically any verbal speech. 2. They have unworkable AGC causing painful level loudness from passing vehicles. 3. They have instead sound compression the sound expansion. Such multiple combination defects in two hearing aids may indicate design defect, but it's highly unlikely that any manufacturer would produce them considering its $2,000. cost on retail level! I told her about my findings next day by phone and she promised to exchange them at the end their month long testing. She did exchange them but amusingly she gave me older units and with the same defects! However she obviously charged already Medicaid around $2,000 as for new units since she suggested to sign billing papers at time handling me in them. Medicaid paid another about $500 for my several trips to her office that is in other county. A manufacturer has office at NY but I wasn't able to find year manufacturing them. The office is extremely cooperative with HAD and insisted to ask about it Ms. Gotlieb. She is obviously an unofficial county HADs ring leader and the only in her county HAD allowed to serve at nursing homes, that allows her get aids from descended patients for pennies or free. That secures her a huge profit allowing allocate a lot for lobby. I'd not be surprised to find her in Board Certification HADs. Although health care providers prohibited to form unions, HADs managed to make extremely common cause with themselves and gain exclusive influence. Look for yourself: 1. The requirement to supply patient a record with statement cost aids and services and whether aids are new, furbished or recycled legislated for decades. It accompanied the right Board of HADs to suspend a license in case failure compliance. However no one was suspended for it for all decades existence these provisions although HADs never supply such record. However they always give to sign the transaction in time giving aids for testing. It's not surprising at all due loophole the legislation. The Board HADs consists 8 practicing HADs and only one public representative. It may mean that HADs always outvote a single vote of public representative and/or lack of honest deaf representative in the Board. In response to my complaint against Ms. Gotlieb, the Board HADs advised me to seek advice of a legal counsel. It should be noted that the cost legal services is much higher then of health care providers and there is no program like Medicaid for it. There are of course programs legal help for indigent people but they claim they are understaffed and seems care only to find a good looking reason for denial the services. 2. The Board of HAD is obliged to suspend or revoke licence only if Attorney General submit such request and proof such violation from ongoing criminal investigation. 3. The vast majority D&HH Community are Medicaid holders. Medicaid launched even "Medicaid Fraud Hotline Program" with 888-937-2835[V] and 609-588-3046[fax]. However even now Medicaid doesn't require HADs comply with this provision that leaves a huge room for abuses. More over Medicaid punishes deaf people for attempts to access to HADs billing records for checking if fraud was committed. Couple months before Summit HAD gave me 4 packs of bataries and as usual she gave me to sign a blank billing paper. I found at home that one pack was not marked with her name and all 4 betakes in that pack are rotten. After several phone conversations she claimed that she gave me only 3 packs. I tried to verify her claim at county Medicaid office, but the lady in charge told she has no access to billing data but as a courtesy, she'll call to someone. She did but I suspected that she called to Summit HAD and she admitted it. I expressed my outrage and she claimed that there are only 2 Medicaid approved HADs left at NJ now. Ms. Gotlied at Fair Lawn and Mr. Ginsburg at Elisabeth: Both are possessing audiology and HAD licenses; Both are county HADs rings leaders; Both are the only in county HAD allowed to serve nursing homes; Both were subjected to my allegation in deceptive and fraudulent practices. More over she insisted on arrangement an appointment with a nurse at my home for escorting me to either in a coach although it's practically impossible for Medicaid holders to get a livery service for reaching a doctor. So it'd be a nice improvement the of the bill to exclude from Board HADs and Audiologists currently practicing ones due obvious conflict interests! One cann't expect at all enforcement this provision from HADs ignoring it themselves every day! Sincerely Lev ---- In doing some research I ran across your website and thought I would pass on some information that might be of interest to your readers. The Wisconsin Public Service Commission has recently proposed a variety of changes to the Universal Service rules. Among these changes is the requirement that "announcements for vacant, changed, suspended and disconnected numbers" must be played in "TTY-readable format." The proposed order goes to public hearing on April 6th and is supposed to take effect before the end of 1999. Additionally, a number of other state public service commissions have requested the info from Wisconsin for their own evaluation. If you have any questions about this, I would happily do my best to answer them. Scott Stephenson - Director of Marketing Electronic Tele-Communications, Inc. 1915 MacArthur Road - Waukesha, Wisconsin 53188 (414) 542-5600 ext 294 - fax (414) 542-1524 - email scotts@etcia.com ---- Hi, i just wonder do you remember that movie "Love Silent"?? it's on TV, it's about 10 or 15 years ago. It's talk about deaf parent and their hearing daughter. I remember that movie when i am kid. but I never see it again. So do you know what's happening to it?? I want see it again or own that movie, i want to watch that movie "Love Silent" Please help me look for that movie. My E mail is jesse37956@aol.com Help look for it. Just let me know what's happening to it? Jesse. ------------------------------------------------------------- - DEAF WATCH - Federal ID Number : 33-0765412 - Circulation by direct EMAIL : 393 Subscribers - Circulation by indirect EMAIL : 9555 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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