DEAF WATCH NEWSLETTER ---- OCTOBER - 1999 Editor's letter Horrors of this month should include the realization of misinformation being spread out by a large deaf organization in the Southern California area. This proves to be a balkanizing tactic by a major deaf organization to keep the smaller factions from accomplishing some form of unity and to try suppress opposition. So beware of information that is being circulated with regards to a large deaf agency in the Southern California area. As the subscriber list grows and grows we will soon be looking for new ways to deliver valuable information to our readers. We will be experimenting with a website version of this newsletter next month and we need your feedback on this project to improve our information delivery systems. Next month you will get both a reminder to visit the website that has the newsletter and the newsletter in two separate emails. This should address some of the increasingly rising email traffic and bandwidth consumption concerns that have been repeatedly brought to our attention in the past 3 months. Call, write, email, fax Utah Senator Hatch's office and tell them that people with disabilities deserve protections from hate crimes and make sure that protections for people with disabilities are included in S. 622 known as the The Hate Crimes Prevention Act! The Honorable Orrin Hatch senator_hatch@hatch.senate.gov 131 Dirksen Senate Office Building (202) 224-5251 Washington DC 20510 The Honorable Orrin Hatch 8402 Federal Office Building Telephone: (801) 524-4380 125 South State St. Fax: (801) 524-4379 Salt Lake City, UT 84138 Sen. Hatch says his office hasn't heard from disabled persons. PLEASE, contact Sen. Hatch and say disabled people MUST be included in Senate Bill 622! Richard Roehm ************************************************************* TELECOMMUNICATIONS ACT VICTORY AND CUTS IN ASSISTIIVE TECHNOLOGY FUNDING Today is a major victory in the history of disability access. A big thank you goes to each and every person who has worked on this!!! The Telecommunications & Communications Access coalition within CCD was started in January 1992 by Jenifer Simpson, Bob Williams, Deborah Kaplan, Frank Bowe, Paul Schroeder, Karen Peltz Strauss and a few others. They were joined by some of the best and brightest from numerous disability advocacy groups who worked on this over the seven years of this struggle. To secure disability access provisions in the Telecommunications Act of 1996 was a major coup. A favorable final rule, although issued late, in 1999, is another great victory. So also is the important NOI on IP telephony which opens the door to the next wave of access issues. The Sec. 255 Report and Order is the fruit of years of work, lobbying the FCC, working with industry, strategizing and cooperative effort among numerous individuals and groups with a common vision that the electronic future must be accessible. Commissioner Kennard's leadership was paramount to this effort as well as the initiative begun by previous FCC Chairman Reed Hundt. Subject: Section 255 Report and Order Released Today The FCC released the Section 255 Report and Order (R&O) on September 30, 1999. The Report and Order also has a Notice of Inquiry (NOI) proceeding to study how the development of Internet telephony will impact accessibility. Comments on the NOI are due November 14, 1999; reply comments are due December 14, 1999. The 255 R&O and NOI can be downloaded at: http://www.fcc.gov/dtf. Alternate formats (computer diskette, audio recording, large print and Braille) are available to persons with disabilities by contacting Martha Contee at (202) 418-0260 voice; (202) 418-2555 TTY; E-mail: mcontee@fcc.gov. Any disability/accessibility related inquiry can be sent to: access@fcc.gov. $23 million cut in Assistive technology The House has cut funding to make technology usable by Americans with disabilities. The House Appropriations Subcommittee on Labor, Health & Human Services & Education has voted to cut the President's request for assistive technology by $23 million. The action by the House would scale back efforts by the National Institute on Disability and Rehabilitation Research to make information and communications usable by people with disabilities. These investments were supported by the President and the Vice President as part of a broader effort to remove significant barriers to work for people with disabilities, announced on January 13, 1999. This initiative will accelerate the development and adoption of information and communications technologies that can be easily used by the 55 million Americans with disabilities. If technology is accessible, this will significantly improve the quality of life for people with disabilities, enhance their ability to participate in the workplace, and make them full participants in the Information Society. Investing in R&D and technology transfer ($8 million) NIDRR would support activities to develop, improve and demonstrate technologies that enable Americans with disabilities to use information technology, such as "text to speech" for people who are blind, automatic captioning for people who are deaf, or speech recognition and eye tracking for people who can't use a keyboard. NIDRR would also identify technologies that have been developed by other agencies and national laboratories, and demonstrate their applicability for individuals with disabilities. NIDRR would also provide matching funds for industry consortia that would work with disabilities community to make key technologies accessible, such as interactive television, small, hand-held computers, and cellular phones. Increasing the availability of assistive technology ($15 million) NIDRR would expand support for the 56 State Technology projects that reduce barriers to the availability, acquisition, and use of assistive technology devices and services for individuals with disabilities. This would allow states to start or expand financing mechanisms -- such as low-interest loans, interest buy-down programs, or loan guarantee and insurance program. Currently, programs such as Medicaid and Medicare cannot meet the growing demand for assistive technology. Fred Fay Chair, Justice For All jfa@jfanow.org http://www.jfanow.org ************************************************************* VICTORY OVER GREYHOUND: DISTRICT COURT UPHOLDS DOT'S OTRB REGULATION Marilyn Golden, Disability Rights Education and Defense Fund (DREDF) writes: Good news for advocates of access to Greyhound! On September 10, the U.S. District Court for the District of Columbia granted summary judgement to the Department of Transportation (DOT) in the lawsuit challenging DOT's final regulation on over-the-road buses (OTRB's) used by private entities, published about one year ago (American Bus Association v. Rodney Slater). This means that DOT has won the lawsuit at the district court level. Even though an appeal is expected, this is an important victory for DOT's regulation requiring Greyhound and other fixed route OTRB companies to purchase only accessible buses after October 2000. A summary of this regulation is available at DREDF's website (www.dredf.org). Sometime in the next few months, we expect DOT to publish a final regulation on Information Collection by private companies using OTRB's. Many disability advocates responded to action alerts posted on JFA on this subject a few months ago, writing many letters and creating a strong docket which we hope will result in DOT requiring these companies to provide adequate documentation, confirmation numbers, etc. to people with disabilities who request accessible service. Advocates should remember that, after October 2001 (for large companies, and October 2002 for small companies), if an individual with a disability who needs an accessible bus requests, but does not receive, accessible service, the company is required to pay financial compensation to the individual, between $300 and $700. This compensation is also available if the individual does not receive the service because accessibility equipment does not function or because operator personnel do not perform essential tasks (see details in the summary of the regulation at www.dredf.org). Marilyn Golden mgolden@wli.net Disability Rights Education and Defense Fund ************************************************************* ALL 50 STATES FAIL IDEA COMPLIANCE TEST September 22, 1999 Not a single U.S. state or territory complies fully with the Individuals with Disabilities Education Act, and more than half violate one or more of the law's five most important provisions, according to the National Council on Disability. Based on the U.S. Department of Education's monitoring of state compliance with IDEA from 1994 to 1998, 90 percent of states and territories fail to adequately supervise local education agencies' education of students with disabilities. Eighty-eight percent do not comply with requirements to provide services to assist a student's transition from school to post-education activities.... The Department of Education sets rules it hopes to follow in monitoring state compliance: -Monitoring will be continuous. -Stakeholders, such as parents, will be involved. -The states will be held accountable, and they will participate in assessing themselves. -Monitoring will be based on hard data. -The process will be public in every state. -Technical assistance, either from the Department of Education or from regional resource centers, will be integral. -There will be consequences for non-compliance and rewards for compliance. Read the full story at: http://www.specialednews.com/story%20archive/0999/IDEAcompliance0922.html ************************************************************* ATTENTION DEAF PEOPLE WHO HAVE MYSTERIOUS PROBLEMS WITH HOME DEPOT, ADAPT NEEDS TO HEAR FROM YOU. We are looking for DEAF People and others who have problems with HOME DEPOT: --apply, and no call back? --apply, but no interview bcuz deaf/ interpreter issue? --apply, interview, but no interpreter or captions? --got job, but now no interpreter for staff meetings ( called Super Sundays) -- you feel punished bcuz hired but Home Depot does not "allow" you to attend training's, staff meetings, or other? PLEASE E-MAIL ME -- (1) NEED YOUR NAME AND (2) ADDRESS (3) and E-mail (4) explain about your problem with Home Depot. we are preparing class action case and every one counts! MAILTO:adaptgazan@mindspring.com ************************************************************* KROWN ANNOUNCES VCO DEVICE What's NEW? Anytime, anywhere, any phone for VCO users! Krown Manufacturing, Inc. world's largest deaf owned TTY manufacturer, introduced its latest new, patent pending product, Pocket Speak and Read VCO at the recent national TEDPA (Telephone Equipment Distribution Program Administrators) conference held in Virginia Beach, VA S. Kay Vincent, National Sales Manager demonstrated to the audience of more than 30 administrators including representative from Federal Communications Commission (FCC) how the lightweight portable device is attached to a telephone handset, for any VCO user to make a phone call through relay services. Pocket Speak and Read VCO is compatible and will work with any type of telephone, including any portable wireless or cellular phones, and highway call boxes. Almost weightless, it comes in a pouch with batteries and telephone/address book with relay service numbers. Pocket Speak and Read VCO is available now, just in time for the holidays. It will make an ideal, if not perfect, holiday present for any hearing impaired persons using VCO with relay services. Selling for $199.00 each, they will be available at the upcoming ALDA conference in Alexandria, VA. Contact S. Kay Vincent for brochure or any further information. S. Kay Vincent Krown Manufacturing Inc. National Sales Manager 3115 Lackland Road Krown Manufacturing, Inc. Fort Worth, TX 76116 1-760-635-9140 tty 1-800-366-9950 voice/tty 1-760-635-9320 voice/fax www.krowntty.com ************************************************************* STATE ILLEGALLY FORCES FAMILIES WITH DISABLED CHILDREN TO CHOOSE BETWEEN FOOD AND TRANSPORTATION, LAWSUIT SAYS SAN FRANCISCO--(BUSINESS WIRE)--Sept. 24, 1999--California illegally refused welfare and food stamps to families that need a car to transport their severely disabled children, according to a class action lawsuit filed Sept. 22, 1999. The lead plaintiff in "Anderson vs. Saenz" lost all welfare and food stamps for her family and became homeless because the car she needed to transport her paraplegic six-year-old daughter cost too much. Her daughter frequently needs emergency care. "A mom whose child has serious health problems should be able to get to the emergency room without her car breaking down," said Emma Leheny, of Western Center on Law and Poverty and counsel for plaintiffs. Under federal law, families are ineligible for food stamps and cash aid if they own a car worth more than $4650. But federal law also states that the entire value of one car is not counted if it is used for a disabled household member. California refuses to apply this exception if the disabled child receives Supplemental Security Income ("SSI") disability benefits because SSI recipients are ineligible for food stamps. "A low-income family needs a car to transport their disabled child whether or not the child gets disability benefits. It makes no sense to deny the family a car, and Congress intended for them to have it," said Clare Pastore, also of Western Center. Added Mike Keys of National Center for Youth Law, "Parents should not have to choose between keeping a car they need to get a disabled child to the doctor and feeding their families." Plaintiffs are represented by Western Center on Law and Poverty, San Diego Friends of Legal Aid, and National Center on Youth Law. CONTACT: Western Center on Law and Poverty Emma Leheny, 213/487-7211, ext. 26 Clare Pastore, 213/487-7211, ext. 25 ************************************************************* FILING CIVIL RIGHTS COMPLAINTS IN SMALL CLAIMS COURT By Tony Papalia, Paralegal California Center for Law and the Deaf A little over a year ago, former Governor Pete Wilson signed AB 2702 into law. This bill helped clean up the language in the Unruh Civil Rights Act (Civil Code Section 51, 54 or 54.1) by authorizing cases under the Unruh Act ,and the Americans with Disabilities Act, to be heard in small claims courts. What this means is that qualified disabled persons in California can now file ADA discrimination complaints in small claims court -- the "people's court" -- which is more easily accessible than municipal or superior court. For example, a deaf person who applies for admission to a state-funded drug or alcohol rehab program, and is denied admission, or denied appropriate communication access, can now file a complaint against that program in small claims court.. Before AB 2702 became law, many small claims court judges did not routinely accept discrimination cases because of confusion over the language in existing law. Now, however, AB 2702 clarifies that disabled Californians have yet another powerful legal avenue with which to break down barriers of discrimination. When successful, ADA complaints filed in small claims court should result in damages of from $1,000 to $5,000. The Civil Code directs small claims courts to award at least $1,000 for any damages for violations of the Code sections cited above. Small claims courts are limited to awards of up to $5,000. FYI: You cannot use a lawyer to represent you in small claims court. You must either represent yourself, or the court may allow you to be represented by someone else. Small claims courts require less paperwork, less money, and less formalities than municipal or superior courts. If you decide to use small claims court, you can get a "Small Claims User Packet" from the clerk at your county courthouse. This packet includes all the forms you will need, plus instructions on how to fill them out, and how to file them. The clerk will also help with this. The packets are free and can be obtained by mail. You must pay a small fee when you file the papers. On a separate but important issue, here's something Daryl Crouse sent me. It includes an Internet hyperlink, so you can just click on it to review the original article in the Orange County Register. The cut-and-paste version came out a little scrambled. I got this link for a story printed in the Orange County Register newspaper. Thought you might find it interesting. Daryl Crouse, CI, CT Communication Access Network, Inc. www.caninterpreters.com ************************************************************* EMPLOYING THOSE WITH DISABILITIES REDUCES THE TOLL ON GOVERNMENT, STUDY FINDS Three-quarters of people with severe disabilities don't work. Their lack of a paycheck costs everyone else a lot of money. In a new study, released Monday, a national disability employment group calculated that when people with disabilities get jobs in food service, they save the government $3,700 each. The study was performed by NISH, a congressionally mandated nonprofit group that encourages and creates job opportunities for people with severe disabilities nationwide. The study looked at nearly 2,000 people who had not been working and then were hired under government sponsored programs to work in galleys like the Portsmouth Naval Hospital's. Most of those workers were then able to go off welfare, give up Social Security benefits and food stamps, and receive health care through private insurance, instead of Medicaid. Sherl A. Lewis, 41, of Portsmouth, fits the statistics. Lewis estimates she got several thousand dollars a year from various government agencies during the 20 years her epilepsy made her unemployable. Now, Lewis pays taxes instead of depending on them, thanks to new epilepsy drugs and the Norfolk-based Eggleston Services, a nonprofit employment organization for people with disabilities. She was able to move out of her mother's house into her own place. Her health has improved, because her job as a food service worker at Portsmouth Naval keeps her too busy to focus on her illness, she said. And, loading up patient trays makes her feel better about herself. "Oh, yes, Lordy. And I thank the Lord," Lewis said, "I feel more productive." Lewis participated in a national news conference Monday from Washington to announced the NISH study. The group, formerly called the National Industries for the Severely Handicapped, found that the 1,910 food service workers polled reduced their dependence on government by $7.1 million after getting jobs. Nearly 90 percent no longer needed welfare; 75 percent discontinued their food stamps; about the same number cut out or limited their Supplemental Security Income payments; and 41 percent moved out of public housing. Mathew Greenwald, the Washington pollster who conducted the survey, said that if his findings hold across other industries, employing people with severe disabilities could save $56 billion a year in tax dollars. Every year, the Social Security Administration pays about $76 billion to people with severe disabilities. "When people with disabilities work, we all benefit," NISH Vice President Linda Schulte said. Reach Karen Weintraub at 446-2599 or email kweintra@pilotonline.com ************************************************************* CALIFORNIA GOVERNOR SIGNS MENTAL ILLNESS PARITY LAW 53% of Americans With Health Insurance Now Have Parity ---------------------------------------------- Statement by Laurie Flynn, Executive Director, the National Alliance for the Mentally Ill Governor Gray Davis has restored California to national leadership in ensuring treatment for people with mental illnesses. We also are grateful to Assemblywoman Helen MacLeod Thomson and Senator Don Perata for leading the way to enactment of the Mental Illness Parity Law. It is a law with far-reaching importance. As of today, 28 states have enacted laws to provide greater parity in health insurance benefits for people with mental illnesses. California's law stakes out a significant middle ground in the national debate over parity and provides the center of gravity among all the state laws that have been enacted. With California, 54 percent of the American people can now say that they live in states with parity laws. Out of 226 million Americans with health insurance coverage, 120 million - 53 percent-now will be covered by parity. In California, more than 25 million people will be protected. California's law will help put an end to discrimination and stigma and provide greater health insurance coverage for biological brain disorders. Medical science has proven that treatment works for mental illnesses, but only if a person can get it. The need to ensure treatment is especially urgent for children and adolescents. Approximately 12 percent of youth under the age 18 have mental, behavioral or developmental disorders, but only 20 percent of these kids get the help they need. Because of this law, lives will be saved. The law requires health plans to cover adults and children with the most severe mental illnesses, including schizophrenia, bipolar disorder, major depression, schizoaffective disorder, panic disorder, obsessive-compulsive disorder, autism, anorexia nervosa, and bulimia nervosa. Beginning in July 2000, HMO's and insurers must provide equitable co-payments, deductibles and maximum lifetime benefits. The law also provides for partial hospital stays and outpatient services. This law is good news for California and the nation. We expect it to give significant momentum to the national parity movement, both for legislation now pending in Congress and initiatives in other states. ************************************************************* ACLU DEFENDS DISABLED SCHOOLTEACHER DENIED THE RIGHT TO SERVE ON JURY ATLANTA, GA -- The American Civil Liberties Union of Georgia this week filed a lawsuit on behalf of a woman who was denied the right to serve on a jury because she is in a wheelchair. Larissa Bockenek, a schoolteacher, was summoned for jury duty on the second floor of the Coweta County Superior Court, a building that has no elevator. When she arrived, Judge William F. Lee sent her home, saying that he was not going to inconvenience a large number of people just to accommodate her. While Bockenek said that she had planned to tell her students all about her experience as a juror, she instead returned to school with a very different lesson plan: Discrimination on the basis of disability. For more information on the ACLU's work on behalf of people with disabilities, link to our Disability Rights briefing paper at http://www.aclu.org/library/pbp21.html. ************************************************************* 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 ************************************************************* MISSING DEAF CHILD AT GALLAUDET UNIV Hi, My name is Michael Revis, a former Gallaudet student, and my daughter, Nichole Marie Revis, has been missing/runaway since July 25th of this year. It's believed that she is with a 32 year old man named Timothy Charles Hill. Nichole's Web Address: Http://members.tripod.com/Nichole-Revis/s_UpDate.htm Sincerely, J. Michael Revis (USADeafman@aol.com ************************************************************* RESOURCE OF THE MONTH: Deaf Business Center Their mission is to provide a comprehensive resource listing of Deaf owned business, Hearing business with Deaf products, Deaf Individuals in legitimate Network Marketing Companies, and Scam Alert Services. Http://www.deafbiz.com ************************************************************* Disability Frontlines. DARE v STATE OF CALIFORNIA (09/16/99 - No. 9756065) California's six-dollar fee for handicapped parking placards constitutes a surcharge for required measures in violation of the ADA and its implementing regulations. Because the ADA constitutes an appropriate exercise of Congress's enforcement powers under S 5 of the Fourteenth Amendment, California's Tenth and Eleventh Amendment challenges fail. Furthermore, 28 C.F.R. S 35.130(f) is accorded controlling weight as an regulation promulgated pursuant to the ADA that is not arbitrary, capricious, or contrary to the statute. MCALINDIN v COUNTY OF SAN DIEGO (09/16/99 - No. 9756787) Sleeping, engaging in sexual relations, and interacting with others are "major life activities" under the ADA. District court erred in granting partial summary judgment where plaintiff raised a triable issue as to whether he was substantially limited in a major life activity. District court erred in granting partial summary judgment on grounds that requested accommodations were "unreasonable". County's argument that it treated disabled employee the same as nondisabled employees misapprehends the meaning of "reasonable accommodation." WONG v REGENTS OF CALIFORNIA (09/16/99 - No. 9815757) Court refused to sanction academic institution's decision to refuse to accommodate a disabled student and subsequent dismissal of that student where the record contains facts from which a reasonable jury could conclude that the school made those decisions for arbitrary reasons unrelated to its academic standards. After-the-fact justification does not satisfy University's obligation to present "undisputed facts" showing that it conscientiously considered whether possible modification would fundamentally or substantially alter the school's standards. Because genuine issues of fact remain as to both the reasonableness of the accommodation in question and disabled student's qualifications, summary judgment was inappropriate. ************************************************************* This month's recipients of the Deaf Watch Award. Detectear Http://www.detectear.com Good Site! ************************************************************* LETTERS: H.R. 1180 The Work Incentives Improvement Act is stuck between the Ways and Means Committee and the Finance Committee. This means they are trying to find the money to fund it! H.R. 1082 The Hate Crimes Prevention Act COULD include protection for people with disabilities. S. 622 is the Senate version. Unfortunately, Senator Hatch doesn't think this is necessary to spell out "protecting people with disabilities". He says his office hasn't heard from disabled persons. PLEASE, contact Sen. Hatch and say disabled people MUST be included! To sign a petition by computer for the Patient's Bill of Rights go http://www/disrights.org A weak Senate bill S. 1344 provides almost no help for Patient Rights. The House bill H.R. 2723 The Bipartisan Consensus Managed Care Improvement Act NEEDS YOUR SUPPORT! Contact your Representatives now! Under Medicare, there are currently NO provisions for prescription drug coverage. Contact your Senator and Representatives and REQUEST THIS! To contact Senate/Congresspersons go to: http://www.visi.com/juan/ for a user friendly email system right into Capitol Hill! Submitted by Gretchen Glick Legislative Advisor to NAOTD ------------------------------------------------------------- - DEAF WATCH - Federal ID Number : 33-0765412 - 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? Try DeafWatch's own - "Keeping You Connected" sublink which is packed - with graphical links to FREE email providers. ------------------------------------------------------------- - Help us help the Disability community - Please visit: - Http://www.i-sphere.com/eyedeaf/hlphand.htm - The freedom to be what you want to be is NOT free. ------------------------------------------------------------- - Internet Sphere Interactive is a Deaf owned Internet service - provider. They host the Deaf Watch main site. For more - information, visit Http://www.i-sphere.com -------------------------------------------------------------