February 5, 1999 Greetings, I am pleased and excited to announce that the California Democratic Council has approved my first 2 resolutions submitted to them as Chair of Democrats North Orange County Disability Committee. This is a demonstration of my zeal to advance the rights and causes of people with disabilities. I welcome any suggestions or ideas that I can use to create future resolutions to further the rights of people with disabilities. Richard Roehm Deaf@activist.com (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.