DEAF WATCH---- September 1997 Greetings! Unity is very important, we all must stick together and work toward a common goal that is to improve the quality of life amongst the general Deaf population. In the past 2 months I have seen certain Deaf clubs opposing other Deaf clubs. These Deaf clubs may appear to be progressive but they will weaken the Deaf as a community in the long run. The same problems can be seen from Deaf members of certain religious cults and lifestyles. They feel they're moving forward and there actually going back in time. We all gotta work together and develop a common definition of "Moving Forward". Different groups of Deaf people have different versions of this concept. Blaming a certain group or lifestyle is not a productive step. We all must meet and work out an agreeable version of this concept. We can not have progress when we as a Deaf community can not agree on this concept. Deaf Watch website has taken on a highly aggressive approach in its effort to promote the Deaf Community. Possibly too aggressive. People already seeing the website as a commercial site. Deaf Watch will never be a commercial site. The salesmanship in the site may be similar as of a commercial site. This is one of the many ways Deaf Watch is doing to promote ourselves. We want Deaf businesses to succeed and this program will be one of the ways Deaf Watch will try help them succeed. Most companies with at least 25% employees from the disability community will receive the same support from Deaf Watch. The Editor ************************************************************* SENATE ACTION DEVASTATES DISABILITY PROGRAMS!!! Rehab, Independent Living, Tech Act Funds Cut In Half! . . . and that's just the beginning. Since resuming Congressional activity, advocates have had their hands full trying to keep up with the often characterized "slimy" maneuvers of the Republicans in relation to the Appropriation process. Sometimes we have known their moves in advance and at other times, as is the case with the Senate, we were totally caught off guard. This entire week has illustrated in an extremely heightened fashion just how sneaky some Republicans can be when it comes to politics. Rep. David McIntosh (R-IN), no friend to the disability community, showed people with disabilities earlier this week that he could care less when he offered his amendment to take funds out of the Labor Dept.'s OSHA stream of money and say he wanted it for those "special education" kids. Then later another Representative tried to use kids with disabilities again when they offered an amendment (that passed) to take funds from Goals 2000 to put in special education. In effect these guys are using disability programs devide us, to get at the President and do their dirty work. The dirty work truly showed when the United States Senate in a totally unanticipated move passed an amendment offered by Senator Slade Gorton (R-WA) that cuts the FY 98 appropriations for the Rehab Act by FIFTY PERCENT. YES. THAT'S FIFTY PERCENT. YES, THAT'S A CUT OF THE REHAB BUDGET BY FIFTY PERCENT....... According to sources, the amendment was intended to transfer most education monies to local education agencies. So, the impact to the rehab programs may have been unintentional, but regardless of the intent, we have a very BIG PROBLEM....that requires all of us to call our Senators today and urge them to REMEDY THIS PROBLEM ASAP.....WE DEMAND IMMEDIATE ACTION, NOT JUST REASSURANCES THAT THEY WILL TAKE CARE OF THE PROBLEM -- SHOW US THE MONEY! Please call your representatives and alert them to the potential mess in the Senate and also encourage your representative to quit allowing some certain republicans to hide behind kids with disabilities to do their dirty work. We see through this type of political maneuvering and we demand they stop. If they want to fight in the open then so be it, but don't pit kids with disabilities against the mainstream. That's just downright dirty politics in the worst sort of way. Senator Gorton was quoted today as saying his actions were part of an effort to eliminate the Department of Education! -- Further information on John Hockenberry's excellent Dateline segment on the ADA can be obtained by contacting: 212-664-2333. To order the video, Fax: 802-864-9845. Inquiries call 800-420-2626. The cost for the video is $29.95 plus $4.50 shipping and handling. It's worth every penny even if you did see it, because it can be used in a variety of ways both at the national and local levels. Be sure to tell NBC they and Hockenberry did a great job exposing the truth. JUSTICE FOR ALL!!! Becky Ogle bogle@erols.com -- Fred Fay JFA Moderator (Note: President Clinton has promised us that he will veto the Gorton Amendment. We still have to pressure our representatives to get the Gorton Amendment off the bill through conference.) ************************************************************* GRAVE URGENCY!!!!!!! During the Senate consideration of Labor-HHS-Education Appropriations Senator Slade Gorton (R-WA) offered an amendment to take $11 billion in a wide variety of Dept. of Education Programs and give them in a block grant to local education agencies. It was passed by a 51-49 vote, and the final bill has passed. The amendment can only be removed by conference after the House Labor- HHS bill passes, or by a veto by President Clinton. On behalf of the NAD, I attended the emergency meeting this morning called by the Rehabilitation Services Administration of the U.S. Department of Education to address the potential impact of the Gorton Amendment to the Senate Labor/HHS bill (explained below) on a variety of federally-funded disability programs. We have been notified that Senator Gorton wishes to apologize for erroneously including the proposed 50% cut for the vocational rehabilitation programs, and will make every effort to delete this proposed VR cut during conference once the House passes its Labor/HHS bill. The Senate Labor/HHS bill has passed already, and the Gorton amendment was hastily introduced and passed by a 51-49 vote on September 10th. SuzyRosen@aol.com From NJ-L News ************************************************************* Labor Day Message to Deaf Workers September 1, 1997 Happy Labor Day! You all set a very fine example for other Deaf people to follow. You are role models in the Deaf community. America needs more Deaf workers. America can acquire more Deaf workers by being more vigilant in their enforcement of the Americans with Disabilities Act (ADA) which was signed in 1990. Once the Deaf community sees that ADA is being vigorously enforced, they will feel more secure and confident and become workers. The past twelve months, the entire disability community has seen their employers find ways to get around ADA. We're also seeing federal judges become increasingly restrictive in dealing with ADA lawsuits. We're even seeing one of our supposedly trusty guardians, the Equal Employment Opportunity Commission (EEOC), behave amnesic when we try to explain our cases to them. The same thing goes on for employers who hire vicious lawyers to defend themselves against ADA lawsuits by twisting the facts around and manipulating the law itself beyond recognizance. Finally there is no safety net for disability plaintiffs who lose their ADA cases. When they lose, they lose a lot more than just their cases. They're losing cars, homes, credit rating...EVERYTHING... for just trying to enforce ADA. Scary, isn t it? Basically, the long road to fairness at the workplace remains unpaved and peppered with hazards. Each victory on our behalf amounts to a tiny slice of this road being paved. Then there's the possibility of our victories being nullified or overturned in future cases. We will step back a little however getting this strip back will be easier in the future because it has paved. Deaf workers all share a common victory which is being role models for the Deaf community. They are also our pioneers. We must support our Deaf workers and Deaf pioneers REGARDLESS of their economic status. They all reinforce the statement "Deaf People Can Do Anything Except Hear" made by I. King Jordan, Deaf President of Gallaudet University. Deaf workers and pioneers all set examples for us to follow. To the Deaf workers of America, this is your day and THANK YOU! ************************************************************* DEAF WOMAN WINS LAWSUIT AGAINST 2 HOSPITALS FOR FAILURE TO PROVIDE INTERPRETERS NEW YORK -- An elderly deaf woman has won a $250,000 judgment against two Long Island hospitals that failed to provide her with a sign-language interpreter while she was hospitalized for bypass surgery and rehabilitation. An advocate for the hearing impaired said yesterday that he believes it is the first such jury award in the state, perhaps in the country. "This jury award is a victory for disabled people in general and deaf people specifically," said Keith Muller, executive director of the League for the Hard of Hearing, the largest and oldest not-for-profit hearing rehabilitation agency in the country. After a seven-day trial, a federal jury in Hauppauge awarded Susan Lamonica, 74, of Shirley $125,000 in compensatory damages each from North Shore University Hospital, which is based in Manhasset, and from Southside Hospital in Bayshore. No punitive damages were included in the award. Yesterday, both hospitals said they were considering appealing the jury award. "Mrs. Lamonica, we believe, had excellent medical care and good results from her treatment," said Dan Rosett, a North Shore spokesman. "The staff felt that we effectively communicated with her during both of her hospitalizations." Said Karen Commander, a Southside spokeswoman: "The hospital absolutely and wholeheartedly supports the Americans with Disabilities Act." Lamonica, who lost her hearing as an 8-year-old child when she had spinal meningitis, was resting yesterday at home. "I can tell you that she is very happy [ the trial ] is over," said her great niece, Dawn Marie Vitale, 24. "She is happy [ the jury ] found it in her favor." Speaking of her great aunt's experience at North Shore and Southside, she added: "I hope that no deaf person ever has to go through that again." Lamonica spent 1_1/2 years in and out of the two hospitals after double bypass surgery at North Shore in spring 1994. In an interview earlier this year, her niece, Linda Geiger, recalled repeatedly asking for a sign-language interpreter during her aunt's hospital stays. None was provided during her first hospitalization and only sporadically thereafter, she said. At one point, Geiger recalled, the surgeon called her on the telephone and informed her that her aunt was scheduled for open heart surgery the next morning. "Who's going to come down and explain this to her?" she quoted him as saying. The Associated Press ************************************************************* COLLEAGUES IN JUSTICE! WERE 7 YEARS CLOSER TO THE PROMISED LAND!!! The following are excerpts from Justin Darts remarks in celebration of the 7th Anniversary of the Americans with Disabilities Act: Beloved colleagues in justice! Congratulations! You did it! You created, you are implementing, the worlds first civil rights law for people with disabilities! Thank God Almighty, free at last! Thanks to patriots past, thanks to patriots present like you, America is the richest, the most productive and democratic nation in history. Democracy has enriched every nation. But the job of democracy is not over. Millions of Americans with and without disabilities, billions of people in other lands are still left out of the good life. No person, rich or poor, is living full potential. The vast majority of people with disabilities exist as sub-humans. Together we can be a mighty army. Together we can win. We will not achieve the dream in our lifetimes, but like our patriot mothers and fathers, we can fight the battles that will revolutionize the quality of life in future generations. I believe that because I believe in you. Among you are people every bit as great as the famous patriots past. You have made miracles in thousands of lives, like mine. I have never in my life done a single truly successful thing without the loving empowerment of beautiful people like you. Im the luckiest man in the world to be one of you. I respect you so much. I love you so much. I reach out to each one of you. I ask for your guidance, your inspiration, your leadership. Let us embrace and lift each other. Let us reject hostility, self-indul-gence and retreat. Let us go forward together in the tradition of Jefferson, Lincoln, Gandhi, Martin Luther King, Nelson Mandela, Ed Roberts, Wade Blank and Elizabeth Boggs. Let us greet intimidation with courage, hate with love, demagoguery with simple truth. Let us overwhelm fear and fallacy with our vision of a society that empowers all. Let us unite to shout, each in our own way, Americans, people of the world, you have power! You have responsibility! Join us in the revolution of empowerment! Join us in building a culture that empowers everyone to win. Congratulations!!! -- Fred Fay Justice For All Moderator jfa@mailbot.com ************************************************************* On August 7,1997, the FCC unanimously approved a new law which will mandate captioning on virtually all television programming in the United States. Section 305 of the Telecommunications Act of 1996 is being implemented as a new section (Section 713) of the existing Communications Act. The ruling takes effect on January 1st, 1998, and phases in requirements separately for "old" and "new" programming. For programming that first aired prior to the effective date of the law, the FCC is allowing a ten-year transition period, after which 75% of the "old" programming must be captioned. This decision (the choice of 75% as a benchmark value) will be reevaluated in four years by the FCC. For "new" programming, airing for the first time after the effective date of the law, the FCC is allowing an eight-year transition period with milestones along the way. At the end of that eight year period (as of January 1, 1996), 95% of all new programming must be captioned. This is a compromise from the 100% called for in the preliminary rulemaking. The FCC allowed quite a few exemptions to the rules, including: 1) No video programmer will be required to spend more than 2% of its annual gross revenues on captioning. 2) All non-English programming is exempted. 3) "Non vocal" programming is exempted. 4) Commercials and public service announcements are exempted. 5) Programming from "new networks" is exempted. 6) All programs aired between 2:00am and 6:00am are exempted. A full transcript of August 7th meeting is available at http://www.caption.com/fcc/ ************************************************************* KUDOS to Demanding Equal Access for ALL (DEAF)for being named outstanding organization benefiting the deaf in Georgia by GAD. KUDOS to Sandy Marchman-GAD Outstanding Deaf Person award. The Georgia Association for the Deaf (GAD) announced Saturday that Sandy Marchman got "Outstanding Deaf Person" award. D.E.A.F. got an award for outstanding organization benefiting the Deaf in Georgia. Branton Stewart, one of the citizen activist, along with two ADAPT members Sandy Marchman & Zan Thornton, and many others worked in coalition(together) with many other organizations to make this year success possible. KUDOS to all the people who help DEAF make the success-especially thanks to Georgia's SILC-Statewide Independent Living Council & Pat Puckett for all their support!!! SILC-GA helped us fight to win money & services & our independence back to Deaf and Blind groups in Georgia. SILC's own money was cut, but they decided to help us first.SILC lost some of their money but helped Deaf and Blind people more that we will ever know. Again KUDOS to all - Congrats!!! Please send KUDOS and thanks to these people: SILC's e-mail(Pat Puckett): silcga@mindspring.com Branton Stewart: Branton@msn.com Sandy Marchman: Sandooga@aol.com ************************************************************* FIGHT TO KEEP NEBRASKA SCHOOL FOR THE DEAF OPEN SILVER SPRING, MD -- The Nebraska State Board of Education announced its decision to close the Nebraska School for the Deaf (NSD) on June 5, 1997: all elementary programs and services will be terminated in January 1998, and all secondary programs and services will be terminated in May 1998. In spite of a long and consistent battle by members of the community, parents, students, and educators, the decision still stands. The National Association of the Deaf deplores this action by the Nebraska State Board of Education, and is actively engaged in its opposition to the State plans to dismantle the programs and services at NSD. The NAD is dedicated to the goal of reversing the decision of the Nebraska State Board of Education to close the NSD, and supports the efforts of the community. A decade ago, the NSD enrolled 200 students, today there are approximately 35 students enrolled at NSD. This fact may have made it easier for the Nebraska State Legislature to cut $950,000 from the budget of NSD. This budget cut has led to this decision by the Nebraska State Board of Education to close the school. The NAD communicated with the State Legislature the need to maintain, if not increase, the available programs and services at NSD. The school is an educational setting which enables the State of Nebraska to comply with the requirements of the Individuals with Disabilities Education Act (IDEA). The regulations of the IDEA explicitly require that a full range of alternative placements is made available to the extent necessary to implement each child's individualized education program. The IDEA regulations further state that the continuum of alternative placements must include instruction in regular classes, special classes, **special schools**, home instruction, and instruction in hospitals and institutions. 34 C.F.R. 300.551 (emphasis added). For many children, NSD provides the least restrictive environment (LRE) because there exists a bicultural environment providing effective communication and language access. The termination of the programs and services at the NSD may result in depriving deaf and hard of hearing students of the required free appropriate public education. This is especially true in light of a Nebraska law in which the Nebraska State Legislature discourages out-of-state educational placements for children. If there is no NSD, and no encouragement to allow children to attend neighboring schools such as the Iowa School for the Deaf, the State may fail to provide the full range of alternative placements in violation of the IDEA. When the NAD was informed of the decision of the Nebraska School Board of Education to close the NSD, the NAD registered a formal complaint with the U.S. Department of Education on June 26, 1997, and is waiting for a response. As always, we will keep the Nebraska Association of the Deaf informed of any new developments, and look forward to receiving any input, information, or copies of correspondence. The NAD Law Center also stands ready to provide legal assistance to local attorneys who have questions about the IDEA. Should you have any questions for the NAD Law Center or Government Affairs, please contact Suzy Rosen, Legal Counsel for Government Affairs, at 301-587-0234 FAX, or SuzyRosen@aol.com email. The National Association of the Deaf is the nation's largest consumer organization safeguarding the accessibility and civil rights of 28 million deaf and hard of hearing Americans in education, employment, health care, and telecommunications. Focuses on grassroots advocacy and empowerment, captioned media, deafness-related information and publications, legal assistance, policy development and research, public awareness, and youth leadership development. More information on the NAD can found on the World Wide Web at http://www.nad.org. ************************************************************* DEAF WATCH WEBSITE TO PROMOTE DEAF OWNED BUSINESSES Deaf Watch Newsletter has longstanding policy of promoting the Deaf Community. Deaf Watch website has started a new highly aggressive program that will carry out this objective. A minimum of 2 FREE banner spaces will be granted to each Deaf owned business. The same support will go to most business that has 1/4 of their employees from the disability community. Right now the website is going through a MAJOR overhaul that will have many improvements. A preview of the new looks can be acessed from the main page. It is easier to read and understand. Banner advertising requests are now being accepted on a first come first served basis until all banner slots are filled. For more info click on the red ad banner or point it at Http://home.hwsys.com/users/roehm/ads.htm for the rules. Banner ads will appear on the website after October 1st. ************************************************************* D E A F Introduces a Pilot Program, and a New Staff Member St. Paul, MN., August 12 -- D E A F is proud to announce a pilot program Deaf/Hard of Hearing Recreation Services. This program is designed to increase access to metro area recreational activities. Dave Olson has been hired as a part-time recreation services coordinator to oversee this project and he will begin this new position on August 25, 1997. "We are pleased to have Dave on staff," said Lori Breslow, Executive Director, "He will work with local schools, parks and recreation departments, and Deaf organizations to coordinate the delivery and evaluation of recreations programs for Deaf and/or Hard of Hearing individuals and their families throughout the Twin Cities area." D E A F was founded in 1980 by the Minnesota Association of Deaf Citizens (MADC), a grassroots organization established in 1885. Today D E A F serves a broad constituency, including people who are born Deaf, those deafened later in life, Hard of Hearing people, and a variety of professionals and lay persons interested in improving the quality of life for all members of the Deaf and Hard of Hearing communities. D E A F is committed to empowering Deaf and Hard of Hearing people by increasing access to information. D E A F provides direct services to the Deaf and Hard of Hearing communities including: telecommunications relay service, adult education, tutoring, Deaf community networking, HIV/AIDS Prevention Education, and information/referral. For more information, contact Michael Zeledon at 612/297-6704 TTY, by fax at 612/297-6766 or via e-mail at deafinc@juno.com. ************************************************************* The Lawsuit Lists: More and more companies getting around ADA, especially when it comes to dealing with hostile bosses! ACCOMMODATION V SENIORITY RIGHTS Eckles v Consolidated Rail, CA7, No. 95-2865 Efforts to accommodate a disabled employee may involve shift changes that conflict with the seniority rights of other employees under a collective bargaining agreement. In the Eckles case, the Seventh Circuit U.S. Court of Appeals ruled that seniority rights could not be violated to accommodate a railroad yardmaster with epilepsy. WORKPLACE STRESS Wernick v Federal Reserve Bank, CA2, 95-9049 If a worker claims her back problem is aggravated by working for a particular boss, is the employer required to give the employee a different job as a reasonable accommodation? No, according to the U.S. Court of Appeals, Second Circuit. REQUEST FOR TRANSFER OF BOSS Weiler v Household Finance Corp, CA7, No. 95-3063 In accordance with regulations of the Equal Employment Opportunity Commission, courts have consistently ruled that a disability is a condition that limits an individual's ability to perform a class or range of jobs, not a condition that limits an employee from performing a specific job for a specific person. [ 29 CFR 1630.2(j)(3)(i)] ************************************************************* This month's recipients of the Deaf Watch Award. NotePage, Inc. (http://www.notepage.com) Another SUPER SITE! PARENT PALS GIFTED AND SPECIAL EDUCATION GUIDE (http://www.parentpals.com) This is a very resourceful site. Education and Support for Parents with Deaf Infants/Toddlers in a Bilingual-Bicultural Program (http://www.educ.kent.edu/deafed/gmtanza.htm) This is a very good resource site! Levi's World (http://www.leviworld.com) An EXECPTIONAL site! Animated American Sign Language Dictionary (http://www.feist.com/~randys) This is a great educational and resourceful site! Real World Success (http://www.realworldsuccess.com) Great and resourceful site! KALEIDOSCOPE Interactive (http://www.ktv-i.com) An EXECPTIONAL site! American Sign Language @ University of Washington (http://weber.u.washington.edu/~bzahand/asl@uw.html) Great new site! Thor Halvorsen's Homepage (www.geocities.com/Athens/Forum/6214) Great new site! ************************************************************* "I want to be looked at as an equal. A deaf person is the same as a hearing person." Dwight Collins, University of Central Florida running back. ************************************************************* "Salus populi suprema est lex" (By Cicero) Translation : The welfare of the people is the highest law ************************************************************* Letters from readers. CONGRATULATIONS to D.E.A.F. and to Sandy Marchman..... from SHHH in Georgia, (Self Help for Hard of Hearing People).....Sandy is a wonderful role model for the deaf community....we are happy for the recognition he has received.....Sandy has worked many long years on behalf of people who do not hear and advocated well.....it is hoped that the two groups - the deaf and hard of hearing people - will reach out and work together on mutually beneficial projects....let us keep in touch and plan for a better future in Georgia for the thousands of individuals we represent! Again....a sincere and heartfelt CONGRATULATIONS! Winnie Hargis, State Coordinator SHHH in Georgia ---------------- I need some help and advice. My brother, who is totally deaf, was recently, taken advantage of by two men. He had his house paid off a couple of years ago-well this man got him to go to the bank and get a home equity loan-rolled it over 3 times-Ricky now owes 25,000. dollars plus a 10,000 lien on a car-he can't even drive. He lives on less than 700.00 a month I believe. We have a lawyer but at some point there won't be any money to persue it further. Plus, we hate to see all of Ricks savings vanish. He has lost so much. There have been two civil suits filed. one on the car and one on the bank note. This whole situation makes us all very sick. We dont know what is the best route to take, we arn't lawyers, we dont know the court system. We dont know what to do. Any suggestions on a calm course of action to take. I would appreciate you input-Iowa is the state where my brother was living, he is now in nebraska. Rick did sign these bank papers. Thanks peltzs@bbc.net --------------------- A 16 year old deaf girl here in my hometown would love to be able to write and/or talk to Marlee Matlin. She admires her alot and would like to get to know her. I would appreciate any information that I receive on how to accomplish this task. Thank you. Amanda interp@hotmail.com ------------------------------------------------------------- - DEAF WATCH - Federal ID Number : 33-0765412 - Circulation by EMAIL : 241 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 ------------------------------------------------------------- - 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. ------------------------------------------------------------- - Need to stay on the net? Try DeafWatch's own - "Keeping You Connected" sublink which is packed - with graphical links to FREE email providers. -------------------------------------------------------------