DEAF WORKERS OF ORANGE COUNTY PROJECT -- DEAF WORKERS WEEKLY BULLETIN -- JANUARY 22, 2000 Greetings, Support new blood in advocacy, support advocacy reform, support positive relations with your hearing peers. Helping people with disabilities live a safe, healthy, and productive lifestyle is what Orange County Deaf Advocacy Center is all about. We believe in proactivity. This message to you is one of our proactive fundraising activities. PLEASE VISIT AND PATRONIZE OUR SPONSORS BELOW Get your free 6 month subscription to DeafNation Newspaper at this url: Http://www.deafnation.com/fundraiser/FR003.html Protect your family and belongings with Emergency Notification Network: Http://www.wearehere.com/ocda.html Your internet related needs can be found at: Http://www.i-sphere.com and dont forget to tell them OCDAC referred you to them. OCDAC's webstore has many useful items for people with hearing disabilities: Http://www.deafadvocacy.com/webstore.htm Orange County Deaf Advocacy Center is a non-profit 501(C)(3) dedicated to helping people with disabilities live a safe, healthy, independent, and productive lifestyles. Orange County Deaf Advocacy Center has been in active service to people in Orange County since November 1998 and have responded to thousands of inquiries and requests for information, support, resources, and referrals. Thank You, Richard Roehm ---- AMERICANS WITH DISABILITIES ACT THREATENED AGAIN Last year American citizens with disabilities faced the possible loss of the "most integrated setting" provision of Title II of the Americans with Disabilities Act in Olmstead v. L.C & E.W. But we fought it and we won. Now we face losing ALL protection from discrimination against people with disabilities by the states. If you thought Olmstead was a threat to your freedom, just wait, here comes his daddy!! In the Fall 1999 issue of The Whole Story I reported on the 8th Circuit Court of Appeals ruling Title II of the ADA [Alsbrook v. City of Maumelle] and Section 504 of the Rehabilitation Act [Bradley v. Arkansas Department of Education] as unconstitutional. · Since July 23, 1999, citizens of Missouri, Iowa, Nebraska, North Dakota, South Dakota, Arkansas, and Minnesota have had no right to file lawsuits against state entities under Title II of the ADA. · On August 31, 1999, we lost our 504 right to sue state entities that receive federal funds. It is still unclear how the Alsbrook decision has and will affect local governments that do not receive state funding, or who are not arms of state governments. It is also unclear how this may affect state-provided telecommunications relay services (TRS) under Title IV of the ADA. The United States Department of Justice (DOJ) and the United States Department of Health and Human Services (HHS) have both notified advocates in 8th Circuit states that we can still file complaints with them, but we have no private right of action. WHAT'S NEXT? The time is nearing for the rest of the country to face the threat against ADA Title II that citizens in the 8th Circuit realized last year. In its original brief to the Supreme Court, the DOJ had recommended that Alsbrook be heard by the Court after a decision in Kimel v. Board of Regents, a case challenging the use of the Age Discrimination in Employment Act (ADEA) in fighting discrimination by state employers. The DOJ stated that it would file a supplemental brief within fourteen days of the Kimel decision, which was issued on January 11, 2000. This means the DOJ's supplemental brief on Alsbrook is due to be filed with the Supreme Court by January 25, 2000. In Kimel the Supreme Court ruled that the ADEA was inappropriate legislation and that Congress had exceeded its authority under Section 5 of the Fourteenth Amendment. The Equal Protection Clause of the Fourteenth Amendment is supposed to allow Congress to pass legislation to abrogate state immunity under the Eleventh Amendment, if necessary to afford equal protection of law to citizens when the states have failed to do so. Following the reasoning of this decision, the future of Title II of the Americans with Disabilities Act (ADA) is directly threatened. Even the mainstream media has recognized the slippery slope with the Associated Press (1/11/00) reporting, "Today's decision did not discuss whether another federal law anti-bias law, the Americans with Disabilities Act, could be enforced with federal lawsuits against state employers. But the court's rationale seemed to rule out such enforcement as well." Writing for the majority rule in the 5-4 Kimel decision, Justice Sandra Day O'Connor noted that, "Age classifications, unlike governmental conduct based on race or gender, cannot be characterized as 'so seldom relevant to the achievement of any legitimate state interest that laws grounded in such considerations are deemed to reflect prejudice and antipathy.'" In obvious denial or ignorance of the widespread incarceration of elderly people in nursing "homes" by States, the Court concluded that, "Older persons, again, unlike those who suffer discrimination on the basis of race or gender, have not been subjected to a 'history of purposeful unequal treatment.'" Further, the Court stated in Kimel that, "Old age also does not define a discrete and insular minority because all persons, if they live out their normal life spans, will experience it." Even though the Congress did specifically recognize that, "individuals with disabilities are a discrete and insular minority who have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society," the President's Committee on Employment of People with Disabilities (PCEPD) recognizes that: "People with disabilities are the nation's largest minority, and the only one that any person can join at any time. If you do not currently have a disability, you have about a 20% chance of becoming disabled at some point during your work life. People with disabilities cross all racial, gender, educational, socioeconomic, and organizational lines." The National Organization on Disability recently designated Franklin D. Roosevelt as Person of the Century. After serving four terms, Roosevelt's presidency could be used to show we have had political power. There have been presidents with disabilities, but still no women or racial minorities. Additionally in Kimel the Court found that, "The exception in (Sec.)623(f)(1) that permits employers to engage in conduct otherwise prohibited by the Act 'where the differentiation is based on reasonable factors other than age' confirms, rather than disproves, the conclusion that the ADEA extends beyond the requirements of the Equal Protection Clause. That exception makes clear that the employer cannot rely on age as a proxy for an employee's characteristics." It seems the court could not conceive of Equal Protection Clause coverage having conditional exceptions. This analysis by the Court is particularly foreboding considering the exception language used in the ADA Title II: 35.130(b)(7) "A public accommodation shall make reasonable accommodations in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity." According to the National Constitution Center, "...equal protection does not require the government to treat all people equally; there are hundreds of federal and state laws that discriminate against classes of individuals. For instance, state laws requiring drivers to be 16 years and older discriminate on the basis of age: however, the classification is reasonably denied related to the state's need to regulate public safety." Any wheelchair user who still remembers being called a fire hazard will recognize the obvious implications of using that kind of rationale. While the National Constitutional Center recognizes certain suspect classes to fall under the Fourteenth Amendment such as race, ethnicity and religion; the Supreme Court's 1997 invalidation of the Religious Freedom Restoration Act of 1993, challenges this assumption. "...Congress had uncovered only 'anecdotal evidence' that, standing alone, did not reveal a 'widespread pattern of religious discrimination in this country.'" While religious persecution in this country is a far cry from the atrocities of Kosovo, numerous US organizations representing Christians, Moslems, Jews, Pagans, Native American groups, and other religious minorities continue to report widespread, and possibly increasing, religious discrimination in the US. Justice O'Connor contends that Kimel does not mean the end of age discrimination protection for state employees, because state statutes, "...in almost every State of the Union," already address this issue. That may be our one saving grace with Alsbrook, that most states do NOT provide nondiscrimination protections like the ADA for citizens with disabilities. Under Missouri law, people who are deaf have the explicit right to an interpreter in courtroom settings only, but not during the arrest process. Now the Supreme Court needs to know things like this. We need to tell the Supreme Court AGAIN that we will not go quietly into the night, and that we will not tolerate the trampling of our civil and human rights! We will not passively allow the Court to tread on our ADA!!!! Heather De Mian hdemian@thewholeperson.org ---- NATIONAL CLASS ACTION FILED AGAINST DISABILITY DISCRIMINATION IN LAW SCHOOL ADMISSION TEST Suit Follows U.S. Justice Department Lawsuit Apple Computer Co-founder Steve Wozniak Contributes Expenses Philadelphia, PA. A national class action lawsuit will be filed on Monday January 17, 2000 against the administrators of the Law School Admissions Test (LSAT) which is required for law school admission. The suit alleges that the Law School Admissions Council (LSAC) discriminates against people with disabilities by failing to grant them testing accommodations, such as extra time, which have been recommended by their treating doctors. Three Seattle, Washington LSAT applicants are filing the case through Philadelphia class action and civil rights attorney, David Ferleger (http://www.ferleger.com) claiming that the LSAC has violated the federal Americans with Disabilities Act. They seek money damages for the entire plaintiff class as well as a court order compelling the LSAC to halt its violations of the law. Last month, the U.S. Justice Department filed suit against the LSAC charging discrimination against people with physical disabilities in the law school testing process. (Sheila Delaney, Disability Rights Section, US Justice Dept., 202 307 6309). This new class action is broader in scope, as it includes discrimination against people with mental or physical disabilities. The lawsuit opens with these words: [QUOTE STARTS] The Americans with Disabilities Act has literally opened doors for millions of people who did not have access to facilities and opportunities nation-wide. To pass through a law school's doors, one must possess the "ticket" of an honest score on the Law School Admissions Test, the LSAT. The Defendants control the tickets and, in violation of the ADA, they refuse to pass them out to many individuals with disabilities whose personal treating doctors confirm are in need of testing accommodations to obtain an honest LSAT score which fairly represents their aptitude and capabilities. This nation-wide class action is intended to right that wrong. [QUOTE ENDS] Attorney David Ferleger said, "The Law School Admissions Council is breaking the law. LSAC acts like a kingdom unto itself, making itself judge and jury about applicants' disabilities. By ignoring medical reports from students' own doctors, the Council is shutting out some of America's great lawyers of the future. People with disabilities have a right to fair testing. LSAC's policies are unfair to hundreds of applicants." Plaintiffs are all persons who have applied for accommodations and been denied accommodations recommended by their personal doctors. The class representatives include: * Lise Nicole Dorfsman, a 1995 University of Washington graduate, a 22 year old with documented learning disabilities and mental health challenges. * Cima Fatomeh Amiri, who will graduate this year from the University of Washington, and has congenital physical anomalies including fusions in her vertebrae, resulting since 1998 in chronic and debilitating back pain and muscle spasms. * Pearl De La Cruz, who will graduate from Seattle University this year, and who has learning disabilities and mental health challenges, along with a serious and exhausting sleep disorder. In each case, the named class representatives' personal doctors supported their request for accommodations, requests which the LSAC refused to accept. Representing plaintiffs is David Ferleger. Ferleger has worked in the class action, civil rights and disability fields since he became an attorney in 1972. He has argued five times in the U.S. Supreme Court, taught at law schools (NYU and U of PA), and been a national writer and consultant in his fields. See http://www.ferleger.com. A national fund for legal expenses was announced by Ferleger with a major contribution from Apple Computer co-founder Steve ("THE WOZ") Wozniak who is well known for his contributions in education. The fund, Law School Anti-discrimination in Testing Fund ("LSAT") will assist the plaintiffs. The Law School Anti-discrimination in Testing Fund is accepting donations. "The three courageous women who filed this lawsuit have one goal, to bring justice in the testing process with the help of Steve Wozniak and other supporters, we will prevail", said David Ferleger. David Ferleger, Esq. 10 Presidential Blvd, Suite 115 Bala Cynwyd, PA 19004 610-668-2221 610-668-3889 fax http://www.ferleger.com Web Site for Legal, Disability & Jewish Links / Come visit! email mailto:david@ferleger.com ---- RESOURCE --- 16 ILLEGAL CREDITOR ACTIONS HIGHLITED A creditor may not use deceptive or misleading means in an effort to collect a debt. That could include the following: 1) Falsely implying that he is an attorney or government representative. 2) Falsely implying that you have committed a crime. 3) Representing correspondence as being from an attorney when it is not. 4) Implying that nonpayment of any debt will result in loss of personal property, wages, or arrest unless (a) it is lawful and (b) the creditor intends to follow through with such action. 5) Threatening to take action that is not legal or that the creditor does not intend to take. 6) Implying that the transfer of interest in the debt to someone else will result in any of the actions in number four. 7) The false representation that you committed a crime in an effort to disgrace you. 8) Misrepresenting your credit or failing to communicate that you are disputing a debt. 9) The use of written communication which simulates or is falsely represented to be a document authorized, issued or approved by any court, official or agency of the U.S. or any state, or which creates a false impression as to its source, authorization, or approval. 10) The use of any false or deceptive means to attempt to collect a debt or obtain information about a consumer. 11) Failure to disclose clearly in all communication that the debtor is attempting to collect a debt and that any information obtained will be used for that purpose. 12) The false representation or implication that accounts have been turned over to innocent purchasers. 13) The false representation or implication that documents are part of the legal process. 14) The use of any business, company, or organization name other than the actual name of the debt collector's business. 15) The false representation that papers being sent to you are not legal process forms when they are. 16) The false representation that a debt collector is employed by a consumer reporting agency. ---- HOUSING DISCRIMINATION SPOTTED IN NEW YORK CITY Cuomo said HUD filed housing discrimination charges accusing John McDermott, President of Space Hunters, Inc. -- a room locator service in New York City -- of violating the Fair Housing Act in two ways. First, HUD charged McDermott with refusing to help deaf people find housing. Second, HUD charged McDermott with steering people posing as renters to different neighborhoods based on their race. Space Hunters provides prospective renters with a list of rooms for rent by owners, usually in single-family homes. The charges were filed on behalf of Keith Toto, a deaf man from of Nanuet, NY, and on behalf of the Fair Housing Council of Northern New Jersey. The housing discrimination charges filed against McDermott and Space Hunters carry civil penalties of at least $22,000 plus monetary compensation for damages, humiliation, mental distress, and loss of housing rights if an Administrative Law Judge rules against McDermott. If either side chooses to take the case to federal court, punitive damages may be awarded. In early 1999, Toto called Space Hunters using the services of a relay operator. Relay operators are typically used by hearing impaired people to communicate by phone with parties who do not have a Telephone Device for the Deaf (TDD). Toto said that the person who answered at Space Hunters said the company did not serve people with disabilities, used an obscenity when questioned, and hung up. McDermott told HUD investigators that he did not have time to deal with relay operators serving people with hearing impairments and it was his policy not to talk to them. "Many people don't realize the Fair Housing Act protects people with disabilities from housing discrimination," Cuomo said. "This protection isn't something people with disabilities have to request as a favor -- its their right under the law, and HUD will enforce the law." Toto contacted HUD last March. HUD then asked the Fair Housing Council of Northern New Jersey in Hackensack, which receives HUD funding to enforce the Fair Housing Act, to assist in the investigation. The Council had testers posing as prospective deaf customers call Space Hunters using a relay operator. The tester said the person who answered for Space Hunters refused to assist him and used obscenities against the tester. A HUD investigator called Space Hunters a few days later and spoke to a man who identified himself as the manager. When told about the fair housing complaint from a person with a disability, the manager used obscenities and said his company did not have to deal with disabled people because it is time- consuming. The manager also used a racial epithet against the HUD employee, who was African American. In response to a racial epithet used by a Space Hunters employee, HUD then requested the Fair Housing Council in April to also test Space Hunters for possible racial discrimination. A white male tester met with McDermott and inquired about renting a room in a predominately Latino area of the Bronx known as Hunt's Point. The tester told HUD that McDermott tried to discourage him from living there, and that during their conversation McDermott referred to African Americans he has dealt with as "niggers," "lowlifes" and "dumb." Black testers who advised McDermott that they were interested in the same neighborhood told HUD he did not discourage them from living there. ---- CLINTON STRESSES INCREASES ON CIVIL RIGHTS ENFORCEMENT FUNDING IN RADIO ADDRESS Last Saturday, in his weekly radio address, President Clinton announced that his Fiscal Year 2001 budget proposes a significant increase for civil rights enforcement to help ensure equal opportunity for all Americans. The President's budget request of $695 million for civil rights enforcement agencies represents a 13 percent increase over last year's funding levels. The President today, citing the need to do all we can to build One America, also will call for immediate passage of the Hate Crimes Prevention Act. BOOSTING CIVIL RIGHTS ENFORCEMENT EFFORTS. The FY 2001 budget request of $695 million for civil rights enforcement agencies represents a 13 percent increase over last year's funding levels. Highlights of the President's proposal include: + Department of Justice's Civil Rights Division. The President's budget includes $98 million for the Civil Rights Division at the Justice Department -- an increase of 86 percent over the 1993 funding level. The proposed funding will permit the Justice Department to expand significantly investigations and prosecutions of criminal civil rights cases (including hate crimes and police misconduct), as well as fair housing and lending cases. Funds are also included to fund the Division's enforcement of the Americans with Disabilities Act. + Equal Employment Opportunity Commission (EEOC). The President's FY 2001 budget provides $322 million for the EEOC, 14 percent more than the enacted FY 2000 budget. Funds will go to several purposes, including the agency's effort to reduce the backlog of private sector cases through a combination of regulatory reforms, the use of alternative dispute resolution, increased staffing, and investments in information technology. + Department of Labor's Office of Federal Contract Compliance Programs (OFCCP). The Administration's budget also provides $76 million for OFCCP. The request includes funds to encourage Federal contractor compliance through increased outreach, education, and technical assistance, including providing contractors with the necessary tools to evaluate their equal employment practices. + Department of Housing and Urban Development's (HUD) Fair Housing Initiatives. The Administration's budget proposes $50 million, a 14 percent increase above last year, for HUD's efforts to reduce housing discrimination. Included in the request is a 16 percent increase, a $29 million, for the Fair Housing Initiatives Program (FHIP) for funding private fair housing groups that seek to eliminate and prevent housing discrimination. The proposal includes $7.5 million for the final year of a three-year audit-based enforcement initiative that exposes both blatant and subtle forms of housing discrimination and $2.5 million to fund training for housing providers to ensure that individuals with disabilities have access to housing. Also, the Administration seeks $21 million, a 5 percent increase, for the Fair Housing Assistance Program (FHAP) to support the creation of additional state and local fair housing organizations that would jointly work on behalf of underserved populations. + Department of Agriculture's Office of Civil Rights. The President's budget increases funding for United States Department of Agriculture's (USDA) civil rights programs from $18 million to $21 million. The USDA's civil rights programs will emphasize outreach to disadvantaged farmers, involve small and disadvantaged businesses in USDA programs, increase conflict resolution activities and more effectively process complaints. + Department of Education's Office for Civil Rights. The President's budget proposal of $76 million provides an increase of $5 million over the 2000 enacted budget to fund staff training and technological improvements to speed the resolution of civil rights issues. URGING PASSAGE OF EXPANDED FEDERAL HATE CRIMES LAW. The President today will also urge Congress to enact the bipartisan Hate Crimes Prevention Act as one of the first pieces of legislation it passes in the new millennium. The current federal hate crimes statute prohibits acts of violence that are based on a person's race, color, religion, or national origin and that are intended to interfere with certain federally protected activities. The proposed legislation would allow prosecutions to be brought even if the acts of violence did not interfere with federally protected activities. In addition, the legislation would authorize the Department of Justice to prosecute individuals who commit violent crimes against others because of the victim's sexual orientation, gender, or disability. Current federal law does not cover these cases. Finally, the President today will announce that his budget includes $20 million to promote police integrity and for hate crimes training for federal, state, and local law enforcement. ---- REPUBLICAN POLL SHOWS DEMOCRATS LEADING ON TOP ELECTION-YEAR ISSUES WASHINGTON (AP) - Private Republican polling shows Democrats hold an edge on top election-year concerns, and 25% of George W. Bush's support "prefers Democrats on the issues by a significant margin." Democrats were favored, 44% to 31%, when the survey asked potential voters which party cares more about them, according to the poll shown recently to about 50 GOP members of the House. At the same time, the findings suggested several ways for House Republicans to gain an advantage, including opening a "new issue front" on such subjects as government waste or retiring the national debt. The GOP is trying to retain its narrow majority in the House. The GOP leadership has already announced plans to highlight those issues in the congressional session beginning next week. ---- LAW FIRM SEEKS CLASS MEMBERS FOR TACO BELL SUIT We are looking at filing suit against Taco Bell based on inaccessible "queue lines" (the lines that you wait in to order food). If you live in California, use a wheelchair or scooter for mobility, and have had problems with the queue lines at Taco Bell, please e-mail me at tfox@foxrob.com Timothy P. Fox http://www.foxrob.com/ Fox & Robertson, P.C. 1675 Larimer Street, Suite 610 Denver, CO 80202 Telephone: (303) 595-9700 Fax: (303) 595-9705 ---- DISABILITY RIGHTS ADVOCATES SEEKS TESTERS Disability Rights Advocates (DRA), a non-profit law office which works to protect the civil rights of people with disabilities, is currently investigating a nationwide retail store for employment discrimination against people who are deaf or hearing impaired. We are looking for people who use American Sign Language who would be willing to assist us with our investigation as testers. We are willing to pay $100.00 for your assistance. If interested, please contact: Rowena Gargalicana Disability Rights Advocates e-mail: rowenag@dralegal.org 449 15th Street, Ste. 303 Oakland, CA 94131 ---- 40 YRAR OLD MAN SENTENCED TO 60 YRARS FOR ASSAULTING 7 YEAR OLD DEAF GIRL Dallas Morning News (Jan. 8, 2000}--A Dallas County judge has sentenced a man of Lewisville, Texas to 60 years in prison for sexually assaulting a 7-year-old deaf girl and then threatening to cut off her hands if she told anyone. James William Adams, 40, pleaded guilty to aggravated sexual assault. Prosecutor Marie Briner told state District Judge Janice Warder that Mr. Adams assaulted the girl more than once. His threat, she said, couldn't have been more cruel because it made the girl fear not being able to use sign language, thus losing her only way of communicating. Judge Briner also noted that Mr. Adams had a history of animal cruelty, including killing a family's dog with a hunting knife and killing fish in an aquarium by spearing them. ---- OCDAC WEBSTORE SUPPORTS THE DEAF COMMUNITY OCDAC WebStore is packed with items for use by people with hearing disabilities and a few extras. OCDAC WebStore can be found at: Http://www.deafadvocacy.com/webstore.htm ---- ELLEN TAUSCHER FOR CONGRESS HAS INTERNSHIPS Currently the campaign is looking for interns who will be available a minimum of 10 hours a week. Responsibilities will include assisting with volunteer recruitment and coordination, bulk mail coordination, research, data entry, event coordination and other campaign related work as needed. Part Time Position: Campaign Assistant Responsibilities: Perform database management, including data entry and production of database products, recruit and coordinate volunteers, oversee the bulk mail program, provide assistance at campaign events, coordinate house party program and perform other duties as needed. Qualifications: A commitment to the goals and ideals of Congresswoman Tauscher and her campaign. Experience, either paid or as a volunteer, in political organizing preferred. Must be organized, responsible and able to work under pressure in a challenging political environment. Computer literacy required. Own form of transportation is preferred but not required. Salary: $1000 per month. Must be available 25 hours per week including nights and weekends. Please fax your resume to: Lisa Tucker, Campaign manager, (925) 945-8521 Or Email to: smkfuller@mindspring.com The campaign is currently located in Walnut Creek, just west of John Muir Hospital on Ygnacio Valley Rd. We are accessible by BART and County Connection bus service. ---- ---- ---- ---------------------- WE GET LETTERS! Dear Friend, My name is Diana Malfa and I am the publisher of a newly launched free e-zine called DisabledPerson.Com. DisabledPerson.Com is a magazine for the disabled person that is written by the disabled person. There are interactive and non-interactive portions to our site. The interactive portions consists of Ask The Medical Expert, Letters To The Editor, and Community Central which is a community for live chat and discussions. The non-interactive part consists of Featured Articles, Archived Articles, Health Tips of the Day, Resources News Bytes and Get Published Here where the disabled person can write their own story about their disability.. Our URL is www.DisablePerson.Com. Please come and visit our site and register. Also, we would love your suggestions on what you would like to read. Any way come take a look. Thank you. Diana Malfa. ---------------- I am writing a children's book and want a deaf artist. Any recommendations. Please respond to me personally and provide a number or address or e-mail address. Thanks Richard Bernard rebern@FLASH.NET ============================================================== DEAF WORKERS OF ORANGE COUNTY Orange County, California Richard Roehm President Internet : Deaf@activist.com Deaf_Workers_OC@usa.net Website Nesmuth@worldnet.att.net Http://www.i-sphere.com/eyedeaf/dwoc.htm =============================================================== Feel free to redistribute this newsletter in it's entirety and if you are planning to add a mailing list as a subscriber then let me know for my records. 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