DEAF WORKERS OF ORANGE COUNTY PROJECT -- DEAF WORKERS WEEKLY BULLETIN -- January 16, 1999 Greetings, I just pass news to you and get my rest. I have pre-op work to do next week. I look forward to getting my heart fixed and continuing to lead the disability community of Orange County toward the promised land of fairness, equality, and justice. Richard Roehm ---- DEAF WATCH EDITOR CALLS OCTA'S 'HEAVIER RIDERSHIP' CLAIMS "PURE RUBBISH" With the Deaf Watch Newsletter returning to the docks, we decided to fire one more shell inside the home area. From OCTA's website at http://www.octa.net/newfares.shtml Q) Why is OCTA changing the senior citizen and persons with disabilities discount during the non-peak hours? A) The peak and non-peak fares were established to encourage customers to make trips during periods of low ridership. However, demand for OCTA bus service has increased and ridership has become heavier throughout the day, thereby reducing the non-peak ridership time periods. I find this very difficult to believe. On January 13, I checked out the buses that stop on Main Street in Santa Ana between Santa Ana Blvd. and Seventeenth Street during non peak hours and they average 10.3 riders, just the typical "low ridership" appearance. Here are the details of my investigation: FRONT/INSIDE Route Number Bus Numbers Boarding Time Passenger Count* ------------ ----------- ------------- --------------- 53 (S) 5304 / 5318 9:29 AM 16 205 (N) 2052 / 5364 9:33 AM 9 53A (N) 5309 / 5912 9:38 AM 13 55 (S) 5503 / 4203 9:43 AM 0 53 (N) 5301 / 5316 9:56 AM 22 205 (S) 2051 / 5316 10:02 AM 11 205 (N) 2057 / 4158 10:04 AM 6 56 (S) 5606 / 5330 10:10 AM 5 56 (N) 5602 / 5228 12:33 PM 9 56A (S) 5603 / 5227 12:44 PM 11 55 (S) 5502 / 4202 12:49 PM 14 56 (N) 5607 / 5001 12:55 PM 4 53 (N) 5306 / 5320 1:02 PM 12 55 (N) 5502 / 4202 7:28 PM 3 205 (N) N/A / 5365 7:38 PM 8 53 (S) 5302 / 5317 7:43 PM 16 56 (S) 5601 / 5229 7:46 PM 6 53 (N) 5304 / 5318 8:01 PM 18 (N) or (S) represents direction of travel on Main Street with "N" being North and "S" being South. *Passenger counts do not include me. Their claims of heavier ridership is PURE RUBBISH! Documentation I have includes transfer slips and I took photographs of some of these buses with few riders. Photographs are not going to lie! Again I want to state..... The proposed bus fare hikes presents a disaster to people with disabilities who depend on bus transportation to seek work, to go to and home from work, to see their doctors, to go to schools, and to go shopping. They know better than to jack the fare up over 900 percent higher for an individual with a disability to go from Mission Viejo to the Dayle McIntosh Center for the Disabled in Anaheim and back. It is very sad that Orange County Transportation Authority is very far behind on the facts relating to our community and I intend to educate them in the form of a strongly written protest to them. ---- ZOLAR FAMILY RECIPE MAILING LIST APPEALS TO DEAF CULINARY ARTISTS The Zolar Family Recipe Are you tired of looking at old boring recipes? Would you like a new way to look at recipes? If you do, then this is for you!! Narissa Teeter AKA 'Rissy' and Jeff Anderson AKA 'Zolar' both run this email group. We would like to introduce you all to our cooking recipes. This includes submissions of recipes from deaf people allover the world. This is how it works, if you've got some recipes you'd like to share with us, by all means go ahead and join up with us and you will be able to submit your recipes into "The Zolar Family Recipe" email group. It is free and all you need to do is go to http://www.mindspring.com/~zolar/tzfrecipe.html and sign up with your email addresses there and after you get a verification email from the listbot, you're in! You will be able to start sending your recipes to tzfrecipe@listbot.com If you've got any quesions you're more than welcome to contact Narissa Teeter at garfield1964@hotmail.com and/or Jeff Anderson at drzolar@yahoo.com . ---- AMERICA'S ATHLETES WITH DISABILITIES FILE ADA LAWSUIT AGAINST CHICAGO DAYS INN FOR FAILURE TO ACCOMMODATE (Oct. 19)-Equip for Equality, Inc. filed suit in federal court against the Chicago - Days Inn Downtown / Lake Shore Drive hotel for failing to accommodate members of America's Athletes with Disabilities (AAD), a national, not-for-profit association that sponsors athletic programs and sporting events for people with disabilities. In 1997, AAD contacted the Days Inn hotel, located at 644 N. Lake Shore Drive, and requested a quote on 90 rooms to house athletes with disabilities and their families and friends during their stay in Chicago for an AAD-sponsored wheelchair basketball tournament to be held at Navy Pier. Days Inn was selected because of its physical proximity to Navy Pier, which would allow the athletes convenient and independent access to the tournament. After AAD representatives toured the rooms, it was apparent that the doors to the bathrooms were too narrow for someone in a wheelchair to enter. In addition, it was determined that the banquet facility was inaccessible. Accordingly, AAD requested, as reasonable modifications, that the doors to the bathrooms be removed to allow access and that a ramp be installed in the banquet room. Days Inn originally agreed to remove the doors, but only at the additional cost of $40 per room. Days Inn also indicated that AAD would have to pay for the cost of the ramp for the banquet room. AAD informed Days Inn that the extra charges were unlawful under the ADA. In response, Days Inn acknowledged that it could not charge for the reasonable modifications, but it still refused to agree to AAD's accommodation requests. The next day, Days Inn advised AAD that market conditions had changed and the cost would be $129 per room rather than the $79/room originally stated. When AAD tried to secure the rooms at the increased rate, Days Inn informed AAD that there were no vacancies for the dates in question. As a result, AAD was forced to find lodging elsewhere at substantial inconvenience and expense. “It is surprising that this case involves Days Inn,” said Barry Taylor, Program Director of Legal Advocacy Services of Equip for Equality, “Over the past few years, the U.S. Dept of Justice has sued Days Inn hotels across the country for failing to build accessible lodging. For more information, contact Barry C. Taylor or Karen I. Ward, 312-341-0022, or Jane Canepa, 312-944-6667. Source: Michael Brennan Michael.Brennan@poboxes.com ---- COMMISSION ADOPTS MODIFICATIONS TO CLOSED CAPTIONING RULES FOR VIDEO PROGRAMMING (MM Docket No. 95-176)-The FCC adopted an order (FCC 98-XXX) revising the video programming closed captioning rules. With this action the Commission is responding to a number of petitions for reconsideration of the closed captioning rules. Section 305 of the 1996 Telecommunications Act added a new Section 713, Video Programming Accessibility, to the Communications Act and required the Commission to prescribe rules and implementation schedules for captioning. On August 7, 1997, the Commission adopted an order (FCC 97-279) that included rules and implementation schedules for captioning of video programming ensuring access to video programming by persons with hearing disabilities. Congress generally required that video programming be closed captioned, regardless of distribution technology, to ensure access to video programming by persons with hearing disabilities Congress also recognized that in some situations requiring that programming be closed captioned might prove to be an economic burden on video programming providers or owners. For more information: News Media contact: Morgan Broman at (202) 418-2358 Cable Services Bureau contact: Marcia Glauberman, John Adams at 418-7200; TTY: (202) 418-7172 ---- MAN CONVICTED OF RAPING DEAF WOMAN PITTSFIELD, Mass. (AP) -- A man accused of raping a deaf woman was convicted after a judge rejected his claim that he didn't understand the woman's sign-language protests. Byron Bevins, 31, was sentenced to 12 to 15 years in prison Wednesday after he was found guilty by Judge Judd Carhart in a non-jury trial. Prosecutors said the Brattleboro, Vt., woman, who had been visiting Bevins, had emphatically protested in sign language as she was assaulted. AP-NY-01-07-99 1323EST ---- CORRECTED VISION NOT A DISABILITY Sutton v. United Airlines, Inc. No. 97-1943 Court below: 130 F.3d 893 (10th Cir 11/26/97) At issue in this American with Disabilities Act (ADA) case is: (1) whether an airline pilot is excluded from protection under the ADA when her uncorrected vision constitutes a physical impairment under the ADA but the pilots' vision can be corrected; (2) whether the courts should defer to the EEOC Interpretive Guidance that disabilities should be analyzed in their corrected state; and (3) whether an airline pilot is considered "disabled" under the ADA for having poor vision. Under the EEOC's Interpretive Guidance, "[t]he existence of an impairment is to be determined without regard to mitigating measures such as medicines, or assistive or prosthetic devices." 29 CFR s 1630, App. s 1630.2(h) para 2. The courts are split as to whether the EEOC's Interpretive Guidance is correct or is in conflict with the statutory mandate that the impairment "substantially limit" a major life activity as required by the ADA, 42 USC s 12102(2)(A). The court below held that although the pilots' uncorrected vision was a physical impairment within the meaning of the ADA, the pilots' corrected vision did not substantially limit her major life activity of seeing and is therefore not a "disability" under the ADA. ---- HYPERTENSION IS NOT A DISABILITY Murphy v. United Parcel Service, Inc. No. 97-1992 Court below: 141 F.3d 1185 (10th Cir 03/11/98) At issue in this American with Disabilities (ADA) case is (1) whether the ADA requires a mechanic be evaluated for hypertension in its unmedicated state and (2) whether a genuine dispute existed about whether the employer regarded the mechanic as disabled and fired him because of his hypertension. Without medication, Murphy's blood pressure is approximately 250/160. In August of 1995, Murphy was hired by UPS as a mechanic after a health exam, required by the Department of Transportation (DOT), showing his blood pressure to be 186/124. UPS terminated Murphy after a UPS company nurse concluded that Murphy's blood pressure did not meet the DOT's requirements for commerical truck drivers. The court below held (1) the determination of whether an individual's physical or mental impairment substantially limits major life activity under the ADA's definition of "disability" should take into consideration mitigating or corrective measures, and thus (2) a mechanic whose hypertension, when medicated, did not substantially limit him in any major activity was not protected under the ADA. ---- 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 ---- DISABLED FRIENDS OF VICE PRESIDENT GORE ESTABLISHES WEBSITE New York, NY U.S. -- January 12, 1999. This day marks the beginning of a new era in political activism and national political involvement for persons with disabilities. For the first time in the history of our nation, disabled citizens from all walks of life are becoming involved in the national political process. "It is our belief that Albert Gore, represents the best of what our nation has to offer, and will deliver a comprehensive national disability policy agenda," said Phil Kirschner, President and founder of Disabled Friends of Albert Gore. "So we decided to mobilize our disabled friends and volunteer our time and money for the support of Albert Gore for President of the United States. Not since Franklin D. Roosevelt has their been a candidate who is in touch with our needs." The group has developed a Web site http://www.disabledforgore.org to get their message out to the general public. Here you can make a difference and volunteer your time, or contribute to the election campaign. You will also find voter registration information in your area, assistance to get to the polls, information about mail-in voting if you are disabled and much more. Honorary Co-Chairman for Disabled Friends of Albert Gore includes the Honorable Justin Dart, Father of Disability Rights, Sylvia Walker, PhD and Christopher Rosa, National Vice President, Muscular Dystrophy Association "Our goal is to raise funds to get Mr. Gore elected President and to achieve a voice in national politics and work toward the full implementation of an actual national disability policy agenda," said Mr Kirschner. "This is an opportunity for our disabled friends to make a difference in a national election." For further information, please visit their web site at http://www.disabledforgore.org or contact them by e-mail at philk@disabledforgore.org or by telephone at (718) 642-8095 or fax (718) 642-4836 ---- HONOREES NAMED FOR 20TH ANNUAL WALTER KNOTT SERVICE AWARD LUNCHEON Goodwill Industries of Orange County will honor individuals who have made outstanding contributions to improving the quality of life for people with disabilities. Honorees of 20th Annual Walter Knott Service Award Rick Boggs -- Airtouch Cellular Spokesperson Renee Bondi -- Inspirational Recording Artist Kathy Buckley -- America's First Deaf Comedienne Judith Partridge -- President of Eastwood Insurance Honorees will be recognized at Goodwill Industries of Orange County's 20th Annual Walter Knott Service Award Luncheon In recognition of Walter Knott's exemplary service to others, Goodwill Industries of Orange County's Board of Directors created the Walter Knott Service Award. A true humanitarian, Walter Knott devoted much of his life to giving back to the community. His contributions and spirit of generosity have been memorialized by this annual tribute since 1978, when Knott was honored as the first award recipient. This year, Goodwill Industries of Orange County is proud to recognize the accomplishments of these four honorees. WHEN: Friday, February 19, 1999 11:30 a.m. Reception 12:00 p.m. Luncheon and Award Presentation WHERE: Hyatt Regency Irvine 17900 Jamboree Boulevard Irvine, CA 92614 The 20th Annual Walter Knott Service Award Luncheon is a fund-raising event to benefit education, training and employment services for people with disabilities and other barriers to employment in Orange County. Tickets are $75 each and sponsorships are available from $1,200 - $10,000. Sponsorship opportunities and program advertisement information are available upon request. CONTACT: Denise Desmond of Goodwill Industries of Orange County, 714-547-6308, ext. 309. ---- NATIONAL COUNCIL ON DISABILITY COMMENDS PRESIDENT CLINTON FOR MAKE WORK PAY INITIATIVES WASHINGTON—The National Council on Disability (NCD) applauds President Clinton for announcing plans to encourage people with disabilities to overcome work disincentives and return to the workforce. According to NCD chairperson Marca Bristo, “NCD commends President Clinton for announcing an agenda today that is a good start to make work pay for millions of Americans with disabilities. Many Americans feel trapped on disability rolls, unable to take a job for fear of losing the health care and long-term services and supports they need to survive.” “NCD encourages congressional leaders to work together to pass a strong, bipartisan bill based on the President’s proposals, and calls on states to take advantage of the health care option this new legislation would create,” Bristo added. NCD held a series of field hearings in 1997 to develop a set of coherent policy solutions that reflect the best research and thinking on the issue of Social Security reform. NCD then issued its report Removing Barriers to Work: Action Proposals for the 105th Congress and Beyond, which contains recommendations to remove barriers to work for people with disabilities. Many of the action proposals in that document were announced today by the President. NCD is an independent federal agency making recommendations to the President and Congress on public policy affecting people with disabilities. For more information, contact NCD general counsel Andrew J. Imparato at 202-272-2112 or public affairs specialist Mark S. Quigley at 202-272-2008. ---- 60 MINUTES TO HAVE SPANISH CLOSED CAPTIONING The Caption Center at WGBH and CBS, which have collaborated for over a year to provide both English and Spanish closed captions for "60 Minutes" every Sunday evening, are pleased to announce that 60 Minutes II will also be broadcast with both English and Spanish captions. The eagerly awaited expansion of television's first and most successful newsmagazine will debut on CBS stations tonight, Wednesday, January 13 at 9pm (ET) with a team of correspondents including CBS News veterans Dan Rather and Bob Simon as well as Charlie Rose (host of "Charlie Rose" airing weeknights on PBS, and captioned by The Caption Center/WGBH). The Caption Center has a highly trained team of bilingual caption writers which translates each broadcast. English and Spanish closed captions are broadcast simultaneously at the time of air. Funding for English closed captioning of 60 Minutes (Sundays) is provided by CBS and corporate caption sponsors Ford and American Express. Spanish captioning is funded entirely by CBS. Funding for English closed captioning of 60 Minutes II (Wednesdays) is provided CBS and the U.S. Department of Education's National News and Information Programming award. Spanish captioning is funded entirely by CBS. Closed captions are hidden in the television signal and can be opened or "decoded" through a television's built-in decoder or through a set-top device. Most televisions sold since 1993 contain a built-in decoder. Viewers can access captions in these televisions via their remote control and on-screen menus. The English captions are available on CC1. The Spanish captions are available on CC3. Some televisions equipped with built-in decoders do not offer the CC3 feature. Viewers should check their television's operating manual or with the manufacturer for specific directions on displaying the CC1 and CC3 captions. The Caption Center, the world's first and most experienced captioning agency, captions thousands of hours of programming annually from offices in Boston, Los Angeles and New York. In addition to closed captioning television programming for PBS, commercial broadcast and cable networks, The Caption Center/WGBH has pioneered access to DVD, digital television and first-run feature films. Questions, comments and suggestions can be forwarded to The Caption Center via e-mail: caption@wgbh.org. ---- MASSACHUSETTES ACCUSED OF DUMPING THE DISABLED SPRINGFIELD, Mass. (AP) -- Loretta Rolland says all she wants is ``a real home and a real life'' again. For 51 years her mother had provided the help that Rolland, who suffers from cerebral palsy, needed to have that life. But, when her mother died, the state put her in a nursing home. Six years later, she is still there. Still yearning to ``be with people my own age.'' Bruce Ames managed to live on his own for more than 20 years. He even got and kept a job. Ames was one of thousands of mentally retarded people in western Massachusetts to benefit when a federal judge was appalled by inhumane conditions at the Belchertown State School and devoted the next decade to forcing Massachusetts to create community placements for its residents. Then, when the family Ames had been living with had to give up the work, the state Department of Mental Retardation put the 47-year-old into a nursing home. ``They said it would be temporary. That he wouldn't be there for more than three months,'' said his sister Linda Bock of Weare, N.H. Two years later, he is still in a nursing home. ``These are the forgotten people,'' said Steven Schwartz of the Center for Public Representation. The Center and other advocacy groups have filed a federal suit in U.S. District Court here on behalf of Rolland, Ames, and an estimated 1,600 other mentally retarded and developmentally disabled people now in Massachusetts nursing homes. Lawyers don't have exact numbers, but they estimate that about a third are in their 40s and 50s. More than half have already qualified for community care. And they say that out of the more than 870 people the state's own screening found needed specialized services aimed at their disability, only 114 are receiving the extra help in nursing homes. State officials say the problem is too little money and a waiting list of 3,000 people already seeking residential placements. Over the past two years, the legislature has appropriated $15 million towards reducing the waiting list, including $10 million to create group and other homes for those being cared for by elderly parents. ``It's part of a larger problem,'' said Leo V. Sarkissian, executive director of the Massachusetts chapter of The Arc, an advocacy group for the mentally retarded. ``The legislature has been unbelievably understanding, and we are making progress,'' he said. Still, he estimated it would cost $100 million over the next four years to erase Massachusetts' waiting list. And the situation is getting worse. About 2 million of the nearly 7.5 million mentally retarded people in the United States are older than 50. And as their parents age or die, many of these adult children face uncertain futures. Today, nearly a quarter of a million mentally retarded people are on waiting lists for either residential or day services, according to The Arc. In Massachusetts, about 750 families -- nearly a quarter of all those on the waiting list -- had been waiting at least a decade for a residential placement for their adult son or daughter, according to a 1977 study commissioned by the Massachusetts Arc. The average age of those caring for retarded adults is in their 60s, and some are in their 80s. ``It's tough enough for the average citizen facing their senior years, but imagine adding to that the worry of how you can be assured that your son or daughter will get the support they need,'' Sarkissian said. Massachusetts isn't alone in struggling with the problem. New York Gov. George Pataki has proposed spending $230 million over the next five years to trim his state's waiting list of 6,500. Maryland also has a multimillion-dollar plan. And the state of Florida has been ordered by a federal appeals court to move on its lengthy waiting lists. New Jersey voters approved a $160 million Human Services bond issue in 1994, half of it devoted to group homes to reduce its waiting list. Four years later the waiting list has grown from 4,000 families to 5,124 as more families that had been taking care of their adult children sought help. New Jersey officials now say it will take $323 million to meet the need. ``It's almost as if we are taking advantage of our elders twice,'' said Sarkissian. ``They didn't get any help taking care of their retarded children when they were younger,'' he said. ``Now the time has come when they desperately need it.'' ``And, now in their 70s, when their energy level is lower and it's harder for them to fight, we are abandoning them.'' AP-NY-01-13-99 1202EST ---- JUSTIN DART PRAISES CLINTON ON ECONOMIC INITATIVES Justice For All jfa@mailbot.com Justin Dart's Report On President's Economic Initiatives: Congratulations President Clinton! Congratulations Colleagues! Today President Clinton, addressing about 200 members of the disability community in the White House, announced a number of good initiatives to enable people with disabilities to become employed. 1. The FY2000 budget will fund the full cost of the Jeffords-Kennedy Work Incentives Improvement Act, 1.2 billion dollars over five years. This bill, if passed by the Congress, will help people with disabilities to work without losing their medical care. 2. Will provide a one thousand dollar tax credit for work related expenses for people with disabilities. 3. Will more than double the governments current investments in assistive technology. 4. The President pledged full support for a strong Patients Bill of Rights. 5. The President reaffirmed his direction to the Small Business Administration to expand its outreach to people with disabilities. 6. Tomorrow, Tipper Gore will announce the removal of Federal hiring barriers for people diagnosed as having psychiatric disabilities. There was discussion of other issues. The President said that these initiatives constitute fully supportive action on all the recommendations of his Task Force on the Employment of Adults with Disabilities. Other speakers included Vice President Gore, Senators Kennedy, Jeffords and Harkin and Karen Moore, a disability rights advocate from South Dakota who will benefit by the Work Incentives Improvement Act. Prominent disability community members present included Marca Bristo, Judy Heumann, Tony Coelho, Becky Ogle, Tony Young, Bob Williams, Michael Winter, Howard Mosses, Susan Daniels, Patty Smith, Curt Decker, Marty Ford and many others. Also present were several cabinet members including Alexis Herman, Donna Shalala and Rodney Slater. This was a great day for people with disabilities. The initiatives announced, if passed by the Congress, will hardly solve all of our problems, but they constitute a significant step forward down the long road to the promised land of full inclusion. Perhaps more importantly, todays event symbolizes how far we have come as a movement. I remember the days when lower level White House staffers didnt return our calls for two weeks. Now we are sitting at the policy table with the President, the Vice President and Cabinet Ministers, and we are beginning to get action. Congratulations to President Clinton, Vice President Gore, Alexis Herman, Becky Ogle, Tony Coelho, Marca Bristo and all concerned with the Task Force. Congratulations to each one of you who struggled over the years to make days like these possible. I urge you to support todays initiatives in the Congress and to continue your inspired leadership for the revolution of empowerment. I love you! Justin Dart, Jr. ============================================================== 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 =============================================================== Circulation Information Direct Email subscribers : ** Indirect Email Subscribers : ** 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. Thank you. =============================================================== Deaf Workers of Orange County will continue to aggressively pursue justice, fairness, and equality for the Deaf Community. =============================================================== Education is the best gift that lasts a lifetime! Help someone subscribe to Deaf Workers Weekly Bulletin =============================================================== SUBSCRIPTION INFORMATION To be added to the mailing list, send "ADD WORKERS BULLETIN" To be deleted from the mailing list send "DELETE WORKERS BULLETIN" to this address Deaf_Workers_OC@usa.net Mailing lists are never sold/given to anyone. =============================================================== Need to stay on the net? Try DeafWatch's own "Keeping You Connected" page which is packed with graphical links to FREE email providers. ===============================================================