DEAF WORKERS OF ORANGE COUNTY PROJECT -- DEAF WORKERS WEEKLY BULLETIN -- FEBRUARY 26, 2000 Greetings, It's politics...politics...politics! I dont have a commentary this time. Richard Roehm ---- G.W. BUSH'S COMPASSIONATE CONSERVATISM GETS PUBLIC TEST ON DISABILITY ISSUES Glen Johnson, AP 2/17/2000, writes: CONWAY, S.C. ?? As he campaigns for the presidency, George W. Bush talks about being a "compassionate conservative." During a stop in South Carolina Thursday, political philosophy was given a human test. Christine Green, a legally blind student at Coastal Carolina University, stood up before an audience of more than 1,500 and complained she was having trouble finishing her degree. Neither she nor the school could afford a special $400 eyepiece for a microscope she needed in her final class. What, the 26-year-old biology major asked, would Bush do as president to help people with disabilities? "I bet somebody will help you get a diopter," the Texas governor replied. "I bet somebody right here in this audience may stand up and help you get it." After asking how much the eyepiece cost -- and appearing to consider paying himself -- Bush said: "You know something, do I hear a bidder?" In an instant, Buck Limehouse, a Republican candidate for Congress from Charleston, said he would pay for the piece. As the audience applauded, Limehouse and Green embraced in the center of the university's gymnasium. Bush said it was a fitting end to his appearance, but afterward, Green said she had mixed emotions about his response. "I'm very appreciative that he got the money for me, but I'm not the only disabled person in the world," she said. She complained that the joyful uproar of the moment prevented Bush from answering her larger question. Bush talks of a compassionate conservative as being someone who believes the government can help people -- but not provide all the answers. To fill the void, Bush speaks of "rallying the armies of compassion," private groups and people who help the less fortunate. He says the government should support such programs but not run them, lest they get bundled in bureaucracy. He does support Medicaid and Supplemental Security Income, government health programs for the poor and disabled. During an interview after his speech, Bush acknowledged he thought momentarily about paying for Green's eyepiece himself. "I thought I would be ridiculed by a press corps that said, 'Bush trying to buy votes,' to be frank with you, so I didn't," he said. "But I knew there were some people there who would be willing to help." Sometimes, Bush's approach in such situations can come off as callous. During a stop earlier Thursday in Florence, a woman whose son had a life-threatening medical condition complained that she might be forced to repay some government-funded medical care. She asked the governor about medical insurance programs. Bush talked to the woman about the benefits of his proposed medical savings account, including catastrophic health insurance, but said any permanent resolution would take time. "I'm sorry, obviously. I wish I could wave a wand," he said, before turning away and taking the next question. During the interview at Coastal Carolina, Bush said, "The propensity in life is to say, 'Well, don't worry, government will solve all the problems.' Had she been waiting for a government response, obviously, she'd still be waiting." Efforts continue to try to get the presidential candidates to address disability issues in campaign issue papers. Thus far we have only received Vice-President Al Gore's paper, which is in the JFA (November 21st, 1999) Archives at: http://www.jfanow.org or http://www.jfanow.org/cgi/getli.pl?963 Fred Fay Chair, Justice For All jfa@jfanow.org http://www.jfanow.org Register to Vote Online at http://www.fec.gov/votregis/vr.htm ---- EDUCATION IS TOP CAMPAIGN ISSUE ON CAMPUS ACCORDING TO GOLIN/HARRIS COLLEGE CAMPUS PANEL CHICAGO (February 8, 2000) --- In a survey taken immediately following the New Hampshire primary, members of Golin/Harris International's College Campus Panel say the most important issues about this year's presidential race are education, ensuring continued economic growth, enhancing race relations and restoring moral leadership in government. The overall results indicate a very socially conscious group of students, who are also optimistic about their future. "College students are the leaders of tomorrow and the major trendsetters of today," said Rich Jernstedt, CEO, Golin/Harris International. "We seek to understand their values and opinions through the development of the College Campus Panel. Their perspective on political issues is just one dimension of how youth impact society today." Political affiliations of the students broke down remarkably even with 30 Democrat, 27 Republican and 33 Independent. However, the independents responded that if pushed, they would lean almost two to one in favor of Democrats (21) to Republicans (12). "Among the age group that is considered one of the most web-savvy, it was interesting that students rated the Internet as a trusted source of political information only slightly above television, but well below newspapers and magazines," said Phil Kawior, senior vice president and director of research. "Our most recent survey found a group of extremely optimistic young people who are engaged in national issues." The following results are from the informal survey in which 90 panelists from college campuses around the U.S. responded with the following results: · Ninety-five percent of the students are currently or will be registered to vote by election day. Only 22 percent of the panelists are not currently registered to vote. · Parents are the panelists most trusted source of political information. Teachers rank second and newspapers rank third. · Two-thirds of the panelists plan to vote in the presidential primary, state caucus or convention, where applicable. · If the election were held today: 28 panelists remain undecided, 21 would vote for George W. Bush, 18 for Al Gore, 11 for Bill Bradley, 10 for John McCain, one for Steve Forbes and one for Orrin Hatch. · An interesting dichotomy was that the students indicated their fathers are more likely to be Republicans, but their mothers are more likely to be Democrats. This poll was used strictly to gauge trends among college students. While it is not a scientific, randomly selected group, the College Campus Panel remains a useful tool for gauging opinions and trends of college students. The survey was conducted Wednesday, February 2, through Friday, February 4, 2000. The College Campus Panel is a group of 100 students from 100 different colleges and universities across the United States. Students are selected based on a variety of factors to serve as a sounding board for Golin/Harris. Founded in 1956, Golin/Harris International is a full service public relations firm, providing professional counsel and quality programming to clients nationally and internationally. Golin/Harris clients include McDonald's Corporation, Johnson & Johnson, Bayer Corporation, DaimlerChrysler, Texas Instruments, Nintendo of America Inc. and Owens Corning. Golin/Harris International is headquartered in Chicago. It is part of the Interpublic Group of Companies (NYSE: IPG). ---- WHEN THE DEAF NEED HELP, LOCAL COURTS FAIL By Robert Rudolph STAFF WRITER It was not the wedding day they dreamed of. For Jorge and Jessica Soto of Jersey City, who are deaf, their marriage ceremony in Newark municipal court proved more an exercise in frustration and humiliation than a celebration. The couple said court officials refused repeated requests to provide a sign-language interpreter, leaving them "with no clear understanding of anything that occurred during the ceremony." The Sotos are two of a growing number of hearing-impaired individuals who say the New Jersey municipal court system is not listening to their plight and is systematically discriminating against the deaf by failing to provide sign language interpreters during court proceedings. According to their attorney, Clara Smit, a year after their wedding they remain haunted by a process in which they were "ignored, humiliated and treated like nonpersons." Now a federal judge has agreed that Newark court officials erred when they refused to provide a sign-language interpreter for the Sotos. A number of secondary legal issues in the case, including possible damages for the Sotos, have yet to be resolved. The ruling by U.S. District Judge Alfred Wolin late last year, however, has set the stage for a decision in a separate lawsuit filed by Smit, who says she wants to ensure that the hearing-impaired are treated fairly in all municipal courts in the state. Smit, an East Brunswick-based private attorney who has specialized in championing the rights of the hearing-impaired, is pursuing a class-action suit on behalf of the New Jersey Association of the Deaf and a number of individuals who were described as frustrated and embarrassed during various municipal court sessions. Smit has accused the courts of violating state anti-discrimination laws as well as the federal Americans with Disabilities Act. Smit acknowledged that the ruling in the Soto case gives new ammunition to her argument in the other cases, but said she is hoping to resolve the matter through mediation. She said she is negotiating with the New Jersey Administrative Office of the Courts for a consent judgment to ensure that the hearing-impaired are given the same consideration whatever court they appear in. The problem is not the law -- which, an AOC spokesman acknowledges, requires that "in any case in which a hearing-impaired person is involved, the court shall appoint a qualified interpreter." "The problem is the policy is not being implemented," Smit said. Expressing exasperation, she said: "It's the court system. That's where people are supposed to go for redress." Smit, the child of deaf parents, is working in conjunction with representatives of the National Association of the Deaf Law Center. Among examples cited by Smit of unfair treatment: George Boyd of Trenton was called to appear at municipal court in Freehold on a minor motor vehicle violation. He alerted the court that he was hearing-impaired and would need a sign language interpreter. After several appearances in which no interpreter was supplied, Boyd became frustrated by his inability to explain himself or understand the proceedings and decided to plead guilty. Nelsie Galan of Passaic attempted to pursue a harassment complaint in municipal court in Paterson. Four times she requested an interpreter. Finally, she was asked to let a stranger act as interpreter; the stranger turned out to be the sister of the person she had brought the complaint against. Frustrated and humiliated, Galan gave up and simply dropped her case. Neil Mullin, a Montclair attorney specializing in discrimination law, said that both the federal government and New Jersey require employers and public facilities to provide reasonable accommodations for people with disabilities, barring some extraordinary financial hardship. In court papers in the Newark case, Esther Anderson, the deputy director of the municipal court, said Newark routinely provides interpreters for other proceedings but that weddings were a secondary service excluded from such requirements. Wolin, however, said such a policy clearly violated the Sotos' rights. Wolin held that "providing interpreters for the municipal court weddings is a reasonable accommodation" that would impose little burden on the system. Clay Nettles, executive director of the National Registry of Interpreters for the Deaf, based in Silver Spring, Md., said public institutions often fail to live up to their obligation to provide such services. "It does occur frequently, and astonishingly," considering that the law is clear that "all Americans are entitled to full access of services," Nettles said. Smit said one of the biggest obstacles is the frequent and false assumption by hearing people that they're making their points clearly to the hearing-impaired. "A deaf person has a tendency to try to cope and get by," she said, noting that they often nod and indicate they understand when they don't. Smit stressed that although she has taken on something of a crusade in bringing lawsuits against hospitals and now courts, she is doing so with some reluctance. " I don't want to sue everybody," she said. "I just want a change." She paused, then added: "But sometimes it seems that litigation is the only way to make people wake up and do something." © 2000 The Star-Ledger ---- TEXAS CODA RUNS FOR CONGRESS I want to share with you about a man who is a candidate for the U.S. Congress. His name is Jerry Mikus, Jr. who resides in Austin, Texas and is a son of the deaf parents (Mr. and Mrs. Jerry Mikus, Sr.) who live in Grand Prairie, a part outlaying of Dallas. His professional in the field is a financial consultant. The reason why he pursues into political and runs on the Republican Party is because he wants to challenge the incumbent Democrat in his geographical area. "For all these years, Dem. Doggett has been talking and his promise to do better for the deaf people's daily lives but never show his action, all he wanted is just getting votes so that he can remain in Washington, D.C.", Mikus said. The prospect candidate is what he believes that "the U.S. Constitution was written to limit the power of government and to protect our freedom and liberty. He also wants to carry on that tradition and improve the quality of life for all Americans in the free enterprise system." He is very much strong in support of the Americans with Disabilities Act. He also said that he supports the deaf cause and he understands them very clearly. I have surveyed the deaf people in Austin during the day of Deaf bowling tournament two weekends ago that they will endorse Mikus as their congressman. Here is what they need a change. Mr. Mikus ( jerry@jerrymikus.cm) appeals to the deaf community for their support and their contritbution for his election campaign. Web site: www.jerrymikus.com written by Herbert Picou ---- COURT DISMISSES ADA THREATENING CASE Court Dismisses Disabilities Case WASHINGTON (AP) - The Supreme Court on Wednesday narrowed its planned review of whether state employees are protected by a federal anti-discrimination law, the Americans with Disabilities Act. The justices dismissed a Florida case on which it had planned to hear arguments in April. Assistant Florida Attorney General Louis F. Hubener said the case, involving a lawsuit by a prison guard who sued the state after failing to get a promotion, had been settled. Still on the court's April 26 argument calendar is an Arkansas dispute that also asks whether Congress exceeded its power by giving all state employees the right to sue in federal court over the ADA. In the Arkansas case, a police officer sued the state police training commission after it refused to certify him to perform law enforcement duties because of his poor vision. The ADA is best known for requiring equal access to public buildings. Depending on how broadly the justices decide to rule on the law and states' 11th Amendment immunity from being sued in federal courts, the court's ruling in the Arkansas case could determine whether anyone can invoke the ADA and sue a state for alleged discrimination based on a disability. In January, the court barred state employees from going into federal court to sue over age discrimination. The ruling further trimmed back the federal government's power over the states. The Florida case dismissed by the court Wednesday was filed by prison guard Wellington Dickson, who said his failure to win a promotion was the result of discrimination because of his age and heart condition. The case was Florida vs. Dickson, 99-829 ---- DISABILITY RIGHTS NEWS SERVICE REQUESTS PERSONAL STORIES SPANGLE, WASHINGTON -- Inclusion Daily Express, a daily news and information service that covers issues relating to the rights of people with developmental and other disabilities, announced today that it is seeking personal stories by such people and those that support them in their efforts toward community integration and participation. The service, which began delivering news and information via email at the beginning of December 1999, deals specifically with people with mental retardation, autism, cerebral palsy, Down Syndrome, and other developmental disabilities, in the growing movement toward full community inclusion, self-determination, and equal rights. The service includes daily news summaries of current events, along with alerts, bulletins and press releases about advocacy actions, and directs subscribers to other items found on the Internet. It also focuses on improvements in inclusive education, abuse and neglect, employment, direct care staff issues, important legislative activities and Supreme Court rulings. Now the service is expanding to include original features of people who have challenged the perceptions of others to become as included in their communities as they want to be. "Other minority groups and even other disability groups have their own resources that keep them informed of activities and events, thereby connecting them in their common knowledge and values. They also feature personal success stories to help inspire and motivate, " says Inclusion Daily Express Editor Dave Reynolds. "Until now, no independent daily news source has dealt consistently and respectfully with the rights of people who have developmental and related disabilities. Inclusion Daily Express is an effort to fill that void." The intended audience of Inclusion Daily Express includes a wide variety of people, says Reynolds, who runs the service from his office in the eastern part of Washington State. "While some subscribers are administrators of non-profit organizations, or staff of federal, state, and local agencies, most are people with disabilities, or their family members, direct care staff, and others who advocate for the rights of people with disabilities every day." Many people with these disabilities would have been thought of as being incapable of doing much in the past, primarily because they were kept away from society in institutions or special education classes or schools. Laws such as the Americans with Disabilities Act and the Individuals with Disabilities Education Act, along with improved technology, are helping people to be more involved and informed, and to change society's expectations and perceptions of them. "You cannot assume anything, anymore," relates Reynolds. "I recently discovered that a man I have been corresponding with for over a year has autism and does not talk. He and others like him are communicating with computers just fine. People who don't type are using voice recognition software to write and send email messages. The other day a man was telling me about being driven around a major Midwest city by a man who had Down Syndrome. Just when you think you know what people are able and not able to do, they prove everyone wrong!" Those who have personal stories to submit are encouraged to contact the editor at Editor@inclusiondaily.com or toll free at (888) 551-8280. The service also encourages advocacy groups and organizations to send alerts, bulletins and press releases to the same email address. Reynolds draws from a varied background to produce Inclusion Daily Express. He was a copywriter for a local TV station for five years, and contributed to a local history book. Reynolds went on to serve people with disabilities for sixteen years in special education, residential, employment services, and community integration programs in three states. He has facilitated an electronic mail list called Advocates for Full Community Inclusion, which has members all across North America and other countries, since October of 1998. Last month, the Inclusion Daily Express website was given an "Outstanding Website Award" by the Disability Network, and earlier this month was added to the "Disability Studies Web Ring", a group of Internet sites that look at the experience and culture of people who have disabilities. FOR MORE INFORMATION on Inclusion Daily Express, please visit the website at http://www.inclusiondaily.com , or direct inquiries to News@inclusiondaily.com . Inonit Publishing PO Box 68 Spangle, WA 99031 Toll Free: (888) 551-8280 Fax: (240) 282-4892 ---- DOES MOTOR VOTER WORK FOR YOU? Does Motor-Voter Work For You? Please respond! Our voice must be heard and our vote must be felt in every electoral district. For that to happen each of us must do our part to make sure the "Motor-Voter" Law (NVRA) works for potential voters with diabilities! Please distribute the survey below as widely as possible. Please reprint it in your newsletter or listserve, pass it out in hard copies at meetings . . . you get the idea: Jim Dickson, nod@essential.org, writes on: National Voter Registration Act Implementation If Americans with disabilities vote at the same rate as people without disabilities there would be at least five million additional votes cast November 7, 2000. A major reason for the failure of most Americans with disabilities to vote is they are not registered to vote. With Rights Comes Responsibilities. * In 1993 the National Voter Registration Act (Motor Voter) was signed into law. * Section 7a of the NVRA requires all public and private agencies serving people with disabilities to offer voter registration to their clients at in-take, re-certification, and change of address. If an agency's services are not provided in agency offices the person who provides itinerant services must also offer voter registration services. * If the individual declines to register to vote the agency must obtain the individual's signature on a declination form and keep that form on file for 22 months. * Some agencies, but by no means all, that are covered under this law include: Vocational/Rehabilitation; Special Education; Commissions for the Deaf and the Blind; Para-transit Providers; Independent Living Centers; Disability Specific Service Providers such as ARCs, MS Society, Epilepsy Foundation, Muscular Dystrophy Associations, etc. * Most disability agencies are in violation of the NVRA. A 1998 National Organization on Disability/Harris poll reports that only 25% of people with disabilities have been asked by a service provider to register to vote. Contact the service providers in your area and ask the questions on the following questionnaire. National Voter Registration Act Implementation Questionnaire Form Agency Name: _________________________________________________________ Agency Address: ________________________________________________________ ________________________________________________________ Agency Phone: ______________________ Contact Person: _____________________ Date: ____________ Questions: 1) Does your agency offer the opportunity to register to vote to your clients as part of intake? ________ YES __________ NO 2) Does your agency offer the opportunity to register to vote to your clients as they receive services from your agency? _______ YES __________ NO 3) Does your agency keep records of those clients who decline to register to vote? ________ YES __________ NO 4) Who in your agency is in charge of ensuring that your agency complies with the National Voter Registration Act?________________________________________ Name of surveyor: _____________________ Address: _____________________ _____________________ Phone Number: _____________________ Please return this information to Adina Topfer, National Organization on Disability, 910 16th Street, NW, Washington, DC 20006 or by email to cpp@nod.org Thanks in advance for getting the survey to as many people as possible, whether you reprint it in your newsletter or listserve, or pass it out at meetings! Fred Fay Chair, Justice For All jfa@jfanow.org http://www.jfanow.org Register to Vote Online at http://www.fec.gov/votregis/vr.htm ---- TITLE II BRIEFS DEADLINE APPROACHING STATUS: "To the best of our knowledge, no state has officially decided to sign on to a brief -- pro or con. A number of states are having internal conversations regarding signing on to a brief supporting the ADA." Sharon Masling, sharon@napas.org Director of Legal Services NAPAS ACTION NEEDED: Keep those calls, emails, faxes and letters going to your Governor's and Attorney General's. Currently, the parties claiming that Congress lacked the proper authority must submit their briefs to the U.S. Supreme Court by March 3, 2000. Your state may be asked to sign a brief with sister states arguing that Congress lacked the proper authority. It is very, very important that we let Governor's and Attorney General's know that WE WANT THEM TO SUPPORT THE ADA. If anything, we want THEM to show leadership and support for citizens with disabilities by signing on to a brief stating that the ADA is constitutional. Thanks, Mark Johnson Mark_Johnson@SHEPHERD.ORG ---- 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 ---- GOVERNOR'S OFFICE SEEKS DISABILITY APPLICANTS FOR POSITION Mr. Tal Finney, Office of Governor Davis, has requested that any person with disability is requested to apply for a position with the Workforce Investment Board and/or the Building Safety Commission. Mr. Finney can be reached through the office of the Governor at 916.445.2841. Ask for Genny in Mr. Finney's office for information on applying. These positions are vital to the disability comunity and I hope that many of you will have the opportunity to apply. Mr. Finney indicated that applications should be submitted ASAP. Thank you, Ruthee Goldkorn ---- DEAF/HOH HOUSEKEEPER WANTED Wanted: Los Angeles, CA, Deaf/hoh cleaning person to come to my home twice a month for light house cleaning duties. Salary negotiable. Applicant must have reliable transportation and references. I am just learning ASL so applicant must also be able to read and write. Interested applicants should contact me via e-mail at angela7171@earthlink.net. ---- WASHINGTON DC LEGISLATIVE POSITIONS AVAILABLE The Democratic Legislative Campaign Committee is currently taking resume's for persons interested in campaign research and legislative fundraising. The positions will be based in Washington, DC, but will require much field work to be spent in selected states. The DLCC is looking to hire these positions immediately, so mail or fax your resume' to: Democratic Legislative Campaign Committee 499 South Capitol Street SW Suite 103 Washington, DC 20003 Phone: (202) 488-5041 Fax: (202) 488-5014 ---------------------- WE GET LETTERS It has been brought to my attention by several people that you are circulating information that accuses Governor Bush of denying interpreter services for inmates at Huntsville Prison here in Texas. I want to clear the record. Huntsville Prison has a full time interpreter on staff. Also, my agency, Texas Commission for the Deaf and Hard of Hearing, has a large contract with the Texas Department of Criminal Justice to provide interpreter services throughout the prison system, which includes Huntsville prison. David W. Myers Executive Director Texas Commission for the Deaf and Hard of Hearing ------------ This is not true. The state of Texas has a full time paid interpreter for the prison system, including Huntsville. I know her personally. She is a professional certified interpreter and is not a volunteer. Also, we at GCD have gone to more than one of the prisons to interpret and we go often. We are paid for our time, including travel. Whoever this volunteer is needs to stop spreading rumors like this just because she is not allowed to interpret in the prisons. She needs to get training on professional interpreting and become certified. Governor Bush is just trying to follow the law. The law states that the interpreter in legal situations will be certified. Because this is the prison system, the prisoners are part of the legal system and therefore require a certified interpreter. It is "volunteers" that don't know what they are doing that cause trouble for the deaf community. Untrained "volunteers" try to interpret in hospitals, courts, jails, legal offices, doctor offices and businesses. They are unskilled, untrained, and often know very little ASL. These volunteers are the reason the doctors, lawyers, hospital, courts, police, and businesses don't want to pay for interpreters. After all, why should they pay for a professional interpreter when they can get someone free. And it doesn't matter if the volunteer is not good just as long as they have someone. I hope you will pass this information on to the person who sent you this e-mail about Bush and the ADA. We need people to know the truth. Thank you, Joan Lathrop Goodrich Center for the Deaf ============================================================== 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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