DEAF WORKERS OF ORANGE COUNTY PROJECT -- DEAF WORKERS WEEKLY BULLETIN -- June 19, 1999 Greetings, This week a very slow week. Perhaps I should call this a breather or was it a "breather" at all? I didn't do nothing also I didn't do everything too! Yeah the deaf people got mad At Dr. Bruton for liking teaching ASL to child abuse. Deaf and ASL culture are on the attack these days and it is lovely to see about 200 people rallying and many more in the internet fighting on this front. This is the time we, our strengths as a community, our culture, our language, and our power are all put to the big test by the hearing world. Next week is going to be a busy on the political platform. I could become United Democratic Club's Computer and Technology committee chairperson. Also a week from today, a number of my resolutions including the controversial ones will be voted on for adoption at the state level. It is very unfortunate that Kelly Dillery has to go through a catalog of humiliation and harassment since she has filed an ADA complaint against the city of Sandusky. Finally we have a disability "Rosa Parks" who is fighting a fierce battle for our own rights. Sandusky, Ohio is now one of our main battlefields in our fight for equality. I am pleased and excited to announce to you that Senate Bill 331 known as Work Incentives Improvement Act passed with flying colors 99 - 0 with Senator Harkin as the lone senator who was unable to vote as he was out of the country. This bill is basically a health package for people with disabilities who are on either SSI or SSDI to explore employment opportunities without losing the health benefits. Harrowing stories are told from people with disabilities who return to work and lose their benefits and become ill again to continue to work and getting back on SSI and or SSDI is often 3 times as difficult. This bill will remove the health related barriers to re-employment. Richard Roehm ---- MARGARET TOTH AND STEPHEN TOTH SETTLE FOURTH NEW JERSEY CASE AGAINST NEW JERSEY HOSPITAL FOR FAILURE TO PROVIDE INTERPRETERS In the fourth case of it's kind in New Jersey, a New Jersey hospital has entered into a public consent order agreeing to utilize certain protocol to ensure that reasonable accommodation will be provided to future deaf patients under the Americans with Disabilities Act and the Rehabilitation Act of 1973. This consent judgment is being used as a model in several similar cases throughout the country. This consent judgment has already been implemented at Bayonne Hospital, Jersey City Medical Center, Raritan Bay Medical Center and will become utilized also at Saint Peter's Medical Center in the near future. In January of 1994, Margaret Toth slipped and fell on ice fracturing her arm and wrist. Despite repeated requests for an interpreter none was provided. Due to Margaret Toth's inability to communicate, a staff member began to handle her fractured arm causing intolerable pain as she tried to tell the staff member "it hurt". Eventually, Stephen Toth, Jr., her son came to the hospital and attempted to facilitate communication despite his personal involvement and thus inability to be a qualified interpreter. Again in August of 1996, Margaret Toth and Stephen Toth, her husband were in a car accident and waited for many hours without being able to find out about the other's condition and without being provided an interpreter despite repeated requests for one. After waiting several hours for an interpreter to arrive, Margaret Toth gave the hospital staff her son's beeper number so he could be called. Upon her son's arrival at the hospital, an interpreter was again requested and also her son inquired of the Division of the Deaf to see if the hospital had called to request an interpreter. Once again, Margaret Toth and Stephen Toth's son had to facilitate communication between the hospital staff and his parents despite personal involvement. Despite repeated requests for accommodations for their disability they were never provided any method of effective communication. The son of Margaret Toth and Stephen Toth was then prevented from being able to be at the hospital as their child for his own emotional well being and that of his father and mother. On both occasions, Margaret and Stephen Toth were not provided with a qualified interpreter, despite federal and state law which requires that all hospitals provide reasonable accommodation, including qualified interpreters, to ensure that effective communication take place with all patients. After experiencing the terror, frustration and emotional anguish of receiving medical treatment without understanding much of what went on during their medical treatment Margaret Toth and Stephen Toth decided to sue the hospital so this would not happen to other deaf patients. She was represented in the case by Clara R. Smit, an attorney in East Brunswick who specializes in serving the deaf. After two and a half years of litigation the parties agreed to enter into a consent judgment wherein reasonable accommodations will now be obtained to ensure effective communication. The consent order will be filed with the Middlesex County Court. The consent order provides for signage to be posted throughout the hospital to alert both patients and staff alike to the hospital's responsibility to provide interpreters, closed captioning and TDD's to deaf patients who require same for effective communication. In addition the consent order mandates that the hospital follow several steps to ensure all possible efforts are made to obtain an interpreter whenever required throughout the day or night. Training and policy changes to implement the consent order which will become part of the hospital's administrative policy are also required as part of the order. The order will be entered as a judgment against the hospital; therefore failure to comply with the order by the hospital in the future will subject the hospital to court contempt charges. Margaret Toth, Stephen Toth, Stephen Toth, Jr. and Ms. Smit are extremely pleased and excited with the settlement and are hoping that they continue to see major changes in New Jersey Hospitals and those across the country, in their policies and practices, as more and more of these cases are brought. Although the ADA and the Rehabilitation Act, specifically require that a hospital provide reasonable accommodation, such as interpreters to the deaf, it is only recently that deaf people have begun to feel empowered to start bringing these lawsuits. Communication difficulties in the past created extremely limited access to the legal community and the courts in general for deaf individuals. Thus, Clara R. Smit, who is fluent in American Sign Language and whose parents are deaf, is the first attorney in New Jersey to bring these suits. Ms. Smit has already settled three other cases, Bayonne Hospital, Jersey City Medical Center and Raritan Bay Medical Center. She has also brought nineteen other cases against New Jersey hospitals, including Jersey Shore Medical Center, St. Joseph's Hospital, St. Barnabas, St. Michael's Medical Center, Passaic Beth Israel Hospital, Northwest Covenant-Dover General Campus/Northwest Covenant-St. Clare's Riverside Campus, Monmouth Medical Center, Mountainside Hospital, Clara Maass Medical Center, Kennedy Health System, Irvington General Hospital, Newark Beth Israel Medical Center, St. James Hospital, Passaic Beth Israel Hospital, Warren Hospital, another case against St. Peter's and Jersey City Medical Center and two cases against Rahway Hospital for failure to provide interpreters to deaf patients which are now pending. She also has a case that is going to the Appellate Division that recently went to court, Hall-Potoczak v. St. Joseph's Hospital. Further, she has filed cases against doctors that either fail or refuse to provide interpreters to deaf patients and currently has three such cases pending. USA-L News ---- CALIFORNIA SCHOOL FOR THE DEAF WINS ACADEMIC BOWL CHAMPIONSHIPS California School for Deaf wins latest title Academic bowl champs for second time By Kathy Schrenk STAFF WRITER FREMONT -- All but one member of the California School for the Deaf's academic bowl team have been at the school since before they turned 5. So when the academic bowl team from the California School for the Deaf won the national championship for the second year in a row, they knew their education was largely the reason. "What we did in academic bowl really reflects what we've learned growing up," said Melissa Malzkuhn. "I was a big reader growing up," said Jane Jonas, who has been enrolled in the school since sixth grade. "Literature has really been my strong point." Adam Jarashow said he and his teammates -- Jonas, Brendan Stern and sisters Megan and Melissa Malzkuhn -- were thrilled about winning their second consecutive national championship. "Our goal is to continue our reign," he said. The students think their young team will help them do that. All but one, senior Melissa Malzkuhn, are sophomores. It will be tougher in coming years, though, said coach Jack Lamberton. "We're going to be a bigger target," he said. "I'm sure all the deaf schools hate us now," said Jarashow, "because we've won two years." To stay on top, Lamberton said he would like to see students get class credit for being on the team. He also would like for them to start scrimmaging against local high school teams. To get to the championship match in April in Washington D.C., the five-member team first had to beat out six other schools for the deaf from the Western region at a competition in Oregon. They won every match there, said Jarashow, and a couple weeks later went on to the nationals. There are 53 teams total competing to get to the nationals. He said the competition was on a Monday, and they got to Washington on Friday, two days before most of the other teams. They said the extra time for sightseeing and relaxing helped them feel pre pared for the competition. The matches lasted all day, from 8 a.m. past 10 p.m. The team started with a win against the Virginia School for the Deaf, then lost to the Ohio school. "It was an awful game," said Megan Malzkuhn. They beat the team from Newton North High School in Massachusetts, then defeated the Alabama team's school. In the championship round against Newton North, they won 67-30 after having been behind 12-22. "It was neck-and-neck the whole way," said Jonas. The team was glad to see months of hard work pay off. Since December, they've been giving up all their lunch hours to practice. "We're hungry every day," said Melissa Malzkuhn, "but it's worth it because we're champions now." ---- NATIONAL COUNCIL ON DISABILITY ACTIVITY UPDATES Disability Civil Rights Update ------------------------------ “Senators John Ashcroft (R-MO) and Bill Frist (R-TN) successfully offered an amendment to the Individuals with Disabilities Education Act (IDEA) that was attached to the juvenile justice bill (S. 254) when it passed the Senate in May. If it becomes law, this amendment would allow schools to cease all educational services to a student with a disability who takes a gun or firearm to school or to a school function, thereby undoing the discipline provisions in the 1997 reauthorization of IDEA. The right to a free and appropriate education would be severely restricted. Before S. 254 was sent to the House for action, Senator Tom Harkin (D-IA) and others successfully attached an amendment that would ensure that students who are removed for violent behavior receive services to address that behavior. “NCD representatives met with Congressman William O. Lipinski (D-IL), ranking member of the House Committee on Transportation and Infrastructure Subcommittee on Aviation, to discuss NCD’s study, Enforcing the Civil Rights of Air Travelers with Disabilities. A similar meeting was held with the legislative assistant to Congressman John J. Duncan, Jr. (R-TN), chair of the Subcommittee on Aviation. Currently, S. 82 and H.R. 1000 are scheduled for floor action on June 17 and June 14, respectively. Both versions of the bill contain some of the changes to the Air Carrier Access Act recommended by NCD. Congress hopes to complete a conference on this legislation before the August recess. “On May 24, the U.S. Supreme Court issued a unanimous opinion in Cleveland v. Policy Management Systems Corp. (No. 97-1008) stating that an employee with a disability who has applied for Social Security Disability Insurance benefits is not thereby precluded from being a “qualified individual” under the Americans with Disabilities Act and therefore can sue for job discrimination. In delivering the Court’s opinion, Justice Steven Breyer wrote that “there are too many situations in which a Social Security benefits claim and an ADA claim can comfortably exist side by side.” “On May 12, more than 4,000 people rallied on Capitol Hill and the steps of the U.S. Supreme Court to show their support for disability rights and opposition to Olmstead v. L. C. threat to community living. The rally, which was organized by ADAPT and supported by more than 200 disability organizations, featured speakers such as former attorney general Richard Thornburgh and Senator Tom Harkin. The Olmstead decision and several others are expected in June. Legislative Update ------------------ “The Regulatory Improvement Act of 1999 (S. 746), which requires a cost-benefit analysis for all new federal regulations costing more than $500 million, was passed on May 20 by the Senate Committee on Governmental Affairs. If S.746 had been in effect when the regulations to implement ADA were developed, the Department of Justice and other agencies would have had to conduct a prescriptive cost-benefit analysis. They would have had to identify a single regulatory option as the most cost-effective (for employers and businesses), that is, as showing the greatest “benefits.” Currently, S. 746 contains no exemption for civil rights laws as did the Unfunded Mandates Relief Act of 1995. “According to published reports, the U.S. Senate reached agreement on major elements of the Work Incentives Improvement Act of 1999, but a final vote was postponed until the Senate returns from its Memorial Day recess. The bill would allow people with disabilities to return to work without losing their Medicare or Medicaid health insurance benefits. The House version of this bill awaits action from the Committee on Ways and Means, where members must decide how to pay for the bill’s provisions. Over-the-Road Bus Update ------------------------ On April 1, the Department of Transportation (DOT) published a notice of request for comments on its final rule on accessibility of over- the-road buses that requires bus companies to document lack of service to people with disabilities. The comment period ended on June 1. The final rule has four different record-keeping and reporting requirements. The first deals with 48-hour advance notice and compensation. The second has to do with equivalent service and compensation. The third deals with reporting information on ridership on accessible fixed-route buses. The fourth has to do with reporting information on the purchase and lease of accessible and inaccessible new and used buses. The purpose of the information collection requirements is to provide data that DOT can use in its regulatory review and to assist DOT in its oversight of compliance by bus companies. NCD’s comments can be found on its award-winning Web site (http://www.ncd.gov/correspondence/correspond.html). Youth Leadership Conference Update ---------------------------------- An important goal of the upcoming National Leadership Conference for Youth with Disabilities is to encourage interaction between future young leaders and adults with disabilities who are willing to serve as mentors. We need many more mentors who are willing to share their experience and support these young participants either during or after the conference or both. The conference will take place June 22–26 at the Hilton Alexandria Mark Center. If you are a person with a disability and are interested in mentoring a future leader, please contact Joann Baltimore, CESSI, Inc., at joannb@cessi.net or 703- 448-6155 to request a mentor information and interest survey packet. After you complete the forms and return them to Joann, you will be contacted to discuss mentoring opportunities. Thanks for taking this chance to make a difference. ---- FCC CONVENES A PUBLIC FORUM ON 711 ACCESS TO TELECOMMUNICATIONS RELAY SERVICES CC Docket No. 92-105 The FCC invites individuals with hearing or speech disabilities, state administrators, members of the telecommunications industry, and other members of the public to a forum to discuss implementing 711 access to telecommunications relay services ("TRS"). The goal of this forum will be to identify the steps that must be taken to implement 711 access to TRS, as well as any obstacles to implementation and how those obstacles can be resolved. As described below, the forum will be held on Wednesday, September 8, 1999. In 1997, the Commission issued a First Report and Order, which directed Bellcore to assign 711 on a nationwide basis for access to TRS, and a Further Notice of Proposed Rulemaking ("Further Notice"), which asked for comment on implementing 711 access to TRS. In the Further Notice, the Commission requested comment on the type of network needed to implement 711 access to TRS; the steps to implement this network; the costs involved and how they should be recovered; and what effect, if any, nationwide implementation of an N11 code for TRS access will have on CMRS providers and their networks. In addition, the Commission requested comment about the possibility of providing both voice and text TRS services through the same abbreviated N11 code, the proprietary nature of N11 codes, and on transferring the administration of N11 codes at the local level from the incumbent LECs to the North American Numbering Plan ("NANP) administrator. The Commission received 22 comments and 7 reply comments addressing these questions. Several commenters stated that additional information was needed before implementation of 711 access to TRS could be accomplished. To supplement and refresh the record, we will host a forum on September 8, 1999 at 1:00 - 4:00 in the Commission Meeting Room, Room TW-C305, at 445 12th St. S.W., Washington, D.C. 20554. At the forum, we will seek to identify the telephone needs of the TRS user community and discuss the issues presented to state administrators and carriers in implementing 711 access to TRS. The forum will focus on implementing a switched-based N11 system to access TRS and discuss the following: (1) the projected costs of implementing a switched-based 711 system to access TRS and how those costs should be recovered; (2) procedures to ensure that TRS centers provide to TRS users a choice of carriers that will carry their TRS traffic from the TRS center to the called party; (3) methods to educate the public about 711 access to TRS, including airing public service announcements; (4) implementation of 711 access to TRS on Commercial Mobile Radio Services ("CMRS") networks; and (5) the length of time in which states will be able to implement a switched-based 711 system to access TRS. In addition, we will address whether to transfer the administration of N11 codes at the local level from the incumbent LECs to the NANP administrator. Finally, at the forum, we will discuss the format that Maryland, in conjunction with Bell Atlantic, has chosen to provide 711 access to TRS. The forum will enable a full exchange of ideas on 711 access to TRS. We will select individuals with varying view points to make presentations. Those parties making oral presentations at the forum must submit written ex parte comments containing or summarizing their presentations prior to the meeting, in compliance with Section 1.1206 of the Commission's rules, 47 C.F.R. § 1.1206 (permit-but-disclose). While time may not allow all who wish to make oral presentations to do so, we encourage all to submit written ex parte comments on implementing 711 access to TRS by August 25, 1999, to Magalie Roman Salas, Secretary, 445 12th Street, S.W., TW-A325, Washington D.C. 20554. Ex parte comments should reference CC Docket No. 92-105. In addition, please send your submissions to Anna M. Gomez, Chief, Network Services Division, Common Carrier Bureau, 445 12th Street, S.W., #6-A320, Washington, DC 20554 and to Helene Schrier Nankin and David Ward at the same address. Both written and oral ex parte presentations will help us focus the agenda for the public forum and aid us in our decision-making process. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. Comments filed through the ECFS can be sent as an electronic file via the Internet to . If using this method, please reference CC Docket No. 92-105 in the Proceeding Block. Generally, only one copy of an electronic submission must be filed. In completing the transmittal screen, commenters should include their full name, Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions for e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, including "get form " in the body of the message. A sample form and directions will be sent in reply. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. For more information, to provide comments, or if parties would like to make an oral presentation at the forum, please contact Helene Schrier Nankin at (202) 418-1466 (voice) or hnankin@fcc.gov (e-mail); or David Ward at (202) 418-2336 (voice) or doward@fcc.gov (e-mail); or Ms. Nankin or Mr. Ward at (202) 418-0484 (TTY). Copies of materials distributed at this meeting can be purchased from the FCC's duplicating contractor, International Transcription Services, Inc. (ITS, Inc.) at (202) 857-3800 or fax (202) 857-3805 and 857-3184; or TTY (202) 293-8810. These copies are available in paper format and alternative media, including large print/type; digital disk; and audio tape. ITS may be reached by e-mail: its_inc@ix.netcom.com. Their Internet address is http://www.itsi.com. This meeting can be viewed over George Mason University's Capitol Connection. The Capitol Connection also will carry the meeting live via the Internet. For information on these services call (703) 993-3100. The audio portion of the meeting will be broadcast live on the Internet via the FCC's Internet audio broadcast page at . The meeting can also be heard via telephone, for a fee, from National Narrowcast Network, telephone (202) 966-2211 or fax (202) 966-1770. Audio and video tapes of this meeting can be purchased from Infocus, 341 Victory Drive, Herndon, VA 20170, telephone (703) 834-0100; fax number (703) 834-0111. Videotapes and the meeting will be close captioned. ---- 1999 NATIONAL LEADERSHIP CONFERENCE FOR YOUTH WITH DISABILITIES TO BE HELD IN ALEXANDRIA, VIRGINIA The 1999 National Leadership Conference for Youth with Disabilities will be held June 22-26, 1999, starting daily at 9:00 a.m., at the Hilton Alexandria Mark Center, 5000 Seminary Road, Alexandria, Virginia. The conference, which is by invitation only, will bring together young adult leaders from around the country who have diverse racial, ethnic, and disability backgrounds, to foster their development as leaders and encourage their participation in all aspects of American society. The conference promotes hands-on leadership development by involving young people in designing, planning, and implementing a conference that draws upon their interests, values, skills, and abilities. It also promotes young adult leadership development through peer and adult mentoring programs, opportunities to meet national leaders in the areas of disability history, culture, law, and policy, education and training for independent living, long-term employment, and health consciousness. This year's conference is coordinated by the National Council on Disability (NCD) and sponsored with five other federal agencies and private sector organizations. Sponsors include: U.S. Department of Education, Office of Special Education and Rehabilitative Services; Social Security Administration, Office of Disability and Income Security Programs; U.S. Department of Health and Human Services, Administration on Developmental Disabilities, the Maternal and Child Health Bureau, the Center for Disease Control and Prevention, and the Substance Abuse and Mental Health Services Administration; the Presidential Task Force on Employment of Adults with Disabilities; and the President's Committee on Employment of People with Disabilities. The Mitsubishi Electric America Foundation is the primary private sponsor. For more information on the conference, visit NCD's award-winning Web site (http://www.ncd.gov/youth/conf99.html) or call Mark S. Quigley at 202-272-2004. ---- EXECUTIVE DIRECTOR, PERSONAL ASSISTANCE SERVICES COUNCIL (PASC) Los Angeles, CA Salary $69,000 - $95,000. PASC was created by ordinance in 1997 as a public authority to provide for the delivery of In Home Supportive Services (IHSS). PASC received a grant of $2 million from the State for start-up and operations. The Executive Director reports to a 15-member Board, over half of which are current or past recipients of IHSS. Must have at least 3 years experience administering specialized human services programs, and be able to negotiate with labor unions. Desire a relevant BA/BS degree. Advanced degree and Spanish speaking a plus. Send resumes by 6/18/99 to DMG-MAXIMUS Attn: Norman Roberts, Vice President or Nicole Seagle, Manager, 1800 Century Park East, #430, Los Angeles, CA 90067-1507, FAX to (310) 552-1113, or e-mail to searchla@dmg.maxinc.com. EEO/ADA. Qualified disabled, female and minority candidates are strongly encouraged to apply. ---------------------- Letters from readers: I hope any Deaf or Hard of hearing or hearing anywhere in U.S. have any antique chairs or rockers that needed to be caning with bamboo cane. I have a good friend of mine who is Hard of Hearing and Blind is being doing chair caning for long time. He learned it in school. He does a beautiful job caning chairs. He has good reputation with his job. His name is Billy Bratcher Chair Caning, 2755 Bratcher RD., Conway, SC 843-365-5395 voice. You can contact him thru SC Relay. He lives on fixed income and need your business. Please pass this information among others. Thank you, George A. Adams III adamsiii@sccoast.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. 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! 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