DEAF WORKERS OF ORANGE COUNTY PROJECT -- DEAF WORKERS WEEKLY BULLETIN -- June 26, 1999 Greetings, Today ends a very busy week full of surprises and shocking news. Today I submit a resolution to help 'new' disability nonprofits find cheaper property to rent for their operations. I will be in Yorba Linda today at the California Democratic Council's regional meeting. Also, I am submitting a another resolution today to address concerns that the Supreme Court narrowed the coverage of the ADA by excluding persons simply because they are able to mitigate their disability(ies) through medication or the use of a medical devices. Supreme Court has just added another disincentive for SSI and SSDI payees to go back to work. Thanks to the Supreme Court, travel to the promised land of fairness, equality, and justice has just become slower. Hope to see you all next Tuesday. Richard Roehm ---- DEAF WORKERS TO JOIN NARAL IN PROTEST AGAINST ANTI-ADA CANDIDATE GEORGE W. BUSH Please join us next Tuesday and tell the son of the man that signed ADA into law that we need our rights to be respected, protected, and cherished! Irvine, Tuesday, June 29, 1999, 10 am - 2 pm, Hyatt Regency Irvine, 17000 Jamboree Road, Irvine. Parking - You can park in the structure for about $3.00. Car pooling is suggested. Street parking is limited. There will be two NARAL coordinators Susan Freeze and Linda Schwartz in this area direct people where to go and hand out signs. If you live in Southern Calfornia and, before you decide not to go, check out this page: http://community.libertynet.org/~libres/advocacy/olmstead_9.html ---- ROEHM SUBMITS RESOLUTION TO ADDRESS CONCERNS FROM RECENT SUPREME COURT RULINGS Here is the resolution Roehm plans to submit today at the regional meeting of California Democratic Council. DEMOCRATS OF NORTH ORANGE COUNTY, CALIFORNIA A PROPOSED RESOLUTION for consideration by the CALIFORNIA DEMOCRATIC COUNCIL regarding AMENDMENT TO AMERICANS WITH DISABILITIES ACT TO COVER PERSONS WITH DISABILITIES WHO POSSES OR USE AUXILIARY AIDS TO PERFORM ESSENTIAL JOB DUTIES. WHEREAS persons with disabilities continue to face catalogs of barriers to many aspects of human activity and the unemployment rate for persons with disabilities remain very high according to recent reports; and WHEREAS recent Supreme Court rulings indicate persons with disabilities that posses or use auxiliary aids to assist with essential job duties are not covered by the Americans with Disabilities Act; and WHEREAS the Americans with Disabilities Act does not contain language to cover persons with disabilities that posses and or use palliative or therapeutic devices or auxiliary aids to maintain employment; and THEREFORE, BE IT RESOLVED THAT THE CALIFORNIA DEMOCRATIC COUNCIL reaffirms it's support of persons with disabilities who posses or use auxiliary aids to maintain their employment. THEREFORE, BE IT FURTHER RESOLVED THAT THE CALIFORNIA DEMOCRATIC COUNCIL lobby the state and national legislature for legislation to amend the Americans with Disabilities Act to include protections for persons with disabilities who posses or use palliative or therapeutic devices or auxiliary aids to maintain employment. ---- HISTORIC LEGISLATION PASSED TO HELP PEOPLE WITH DISABILITIES ON SSI/SSDI RETURN TO WORK WASHINGTON (Reuters) - The Senate last Wednesday unanimously passed legislation that would extend federal health insurance to many disabled people who get jobs, lowering the main barrier to returning the disabled to the work force. ``This is the final great step in making sure the disabled community of our country has reached the final great goal of being reentered into full lives,'' Sen. James Jeffords, a Vermont Republican who co-sponsored the bipartisan bill, said. The bill would allow workers with disabilities who earn less than two and a half times the poverty level, or an annual income of about $20,000 for an individual, to keep Medicaid health insurance coverage. Those who earn more than that would have the change to buy into the comprehensive coverage. It also would let states, which administer the federal program, to offer coverage to people who have a severe medical impairment but lose eligibility for Social Security benefits because of an improvement in their health, and would ensure that Social Security beneficiaries would regain cash benefits if they stop working. Polls show that most disabled people want jobs but fewer than one-half of 1 percent of Americans receiving disability benefits ever return to work because they fear losing federal health benefits that cover services such as personal assistance, according to advocates for the disabled. Most employers' health plans do not offer the full coverage to meet needs of people with disabilities. ``It's ridiculous that we punish disabled persons who dare to take a job by penalizing them financially, by taking away their health insurance lifeline, and by placing these unfair obstacles in their path,'' Sen. Edward Kennedy, a Massachusetts Democrat who co-sponsored the bill, said. Despite overwhelming support for the measure, it stalled for months in a dispute over paying the estimated $800 million cost over five years for expanded coverage. Backers of the bill said it would generate net savings in the longer term. The Senate finally agreed to pass it on condition it would be paid for through cuts in entitlement programs to be specified later. Kennedy said he had assurances from President Clinton, who pushed the bill in a Capitol Hill appearance on Tuesday, that it would not be a problem finding resources. In the House, the Commerce Committee approved the bill, but the Ways and Means Committee must review it before it goes to the floor. While paying for the measure is the main snag in the House, Jeffords said with the bill's broad backing, ``I cannot conceive that we would not be able to come to an amicable agreement over the funding.'' It is up to individual states whether to adopt the new provisions but advocates for the disabled were expected to lobby states hard to participate. ---- IMPORTANT NEWS ABOUT CALIFORNIA'S OWN WORK INCENTIVES LEGISLATION Following on the heels the U.S. Senate's overwhelming approval of S. 331, the Work Incentives Improvement Act, I have just learned that Gov. Davis's office is acting a bit cool to AB 155 (Migden), California's more modest attempt to address health-related work disincentives. AB 155 would allow people with disabilities who earn up to 250% of the federal poverty level to buy into Medi-Cal on a sliding scale ($10 to $200 per month, depending on income), even if their income or assets would otherwise disqualify them. They also must meet the federal disability standards (i.e., for SSDI or SSI). AB 155's income cap is the maximum allowed under *current* federal law. Eligibility would be based on "countable" income, not all income. The author's office estimates that an individual actually could earn as much as $40,000 and still be able to purchase Medi-Cal coverage under this bill. Unfortunately, the Department of Finance and some in the Governor's office apparently think that thousands of people (one estimate was 140,000) who are *not* currently on public benefits programs would qualify for coverage. *If* all of these eligible people actually elected to buy Medi-Cal coverage (a big "if," as far as I'm concerned), it could mean higher costs to the state. Based on a recent meeting, the author's staff seemed very concerned. If the Governor clearly isn't willing to sign the bill, Assembly Member Migden may not want to continue pushing for its passage. I think it's important for Migden's office to hear from individuals and groups with disabilities about the importance and value of this legislation. The Multiple Sclerosis California Action Network (MS-CAN) has just adopted a support position on AB 155, but according to analyses posted at the Legislature's web site, most of the bill's support seems to be coming just from the AIDS community. It's also a good idea to let the Governor know how you feel about this bill. Gov. Davis has a very good record on disability issues, but we may need to remind him how important this is to our community. People with disabilities should NOT have to choose between having a job and getting the health and support services they need to function and to live independently! Don't forget that S. 331 *doesn't* automatically allow people with disabilities to buy into Medicaid. It simply allows the *states* to establish a system for doing so. If S. 331 ultimately is signed into law, AB 155 could become a vehicle for implementation, perhaps with even better provisions for PWD. But in any case, AB 155 is definitely a step in the right direction. On the other hand, if AB 155 even in its present form is unacceptable to the Governor, we may face very significant problems if we try to get the state to implement the broader provisions in S. 331. In short, the fight to end work disincentives is *not* just a federal one! If you want to look at AB 155 for yourself, you can find it at http://www.sen.ca.gov/htbin/testbin/ca-billpage?AB/155/GOPHER_ROOT2:[BILL.CU RRENT.AB.FROM0100.AB0155] or by going to http://www.sen.ca.gov/~newsen/legislation/legislation.htp and searching for the bill by number. I will be away on vacation from June 22-30, but I will be tracking/working on AB 155 before and after those dates. I don't know just how tough a fight we may have with the Governor's office, and I plan to speak with the Governor's legislative staff about it as soon as possible. I hope the matter can be resolved easily, but I don't think we should take chances. Let Assembly Member Migden and Gov. Davis know that AB 155 is important to people with disabilities. I will update you when I know more. --Laura P.S. If you or your organization send a letter of support to Assembly Member Migden, please let me know. If the letter is in electronic format, please send me a copy at af752@lafn.org. Thanks. ---- NCIL AND NAPAS CONFERENCE TO HAVE LABOR SECRETARY AS SPEAKER U.S. Department of Labor Secretary Alexis Herman and Social Security Administration Commissioner Ken Apfel to Speak at NCIL IL Conference Washington - The National Council on Independent Living (NCIL), the National Association on Protection and Advocacy Services (NAPAS) and the National Council on Disability (NCD) - Youth Leadership Conference are co-sponsoring a Plenary Session with guest speakers Labor Secretary Alexis Herman and Social Security Commissioner Ken Apfel. The Plenary will be held at 9:00 a.m. on Thursday June 24, 1999 at the Renaissance Hotel, Washington, DC. This Plenary session is presented as part of NCIL's Annual Independent Living Conference - June 23 - 27, 1999. This collaboration between NCIL, NAPAS and NCD will bring together over 1,500 adults and youth with disabilities and others from the independent living movement and the protection and advocacy system. The Plenary Session kicks-off NCIL's 3rd Annual March and Rally on the West Side of the Capitol. The theme of this year's rally "Civil Rights: Our Laws, Our Responsibilities!" A number of leaders in the disability rights movement and congressional representatives have been invited to address the crowd. The NCIL membership will then bring the message to their elected representatives that people with disabilities want to work, want to live in the community, and want the same rights as all Americans. Secretary Herman, who is also Chair of the Presidential Task Force on Employment of Adults with Disabilities and Commissioner Apfel, a member of the Task Force, will discuss the work of the Presidential Task Force. Secretary Herman and Commissioner Apfel will also address issues related to the need to increase employment opportunities for people with disabilities through Social Security Work Incentive Reform and accessible employment training opportunities. NCIL is a non-profit national membership organization that advocates for the full integration and participation of persons with disabilities in society and the development, improvement, and expansion of Centers for Independent Living. For more information contact Raymond Lin, Project Director at 703/525-3406 (V), 703/525-4135 (TTY) or Natalie Shear, Conference Coordinator at 202/833-4456 (V/TTY). ---- SUPREME COURT RULES ONE FOR THE DISABLED AND THREE AGAINST Olmstead v. L.C. No. 98-536 Full text: http://supct.law.cornell.edu/supct/html/98-536.ZS.html AMERICANS WITH DISABILITIES ACT The United States Supreme Court held (Opinion by Ginsburg; dissent by Thomas) that Title IIA of the Americans with Disabilities Act (ADA), 42 USC s 12132, requires that States must not discriminate against the mentally disabled by placing them in state institutions when (1) community settings are available, (2) State treatment professionals have determined that community placement is appropriate, and (3) there is no opposition to the community placement by the affected individual. Respondents, L.C. and E.W. were placed in Georgia Regional Hospital-Atlanta due to their mental illness and retardation. L.C. was eventually placed in a residential community program. E.W., however, has remained in the state hospital because of a lack of state funds to transfer her to a residential community program. In construing the public services portion of the ADA, the Court reasoned that unnecessary institutional segregation constitutes discrimination per se, which cannot be justified by a lack of funding. - - - - - - - - - - - - - Sutton v. United Air Lines No. 97-1943 Full text: http://supct.law.cornell.edu/supct/html/97-1943.ZS.html AMERICANS WITH DISABILITIES ACT The United States Supreme Court held 7-2 (opinion by O'Connor; dissent by Stevens, Breyer) that mitigating measures must be taken into account in judging whether an individual has a disability under the Americans with Disabilities Act (ADA), 42 USC 12101 et seq. This conclusion is derived from the language of the Act which requires an impairment "substantially limits" a major life activity. Justice O'Connor emphasized that the language is in the present indicative verb form, not potentially or hypothetically limited if corrective measures were not taken. Requiring that persons be judged in their uncorrected or unmitigated state runs counter to the clear language of the statute. The Court also held that inquiry whether a person has a disability required by the ADA must be done on a case by case basis. Petitioners applied for jobs as airline pilots with uncorrected vision of 20/200, but the airline required minimum uncorrected vision of 20/100. The Court found that petitioners did not properly allege that they have an impairment that "substantially limits" a major life activity because they are only limited for the position of global airline pilot. They are still afforded an opportunity to use their skills at other occupations such as a regional airline pilot or pilot instructor. - - - - - - - - - - - - - - - Murphy v. United Parcel Service No. 97-1992 Full text: http://supct.law.cornell.edu/supct/html/97-1992.ZS.html AMERICANS WITH DISABILITIES ACT The United States Supreme Court held 7-2 (opinion by O'Connor; dissent by Stevens) that the determination whether petitioner's impairment "substantially limits" one or more major life activities is made with reference to the mitigating measures he employs. This case follows a similar fact pattern of Sutton v. United Airlines (above). Murphy was terminated from his employment from UPS because of his hypertension. In a medicated state, Murphy functions normally in everyday activities. The Court did not reach the question whether Murphy was an individual with a disability while medicated because he had not shown that was substantially limited from performing one or more major life activities. A person must be regarded as precluded from more than one particular job. Petitioner has only shown that he is precluded from performing a job as mechanic that also requires driving a specific type of commercial motor vehicle. Because he has failed to show he is unable to perform a class of jobs, he has not shown that he has an impairment that "substantially limits" one or more major life activity. - - - - - - - - - - - - - - - Albertsons v. Kirkingburg No. 98-591 Full text: http://supct.law.cornell.edu/supct/html/98-591.ZS.html AMERICANS WITH DISABILITIES ACT The United States Supreme Court held in a unanimous decision (opinion by Breyer) that an employer who requires as a job qualification that an employee meet an otherwise applicable federal safety regulation need not justify enforcing the regulation because its standard may be waived in an individual case. Kirkingburg drove a commercial truck for Albertsons. He has amblyopia, a condition that leaves him with 20/200 vision in one eye, and leaves him effectively with monocular vision. He was erroneously certified under Department of Transportation (DOT) standards. However, at a 1992 physical, his vision was correctly assessed, and his physician told him that he would have to receive a DOT waiver to continue driving commercially. Albertsons fired him, and refused to hire him back once he received a waiver from DOT. The standards to which Albertsons held Kirkinburg were set by the Federal Motor Carries Safety Regulations, 49 CFR s 391.11, and carry the force of law. The Court did not find it credible that Congress enacted the ADA with the understanding that employers who choose to respect federal standards would be burdened with defending those regulations in the face of an experimental waiver. ---- STATEMENT BY PRESIDENT CLINTON ON THE OLMSTEAD CASE I am pleased that the Supreme Court decision's in the Olmstead case upholds the purposes of the ADA by recognizing that unjustified isolation of institutionalized persons with disabilities is prohibited discrimination. This decision will increase access to home- and community-based long term care services and support for these persons. My Administration is committed to finding affordable ways to enable people who need long term services and support to remain in the community if they choose and are able to do so. The best way to continue progress toward this goal is for State Governments, the Federal Government, and the affected communities to work together to develop cost-effective ways to provide these services. We must ensure that the quality of these services is excellent and that they are available to persons with disabilities of all ages. Therefore, I am asking Secretary Shalala and Attorney General Reno to work with all interested parties to carry out today's decision in a fair and effective manner. Although this may not be easy in some cases, we can do it by working together in order to advance the goals of the ADA. Our ultimate goal is a nation that integrates people with disabilities into the social mainstream, promotes equality of opportunity, and maximizes individual choice. President Clinton (In Italy) ---------------------- June 1999 Dear Friends: I would like to share this information about the fundraiser for Alice Cogswell Headstone Restoration. Maybe some of you do not realize or know who she was. Alice Cogswell was very first deaf student in America. Please find the information at: http://www.americanschdeaf.org then press alumni button and find Alice Cogswell fundraiser. We need your support for this fundraiser. Remember Alice Cogswell represents Deaf Children in America. If you should have questions, please email me back at Mittens36@aol.com Some of you may wonder how I got your email, I am using through friends, deaf directory, etc. I am trying to get to everyone in America. If you are wondering who I am. Let me brief about myself. I grew up at American School for the Deaf in CT and graduated both from ASD and Gallaudet. I now am working at ASD Upper School Office and am volunteering for this fundraiser. We are hoping that you will reconsider to support this fundraiser. Thank you very much for your time. Friend yours, Darlene (Borsotti) Shilati West Hartford, CT ============================================================== 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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