DEAF WATCH NEWSLETTER!

DEAF WATCH NEWSLETTER MARCH 2000

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Greetings!

MANY QUESTIONS LINGER around the shooting death of Bruce Gilbert the deaf man in Tennessee. This story has spread around like wildfire and people are bringing up questions such as "What sign did they use for 'arrest'?", "Have these police officers arrested him before?", "Why 6 bullets?", "Why didn't they wait for backup or someone who can communicate with him?" I've asked Human Rights Watch organization take a look into the shooting death of Bruce Gilbert. Next steps are Rev's Jessie Jackson and Al Sharpton. High profile California 'cop buster' activist Mike Madigan has been appraised of this news and he wants me to keep him updated on the investigation.

It is very sad to hear about a dog fully trained to communicate in sign language being taken away from a deaf girl in the Chicago area because one of her siblings has an allergy to dogs. I'm under the impression that the deaf girl's needs are not a priority in this family. This is a great way to make little girls mad at her parents and possibly at society later on in her lifetime. I've been criticized harshly for my position on this issue. My position comes from watching too many ignorant parents put their children with disabilities in their family ghettos. Take the late Veronica Henderson for example, she has spent most of her life living as an animal due to neglect by her parents. She had to fend after herself many times by eating discarded leftovers from the trash cans. Silent News this month published my tribute to Veronica. I ask the deaf girl's parents to reconsider their decision to get rid of the dog. The deaf girl needs her companion, her protector, and her best friend.

GREAT NEWS! Two landmark cases that challenged the constitutionality of Title II of the Americans with Disabilities Act have been settled. They will not be heard by the Supreme Court this year. Lets give all the disability activists and advocates a huge round of applause for our steadfast dedication to the preservation of our civil rights. I am happy to be a part of this powerful network of interlaced civil rights and disability activists and together, we win justice for all!

Always yours! RICHARD ROEHM Chief Editor, Deaf Watch Newsletter

NEWS

ACLU PLANS TO PROSECUTE CALIFORNIA SUPERIOR COURTS NOT ACCESSIBLE TO THE DISABLED

As of today, Mr. Peter Eliasberg of the ACLU Southern California office and Mr. Mark Rosenbaum, Litigation Director for the ACLU has agreed to proceed with lawsuit(s) against Superior Courts in San Francisco County, Sacramento County, Sonoma County, Mendocino County, Placer County, Los Angeles County, Orange County, San Bernardino County and San Diego County.

What they need are plaintiffs with disability who have been to any of the county courts listed and had their civil rights denied due to lack of physical access, accommodation, or programs to accommodate a particular disability need.

The plaintiffs can be those who have been victims, witnesses, plaintiffs, defendants, attorneys, observers, etc. The ACLU objective is injunctive relief for full compliance of the California Courts.

Please contact Mr. Peter Eliasberg, ACLU Southern California, 1616 Beverly Blvd. Los Angeles California 90026.

WORK OPPORTUNITY TAX CREDIT EXTENDED TO DECEMBER 31, 2001

The Work Opportunity Tax Credit (WOTC) was extended to December 31, 2001 and made effective retroactively back to June 30, 1999 when it expired. The extension authority was granted in H.R. 2488, the TaxPayer Refund and Relief Act of 1999. WOTC, which replaced the Targeted Job Tax credit (TJTC), provides a tax credit to employers who hire individuals from certain low-income categories, such as individuals with disabilities in vocational rehabilitation providers, qualified welfare recipients (TANF), veterans, ex-felons, food stamp recipients and summer youth employees. When people with disabilities are vocational referrals, or beneficiaries of other targeted groups, the employer may take a tax credit up to 35% for the first $6,000, up to $2,100 total, in wages paid during the first 12 months of work for a new hire. The State Employment Security agency provides WOTC certification and the employer files Form 8850 with the IRS.

NATIONAL COUNCIL ON DISABILITY CALLS FOR CHANGES IN THE TREATMENT OF PEOPLE LABELED WITH PSYCHIATRIC DISABILITIES

WASHINGTON--People labeled with psychiatric disabilities are routinely deprived of their rights as citizens and human beings. This conclusion is reached in the National Council on Disability's new report on the countless problems facing individuals with psychiatric disabilities: "From Privileges to Rights: People Labeled with Psychiatric Disabilities Speak for Themselves."

From Privileges to Rights, which was released today at the National Association of Protection and Advocacy Systems' Winter Conference 2000 in Orlando, Florida, is based on the 1998 hearing conducted by NCD in Albany, New York. NCD heard testimony from mental health professionals, lawyers, advocates and relatives of people with psychiatric disabilities. Most important, however, was the testimony given by people with psychiatric disabilities themselves. Passionate and eloquent, they described in graphic detail how individuals with psychiatric disabilities have been beaten, shocked, isolated, incarcerated, raped, deprived of food and bathroom privileges, and physically and psychologically abused in institutions and in their communities.

From Privileges to Rights notes that people with psychiatric disabilities are the only Americans who can be denied their freedom, who can be institutionalized or incarcerated without being convicted of a crime, with minimal respect for their due process rights. When people with psychiatric disabilities die in facilities supposedly designed to serve and protect them, their deaths are rarely investigated, and when they are, criminal charges are seldom filed.

The compelling testimony heard and studied by NCD has resulted in a number of recommendations for change in the way that people with psychiatric disabilities are treated. "The most important change required," said NCD board member Rae Unzicker, "is the elimination of coercion." Ms. Unzicker, who also serves as president of the National Association for Rights Protection and Advocacy added, "In the Albany hearing, involuntary commitment and forced commitment were repeatedly described as the most painful and difficult experiences in people's lives."

"People with psychiatric disabilities are American citizens who have the right to expect the same treatment accorded other citizens which is based on the principles of law," said NCD chairperson Marca Bristo. "Laws, policies and practices that restrict the rights of people with psychiatric disabilities solely because of their disabilities, dishonor our nation's basic principles of justice and landmark civil rights laws such as the Americans with Disabilities Act (ADA)."

From Privileges to Rights calls on the President and Congress to address the many problems faced by individuals with psychiatric disabilities and ensure that these individuals are fully and substantively involved in making policy changes that will enable them to claim their full citizenship rights. NCD also recommends that the use of involuntary treatments such as forced medication and inpatient and outpatient commitment, be viewed as inherently suspect, because they are incompatible with the principle of self-determination.

NCD is an independent federal agency currently coordinating a multi-year study for the President and Congress on the implementation and enforcement of the Americans with Disabilities Act and other civil rights laws.

For more information, contact Mark S. Quigley at 202-272-2004 or visit NCD's award-winning Web site (http://www.ncd.gov).

FCC PUSHES PHONE SERVICES FOR DISABLED

WASHINGTON (AP) - Seeking to make the phone network more accessible to all Americans, federal regulators Thursday expanded the scope of services that phone companies must make available to callers with disabilities. The Federal Communications Commission voted 5-0 to require a new service nationwide that allows users to speak directly to a special operator - trained to identify speech patterns of those with disabilities - who would relay the message to the person on the other end of the line. The commission's action Thursday also would bolster the quality of services, such as text telephone, that already are available. "We want to make sure that the phone network remains accessible to all Americans," the agency's chairman, William Kennard, said.

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."

ï¿½ 2000 The Star-Ledger

U.S. LABOR DEPARTMENT PLANS DISABILITY OFFICE

The U.S. Labor Department's proposed 2001 budget includes funding For a new Office on Disability Policy, Evaluation and Technical Assistance. Secretary of Labor Alexis M. Herman said the new office will be charged with increasing the employment rate of people with disabilities.

Secretary Herman discussed details of the department's proposed budget for next year during a briefing in Washington Monday. She requested $21 million to set up the disability office and said it would be headed by an assistant secretary.

'This new office will provide leadership in helping people with disabilities enter, reenter and remain in the workforce,' Secretary Herman said. 'With the recent passage of the Workforce Incentives Improvement Act and the Workforce Investment Act, the stage is set to achieve real change in the unemployment rate for people with disabilities.'

The Labor Department's new disability office would ensure that people with disabilities get full consideration in all programs funded or managed by the department; that the laws enforced by the department are evaluated to remove any barriers that may exist for people with disabilities; and absorb the President's Committee on the Employment of People With Disabilities, which works with employers to develop strategies to employ persons with disabilities.

The Work Incentives Improvement Act makes it possible for millions of people with disabilities to take jobs without losing their health care. The Workforce Investment Act establishes a system of one-stop career centers throughout the country and funds job training programs. The disability office also would be directed to make sure that all services of the one-stop centers are accessible for people with disabilities.

Currently only 29 percent of working age people with disabilities are employed, though of those not working, 72 percent want to work. The Presidential Task Force on the Employment of Adults with Disabilities recommended that the Labor Department office be established to improve opportunities for people with disabilities.

Task Force Executive Director Becky Ogle said that creating the office 'demonstrates the commitment to put people with disabilities to work.' Secretary Herman chairs the task force.

U.S. Labor Department news releases are accessible on the Internet at: The Information in this news release will be made available to sensory impaired Individuals upon request. Voice phone: (202) 693-4650.

AAPD CALLS ON ELECTED OFFICIALS TO RENEW PLEDGE OF SUPPORT FOR DISABILITY CIVIL RIGHTS LAWS

February 11, 2000, WASHINGTON, DC - Andrew Imparato, the President and CEO of the American Association of People with Disabilities (AAPD), traveled to Little Rock, Arkansas today to kick off a national campaign whereby elected officials will be asked to renew their pledge of support for the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA) as the disability community celebrates the 10th anniversary of ADA and the 25th anniversary of IDEA. AAPD is a national membership organization advocating for the political and economic empowerment of all 54 million Americans with disabilities.

"ADA and IDEA establish the right of children and adults with disabilities to participate fully in all aspects of American society," said Imparato. "These critical civil rights laws stand for the proposition that everyone counts, and that we as a nation need to harness the potential of all our citizens," Imparato continued.

Last month, the Supreme Court accepted for review two cases that challenge the constitutionality of ADA as it is applied to the States. One of these cases, Alsbrook v. City of Maumelle, originated in Arkansas. Although most federal appellate courts have upheld the constitutionality of ADA when it has been challenged, many state attorneys general continue to argue that Congress exceeded its authority when it enacted ADA. This is disturbing to AAPD and its members, particularly because the National Association of Attorneys General testified in support of ADA and its applicability to the states when the law was being considered in Congress.

In another troubling recent development, the National Council on Disability (NCD) last month released a report on federal enforcement of IDEA that found that every State in the country was out of compliance with core civil rights protections in that law. The NCD report was based on the U.S. Department of Education's own data, which showed that in many States the compliance problems had persisted for several years.

"AAPD is calling on elected officials and policymakers to renew their pledge for full enforcement and implementation of ADA and IDEA in this anniversary year so that we can build on the progress that has been made since these laws were enacted and address the remaining barriers that artificially limit children and adults with disabilities from realizing their full potential," said Imparato.

Later this month, AAPD will kick off a national torch relay, the Spirit of ADA Torch Relay, that will commemorate the ADA and IDEA anniversaries with celebrations in 24 cities around the country. The theme for the relay, "Renew the Pledge," underscores the importance of public officials coming together to recommit to an America that works for everyone. The national title sponsors for the relay are Volkswagen of America and Audi of America.

STATE COMMITTED TO DISABLED

Kampala (New Vision, February 17, 2000) - Mrs Florence Naiga Sekabira, the minister of state in charge of elderly and disability affairs has said the Government is committed to enabling people with disabilities participate equally with the able.

In her speech at the opening of the 5th Regional Sign Language Project workshop, she said, "It is the policy of government to uplift the social and economic standards of the rural poor where 90% of the PWDs live."

The speech was read for her by the Commissioner for disability and the elderly, Herbert Baryayebwa.

Francis Oranit, the project coordinator, said the need to train people in sign language was paramount. He said the course will enable participants exchange ideas and experiences for the benefit of their respective countries.

Oranit, also executive director of the Uganda Association for the Deaf, said people with a hearing impairment had been denied their most basic right to communication.

He said many people had not realised that sign language was important to people who cannot communicate through speech.

The workshop brought together participants from Kenya, Tanzania, Zambia and the host Uganda.

Copyright ï¿½ 2000 New Vision. Distributed via Africa News Online.

U.S. ACCESSIBILITY LAW COULD BE APPLIED TO INTERNET

WASHINGTON (Reuters) - A 1990 law requiring businesses to make themselves accessible to people with disabilities could be applied to Internet Web sites without requiring the removal of graphics and multimedia images, advocates for the disabled told Congress Wednesday.

The U.S. Justice Department has said the Americans With Disabilities Act ought to apply to commercial Web sites. The law requires businesses to make reasonable efforts to give access to the disabled.

But few Web sites have made themselves easily accessible. Last year, the National Federation for the Blind filed a lawsuit under the law against America Online, the largest Internet service provider, contending that the company's online software was inaccessible to the blind.

That stirred criticism from some business and online groups that Web sites would have to remove graphical images or live video or audio streams to comply with the law.

But disabilities groups testifying at a hearing of the House Judiciary Committee's constitution subcommittee Wednesday said they were only seeking modest alterations which would not require removing existing content.

Most Web sites are not easily accessible to people with disabilities. Blind people, for example, rely on Web browsing software that reads text and cannot interpret unlabeled images frequently used as navigation points.

``The presence of graphics is not the problem, but the presence of unlabeled graphics and the design of systems which rely only on graphics are what cause us tremendous difficulty,'' said Gary Wunder, a programmer at the Uinversity of Missouri and member of the board of directors of the National Federation of the Blind.

``The effort required of the business community is miniscule when compared with the benefits to blind and disabled people and to the society in which we live,'' Wunder added.

Online industry officials said they were moving to make the Internet more accessible, but warned that enforcing the law against Web sites might be counterproductive.

``Many sites will focus on avoiding litigation instead of addressing the real need of disabled net citizens to have access to the valuable content they provide,'' said Steven Lucas, a member of the Board of Directors of the U.S. Internet Industry Association.

``The cost of potential litigation could prevent some Web sites from coming online,'' he added.

He urged delaying any enforcement of the law against Web sites until ``industry has been given an opportunity to address the issues of accessibility in a commercial and competitive environment''.

DISABLED PROTESTERS APPEAR FOR PROTEST AT BUSH MANSION

The 17 disabled protesters who were arrested at the Governor's mansion last February head to court on Tuesday February 15th at the Travis County Courthouse Annex. At 12:30 pm they will hold a press conference in the courtyard between the Annex and the Courthouse at 11th and San Antonio Sts.

The 17 were among those protesting Governor Bush's states rights stance in opposition to the federal civil rights law the Americans with Disabilities Act, ADA. Governor Bush, despite repeated pleas from the disability community, refused to take Texas' name off a Supreme Court amicus brief filed on behalf of states in the case Olmstead vs. LC and EW. Although 25 states originally had signed onto the amicus brief, all but seven eventually removed their names. Texas, under Bush's leadership, was one of the seven who staunchly refused to give up their pro-states rights, and anti- civil rights stance.

Ultimately the Supreme Court ruled, in June of 1999, that the state of Georgia discriminated against the plaintiffs LC and EW by unnecessarily segregating them in institutions even though the state's own experts had said the two women would be better served in community settings. The Olmstead decision, as it has come to be called, is considered by many the Brown vs. Board of Education for the millions of Americans who are unnecessarily segregated in institutions, nursing homes and similar large congregate facilities.

According to the Health and Human Services Commission, as of September 1, 1999 there are 98,000 disabled Texans in institutions. "If the right to liberty is not worth protesting over, it is hard to imagine what is" said protester Stephanie Thomas. "Almost a decade after passage of the ADA, thousands of Texans still can not exercise that right because this state refuses to do the right thing."

"I was in a state school for 30 years" added JT Templeton. "Now I live in my own home, with attendant services. I fight for others to be able to be free."

Bob Kafka/Stephanie Thomas
512-442-0252 or 512-482-8543

WHITE HOUSE PUSHES NEW POLICY ON HOME CARE FOR DISABLED IN WAKE OF OLMSTEAD VICTORY

By ROBERT PEAR , New York Times
First published: Sunday, February 13, 2000
White House pushes policy of home care for disabled
States must evaluate thousands in nursing homes, state institutions

WASHINGTON -- Following up on a Supreme Court decision, the Clinton administration has told states to evaluate hundreds of thousands of people in nursing homes, mental hospitals and state institutions to see whether they could be receiving care in their own homes or elsewhere in their communities.

In a policy statement with far-reaching implications, the administration has informed states that to comply with the court ruling they will almost certainly have to provide more medical and social services and shift more people out of institutions and into small group homes or apartments.

"No person should have to live in a nursing home or other institution if he or she can live in his or her community,'' Donna Shalala, the secretary of health and human services, said in a letter sent last month to all governors. Moreover, she said, "unnecessary institutionalization of individuals with disabilities is discrimination under the Americans With Disabilities Act.''

People with disabilities welcomed the administration's action, saying it would help them enforce their rights. But state officials said the federal policy went beyond the court ruling and could impose substantial new costs on states.

The state officials said that compliance would cost tens of millions of dollars in individual states and could cost over $2 billion a year nationwide. Federal officials said they had no immediate estimate of how much it would cost states to comply.

The federal government has some power to force states to comply with its new instructions, both because the states are required to meet federal standards as a condition of receiving Medicaid money and because the federal government enforces the Americans With Disabilities Act. But officials said they would prefer that the states cooperate in developing acceptable practices.

People who leave institutions to live in the community often need housing assistance, job training, medical care and personal attendants to help them with everyday activities. Many people spend years in institutions because these kinds of services are not available in less restrictive settings.

Federal officials said they wanted to know about any disabled person being unnecessarily confined to an institution, and they promised to investigate every complaint. They said they had received 43 complaints from people in 20 states. But the number of people eventually affected by the policy would be vastly greater.

The Supreme Court case, Olmstead vs. L.C., involved two Georgia women, Lois Curtis and Elaine Wilson, who had been confined to a state institution for years even though doctors had said they could receive appropriate care for their conditions -- mental retardation and mental illnesses -- in their community.

In its 6-3 decision last June, the court said, "States are required to provide community-based treatment for persons with mental disabilities when the state's treatment professionals determine that such placement is appropriate,'' considering a state's resources and the needs of other people with mental disabilities.

Federal officials contend that the ruling applies to people of all ages with all types of disabilities in all institutions and all state programs.

Michael W. Auberger, a co-founder of Adapt, an advocacy group for disabled people, said state officials "see the Olmstead decision as potentially busting the bank.''

William Waldman, who represents state officials as executive director of the American Public Human Services Association, agreed.

"This ruling has deep and profound implications for all states,'' Waldman said. "It affects not only people in state psychiatric hospitals and centers for the mentally retarded, but also people in nursing homes and children in institutions who want to live somewhere else. States can redirect spending from institutions to community services. But very likely there will also be new expenses for states.''

The Clinton administration policy, combined with the Supreme Court decision, is likely to lead to tangible changes in the lives of people with disabilities. Even before the court decision, state officials had been moving fitfully to increase community-based care, but the wait for such services exceeds eight years in some states.

In its letters to state officials, the Clinton administration made these points:

The Supreme Court ruling applies not just to people with mental impairments but also to those with physical disabilities.

The ruling applies not just to people in state institutions but also to Medicaid recipients in private nursing homes.

The ruling applies not only to people in institutions but also to people who are living at home and might have to enter an institution if they do not receive proper services.

The Clinton administration told states it expected them to evaluate "all individuals with disabilities in institutional settings (such as state institutions, intermediate care facilities for the mentally retarded, nursing facilities, psychiatric hospitals and residential service facilities for children)'' to see if their needs could be met in their communities.

Officials of the New York State Health Department said they were still reviewing the Clinton administration's letters and had not decided how to respond. Kristine A. Smith, a spokeswoman for the department, said the number of people in state institutions had declined sharply in the last 20 years.

But Sarah J. Gilmour, a disability rights lawyer in Rochester, said: "Thousands of people now in institutions in New York should be receiving home health care or personal care in their own homes. So far the state has done nothing to respond to the Olmstead decision.'' Disability rights advocates will soon file complaints about the state's inaction with the civil rights office of the federal Department of Health and Human Services, Gilmour said.

SUPREME COURT DROPS DISABILITIES LAW DISPUTE

WASHINGTON (AP) - Dropping a high-profile states' rights case Wednesday, the Supreme Court backed out of deciding whether state employees are protected by a key federal anti-bias law.

The justices dismissed an Arkansas dispute over the Americans with Disabilities Act that they had agreed in January to review. They cited a rule most often invoked when an out-of-court settlement has been reached.

The court dropped a similar Florida case just last week after it also was the subject of an out-of-court settlement.

Both cases had been closely watched because the court's view of the ADA and states' 11th Amendment immunity from being sued in federal courts could have determined whether anyone can invoke the ADA and sue a state for alleged discrimination based on a disability.

The Baltimore Sun reported last week on what it called ``a widening national campaign to head off court rulings that would cut back on the legal rights of the disabled.''

The newspaper said disability-rights activists are seeking to avoid court rulings they fear would shield states from ADA lawsuits.

In the Arkansas case, Christopher Alsbrook sued the Arkansas Commission on Law Enforcement Standards and Training, a state regulatory agency, only to have the case thrown out on 11th Amendment grounds.

Alsbrook, a 1993 graduate of the agency's training academy, worked as a policeman for the city of Maumelle, Ark., for three years before he was denied a job with the Little Rock Police Department because he did not meet the state's vision requirement.

The law enforcement commission then notified the Maumelle Police Department that he was not certified for law enforcement duties. Maumelle officials subsequently barred Alsbrook from doing any police-related work.

The 8th U.S. Circuit Court of Appeals threw out Alsbrook's case, ruling by a 6-4 vote that Congress was not authorized to allow ADA lawsuits against state employers.

The Supreme Court had been scheduled to hear arguments in Alsbrook's case on April 26, the last day for oral arguments in its 1999-2000 term.

In the Florida case that washed out last week, prison guard Wellington Dickson said his failure to win a promotion was the result of discrimination because of his age and heart condition.

The Arkansas case dropped by the Supreme Court on Wednesday is Alsbrook vs. Arkansas, 99-423.

DOCTORS PREPARE NEW TREATMENT FOR DEAF CHILDREN

Australian doctors are working on a new chemical treatment which could help restore hearing to deaf children.

Researchers at Melbourne University's bionic ear lab are looking at ways of restoring the brain to the pliable state it was at birth.

Professor Graeme Clarke says the brain is like a piano keyboard which needs to be tuned to hearing sounds, a process which does not occur in deaf children.

He has developed new tests to train the brain to recognise different sounds.

Researchers plan to inject nerve growth hormone into the inner ear, in the hope of rejoining nerve endings and restoring brain chemistry which has been lost.

Copyright ï¿½ 2000 Australian Broadcasting Corporation

HOT LINKS TO HOT SITES

Shields Up! (online privacy)

Captions

Barbara Dodd, Future Deaf Firefighter?

DISABILITY FRONTLINES

WAL-MART AGREES TO CHANGE HIRING POLICIES

EEOC and the Arizona Center for Disability Law reached a settlement with Wal-Mart on the companyï¿½s policies for hiring people with hearing impairments. Wal-Mart will pay $132,5000 to the plaintiffsï¿½two deaf persons who applied for jabs at Wal-Mart in Tucson in 1995ï¿½and will also pay the Arizona Center $57,000 in legal fees. For more information, contact Arizona Center for Disability Law at 520-327-9547 (v/tty).

DISABLED PLAINTIFFS WIN RIGHT TO IN-HOME CARE

Without specific evidence of program-wide difficulties in providing services, New York city and state officials may not deny accommodations to a disabled person eligible for access to a public benefit, a Manhattan Supreme Court justice ruled. The decision represents the first interpretation in New York of the U.S. Supreme Court's 1999 ruling in Olmstead v. L.C. ex rel. Zimring, which limited the government's ability to raise a defense against Americans with Disabilities Act claims.

POLICE TRAINEE WITH HEARING LOSS ALLOWED TO CONTINUE LAWSUIT

A federal court denied a summary judgment motion in a case filed by a person with hearing loss. The plaintiff applied for a job as a police officer with the City of Dallas. The city refused to allow the plaintiff to use his hearing aid during a hearing test, and refused to hire him after he failed the hearing test. The court found that the plaintiff was not a person with a disability, because he only experienced a 12.5% hearing loss in one ear when using his hearing aid. However, the court denied the city's motion for summary judgment on the grounds that the city may have regarded the plaintiff as having a disability. (Matlock v. City of Dallas)

C.A.U.S.E. FOUNDERS WINS CASE AGAINST SOUTHERN RESTAURANT

On February 22, U.S. District Court Judge B. Avant Edenfield - Southern District of Georgia issued a preliminary order against the Lady & Sons, a renowned Savannah restaurant famous for its Southern cuisine compelling them to modify the entrance (i.e.,install a ramp) in order to comply with Title III of the Americans with Disabilities Act (42 U.S.C. 12101). The order resolves a lawsuit filed by David Wayne Dawson, Jr. and Frederick C. Marshall, both residents of Savannah who use power wheelchairs. Both men are founding members of CAUSE - Citizens for an Accessible and Usable Savannah, Inc. The order for summary judgment requires plaintiff's attorney to draft a mandatory injunction order, including timelines by which the project should be completed. The Judge also found that plaintiffs were entitled to $2160.86 in litigation costs.

The final order will be posted when it is issued at the following address: http://www.geocities.com/CapitolHill/Lobby/9202/index.html

DUKE UNIVERSITY TO MAKE CAMPUS MORE ACCESSIBLE

(February 23)ï¿½This out-of-court settlement [on Feb 23] resolves a complaint filed with DOJ alleging that a number of buildings and facilities on Duke's campus, which is located in Durham, NC, were not accessible to people with mobility impairments. Under the agreement, Duke has agreed to make a broad range of programs more accessible to persons with disabilities including academics, dining and living facilities, and social aspects of campus life. This is the 1st agreement the DOJ has reached regarding widespread accessibility of a college or university. For more info, watch for a future posting of this settlement on DOJ's website at www.usdoj.gov/crt/ada/adahom1.htm.

RESOURCE OF THE MONTH

LETTERS

Hi Deaf and Hearing friends,

Yes, it is very very very true that Texas Gov. George Bush is anti-ADA person. He won't let state pay interpreters who travel to Huntsville Prison where 85 deaf prisoners are. One of my friend-terp made her trips on every weekend to interpret them and even Gov. Bush awarded her Volunteer award. She wants to make a living as an interpreter because she pay her trip to Huntsville, Tx to interpret and said Gov. Bush will not pay anything for deaf and interpreters. He does not care if deaf prisoners getting nothing as long as he expect the interpreters to act as volunteers instead of paying them as professional interpreters.

So, don't vote him for our next President.

Karen

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There are several national candidates for the next U.S. president when our President Bill Clinton's term is ended, needs to be asked whether the candidate support or is against the Americans With Disabilities Act, we ought to know before our votes in November this year. For instance, Governor George Bush is unfavorable of the ADA but not entirely as it was published in the Dallas Morning News not long ago, which is contrasted to his own father who signed a bill that was passed by the supreme legislative body of a nation and the bill went into the federal law. We, the deafies, need to stand united and show our strength in politic to make sure that the ADA remains as the land of law. We need to keep our eyes open and alert whoever is anti-ADA, we vote the candidate out of the U.S. presidential election.
hope you watch the candidate out this november!!! if anyone attend to somewhere who speaker! important to ask him about ada we dont want to lose!

PLEASE PASS OUT TO YOUR FRIENDS. DON'T VOTE FOR GEORGE BUSH.

Mare

ANNOUNCEMENTS

Greetings,

Orange County Deaf Advocacy Center's Board of Directors and Advisory Council invites you to attend our next general meeting.

DATE : APRIL 1, 2000 (NOT A JOKE!)

TIME : 10AM - 12 NOON

LOCATION : SOUTHWEST SENIOR CITIZEN CENTER
2201 W. MCFADDEN AVENUE
SANTA ANA, CALIFORNIA

CLICK HERE FOR ROAD MAP TO SOUTHWEST SENIOR CENTER

CLICK HERE IF YOURE RIDING THE OCTA BUS TO SOUTHWEST SENIOR CENTER

We hope to see you there!

Http://www.deafadvocacy.com

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