PROTECTION & ADVOCACY
Oklahoma Disability Law Center, Inc.	September, 2001

IN THIS ISSUE:

v Justin Dart at ADA Eleventh Anniversary

v Disabilities Act Yields Positive Changes Say Oklahoma Disability Leaders

v Order Free CD-Rom on ADA

v Olmstead Comment Invited by Federal Government

v Oklahoma: Six Olmstead “Town Meetings” Scheduled in September

v DOJ Update: Enforcing the ADA July-September, 2001

v EEOC Update

v Housing Update (25 new vouchers for Oklahoma)

v FEMA: Assisting People with Disabilities in a Disaster

v New on National Health Law’s Website

v In Memory of Elizabeth Cook, ODLC Board and PAIMI Advisory Council Member

Justin Dart at ADA Eleventh Anniversary

Remarks by Justin Dart, ADA Eleventh Anniversary Celebration,US Capitol, July 26, 2001

Colleagues in justice, I love you.
Happy Independence Day! Congratulations!
Thanks to you, we celebrate the passage of the world's first civil rights law for people with disabilities.
Thanks to your passionate advocacy everyday for eleven years, we can proudly say that, compared to rights mandates of the past, ADA has been successful.

To the critics who complain that ADA has not achieved total justice in eleven years, I say what about the Bill of Rights and the Ten Commandments? Have they achieved total justice? The vision of justice is an eternal long march to the Promised Land of the good life for all.

I congratulate George Bush who signed ADA. I congratulate Dick Thornburgh, Bill Clinton, Janet Reno and all who enforced ADA. I congratulate Pat Wright, Bobby Silverstein, Mark Smith, Judy Heumann, Marca Bristo, Becky Ogle, Liz Savage and Tom Harkin, patriots of ADA. I congratulate Ted Kennedy, Bob Dole, Orrin Hatch, Steny Hoyer, Fred Fay, Andy Imparato, John Kemp, Hellen Roth, Ted Kennedy Jr. patriots of ADA. And I congratulate each one of you here today and thousands of other patriots from sea to shinning sea who fought to shape, to pass and to implement ADA.

I congratulate President Bush on his outreach to the disability community. Yes, Mr. President, the disability community is a major voting and thinking constituency of today and tomorrow. We will work with you to infuse the values of ADA, IDEA and Independent Living into every aspect of American life.

Colleagues, I join you in celebrating ADA. But as we celebrate we are mindful that we have taken only the first steps in a long journey to justice. As we celebrate, ADA and IDEA are under attack. Democracy is under attack.

There are dozens of important issues. I will mention just a few where we need your support.

* We must mobilize our people to vote and educate them on the issues.
* We must demand to be at the table with the major rights constituencies. We are 56 million strong, plus uncounted millions more, families, service providers and friends.
* We must fight to defend, strengthen and enforce ADA, IDEA, Medicaid, Medicare, Social Security, Patients' Rights, 504, the Fair Housing Act, the Air Carriers Access Act, the Civil Rights for Institutionalized Persons Act and all disability rights laws.
* We must support the passage and implementation of MiCASSA. We must move forward from MiCASSA to guarantee community based services that will free all of the millions of our people who are unjustly imprisoned in nursing homes, institutions and back rooms.
* We must fight to pass Universal Healthcare that will exclude no American.
* We must pass and implement the Family Opportunity Act.
* We must strengthen and increase support for independent living, special education, vocational rehabilitation, accessible technology, accessible transportation, affordable homes, supported employment, interpreter services and other empowering programs. No waiting lists.

Colleagues, the world is watching America. The world is watching ADA. The world will follow what we do. Failure is unthinkable.

Let us reconsecrate ourselves to the revolutions of 1776, 1964 and 1990.

Let us rise above politics as usual. Let us join together, Republicans, Democrats, Americans. Let us embrace each other in reverence for individual human life. Let us unite in action to keep the sacred pledge - liberty and justice for all.

Colleagues, I love you so much. I am with you always.
Solidarity forever! Together, we shall overcome.
Justin Dart

DISABILITIES ACT YIELDS POSITIVE CHANGES SAY OKLAHOMA DISABILITY LEADERS

The federal Americans with Disabilities Act (ADA) will be eleven years old on July 26. Enacted in 1990, the measure outlawed discrimination based on disability in employment, public accommodations and activities of state and local governments. It also required adoption of uniform standards for making buildings and other facilities accessible to
individuals with disabilities.

According to Oklahoma disability leaders, the ADA has stimulated major improvements in opportunities for individuals with disabilities to participate in society.

Greatest gains have been in environmental accessibility including access to stores, restaurants and other facilities open to the public. A successful nationwide network of telephone relay services for deaf, hard of hearing and speech-impaired Americans is also due to the ADA.

Advocates point out that while the diversity of job opportunities and protection from disability-based discrimination on the job have been positive results from ADA, the overall rate of employment among people with disabilities has not increased significantly. Disability rights advocates stress that much remains to be done to ensure equal opportunity for citizens with disabilities to participate fully in all aspects of American life.

According to U.S. Census estimates, approximately 680,000 Oklahomans have some level of disability. About 424,000 have severe disabilities. The 1998 Chartbook on Work and Disability lists Oklahoma among the eight states with the highest population of work age people with disabilities,
with 10.2% of our work age citizens having disabilities. An estimated 34.7% of Oklahomans with disabilities are working while 65.3% are unemployed

Although they voice different views about the degree of progress the ADA has produced, Oklahoma disability rights leaders agree that the law has made a difference in the lives of Oklahomans with disabilities and the opportunities afforded them.

"For me the biggest difference since ADA's passage is the vast improvement in access to specialized technologies that allow people with disabilities to work and function more independently in all aspects of their lives," says Elaine Boykin, who has been legally blind since birth. Boykin is a programs manager for the Department of Rehabilitation Services (DRS)' Visual Services Division. Her unit provides adaptive skills instruction and assistive technology services to Oklahomans who are blind or visually impaired. According to Boykin, more assistive devices are available today because the ADA placed emphasis on providing citizens with disabilities equal access to jobs, goods, services, communications and the physical environment. "Specialized technologies must sometimes be employed to make equal access a reality," she explains.

Kirby Hodges is a vocational rehabilitation specialist for DRS in Tulsa. He notes that ADA provisions on communications access and reasonable accommodations in employment have made it easier for employees with disabilities to do their jobs. "As I am deaf," he says,
"I must depend upon communication for access to programs, services and people. Before ADA, I would have to rely solely upon others who may not have known sign language to help me communicate on the telephone. That was cumbersome and took a great amount of time, as most of the time people would have to write notes to let me know what the person on the other end of the line was saying. Now I can just utilize a sign language interpreter, a TTY or email to communicate with others via phone lines. My job is much easier and accessible, as it should be, after ADA."

Daniel Peterson, who has used a wheelchair for 35 years, says ADA has produced major improvements in the accessibility of the built environment. Before ADA, he remembers, people who used wheelchairs commonly encountered architectural barriers that prevented them from doing business in their communities, eating out, attending events and participating in community life. Although many access problems still exist, he observes, "ADA has made more businesses aware that people with disabilities can be their customers if business premises are accessible." Peterson is director of the Mid-America Chapter Paralyzed Veterans of America and has spent years advocating for better accessibility in public places.

Mike Ward is director of Oklahomans for Independent Living, a resource center serving people with disabilities in the McAlester area. He also has a disability himself. "The difference I see is that businesses are more aware of the need to make buildings accessible and agencies are more aware of the need for accessible programs. This is real progress. However, sometimes businesses don't know what they should do to comply with ADA and can’t find the right people to ask. In general, attitudes about disability are more positive. Once the fear factor dies away, businesses and employers have become receptive to improving accessibility."

Helen Kutz, a benefits specialist and policy analyst with Progressive Independence of Norman, agrees that ADA has resulted in vast improvements for citizens with disabilities, especially in terms of environmental accessibility. But she notes that people with disabilities still experience discrimination and confront daily barriers to full participation. According to Kutz, "It will take generations to fully realize the ADA promise of equal opportunity for Americans with disabilities. But the law has succeeded in bringing disability rights issues to the forefront of public thinking. Even when people resent ADA's requirements, at least they are giving some thought to the issue of access for individuals with disabilities. Twenty years ago access for citizens with disabilities was simply not on the radar screen in terms of public policy." Kutz was one of two Oklahomans with disabilities to attend the presidential signing of the ADA in 1990.

Tulsa attorney Joe Fallin thinks the ADA will ultimately be seen as watershed legislation which brought disability issues to the national table. "Disability in America is now a matter for discussion, " Fallin observes. "Before ADA, it was getting very little attention. ADA made America face the centuries of discrimination, isolation and neglect which had been a matter of course for American citizens with disabilities. By elevating disability rights to a public policy issue, ADA led the way for other far-reaching improvements such as disability access provisions in the federal Telecommunications Act and a national commitment to make federal government information systems accessible to
employees and customers with disabilities." Fallin, who is blind, has served as president of the Oklahoma Coalition of Citizens with Disabilities. He currently chairs the Oklahoma Foundation for the Education of Blind Children and Youth and is a member of the Board of Trustees of the Tulsa Metropolitan Transit Authority.

Information on the ADA can be found on the U.S. Department of Justice website at http://www.usdoj.gov/crt/ada/adahom1.htm. Links to resources including Oklahoma disability laws are available in the Department of Rehabilitation Services Disability Resource Guide on the Internet at http://www.okrehab.org/indexmanual. html/. Print versions
of the Guide can be ordered by calling Jean Jones, DRS Public Information Office, 405-951-3488 or 800-845-8476, Numbers are accessible by voice and telecommunications device for the deaf.

DRS provides vocational rehabilitation, employment and educational services for Oklahomans with disabilities. The agency also helps employers recruit qualified employees with disabilities and advises them on workplace accessibility, adaptive equipment and business tax credits
that can facilitate compliance with the ADA. For information on employer services call 1-877-739-4319. For general information on DRS services call 1-800-845-8476 Voice and TTY.

ORDER YOUR FREE CD-ROM: Containing Materials Developed by the Department of Justice on the ADA

This free CD-ROM contains a complete collection of the Department of Justice’s materials that describe the responsibilities of businesses and state and local governmental entities under the Americans with Disabilities Act. It includes the regulations, architectural design
standards, and technical assistance publications. Designed for easy use on laptop computers in the field, or other computers that lack high speed Internet access, the CD-ROM will make searching documents and identifying appropriate ADA information easier and more efficient.

Documents on the CD ROM are provided in a variety of formats, including HTML, WordPerfect, and text (ASCII), to enable people with disabilities and others to gain easy access, translate materials to Braille, or use screen readers. Many documents are also provided in Acrobat PDF format so that they appear as they do in print and permit the publication to be reprinted by personal computers.

Reserve your copy of the CD-ROM by calling the Southwest Disability and Business Technical Assistance Center at 1-800-949-4232 (voice/tty) or email: mromero@ilru.org.

OLMSTEAD: FEDERAL COMMENT INVITED

On June 18, 2001, President Bush signed Executive Order No. 13217 on Community-Based Alternatives for Individuals with Disabilities. As one step in carrying out the Order, the Departments of Justice, the Department of Health and Human Services, the Department of Education, the Department of Labor, the Department of Housing and Urban Development, and the Social Security Administration are tasked with evaluating the policies, programs, statues, and regulations of their respective agencies to determine whether any should be revised or modified to improve the availability of community-based services for qualified individuals with disabilities. The results of the evaluation must be reported through the Department of Health and Human Services, to the President by October 16, 2001. Essential to the review of the federal programs is the involvement of consumers, advocacy organizations, providers, and relevant agency representatives. "We can make real progress only if we first listen to the people who know the barriers better than anyone else could," as stated by DHHS Secretary Tommy G. Thompson during his July 25 speech celebrating the eleven year anniversary of the Americans with Disabilities Act.

There are three primary ways to provide input:

Written Comments - Comments due by August 27, 2001
http://www.hcfa.gov/Medicaid/newfreedom/pubinput.htm#written

Toll Free Teleconference Session - August 15, 2001
http://www.hcfa.gov/Medicaid/newfreedom/pubinput.htm#tollfree

National Listening Session - September 5, 2001
http://www.hcfa.gov/Medicaid/newfreedom/pubinput.htm#national

To access the full Federal Register announcement go to
http://www.hcfa.gov/Medicaid/newfreedom/pubinput

OKLAHOMA: SIX OLMSTEAD TOWN MEETINGS SCHEDULED ACROSS THE STATE IN SEPTEMBER

Ralph Rouse, Office of Civil Rights in the Department of Health and Human Services, will be speaking at six “town hall” meetings across the State of Oklahoma about the U. S. Supreme Court’s opinion in Olmstead v. L.C. The Supreme Court recognized that unjustified isolation and segregation of persons with disabilities in institutional settings is a form of discrimination prohibited by the Americans with Disabilities Act (ADA). For more information about the meetings contact:

Oklahoma Disability Law Center, Inc.

800-880-7755 (v/tty)

-or-

Jeff Hughes, Director, Progressive Independence

405-321-3203

The meetings are scheduled as follows:

September 10, 2001 10:00 a.m. Oklahoma City

State Capitol – House Chambers

September 11, 2001 2:00 p.m. Lawton

Great Plains Vo-Tech

45 Southwest Lee

September 13, 2001 4:00 p.m. Enid

Days Inn Conf. Center

202 North Van Buren

September 17, 2001 6:00 p.m. Tulsa

400 Civic Center

First Floor

Aaronson Auditorium

September 18, 2001 1:00 p.m. Bartlesville

Public Library

600 South Johnstone

Sepbember 20, 2001 1:30 p.m. McAlester

Aldridge Apts. Ballroom

200 East Carol Albert Parkway

DOJ Update: Enforcing the ADA July – September, 2001

Online at: http://www.usdoj.gov/crt/ada/julsep01.htm

http://www.usdoj.gov/crt/ada/julsep01.pdf

EEOC Update

(1) WAL-MART VIOLATES DISABILITIES ACT AGAIN; EEOC FILES 16TH ADA SUIT AGAINST RETAIL GIANT - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has filed suit against Wal-Mart Stores, Inc., under Title I of the Americans with Disabilities Act of 1990 (ADA), accusing the world's largest retailer of failing to reasonably accommodate an employee with a disability at its Peoria, Arizona, store. The suit is EEOC's 16th legal action nationwide against Wal-Mart for violating the employment provisions of the ADA. See news release online at: http://www.eeoc.gov/press/6-21-01.html.

(2) JUDGE SLAPS WAL-MART WITH MAJOR SANCTIONS FOR VIOLATING COURT ORDER IN EEOC DISABILITY BIAS CASE: Retail Giant to Pay $750,200 in Fines, Produce TV Ad, Reinstate Deaf Worker, Provide ADA Training - The U.S. Equal Employment Opportunity Commission (EEOC) announced that Judge William D. Browning of the U.S. District Court for the District of Arizona has held Wal-Mart Stores, Inc. in contempt of court and ordered the nation's largest retailer to pay $750,200 in fines, produce and air an explanatory television advertisement, and provide significant remedial relief. The Court Order charges Wal-Mart with failing to comply with a Consent Decree settling an EEOC lawsuit on behalf of two hearing-impaired employees under Title I of the Americans with Disabilities Act of 1990 (ADA). See news release online at: http://www.eeoc.gov/press/6-14-01.html.

(3) EEOC SETTLES DISABILITY BIAS SUIT FOR $650,000 AGAINST UNITED BLOOD: Federal Agency Says Employer's Leave Policies Ran Afoul of Disabilities Act - Federal District Judge John W. Darrah entered a $650,000 Consent Decree here today ending a U.S. Equal Employment Opportunity Commission (EEOC) disability discrimination lawsuit against Blood Systems, Inc. and its subsidiary United Blood Services (together United Blood), national firms in the business of collecting blood from donors and providing it to hospitals. EEOC's suit, filed under Title I of the Americans with Disabilities Act of 1990 (ADA), contended that United Blood's medical leave policies illegally required termination of a class of employees with disabilities after 120 days without consideration of whether an extension would be a reasonable accommodation in accordance with the ADA. See news release online at: http://www.eeoc.gov/press/8-21-01.html.

HOUSING UPDATE

PRESIDENT'S EXECUTIVE ORDER LAUNCHES INDEPENDENT LIVING AND
HOMEOWNERSHIP PROGRAM FOR DISABLED (Oklahoma to get 25 of the 400 vouchers)

WASHINGTON - As part of the President's executive order implementing the Olmstead Supreme Court decision, low-income disabled persons will soon be living more independent lives thanks to two new U.S. Department of Housing and Urban Development pilot programs. In Project Access, an 11-state pilot program, HUD will distribute 400 new housing vouchers to assist disabled individuals. The new Homeownership Voucher Pilot Program for Disabled Families, will allow disabled families with incomes up to 99 percent of the area median to use Section 8 vouchers, previously used only for renting, to purchase a modest home without paying more than 30 percent of their income for homeownership expenses.

"Somewhere along the way, society began confusing 'disability' with 'inability,'" HUD Secretary Mel Martinez said. "These programs will allow people with disabilities to leave institutions and become part of a community like most Americans." Project Access, will be launched in the following states: Colorado, Florida, Pennsylvania, Michigan, New Hampshire, New Jersey, New Mexico, Oklahoma, Oregon, Texas and Washington. HUD expects the first vouchers to be distributed within the next three months. HUD is partnering with the U.S. Department of Health and Human Services to implement this program. While HUD is supplying the vouchers and technical assistance, HHS, through state Medicaid agencies, will use Nursing Home Transition Grants, Medicaid funds and other resources to better help these disabled voucher holders make the transition to community living arrangements. HUD's action will help states and communities meet the goals of the 1999 Supreme Court decision in Olmstead v. L.C. The high court ruled that under the Americans with Disabilities Act of 1990, states must provide programs and services to persons with disabilities in community settings if doctors or other treatment professionals conclude it's appropriate and can be reasonably accommodated. In the past year, HUD has distributed more than 13,000 Section 8 vouchers to housing authorities specifically for persons with disabilities. These vouchers will also further the goals of the Olmstead decision. "I firmly believe everyone should have the opportunity to live the American Dream and today we are literally providing more access to the Dream than ever," said Martinez. The nation's 2,500 public housing agencies (PHAs) that participate in the Section 8 program will oversee the homeownership pilot program, determining eligibility and enforcing the rules. To participate in the program, families must be eligible for a Section 8 voucher and be disabled under the terms as defined by law.

A family must have an annual household income of at least $10,000 and must not be a current homeowner to be considered for the program. Welfare income can be counted toward the minimum income requirement and there is no maximum term of homeownership assistance as with non-disabled families. Each family will be responsible for obtaining the necessary mortgage financing. The housing authority may review lender qualifications and loan terms before approving assistance, and may disapprove proposed financing or refinancing. Local or state community development block grant funds or other subsidies may also be used in conjunction with the program. Two inspections must be completed prior to the purchase of a home. The first will be conducted by the PHA to insure that the home meets certain standards, and the second will be conducted by an independent certified home inspector, selected and paid for by the family, to identify any needed repairs. If a family defaults on the mortgage while in the program, the PHA may permit the family to move to a new unit with continued homeownership assistance if the default is due to catastrophic medical reasons or the impact of a federally declared disaster or emergency. If a family defaults for other reasons, the family would be eligible for Section 8 rental assistance, but not homeownership.

FEMA: Assisting People with Disabilities in a Disaster (Internet Resources)

Assisting People With Disabilities In A Disaster
http://www.fema.gov/r-n-r/assistf.htm

EMERGENCY PROCEDURES MANUAL FOR OFFICE
EMPLOYEES WITH DISABILITIES NOW AVAILABLE FROM
FEMA IN VARIETY OF FORMATS
http://www.usfa.fema.gov/about/press/020397.htm

ADA Applies to Restoration of Damaged Facilities
http://www.fema.gov/r-n-r/pa/papd/5.HTM

Disaster Preparedness For People With Disabilities
http://www.fema.gov/library/disprepf.htm

Fire Safety and People with Disabilities
http://www.usfa.fema.gov/fserd/dis3_list.htm

Emergency Procedures for Employees with
Disabilities in Office Occupancies
http://www.usfa.fema.gov/fserd/dis_a64.htm

Fire Safety for People with Disabilities
http://www.usfa.fema.gov/fserd/dis_a66.htm

FIRE STOPS WITH YOU
Removing the Barriers: A Fire Safety Factsheet for
People with Disabilities and their Caregivers
http://www.usfa.fema.gov/safety/fswy22.htm

New on the National Health Law Program's website
http://www.healthlaw.org

"An Advocate's Guide to the Medicaid Program, 2001 Edition"
Just Published! A New Revision of the National Health Law Program's Most Popular Publication. (see http://www.healthlaw.org/advguide for more information)

Side-by-Side: Medicaid Managed Care Regulations January 19, 2001 Final Regulations v. August 20, 2001 Proposed Regulations. (September 18, 2001)

Docket: Litigation Concerning Medicaid Services for Persons with Developmental Disabilities September 5, 2001 (MS Word format) (September 2001)

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