1) What’s Happening in the Nation’s Capital?
Please Join Us for the Disability Power and Pride Inaugural Ball!
White House Says Detroit Bailout Deal 'Very Likely' Today
The Politics of the Federal Bench:
Obama's Appointments Are Expected To Reshape the U.S. Legal Landscape
2) National News
International Day of Persons with Disabilities 2008 Theme: "Convention on the Rights of Persons with Disabilities: Dignity and justice for all of us"
NPR: Some Students Fear Openness on Mental Health
Air Force Sets Schedule A Goal: 2% by 2010
3) State News
Michigan Protection and Advocacy Sues Oakland University on Behalf of Micah Feldman
Advocates Debate Ways to Close Texas Schools for the Disabled
4) Announcements
New Ways to Support NCIL While You Do Your Holiday Shopping and Search the Internet
Op-Ed Analyzing the Perception of Disability and Personal Happiness
NCIL Staff Justin Chappell Participates in YouTube Lesson on Digital TV Transition (with Singing!)
National ADAPT Youth Summit Currently Accepting Applications
Please Join Us for the Disability Power and Pride Inaugural Ball!
Sunday Evening, January 18, 2009; 7:00 p.m. to 12:00 a.m.
National Press Club: 529 14th St. NW, 13th Floor, Washington, DC
Black Tie Optional. Sign language interpreters, CART and assistive listening devices will be available. The National Press Club is easily accessible via Metro.
Individual tickets are $100. Tickets are available on first-come first-served basis and may sell out quickly.
Sponsorship levels and benefits include: $500: recognition and 1 ticket; $1000: recognition and 2 tickets; $5000: category recognition in all print materials and 5 tickets; $10,000: category recognition, acknowledgement from the podium, commemorative branding, 5 tickets and a donation of 5 tickets to youth with disabilities and others who could not otherwise attend; $25,000: category recognition, podium speaking opportunity, commemorative branding, 10 tickets and a donation of 10 tickets to youth with disabilities and others who could not otherwise attend.
For further information, to purchase tickets by credit card or to become a sponsor, please contact Natalie Shear Associates: 1730 M St. NW, Suite 801, Washington, DC 20036; Phone/TTY: (202) 833-4456 X101 or 800-833-1354 Fax: (202) 833-2116. Email: npshear@aol.com. Please make checks payable to: WOW! DISABILITY BALL and mail to Natalie Shear Associates.
White House Says Detroit Bailout Deal 'Very Likely' Today
Washington Post, by Lori Montgomery and Howard Schneider
The White House said it was "very likely" to reach agreement today with Congressional Democrats on a package of emergency assistance for the Big Three Detroit auto makers, as lawmakers continued work on a plan to extend $15 billion in emergency loans in return for close federal oversight of the industry. "If they want to work with us we'll meet them halfway," White House press secretary Dana Perino said this morning, adding that the White House was awaiting to review draft legislation "so we can get this done."
Democratic leaders continued working on details of their proposal this morning, and made at least one change at the administration's request. Instead of establishing a board from among six federal agencies to oversee an auto industry restructuring, Democrats agreed to the appointment by President Bush of a single "car czar," according to a senior Democratic aide, who spoke on condition of anonymity because the measure is not yet final. Read More.
The Politics of the Federal Bench:
Obama's Appointments Are Expected To Reshape the U.S. Legal Landscape
Washington Post, by Jerry Markon
The federal judiciary is on the verge of a major shift when President-elect Barack Obama's nominees take control of several of the nation's most important appellate courts, legal scholars and political activists say. With the Supreme Court's conservative direction unlikely to change anytime soon, it is the lower courts -- which dispense almost all federal justice -- where Obama can assert his greatest influence.
The change will be most striking on the Richmond-based U.S. Court of Appeals for the 4th Circuit, long a conservative bastion and an influential voice on national security cases, where four vacancies will lead to a clear Democratic majority. Democrats are expected to soon gain a narrower plurality on the New York-based 2nd Circuit, vital for business and terrorism cases, a more even split on the influential D.C. appeals court and control of the 3rd Circuit, which covers Pennsylvania and New Jersey.
Although Republican control will probably persist on a majority of appellate courts for at least several years, some experts say that by the end of Obama's term, he and the Democratic Congress will flip the 56 percent majority Republican nominees now exert over those highly influential bodies. "Obama has a huge opportunity," said Arthur Hellman, a University of Pittsburgh law professor who is an authority on federal courts. "In a very short time, significant segments of the appellate courts, which are the final authority in all but a tiny handful of cases, will be dominated by Democratic nominees."
The new judges might gradually reshape what many see as a conservative drift in the courts under the Bush administration and issue more moderate-to-liberal rulings in the ideologically charged cases that have fueled the struggle for control of the judiciary. Many judges are independent, and party affiliation is not a perfect predictor of their behavior. Still, studies have shown that Democratic and Republican nominees vote differently on such cultural issues as abortion and gay rights, along with civil rights, environmental law and capital punishment. Read More.
International Day of Persons with Disabilities 2008 Theme: "Convention on the Rights of Persons with Disabilities: Dignity and justice for all of us"
Source: UN Press Release
Dignity and justice for all of us was the theme of this year’s International Day for Persons with Disabilities [December 3, 2008], as well as for the 60th anniversary of the Universal Declaration of Human Rights.
Dignity and justice for all persons are established universal principles. Since its inception, the United Nations has recognized that the inherent dignity and the equal and inalienable rights of all members of the human family are the foundations of freedom, justice and peace in the world. These principles, along with equality and non-discrimination, have guided the work of the United Nations for the past 60 years and are enshrined in various instruments such as the UN Charter and the Universal Declaration of Human Rights, as well as in treaties such as the International Covenants on Human Rights, and the Convention on the Rights of Persons with Disabilities. These instruments are among those which make up the international human rights framework, are complementary and reaffirm that all human rights are universal, indivisible, interrelated, interdependent and mutually reinforcing.
2008 is a significant year in the international human rights movement given the entry into force on 3 May of the Convention on the Rights of Persons with Disabilities and its Optional Protocol, legally binding instruments which set out the legal obligations of States to promote and protect the rights of persons with disabilities, as well as the 60th anniversary of the Universal Declaration of Human Rights (UDHR). Article 25 of the UDHR provides that each person has “the right to security in the event of unemployment, sickness, disability, widowhood, old age, or other lack of livelihood in circumstances beyond his control". Several articles in the Convention on the Rights of Persons with Disabilities expound on this right to security, including article 10 on right to life and article 14 on liberty and security of person. Article 28 is more specific in that it asks that States Parties take steps to safeguard and promote that realization of the right to an adequate standard of living and social protection, including ensuring “access by persons with disabilities and their families living in situations of poverty to assistance from the State with disability-related expenses, including adequate training, counselling, financial assistance and respite care”. These instruments mark a clear reaffirmation that persons with disabilities have the right to full and equal enjoyment of their human rights. They also mark a clear reaffirmation of the principles of ‘dignity and justice for all of us’. Read More.
NPR: Some Students Fear Openness on Mental Health
Source: NPR: All Things Considered, by Larry Abramson
In the wake of the shootings at Virginia Tech, colleges and universities are paying more attention to students with mental health problems. But in some cases, that has meant that students who complain of serious depression or suicidal thoughts are quickly suspended or expelled. Listen to the webcast.
Air Force Sets Schedule A Goal: 2% by 2010
Source: Air Force Link, by 2nd Lt. Gina Vaccaro, Air Force Personnel Center Public Affairs
Air Force officials are working to increase manager understanding of how to hire qualified people with disabilities. The Schedule A hiring authority, a noncompetitive government hiring process, allows federal employers to hire qualified people with mental retardation, severe physical disabilities or psychiatric disabilities to civilian positions.
"While the Schedule A hiring authority is not new, it seems to have been under publicized," said Michelle Siples, the human resources specialist for the program oversight office at the Air Force Personnel Center here. "Schedule A is designed to remove barriers for people with disabilities to get hired and to increase employment opportunities for persons with disabilities."
Air Force officials have set a goal to be the employer of choice in the disability community and is working toward achieving a Department of Defense goal to have 2 percent of its workforce comprised of individuals with targeted disabilities by the year 2010. According to the Air Force Equal Opportunity and Diversity Program Office, known as AF/A1Q, the Air Force is still at less than 1 percent.
The Schedule A hiring authority allows federal employers to quickly fill positions with qualified individuals with disabilities. The process is non-competitive, which means human resources specialists and/or selective placement coordinators send resumes of qualified applicants directly to managers. If a manager likes the resume, he has the option to hire the individual immediately. Read More.
Michigan Protection and Advocacy Sues Oakland University on Behalf of Micah Feldman
Source: Detroit News, by Marisa Schultz
The Michigan Protection and Advocacy Service has filed a lawsuit against Oakland University, alleging the university has failed to follow federal fair housing and disability rights laws when it denied a student's request to live in the dorms. The suit was filed Tuesday in U.S. District Court on behalf of Micah Fialka-Feldman, a 24-year-old Huntington Woods resident who has a mild cognitive impairment that hinders his ability to read and write. Through a special program called OPTIONS, Fialka-Feldman has been sitting in on courses, volunteering on campus and participating in clubs.
Last year, Fialka-Feldman arranged to live in the dorms on campus. But before move-in day, the university withdrew the housing offer, saying Fialka-Feldman is not eligible to live in the dorms.
The suit alleges that Oakland violated the federal Fair Housing Act and Rehabilitation Act by failing to provide a reasonable accommodation. The service advocates for people with disabilities. "He should not be denied the opportunity to experience dormitory living simply because of his disability," Elmer L. Cerano, executive director of Protection and Advocacy Service, said in a statement.
Oakland University declined to comment on the suit because it's pending litigation. But in past interviews, Oakland University leaders have said the university welcomes students with disabilities and about 40 degree-seeking students with disabilities currently live in the dorms. However, Fialka-Feldman and the eight other OPTIONS participants aren't eligible because they aren't students formally admitted to the university.
The OPTIONS program was designed for college-age students with cognitive disabilities who couldn't be admitted to Oakland under the regular admissions standards. Fialka-Feldman pays a program fee that's equal to the cost of tuition, but doesn't earn grades in his courses. The goal is for OPTIONS students to hone their intellectual and social skills in order to find a job and live independently after completing the three-year program. Read More.
Advocates Debate Ways to Close Texas Schools for the Disabled
Source: The Dallas Morning News, by Emily Ramshaw
For the first time in 15 years, the stars seem aligned for advocates of closing some of Texas' state schools for the disabled. The only thing missing is a lawsuit. A threatening Department of Justice letter details civil rights violations across the state's dozen institutions, which care for the mentally disabled and some with physical disabilities. A report from Texas budget officials recommends downsizing the system. And a popular moderate legislator vows to carry their politically sensitive bill.
But the last time Texas shuttered state schools – two of them, in the mid-1990s – it took a class-action lawsuit over conditions inside the institutions. In the last three decades, Texas lawmakers have rarely overhauled any broken systems without enduring costly legal action – on abusive prisons, underfunded school districts or inadequate children's health care. "People have asked me over the years what it's going to take to close more state schools. I always told them, 'A lawsuit,' " said Linda Parrish, who, in 1991, served on the committee that finally settled the 1974 state schools lawsuit by closing two of them. "But this time, things are different. I think lawmakers are starting to see that there's no other choice."
Would community be safer? Advocates for closing state schools say people with disabilities are safer and better served in the community, where they can receive personalized medical attention, be closer to their families and live independently.
Many people with relatives inside the state schools flatly disagree, saying the facilities provide the around-the-clock care and structure that Texans with profound disorders and complicated diagnoses require. And they've got strong allies in the Legislature, including influential lawmakers who have state school campuses in their districts, and others who can't imagine re-rocking this boat.
It's an emotionally charged battle that created screaming matches and tears throughout the early 1990s – and much the same could happen when the Legislature reconvenes next month. "You can't understand what this does to the parents. It was horrible then and it will be horrible now," 75-year-old Nancy Ward said through sobs, describing how she had to move her profoundly disabled daughter out of the Fort Worth State School when it was closed in 1995. Dianne, who is 47 but has the developmental ability of an 18-month-old, is now living at the Denton State School. "This is our choice, the best thing I've done for my child and my family," Ms. Ward said. "At this age, I shouldn't be having to go through this again."
1970s lawsuit and overhaul: The battle to improve care for Texans with disabilities began in the 1970s, when the family of a man in a Houston-area institution filed suit to improve his living conditions. The civil rights case, overseen by legendary Dallas federal Judge Barefoot Sanders, snowballed with abuse and neglect allegations for 18 years before lawmakers called on Gov. Ann Richards to appoint a committee to settle the suit in the early 1990s. The subsequent overhaul included closing two facilities – the Fort Worth State School and the Travis State School in Austin – and moving hundreds of residents into community-based care.
"Until that point, we all had thought the state schools were sanctuaries, a refuge for people with disabilities," said Dr. Parrish, now the public policy coordinator for Texas A&M's Center on Disability and Development. "That was not the case. The whole world knew these institutions should be closed, but Texas didn't." Read More.
New Ways to Support NCIL While You Do Your Holiday Shopping and Search the Internet
With 2008 coming to a close many people are finishing their holiday shopping and giving donations to charity for an end of year tax deduction. You can show your support of NCIL and receive a tax deduction just by searching the internet or purchasing items and gift cards for the holidays at your favorite online stores, including Ebay.
Purchase a gift certificate for your loved one to their favorite store through for them to buy what they really want this holiday season and NCIL will receive up to 8% of every dollar you spend! There are no hidden charges like shipping and handling.
Use GoodSearch.com and iSearchiGive.com/ncil to shop and search the internet and they will donate up to 3% of every purchase you make at some of your favorite online stores, which are listed on their website. These websites also provide Yahoo-powered search engines that donate half their advertising revenue to the charities its users designate. Use it just as you would any search engine, get quality search results from Yahoo, and the donations to NCIL will add up.
Have you ever sold items using Ebay.com? You can receive an end of year tax-deduction, list your items for free, increase the visibility of your items, and possibly receive higher bids with no additional cost, all while supporting the National Council on Independent Living by listing your item here.
All it takes is listing an item of $5 or more on eBay and donating 10%-100% of the final sale price. Your listings stand out with a distinctive charity ribbon and receive added visibility through a specialized search function. Ebay will send sellers a tax-deductible receipt for their donations and reward your generosity by crediting the Insertion and Final Value Fees back to you, equal to the percentage of the final sale price that you elected to donate.
Thank you for considering these options as the holidays approach.
Op-Ed Analyzing the Perception of Disability and Personal Happiness
Source: Concord Monitor
What makes us happy? It's more complicated than you might think. After I read the Monitor's day-after-Thanksgiving editorial about what makes people happy, I thought about what my mother said at Thanksgiving dinner. My kids like each of us to relate things we are thankful for, and when it was my mother's turn, she said "Everything." We were surprised at her answer, but she insisted she was thankful for everything that she had.
In the past three months, my mother has declined significantly, both physically and mentally. She is 89 and has Parkinson's disease and dementia. She also has longstanding heart valve disease, which results in congestive heart failure, and a slow gastrointestinal bleed, which has led to anemia. She was seated at the Thanksgiving table in a wheelchair which she is unable to get into or out of without the assistance of one and sometimes two people. Except for eating, she can't do any activity - from using the bathroom to dressing to walking - without significant hands-on assistance. She had two recent hospitalizations and is living in a nursing home for rehabilitation. Many, many times that day, we reminded her that it was Thanksgiving.
My mother has progressed to a stage of dependence where some of us say, privately or out loud, that we wouldn't want to live like this. Our culture gives us objective phrases like "quality of life" to legitimize what are subjective beliefs. We are influenced by our youth and sports-obsessed society, to question how we could be happy if we lost our ability to move or to live independently. At one facility where my mother was admitted for rehabilitation after a broken hip, the nurse in charge tried to convince me of the poor reasoning in my mother's wish to be resuscitated if she stopped breathing, even though my mother would not otherwise die.
We may suppose that, because of her dementia, my mother doesn't realize how incapable she is, and therefore how unhappy she should be. It is true that my mother, like many persons with her stage of dementia, is unaware of the extent of her disability. According to an Alzheimer's disease website, the person cared for is less likely to be depressed than the family caregiver, a finding that raises issues about caring for the elderly, but settles any questions about the relationship of the extent of disability to happiness.
Indeed, in his intriguing book, Stumbling on Happiness, Harvard University psychologist David Gilbert reported that conjoined (Siamese) twins almost universally want to remain united. He offers and rejects several hypotheses for the twins' satisfaction with their life, which he predicts most "singletons" would describe as depressing, maybe not worth living. Maybe the twins are happy because they simply don't know what they're missing. Like my mother, who forgets how disabled she is, maybe they don't realize how unhappy they should be. But, as Gilbert points out, not knowing what you're missing may be precisely the reason you are happy, and doesn't invalidate your subjective experience of happiness.
He also hypothesizes that the twins may use language differently; they say they're feeling ecstatic when the rest of us would say we are feeling okay. But he points out that it is impossible to prove this, because happiness is always subjective, and seen from one's particular point of view.
Gilbert cites research that non-disabled people tend to underestimate the happiness of people with chronic illnesses or disabilities. According to that study, healthy people who are asked to imagine themselves in a particular state of poor health give their lives less value than do people with disabilities who are actually in such a state. He also cites research that non-disabled people are willing to pay more to avoid disability than disabled people are willing to pay to become able-bodied again. The explanation, again, is that non-disabled people underestimate the happiness of those who have disabilities.
I suppose that the opposite is also true - that people tend to overestimate the unhappiness of people with disabilities. Join our misconceptions about disability to our conceptions about happiness, and the two don't link up. In reality, I needn't doubt that my mother really is thankful for everything.
I should know better, because being legally blind all my life has not in itself made me unhappy. I think some people don't really believe this. I can't remember anyone ever saying this outright. However, like other people with disabilities, I sometimes got compliments about traits like perseverance I supposedly have, or am complimented just because I am a mother and lawyer.
My sister-in-law, who has a doctorate in biochemistry, as well as three children, and is physically disabled from polio, has been admired for her "courage." These comments are well-meant, but the subtle message is that we shouldn't have done these things, and to do them, we must have more strength or determination than a non-disabled person. That's certainly not true for me! We have "overcome" our disability, which would otherwise have led to less of a life than a normal person could expect.
According to that post-Thanksgiving editorial, happy people watch less TV. This holiday season, some of us nonetheless will risk our well-being to view, once again, It's a Wonderful Life. Frank Capra may have intended bitter Mr. Potter's wheelchair to serve as a metaphor for his crippled personality. Let's remember that this metaphor is distorted by society's lens.
(Sheila Zakre of Concord has been a lawyer for 21 years and owns the Zakre Law Office, which specializes in elder and disability law.)
NCIL Staff Justin Chappell Participates in YouTube Lesson on Digital TV Transition (with Singing!)
Communications and Development Advisor Justin Chappell participated in a new YouTube video produced by the AAPD. It is meant to educate people on frequent questions about the upcoming transition to DTV. Watch the wacky AAPD DTV videoclip at www.youtube.com/watch?v=jtVGsL_Jv4s. To turn on the captions, click the CC button at bottom right of videoclip.
National ADAPT Youth Summit Currently Accepting Applications
The National ADAPT Youth Summit is currently accepting applications for our Summit in 2009! Have you encouraged young people to apply? Our deadline is December 31! The Summit will be in Chicago from June 12-15 and we want to make it our best Summit ever! Call (801) 685-8214 for details.
The Summit is a call to young people with disabilities ages 18 to 30 who are ready and willing to answer the call for direct action grassroots leaders. At the Summit, young people meet disability rights activists of all ages, learn more about ADAPT and its issues, learn how ADAPT organizes campaigns, and practice nonviolent direct action to create change.
Veteran leaders: this Summit is a great way to grow ADAPT leadership in your area! Please encourage young people to apply. FREE OUR PEOPLE! Online application at: www.adaptyouthsummit.org
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December 8, 2008