1) What’s Happening in the Nation’s Capital?
Democrats to Bypass Formal Conference on Healthcare, Obama Throws Support Behind Strengthening Affordability Measures
2) National News
Fialka-Feldman Wins Battle against Discriminatory Housing Policy!
RSA Independent Living Program Update
Job Bias Claims Based on Disability, Religion Rise
3) State News
New York’s Governor Paterson to Appeal Landmark Olmstead Decision
Mainers with Cerebral Palsy Suing State Over Housing
4) Announcements and Additional Resources
Save the Date! CIL NET Presents… Keep it Real: Youth Leadership Development in Centers for Independent Living, a National Onsite Training
ADAPT to Host Direct Action Organizing Training March 2010; Application Deadline January 31
ADAPT Media Survey
Democrats to Bypass Formal Conference on Healthcare, Obama Throws Support Behind Strengthening Affordability Measures
Source: ThinkProgress, By Igor Volsky
Senior Democrats have officially confirmed that they will bypass the traditional House-Senate conference process and fast-track the final health care negotiations through informal ‘ping pong’ discussions between the two chambers. “The informal approach would still require the House and Senate to pass identical bills but would minimize the opportunity for Senate Republicans — who united in opposition to the legislation — to slow the process,” the Washington Post reports. “Under the plan, the House would pass the Senate bill amended with new compromise provisions, then send the package back to the Senate for one final vote.”
In a meeting with Democratic Congressional leadership [January 5th] at the White House, Obama “forcefully communicated” his desire to pass a final health care reform bill in time for the State of the Union address, which the White House has reportedly pushed to February 2nd to give Congress more time to complete their negotiations. Obama “responded to Pelosi’s strong, repeated pitches for the public option by making it clear that, while he supports the proposal, he doesn’t think it is doable” and threw his support behind “several provisions in the Senate health care bill including the tax on so-called Cadillac health care plans ( …) and the Medicare Commission.”
But House leaders aren’t prepared to swallow the whole of the Senate proposal. House aides reveal that Pelosi is “miffed with Obama’s tilt toward the Senate plan and his expectation the House will simply go along with the Senate bill out of political necessity” and suggest that she is focusing on incorporating several ‘getable’ House provisions into the final legislation. Pelosi is pressuring the administration to increase the tax threshold on Cadillac plans (from $21,000 to $28,000 for family plans), adopt stronger affordability measures, end the insurance industry’s exemption from federal antitrust laws, and move up the implementation date for the exchanges from 2014 to 2013.
Obama has reportedly “stated his intention to work with leaders to strengthen affordability … beyond what is in the Senate bill,” but efforts to repeal the anti-trust exemption may run up against the opposition of Sen. Ben Nelson (D-NE), a key 60th vote to ending debate on the conference package.
Fialka-Feldman Wins Battle against Discriminatory Housing Policy!
Self-Advocate, NCIL member, and 2009 Diana Vietz Award winner Micah Fialka-Feldman has finally won his two-year battle against Oakland University! The university denied Micah the right to live in dormitory housing, claiming that he is not a student. Micah is enrolled in the OPTIONS program at the university, through which he pays full tuition.
Micah’s case has been in the court system for two years and he has received significant support not only from the disability community, but also from his fellow students, who publically protested on campus last month. NCIL congratulates Micah, his family and friends, and everyone who supported his dream of inclusion.
From Micah:
The Federal Judge ruled that I can move into the dorm in January 2010. His decision clearly stated that I would be a positive asset to the university. It was the affidavits by my peers and my professors at Oakland University who made it clear that I would continue to be a great OU student and that I should have the right to the full college experience. Even though the case has taken more than two years, I am extremely happy with the decision. I am extremely pleased that the court said that "I am a student" and recognized my educational efforts. I look forward to living in the dorm.
Oakland University has been a pioneer in providing post-secondary educational opportunities to persons with intellectual disabilities, I hope they will continue to do so. This decision is just one step in the process and I hope Oakland recognizes the value at being a leader in post-secondary inclusive opportunities (check out www.Thinkcollege.net).
I really look forward to having people contact me and to reading / listening to their comments on my blog and on Facebook. You can check out the articles in the Detroit News by Marisa Schultz and NPR, Morning Edition with Joseph Shapiro.
I have learned that it is hard to fight battles for justice and inclusion. I also learned that when we create community we can change the world. This struggle will help many other people in colleges across the country. I hope that other students with disabilities continue to dream big and fight for what they believe in.
I could never have done this without the love of my family, the support of friends and as well as my great lawyer Chris Davis from Michigan Protection and Advocacy Service.
Check out my website: www.throughthesamedoor.com
Love and Justice, Micah.
Lead On!
RSA Independent Living Program Update
Source: Sue Rankin-White, Acting Chief, Independent Living Unit
ARRA IL Part C Awards
- On December 22, RSA issued the first ARRA IL Part C awards to 52 centers in 12 states totaling $12,136,667. These states included: CA, CNMI, DE, FL, MI, MS, MT, NV, PR, TX, WI, and WY. Our plan is to issue grants weekly to centers in states with final determinations and, as applicable, approved SPIL amendments, until all grants are completed.
- As of today, there are three states without a final determination and five states that have re-submitted. Our goal is to finalize determinations by the end of January.
- Of the 31 states that require SPIL amendments, 13 have been approved.
SPIL
- We anticipate the final approval from OMB shortly for the extension on the use of the current SPIL preprint. As soon as the approval is final, we will provide notification to all DSUs and SILCs.
- We have worked with SILC-NET to develop a SPIL tutorial, which is complete, and will be rolled out at the SILC Congress this week. Note that this tutorial can be updated and revised based on input from the field following its release. (Please note that RSA will not be participating in the SILC Congress.)
- RSA has developed an online SPIL process in the MIS. The online SPIL includes links to SILC-NET’s SPIL tutorial. RSA will provide notification of the SPIL online in the notification on the use of the SPIL form. At the same time, we will announce the date for the webinar on the online SPIL submission. The date is tentatively scheduled for Wednesday, January 20 at 2:00 ET.
704 Reports
- We are pleased to report that as of this morning 72.25 percent of the 704 Part II reports have been submitted in RSA’s MIS and 66.7 percent of 704 Part I reports. This represents a much higher online response from last year and we appreciate the efforts of CILs to report online. We will work continue to work with the remaining centers to get their reports submitted online.
Job Bias Claims Based on Disability, Religion Rise
Source: ABC News / The Associated Press, by Sam Hananel
The number of workers claiming job discrimination based on disability, religion or national origin surged to new highs last year, as federal job bias complaints overall stayed at near-record levels. The Equal Employment Opportunity Commission said Wednesday that charges of disability discrimination rose by about 10 percent to 21,451 claims, the largest increase of any category. The increase coincided with changes to the Americans with Disabilities Act last year that made it easier for people with epilepsy, diabetes and other treatable conditions to claim they are disabled.
Overall, the EEOC received more than 93,000 discrimination claims during the 2009 fiscal year, a 2 percent decrease from the record set in 2008, but still the second-highest level in the commission's history. As in previous years, claims based on race, sex and retaliation were the most frequent.
The commission's acting chairman, Stuart Ishimaru, said equal employment opportunity "remains elusive for far too many workers." He urged employers to step up efforts to end discrimination at work.
Since the ADA was enacted in 1990, a series of Supreme Court rulings have generally exempted from its protections those with partial physical disabilities or impairments that can be treated with medication or devices such as hearing aids. Legislation signed into law by President George W. Bush before he left office directs courts to apply the definition of disability more generously.
"After this law passed, I think people were more encouraged that if they had a disability that they were able to manage and still experienced discrimination on the job, that they might actually get some relief," said Andrew Imparato, president of the American Association of People with Disabilities.
Charges of discrimination based on national origin rose by about 5 percent to 11,134 claims, while religious discrimination claims rose less than 1 percent, to 3,386 claims. EEOC spokesman David Grinberg said the rise in those categories may be attributed to a more diverse workplace with a growing number of immigrants. He said national origin complaints are filed most often by Hispanics and Asians.
Allegations of race discrimination remained the most frequently filed complaint, accounting for about 36 percent of all filings last year. The EEOC said the near-historic level of complaints overall may be due to a number of factors, including economic conditions, increased diversity and demographic shifts in the work force. Employees also may be more aware of their rights and could be taking advantage of changes at the EEOC to make it easier to file a discrimination charge.
New York’s Governor Paterson to Appeal Landmark Olmstead Decision
Source: United Spinal Association
People with disabilities have won an important victory in the Federal District Court, Eastern District of New York. The Court ordered New York to provide integrated housing and services to 4,300 people with mental illness who are unnecessarily segregated in large institutions known as “adult homes.” The case is about New York’s failure to comply with the Supreme Court’s 1999 Olmstead decision. People with physical and mental disabilities who need support services to reside in the community and not in nursing homes or institutions will benefit greatly if the decision in Disability Advocates v. Paterson is embraced and implemented by New York. Nationally, the case is a model for effective Olmstead implementation and enforcement.
New York is very likely to appeal this important decision. Contact Governor David Paterson and tell him the state should not appeal the decision in Disability Advocates v. Paterson but embrace and adopt it.
Background: In 2003 Disability Advocates Inc. (DAI), a New York protection and advocacy organization, sued to enforce the rights of thousands of people with mental illness residing in New York City adult homes to be free from discrimination. Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (RA) prohibit discrimination in the form of unnecessary segregation of persons with disabilities. Those federal laws, and the Supreme Court case Olmstead v. L.C., require that government provide services to individuals with disabilities in the most integrated setting appropriate to their needs.
New York State has planned and administered its mental health system in a way that segregates people with mental illness in institutional adult homes in violation of federal law. Although New York has a nationally recognized supported housing program which successfully serves people just like the adult home residents with flexible supports at less expense, the State has administered its mental health system in a way that systematically excludes adult home residents from supported housing and relegates them indefinitely to segregated adult homes. The lawsuit sought an order requiring the State to do what is necessary to enable the adult home residents to receive mental health services in integrated supported housing.
DAI recently prevailed at the five-week trial before the Honorable Nicholas G. Garaufis, U.S. District Judge for the Eastern District of New York. In a 210 page decision, Judge Garaufis found that New York’s Office of Mental Health, the Department of Health, and Governor have discriminated in violation of the ADA and the Rehabilitation Act, and that 4,300 people residing in adult homes in New York City are not receiving services in the most integrated settings appropriate to their needs. He found that the adult homes are institutions that segregate residents from the community and impede residents’ interactions with people who do not have disabilities. He found that the residents are qualified to receive, and are not opposed to receiving, services in the State’s supported housing program, a far more integrated setting in which individuals with mental illness live in apartments scattered throughout the community and receive flexible supports as needed. Finally, the Court found that the relief sought would not fundamentally alter New York’s mental health service system because, among other things, serving the residents in the State’s supported housing program rather than adult homes would not cost New York more than it is now spending.
The parties have submitted proposed remedial plans and Judge Garaufis is expected to order final injunctive relief at any time. This will trigger the State’s right to appeal. An appeal will mean years of delay for people who, in many cases, have already been unnecessarily institutionalized for decades.
Email the Governor or write him at: Hon. David A. Paterson / State Capitol / Albany, NY 12224
Tell him not to appeal the decision in Disability Advocates v. Paterson so that people with disabilities can reside in the community and not institutions.
Mainers with Cerebral Palsy Suing State Over Housing
Source: Bangor Daily News, by Eric Russell
Penobscot, Hancock County: The 150-square-foot room has all the comforts of home: a cozy bed, a bureau, a cluttered computer desk. Red Sox posters adorn the walls, and pet fish swim around in a glass tank. There is a private bathroom. For the room’s tenant, Eric Reeves, the room is more than adequate; it’s just not home.
“The staff here is great. We laugh and joke,” Reeves said recently from the Penobscot Nursing Home, his residence for the last two years. “But, do I think this is the right place for me? No, I don’t.” Reeves is 33 years old. He recently got engaged. He still has a lot that he wants to accomplish.
He has limitations, too. His speech and motor skills are severely limited by cerebral palsy, a chronic brain disorder that affects roughly two out of every 1,000 newborns. He uses a wheelchair and admits that he can’t take care of himself fully, “not because I don’t want to — because my body won’t let me,” Reeves explained.
So, here he is, stuck in a nursing home because no other options exist, surrounded daily by death and dying even though his life expectancy is normal, and clinging to the hope that his stay is only temporary.
Reeves and two other Hancock County men with cerebral palsy, Jake Van Meter and Adam Fletcher, have sued the state of Maine for violating their rights under the Americans with Disabilities Act.
In a lawsuit filed Dec. 18 in U.S. District Court in Bangor, the three men claim that state policies have forced them into undesirable living situations. Van Meter, 26, lives in a nursing home in Ellsworth. Fletcher, 28, who is from Ellsworth, has spent the last three years at a similar facility in Braintree, Mass.
Maine Department of Health and Human Services Commissioner Brenda Harvey, who is named as the defendant in the lawsuit, has declined to comment for this story. Maine Attorney General Janet Mills, whose office is defending the state in the lawsuit, said she’s still in the fact-finding stage and declined to talk about specifics.
“We’re certainly sympathetic with the situation they find themselves in,” Mills said this week. “With any case there are legal issues and factual issues, and I suspect this case is no different.” Read More.
Save the Date! CIL NET Presents… Keep it Real: Youth Leadership Development in Centers for Independent Living, a National Onsite Training
May 12-14, 2010; Atlanta, Georgia
More information and registration coming soon!
Your Presenters:
- Stacey Milbern, President of the National Youth Leadership Network and Youth Organizer for the Disabled Young People’s Collective;
- Amber Smock, Youth and Education Team Leader at Access Living Chicago; and
- Julia Thomas, Executive Director of the Kansas Youth Empowerment Academy
Learning Objectives: Upon completion of this training, participants will be able to:
- Describe strategies to locate, recruit, connect with, and hire young people with disabilities to represent the community, embrace the philosophy of independent living, and serve as partners and leaders in the management and direction of their Centers.
- Design leadership development programs that include a process for identifying leadership qualities in young people with disabilities, as well as taking advantage of the diversity of leadership opportunities available to them.
- Recognize and challenge adultism in staff and the community by engaging in intergenerational and multicultural collaboration that offers inclusive and youth-led social, advocacy and skill development activities.
- Use best practice models in youth disability leadership programs to create action plans for implementation in their Centers.
ADAPT to Host Direct Action Organizing Training March 2010; Application Deadline January 31
Mad As Hell and Don’t Want to Take It Any Longer? Don’t Mourn… Organize! Form an ADAPT Group!
The ADAPT Community will be hosting Direct Action Organizing Training March 2010, Memphis, Tennessee. Topics covered:
- The Power Relationship
- Picking an issue
- Winning strategies / tactics
- Organizing a “Direct Action”
- Negotiating – Getting to “Yes”
- Forming an ADAPT Group
- Pitchfork approach to social change
For information contact Bob Liston at adaptbob@gmail.com or 406-544-5137 or 406-829-9495 (cell). Application deadline January 31st.
ADAPT Media Survey
ADAPT is working to improve outreach this year. Help them learn how to stay in better touch with you by filling out a short online survey. Understanding what people know about ADAPT and our communications will only help us all better work together. In addition, there is a space for any general feedback that you would like to give ADAPT.
One lucky survey participant will win a free Chicago ADAPT t-shirt with the original logo by Anna Stonum and the slogan “ADAPT or Perish!” If you want to be considered for the t-shirt prize, you MUST leave your e-mail or phone number in the comment box for survey question number 10.
If you have trouble accessing the link or the survey itself, please contact Amber Smock of Chicago ADAPT at ambity@aol.com. The survey will be open online until 5 pm CST Tuesday, January 26. ADAPT value your feedback and look forward to working with you to FREE OUR PEOPLE in 2010!
The ADAPT Community
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January 11, 2009