1) What’s Happening in the Nation’s Capital?
NCIL Marchers Mark 20 Years of Disabilities Act
FEMA Administrator Fugate and NCIL Sign Memorandum of Agreement
White House ADA Celebration Live with Captioning Today at 5:30 pm EST
2) National News
Urgent: Action Needed Before Friday, July 30; Stop Home Care Cuts in Your State!
DOJ Announces Plans to Prepare New ADA Regulations
Assistant Attorney General for the Civil Rights Division Thomas Perez Delivers Barnburner at the 2010 NCIL Annual Conference
3) State News
DOJ Files Briefs in CA and IL Supporting the Olmstead Decision
4) Announcements and Additional Resources
My Generation: Youth, the ADA, and Art Creative Medium Contest
NCIL Marchers Mark 20 Years of Disabilities Act
Source: ABC Channel 7 News
Editor’s Note: This story does not make use of people first language and the video is so far uncaptioned, but contains some awesome footage of this year’s March to the Capitol and interviews with some of the NCIL Members who made it a success! More updates from the 2010 Conference will be reported in next week's edition of the Weekly Advocacy Monitor.
It's been 20 years since the Americans with Disabilities Act became law. But supporters say their fight for inclusion is far from over. Hundreds marched to Capitol Hill Tuesday, marking the strides that have been made in 20 years.
"Bathrooms are different, there's curb cuts on every street, elevators in a lot of buildings that didn't have'm before, lots of ramps," explained Kelly Buckland from the National Council on Independent Living.
But, they say, their fight is not yet won. "We still have a long way to go," said DC resident Amber Keohane.
A big concern remains debt-ridden states that are cutting community services, forcing more disabled into nursing homes. "It costs more to be in a nursing home than it is to live in your own home with assistance," said Leigh Anne Heath, a Galax, Virginia, resident.
People with disabilities remain only half as likely to find a job as those without. "We tend to be loyal and stay with them, in part because it is difficult to find jobs, and because we want to work," said Kimball Gray, a Silver Spring resident.
Hanging at convention headquarters -- The Grand Hyatt -- a huge artistic flag, with each feather and stick holding a photo and story of a disabled American. Read more and watch the footage (uncaptioned).
FEMA Administrator Fugate and NCIL Sign Memorandum of Agreement
Federal Emergency Management Agency (FEMA) Administrator Craig Fugate met July 19 with officials from the National Council on Independent Living (NCIL) at their annual conference to discuss ways that FEMA, NCIL, and state, local and private sector partners can ensure emergency management is inclusive of the community as a whole, including people with disabilities. FEMA and NCIL signed a Memorandum of Agreement (MOA) to coordinate public engagement efforts on preparedness, response, and recovery.
"As we approach the twentieth anniversary of the Americans with Disabilities Act, it's important to remember that while we've come a long way, there's still work to be done," said Fugate. "We will never be truly prepared and resilient as a country if we only plan for the easy parts of the population. FEMA is committed to working with state and local officials - and the general public - to ensure planning for emergencies includes the community as a whole."
The Americans with Disabilities Act was signed into law on July 26, 1990, and FEMA is planning a number of events this month to commemorate the 20th anniversary. On July 13, FEMA Deputy Administrator Rich Serino traveled to the University of Massachusetts Boston for a conference on accommodating people with disabilities and the elderly during disaster response and recovery.
FEMA works regularly with state and local officials and has a number of initiatives to ensure people with disabilities are integrated into all levels of disaster planning. NCIL is a member organization that works to advance independent living and supports the interests of people with disabilities.
Agreement Between The Federal Emergency Management Agency and the National Council on Independent Living for Access to a Disaster Recovery Center (DRC) to Offer Disaster Assistance Services (PDF 432KB, TXT 5KB).
White House ADA Celebration Live with Captioning Today at 5:30 pm EST
Source: The White House
Today’s ADA celebration, which begins at 5:30 p.m. Eastern time, will be streamed live at www.whitehouse.gov/live. Please log in and share in the celebration.
The live stream, barring any technical difficulties, will have available captioning either as picture in picture or another technical setup.
On Monday, July 26, President Obama will hold an event at the White House to commemorate the 20th Anniversary of the Americans with Disabilities Act. The President is expected to deliver remarks at the event. Invited guests include Cabinet officials, Members of Congress, grassroots leaders and Americans living with disabilities. The President's remarks will be open press.
The event will include performances by Nathaniel Anthony Ayers, Patti LaBelle and Marlee Matlin, and remarks by Marca Bristo, President of Access Living, White House Senior Advisor Valerie Jarrett and Director of the White House Domestic Policy Council Melody Barnes. Robert David Hall will introduce the President.
Urgent: Action Needed Before Friday, July 30; Stop Home Care Cuts in Your State!
Source: The ADAPT Community
Call key Senate Republicans to wish them a happy ADA anniversary… and ask them to help defend our freedom!
Today is the 20th anniversary of the Americans with Disabilities Act but are you satisfied with your state's home services? Right now, Congress is holding onto millions of dollars that pay for our in-home services by not extending the Federal Medical Assistance Percentages (FMAP).
Take control of your home services! Tell Congress to act now and extend more Medicaid funding until June 30, 2011 for people with disabilities across the nation! Call like your freedom depends on it, because it does.
Call these key Republicans:
- Senator Mitch McConnell: (202) 224-2541
- Senator Olympia Snowe: (202) 224-5344 or Toll Free: (800) 432-1599
- Senator Ben Nelson: (202) 224-6551
- Senator Susan Collins: (202) 224-2523
Background on FMAP:
Federal Medical Assistance Percentages (FMAP) are the percentage rates used to determine the Federal matching funds rate allocated annually to certain state level medical and social service programs. The current rate has a temporary increase due to funds from the stimulus act. We would like to see this increased rate continue through June 30, 2011.
The Senate has failed so far this year to pass legislation that extends the payout of FMAP funds according to the current levels. Many states have already created FY11 budgets that include expected FMAP payments at the current level. These payments are significant. For example, Illinois expects $750 million in FMAP payments while Pennsylvania awaits $850 million. Michigan may lose $560 million. California will lose $2.5 billion. (Search Google News for FMAP and your state to see the latest news stories.)
Several Governors have already jointly and individually spoken publicly to Congress about the need for an FMAP extension. Many of these governors are from states experiencing state budget crises. Without FMAP payments, people with disabilities and others who rely on Medicaid services will see many of those services greatly reduced or simply disappear.
The latest effort to pass an FMAP extension was in the form of language added to the unemployment benefits extension bill. However, in order to pass the bill, the Senate had to cut the FMAP extension part. The reason for this, as far as we know, is due to Republican opposition to an FMAP extension. Those opposing an FMAP extension say that they don’t know from where the money will come. The folks supporting an FMAP extension say that community-based services are cheaper and more cost effective than institutionalization. Also, if FMAP is not extended, states will fall into even greater economic turmoil. The human cost due to lost services is of course immeasurable.
Time is of the essence in passing an FMAP extension as the Senate is due to recess around August 9. Congress does not technically need to pass anything until December, but state FY 11 budgets obviously go into effect well before then. The uncertainty is stalling budget approvals across the country.
DOJ Announces Plans to Prepare New ADA Regulations
The Justice Department announced today that it will publish four new Americans with Disabilities Act (ADA) proposals addressing the accessibility of websites, the provision of captioning and video description in movies shown in theaters, accessible equipment and furniture, and the ability of 9-1-1 centers to take text and video calls from individuals with disabilities. The proposals are in the form of advance notices of proposed rulemaking, or ANPRMs, which provide information on these ADA issues and ask questions seeking comments and information from the public. The four ANPRMs will be published in the Federal Register on July 26, 2010.
"We are working hard to ensure that the ADA keeps up with technological advances that were unimaginable 20 years ago," said Attorney General Holder. "Just as these quantum leaps can help all of us, they can also set us back – if regulations are not updated or compliance codes become too confusing to implement. To avoid this, the Department will soon publish four advanced notices of proposed rulemaking regarding accessibility requirements for websites, movies, equipment and furniture, and 9-1-1 call-taking technologies." Read More.
Assistant Attorney General for the Civil Rights Division Thomas Perez Delivers Barnburner at the 2010 NCIL Annual Conference
Source: MainJustice.com, by Channing Turner
The Americans With Disabilities Act now has 20 years under its belt, but Assistant Attorney General for the Civil Rights Division Thomas Perez said the Justice Department “has a long way to go” in enforcing individuals’ right to equal access.
Perez spoke Monday before the National Council on Independent Living, a grassroots organization that advocates for disability rights. He highlighted the department’s prosecution of ADA violations and reaffirmed its commitment to enforcing the Supreme Court’s decision in Olmstead v. L.C. — a 1999 decision holding that individuals with disabilities have the right to live in their communities.
Many of his comments echoed previous remarks he made before the Senate Health, Education, Labor and Pensions Committee last month. “The ADA has both literally and figuratively opened millions of doors for individuals with disabilities across this nation,” Perez said. “Just as importantly, it has revolutionized the way the rest of society thinks about individuals with disabilities, and it has revolutionized the way that people with disabilities live in our communities.”
He also praised the recently enacted health care law, saying it will give millions of Americans with disabilities access to coverage previously denied because of restrictions on pre-existing conditions.
However, Perez said he believes the importance of civil rights enforcement of cases involving inaccessibility and non-compliance with the ADA has not lessened. “The progress made in 20 years is remarkable,” he said. “But in the Civil Rights Division, we are celebrating this anniversary by turning our attention to the next 20 years so that we can continue to create a nation where every individual has access to equal opportunity and equal justice.”
Read Perez’s full statement.
DOJ Files Briefs in CA and IL Supporting the Olmstead Decision
The Justice Department today announced it has filed briefs in cases in California and Illinois as part of its continuing effort to enforce civil rights laws that require states to end discrimination against and unnecessary segregation of persons with disabilities. The briefs were filed as the department prepares to celebrate the 20th Anniversary of the enactment of the Americans with Disabilities Act (ADA) on July 26, 2010.
The briefs allege that public entities in both California and Illinois administer their health care systems for Medicaid-eligible individuals in a manner that violates the ADA and the Supreme Court’s decision in Olmstead v. L.C. The Olmstead ruling requires states to eliminate unnecessary institutionalization of individuals with disabilities and provide those individuals with services in the most integrated setting appropriate. The department’s briefs follow a series of recent filings in Florida, Illinois, New Jersey, New York, Georgia and Arkansas that demonstrate the administration’s increased enforcement efforts following President Obama’s proclamation of the “Year of Community Living.”
“Unnecessary institutionalization deprives individuals of the opportunity to live their lives as they choose. We are working tirelessly to end the unjustified institutionalization of individuals with disabilities,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The department is committed to ensuring that community-based services are provided to enable individuals with disabilities to live fully integrated lives in their communities.” Read More.
My Generation: Youth, the ADA, and Art Creative Medium Contest
To celebrate the 20th Anniversary of the Americans with Disabilities Act, Lacy Pittman has envisioned a competition sponsored by the HSC Foundation called My Generation: Youth, the ADA, and Art, which invites young individuals with disabilities ages 16 to 24 to interpret their thoughts about the Americans with Disabilities Act through a creative medium. Eligible entries include paintings, videos (3 minute maximum), posters (hand drawn or digital), works of literature (4 pages, 2000 words max, double spaced, 12 size Arial font), or drawings that illustrate the historical and societal impact of the ADA.
My Generation: Youth, the ADA, and Art contest is now accepting submissions (from now until July 31st). If you are, or know, a young person with a disability between the ages of 16 - 24 who would like to submit a creative medium about the Americans with Disabilities Act (ADA) and its impact on your/their life, please see www.hscfoundation.org/mygenerationcontest.php for more information.
The winner will receive a cash prize of $500, distribution of their creative medium, and an all expense paid trip to the Association of Programs for Rural Independent Living's (A.P.R.I.L.) annual conference in October 2010.
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July 26, 2010