The National Council on Independent Living
Not Just Responding to Change, but Leading It!



1710 Rhode Island Avenue Northwest / Fifth Floor Washington, D.C. 20036
Voice: 202.207.0334 Fax: 202.207.0341 TTY: 202.207.0340 Toll Free: 877.525.3400

 

 

NCIL: Celebrating 5 Years of Independent Living

National Council on Independent Living

Weekly Advocacy Monitor

Volume 8, Issue 25 WhAM!August 23, 2010

 

1) What’s Happening in the Nation’s Capital?

First Time in the Seat: Langevin Presides over House Thanks to New Accessible Rostrum

2) National News

More Workers with Disabilities File Discrimination Claims in 2009 than Ever Before

Low-Income Minorities with Disabilities See Services Disparity

3) State News

Protest Rally Turns Violent at PA Post Office

NY Advocates Claim Transit Service Cuts Violate ADA and Disproportionately Impact Mobility-Impaired New Yorkers

Christie Signs Law Updating How NJ Refers to People with Intellectual Disabilities

4) Announcements and Additional Resources

2010 NYAIL Conference: Advancing the Promise for Justice, October 5-6

The Search Is On for “The Riot!” Reporters

 

1) What’s Happening in the Nation’s Capital?  

First Time in the Seat: Langevin Presides over House Thanks to New Accessible Rostrum

Source: Warwick Beacon, by Colby Cremins

On the 20th anniversary of the Americans with Disabilities Act (ADA), Congressman James Langevin presided over the House of Representatives for the first time. The Speaker’s rostrum on the House Floor has recently been made wheelchair accessible through a series of lifts.

“On Monday, we will celebrate another major step in continuing efforts to make the Capitol Complex accessible when I preside over the U.S. House of Representatives. This is an extremely proud moment for me and helps renew my spirit as we continue to remove barriers and strengthen the ADA for millions of Americans with disabilities in the decades to come,” Langevin said in a statement released by his office.

During a brief telephone conversation yesterday, Langevin said the development would allow future disabled congressmen to take the speaker’s rostrum, and pave the way for the first full-time disabled Speaker of the House.

“I look forward to serving as Speaker Pro-Temp on more occasions in the future,” said Langevin. “I’m excited not only for me, but for all people with disabilities that serve after me.” Read more.

 

2) National News

More Workers with Disabilities File Discrimination Claims in 2009 than Ever Before

Source: USA TODAY, by Marisol Bello

More people with disabilities filed charges of discrimination against their employers last year than at any other time in the 20-year history of the Americans with Disabilities Act. Almost 21,500 ADA-related charges were filed with the Equal Employment Opportunity Commission (EEOC) in 2009.

The main reasons for the increase: the recession and an amendment to the ADA that broadened the definition of what it means to be disabled. "With the number of people being let go ... people with disabilities are more in that direct line," says Nicholas LaRocca, a vice president of the National Multiple Sclerosis Society. He says people with disabilities may be seen as less productive, which puts them more at risk of layoffs.

Besides being fired, complaints include being overlooked for promotion, not being switched to a job that matches the person's abilities or not getting accommodations such as computer upgrades to be able to do a job.

The amendment, which took effect in 2009, undid limitations on the ADA by the Supreme Court in a series of rulings beginning in 1999, says Andrew Imparato, president of the American Association of People with Disabilities. The Supreme Court had restricted the reach of the ADA by excluding people whose disabilities were not visible or were controlled by medication, such as epilepsy or diabetes.

EEOC Commissioner Chai Feldblum, who as an attorney helped draft the ADA and the amendment, says the change in the law helps everyone. "You might not think you have a disability, but if you have a medical condition and you feel you are discriminated against based on that condition, then you are covered," she says.

Eric Peterson, manager of diversity and inclusion for the Society of Human Resource Management, says employers fear more lawsuits because of the amendment, but those suits will further define the law. "Employers shouldn't look at the numbers and think, 'Ooh, that's scary,' " he says.

The EEOC concluded 18,776 cases last year; it tossed out 60% as having no basis under its rules. It says about half the rest ended in financial settlements or an outcome favorable to the worker.

 

Low-Income Minorities with Disabilities See Services Disparity

On August 2, NPR interviewed Bobby Coward and Michel Martin about the 20th Anniversary of the ADA, particularly the work left to be done and outreach to underserved communities.

Overview: The nation commemorated the 20th anniversary of the Americans with Disabilities Act last week. But a number of Americans have yet to fully benefit from the law. Individuals living with disabilities are disproportionally poor, many of whom live in low-income urban areas that sometimes lack necessary services or physical accommodations. Host Michel Martin talks with disabled rights activist Bobby Coward and Deidre Davis, the first director of ADA services for retail giant Walmart.

You can listen to the discussion or read the transcript.

 

3) State News

Protest Rally Turns Violent at PA Post Office

Source: Kittanning Paper, by David Croyle

A rally protesting the inaccessibility at the Kittanning Post Office turned violent yesterday shortly after 3PM when several customers chose to push through the human barricade of protesters that had the post office shut down.

The seven steps from the sidewalk to the landing in front of the post office has been a target for the past four years of disability groups urging the postal service to comply with the federal Americans with Disabilities Act (ADA).

The Kittanning post office allegedly received $200,000 to renovate the structure. It included a new roof, new windows, air conditioning system, and sandblasting and re-pointing of brickwork on the outside of the building, including the steps.

Protesters arrived shortly after 1PM. Organizers Bill Tatters with the Disabilities Investigative Group (DIG) in Armstrong County and Victoria Campbell with the Three Rivers Center for Independent Living (TRCIL) in Pittsburgh went into the post office and attempted to speak with Kittanning Postmaster Dan Devey. Devey refused to come out of his office and held a conversation with them through an open doorway. He said he had talked with Campbell in the past and refused to continue a conversation or to come out to address the 30 protestors gathered in front of the post office. Read More!

 

NY Advocates Claim Transit Service Cuts Violate ADA and Disproportionately Impact Mobility-Impaired New Yorkers

Source: PRNewswire-USNewswire

Today, plaintiffs RueZalia Watkins, Anthony Trocchia, and Clara Reiss, all people who are unable to travel long distances on their own or make use of the subway system because of their mobility impairments, along with Disabled In Action of Metropolitan New York and The Brooklyn Center for the Independence of the Disabled Inc., both non-profit agencies that advocate on behalf of disabled New Yorkers, filed suit against the Metropolitan Transit Authority (MTA) and New York City Transit (NYCT). They are challenging cuts to the City's bus system and its complementary paratransit system that leave them without public transportation service comparable to that provided to non-disabled people, in violation of their rights under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.  The plaintiffs are represented by South Brooklyn Legal Services (SBLS) (a program of Legal Services NYC), the New York Legal Assistance Group (NYLAG) and Emery, Celli, Brinckerhoff and Abady.  Plaintiffs seek a permanent injunction reversing the MTA and NYCT service cuts and restoring paratransit services. Read More.

 

Christie Signs Law Updating How NJ Refers to People with Intellectual Disabilities

Source: NorthJersey.com

The words "retardation'' or "feeble-minded" will be replaced by “intellectual disability” or “developmental disability” in all state laws and regulations, under a bill Governor Christie signed into law Monday afternoon. Dozens of people with disabilities and advocacy group leaders gathered at the State House in Trenton to witness the bill signing and reflect on their five-year campaign to rid the "R-word" from the state law books.

Human Services Commissioner Jennifer Velez praised the activists for the hard work, which included holding a rally at Rutgers University earlier this year.  "This is a message about advocacy,'' Velez said.”Advocacy works.''

Christie said he regretted people had to wait so long to get the bill passed, and said he was proud to have signed the law.  "This is making sure each citizen in our state is treated with the respect they deserve...It's their government, too,'' he said.

Mental retardation was a medical diagnostic term, but more than 20 years ago, the society took it and made it "derogatory,'' said Tom Baffuto, executive director of the Arc of New Jersey, which was founded as the Association for Retarded Citizens until people complained and the nonprofit changed its name.

"This has been a long time coming,'' said David Tag, a long-time activist on disability issues, including this bill, (S-1982).”We needed this law. This law will change everything.''

"Words matter - it's that simple,'' said Senate President Stephen Sweeney (D-Gloucester), one of the bill's sponsors and the father of a daughter with a developmental disability.”We have a community of productive, hard-working citizens... The R word should mean respect.''


4) Announcements and Additional Resources

2010 NYAIL Conference: Advancing the Promise for Justice, October 5-6

More than 250 people with disabilities and older New Yorkers will be taking action for independence at NYAIL's 2010 Statewide Conference on October 5th and 6th in Troy, NY.  Keynote speakers include Philadelphia-based disability rights attorney, Steve Gold, Thomas E. Perez, assistant attorney general for the US Department of Justice Civil Rights Division (invited), and Ari Ne'eman, President of the Autistic Self Advocacy Network and member of the National Council on Disability.  More than 30 concurrent workshops will be available.  For more information, visit http://events.ilny.org/.

 

The Search Is On for “The Riot!” Reporters

Are you a self-advocate? Do you love to read The Riot? Now for the BIG question: Do you want to write for The Riot and get paid to do it? That’s right! You can get paid to be a Riot Reporter!

Want more details? Here you go!

  • You write an article for The Riot. It needs to be about 150-200 words long.

  • Send your article to us. If we accept it to be published, we will pay you $25.

  • Articles should be written by people with a developmental disability. It is ok to use a support person to help type and submit your submission for you.

  • Articles should be typed or handwritten as neatly as possible.

  • All articles must have your name, address, phone number and email address listed on the top of the first page.

  • If your article is selected to be printed in one our Riot issues, we will notify you ahead of time by mail or email.

Ideas to get you going…

  • Self-Advocacy
  • Dating
  • Health and You
  • Make Us Laugh
  • Things You Like!

To Submit Your Article, email: theriot@hsri.org, or mail Attn: Jennifer Negus / Riot Article Submissions / 7690 SW Mohawk St / Tualatin, OR 97062

 

 

Contact the Editor: Eleanor@ncil.org

To advertise in the Weekly Advocacy Monitor, contact the Editor.

 
© Copyright 2000 - 2007 • National Council on Independent Living

Site Map | Contact Us | Home