2010 DISABILITY PRIORITY AGENDA
The New York Association on Independent Living (NYAIL) is dedicated to
removing barriers to the full community integration of people with disabilities of all
ages. NYAIL represents Independent Living Centers and the people with
disabilities they serve. Independent Living Centers (ILCs) are controlled and
primarily staffed by people with disabilities, and provide a variety of communitybased
services, such as peer counseling, independent living skills training, and
assistance with obtaining housing, education, employment, and other necessary
services that empower people with disabilities to live independent, fully integrated
lives in their communities. We propose the following priorities to address barriers
to community living and ensure the civil rights of people with disabilities are
protected.
PUBLIC POLICY PRIORITIES
1. HOUSING
a. Incorporate the housing provisions of Section 504 of the Rehabilitation Act
into State law. A.7851 (Titus)
Housing developers often fail to comply with Section 504’s requirement to set
aside a certain percentage of accessible units for people with disabilities when
federal dollars are used for construction. By including these requirements in
State law, the Department of Housing and Community Renewal (DHCR) will be
fully empowered to enforce these requirements and ensure that the State is in
compliance with federal standards.
b. Establish standards for “visitability” in State law to require all newly
constructed single-family houses, townhouses and ground-floor units of
duplexes and triplexes built with public funds to be made accessible. A.
9409 (Millman) and S.1499 (DeFrancisco)
“Visitability” is a movement to change home construction practices so that new
homes offer a few specific features that make the home easier for people with
mobility impairments to live in and visit. The spirit of “visitability” is the belief that
it is unacceptable that new homes continue to be built with gross barriers, given
the ease of building basic access into the majority of new homes and the harsh
effects major barriers have on people’s lives, including physically unsafe
conditions, social isolation, and unwanted institutionalization.
c. Make discrimination by landlords based on a tenant’s source of income
illegal under State Human Rights Law.
Landlords often reject tenants with rental subsidies, such as Section 8 and
subsidies tied to the Nursing Facility Transition and Diversion and Traumatic
Brain Injury Medicaid Waivers. Many people with disabilities rely on those
subsidies and other assistance programs to live independently in the community.
Discrimination based on source of income is illegal in New York City. The
legislature should make source of income discrimination illegal throughout New
York State.
2. CIVIL RIGHTS
Incorporate Title II of ADA into NYS Human Rights Law. A.781-B (Paulin)
and S.5396 (Huntley) – Veto message # 61
Waive the State’s sovereign immunity to claims under the ADA and
Section 504. A.3651 (Lifton) and S.2833 (Krueger)
The Americans with Disabilities Act (ADA) of 1990 and Section 504 of the
Rehabilitation Act of 1973 each provide comprehensive protection for the civil
rights of people with disabilities under federal law. Under the 1999 US Supreme
Court Olmstead decision, people with disabilities are entitled to receive the
services and supports they need to live in the community and avoid unwanted
placement in nursing facilities and other institutions. Title II of the ADA provides
protections against discrimination on the basis of disability in services provided
by public entities, including State and local governments. This bill was
unanimously passed by the State legislature during the 2009 session, but
vetoed by Governor Paterson. This bill would clarify the scope of protections
against discrimination by these entities, including in the provision of services,
programs and activities. Public entities would be required to make reasonable
accommodations and individuals with disabilities would gain critical access to the
administrative enforcement mechanisms through the State Division of Human
Rights. To date, more than 30 other states have incorporated Title II into State
law, and none have reported any increased costs as a result. It is also essential
that the State’s immunity to suit under the ADA and Section 504 is waived.
3. ELECTION REFORM
a. Eliminate provisions in Section 4-104 (1-a) of State Election Law allowing
waiver of polling place accessibility requirements. Require polling places
to comply with ADA accessibility guidelines and ensure access surveys
are conducted at all polling places. Require election workers to receive
mandatory training in disability etiquette and use of Ballot Marking Devices
(BMD). S.1058 (Addabbo) and A. 584 (Cahill) - Veto message # 60
This bill was unanimously passed by the State legislature during the 2009
session, but vetoed by Governor Paterson. Eliminating waivers for
inaccessible polling places does not require expensive construction, contracting
and competitive bidding; it only requires identifying other sites to take the place of
inaccessible ones. This is a no or low-cost solution that can be implemented
anywhere in the State. According to the NYSBOE, there is approximately $5
million currently available for accessibility modifications to polling sites, which
includes prior accumulated State funding as well as federal funds. These funds
can ONLY be used for this purpose. People with disabilities must be afforded the
basic right as citizens to vote along with their families, friends, and neighbors and
barriers to this right that remain in State Election Law must be removed.
4. MENTAL HEALTH
Amend State Social Services Law Section 384-b to eliminate subdivisions
(4)(c) and (6)(a-e), which permit termination of parental rights on the basis
of mental illness or mental retardation. S. 2835 (Huntley) and A.6668
(Rivera)
Parents with psychiatric and intellectual disabilities are vulnerable to the loss of
custody and termination of their parental rights because of a long-standing bias
in State law. Since 1976, State Social Services Law has included as grounds for
the termination of parental rights, the inability “by reason of mental illness or
mental retardation, to provide proper and adequate care…” of a child. The use of
these disability-related grounds for termination promotes the discriminatory belief
that parents with such disabilities are unable to care for their children and creates
a presumption that these parents are unfit. The safety of children is adequately
protected, however, by other provisions of SSL 384-b allowing termination based
on a parent’s behavior rather than their disability.
5. TRANSPORTATION
Cap fares for paratransit transportation at levels no higher than the base
fares for transportation of non-disabled adults utilizing the transit system.
S. 2933 (Duane) and A. 6489 (Kellner)
Require transportation service providers, such as taxis, limousines and
shuttle services, to purchase accessible vehicles. A.5549 (Titus)
Title II of the Americans with Disabilities Act (ADA) prohibits discrimination
against people with disabilities in the provision of transportation services. The
limited availability of accessible transportation services is a major barrier faced
by individuals with disabilities throughout the State, often leading to
unemployment, the inability to access medical care, and isolation from friends,
family, and full community participation. Many people with disabilities rely heavily
on the provision of paratransit services; however MTA budget strains have led to
an increase in cost for such services. The paratransit bill would prohibit such
fare hikes under the premise that authorization of transit fares for people with
disabilities at a level higher than those for non-disabled citizens is discriminatory.
*****************************************
For further information, please contact:
Melanie Shaw, J.D.
Executive Director
New York Association on Independent Living
99 Washington Ave., Suite 806A
Albany, NY 12210
Ph. 518.465.4650
Email mshaw@ilny.orgor
Or
Charlie Reichardt
Systems Advocate
Catskill Center for Independence
PO Box 1247
Oneonta NY 13820
Ph. 607-432-8000
Email creichardt@ccfi.us
Tuesday, January 26, 2010
Wednesday, January 13, 2010
Save the New York State Systems Advocacy Network (SSAN)
Hello readers and SSAN volunteers.
This is extremely important, so please continue reading.
With budget cuts to critical programs threatened from all directions, now more than ever, the disability community desperately needs the Statewide Systems
Advocacy Network (SSAN)! Last year, when the State threatened to cut SSI payments, the SSAN alerted us all to the danger and collaborated with other groups
to put a stop to it. When home care was on the chopping block, the SSAN stood between consumer-directed personal assistance and the budget ax, spreading
the word so that policy makers heard from us before it was too late.
Now the SSAN may be at risk of being cut or reduced. The Statewide Plan for Independent Living (SPIL) for 2011-2013 is being decided, and some governmental
officials think that the SSAN is not a priority. Fortunately, the Statewide Independent Living Council (SILC) has co-signing authority with the State
on the Plan, but they are going to need our help. The SILC needs to hear from disability advocates across the State that the SSAN must be preserved in
full force, or we will not have the strength we need to raise our collective voices on the issues that are central to our lives. I am urging you to provide comments on the importance of the Statewide Systems Advocacy Network (SSAN) of which you are a part and how the SSAN has positively affected your life and the lives of persons with disabilities. Your positive comments are needed and are vital to the continuation of the SSAN program.
If you would like to provide feedback about any aspect related to the Statewide Systems Advocacy Network (SSAN), you need to respond by the end of business on Monday, January 25, 2010. The preferred method of response is electronic format; please email your comments to:
bradw@nysilc.org
Below is a copy of my own personal testimony, which you may use as a guide in helping to prepare your own.
Dear Brad:
On behalf of the Catskill Center for Independence, I thank you for the opportunity to provide input on the importance of including funding for the SSAN in the 2011 – 2013 State Plan for Independent Living. Please do not hesitate to contact me for further information or feedback.
As you know, we at the Catskill Center for Independence assists individuals with disabilities in the achievement of independence in everyday life. The Center provides a variety of services, which ensure that its consumers have ready access to up to date, accurate information and viable options for obtaining services which best serve their individual needs. The Center also provides information and assistance to friends and family members of individuals with disabilities, employers, landlords, other agencies and members of the private and business sectors of the community in the development of a barrier-free environment.
We provide these services while maintaining and promoting the Independent Living Philosophy and serve Delaware, Otsego, Chenango and Schoharie Counties. Services are provided to all individuals without regard to race, color, creed, sex, national origin, age or nature of disability in accordance with all local, state, and federal regulations and laws.
We as an independent living center through the Statewide Systems Advocacy Network (SSAN) inform our legislators at the local, State and Federal levels of issues of importance to people with disabilities and as such, how these concerns should be incorporated in the development of legislation and the implementation of policy which serves us all. As a result, many legislative changes have occurred, which have benefited persons with disabilities by helping to increase their independence and integration in our society. We also through various educational and outreach programs help inform our consumers of the various legislative processes and how they can make changes in their lives through the voting process and through other communications vehicles such as responding to action alerts, writing letters and making telephone calls to our legislators.
I believe, we have all proven, that the best way to promote coordinated and effective systems advocacy that addresses the needs of people with disabilities throughout New York State is to use Title VII, Part B funds and allow the continued functioning and possible expansion of the existing Statewide Systems Advocacy Network (SSAN) that has been in place and operating across New York for the past several years. Since its inception, the SSAN has grown to become an increasingly effective network of educated and dedicated disability advocates, who have had a significant affect on the development of disability related law and its benefits to the disability community.
Participation in the SSAN has provided tremendous value to the Catskill Center for Independence, as well as to our staff, our consumers, and our community as a whole. In coordination with the SSAN, CCFI has developed a reputable systems advocacy program in the community that currently comprises more than 150 active local volunteer disability advocates.
Our center continues to not only meet, but also exceed the requirements of the SSAN contract in all points. We continue to develop relationships with our local and State legislators, inform our consumers, legislators and other members of our community through our newsletter The Legislative Lookout, our blog at SSAN-network.blogspot.com and through other presentation and educational vehicles.
We at the Catskill Center for Independence strongly urge you to consider how effective the SSAN has become in mobilizing such a large number of disability advocates from across the state to act on pressing disability issues. In fact, CCFI recommends that the SPIL include an increase in funding for the SSAN program for the next three year cycle. The increase in funds should provide for an increase of SSAN Centers and for each Center to receive additional funds to further expand its SSAN activities.
Increased funding levels for SSAN would have an exponential impact to the outcomes that could be achieved across the state. Not only would there be a increase in number of potential disability advocates that are trained, mobilized and ready to act on advocacy initiatives, but participating Centers would have a more realistic level of resources available to pay for staff and for travel expenses that are often tied to any effective advocacy efforts.
Continuing to develop our local SSAN network would help assure the true integration and full inclusion of individuals with disabilities into the mainstream of society. The SSAN is only as strong as the access that its participants have to our public policymakers.
Respectfully Submitted:
Charles M. Reichardt
Systems Advocate
Catskill Center for Independence
This is extremely important, so please continue reading.
With budget cuts to critical programs threatened from all directions, now more than ever, the disability community desperately needs the Statewide Systems
Advocacy Network (SSAN)! Last year, when the State threatened to cut SSI payments, the SSAN alerted us all to the danger and collaborated with other groups
to put a stop to it. When home care was on the chopping block, the SSAN stood between consumer-directed personal assistance and the budget ax, spreading
the word so that policy makers heard from us before it was too late.
Now the SSAN may be at risk of being cut or reduced. The Statewide Plan for Independent Living (SPIL) for 2011-2013 is being decided, and some governmental
officials think that the SSAN is not a priority. Fortunately, the Statewide Independent Living Council (SILC) has co-signing authority with the State
on the Plan, but they are going to need our help. The SILC needs to hear from disability advocates across the State that the SSAN must be preserved in
full force, or we will not have the strength we need to raise our collective voices on the issues that are central to our lives. I am urging you to provide comments on the importance of the Statewide Systems Advocacy Network (SSAN) of which you are a part and how the SSAN has positively affected your life and the lives of persons with disabilities. Your positive comments are needed and are vital to the continuation of the SSAN program.
If you would like to provide feedback about any aspect related to the Statewide Systems Advocacy Network (SSAN), you need to respond by the end of business on Monday, January 25, 2010. The preferred method of response is electronic format; please email your comments to:
bradw@nysilc.org
Below is a copy of my own personal testimony, which you may use as a guide in helping to prepare your own.
Dear Brad:
On behalf of the Catskill Center for Independence, I thank you for the opportunity to provide input on the importance of including funding for the SSAN in the 2011 – 2013 State Plan for Independent Living. Please do not hesitate to contact me for further information or feedback.
As you know, we at the Catskill Center for Independence assists individuals with disabilities in the achievement of independence in everyday life. The Center provides a variety of services, which ensure that its consumers have ready access to up to date, accurate information and viable options for obtaining services which best serve their individual needs. The Center also provides information and assistance to friends and family members of individuals with disabilities, employers, landlords, other agencies and members of the private and business sectors of the community in the development of a barrier-free environment.
We provide these services while maintaining and promoting the Independent Living Philosophy and serve Delaware, Otsego, Chenango and Schoharie Counties. Services are provided to all individuals without regard to race, color, creed, sex, national origin, age or nature of disability in accordance with all local, state, and federal regulations and laws.
We as an independent living center through the Statewide Systems Advocacy Network (SSAN) inform our legislators at the local, State and Federal levels of issues of importance to people with disabilities and as such, how these concerns should be incorporated in the development of legislation and the implementation of policy which serves us all. As a result, many legislative changes have occurred, which have benefited persons with disabilities by helping to increase their independence and integration in our society. We also through various educational and outreach programs help inform our consumers of the various legislative processes and how they can make changes in their lives through the voting process and through other communications vehicles such as responding to action alerts, writing letters and making telephone calls to our legislators.
I believe, we have all proven, that the best way to promote coordinated and effective systems advocacy that addresses the needs of people with disabilities throughout New York State is to use Title VII, Part B funds and allow the continued functioning and possible expansion of the existing Statewide Systems Advocacy Network (SSAN) that has been in place and operating across New York for the past several years. Since its inception, the SSAN has grown to become an increasingly effective network of educated and dedicated disability advocates, who have had a significant affect on the development of disability related law and its benefits to the disability community.
Participation in the SSAN has provided tremendous value to the Catskill Center for Independence, as well as to our staff, our consumers, and our community as a whole. In coordination with the SSAN, CCFI has developed a reputable systems advocacy program in the community that currently comprises more than 150 active local volunteer disability advocates.
Our center continues to not only meet, but also exceed the requirements of the SSAN contract in all points. We continue to develop relationships with our local and State legislators, inform our consumers, legislators and other members of our community through our newsletter The Legislative Lookout, our blog at SSAN-network.blogspot.com and through other presentation and educational vehicles.
We at the Catskill Center for Independence strongly urge you to consider how effective the SSAN has become in mobilizing such a large number of disability advocates from across the state to act on pressing disability issues. In fact, CCFI recommends that the SPIL include an increase in funding for the SSAN program for the next three year cycle. The increase in funds should provide for an increase of SSAN Centers and for each Center to receive additional funds to further expand its SSAN activities.
Increased funding levels for SSAN would have an exponential impact to the outcomes that could be achieved across the state. Not only would there be a increase in number of potential disability advocates that are trained, mobilized and ready to act on advocacy initiatives, but participating Centers would have a more realistic level of resources available to pay for staff and for travel expenses that are often tied to any effective advocacy efforts.
Continuing to develop our local SSAN network would help assure the true integration and full inclusion of individuals with disabilities into the mainstream of society. The SSAN is only as strong as the access that its participants have to our public policymakers.
Respectfully Submitted:
Charles M. Reichardt
Systems Advocate
Catskill Center for Independence
Tuesday, December 8, 2009
No Cuts for Independent Living Centers
I wanted to let you know that through the efforts of many ILC's and in particular the SSAN, there will be no cut to ILC funding in the budget agreement just passed. The SSI cut was also stopped. Your willingness to come to Albany, go to your local legislators' offices, and to get your volunteers to make calls and send emails made the difference.
Unfortunately, many other services provided by ILCs and/or used by people with disabilities were cut, including OMRDD and OMH funded services.
The fight that will start in January over next year's budget will be much harder, and we know we can count on your efforts to fight cuts once again. Thanks as always for your hard work.
Unfortunately, many other services provided by ILCs and/or used by people with disabilities were cut, including OMRDD and OMH funded services.
The fight that will start in January over next year's budget will be much harder, and we know we can count on your efforts to fight cuts once again. Thanks as always for your hard work.
Governor Paterson and the New York State Budget CrisisIn late November of last year, the Legislature concluded an Extraordinary Session convened by Go
In late November of last year, the Legislature concluded an Extraordinary Session convened by Governor Paterson to address New York State’s worsening fiscal crisis. According to the Governor, although historic reforms were achieved, which makes government more accountable to taxpayers, the Legislature failed to adequately address this crisis.One of the achievements was the most important reform to our State’s pension system in more than 25 years, creating a new “Tier 5” that will substantially reduce the cost of government for the long-term. Thanks to this legislation, New York finally has a rational pension system that provides a secure retirement for hardworking public employees, while controlling costs for property taxpayers.In addition, landmark reform of our State’s public authorities was enacted. Public authorities are critical to promoting economic development, but for too long they have operated without sufficient transparency. The new law provides the tools needed to root out any waste, fraud or abuse in the system and to reduce costs.The objective of these measures is simple: cuts costs and provide tax relief. Unfortunately, (according to the Governor), the deficit reduction plan passed by the Legislature does not fully address the current-year budget deficit, nor does it solve the severe cash-flow crunch, or address our long-term structural imbalance. If the Legislature will not do what is necessary, Governor Paterson claims, that he will continue to take the difficult actions that are needed to restore our State’s fiscal integrity. This (in my opinion) can only mean that more cuts are on the way.
Monday, October 19, 2009
Changes in Social Security for 2010:
Changes for Social Security for 2010:
Monthly Social Security and Supplemental Security Income (SSI) benefits will not automatically increase in 2010 as there was no increase in the Consumer
Price Index (CPI-W) from the third quarter of 2008 to the third quarter of 2009.
SSDI: SGA (Non-blind) will be $1000.
SGA (Blind) will be $1640 - No change due to no COLA (See above).
TWP will be $720/month.
For changes go to:
http://www.socialsecurity.gov/pressoffice/factsheets/colafacts2010.htm
Monthly Social Security and Supplemental Security Income (SSI) benefits will not automatically increase in 2010 as there was no increase in the Consumer
Price Index (CPI-W) from the third quarter of 2008 to the third quarter of 2009.
SSDI: SGA (Non-blind) will be $1000.
SGA (Blind) will be $1640 - No change due to no COLA (See above).
TWP will be $720/month.
For changes go to:
http://www.socialsecurity.gov/pressoffice/factsheets/colafacts2010.htm
Obama looks to increase hiring of disabled workers
By Alex M. Parker
aparker@govexec.com
October 9, 2009
The White House and the Office of Personnel Management this week announced hiring initiatives aimed at halting a decline in the representation of disabled
employees in the federal workforce.
President Obama earlier this week said he hoped the government could become a model for other employers.
"Across this country, millions of people with disabilities are working or want to work, and they should have access to the support and services they need
to succeed," Obama said in a statement. "As the nation's largest employer, the federal government and its contractors can lead the way by implementing
effective employment policies and practices that increase opportunities and help workers achieve their full potential."
The White House and the Office of Personnel Management announced they would hold a daylong, governmentwide job fair targeted at people with disabilities,
and would offer federal hiring managers online seminars on attracting and retaining disabled workers.
Obama is not the first president to use the federal government to promote workforce diversity. In 2000, President George W. Bush signed an order calling
for the government to hire 100,000 people with disabilities within the next five years. Despite that order, representation of disabled workers decreased
steadily. The percentage of federal employees with targeted disabilities such as blindness or deafness fell from 1.12 percent in fiscal 1999 to 0.88 percent
in fiscal 2008, according to an
annual report
from the Equal Employment Opportunity Commission.
In fiscal 2008 the Commerce, Transportation and Treasury departments were the only Cabinet-level agencies that experienced an increase in representation
of disabled employees. And only four agencies with more than 500 employees exceeded the government's goal of participation rates higher than 2 percent.
EEOC had the highest participation of employees with targeted disabilities, at nearly 3 percent.
Christine Griffin, acting vice chair of the commission, attributed EEOC's success to attention from top officials. "I think there's been a commitment from
people in leadership positions that this is important to us," she said.
Griffin said Obama's announcement was the first step toward a renewed focus on hiring the disabled. "Ultimately, it doesn't matter what package the person
comes in," Griffin said. "If you've got the skills and qualifications that they need, that's what they want."
As part of the initiative, the White House and OPM will work with the Labor Department's Office of Disability Employment Policy to raise awareness of a
hiring authority that allows agencies to recruit disabled workers noncompetitively under Schedule A, subject to a two-year probationary period. According
to a
March report
from the National Council on Disability, agencies don't use the Schedule A hiring authority enough. Only 326 of the 1,298 people with disabilities who
joined government in fiscal 2006 were hired using Schedule A, the report said.
OPM will hold online training sessions to educate hiring managers on the Schedule A authority beginning in November. "This should be a core objective of
the federal government because it works," said John Berry, director of OPM, in a statement.
aparker@govexec.com
October 9, 2009
The White House and the Office of Personnel Management this week announced hiring initiatives aimed at halting a decline in the representation of disabled
employees in the federal workforce.
President Obama earlier this week said he hoped the government could become a model for other employers.
"Across this country, millions of people with disabilities are working or want to work, and they should have access to the support and services they need
to succeed," Obama said in a statement. "As the nation's largest employer, the federal government and its contractors can lead the way by implementing
effective employment policies and practices that increase opportunities and help workers achieve their full potential."
The White House and the Office of Personnel Management announced they would hold a daylong, governmentwide job fair targeted at people with disabilities,
and would offer federal hiring managers online seminars on attracting and retaining disabled workers.
Obama is not the first president to use the federal government to promote workforce diversity. In 2000, President George W. Bush signed an order calling
for the government to hire 100,000 people with disabilities within the next five years. Despite that order, representation of disabled workers decreased
steadily. The percentage of federal employees with targeted disabilities such as blindness or deafness fell from 1.12 percent in fiscal 1999 to 0.88 percent
in fiscal 2008, according to an
annual report
from the Equal Employment Opportunity Commission.
In fiscal 2008 the Commerce, Transportation and Treasury departments were the only Cabinet-level agencies that experienced an increase in representation
of disabled employees. And only four agencies with more than 500 employees exceeded the government's goal of participation rates higher than 2 percent.
EEOC had the highest participation of employees with targeted disabilities, at nearly 3 percent.
Christine Griffin, acting vice chair of the commission, attributed EEOC's success to attention from top officials. "I think there's been a commitment from
people in leadership positions that this is important to us," she said.
Griffin said Obama's announcement was the first step toward a renewed focus on hiring the disabled. "Ultimately, it doesn't matter what package the person
comes in," Griffin said. "If you've got the skills and qualifications that they need, that's what they want."
As part of the initiative, the White House and OPM will work with the Labor Department's Office of Disability Employment Policy to raise awareness of a
hiring authority that allows agencies to recruit disabled workers noncompetitively under Schedule A, subject to a two-year probationary period. According
to a
March report
from the National Council on Disability, agencies don't use the Schedule A hiring authority enough. Only 326 of the 1,298 people with disabilities who
joined government in fiscal 2006 were hired using Schedule A, the report said.
OPM will hold online training sessions to educate hiring managers on the Schedule A authority beginning in November. "This should be a core objective of
the federal government because it works," said John Berry, director of OPM, in a statement.
Tuesday, October 6, 2009
Disabled Governor “Disses” New Yorkers with Disabilities
FOR IMMEDIATE RELEASE
September 18, 2009
Contact:
Disabled Governor “Disses” New Yorkers with Disabilities
(Albany, NY): New York’s disability community has denounced Governor Paterson’s recent veto of two critical pieces of civil rights legislation. Both bills, passed by a vast majority in both houses of the state legislature, would simply require state law to conform with existing federal requirements under the Americans with Disabilities Act (ADA). Outraged disability advocates are calling on the state legislature to override the governor’s vetoes to ensure the civil rights of people with disabilities in New York are upheld.
One bill, A. 584 (Cahill)/S.1058 (Addabbo), would require all polling sites to comply with the accessibility guidelines of the ADA. Across the state, polling sites are rife with ADA violations disenfranchising people with disabilities in their right to accessible voting. The new law will update state election law to be consistent with long-existing federal requirements, eliminate outdated waiver language, provide clear instructions for compliance, and finally create a means for oversight and enforcement in the state. Inaccessible sites can either be moved, consolidated, or modified using pre-existing state and federal HAVA funds for costs incurred.
In his veto message regarding the polling site access bill, the Governor asserts, “The time frame that would be imposed by this bill is simply too onerous. It is not possible …that it be achieved in the period contemplated by the legislation…” His rationalization is ridiculous in the face of long-established legislation still in the process of being implemented. The purpose of the 36 year-old Rehabilitation Act (1973) is to “empower individuals with disabilities to maximize…independence, and inclusion and integration into society, through the guarantee of equal opportunity.” Title II of the ADA (1990) itself almost twenty years old, also “requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities” including voting. “Neither law is flawlessly and thoroughly adhered to; it has taken years of committed effort to see them recognized let alone implemented,” said NAME, ORGANIZATION. “The ADA lacks weight here in New York because our state laws do not adequately reflect the federal mandates. Saying there isn’t enough time is preposterous. Claiming fiscal constraints as an additional reason to veto is absurd when right now in the state’s coffers are several million dollars in HAVA funds specifically reserved for making polling sites accessible. Time is relative and money is available. The Governor’s veto makes no sense.”
The other bill vetoed, A.781-B (Paulin)/S.5396 (Huntley), adds federal ADA Title II language into state statute, clarifying the obligations of government officials and strengthening the civil rights protections for people with disabilities. Title II of the ADA protects people with disabilities from discrimination on the basis of disability in services provided by public entities, including state and local governments. In the proposed bill, public entities would be required under state law to make reasonable accommodations—the same accommodations already required by federal law—and individuals with disabilities would gain critical access to the administrative enforcement mechanisms through the State Division of Human Rights. This bill imposes no new or additional requirements upon local governments or businesses. Governor Paterson’s opposition to this bill rest on definitions that do or do not appear in the legislation’s text and he fears a possible “broader interpretation” might expose the State to lawsuits.
“In effect,” said NAME, ORGANIZATION, “Governor Paterson is reminding New Yorkers with disabilities they will remain disenfranchised, marginalized and discriminated against.”
September 18, 2009
Contact:
Disabled Governor “Disses” New Yorkers with Disabilities
(Albany, NY): New York’s disability community has denounced Governor Paterson’s recent veto of two critical pieces of civil rights legislation. Both bills, passed by a vast majority in both houses of the state legislature, would simply require state law to conform with existing federal requirements under the Americans with Disabilities Act (ADA). Outraged disability advocates are calling on the state legislature to override the governor’s vetoes to ensure the civil rights of people with disabilities in New York are upheld.
One bill, A. 584 (Cahill)/S.1058 (Addabbo), would require all polling sites to comply with the accessibility guidelines of the ADA. Across the state, polling sites are rife with ADA violations disenfranchising people with disabilities in their right to accessible voting. The new law will update state election law to be consistent with long-existing federal requirements, eliminate outdated waiver language, provide clear instructions for compliance, and finally create a means for oversight and enforcement in the state. Inaccessible sites can either be moved, consolidated, or modified using pre-existing state and federal HAVA funds for costs incurred.
In his veto message regarding the polling site access bill, the Governor asserts, “The time frame that would be imposed by this bill is simply too onerous. It is not possible …that it be achieved in the period contemplated by the legislation…” His rationalization is ridiculous in the face of long-established legislation still in the process of being implemented. The purpose of the 36 year-old Rehabilitation Act (1973) is to “empower individuals with disabilities to maximize…independence, and inclusion and integration into society, through the guarantee of equal opportunity.” Title II of the ADA (1990) itself almost twenty years old, also “requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities” including voting. “Neither law is flawlessly and thoroughly adhered to; it has taken years of committed effort to see them recognized let alone implemented,” said NAME, ORGANIZATION. “The ADA lacks weight here in New York because our state laws do not adequately reflect the federal mandates. Saying there isn’t enough time is preposterous. Claiming fiscal constraints as an additional reason to veto is absurd when right now in the state’s coffers are several million dollars in HAVA funds specifically reserved for making polling sites accessible. Time is relative and money is available. The Governor’s veto makes no sense.”
The other bill vetoed, A.781-B (Paulin)/S.5396 (Huntley), adds federal ADA Title II language into state statute, clarifying the obligations of government officials and strengthening the civil rights protections for people with disabilities. Title II of the ADA protects people with disabilities from discrimination on the basis of disability in services provided by public entities, including state and local governments. In the proposed bill, public entities would be required under state law to make reasonable accommodations—the same accommodations already required by federal law—and individuals with disabilities would gain critical access to the administrative enforcement mechanisms through the State Division of Human Rights. This bill imposes no new or additional requirements upon local governments or businesses. Governor Paterson’s opposition to this bill rest on definitions that do or do not appear in the legislation’s text and he fears a possible “broader interpretation” might expose the State to lawsuits.
“In effect,” said NAME, ORGANIZATION, “Governor Paterson is reminding New Yorkers with disabilities they will remain disenfranchised, marginalized and discriminated against.”
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