Message from our Governor David Paterson
My Fellow New Yorker:
I’m working to get our economy back on track, and I need your help. A key piece of legislation that would protect and create hundreds of thousands of jobs in New York State has passed the Senate 59-2, with support from both Republicans and Democrats from Upstate and New York City. The bill would create a permanent economic development program administered by the New York Power Authority (NYPA) called Energize New York that would use one of New York’s great natural resources – low-cost power produced by our hydro power plants – to bring in new jobs and protect existing jobs in our State. Our bi-partisan plan would provide participating businesses with multi-year low-cost power contracts in exchange for commitments of jobs and capital investments.
Energize New York would replace two recently expired economic development programs - Power for Jobs and the Energy Cost Savings Benefit program. More than 320,000 jobs statewide were supported by those programs, and because we’ve designed Energize New York to be more than 50 percent larger than those programs combined, Energize New York could be capable of supporting 490,000 jobs across the State. This means that not only could Energize New York support existing businesses in the State, but it could also attract new businesses and create tens of thousands of new jobs.
But the Energize New York plan has not even been introduced in the Assembly, despite remarks made by Speaker Sheldon Silver more than a year ago, when he called for the creation of such a program, saying “Businesses need certainty. I would ask that we allow time in the next session to put a permanent or multi-year solution in place.”
Instead – and in typical Albany fashion – the Assembly has offered a proposal that sounds good, but cannot be paid for. The Assembly bill would direct NYPA to offer cash-supported discounts to businesses, instead of low-cost power, which would be funded by NYPA revenue; however NYPA’s revenues vary from year to year and cannot be forecasted with a reasonable degree of certainty years into the future. This approach fails to achieve our basic objective, which is to provide businesses with certainty they need to invest in New York and New Yorkers.
While utilizing this hydropower is exactly how we can create a stable, predictable and sustainable economic development program, it is also why the Assembly refuses to act on our proposal. In 2009, this power provided an average discount of $2 to $4 per month to Upstate residential customers - a benefit the Assembly says is too significant to give up. But in reality, what those same customers would be giving up in lost jobs and lost opportunities for job creation within their communities - opportunities to keep local graduates in the State - is much greater.
Furthermore, our proposal would continue to provide special benefits for Upstate. Residential customers would see no reduction to their discounts for two years. Over the following three years, the discount would be gradually reduced but not eliminated. Revenue generated from NYPA’s sale of the Energize New York power would be used to provide a permanent discount to Upstate residential customers, and Upstate farmers that currently get a discount would continue receiving the same level of discount they receive today. Additionally, at least 35 percent of the new Energize New York power would be dedicated only for Upstate businesses. In these difficult times, it is critical that we make the most of our limited resources – our plan continues to provide benefits to Upstaters while providing an unprecedented opportunity for economic growth statewide. You don’t have to take my word that our approach is the best path forward. Business and labor groups, as well as editorial boards from every corner of the State have supported our approach:
Newsday: “Gov. David A. Paterson is wisely refusing to sign the latest stopgap renewal passed by the legislature, because he has a better idea: Energize New York, a self-sustaining program that will reallocate 455 megawatts of NYPA's cheap hydropower, add it to an equal amount of market-rate power, and create a 910-megawatt program that will provide less expensive electricity to spur economic development across the state. … the Senate - including key upstaters - agrees with Paterson. Now the Assembly must get with the program and pass this bill, to light up jobs statewide.” (6/14/10)
Syracuse Post Standard: “Short-term extenders do not provide the predictability businesses need to plan and prosper. A freeze on new businesses defeats the goal of luring new jobs to the state. Awarding benefits retroactively is just the opposite of planning ahead … However, lawmakers do have a remedy at hand that would create the needed predictability going forward for companies that need a hand in meeting their energy needs. The program has another catchy title — Energize New York. Not only would it open up some 910 megawatts of subsidized power from the New York Power Authority to businesses, it would offer seven-year contracts.” (7/2/10)
The Buffalo News: “The measure would also preserve some benefits for residences, though they would decline over time. Again, though, those minimal savings were a relative waste of a valuable resource. Upstate is much better off devoting that power to a pool that can produce jobs than frittering it away on small breaks for thousands of residential customers.” (6/1/10)
Binghamton Press and Sun: “…Albany is playing politics with a key business benefit — reduced power costs to employers. It's a game with the state's Power for Jobs program that Gov. David Paterson is trying to bring to an end by making the program permanent rather than renewable on an annual basis, which is what has occurred for the last five years of the 13-year program. Now Paterson needs some help. He's getting it from the Senate, which seems eager to go along with the governor's quest for permanency. The Assembly, however, appears to be balking, thereby leaving in limbo a key investment and job retention tool for New York.” (5/20/10)
Now is exactly the time for such a program. The nationwide recession has taken a hard toll on New York families. More than 330,000 people lost their jobs between July 2008 and December 2009. Unemployment remains over 8 percent statewide, and over 800,000 New Yorkers are currently without work. Firms across the State, particularly in the manufacturing sector, are shedding jobs or, worse yet, permanently closing.
Please call your local member of the Assembly to ask for their support of S.8065, the Energize New York bill. It is not too late to make a difference and put people back to work.
To find your Assembly member please visit: http://www.assembly.state.ny.us/mem/.
David A. Paterson
Governor of New York State
Tuesday, July 13, 2010
Wednesday, July 7, 2010
Legislative Lookout Spring/Summer Issue 6
The Legislative Lookout
Issue 6
July 2010
Published and distributed by the Catskill Center for Independence, “The Legislative Lookout” is a newsletter devoted to improving the quality of life for individuals with disabilities by taking action to achieve a barrier-free, fully inclusive society.
The vehicle used to accomplish this goal is the Statewide Systems Advocacy Network (SSAN). This newsletter is designed to keep you informed about the goals, actions and accomplishments of the SSAN. It also provides ideas and avenues for interested citizens like you to get involved.
A Message from Your Systems Advocate
Welcome to another issue of “The Legislative Lookout,” where an open invitation is always extended to anyone interested in becoming involved in the Statewide Systems Advocacy Network (SSAN). This newsletter is designed to introduce readers to the numerous barriers confronting persons with disabilities and point out the variety of ways individuals can participate in order to bring about positive change in their community, their family, and even improve their own quality of life. The difference our advocacy network makes is that people don’t work alone, but work in concert with many others.
In this issue, we have several successes to brag about. Thanks to your support and your response to action alerts, several bills related directly to the NYAIL Disability Priority Agenda have been passed by both the Assembly and the Senate and are awaiting the signature of our Governor. We must do whatever is necessary so that Governor Paterson does not veto the Polling Site Access bill or any of the other bills he has threatened to veto.
The passage of these bills is particularly significant to the disability community this year as we celebrate the 20th anniversary of the Americans with Disabilities Act. The State Legislature in both houses has voted for the will of the people and we encourage our “disabled” Governor to keep that in mind as he reviews these bills for his signature. Until these bills are signed, we must continually contact his office to impress upon him the importance of these bills and that a veto is not acceptable.
Don’t forget to visit our blog which complements this newsletter, promotes discussion and serves to inform participants about the goals, actions and accomplishments of the SSAN. It is a work in progress, so feel free to post your comments at:
http://www.ssan-network.blogspot.com
You can also sign up on our yahoogroups list, another way to foster communication among its subscribers regarding legislative issues and related action alerts. This group list is at: SSAN-CCFI@yahoogroups.com
If you have any other questions or concerns, call the Center at 607-432-8000.
As you read on, remember that the Center is always on the “lookout” for new advocates interested in getting involved in the community by becoming an SSAN volunteer. No previous experience is necessary, just a desire to be part of an exciting team working together to create a barrier free environment for all New Yorkers.
So, if you haven’t already done so, join today. Tell your family and friends about the SSAN and take this opportunity to let your voice be heard! You’ll be glad you did!
NYAIL 2010 Disability Priority Agenda Summary
The New York Association on Independent Living (NYAIL) and the Catskill Center for Independence (CCFI) are dedicated to removing barriers to full community integration of all people with disabilities.
The NYAIL Disability Priority Agenda (DPA) reflects this and is the foundation upon which action alerts are constructed. The overall theme of the DPA is that: Disability programs and policies should support living and working in the most integrated setting. This is a requirement of the Americans with Disabilities Act (ADA) and the 1999 Supreme Court Olmstead decision.
The abbreviated agenda below proposes the following priorities to address barriers to community living and ensure the civil rights of people with disabilities are protected.
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.
b) Establish standards for “visitability” in State law, requiring 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)
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, sources of housing funds heavily relied upon by many people with disabilities.
2. CIVIL RIGHTS
a) Incorporate Title II of ADA into NYS Human Rights Law. A.781-B (Paulin) and S.5396 (Huntley) – Veto message # 61
b) 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 provides 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.
3. ELECTION REFORM
a) Eliminate provisions in Section 4-104 (1-a) of State Election Law allowing waivers for polling place accessibility requirements.
b) Require polling places to comply with ADA accessibility guidelines and ensure access surveys are conducted at all polling places.
c) 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
4. MENTAL HEALTH
a) 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)
5. TRANSPORTATION
a) 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)
b) Require transportation service providers, such as taxis, limousines and shuttle services, to purchase accessible vehicles. A.5549 (Titus)
Even though we often have the support of our law makers it can sometimes seem like we are trying to climb a mountain. Even today, after the ADA and other disability related law, people with disabilities still face so many barriers in employment, education, housing, health care and voting that the barriers sometimes seem insurmountable.
The Statewide Systems Advocacy Network (SSAN) employs a variety of strategies and methods in its efforts to achieve the goals outlined in the Disability Priority Agenda by coordinating volunteers across the state that stand “at the ready” and are mobilized to action when called upon.
The Center is always on the “lookout” for new advocates interested in getting involved in the community by becoming an SSAN volunteer. No previous experience is necessary, just a desire to be part of an exciting team working together helping to create a barrier free environment for all New Yorkers.
If you think you might qualify, please contact Charlie at the Center at 607.432.8000 or via email at ccfi@ccfi.us.
A Job Well Done
Thanks to the SSAN for Achieving Real Success
Four bills from the NYAIL Disability Priority Agenda recently passed the Senate as part of a disability legislation package: S.7860 ensuring poll site accessibility, S.7482 incorporating Title II of ADA into NYS Human Rights Law, S.7800 incorporating the housing provisions of Section 504 of the Rehabilitation Act into State law, and S.2933 capping paratransit fares. Also included were two resolutions; the first commemorating the 20th anniversary of the enactment of the Americans with Disabilities Act in 1990, the second honoring the hard work and achievement of the independent living movement over the past several decades.
Special thanks goes to the Catskill Center for Independence, NYAIL and NYAIL Subcommittees, the SSAN and you, our volunteer advocates, for your hard work, endless calls, letters, faxes and emails which helped to pass these bills.
Polling Site Access: Are we there yet?
Praise is due to the New York State Senate for passing several bills recently aimed at achieving greater equality for people with disabilities. Among these was A.10946/S.7860, a bill mandating polling sites comply with accessibility guidelines established by the federal Americans with Disabilities Act (ADA) of 1990.
Last year, the exact same legislation passed both the State Senate and Assembly, but was vetoed by our disabled Governor. Now we are working to safeguard the bill against another veto by Governor Paterson this year. Being able to vote privately and independently alongside everyone else is a fundamental right. It is ironic that the state has spent millions of dollars on accessible voting machines enabling disabled voters to vote, but lags behind in ensuring voters across the state can get into the polls to use them.
For nearly twenty years the Catskill Center for Independence and the Statewide Systems Advocacy Network (SSAN) have been at the forefront of voter access issues bringing civil action to our area of the state through the Attorney General’s Office and initiating legislation that would make it possible for people with disabilities to have access to their polling site. From the Civil Rights Act to the Voting Access for the Elderly and Handicapped Act, the ADA and now the Help America Vote Act (HAVA), polling site access has been a legal concept for almost forty years. HAVA seals the deal and requires every polling site to be physically accessible - no exceptions, no excuses - and funds have been granted to every state to ensure this happens. Even with all these federal laws and determined advocacy over the years, New York’s Election Law still needs to be brought into alignment with federal guideline; the NYS Senate’s June 10th passage of A.10946/S.7860 was a step towards that alignment.
This bill provides for oversight at the State level and empowers the New York State Board of Elections to enforce the minimum standards by providing clear and complete instructions to the county boards of election on meeting and maintaining ADA guidelines for accessibility at polling sites. This is desirable as county boards do not necessarily have the knowledge of accessibility standards, such as a clear path of travel, designating temporary accessible parking, and adequate directional signage. Poll site workers do not have knowledge of the requirements necessary to avoid inadvertent errors on Election Day during site set-up. Education and a guide would address the pervasive problem of inadvertent errors and lack of uniformity by creating a common template used by all counties.
One unfortunate note in this otherwise positive turn of events is our own state Senator James Seward, R-Milford, didn't vote for this bill. Seward spokesman Jeff Bishop said the senator cast a nay vote because of the financial implications for small communities. While Seward favors equal access for everyone at the polls, Bishop said Seward believes small municipalities need to have the means to comply before they can be forced to comply. This is difficult to understand because the state has been, under HAVA, receiving millions of dollars in federal money over the last several years to modernize its voting systems and make polling places accessible. This was quite a disappointment since Senator Seward has typically been a supporter of legislation to benefit persons with disabilities.
Getting A.10946/S.7860 signed into law is imperative in order to safeguard our basic civil rights. The disability community, representing one-fifth of the electorate in New York State, has waited long enough to be able to vote like our non-disabled neighbors.
What Is Visitability?
Or Why It Defies Logic to Build New Homes That Block People Out, When it's so
Easy and Inexpensive to Build New Homes That Let People In!
The Catskill Center for Independence assists dozens of individuals each year who face significant barriers to accessing necessary quality housing that is both accessible and affordable. We frequently experience issues of scarcity of housing as well as encounter attitudes which express either a lack of interest in providing, or working towards planning for such housing.
As you may know, the lack of housing is the most significant barrier to full community integration for people with disabilities, seniors and in particular, for individuals wishing to transition from or avoid living in institutional settings.
New housing construction can easily be designed to incorporate necessary elements to provide access (visitability) at minimal cost, but has yet to become a common approach to new home construction. A trend that has been growing nationally over the past several years, visitability provides for single-family housing that is designed to be lived in or visited by anyone, including people with disabilities, young children, and the elderly. Visitability is an affordable design approach that integrates accessible features in newly built homes, designed in such a way that it can be lived in or visited by all people including people with disabilities, young children and the elderly, the fastest growing segment of our society. Accessible features are cost-efficient because they're included during the design stage rather than added on later.
Building housing that is universally accessible has always made sense—common sense and dollars and cents. For one thing, it's less expensive to build a home one can age in, not to have to sell and move once stairs become a nuisance to the occupants. Home builders are paying more attention to design as America's millions of Baby Boomers are approaching retirement, making the idea of "aging in place" a popular one.
Visitability (or universal design) also makes a home livable to anybody experiencing a temporary disability, such as a sprained ankle, knee-surgery or back injury. It’s usually inevitable at some time in a person's life (hopefully not for long) to experience a temporary disability. But for millions of Americans, disability is a way of life, and that is why more building is being done with visitability in mind. Depending on where you live, state and federal regulations are evolving to mandate visitability features be included in newly constructed single-family houses, townhouses and ground-floor units of duplexes and triplexes built with federal or public funds.
Houses that are visitable have a gradual rise to the front door, rather than steps, wider doorways (at least 36 inches), first-floor restrooms with enough turning radius for a wheelchair, and grab bars. Lowered electrical switches and outlets are also included in some municipalities. And that's it: nothing fancy; no lifts, elevators, or other assistive devices.
Visitors can be grandparents, friends, siblings, or the not-so-unusual client who uses a wheelchair. Accessibility is even useful to "latchkey" kids when lowered counters are installed. I’m sure that each of us has friends, family members or acquaintances that would benefit by any one of these features.
It is important to note, that providing such features does not require funds from any social program or industry. Visitability simply does not cost a lot of money. It is estimated that achieving visitability in houses built on concrete slabs can cost $100 or less per house, while houses built on a crawl space can achieve visitability for $500 per house.
Our elderly population represents the fastest growing segment of our society. It is their comfort and safety, and eventually our own, which deserves immediate attention.
In conclusion, it is the desire of advocates for persons with disabilities that our legislators 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 federal or public funds to be made accessible.
What needs to be fully understood is that there is a housing crisis in New York State for people with disabilities. As the federal government makes changes to existing housing programs, programs private owners often opt out of; the availability of housing for people with disabilities becomes scarcer every day. The bottom line is that people with disabilities can end up or remain in institutions because there is very little accessible and affordable housing available to them. Homes that are made visitable can help to reverse this trend.
Now that you know what visitability means and how important it is to you and your future, make sure that you contact your legislators to ensure that they know as well.
Please contact the Catskill Center for Independence for more information. In addition, the Rehabilitation Engineering Research Center on Universal Design at SUNY/Buffalo has produced the booklet "Visit-ability: an Approach to Universal Design in Housing." It is available for download at http://www.udeworld.com/visbooklet/visitabilitybooklet.pdf
If you would like any additional information regarding the content of this newsletter or about the Statewide Systems Advocacy Network contact:
Charles Reichardt
Systems Advocate
Catskill Center for Independence
607.432.8000 or ccfi@ccfi.us
Issue 6
July 2010
Published and distributed by the Catskill Center for Independence, “The Legislative Lookout” is a newsletter devoted to improving the quality of life for individuals with disabilities by taking action to achieve a barrier-free, fully inclusive society.
The vehicle used to accomplish this goal is the Statewide Systems Advocacy Network (SSAN). This newsletter is designed to keep you informed about the goals, actions and accomplishments of the SSAN. It also provides ideas and avenues for interested citizens like you to get involved.
A Message from Your Systems Advocate
Welcome to another issue of “The Legislative Lookout,” where an open invitation is always extended to anyone interested in becoming involved in the Statewide Systems Advocacy Network (SSAN). This newsletter is designed to introduce readers to the numerous barriers confronting persons with disabilities and point out the variety of ways individuals can participate in order to bring about positive change in their community, their family, and even improve their own quality of life. The difference our advocacy network makes is that people don’t work alone, but work in concert with many others.
In this issue, we have several successes to brag about. Thanks to your support and your response to action alerts, several bills related directly to the NYAIL Disability Priority Agenda have been passed by both the Assembly and the Senate and are awaiting the signature of our Governor. We must do whatever is necessary so that Governor Paterson does not veto the Polling Site Access bill or any of the other bills he has threatened to veto.
The passage of these bills is particularly significant to the disability community this year as we celebrate the 20th anniversary of the Americans with Disabilities Act. The State Legislature in both houses has voted for the will of the people and we encourage our “disabled” Governor to keep that in mind as he reviews these bills for his signature. Until these bills are signed, we must continually contact his office to impress upon him the importance of these bills and that a veto is not acceptable.
Don’t forget to visit our blog which complements this newsletter, promotes discussion and serves to inform participants about the goals, actions and accomplishments of the SSAN. It is a work in progress, so feel free to post your comments at:
http://www.ssan-network.blogspot.com
You can also sign up on our yahoogroups list, another way to foster communication among its subscribers regarding legislative issues and related action alerts. This group list is at: SSAN-CCFI@yahoogroups.com
If you have any other questions or concerns, call the Center at 607-432-8000.
As you read on, remember that the Center is always on the “lookout” for new advocates interested in getting involved in the community by becoming an SSAN volunteer. No previous experience is necessary, just a desire to be part of an exciting team working together to create a barrier free environment for all New Yorkers.
So, if you haven’t already done so, join today. Tell your family and friends about the SSAN and take this opportunity to let your voice be heard! You’ll be glad you did!
NYAIL 2010 Disability Priority Agenda Summary
The New York Association on Independent Living (NYAIL) and the Catskill Center for Independence (CCFI) are dedicated to removing barriers to full community integration of all people with disabilities.
The NYAIL Disability Priority Agenda (DPA) reflects this and is the foundation upon which action alerts are constructed. The overall theme of the DPA is that: Disability programs and policies should support living and working in the most integrated setting. This is a requirement of the Americans with Disabilities Act (ADA) and the 1999 Supreme Court Olmstead decision.
The abbreviated agenda below proposes the following priorities to address barriers to community living and ensure the civil rights of people with disabilities are protected.
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.
b) Establish standards for “visitability” in State law, requiring 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)
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, sources of housing funds heavily relied upon by many people with disabilities.
2. CIVIL RIGHTS
a) Incorporate Title II of ADA into NYS Human Rights Law. A.781-B (Paulin) and S.5396 (Huntley) – Veto message # 61
b) 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 provides 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.
3. ELECTION REFORM
a) Eliminate provisions in Section 4-104 (1-a) of State Election Law allowing waivers for polling place accessibility requirements.
b) Require polling places to comply with ADA accessibility guidelines and ensure access surveys are conducted at all polling places.
c) 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
4. MENTAL HEALTH
a) 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)
5. TRANSPORTATION
a) 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)
b) Require transportation service providers, such as taxis, limousines and shuttle services, to purchase accessible vehicles. A.5549 (Titus)
Even though we often have the support of our law makers it can sometimes seem like we are trying to climb a mountain. Even today, after the ADA and other disability related law, people with disabilities still face so many barriers in employment, education, housing, health care and voting that the barriers sometimes seem insurmountable.
The Statewide Systems Advocacy Network (SSAN) employs a variety of strategies and methods in its efforts to achieve the goals outlined in the Disability Priority Agenda by coordinating volunteers across the state that stand “at the ready” and are mobilized to action when called upon.
The Center is always on the “lookout” for new advocates interested in getting involved in the community by becoming an SSAN volunteer. No previous experience is necessary, just a desire to be part of an exciting team working together helping to create a barrier free environment for all New Yorkers.
If you think you might qualify, please contact Charlie at the Center at 607.432.8000 or via email at ccfi@ccfi.us.
A Job Well Done
Thanks to the SSAN for Achieving Real Success
Four bills from the NYAIL Disability Priority Agenda recently passed the Senate as part of a disability legislation package: S.7860 ensuring poll site accessibility, S.7482 incorporating Title II of ADA into NYS Human Rights Law, S.7800 incorporating the housing provisions of Section 504 of the Rehabilitation Act into State law, and S.2933 capping paratransit fares. Also included were two resolutions; the first commemorating the 20th anniversary of the enactment of the Americans with Disabilities Act in 1990, the second honoring the hard work and achievement of the independent living movement over the past several decades.
Special thanks goes to the Catskill Center for Independence, NYAIL and NYAIL Subcommittees, the SSAN and you, our volunteer advocates, for your hard work, endless calls, letters, faxes and emails which helped to pass these bills.
Polling Site Access: Are we there yet?
Praise is due to the New York State Senate for passing several bills recently aimed at achieving greater equality for people with disabilities. Among these was A.10946/S.7860, a bill mandating polling sites comply with accessibility guidelines established by the federal Americans with Disabilities Act (ADA) of 1990.
Last year, the exact same legislation passed both the State Senate and Assembly, but was vetoed by our disabled Governor. Now we are working to safeguard the bill against another veto by Governor Paterson this year. Being able to vote privately and independently alongside everyone else is a fundamental right. It is ironic that the state has spent millions of dollars on accessible voting machines enabling disabled voters to vote, but lags behind in ensuring voters across the state can get into the polls to use them.
For nearly twenty years the Catskill Center for Independence and the Statewide Systems Advocacy Network (SSAN) have been at the forefront of voter access issues bringing civil action to our area of the state through the Attorney General’s Office and initiating legislation that would make it possible for people with disabilities to have access to their polling site. From the Civil Rights Act to the Voting Access for the Elderly and Handicapped Act, the ADA and now the Help America Vote Act (HAVA), polling site access has been a legal concept for almost forty years. HAVA seals the deal and requires every polling site to be physically accessible - no exceptions, no excuses - and funds have been granted to every state to ensure this happens. Even with all these federal laws and determined advocacy over the years, New York’s Election Law still needs to be brought into alignment with federal guideline; the NYS Senate’s June 10th passage of A.10946/S.7860 was a step towards that alignment.
This bill provides for oversight at the State level and empowers the New York State Board of Elections to enforce the minimum standards by providing clear and complete instructions to the county boards of election on meeting and maintaining ADA guidelines for accessibility at polling sites. This is desirable as county boards do not necessarily have the knowledge of accessibility standards, such as a clear path of travel, designating temporary accessible parking, and adequate directional signage. Poll site workers do not have knowledge of the requirements necessary to avoid inadvertent errors on Election Day during site set-up. Education and a guide would address the pervasive problem of inadvertent errors and lack of uniformity by creating a common template used by all counties.
One unfortunate note in this otherwise positive turn of events is our own state Senator James Seward, R-Milford, didn't vote for this bill. Seward spokesman Jeff Bishop said the senator cast a nay vote because of the financial implications for small communities. While Seward favors equal access for everyone at the polls, Bishop said Seward believes small municipalities need to have the means to comply before they can be forced to comply. This is difficult to understand because the state has been, under HAVA, receiving millions of dollars in federal money over the last several years to modernize its voting systems and make polling places accessible. This was quite a disappointment since Senator Seward has typically been a supporter of legislation to benefit persons with disabilities.
Getting A.10946/S.7860 signed into law is imperative in order to safeguard our basic civil rights. The disability community, representing one-fifth of the electorate in New York State, has waited long enough to be able to vote like our non-disabled neighbors.
What Is Visitability?
Or Why It Defies Logic to Build New Homes That Block People Out, When it's so
Easy and Inexpensive to Build New Homes That Let People In!
The Catskill Center for Independence assists dozens of individuals each year who face significant barriers to accessing necessary quality housing that is both accessible and affordable. We frequently experience issues of scarcity of housing as well as encounter attitudes which express either a lack of interest in providing, or working towards planning for such housing.
As you may know, the lack of housing is the most significant barrier to full community integration for people with disabilities, seniors and in particular, for individuals wishing to transition from or avoid living in institutional settings.
New housing construction can easily be designed to incorporate necessary elements to provide access (visitability) at minimal cost, but has yet to become a common approach to new home construction. A trend that has been growing nationally over the past several years, visitability provides for single-family housing that is designed to be lived in or visited by anyone, including people with disabilities, young children, and the elderly. Visitability is an affordable design approach that integrates accessible features in newly built homes, designed in such a way that it can be lived in or visited by all people including people with disabilities, young children and the elderly, the fastest growing segment of our society. Accessible features are cost-efficient because they're included during the design stage rather than added on later.
Building housing that is universally accessible has always made sense—common sense and dollars and cents. For one thing, it's less expensive to build a home one can age in, not to have to sell and move once stairs become a nuisance to the occupants. Home builders are paying more attention to design as America's millions of Baby Boomers are approaching retirement, making the idea of "aging in place" a popular one.
Visitability (or universal design) also makes a home livable to anybody experiencing a temporary disability, such as a sprained ankle, knee-surgery or back injury. It’s usually inevitable at some time in a person's life (hopefully not for long) to experience a temporary disability. But for millions of Americans, disability is a way of life, and that is why more building is being done with visitability in mind. Depending on where you live, state and federal regulations are evolving to mandate visitability features be included in newly constructed single-family houses, townhouses and ground-floor units of duplexes and triplexes built with federal or public funds.
Houses that are visitable have a gradual rise to the front door, rather than steps, wider doorways (at least 36 inches), first-floor restrooms with enough turning radius for a wheelchair, and grab bars. Lowered electrical switches and outlets are also included in some municipalities. And that's it: nothing fancy; no lifts, elevators, or other assistive devices.
Visitors can be grandparents, friends, siblings, or the not-so-unusual client who uses a wheelchair. Accessibility is even useful to "latchkey" kids when lowered counters are installed. I’m sure that each of us has friends, family members or acquaintances that would benefit by any one of these features.
It is important to note, that providing such features does not require funds from any social program or industry. Visitability simply does not cost a lot of money. It is estimated that achieving visitability in houses built on concrete slabs can cost $100 or less per house, while houses built on a crawl space can achieve visitability for $500 per house.
Our elderly population represents the fastest growing segment of our society. It is their comfort and safety, and eventually our own, which deserves immediate attention.
In conclusion, it is the desire of advocates for persons with disabilities that our legislators 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 federal or public funds to be made accessible.
What needs to be fully understood is that there is a housing crisis in New York State for people with disabilities. As the federal government makes changes to existing housing programs, programs private owners often opt out of; the availability of housing for people with disabilities becomes scarcer every day. The bottom line is that people with disabilities can end up or remain in institutions because there is very little accessible and affordable housing available to them. Homes that are made visitable can help to reverse this trend.
Now that you know what visitability means and how important it is to you and your future, make sure that you contact your legislators to ensure that they know as well.
Please contact the Catskill Center for Independence for more information. In addition, the Rehabilitation Engineering Research Center on Universal Design at SUNY/Buffalo has produced the booklet "Visit-ability: an Approach to Universal Design in Housing." It is available for download at http://www.udeworld.com/visbooklet/visitabilitybooklet.pdf
If you would like any additional information regarding the content of this newsletter or about the Statewide Systems Advocacy Network contact:
Charles Reichardt
Systems Advocate
Catskill Center for Independence
607.432.8000 or ccfi@ccfi.us
Tuesday, July 6, 2010
A Vote Should Be Easy To Cast - Brad Williams NYSILC
A vote should be easy to cast
By BRAD WILLIAMS
First published: Friday, July 2, 2010
Albany Times Union
How often in life do we get a second chance?
Gov. David Paterson will soon get such an opportunity with polling place legislation for people with disabilities. The measure would have a minimal fiscal impact upon taxpayers.
Last September, the governor, who himself has a disability, shocked many when he vetoed a group of disability bills mostly centered on rights provided through the federal Americans with Disabilities Act, including voting place access. Even more perplexing to some was the reasoning used in his veto message on the polling place access bill.
Paterson stated that "many such places have received waivers from ADA compliance." This statement is both inaccurate and contrary to federal law. The bill that will go to him now updates state law by eliminating the practice of granting waivers and codifying programs in place through the state Board of Elections to make sure that access is ensured now and in the future.
As the governor also made reference, the bill is more than just a "noble idea." The disability community's right to vote shouldn't be compromised by the misdirection of facts or the self-interest of other parties to block it.
There are approximately 3.3 million voting-age New Yorkers with disabilities. They might require different levels of access.
By 2015, with the aging of the baby boomer population, the incidence of disability will increase. Language access issues are also relevant to this discussion, with predicted increases in culturally diverse populations between 2025 and 2050.
Old lever voting machines and inaccessible polling places really won't cut it. Elected officials must change their mind-set, consistent with elections system practices and the law.
Another erroneous concern was the "practical realities of financial restraints of state and local governments" and the "imposition of onerous time frames." The bill clearly states that it has no fiscal impact. This is due to the fact that there are federal and state funds available to counties to make modifications of inaccessible polling sites. There is a process in place whereby a county submits documentation to seek reimbursement for its costs from the state Board of Elections.
If a site cannot be made easily accessible, it can be consolidated within a larger location -- that is, election district -- that is accessible. , there are no increased costs passed down to local governments.
In terms of the time frame, it is baseless to talk about how it can't be done within six months when the Americans with Disabilities Act has been around for two decades. It has been more than 10 years since the disability network teamed up with 18 assistant attorneys general for a statewide survey of polling places on Election Day 1999. The subsequent court case, based on the Catskill Center for Independence data, against three upstate counties in federal court upheld the ADA regarding polling place access.
Paterson should make good on his commitment to act on the issue this year by signing A.10946/S.7860 -- sponsored by Assemblyman Kevin Cahill, D-Kingston, and Sen. Joseph Addabbo, D-Queens -- into law. It would be a fitting gesture to do so on July 26, the 20th anniversary of the ADA.
Paterson also can sign a complimentary bill. A.5707/S.5029 -- sponsored by Assemblywoman Helene Weinstein, D-Brooklyn, and Addabbo -- to help increase the potential pool of accessible polling place locations.
The purpose of the bill is to require owners of buildings who obtain tax abatement exemptions or other public benefits to make rooms available for voting and registration, which are accessible to people with disabilities.
It is time for the state, its counties and its localities to comply and go on record with the public documentation to back it up.
Brad Williams is executive director of the New York State Independent Living Council.
By BRAD WILLIAMS
First published: Friday, July 2, 2010
Albany Times Union
How often in life do we get a second chance?
Gov. David Paterson will soon get such an opportunity with polling place legislation for people with disabilities. The measure would have a minimal fiscal impact upon taxpayers.
Last September, the governor, who himself has a disability, shocked many when he vetoed a group of disability bills mostly centered on rights provided through the federal Americans with Disabilities Act, including voting place access. Even more perplexing to some was the reasoning used in his veto message on the polling place access bill.
Paterson stated that "many such places have received waivers from ADA compliance." This statement is both inaccurate and contrary to federal law. The bill that will go to him now updates state law by eliminating the practice of granting waivers and codifying programs in place through the state Board of Elections to make sure that access is ensured now and in the future.
As the governor also made reference, the bill is more than just a "noble idea." The disability community's right to vote shouldn't be compromised by the misdirection of facts or the self-interest of other parties to block it.
There are approximately 3.3 million voting-age New Yorkers with disabilities. They might require different levels of access.
By 2015, with the aging of the baby boomer population, the incidence of disability will increase. Language access issues are also relevant to this discussion, with predicted increases in culturally diverse populations between 2025 and 2050.
Old lever voting machines and inaccessible polling places really won't cut it. Elected officials must change their mind-set, consistent with elections system practices and the law.
Another erroneous concern was the "practical realities of financial restraints of state and local governments" and the "imposition of onerous time frames." The bill clearly states that it has no fiscal impact. This is due to the fact that there are federal and state funds available to counties to make modifications of inaccessible polling sites. There is a process in place whereby a county submits documentation to seek reimbursement for its costs from the state Board of Elections.
If a site cannot be made easily accessible, it can be consolidated within a larger location -- that is, election district -- that is accessible. , there are no increased costs passed down to local governments.
In terms of the time frame, it is baseless to talk about how it can't be done within six months when the Americans with Disabilities Act has been around for two decades. It has been more than 10 years since the disability network teamed up with 18 assistant attorneys general for a statewide survey of polling places on Election Day 1999. The subsequent court case, based on the Catskill Center for Independence data, against three upstate counties in federal court upheld the ADA regarding polling place access.
Paterson should make good on his commitment to act on the issue this year by signing A.10946/S.7860 -- sponsored by Assemblyman Kevin Cahill, D-Kingston, and Sen. Joseph Addabbo, D-Queens -- into law. It would be a fitting gesture to do so on July 26, the 20th anniversary of the ADA.
Paterson also can sign a complimentary bill. A.5707/S.5029 -- sponsored by Assemblywoman Helene Weinstein, D-Brooklyn, and Addabbo -- to help increase the potential pool of accessible polling place locations.
The purpose of the bill is to require owners of buildings who obtain tax abatement exemptions or other public benefits to make rooms available for voting and registration, which are accessible to people with disabilities.
It is time for the state, its counties and its localities to comply and go on record with the public documentation to back it up.
Brad Williams is executive director of the New York State Independent Living Council.
Wednesday, June 23, 2010
Yahoogroups List Created to Foster Interactive Messaging
Dear reader:
As you know, we as advocates at the Catskill Center for Independence are devoted to improving the quality of life for individuals with disabilities by taking action to achieve a barrier free, fully inclusive society. One of the most significant vehicles used to accomplish this goal is the Statewide Systems Advocacy Network (SSAN). It is due to efforts of the SSAN members, that our law makers have introduced and/or passed legislation that positively influences the lives of people with disabilities.
We at CCFI have developed a yahoo groups list to promote discussion and informed everyone about the goals, actions and accomplishments of the SSAN as well as providing an avenue so that any interested citizens can become more involved and join the network if they choose to do so.
Although it is the NYAIL Disability Priority Agenda that helps serve to focus the overall direction of the list, we encourage you as participants to post disability related information as an FYI to members OF the disability community as well as to anyone else.
The yahoo groups list is a work in progress, so feel free to make comment by subscribing and frequently posting to the list at:
SSAN-CCFI@yahoogroups.com
Or by contacting me at the Catskill Center for Independence
I encourage you to subscribe to this group so that we can all share our knowledge and information. If you would like to do so:
1. Visit:
http://groups.yahoo.com/group/SSAN-CCFI/join
or better yet
2. send an email to:
SSAN-CCFI-subscribe@yahoogroups.com
You will then get a confirmation message that must be replied to before you can begin posting messages.
If you need further assistance, please visit http://help.yahoo.com/l/us/yahoo/groups/original/members/forms/general.html
Charlie Reichardt
creichardt@ccfi.us
Systems Advocate
Catskill Center for Independence
As you know, we as advocates at the Catskill Center for Independence are devoted to improving the quality of life for individuals with disabilities by taking action to achieve a barrier free, fully inclusive society. One of the most significant vehicles used to accomplish this goal is the Statewide Systems Advocacy Network (SSAN). It is due to efforts of the SSAN members, that our law makers have introduced and/or passed legislation that positively influences the lives of people with disabilities.
We at CCFI have developed a yahoo groups list to promote discussion and informed everyone about the goals, actions and accomplishments of the SSAN as well as providing an avenue so that any interested citizens can become more involved and join the network if they choose to do so.
Although it is the NYAIL Disability Priority Agenda that helps serve to focus the overall direction of the list, we encourage you as participants to post disability related information as an FYI to members OF the disability community as well as to anyone else.
The yahoo groups list is a work in progress, so feel free to make comment by subscribing and frequently posting to the list at:
SSAN-CCFI@yahoogroups.com
Or by contacting me at the Catskill Center for Independence
I encourage you to subscribe to this group so that we can all share our knowledge and information. If you would like to do so:
1. Visit:
http://groups.yahoo.com/group/SSAN-CCFI/join
or better yet
2. send an email to:
SSAN-CCFI-subscribe@yahoogroups.com
You will then get a confirmation message that must be replied to before you can begin posting messages.
If you need further assistance, please visit http://help.yahoo.com/l/us/yahoo/groups/original/members/forms/general.html
Charlie Reichardt
creichardt@ccfi.us
Systems Advocate
Catskill Center for Independence
Monday, June 14, 2010
Victory For Persons With Disabilities
FOR IMMEDIATE RELEASE
June 10, 2010
Contact: Melanie Shaw (518) 465-4650; cell (518) 209-2343
Disability Advocates Applaud Senate Disability Legislation Package
(Albany, NY): The New York Association on Independent Living applauds the Senate's leadership in ensuring the fundamental civil rights of New Yorkers with disabilities of all ages by today passing a disability legislation package. We are also grateful for the Senate’s recognition, in a resolution, of the work of the Independent Living movement in the passage 20 years ago of the Americans with Disabilities Act (ADA), and also of the work of Independent Living Centers in New York to protect the civil rights of people with disabilities of all ages. The legislation package includes five bills which are priority bills for NYAIL and the Independent Living network in New York.
“The bills just past are particularly significant to the disability community in this year of the 20th anniversary of the Americans with Disabilities Act,” noted Melanie Shaw, Executive Director of the New York Association on Independent Living. “The Independent Living community in New York State has been in the forefront of the fight for the full integration of people with disabilities into their communities for decades, including the passage of legislation creating the Most Integrated Setting Coordinating Council and the Nursing Facility Transition and Diversion Medicaid waiver program. Indeed, two of the bills passed in the Senate today which disability advocates in New York have been working on for years would require state law to conform with existing requirements under the ADA.”
One bill, S.7860 (Addabbo), would require all polling sites to comply with accessibility guidelines of the ADA. When people with disabilities are denied their right to vote because their polling site is inaccessible, their right to participate in civic life becomes empty. This bill would update state election law consistent with ADA and Help America Vote Act (HAVA) requirements, increasing enforcement procedures and the likelihood of compliance of local boards of election, and eliminating outdated provisions permitting waiver of accessibility requirements for non-compliant polling sites.
A second bill, S.7482 (Huntley), incorporates the provisions of Title II of the ADA into state law, clarifying the scope of protections against discrimination in the provision of services, programs and activities of public entities, requiring reasonable accommodations, and allowing individuals with disabilities to gain critical access to the administrative enforcement mechanisms through the State Division of Human Rights.
These two bills were unanimously passed by the legislature in the 2009 session, but were vetoed by Governor Paterson. They were again passed by the Assembly earlier this year. Maria Dibble, Chair of NYAIL and Executive Director of the Southern Tier Independence Center in Binghamton said, “NYAIL thanks the Senate leadership for continuing to support the civil rights of all people with disabilities by passing these bills again this year, and we urge Governor Paterson to make an equally strong commitment to our civil rights by signing these essential bills into law.”
Also included in the Senate’s package was a housing-related bill sponsored by Senator Squadron: S.7800, which would incorporate the housing provisions of Section 504 of the federal Rehabilitation Act into state law. “The lack of accessible, affordable, integrated housing is the most significant barrier to individuals with disabilities living independently in the community and staying out of institutions,” said Mel Tanzman, Chair of the NYAIL Housing Committee and Executive Director of Westchester Disabled on the Move, an Independent Living Center in Yonkers. “This bill will ensure people with disabilities of all ages do not face discrimination when they seek safe, affordable, and accessible housing in their communities. NYAIL thanks Senator Squadron and all Senate members who helped make this legislation the law of our state.”
In addition, the Senate passed S.2933, sponsored by Senator Duane, which would cap fares for paratransit at levels no higher than the base fares for transportation of non-disabled adults utilizing the transit system. This bill would impact transit systems throughout New York State, as well as in the New York City metropolitan area.
The New York Association on Independent Living (NYAIL) is a statewide membership organization of Independent Living Centers, community-based not-for-profit providers of advocacy, services and supports for New Yorkers with disabilities of all ages, which are controlled by people with disabilities. NYAIL works to strengthen local Independent Living Centers and protect the civil rights of all people with disabilities.
June 10, 2010
Contact: Melanie Shaw (518) 465-4650; cell (518) 209-2343
Disability Advocates Applaud Senate Disability Legislation Package
(Albany, NY): The New York Association on Independent Living applauds the Senate's leadership in ensuring the fundamental civil rights of New Yorkers with disabilities of all ages by today passing a disability legislation package. We are also grateful for the Senate’s recognition, in a resolution, of the work of the Independent Living movement in the passage 20 years ago of the Americans with Disabilities Act (ADA), and also of the work of Independent Living Centers in New York to protect the civil rights of people with disabilities of all ages. The legislation package includes five bills which are priority bills for NYAIL and the Independent Living network in New York.
“The bills just past are particularly significant to the disability community in this year of the 20th anniversary of the Americans with Disabilities Act,” noted Melanie Shaw, Executive Director of the New York Association on Independent Living. “The Independent Living community in New York State has been in the forefront of the fight for the full integration of people with disabilities into their communities for decades, including the passage of legislation creating the Most Integrated Setting Coordinating Council and the Nursing Facility Transition and Diversion Medicaid waiver program. Indeed, two of the bills passed in the Senate today which disability advocates in New York have been working on for years would require state law to conform with existing requirements under the ADA.”
One bill, S.7860 (Addabbo), would require all polling sites to comply with accessibility guidelines of the ADA. When people with disabilities are denied their right to vote because their polling site is inaccessible, their right to participate in civic life becomes empty. This bill would update state election law consistent with ADA and Help America Vote Act (HAVA) requirements, increasing enforcement procedures and the likelihood of compliance of local boards of election, and eliminating outdated provisions permitting waiver of accessibility requirements for non-compliant polling sites.
A second bill, S.7482 (Huntley), incorporates the provisions of Title II of the ADA into state law, clarifying the scope of protections against discrimination in the provision of services, programs and activities of public entities, requiring reasonable accommodations, and allowing individuals with disabilities to gain critical access to the administrative enforcement mechanisms through the State Division of Human Rights.
These two bills were unanimously passed by the legislature in the 2009 session, but were vetoed by Governor Paterson. They were again passed by the Assembly earlier this year. Maria Dibble, Chair of NYAIL and Executive Director of the Southern Tier Independence Center in Binghamton said, “NYAIL thanks the Senate leadership for continuing to support the civil rights of all people with disabilities by passing these bills again this year, and we urge Governor Paterson to make an equally strong commitment to our civil rights by signing these essential bills into law.”
Also included in the Senate’s package was a housing-related bill sponsored by Senator Squadron: S.7800, which would incorporate the housing provisions of Section 504 of the federal Rehabilitation Act into state law. “The lack of accessible, affordable, integrated housing is the most significant barrier to individuals with disabilities living independently in the community and staying out of institutions,” said Mel Tanzman, Chair of the NYAIL Housing Committee and Executive Director of Westchester Disabled on the Move, an Independent Living Center in Yonkers. “This bill will ensure people with disabilities of all ages do not face discrimination when they seek safe, affordable, and accessible housing in their communities. NYAIL thanks Senator Squadron and all Senate members who helped make this legislation the law of our state.”
In addition, the Senate passed S.2933, sponsored by Senator Duane, which would cap fares for paratransit at levels no higher than the base fares for transportation of non-disabled adults utilizing the transit system. This bill would impact transit systems throughout New York State, as well as in the New York City metropolitan area.
The New York Association on Independent Living (NYAIL) is a statewide membership organization of Independent Living Centers, community-based not-for-profit providers of advocacy, services and supports for New Yorkers with disabilities of all ages, which are controlled by people with disabilities. NYAIL works to strengthen local Independent Living Centers and protect the civil rights of all people with disabilities.
Tuesday, May 18, 2010
New York State Assembly’s Legislative Disability Awareness Day – May 17, 2010
Five bills from the 2010 NYAIL Disability Priority Agenda (DPA) passed the Assembly yesterday as part of the disability package for the Assembly’s Legislative Disability Awareness Day. They include:
• A. 9757 (Bing) - Incorporate the housing provisions of Section 504 of the Rehabilitation Act into State law,
• A.10689 (Bing) - Make discrimination by landlords based on a tenant’s source of income illegal under State Human Rights Law,
• A10676 (Paulin) - Incorporate Title II of ADA into NYS Human Rights Law,
• A.3651 (Lifton) - Waive the State’s sovereign immunity to claims under the ADA and Section 504, and
• A.10946 (Cahill) - 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).
Thanks to those who made the trip to Albany yesterday for the event and scheduled meetings with legislators to discuss the DPA issues, and to everyone for keeping your legislators informed of our issues and ensuring their movement.
Stay tuned for action alerts as we work to move these bills through the Senate, and continue pushing for the other bills included on our Disability Priority Agenda.
• A. 9757 (Bing) - Incorporate the housing provisions of Section 504 of the Rehabilitation Act into State law,
• A.10689 (Bing) - Make discrimination by landlords based on a tenant’s source of income illegal under State Human Rights Law,
• A10676 (Paulin) - Incorporate Title II of ADA into NYS Human Rights Law,
• A.3651 (Lifton) - Waive the State’s sovereign immunity to claims under the ADA and Section 504, and
• A.10946 (Cahill) - 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).
Thanks to those who made the trip to Albany yesterday for the event and scheduled meetings with legislators to discuss the DPA issues, and to everyone for keeping your legislators informed of our issues and ensuring their movement.
Stay tuned for action alerts as we work to move these bills through the Senate, and continue pushing for the other bills included on our Disability Priority Agenda.
Eighteen-Bill Package Includes Measures to Bring New York State Law into Congruence with the ADA
Assembly Speaker Sheldon Silver and Minority Leader Brian M. Kolb announced today that the Assembly passed a comprehensive package of legislation in order to empower individuals with disabilities by providing greater protection and accessibility under New York State law. The measures were taken up in honor of Legislative Disabilities Awareness Day.
Silver and Kolb applauded Task Force on People with Disabilities Chair Michael Cusick, Mental Health Committee Chair Felix Ortiz and Mental Health Committee Ranking Minority Member Tom McKevitt for their unwavering dedication to improving conditions for men, women and children with disabilities.
"Legislation passed today not only raises awareness to the needs of New Yorkers with disabilities, but will also provide greater protection for this community in so many areas," said Silver (D-Manhattan). "I have had the privilege of meeting a number of individuals, from organizations across the state, who have worked tirelessly to ensure that the concerns of people with disabilities are being met. I applaud my colleagues in the Assembly-on both sides of the aisle-for recognizing that equal access and treatment for all individuals is the cornerstone of our government."
"It is an honor to again sponsor Legislative Disabilities Awareness Day," said Assembly Minority Leader Brian M. Kolb (R,I,C-Canandaigua). "The men and women we are honoring today are an inspiration to us all, because they know that anything is possible with hard work and determination. I am active in the Special Olympics program in my community and was proud to co-host Special Olympics New York's 40th anniversary ceremony here in March. Programs like the Special Olympics have empowered thousands of young adults who face disabilities. The athletes and the New Yorkers joining us today are proof that having a disability does not hinder one's ambition or their ability to live a full, productive and rewarding life."
"I am extremely honored to be sponsoring Disabilities Awareness Day in my new capacity as Chair of the Task Force on People with Disabilities," said Cusick (D-Staten Island). "This event is significant to the state Assembly because not only do we bring together so many advocates and people with disabilities to concentrate on the priorities of New York's disability community, but while this distinguished group is in Albany, we advance a comprehensive legislative agenda that truly reflects their needs and concerns that have been brought to our attention. And while it is very helpful for us to bring this large group together on this special occasion once a year, it is critical that we continue our mission to seek independence, integration and inclusion of all people with disabilities throughout the entire year."
"All New Yorkers should be provided equal protection under the law," said Ortiz (D-Brooklyn). "This legislative package will help to ensure that individuals with disabilities are afforded the same rights as their fellow constituents. I am honored to be a part of Legislative Disabilities Awareness Day, and I commend everyone who attended today's event to ensure that their voices are heard."
"The annual Legislative Disabilities Awareness Day ceremony provides a necessary opportunity for us to raise awareness of the needs of individuals with disabilities and also recognize their fantastic accomplishments," said McKevitt (R,C,I-East Meadow). "I am continually amazed by their determination and their power to turn a disability into an achievement. We have again heard many of these success stories here today."
To protect the rights of people with disabilities, legislation passed in the Assembly today would waive the state's sovereign immunity to liability under the Americans with Disabilities Act (ADA) and certain other federal acts (A.3651/Lifton). Additional legislation would clarify the scope of protections against discrimination on the basis of disability in services provided by public entities in New York State by making the State Human Rights Law consistent with the ADA (A.10676/Paulin). Another measure would add "disability" to areas of the State Human Rights Law where it has been omitted (A.10771/Cusick).
Legislation approved will ensure that housing protections offered to people with disabilities under the Federal Rehabilitation Act are enforceable on the state and local level as well (A.9757/Bing). Another measure passed by the Assembly would prevent housing discrimination based upon an individual's income source and make discrimination by landlords based on a tenant's source of income illegal under the New York State Human Rights Law (A.10689-A/Bing).
Recognizing the importance of making our voting system more accessible, the Assembly approved measures which would:
• Enable blind and visually impaired voters to request, in advance, that Braille or large-print absentee ballots for all elections be sent to their homes or made available for school district elections at the poll site (A.3738-A/Koon);
• Mandate that buildings which receive tax abatements or exemptions or other public benefits to be made available for use as polling places (A.5707/Weinstein);
• Designate polling places, whenever practicable, to be situated directly on public transportation routes (A.7850/Paulin); and
• Require that polling places be accessible to voters with physical disabilities and establish basic accessibility guidelines to ensure consistency and encourage substantial compliance at polling sites (A.10946/Cahill).
Additionally, new legislation the Assembly passed today would designate October 18 as Disabilities History Day (A.10853-A/Schroeder). Legislation was also approved to expand the membership of the Most Integrated Setting Coordinating Council to include the Executive Director of the Developmental Disabilities Planning Council and the commissioners of the Office of Temporary and Disability Assistance and the Department of Labor, as well as three current or former recipients of public services to people with disabilities (A.8699-A/Destito).
Other measures passed by the Assembly relating to disability rights include proposals which would:
• Require gas stations that offer both full and self service to offer pumping service to people with disabilities who have a valid handicapped parking permit at the self service price between 7:00 am and 7:00 pm (A.629/Paulin). Under current law, individuals with a permit who do not have a New York disabled license plate may be refused this service;
• Require automated teller machines to use both audio and visual systems of relaying messages to customers, helping to ensure that all individuals have equal access (A.4766-A/Weisenberg); and
• Require that the sign language interpreters be made available at the request of individuals with hearing impairments at public hearings and meetings (A.2102/Wright).
In order to protect people with disabilities in the event of emergency situations, the Assembly passed legislation that would require counties to maintain a registry of people with disabilities who may require evacuation assistance and shelter during a disaster (A.520/Destito) and mandate that high-rise building owners establish emergency evacuation plans for occupants and visitors with disabilities (A.10841/Cusick).
Finally, to improve conditions for individuals parking in handicapped accessible parking spaces, the Assembly approved a measure requiring additional signage to further deter drivers from illegally parking in access aisles (A.7848/Latimer). Also included in today's package is legislation requiring that access aisles of handicapped accessible parking spaces be at least eight feet wide (A.7849/Lavine).
Silver and Kolb applauded Task Force on People with Disabilities Chair Michael Cusick, Mental Health Committee Chair Felix Ortiz and Mental Health Committee Ranking Minority Member Tom McKevitt for their unwavering dedication to improving conditions for men, women and children with disabilities.
"Legislation passed today not only raises awareness to the needs of New Yorkers with disabilities, but will also provide greater protection for this community in so many areas," said Silver (D-Manhattan). "I have had the privilege of meeting a number of individuals, from organizations across the state, who have worked tirelessly to ensure that the concerns of people with disabilities are being met. I applaud my colleagues in the Assembly-on both sides of the aisle-for recognizing that equal access and treatment for all individuals is the cornerstone of our government."
"It is an honor to again sponsor Legislative Disabilities Awareness Day," said Assembly Minority Leader Brian M. Kolb (R,I,C-Canandaigua). "The men and women we are honoring today are an inspiration to us all, because they know that anything is possible with hard work and determination. I am active in the Special Olympics program in my community and was proud to co-host Special Olympics New York's 40th anniversary ceremony here in March. Programs like the Special Olympics have empowered thousands of young adults who face disabilities. The athletes and the New Yorkers joining us today are proof that having a disability does not hinder one's ambition or their ability to live a full, productive and rewarding life."
"I am extremely honored to be sponsoring Disabilities Awareness Day in my new capacity as Chair of the Task Force on People with Disabilities," said Cusick (D-Staten Island). "This event is significant to the state Assembly because not only do we bring together so many advocates and people with disabilities to concentrate on the priorities of New York's disability community, but while this distinguished group is in Albany, we advance a comprehensive legislative agenda that truly reflects their needs and concerns that have been brought to our attention. And while it is very helpful for us to bring this large group together on this special occasion once a year, it is critical that we continue our mission to seek independence, integration and inclusion of all people with disabilities throughout the entire year."
"All New Yorkers should be provided equal protection under the law," said Ortiz (D-Brooklyn). "This legislative package will help to ensure that individuals with disabilities are afforded the same rights as their fellow constituents. I am honored to be a part of Legislative Disabilities Awareness Day, and I commend everyone who attended today's event to ensure that their voices are heard."
"The annual Legislative Disabilities Awareness Day ceremony provides a necessary opportunity for us to raise awareness of the needs of individuals with disabilities and also recognize their fantastic accomplishments," said McKevitt (R,C,I-East Meadow). "I am continually amazed by their determination and their power to turn a disability into an achievement. We have again heard many of these success stories here today."
To protect the rights of people with disabilities, legislation passed in the Assembly today would waive the state's sovereign immunity to liability under the Americans with Disabilities Act (ADA) and certain other federal acts (A.3651/Lifton). Additional legislation would clarify the scope of protections against discrimination on the basis of disability in services provided by public entities in New York State by making the State Human Rights Law consistent with the ADA (A.10676/Paulin). Another measure would add "disability" to areas of the State Human Rights Law where it has been omitted (A.10771/Cusick).
Legislation approved will ensure that housing protections offered to people with disabilities under the Federal Rehabilitation Act are enforceable on the state and local level as well (A.9757/Bing). Another measure passed by the Assembly would prevent housing discrimination based upon an individual's income source and make discrimination by landlords based on a tenant's source of income illegal under the New York State Human Rights Law (A.10689-A/Bing).
Recognizing the importance of making our voting system more accessible, the Assembly approved measures which would:
• Enable blind and visually impaired voters to request, in advance, that Braille or large-print absentee ballots for all elections be sent to their homes or made available for school district elections at the poll site (A.3738-A/Koon);
• Mandate that buildings which receive tax abatements or exemptions or other public benefits to be made available for use as polling places (A.5707/Weinstein);
• Designate polling places, whenever practicable, to be situated directly on public transportation routes (A.7850/Paulin); and
• Require that polling places be accessible to voters with physical disabilities and establish basic accessibility guidelines to ensure consistency and encourage substantial compliance at polling sites (A.10946/Cahill).
Additionally, new legislation the Assembly passed today would designate October 18 as Disabilities History Day (A.10853-A/Schroeder). Legislation was also approved to expand the membership of the Most Integrated Setting Coordinating Council to include the Executive Director of the Developmental Disabilities Planning Council and the commissioners of the Office of Temporary and Disability Assistance and the Department of Labor, as well as three current or former recipients of public services to people with disabilities (A.8699-A/Destito).
Other measures passed by the Assembly relating to disability rights include proposals which would:
• Require gas stations that offer both full and self service to offer pumping service to people with disabilities who have a valid handicapped parking permit at the self service price between 7:00 am and 7:00 pm (A.629/Paulin). Under current law, individuals with a permit who do not have a New York disabled license plate may be refused this service;
• Require automated teller machines to use both audio and visual systems of relaying messages to customers, helping to ensure that all individuals have equal access (A.4766-A/Weisenberg); and
• Require that the sign language interpreters be made available at the request of individuals with hearing impairments at public hearings and meetings (A.2102/Wright).
In order to protect people with disabilities in the event of emergency situations, the Assembly passed legislation that would require counties to maintain a registry of people with disabilities who may require evacuation assistance and shelter during a disaster (A.520/Destito) and mandate that high-rise building owners establish emergency evacuation plans for occupants and visitors with disabilities (A.10841/Cusick).
Finally, to improve conditions for individuals parking in handicapped accessible parking spaces, the Assembly approved a measure requiring additional signage to further deter drivers from illegally parking in access aisles (A.7848/Latimer). Also included in today's package is legislation requiring that access aisles of handicapped accessible parking spaces be at least eight feet wide (A.7849/Lavine).
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