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

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.

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.

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).

Monday, March 8, 2010

Victory!

Thank you everyone who called their Representatives and spread the word about H.R. 4247, the Preventing Harmful Restraint and Seclusion in Schools Act. 
Late last week it passed in the House by a margin of over 100 votes with a remarkable show of bi-partisan support. One of the Justice For All Action
Network's top priorities for this 20th Anniversary year, this legislation is a vital first step toward protecting students with disabilities from abuse
in schools and educational settings. 

New Chair on Task Force for Persons with Disabilities

The Assembly made some committee chair changes late last week which included a new Chair for the Task Force on People with Disabilities, Assemblyman Michael
Cusick (Staten Island).  Assemblyman Cusick has served in the State Assembly since January 2003 and sits on the Transportation, Higher Education, Governmental
Employees, Veterans’ Affairs, and Mental Health committees.  In past years, in recognition of Legislative Disability Awareness Month, Assemblyman Cusick
has sponsored a poster contest for Staten Island students in grades Pre-K through 5th in an effort to promote a heightened awareness of people living with
disabilities. 

A full list of the committee changes announced on Thursday is listed below:

Speaker Silver Announces Appointments To Leadership Positions And Committee Chairs

table with 2 columns and 14 rows
Majority Leadership   

Speaker Pro Tempore  

Peter M. Rivera  

Secretary, Majority Conference  

Crystal D. Peoples-Stokes  

Vice Chair, Majority Steering  

Barbara S. Lifton  
Standing Committees   

Chair, Alcoholism & Drug Abuse  

Amy Paulin  

Chair, Ethics & Guidance  

Daniel O'Donnell  

Chair, Libraries & Education Technology  

Jonathan L. Bing  

Chair, Mental Health  

Felix Ortiz  

Chair, Oversight, Analysis & Investigation  

Michele Titus  

Chair, Small Business  

Adriano Espaillat  

Chair, Veterans Affairs  

William B. Magnarelli  
Task Forces and Legislative Commissions   

Chair, People with Disabilities  

Michael J. Cusick 
table end

__._,_.___

Tuesday, February 16, 2010

ADAPT's Defending Our Freedom Campaign: Two Weeks, Two Victories

ADAPT's Defending Our Freedom Campaign: Two Weeks, Two Victories


For Immediate Release

February 15, 2010

For Information Contact

Jennifer McPhail 512-627-5868

Nancy Salandra 215-779-1014

http://www.adapt.org

DNC Resolution Pledges Olmstead Support; HHS OCR Agrees to Meet

ADAPT's Defending Our Freedom Campaign: Two Weeks, Two Victories

Philadelphia, PA - Two weeks into ADAPT's Defending Our Freedom
Campaign, there are already two victories. One, a resolution passed by
the Democratic National Committee (DNC), has its roots in ADAPT's
four-day and four-night protest vigil last July, held outside the DNC
headquarters in Washington, D.C. despite torrential rains and no shelter
for activists. The second victory is a meeting with staff from the U.S.
Health and Human Services Office of Civil Rights (HHS OCR) scheduled for
mid-April just prior to the spring ADAPT action in Washington.

On Thursday, February 4, ten members of ADAPT from across the nation
attended the DNC Resolution Committee meeting in Washington, D.C. The
committee unanimously passed a resolution that states, in part,
"WHEREAS, efforts must be made on the state and federal level to
eliminate institutional biases that unfairly discriminate against
Americans with disabilities in obtaining long term service and support
in programs such as Medicaid ... the DNC will encourage and support
efforts to vigorously enforce the Supreme Court's Olmstead decision."
The Olmstead decision affirmed provisions in the Americans with
Disabilities Act (ADA) that mandate people with disabilities should
receive needed services and supports in "the most integrated setting,"
typically the community.

"Some people thought our protest outside the DNC last summer was an
exercise in futility," said Jennifer McPhail, ADAPT organizer from
Austin, Texas, "especially because so many of us who use wheelchairs
slept outside each night, in pouring rain and wind, with only garbage
bags or the occasional tarp for shelter. We had provided our own
accessible porta-potty, but the DNC had it hauled away. Despite all
that, we persisted in following the process laid out by the DNC, and now
we have this historic resolution to show for all hell we went through
last July."

Members of the DNC Resolution Committee included Christine Pelosi,
daughter of House Speaker Nancy Pelosi, and Lee Saunders, assistant to
AFSCME President, Gerald McEntee. AFSCME currently represents staff in
many state operated institutions, but is working to support the
Community Choice Act (CCA), legislation that would let older and
disabled individuals choose to receive needed supports and services in
their own homes instead of being forced into nursing facilities and
other institutions by the institutional bias in the nation's Medicaid
program. In addition to passing the resolution condemning the Medicaid
institutional bias, the committee also pledged to sending both the
resolution and all of ADAPT's educational materials on the CCA to every
Democratic state and federal legislator in the country.

"With the resolution from the Democrats and our upcoming meeting with
the folks from HHS Office of Civil Rights, we feel like we are gaining
ground in this battle to become free, and stay free," said Nancy
Salandra, ADAPT organizer in Philadelphia. "You would think that between
this country's Constitution, and laws like the ADA, we should already
have the right to live in our own homes and communities, but that's not
how Congress has structured the funding for the supports we are entitled
to receive. So, the resolution and the meeting are two more actions to
make sure that the law is followed and our civil rights are protected."

ADAPT's Defending Our Freedom campaign continues to gather media reports
of the harm being done to disabled and older Americans by state budget
cuts. The campaign also welcomes stories of how people in the states are
fighting back against the cuts. ADAPT is additionally encouraging people
who want out of institutional settings and the people assisting them to
file OCR complaints. ADAPT will follow up on those complaints at the
meeting with HHS OCR and the Department of Justice (DOJ), and will hold
the HHS OCR staff accountable for resolving the complaints.

Send media reports, and "fighting back" accounts and pictures to
defendingourfreedom@gmail.com.

See those reports, and accounts and pictures on
http://www.defendingourfreedom2010.blogspot.com.

File a complaint at
http://hhs.gov/ocr/civilrights/complaints/index.html
and send a copy to
DOF.complaint@gmail.com.

Sign on to support the Defending Our Freedom Campaign at
DOF.signon@gmail.com
, and see the growing list of supporters at
http://www.adapt.org/doflist.php.

Additional information on the Defending Our Freedom Campaign can be
found at www.adapt.org/adapt-campaign.html.