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PROTECTION & ADVOCACY |
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Oklahoma Disability Law Center, Inc. |
June, 2000 |
IN THIS ISSUE:
& VULNERABLE ADULTS ACT
Oklahoma's Protective Services for Vulnerable Adults Act may be located online at:
http://oklegal.onenet.net/oklegal-cgi/get_statute?99/Title.43A/43A-10-102.html
(click"next" to read entire statute) Oklahoma's Adult Protective Services is located online at:
http://www.okdhs.org/aging/sooa.htm
OKLAHOMA ADULT PROTECTIVE SERVICES (405) 521-3660 provides policy,
training, technical assistance and quality assurance for local DHS staff who investigate alleged
abuse, neglect or exploitation of elderly or incapacitated adults. State Long-Term Care
Investigators (405) 521-3440 respond to alleged abuse referrals as an extension of adult
protective services for the elderly and persons with disabilities who reside in nursing facilities
statewide. Statewide Abuse Hotline (includes children) 1-800-522-3511.
ON
THE INTERNET . . . .
People First Language OnLine:
http://www.open.org/~people1/peoplefirstlanguage.htm
Southwest DBTAC News
http://www.ilru.org/dbtac/Newsletters/Jan2000_.html
(all archived newsletters will be contained at this site also)
Information for the Air Traveler with a Disability
http://www.dot.gov/airconsumer/horizons.htm
This guide is designed to offer travelers with disabilities a brief but authoritative source of
information about the Air Carrier Access rules: the accommodations, facilities, and services that
are now required to be available. It also describes features required by other regulations
designed to make air travel more accessible.
DHS Policy Search Online
http://www.policy.okdhs.org/search/
INTRODUCTION TO LEGAL RESEARCH
A slide show prepared by University of Baltimore Law Library staff.
http://www.ubalt.edu/law/show/
FREE OR LOW-COST MEDICATIONS
http://www.phrma.org/patients/
http://www.ssa.gov/work/legislation.htm
The Social Security website address for TWWIIA
http://www.workincentives-healthcare.com
Community website for TWWIIA Factsheet and policy briefs
The Center for International Rehabilitation Research Information & Exchange (CIRRIE), a
NIDRR-funded project, facilitates the sharing of information and expertise in rehabilitation
research between the U.S. and other countries.
HOUSING DISCRIMINATION
http://www.povertylaw.org/articles/headings/housing.htm
http://www.povertylaw.org/links/houslink.htm
NEWS ABOUT DISABILITY ISSUES . . . .
Continental Airlines Inc. will pay a $50,000 fine for violating laws and regulations prohibiting
discrimination against passengers with disabilities. Under a settlement approved by a
Department of Transportation (DOT) Administrative Law Judge, Continental will also refrain
from similar violations in the future.
To settle a federal investigation, the City of Houston agreed to provide sign language
interpreters or other aids for the deaf and to retrain city workers in its police department,
municipal courts and jail. Advocacy, Inc. (the Texas P&A) was actually lead counsel on the
Houston cases, and brought in the DOJ (and NAD). Some info about their role is on their
website at: http://www.advocacyinc.org/coh.htm. The Settlement Agreement in this case has
been posted at the USDOJ website at: http://www.usdoj.gov/crt/ada/houston.htm
A civil rights group filed a class-action lawsuit accusing Ames Department Stores Inc of
failing to make its aisles, counters and dressing rooms accessible to people using wheelchairs,
The Washington Post reported.
A law firm in Denver is pursuing a nationwide class action against Conoco based on a number
of inaccessible features of their gas stations and convenience stores. They would appreciate
hearing from anyone who has had problems at Conocos. Contact: Timothy P. Fox,
http://www.foxrob.com/. His e-mail: Tfox@foxrob.com
Five wheelchair users filed a class action lawsuit in Federal Court in Los Angeles alleging that
they are routinely denied access at Robinsons-May Department Stores due to illegal access
barriers. The wheelchair users charge that Robinsons-May has failed to comply with the
requirements of the Americans with Disabilities Act to remove barriers to access and ensure
that people with disabilities have full and equal use of its stores as compared to non-disabled
customers. This lawsuit follows a decision last fall by a federal court in San Francisco finding
that the flagship Macy’s store at Union Square violated the ADA by failing to provide
adequate access to the merchandise display areas and by failing to remove barriers in fitting
rooms, restrooms, and other store locations. The judge in the case against Macy’s held that
department stores must take whatever action is “readily achieveable” to ensure access to
merchandise for customers with disabilities.
ADA
CHALLENGED AGAIN . . . .
The Supreme Court has decided to hear another disability discrimination case -- Garrett v.
University of Alabama -- that calls into question the constitutionality of the ADA. Oral
arguments most likely will occur in October, and the Court should issue its decision in early
2001. At issue in Garrett is whether Congress had the constitutional authority under the
Fourteenth Amendment to enact the ADA. If the Supreme Court says Congress did not,
individuals may no longer be able to enforce Titles I and II of the ADA against the states. More
importantly, a negative ruling could call into question altogether the constitutionality of Title II of
the ADA, as well as other disability rights statutes.
See: http://www.protectionandadvocacy.com/Title2ADA.html
SECTION
508 OF THE REHABILITATION ACT . . . .
The Justice Department announced findings of a survey of accessibility of federal government
information technology on April 28, 2000. This was DOJ's first report under section 508 of the
Rehabilitation Act, "Information Technology and People with Disabilities: The Current State of
Federal Accessibility."
When amending section 508 of the Rehabilitation Act in 1998, Congress required each federal
agency to evaluate the extent to which its information technology is accessible to people with
disabilities and to report the results of those evaluations to the Department of Justice. The
Department of Justice, in turn, analyzed those evaluations to give a comprehensive picture of the
level of accessibility of federal information technology to people with disabilities. Under the
Department's direction, agencies examined the procurement policies and procedures, along with
common types of information technology including: software, Web pages, information kiosks
and other "information transaction machines," electronic office equipment such as copiers, fax
machines, and printers, and telecommunications products and systems. The Department of
Justice found that while some information technology used by federal agencies is accessible,
simple steps can increase the extent to which federal information technology is usable by people
with disabilities. Many of the Department's recommendations are designed to improve
communications among agencies to help the government work more efficiently. The
Department of Justice's Report, like the agency self-evaluations, was issued pursuant to
statutory directive under a 1998 amendment to section 508 of the Rehabilitation Act. Starting
in August 2001, the Department will issue reports regarding the accessibility to persons with
disabilities of federal information technology every two years to the President and Congress.
These future reports will also track the resolution of complaints filed against agencies.
Section 508 requires federal agencies to procure, develop, maintain, and use electronic and
information technology that is accessible to people with disabilities, unless it would be an undue
burden to do so. It does not directly regulate the private sector. The law covers all types of
electronic and information technology in the Federal sector and is not limited to assistive
technologies used by people with disabilities. It applies to all Federal agencies when they
develop, procure, maintain, or use such technology. Federal agencies must ensure that this
technology is accessible to employees and the public to the extent it does not pose an "undue
burden." National security systems are exempt. Built-in assistive technology is not required
where it is not needed. For example, workstations of nondisabled employees are not required
to be equipped with Braille displays and printers. On the other hand, networked computer
systems, hardware, and software, should be compatible with Braille systems and printers, so
that if an employee needs them, he can use the same shared systems that other employees use.
Section 508 does not require federal contractors to make their own Internet sites accessible to
people with disabilities, but it does require federal agencies' Internet sites to be accessible, even
when they are designed and maintained by a private contractor. Beginning on August 7, 2000,
Federal employees and members of the public with disabilities may file administrative complaints
or suit in federal district court for alleged violations of section 508.
The law directs the Architectural and Transportation Barriers Compliance Board (Access
Board), an independent federal agency, to develop access standards for this technology. The
standards, once final, will become part of the Federal Acquisition Regulation (FAR), which is
the main procurement regulation for federal agencies. On March 31, 2000, the Access Board
published proposed standards to implement section 508. The proposed standards define
"electronic and information technology" (EIT) which will be subject to section 508 and set forth
minimum specifications for accessibility of EIT for people with disabilities. These proposed
standards are available on the Access Board's Internet site (http://www.access-board.gov).
The public comment period closes on May 30, 2000. The Department of Justice's Report and
additional information is available on the Department's section 508 home page
(http://www.usdoj.gov/crt/508).
US DEPARTMENT OF JUSTICE . . . .
TECHNICAL ASSISTANCE LETTERS—Check out the Department of Justice’s web site
for a list of "ADA Core Letters" at http://www.usdoj.gov/crt/foia/cltindex.htm. These letters are
prepared by the Department in response to written inquiries about specific applications of the
ADA and provide further guidance in interpreting the ADA…a "must read" for people providing
ADA technical assistance.
DOJ SETTLEMENT AGREEMENTS BY STATE—Check out the Department of Justice’s
web site for a state-by-state list of ADA settlement agreements at
http://www.usdoj.gov/crt/foia/settlement.htm.
EDUCATION
RESOURCES . . . .
ADVOCACY PRIMER
The dreaded IEP meeting! Is it really about battles? No, just some advance planning and a real
look at your expectations for your child and half the work (or is it half the battle?) is over.
http://www.specialed.about.com/library/bladvocacyprimerld.htm
WHAT IS ADVOCACY?
Advocacy is a matter of head and heart, put on the line in hopes of making a difference in the
thinking of others - and thereby step by step, individual by individual, a growing difference in the
world. http://www.specialed.about.com/library/weekly/aa042300a.htm
Some other good places to dwell:
http://bipolar.about.com/mbody.htm
http://daycare.about.com/mbody.htm
http://deafness.about.com/mbody.htm
http://disabilities.about.com/mbody.htm
http://earlychildhood.about.com/mbody.htm
http://k-6educators.about.com/mbody.htm
http://homeschooling.about.com/mbody.htm
http://mentalhealth.about.com/mbody.htm
http://panicdisorder.about.com/mbody.htm
http://specialchildren.about.com/mbody.htm
http://7-12educators.about.com/mbody.htm
Accurate impartial advice on everything from laptops to table saws.
http://click.egroups.com/1/3020/7/_/523798/_/956704013/
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