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ENVOY ON-LINEThe Newsletter of the Washington Protection & Advocacy SystemSpring 2006 Contents:
Accessible Voting Bill Passes Legislature
Governor Gregoire Expected to
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 | Establish the third week of October as Disability History Week. |
| Require instruction in public schools on disability history, people with disabilities, and the disability rights movement without creating a burden, fiscal or otherwise. |
| Encourage colleges and universities to conduct and encourage activities that provide education, awareness and understanding of disability history. |
| Provide recognition from the Legislature through an annual joint proclamation. |
| Provide resources for instruction and activities. |
The Youth Caucus expects that passage of the bill will have the following benefits:
| Increase understanding and respect and promote acceptance and inclusion. |
| Inspire students with disabilities to keep trying to achieve their goals and to feel a sense of pride. |
| Reduce harassment and bullying and keep students with disabilities in school. |
| Reduce fights and behavior problems at school. |
Kids As Self-Advocates or KASA, a national youth advocacy organization based in New Mexico, praised the victory in a recent conference call regarding disability culture. Youth expressed how important it is for students with disabilities to understand their culture, their rights, to take pride in these things. Jennifer Thomas, KASA Advisory Co-Chair, explained how her life might have been different if she had learned about these things in high school.
“I was taught to be proud of being African American. I was taught to be proud of being part of a family that worked together. I was taught to be proud of being a woman. But no one ever sat down and taught me to be proud of having a disability. No one knew how to be proud of that or teach me that because they had not had that experience themselves. My disability was nothing that was ever discussed in my household. My parents would say, ‘I hate that you have to go through this,’ but there was no reason for me to have to apologize or feel less than for my disability. My relationship with my family could have been different if I knew about my culture early on and if I could have been part of my community and had some pride.”
Gina Semenza, Chair of the Youth Advisory Council of the National Council on Disability, explained youth don’t often have a chance to learn about disability history, because unlike other cultures, kids with disabilities are not usually born into families that understand that culture.
“My dad used to ask me, ‘Instead of fixing the ramp to your car, why don’t you work on physical therapy to get your legs better?’ He had no idea how much that hurt me. But that’s not what my life is about. He would say, ‘I wish you cared about finding a cure.’ But those things don’t make me who I am. They aren’t important to me.”
Semenza went on to explain that her parents have come around, and that since that time she has gone on to buy a condo, with the help of her parents, which is currently being renovated so that it is completely accessible for her.
“My mom said she wants me to be as independent as possible; to have a home I can get in and out of, and use the shower and cook and be my own person. It is wonderful to have that kind of support. My parents were devastated when I was born. But I’ve come from that point to being a 25-year-old woman who is purchasing her own home, has a career and is successful. Now, they celebrate my life.”
Student advocates suggested people think about why disability history isn’t already taught in schools, and what a difference it makes to understand one’s culture.
“What would life be like if you knew nothing about your culture?” said Thomas. “Knowing about disability history and why our culture is what it is today has made a major difference in my life. We study history to obtain a better future. If students don’t know about this aspect of history, that particular area of discrimination will continue. How else will we learn how to include everyone? How can society be more inclusive if these things are not spoken about?”
The “Disability History Week” bill is a giant victory. It moves us toward a more universal understanding of disability history and culture, and instills pride and hope for people with disabilities everywhere.
Want to know more about disability history? Go the the Disability History Museum website at http://www.disabilitymuseum.org/●
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Barriers to accessing justice faced by people with disabilities face can be pretty dramatic – and, when the stories are told, they can lead to dramatic changes. In 1998, a man with a mobility disability was forced to crawl up the steps of a Tennessee courthouse to get to his court appointment. He sued – and six years later, the United States Supreme Court agreed that this treatment violated the Americans with Disabilities Act (ADA). His case, Tennessee v. Lane, has inspired Washington state judges and lawyers to work to make our courts accessible for people with disabilities.
There are barriers in Washington state courts, as well. On a rainy evening this past January, several people with disabilities took the time to tell some of their stories at a Washington State Human Rights Commission forum in Olympia. The Human Rights Commission sponsored this forum so that they could learn more about the problem of barriers to access to justice that people with disabilities encounter. Washington Protection and Advocacy System recruited the people who had stories to tell.
What sort of barriers were described at the forum? While no one told a story of having to crawl up the courthouse steps, the testimony did indicate that we have great room for improvement in Washington state. Deaf advocates described situations where courts used unqualified interpreters, and interpreters weren’t provided when they were needed. Sometimes parties on opposite sides had to share the same interpreter. Sometimes the interpreter offered his own opinion. An advocate with a hearing loss talked about how his request for accommodation were ignored. He went to court houses throughout his part of the state checking to see if they offered or knew how to accommodate for hearing loss – with dismal results. A lawyer with a disability spoke of physically inaccessible courthouses – bathrooms, clerk’s offices, and even courtrooms. Another advocate explained that court services that are available on the internet are sometimes in a format that individuals with visual disabilities can’t use. Another advocate explained that court-ordered services (such as group therapy for batterers) are sometimes not available (or effective) because no accommodation for disability is offered.
Fortunately, the right people heard these stories. The audience at the forum (about forty people) included not only the members of the state Human Rights Commission, but also several judges, a court clerk, and many lawyers and advocates. Also attending was the chair of the House Judiciary Committee, Rep. Pat Lantz. Representative Lantz spoke of her commitment to improving the accessibility of courts. She has a record of accomplishment on this issue – last session, she championed legislation that helps support people with disabilities who have experienced or witnessed crime and abuse. (See Rep. Pat Lantz, Disability Rights Champion in the Summer 2005 edition of Envoy On-Line) Representative Lantz was inspired to push for that legislation by testimony at her committee from people with disabilities.
The forum included a presentation on a new guide for courts, Ensuring Equal Access for People With Disabilities: A Guide for Washington Courts. This guide will be available to the public soon.
In coming months, Superior and District Court judges, administrative law judges, prosecutors, and others members of the legal community will receive training on how to make courts more accessible. The forum provided real-life examples of barriers to justice encountered by people with disabilities that will be used in these trainings.
There is likely to be a legislative agenda for improvements this coming session, too. One idea is to create an ADA coordinator for courts, who would ensure that resources would be available to meet accommodation needs in courts throughout the state. Another idea is to seek capital funding for improvements in the accessibility of courts, and in the availability of technology and accommodations to address communication barriers. For more information or if you want to become involved, please contact David Lord. davidl@wpas-rights.org, 1-800-562-2702 ext. 219.
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by Dave Reynolds, Inclusion Daily Express
February 27, 2006
http://www.InclusionDaily.com
Your quick, once-a-day look at disability rights, self-determination
and the movement toward full community inclusion around the world.
TORINO, ITALY--About five hundred million viewers watching Sunday's Olympic Games Closing Ceremonies were treated to something you don't see every day.
After an eight-minute Canadian segment inviting the world to "Come Play with Us in 2010", the Olympic flag was passed from Torino Mayor Sergio Chiamparino to Vancouver, British Columbia Mayor Sam Sullivan.
Sullivan, who has been paralyzed below the neck for the last 27 years, accepted the flag in a specially built steel holster attached to his motorized wheelchair.
Then he did a few wheelies, spins and "donuts" as the crowd cheered.
Sullivan, the first quadriplegic mayor to participate in the ceremonial passing of the Olympic flag, had resisted suggestions that he allow an assistant to wave the flag for him.
"I have always throughout my life believed that we should do whatever we can on our own and as a person with a disability," Sullivan told CTV last week.
He said that most reporters appear astonished that he became mayor even though he uses a wheelchair.
"Some people do consider disability as a tragedy," he told the LA Daily News. "I look at it as a career move."
"A lot of them are saying 'a quadriplegic as a mayor, that could never happen where we come from.' And I say Canadians are different. They're unlike any other citizens, you know . . . we have citizens who are very open-minded and progressive and generous and that's the message that I'll be bringing to the world."
During an interview with Al Roker of NBC's Today, Sullivan said: "Every year we are enriched by new people from so many diverse parts of the world. When the world does arrive in 2010 for the Olympics and the Paralympics they're going to find the world's already here."
At a press conference last week, Sullivan joked: "People have wondered at the wisdom of sending Vancouver's worst skier to Torino to accept the flag,'' referring to the fact that he was paralyzed in a skiing accident when he was 19.
The 2006 Paralympic Winter Games are scheduled in Torino from March 10 through March 19.
Related Stories available on the
internet:
"Vancouver mayor gets set to accept Olympic flag" (CTV)
http://www.inclusiondaily.com/news/06/red/0227e.htm
"Ability over disability" (LA Daily News)
http://www.dailynews.com/sports/ci_3544295
"Vancouver mayor to wave Olympic flag from his wheelchair" (CBC News)
http://www.inclusiondaily.com/news/06/red/0227f.htm
"Olympic flag handover inspires, spinal cord advocate says" (CBC News)
http://www.inclusiondaily.com/news/06/red/0227g.htm
IX Paralympic Winter Games
http://www.inclusiondaily.com/news/06/red/0227d.htm
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Legislative Session Wrap-Up
The 2006 Legislative Session has come to an end. It was a hectic eight weeks, and WPAS staff are glad to take a break from the busy legislative schedule. Here are the highlights of the 2006 session.
Bills that Passed
( Accessible Voting for All (House Bill 2479) - See the feature article of this edition of Envoy On-Line for the details of this great victory for people with disabilities.
( Prosecution of Crimes against People with Disabilities (House Bill 1080) - This important bill gives prosecutors some tools to fight the crime of neglect against people with disabilities and elders. In the past, when someone was given the responsibility to care for a vulnerable adult and their failure to provide care led to serious harm, it was difficult for prosecutors to hold them accountable. This bill makes it clear that it is a crime to neglect someone with a disability to the point where they are harmed. The bill passed the Legislature unanimously.
( All School Districts to Provide Early Interventions (House Bill 1107) - This bill has been around for years - it took a long time for advocates to convince the Legislature that it is a good idea to make sure that all school districts in the state make sure that kids from birth to three years of age have access to early interventions that give them the best chance to be successful in school. This bill was the special project of a great advocate, Cecile Lindquist. Cecile worked for years to make sure that this bill passed unanimously. Congratulations, Cecile - and congratulations to everybody who will be helped by this new law.
; Personal Assistance Services and Collective Bargaining (House Bill 2475) - This bill makes a bad situation worse. People with disabilities who hire their own provider of Personal Assistance Services (PAS) have very little say in how public policy is created regarding their services. The Governor's office and the union for the independent providers are allowed to negotiate about these issues, but people who use PAS do not have a seat at the negotiations. HB 2475 creates a new subject for the negotiations - any state policy affecting the hours that people with disabilities may use to hire their provider. This is a bad bill that gives more control to the state and the workers over the people who have the most at stake - people with disabilities. The bill passed easily with only six Legislators casting "no" votes.
Bills that Died
; Creating a Mental Health Ombuds Program (Senate Bill 6587) - This good bill died an early death in the Legislature. That's why there is a sad face here. The bill would have created an office of the Mental Health Ombuds that was independent of the mental health system. The current ombuds are a part of each county's service system. This makes it hard for the ombuds to advocate for people.
( COPES and Collection Agencies (Senate Bill 6190) - This was a bad idea from the beginning and fortunately, advocates were able to stop this bill. People with disabilities who are required to pay a portion of the wages of their independent provider of PAS were the target of this bill. If they were unable to pay their provider, the state would turn them over to a collection agency. People who are on COPES do not have a lot of money, and this bill would have made a bad situation even worse. Fortunately, the bill did not pass.
; Studying the Needs of People with Developmental Disabilities (Senate Bill 6865) - There are thousands of people who are eligible for services from the Division of Developmental Disabilities (DDD) who are not receiving anything. This bill would have done a study to find out exactly what the needs are for these people and for others are seeking DDD services. The Legislature failed to act on this important bill, leaving thousands of people to wait and wait and wait . . .
Bills that Passed, but ended up Not Quite Right
Community Protection Program (Senate Bill 6630) - This bill attempted to fix problems in DDD's Community Protection Program. It started out addressing many of those problems, but along the way it picked up some baggage that forced WPAS to take a position against the bill. The Community Protection Program (CPP) is a restrictive program that provides services for people with developmental disabilities. The concept behind the program is a good one, but there have been many problems in implementing it. The Seattle Post-Intelligencer ran a series of articles last fall that documented many of these serious problems. The most alarming issue in the articles was that vulnerable people were going into the program and were being abused. For the most part, this bill fails to address the root causes of the issue of abuse.
On the other hand, the Legislature approved $300,000 for legal services for people who are in danger of losing their rights because they are recommended for the CPP. Although WPAS opposed the bill, we are pleased to see that people will have some access to legal services when involved with this program.
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P&A Q&A - Answers to Questions People Ask WPAS
by Phil Jordan
for the Spring 2006 edition of Envoy On-Line
What is paratransit service?
The Americans with Disabilities Act (ADA) requires that all public organizations that provide public transportation must also provide "paratransit." The prefix "para" means "closely resembling" or "alongside of," thus the term paratransit means transit that closely resembles, or operates in combination with an existing transit system. A paratransit system that complies with the ADA provides transportation for people with disabilities who are unable to use the regular, fixed route transit service that serves their region. These paratransit services must be available in the same service areas and during the same hours of operation as the rest of the transit system.
The transit provider must provide application forms for any individual who wishes to apply for paratransit services and must process the application within three weeks. Transit providers do not establish their own rules for who is eligible and who is not - the ADA provides the eligibility rules that transit systems must follow. Paratransit is a civil right and not a special service provided by a transit system.
Who is eligible for paratransit service?
Paratransit eligibility is granted an individual with disabilities for any trip s/he would be unable to make on the available, fixed route transit system. Some individuals might be eligible for paratransit services on all trips they make. Other people might be eligible only for certain trips, under certain circumstances.
An individual can become eligible for paratransit services under any of the following circumstances:
1. an individual is unable (due to her or his impairment) to board, ride, or disembark from an accessible transit system. In this circumstance, the individual would be paratransit eligible for all trips that s/he makes.
2. an individual can ride accessible transit, but such transit is not available. The individual would be eligible for all trips where accessible transit is not available.
3. an individual’s disability prevents her or him from getting to or from the transit stop. Architectural barriers and/or environmental conditions may allow an individual to be eligible for certain trips. Two examples of how this might affect eligibility are given below.
Examples
"Mary" uses a wheelchair and the buses in her city are wheelchair accessible. She regularly takes one bus route to work and another to visit her friend. There are curb cuts on the street leading to the bus stop that takes her to work, but not on the streets leading to the bus stop that goes to her friend's house. Mary would be eligible for paratransit services when she visits her friend, but not going to work.
"John" has a health condition that makes is difficult for him to walk long distances. The bus stop near his home is less than one half mile away, and he is able to walk that distance in pleasant weather. When it gets hot outside, however, John tires much more quickly, and is unable to make it to the bus stop safely. John would be eligible for paratransit services when the temperature became too hot for him to walk to the bus stop.
Are there other rules that affect whether or not I am eligible for paratransit?
There are quite a lot of rules that may affect your eligibility for paratransit. One of regulations that you should be aware of is sometimes called the "¾ mile rule." Remember that paratransit operates ‘alongside of’ the existing transit system. The ¾ mile rule states that the transit provider only has to provide paratransit service in a corridor that extends ¾ of a mile on either side of existing transit routes. This means that in order to be eligible to receive paratransit service you usually must start and end your trip within ¾ of a mile of an existing transit route.
There is an exception to the ¾ mile rule that may be to your advantage. If you are more than ¾ mile from a fixed transit route, but you are within the transit authority’s system of routes, you may be eligible for paratransit services. In order for this exception to apply, you must be completely surrounded by the transit authority’s fixed routes, and your trip must begin and end within the core service area of the transit system
Some transit providers offer paratransit service outside of the ¾ mile limit. Be sure to ask your transit authority about their local rules.
How do I apply for paratransit service?
Contact your local transit authority and ask for the ADA/paratransit coordinator. In some cases you may be able to contact the transit authority by e-mail. The transit authority will send you an application form. If you require the form in an alternative format, they will provide it for you in the format you need.
When filling out the application form, provide as much information as you can. Describe, in as much detail as possible, how your disability prevents you from using the transit services that are available in your area. Use examples that will explain why you should be eligible for paratransit.
Provide all the documentation that the application asks for – it is common for applications to be denied when information is missing, so provide as much information as you can. Most applications ask for a report from a doctor, so be sure to include a letter from a physician that explains how your disability affects you. A letter from your case manager (if you have one) may be an excellent way to demonstrate your eligibility. School records that provide evidence of your disability may also help explain why you should be eligible for paratransit.
I don’t look like I have a disability. Will that make it more difficult to be declared eligible?
If your "invisible" disability prevents you from making a trip on the fixed transit route, the transit provider should find you eligible for paratransit services. Unfortunately, many people with psychiatric or other invisible disabilities have had difficulty being declared eligible. When filling out the application form you should be sure to provide documentation that your disability prevents you from using the fixed route transit that is in your area. Below are some examples of documentation that may be helpful:
A letter from a doctor who
has treated you stating specifically how your disability:
1. prevents you from boarding or riding the local fixed route transit system,
2. prevents you from getting to a transit stop,
3. prevents you from getting from a transit stop to the place you are traveling to,
4. prevents you from boarding or riding the transit system.
This letter should also specifically list the types of weather or other special conditions (snow, heat and humidity, extreme cold, etc.) that prevent you from using the transit system. If there are particular physical barriers, such as steep hills, stairs, or lack of sidewalks that prevent you from getting to or from the transit system, these should also be listed in the letter from your doctor.
If you have a case manager,
s/he may be willing to write a letter for you. Specific information about how
your disability prevents you from using the transit system should be included,
similar to the letter from your doctor.
In some cases, school records
may include information about how your disability affects you. Someone from the
school district may also be willing to write a letter for you if they are
familiar with you and your disability.
Should I fill out an application if my local transit service is fully accessible?
Even if you can ride the transit in your area because it is fully accessible, you should consider applying anyway. This could be important for you, because when visiting friends or family in other areas of the state or country that are not fully accessible, you may want to use paratransit services there. Your paratransit eligibility will allow you to use services wherever they are available in the United States.
How long will I have to wait before I know if my application has been approved?
The ADA requires that the transit authority must notify you of the outcome of your application within 21 days. If, for any reason, it takes them longer than that to process your application, three weeks from the day that you applied you will be eligible to use the local paratransit services until they finish processing the application. This is called "presumptive eligibility." If this happens to you, after the 21 days have passed you should contact the transit provider and ask to be declared presumptively eligible for paratransit services.
Is my Personal Assistant eligible to ride with me? What about a friend or family member?
An individual who uses paratransit services may always ride with a companion, if when calling to arrange the ride, space is reserved for both the eligible individual and the companion. The companion may be a friend, a family member, or a personal assistant. If a personal assistant is accompanying the eligible individual, one other friend or family member must be allowed to travel, too (if space was reserved beforehand). They may ride even if this means that there is less room for other eligible individuals. Additional friends or companions may also ride if space is available.
Personal assistants always ride free. Friends or family members pay the same fare as the eligible individual. In order for a personal assistant to ride free, the person who is eligible for paratransit service must have applied for, and been approved by the transit authority, as being eligible to use the services of a personal assistant. If the transit authority agrees that you may use a personal assistant, you may then choose anyone to be your personal assistant on any given trip. The personal assistant does not need a paratransit certificate or card of her or his own.
Can I use paratransit service when I visit friends or family in other cities or states?
Yes! Once your application is approved, the transit authority will send you a card or certificate stating under what conditions or situations you are eligible for paratransit services. When you are in other cities that have fixed route transit systems, you will be eligible to use that transit authority’s paratransit services.
When visiting other areas, remember to call the local transit authority for details as to how their system works. They are only required to provide paratransit services along the same routes covered by their local fixed route transit system, during normal hours of operation. The conditions that limit your paratransit eligibility in your home area also apply to any area you are visiting.
The fares you pay for paratransit services, how you reserve a ride, and rules about personal assistants and companions may vary somewhat in different transit systems. When visiting, be sure to ask what the local rules are.
What happens if my application for paratransit service eligibility is denied?
When the transit provider notifies you that your application has been denied they must give you specific reasons why, and they must do it in writing. If you believe that they made a mistake in their reasoning, you should contact them right away. In some cases, your application may have been denied because your application didn’t have all the information that the transit provider needed to make a decision. They may change their minds if you can explain to them why you are unable to use the regular fixed route transit system.
If, however, the transit provider continues to say that you are not eligible for paratransit services, you may appeal their decision. The transit provider must have a process that allows you to appeal. They will usually provide you information on how to appeal when they notify you that your application is denied. If they fail to do this, however, contact them and ask for the information.
If you want to appeal, don’t put it off too long. You must tell the transit authority that you are appealing within 60 days from the time you received their decision. The appeal board cannot be made up of the same people who denied your application, and they must make a decision within 30 days from the time you filed your appeal.
What should I do if I am declared eligible for only some of the paratransit services that I need?
You may appeal any decision that limits your access to paratransit services. The transit authority must provide you with written reasons why you were declared ineligible for any level of paratransit services. The process for appealing partial eligibility is the same as if you were denied any eligibility.
If I do appeal, will I need a lawyer?
In most cases, you will be able to represent yourself or have a friend or family member assist you. If you feel comfortable talking to the members of the appeal board, you can represent yourself. If you would rather have someone else speak for you, choose someone who is familiar with you and your disability.
How should I prepare for my appeal?
If you don’t understand the rationale used in the original decision to deny your application, ask someone who does. When you prepare your appeal, it is important that you understand the specific reasons the transit provider gave for denying your application. Your task is to convince the appeals board that the reasoning used to deny your application was faulty. Be prepared to talk about each reason that was given by the transit provider when they denied your application.
If the transit authority did not provide specific reasons why you were denied paratransit eligibility, or if they provided reasons that were vague or unclear, contact the transit authority immediately. Tell them that you intend to file an appeal, and that the reasons they provided in their denial of eligibility are unclear. Politely, but firmly request that they clarify, in writing, why you were denied paratransit eligibility. The transit authority may or may not agree to provide you with more specific information.
If they do,
you may want to wait to file your appeal until you receive that information.
Don’t wait too long! If the transit authority is dragging their feet, go ahead
and file. Remember you only have 60 days to file after you are originally denied
eligibility.
If they don’t,
file your appeal as soon as you can. Make sure to state in your appeal that no
specific reasons were given by the transit authority in their denial.
In some cases, you may have been denied paratransit eligibility because the transit provider didn’t have enough documentation about how your disability prevents you from riding the fixed route transit system. If this is the case, before you have your appeal hearing, be sure to get letters and documents that explain how you are affected by your disability. It may take a few weeks to get letters from a doctor or records that contain this information. Start gathering these documents as soon as possible.
This publication is an information service of the Washington Protection & Advocacy System (WPAS). It provides general information as a public service only, and is not legal advice. If you need legal advice, you should contact an attorney. You do not have an attorney-client relationship with WPAS. If you would like more information about this topic, call (800) 562-2702 (voice) or (800) 905-0209 (TTY).
To receive this publication in an alternative format, such as large print or Braille, please call Washington Protection & Advocacy System (WPAS) at 1-800-562-2702.
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Click here to browse past issues of Envoy. If you are not reading this on the internet and want to receive previous articles from WPAS, you can contact us by phone, letter or e-mail at:
Washington Protection & Advocacy System
315 - Fifth Avenue South, Suite 850
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*Phone: (206) 324-1521 or in Washington State: (800) 562-2702
TTY: (206) 957-0728 or in Washington State: (800) 905-0209
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Editor and Webmaster: Phil Jordan
Contributing Editors: Andrea Abrahamson, Betty Schwieterman, David Lord
Envoy On-Line is the newsletter of the Washington Protection and Advocacy System (WPAS), a private, non-profit agency that has been protecting the rights of people with disabilities since 1972. WPAS is a member of the National Disability Rights Network. Eligibility for WPAS services is determined by federal law. Contact WPAS if you would like more information about our current priorities and available services.
Envoy On-Line is not intended, nor should it be used, as a substitute for specific legal advice since legal counsel may only be given in response to inquiries regarding particular factual situations.
Envoy On-Line is available at no charge to interested persons in Washington and is available in alternative formats upon request. To add your name to the ENVOY mailing list, call or write:
Washington Protection and Advocacy System
315 - Fifth Avenue South, Suite 850
Seattle, WA 98104
Phone: (800) 562-2702 or (206) 324-1521
TTY: (800) 905-0209 or (206) 957-0728
Fax: (206) 957-0729
E-mail: webmaster@wpas-rights.org
Do you have feedback, questions or an opinion about one of the stories in Envoy On-Line? Email Us.
Interested in past issues of Envoy On-Line? You can find them in the Envoy On-Line Archives.
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