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Supreme Court affirms ADA in "Olmstead"

Washington, DC, June 22 --The U.S. Supreme Court today affirmed the belief of disability activists that the Americans with Disabilities Act requires that people with disabilities must receive services in an "integrated setting" rather than in institutions. Undue institutionalization qualifies as discrimination," wrote Justice Ruth Bader Ginsburg, delivering the 6-3 opinion of the court.

Read the opinion


Supreme Court restricts ADA eligibility

Washington, DC, June 22 --The U.S. Supreme Court today handed down rulings in three cases involved individuals who had alleged job discrimination on the basis of disability. The rulings indicate that the Court still believes individuals must "prove" disability in order to use the civil rights protections.

What the Court did wrong
Read the opinion


Work Incentives Act passes Senate

Washington, DC, June 16 -- In a roll call vote, the U. Senate this morning passed the
Work Incentives Improvement Act . Sources say concerns over how to pay for the bill, which had been stalling the vote, will be worked out in the Conference Committee after the bill passes the House.
Sandusky slapped with Dillery ADA suit

Sandusky, OH, May 10 --
Kelly Dillery has sued the city of Sandusky, Ohio, for failing to install curb cuts and in other ways violating her civil rights. The suit, filed Thursday, says Sandusky violated Dillery's rights under the Americans with Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, and the Rehabilitation Act of 1973.

Dillery's suit seeks an injunction to keep police from "arresting or otherwise harassing her when she attempts to access areas of the city of Sandusky necessary for her to conduct her daily business and life," and asks the judge to order the city to install or repair curb ramps at any city street built or altered since Jan. 26, 1992.

"Despite regular reports and complaints from both (Dillery), other citizens and the city's police officers, the city and its police officers continue to harass (Dillery) when she attempts to access these inaccessible areas of the city of Sandusky," the lawsuit says.

The lawsuit lists more than 100 alleged violations of the ADA in the city since its 1992 implementation date.

Sandusky has 20 days to respond to the suit.

Read more about the lawsuit in The Sandusky Register


Supreme Court makes it easier to use ADA
for workplace discrimination

Washington, May 24. -- In a unanimous ruling, the U.S. Supreme Court gave a lift to the disability rights nation by saying that workers with disabilities who had to apply for Social Security disability benefits were not automatically barred from filing a lawsuit alleging discrimination under the Americans with Disabilities Act, as a lower court had ruled in the case of Carolyn Cleveland.

This is the first of a number of decisions expected from the Court in the next few weeks clarifying the disability civil rights law. This first decision, say activists, is a sign the court truly views the ADA as the civil rights law it was designed to be.

The justices sent Cleveland's case back to the lower court to be re-heard. The lower court could not automatically throw out the case simply because Cleveland got Social Security benefits, said the Court, because the Social Security Act and the ADA were designed to do different things; using one did not stop you from using the other, they said.

" The ADA defines a 'qualified individual' to include a disabled person 'who . . . can perform the essential functions' of her job 'with reasonable accommodation,' " Justice Stephen G. Breyer wrote in the opinion. But "[w]hen the [Social Security Administration] determines whether an individual is disabled for SSDI purposes, it does not take the possibility of 'reasonable accommodation' into account."

"An ADA suit claiming that the plaintiff can perform her job with reasonable accommodation may well prove consistent with an SSDI claim that the plaintiff could not perform her own job (or other jobs) without it," said the court.

"It's a victory for the concept of 'reasonable accommodation,'" said one disability rights activist.

Read the opinion
ADA cases before the Supreme Court this session
Lower courts and the ADA


Georgette Smith, quadriplegic, kills self
Court OK's ventilator turn off

May 20. -- Newly disabled quadriplegic Georgette Smith died after a court ordered her taken off the ventilator that was keeping her alive. She had sought court permission to remove the ventilator. Smith, 42, was paralyzed when her mother shot her after a dispute in which Smith talked about putting 82-year-old Shirley Egan in a nursing home. Smiths two daughters supported their mother's decision to end her life. "All I can do is wink my eyes and wiggle my nose, wiggle my tongue. I can't move any other part of my body,'' Smith said in court papers. ``I can't live like this.'' Disability activists from Not Dead Yet told reporters that many quadriplegics, given time, re-think their desire to die. Not Dead Yet was not in contact with Smith.
Read our analysis.

Comments needed right away on Greyhound rule

Your comments are needed -- BEFORE June 1 -- to keep Greyound from getting the Dept. of Transportation to drop its proposed reporting requirements, says the Disability Rights Education and Defense Fund's Marilyn Golden.

Last September, DOT published final rules for over-the-road bus companies like Greyhound. They proposed a few paperwork requirements, too: a short form for passengers who request their "advance notice" service" and an annual reporting requirement. These rules aren't final yet. If you request "advance notice" service, and the bus company doesn't provide it, it must pay you from $300 to $700. "This proposed paper trail will be the ONLY WAY people with disabilities who are not served as the law requires will get financial compensation," says Golden.
Read more about the proposed rules -- and how to comment.
More about DREDF.


Activists rally, march in support of integration

Washington, D.C., May 13 -- Disability advocates from across the nation joined hundreds of ADAPT activists yesterday on the U.S. Capitol grounds in support of the "integration mandate" of the Americans with Disabilities Act (ADA). Over 200 organizations co-sponsored the rally which was organized by ADAPT, a national disability rights group with chapters in 39 states.

"Integration, not Segregation" signs were everywhere: written on t-shirts, buttons, flags, banners, signs, hats, and stickers.

Chanting "Our homes, not nursing homes," the rally heard speakers from Sen. Tom Harkin (D-Iowa) to Pennsylvania Gov. Dick Thornburgh speak out on the importance of the Americans with Disabilities Act.

Marchers filed into the street to wheel and walk the four blocks from the rally site to the steps of the U.S. Supreme Court, where what ADAPT called "a magnificent wave of people" -- 4,000 strong, according to U. S. Capitol police -- gathered before the Supreme Court to send a message to justices deciding the fate of the ADA's "integration mandate" in the case Olmstead. v. L.C. and E.W. "Our liberty, our freedom, our right to choice, these are fundamental rights," said national ADAPT organizer Stephanie Thomas. "If the court can't recognize these basic human rights, we must continue the fight. Victory will be ours."


Senators, others urge Lott to move on work-bill

Washington, D.C. May 11 -- A number of the original Senate co-sponsors of the Work Incentives Improvement Act spoke on the Senate floor urging Sen. Majority leader Trent Lott (D-Miss.) to bring S 331 to the floor for a vote. The bill has 77 sponsors in the Senate and has been moved out of the finance committee; but Lott refuses to schedule it for a vote, saying it allows "millionaires to qualify for its provisions."

Lott's disingenuous grandstanding relates to the fact that the bill is for people on Social Security Disability Insurance -- which is a program not just for poor people but all Americans, as is Social Security in general, said one activist. S331 will let disabled people now drawing Social Security disability benefits to work without forfeiting Medicare coverage.

On May 6, Mississippi's Coalition for Citizens with Disabilities activists gathered outside of Lott's Jackson and Pascagoula state offices to push for action.

In a May 4 opinion piece in the San Francisco Chronicle, Sen. Dianne Feinstein (D. -Calif.) a co-sponsor, urged Lott to bring the bill to the floor for a vote. The House version of the bill (H.R. 1180) continues to move, with 111 cosponsors -- 31 Republicans and 80 Democrats.

Read Sen. Feinstein's article
Contact Lott
More on the bill in Congress


HMO executive drafted Oregon suicide law, says author

Oregon Compassion in Dying Federation executive director, Barbara Coombs Lee, who helped write Oregon's assisted suicide law, was an executive with Portland-based managed care companies in 1993 and 1994, the years in which she wrote and advocated for the law's passage, "Forced Exit" author Wesley Smith said in an online message recently. Information on Lee's position with the HMO's was mentioned in a brief article in the August 24, 1997 Portland Oregonian newspaper.

The Portland-based managed care company, then named the Ethix Corp., was purchased by New York Life in late 1994, according to a May 1997 Oregon Business Journal story.

More on this in the upcoming July/August Ragged Edge.


Web access guides issued

May 5. -- World Wide Web Consortium (W3C), the international Web standards group, has issued guidelines on how to make the Web accessible to people with disabilities.

"The Web is such a critically important information resource that we have to make sure it does not shut people out," Judy Brewer, director of the Consortium's 18-month-old Web accessibility initiative told the New York Times's Cybertimes reporter Pamela Mendels.

The guidelines call for providing alternative text for images, ensuring that information is available to a person who cannot see images, and captions for audio files, to make information available to someone who cannot hear audio -- for whatever reason.

Accessible design benefits all Web users, said the W3C, because it allows "device-independence" for Web content.

Read the W3C's press release
Fact Sheet for "Web Content Accessibility Guidelines 1.0" v Web Content Accessibility Guidelinesv Web Content Accessibility Guideline Checkpoints


Crips work to derail CA right-to-die bill

Berkeley, April 27 -- Work by crips has gotten Berkeley CA's City Council to vote to oppose state Assembly Bill 1592 to legalize physician assisted suicide. The "Death with Dignity Act" was introduced in March by Berkeley's Assembly member Dion Aroner. After disability rights activists Gerald Baptiste, Karen Craig, Lucy Fields, Jean Nandi, Michael Pachovas spoke against the bill, council members voted against supporting it, calling it the "wrong bill at the wrong time."

"There are too many risks at stake for persons with disabilities to embrace assisted suicide," Californians for Disability Rights told Aroner in a recent letter. "Forced euthanasia" was not an impossibility, they said, "especially in a climate where hate crimes are not unheard of, where medical costs are a growing concern, and where acceptance of disability by general society is a goal we have yet to achieve."

Calling assisted suicide "a dangerous practice that could all too easily be abused," the group urged Aroner to consider the need for "access to health care, palliative care, home health care, and hospice care" -- all of which "influence a person's desire to live."


Activists condem Peter Singer's appointment to Princeton

Princeton, April 17 -- Marca Bristo of the National Council on Disability, Mary Jane Owen of the National Catholic Office for Persons with Disabilities, and Nadina LaSpina and Cal Montgomery of Not Dead Yet spoke at a rally organized by Princetson Students Against Infanticide protesting the appointment of philosopher Peter Singer to the faculty of the prestigious university.

Singer, perhaps best known for his "animal rights" work, argues that many human beings, including infants and some older people with cognitive disabilities, are not entitled to the same moral consideration as other human beings and many non-human animals. Not Dead Yet has pointed out that Singer advocates the selective infanticide of disabled infants when their parents might have non-disabled replacements, when their organs might be transplanted to other infants and when they are using resources that might be used elsewhere. Singer is known as a supporter of assisted suicide and euthanasia.

"Singer's core vision, that the life of a person with a disability is worth less than the life of a person without a disability, and therefore it is okay to kill infants with disabilities if that is what the parent wants to do, amounts to a defense of genocide" Bristo told the crowd. "It is sad that just as Dr. Kevorkian has finally been recognized in a court of law as being a criminal for acting on the basis of similar beliefs in the case of physician-assisted suicide, Princeton sees fit to hire a proponent of infanticide to teach ethics to undergraduates."

Related Links:
Princeton Students Against Infanticide
Column by Mary Jane Owen on the Singer appointment
NCD press release on the event



Not Dead Yet celebrates Kevorkian sentencing

Pontiac, Mich., April 13 -- Jack Kevorkian was sentenced to 10 to 25 years for second-degrre murder and 3-7 years for the delivery of a controlled substance in the 1998 death of Tom Youk. He will be eligible for parole in 6 years and 8 months.

Warning him that the issues would be debated long after he was forgotten, Cooper began to hammer home what it was that Kevorkian had done wrong. She noted that, despite his repeated assertions that he killed Youk in order to fulfill his duties as a physician, Kevorkian has not had a license to practice medicine for 8 years. He took a drug he had no right to possess, much less to administer, and used it to kill a man. "You dared the legal system to stop you," she told him. "Well, sir, consider yourself stopped."

As Kevorkian, handcuffed, was led from the courtroom, Not Dead Yet members from seven states began to celebrate outside. NDY's Stephen Drake said, "Last month a Michigan jury sent the message that people with disabilities are entitled to equal protection under the law. Today a Michigan judge sent the same message. We are celebrating a major victory right now. Tomorrow we get back to the business of the larger work."

-- reported by Cal Montgomery
Read the disability rights take on this issue
Story from Detroit Free Press
Kevorkian's victims

Earlier D.R. Nation stories

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