Incitement Volume 16 No. 3 A Publication of ADAPT Winter 2000 Photo: Bell forged from the shackles that used to bind the feet of psychiatric inmates across the nation. A reminder of what Liberty really means and why we must never stop until we are all free. ADAPT/Incitement 1339 Lamar SQ DR #101 Austin TX 78704 (512) 442-0252 v/tty (512) 442-0522 fax Incitement is produced from the offices of Topeka Independent Living Resource Center (TILRC). Articles, letters, compositions, displays and photos are encouraged. Please contact Tessa Goupil for deadlines for submission of materials. The Editor reserves the right to edit or omit any material that is submitted. For more information, contact Tessa Goupil at TILRC or Stephanie Thomas at ADAPT. Topeka Independent Living Resource Center, Inc. 501 SW Jackson St., Suite 100 Topeka, KS 66603-3300 (785) 233-4572 v/tty (785) 233-1815 tty (785) 233-1561 fax ADAPT returned to DC by Stephanie Thomas This fall ADAPT returned to DC. Everyone is sick of that town and all that goes on there. But someone must do the dirty job of making folks accountable. Following up on our issues, ADAPT folks do what needs to be done! THE BILLION DOLLAR BLUNDER To begin our week of actions, ADAPT took on the biggest issue. Just the week before the President had announced a billion dollar give away to the nursing home industry. After all the work and effort that has gone into trying to reverse the institutional bias, the President’s action was a slap in the face to the disability community. Not only would this be a trip to the federal candy store for the nursing homes, but it would also require states to kick in the match money, and in all likelihood this would have to come from the states efforts to fund implementation of the Supreme Court Olmstead decision. ADAPT had met with Secretary Shalala about our concerns earlier in the week, but as she could not commit to any solutions at that time, we knew we had to take the issue to the door of the one who caused the problem. So on Monday, 400 strong ADAPT took to the streets of DC to confront President Clinton. At one point the police, for some unknown reason, pulled in two police cars and then a bus to park diagonally across an intersection in an attempt to block our march. But ADAPT would not be stopped, and going around these obstacles, headed up Pennsylvania Ave. to the White House. Lining up along the fence, those who were willing to be arrested chained themselves with handcuffs and motorcycle chains to the fence. With so many of our brothers and sisters locked away in nursing homes, and President Clinton working to block our efforts to free them, a symbolic message needed to be sent. 400 of us who were chained began the chant “I’d rather go to jail than to die in a nursing home.” We stretched across the entire fence in front of the White House. Inside the fence the secret service men in black moved out across the grass, onto the roof tops, with submachine guns poorly secreted inside what looked like dry cleaning bags. Through the fence we could see a media event had been prepared, but it seemed the White House was not interested in holding the event with 400 angry disabled people as a back drop. But for once the national media took an interest and came out to cover the issue. White House staff came out after a long while and took our demands. It was hot, not much was happening on the surface of things, but no one wandered off to see the sights. Everyone held firm, chanting as the hours went by. Finally our leadership team was invited to send a delegation inside to negotiate with the Chief of Staff John Podesta. After some tough wrangling, Podesta committed the President to meet with ADAPT before the end of October. GARRETT RALLY Tuesday was the day of the Rally for the Garrett case. A big logistics question was how to keep our ADAPT folks together enough in the larger crowd at the rally so we would be ready for some “direct action” once the rally was over. C rack troops and crack leadership turned that potential nightmare into a smoothly executed operation. The rally, sponsored by American Association of People with Disabilities, was held at Upper Senate Park and featured an array of speakers: from Jessie Jackson, Martin Luther King III and Ted Kennedy Jr. to Mike Auberger, Mike Oxford and Justin Dart. The Mental Health Association brought a huge eight ton bell forged from the shackles that used to bind the feet of psychiatric inmates across the nation. Gallaudet University turned out in force despite a murder on campus the day before and problems with police investigation of the case. Thousands of advocates from all across the country gathered to send a message to Congress and the Supreme Court “Don’t Tread of the ADA!” SUPREME FOLLIES After a long hot afternoon of speakers, everyone at the rally lined up and marched to the Supreme Court for a closing ceremony. However, this event was besmirched when the Capitol Police would not let the interpreters stand on the Supreme Court steps so they would be visible above the crowd. Just as the back of the line was arriving, the interpreters were being threatened with arrest, but were refusing to back down. We began chanting “Let them Interpret, Let them on the Steps” and the police were reminded that there were hundreds of ADAPT folks and others who would, likely, be joining the interpreters on the steps (a highly illegal activity during a rally at the Supreme Court) if they were not allowed to be elevated so they could be seen. Suddenly a solution was found, and almost as quickly as it started the ceremony ended the rally. ADAPT TACKLES SOME ELEPHANTS But ADAPT’s work was far from done. We had already hit the Democratic Administration for their failures to promote real choice. However, the Republicans also have a far from stellar record on this issue. Presidential candidate Bush’s states’ rights stance on ADA could prove a greater threat than the Billion dollars, and he had ignored requests by ADAPT and other groups to meet and discuss the issue of promoting real choice and getting rid of the institutional bias, or ADA civil rights versus states rights. So we simply headed from the Supreme Court down First street a couple of blocks to where the Republican National Headquarters were conveniently located. Our goal was to get the RNC to broker a meeting between Governor Bush and ADAPT representatives. This being the night of the second Presidential debate, there was a flurry of activity going on when we arrived. It seems they had planned a major fund-raising party where people were to pay $1,000 to come and watch the debate and sip Champagne or martinis and munch on hors d’euvres. But these plans were adapted. Though we didn’t get inside, we shut down the headquarters and the Republican Social Club next door. All doors, even the garage were blocked and no one was moving until we got a commitment of a meeting. After a while the police began negotiations and then our negotiation team was let inside to talk with their staff. The usual lines of “he can’t be reached,” etc. were used and then it seemed we were making some headway and would get a date for a meeting. Meanwhile, a few diehard Republican staffers and supporters climbed in and out of windows, and party goers began to gather and then, as time passed, to trickle away. About 9:30 pm, the cops made their brilliant move. Sirens wailed from a squadron of cop cars, and a small fleet of Metro buses came squealing up the street and stopped on the sidewalk by the club. Pulling certain people away from the doors on the north side of the building, the police brought everyone out of both buildings and loaded them onto the city buses. Then almost as suddenly all the buses and cop cars pulled away. Though we had not won a meeting, we had flushed out Bush’s position. The message was clear: Bush would rather loose a half million dollars than meet with representatives of the disability community! It was almost the witching hour when ADAPT headed back. One more day of actions lay ahead of us. DAVID AND GOLIATH Our last day in DC we had one more message to deliver. MiCASSA is our fall back if the Supreme Court overturns Title II of the ADA, and we have not forgotten this bill. Thought it will not pass in totality this session, included in this years’ proposed (but as of this writing not yet passed) budget is a section to help states transition from their current institutionally biased system of services to a more community based one. However, we want to see the entire bill pass, and for that we want more supporters. A group which had remained notably silent on the bill was the infamous AARP, American Association of Retired Persons. Though they had on numerous occasions been asked to take a position, and several letters had requested a meeting, AARP had not bothered to respond. We were taking our third day to rectify that situation. Before we headed to their marbled halls however, we stopped on the national Mall to hold our big meeting. With Washington Monument behind us and the US Capitol as a backdrop ahead we discussed the actions of the day before, and as much as possible in such public location, what still lay ahead. Then we turned and headed up 7th St. AARP is such a big deal they don’t just have a headquarters building in DC, they have two buildings which take up literally half a city block. Their brass plated double doors lead into two marble lobbies which connect via an open atrium between the buildings. Most surprising, their security is greater than at most Federal buildings, with a small army of security guards, buzzer systems and locked doors. When entering simply to get a brochure one is given an escort through the building. Despite the Fort Knox quality of the place ADAPT would not be kept out. The first half of the group headed for the farther building, while the second half stopped and entered the nearer building. A tussle at the doors of the further building slowed that group down, but not by much. Soon negotiators in both lobbies were calling for the CEO Horace Deets to meet with ADAPT. Within an hour our negotiation team was meeting with their people to hammer out an agreement on the actual meeting, and within another hour ADAPT had completed the final action with another victory. Tentative date for this meeting is November 9th. At the ADAPT final meeting that night new people from across the nation spoke out about how the week had transformed them, and those of us there who were older hands at these actions listened and thought how we too had been rejuvenated by the power of our people together, united and focused on our goals. ADAPT meets with President William Clinton by Mike Auberger On October 27, 2000, as a direct result of our fall action at the White House, ADAPT met with President Clinton to discuss the bias in Medicaid Long Term Care in America. The President announced that he was signing an Executive Order that would broaden the eligibility for Medicaid to allow states to increase the income levels for individuals and family receiving Medicaid. ADAPT has been working on the this issue for months with Secretary Shalala and the administration. Over the next five years this new initiative will earmark $960 million to give individuals with disabilities and their families the opportunity to work, have higher incomes and still be eligible for Medicaid. During the meeting with President Clinton the discussion focused on ADAPT’s agenda: home and community based services. By the end, the President had made several commitments to ADAPT. The conversation covered passing the MiCASSA systems change grants (in the current budget bill), increasing the number of Section 8 Vouchers for people coming out of nursing homes and other institutions, addressing the 129 areas of Medicaid policies and practices causing the institutional bias, and creating a national diversion program that would prevent young and older individuals with disabilities from going to nursing homes. Also the Clinton Administration has dropped the billion dollars for nursing homes. The President explained the MiCASSA systems change grants in the budget were among his highest priorities. President Clinton clearly understood the premises of MiCASSA, the MiCASSA systems change grants, and the need for more Section 8 Vouchers. It was evident that ADAPT efforts had an impact on the President and his thinking concerning Medicaid Long Term Care. ADAPT has again moved the system to responded to people with disabilities. “Direct Action” works! This is a direct result of the “action” at the White House that resulted in the October 27th meeting with President Clinton. Free Our People! HHS Proposes Changes Allowing States to Expand Medicaid Coverage The U.S. Department of Health and Human Services today announced it is proposing new rules to help enable more low-income Americans gain Medicaid coverage. The change, which would allow states greater flexibility in determining Medicaid eligibility, could potentially benefit tens of thousands of Americans. In particular, it could help the elderly, people with disabilities and families with disabled children to obtain Medicaid coverage while living at home, instead of having to live in nursing care facilities. The proposal is aimed at assisting those whose income is slightly above traditional Medicaid income limits, but who are strapped with overwhelming medical bills. Under current “medically needy” rules, a state can offer Medicaid coverage to such persons once they have spent so much of their income on medical bills that what is left over meets the states’ medically needy income standard. In more than 40% of the states, however, that standard is significantly below the poverty level. Under the proposed rule, a state could disregard portions of a person’s income, such as the income necessary to pay for food, clothing or housing. The proposed rule is of special significance for the elderly and people with disabilities. Under current rules, people in institutions can qualify for Medicaid coverage at much higher income levels than if they lived in the community. This “institutional bias” acts as a barrier to living in the community for many persons with disabilities. The proposed change would allow states the flexibility to change their own rules so that elderly or people with a disability would not have to lose their health coverage if they move into a community setting. “This proposal has important potential to open doors to community living for thousands of Americans who are able to live at home and do not want to be confined in nursing homes,” said HHS Secretary Donna E. Shalala. “It can enable people to obtain the services they need to live in their own home despite a chronic illness or disability, and lead fuller lives of their own choosing.” The proposed change could also be used by states to help low- income people who have a disability to participate in the workforce, by allowing states to disregard certain earnings or other sources of income and still retain vital health coverage under Medicaid. For example, a state might disregard income from a savings account used by a worker to save funds for the purchase of a home, automobile, or similar items that promote independence. The proposed regulation could also allow states to provide health coverage to additional families and children who cannot be covered under existing rules. New federal spending under the proposed regulation is estimated at $960 million over five years. States would also spend a similar additional amount over that period. Note: For other HHS Press Releases and Fact Sheets pertaining to the subject of this announcement, please visit the Press Release and Fact Sheet search engine at: http://www.hhs.gov/search/press.html. The regs can be accessed from NHeLP’s website at http://www.healthlaw.org. Brendan McTaggart Communications Director National Health Law Program 1101 14th St. NW, Ste. 405 Washington, DC 20005 Ph (202) 289-7661 Fax (202) 289-7724 brendan@healthlaw.org Celebrate MiCASSA and Olmstead Victories The grassroots advocacy for the “REAL” Choice Campaign 2000 made significant victories this year, and made a significant dent in the institutional bias in this country. In the final hours of the 106th Congress, the Labor H. Appropriations bill (and other appropriation bills) funded many things we all have advocated for so long. As you will recall, the REAL Choice Campaign consists of passage of MiCASSA at the national level and the implementation of the Olmstead decision at the state level. Among the victories included in the appropriations bills: * $50 million for states to use to change the institutional bias in their service systems. You will hear these called Olmstead grants or MiCASSA grants. The money will be used by states for a range of activities (See Section 4 of MiCASSA for things states can choose to use the money for). Each state can apply for this grant money without state match. * $20 million for nursing home transition grants. This money will be used by states to identify ways to get and/or keep people with disabilities out of nursing homes. Currently 8 states have such grants (from previous funds). This money will allow HHS to expand this project to every state in the country. * 2000 housing vouchers over 5 years that will be used in assisting people with disabilities to get out or stay out of nursing homes. Affordable and accessible housing not linked to support services is critical to moving people out of or keeping people out of nursing homes. This money is a step in the right direction to this goal. * $28 million for the Health and Human Services HHS, Office of Civil Rights. Some of this increase in funding will go to investigating Olmstead complaints. The message of the “REAL” Choice Campaign is getting through. Did we get all we wanted this year - the passage of MiCASSA? Not the whole bill, but a significant part of it in 2000, and next year will bring the “MiCASSA Odyssey 2001.” Has Olmstead been totally implemented? Not totally in 2000, but we made significant steps at the federal level and in many states. Next year may be the year of liberation for thousands of people with disabilities. Our grassroots advocacy must intensify in 2001, if we are to FREE OUR PEOPLE! We will need to continue to organize in our communities and to build the power to change the institutionally biased long term care system. Keep up the good fight - ORGANIZE! AND DON’T NEGLECT TO CELEBRATE THESE VICTORIES!!! Together we will FREE OUR PEOPLE in 2001. Blood, Sweat & Kisses Paul "Joe" Harcz, Jr. I am a blind man. I am a militant who has been abused by the status quo. I am an ADAPTer. Once upon a time in Washington DC I was led through an ADAPT Action by a 71 year old “escapee” from a nursing home who happens to use a wheelchair. He has CP and wore a “smirk” so large even a blind man could see it. He said while blocking the elevator in the AARP building, in humble simplicity, “You can’t get off here.” ...Just like a nursing home you can’t get out... I watched brothers and sisters with all sorts of disabilities take charge in the simmering, humid, and often hostile environment of our nation’s capital. We were struggling to fulfill the promise of Washington, Jefferson, Lincoln, King and Dart.8 I saw blind men standing strong for the rights of the deaf. I saw persons with TBI struggling for the rights of the mentally ill. I saw the deaf struggling for the rights of wheelchair users. I saw wheelchair users fighting for the rights of persons with hidden disabilities... And so on. And so on... ...A people united will never be defeated... I saw non-disabled, and other minorities who too are disenfranchised, fight for the piece of the American pie. I saw a wave of disabled water rolling around the rock of impenetrable police power. I saw people dissuaded from bigotry not by the force of physical power but by the force of ideas. I saw blind and disabled working as attendants, ad hoc but with dignity. ...Up with attendant care. Down with nursing homes... I saw the words of fury flow from the fingers of interpreters at the foot steps of our sacred Supreme Court in spite of police action that tried to stifle free speech flowing from the dancing fingers of the courageous. I heard the voice of Kyle and others who have been unheard for years, from those whom our sick society says have no voice. These things I saw. These things I heard. These things I felt. These images sing through the blindness. These actions howl through the silence and deafness. These things roll throughout the stillness of supposed immobility. These things will echo in the ears of America. They will shine brightly in the eyes of America. They march proudly before the porches of America. I stood and knelt before lady history. I was humbled ... so humbled as she kissed me so softly. She kissed me so softly in my alienation, though blinded to injustice herself; though deafened to injustice; though immutable and immobile to the barriers to justice herself. She kissed us all. She kissed America. She kissed the world. And ADAPT carried her kiss upon the wind. A kiss was felt through the cuff burns of Washington. It was laid upon us all in the autumn of the new millennium. It was received by all. It was given by all. It was the warm kiss of solidarity of the disenfranchised. It was the hot kiss of passion for justice. It was the riveting red-hot kiss of anger at gross injustice. It was a kiss felt across America. It was a kiss seen across America. It was a kiss heard across America. The kiss penetrated the cold gates of the White House and melted its heart. ...I’d rather go to jail than die in a nursing home... The kiss crippled power brokers and blue bloods at the Republican National Committee. ...We’re ADAPT! You’re trapped! Get used to it!... The kiss melted the bureaucrats at the AARP. The kiss bolstered a quiescent America. The kiss of justice upon me gave me another day. I am grateful to my brothers and sisters with ADAPT for that kiss. I am truly humbled by it. Rolling Freedom Express Spreads Call for Justice With less than two month’s notice and planning, members of ADAPT and other disability groups across the United States, pulled off a major campaign for justice and civil and disability rights this fall. The Rolling Freedom Express, RFE as it was called, was an eight day, 10 city bus caravan which travelled from Alabama to the nation’s capital. It’s purpose: to raise awareness about the latest attacks on the Americans with Disabilities Act, ADA, especially the Garrett vs. U of Alabama case which threatens the constitutionality of the Americans with Disabilities Act, ADA, and which went before the Supreme Court on October 11th. Delegations from Colorado, Georgia, Kansas and Texas ADAPT formed the core group and were joined by supporters along the way. RFE Coordinators Babs Johnson, Tony Perrone and Greg Jones, as well as the other road warriors agreed with Jones “it was great to see people come out and be involved. The tenacity of the groups was terrific. This has been an impressive turn out for a very important cause!” Babs added “we were welcomed in each city. It was wonderful.” Here are the highlights of this historic event: BIRMINGHAM, AL — The origin of the Garrett case seemed the obvious launching point. So on September 22nd, with excellent help from the Birmingham CIL, the RFE began. Patricia Garrett and Milton Ash, the two folks in the Garrett case, were there and extremely appreciative of the over 150 supporters gathered in downtown Birmingham at Ingram Park, a site often used during civil rights campaigns. They had thought they were alone in their fight, they said, but now knew better! The Mayor of Birmingham, wearing a “Rolling Freedom Express - Don’t Tread on the ADA” T-Shirt, also spoke to those assembled and promised his complete support for the ADA. The event, covered by National Public Radio, NPR, and lots of other media, ended with supporters riding the bus (beautifully wrapped in its Rolling Freedom Express message of support for the ADA) out of town with the procession on it’s way to Atlanta. ATLANTA, GA — The King Center was the next site for the RFE, Don’t Tread on the ADA rally. Kate Gainer, of the Multicultural Coalition and long time ADAPT member, delivered the opening and closing remarks. The President of People First of Georgia, a representative of the Multicultural Coalition on Disability & Diversity, and Daniel Levitas Executive Director of GARUS spoke powerfully about this case’s importance for civil rights. As a symbolic connection with the mental health bell (created from the iron shackles in which patients at psychiatric institutions used to be chained not so long ago) a bell was rung for freedom. After the rally the RFE caravan took off, first from the King Center to the State Capitol and Attorney General’s office, then on to site number three. NASHVILLE, TN — Gray and rainy weather did not daunt the spirit of the crowds which came from across the volunteer state, from Memphis to Knoxville. At the Capitol’s Bicentennial Mall, speakers from the Memphis Center for Independent Living (Deborah Cunningham), ADAPT of Memphis (Tim Wheat) and of Nashville (Paul Ford), as well as the Coalition of Citizens with Disabilities called for justice and an end to the attacks on our civil rights. “This case, the Garrett case, is much more than a employment case. A negative ruling could end our equal opportunity” Wheat said. LOUISVILLE, KY — Neither rain, nor sleet, nor dark... kept the RFE from its fourth event. Plans to move the press conference and rally onto the bus proved unnecessary as the weather broke! Despite a desolate morning, about 100 people turned out along with local media, to cheer support. The Governor’s representative Pam Wallace read a letter from the Governor supporting the ADA, and the Mayor’s representative Saundra Williams delivered a proclamation from the Mayor also supporting the ADA. Louisville ADAPT’s Laura Evanoff told the crowd “the ADA signaled equal opportunity and equal rights for all persons with disabilities. We finally felt the day had come when we could honestly say ‘America for All!’.... But now a decade later our rights are under massive attack from all sectors.” She added, “I am not a lawyer, but I’ve been told that losing the Garret case could be the domino that topples the whole ADA.” Afterward local supporters joined the RFE caravan as it headed north to Ohio. COLUMBUS, OH — The sun shone, for a change, and the beautiful day welcomed the caravan and 200 local supporters gathered at Ohio’s Capitol building. Three TV stations, two local radio stations, the newspaper and both NPR and the Associated Press were there. Mary Butler and other speakers from the Center on Deafness, Mid-Ohio center for independent living (MOBIL), and the Arc, all expressed their concerns regarding the Garrett case now in the Supreme Court and the attempts to whittle away at the rights of disabled people. Roland Sykes, who kicked off the event, said “Passage of the ADA was a struggle and protecting it will be one too. Let me be more adamant - it will be a war with many fronts, a war we must not lose! Many of us may have started to take these positive changes for granted. We advocated for many years and now we wanted to just get on with our lives. Well the Garrett case is a wake up call. A wake up call that says the ADA is under attack and could be weakened or lost! We must be united!” PITTSBURGH, PA — With a band playing and folks lunching at tables and restaurants around the bustling Market Square, plenty of members of the public heard the RFE message in downtown Pittsburgh. Mayor Tom Murphy and City Councilmember Alan Hetzberg joined the RFE crowd of 200 to declare their support for the ADA, welcoming this important event to their city. Bill Crisner, Executive Director of the Three Rivers Center for Independent Living, Kathleen Kleinmann of ADAPT and Tri-County Patriots for Independent Living Director, Mark Murphy from the Disability Law Project, Kyle Glozier of ADAPT and Lucy Spruill former ADA Coordinator for the City were among the disability advocates who spoke out against the attacks on the ADA and the importance of civil rights protections for all. Another victorious advocate who spoke at the event was Diana Lesmeski, the famous “flagpole mom” who chained herself to a flagpole to dramatize her fight for educational services for her disabled son. Several van loads of locals joined the caravan as the beautifully decorated RFE bus led the way out of town. HARRISBURG, PA — At the state Capitol building droves of advocates called for an end to the attacks on the ADA. Linda Anthony of Keystone ADAPT and Executive Director of Pennsylvania Coalition of Citizens with Disabilities, PCCD, rousingly opened the event. Glenn Niman of PCCD; Kevin Casey of the Protection and Advocacy agency; Statewide Independent Living Council Executive Director Sandi Webber, and Vince Portzline of ACT, all spoke eloquently about the importance of the ADA and what loosing it would mean to the disability community. Chico Ross, of PCCD and ADAPT, told of being institutionalized and fighting to get out, and how a loss in the Garrett case could mean our fight to get folks out of nursing homes and other institutions could go down the toilet. The Disability Law Project’s Tom Earle addressed the legal threats and the current court battles. Doris Washington, mother of a son with autism, talked about her son’s discrimination and fear of lack of protections if the ADA were to be erased. Ending with a march across the bridge which spans the Susquehanna river, the caravan then rolled on to the City of Brotherly Love. PHILADELPHIA, PA — where the Constitution of the United States was drafted, where states’ rights versus federal protections were first debated, hosted Friday’s Rally. Over 200 people gathered to hear speakers decry the states’ rights threats to the ADA. With the Liberty Bell as their backdrop, disability rights advocates spoke out. A man from Speaking for Ourselves sang “We Shall Overcome.” Philadelphia ADAPT’s Erik von Schmetterling called for justice for all, pointing out that when rights of some are denied, the rights of all are threatened. Larry Bricks, a deaf advocate, Dorothy Ruffin of Philly ADAPT, and Connie Schuster of Artists for Recovery, talked about the importance of the ADA’s guarantees in their lives. Tom Earl of the Disabilities Law Project, and Fran Fulton of Liberty Resources (which shut down their office for several hours so that all the staff and consumers could participate in the rally) warned of the real threat this case and others in the pipeline to the Supreme Court. Three TV stations and NPR were there. BALTIMORE, MD — The last day of the RFE began in Balitimore’s Fort McHenry, site of a critical Civil War battle. There Bernie Fitzpatrick told the gathered crowd that recent burns to his legs and trouble finding home care to change his dressings had put him at risk of being admitted to a nursing home. He implored the crowd to “...keep fighting for me, and I’ll be there to fight with you. ADA Today, ADA Tomorrow, ADA Forever.” WASHINGTON, D.C. — After 10 cities in 6 states over 8 days, the Rolling Freedom Express rolled to a stop in front of the U.S. Supreme Court Building. With horns blaring, the caravan was led to the court by Bobbie Coward, Jr. and Mwenea Ajanaka who rode out front in their electric wheelchairs. As the freedom riders disembarked from a long line of vehicles following the official Rolling Freedom bus, they looked straight ahead to see “Don’t Tread on the ADA” and “Civil Rights not State’s Rights” banners framed by the words carved into the stone above the Supreme Court door-” EQUAL JUSTICE UNDER LAW.” Speakers included: Justin Dart, Chair of the DC Statewide Independent Living Council Don Galloway, Jorge Pineda of Capitol Area ADAPT, Kyle Glozier of PA ADAPT; American Association of Persons with Disabilities’ Director Andy Imparato, and Jacquida Patrick, the 2000 Ms. Washington, D.C. Senior Division. Coward concluded “the disability civil rights movement is my watch, and though threats may occur I am committed to our hard won rights not being lost-not on my watch!” Around the Nation Thank you, from a mom to ADAPT I have been a nurse for over 20 years and the adoptive mother of a beautiful boy with special needs for 12 years. When I returned from the capitol security briefing on Monday and found many of the ADAPT people cuffed to the White House I stopped long enough to determine “what’s wrong.” One of the gentleman explained the ADAPT group and reason for being in DC. I thanked him and crossed the street, found a tree and sat down and cried. My heart is so thankful that there is an organized group of people that fight daily for my child and our life. Many times I have wanted to curse the darkness. I didn’t know there was more like me. Now, my heart if full of light. Thank you. During my meetings with senators and representatives on Wednesday and Thursday I heard little musings about the “ADAPT group.” My heart swelled with pride. Although I do not see myself as being an “activist,” I have learned to fight for my child. I will not succumb to his demise due to systematic inconsistencies and red tape. 12 years ago I brought him home from the hospital, 8 years moved with him across state lines in foster care, 7 years ago adopted him, and broke him out of a children’s home 6 years ago. I guess that is a bit of “action.” Whatever I can do to help, I will and I will contact the people here in Illinois. I could get food, wipe brows, offer a cool spray or a drink of water, instead of being cuffed to the fence. If you need that help, I will help you and enlist my friends. Thanks for your work, Chrissy L. Nelson PS: My eyes still fill with tears at the thought of you being cuffed to the fence and blocking the doors. Be well my friends, I honor you with my life. Around the World Disabled Russians Will Ride! by Alan Holdsworth In Moscow last Friday, October 20, I was proud to be involved in one of the most powerful demonstrations I have ever witnessed. I was invited over to do an ADAPT/DAN style training with a group of young disabled community advocates from six regions of Russia. I suggested that part of the training be to organize an action with them, and to my surprise they said yes! When I was stopped in Frankfurt Germany because my Russian visa was stamped wrong, and after an eight hour stay there someone paid $350 to “sort it,” I knew I was headed somewhere different. That feeling continued through my trip. I was profoundly aware that this was not England or the US. Russia is still a poor country with many problems. There were no electric wheelchairs, no curb cuts, and a wooden ramp at the hotel. Disabled people are taught at special school how to go down stairs in a wheelchair. All the bathrooms were inaccessible; even the airport was inaccessible. There is no accessible public transport. None of the metro stations are accessible. And then of course there are the police. If you want to protest in Russia you get permission from the police. If you don’t, you can be arrested for handing out leaflets, signing petitions, carrying a placard or making a speech in public. We met in the huge building site/meeting room, as the hotel was being rebuilt around us. 75 young and not so young people from all over Russia had come together to learn from each other about how to advocate for disability rights. Much of Thursday was spent discussing the issue of police permission with myself and a local eco-activist. We had no permission to do an action. We also discussed other parts of organizing an action. By Friday we had our issue: Transport. Our target was the nearest Metro station, about a mile and a half away. We had our slogans, leaflets and petitions. We had our demands. Our plan was for half the group to go to the metro (underground), ride two stops and return. The other half of the group would protest and hold placards outside the station. We called the press. We left the hotel at 2:45 and began a 45 minute, one mile march to the station. Outside the Southwest Moscow Metro there was a street market where we made some short speeches and then went into the metro. This station has three 40 step flights of fairly steep steps. Some were helped down the steps by passers-by, a common occurrence in Moscow since it is the only way to access the metro. Some crawled down, and some bumped down the three flights -- a scary sight. But just the sight of a group of disabled people going into a station all at once, protesting without permission, was enough to make the largest newspaper in Russia, the Moscow Times, and a two minute slot on the TV news. Down in the Metro, each train has a small step. Most people in Russia use public transport; it’s always packed and this afternoon was no exception. We got on the crowded train and rode the two stops where we leafleted and petitioned. Four police showed up and some of our folks got a bit edgy. They told us to put away the petitions and stop leafleting. We got back onto the train and rode back to our original station. There we crawled or were assisted up the stairs, emerging to the applause of the rest of our group. Across the road was a McDonalds! So we celebrated with cheese burgers. We got such a feeling of power that here was a group of disabled people prepared to demonstrate against a scary system. Almost all the group were first-timers. This was the first action that disabled Russians had done without permission and it took courage. Accessible transport became an issue in Russia because we took a ride two stops. There will be more actions in Russia I think. A lot more actions. We will ride. Contact the Russian organization Perspectiva and send them your support email:- DeniseROZA@online.ru Transportation Law in Japan by Yoshi KAWAUCHI We have a new “Transportation Accessibility Improvement Law.” The Ministry of Transport has explained it in English on their web site. http://www.motnet.go.jp/koho00/barrier.htm http://www.motnet.go.jp/koho00/GRAPHICS/barrier1.pdf This law requires public transportation operators to make their facilities accessible if it is new construction or major renovation, and make efforts to make their existing facilities accessible. The local governments like cities or towns CAN designate Improvement Priority Area and they CAN make improvement plan on this area. It needs to have public transportation facilities as a core of this area. And once this improvement plan is made, public transportation operators need to improve their facilities accessiblity even if it is existing. As a grass roots activist, I appreciate this law as the first step toward improvement. We have no accessibility law on public transportation. So it is the beginning of a beginning. We need to utilize this law to change our society. However, I criticize this law because it is NOT a civil rights law. It just mentions the procedure to make facilities accessible without saying WHY. So this law has no procedure for consumers to file a complaint. It does not include taxicabs because of the political pressure. It does not cover people with developmental disabilities and psychiatric disabilities because our government said they did not know the needs of those people. Because they did not know the needs, they said, they had no way to improve it. One blind leader who had been regarded very discriminatively said “making efforts” does not require of them what they NEED to. It allows them the excuse “Although we made much efforts, we couldn’t do that.” It depends on the pressure by the community. DAN Hits Housing Birmingham DAN hit the National Housing Federation annual conference in Birmingham in mid-September. Having found out the night before that this important lobbying organization was talking about housing without reference to disabled people, eight DANNERS got into the huge conference and demanded a keynote speech at the next conference and a commitment to work with DAN to ensure that housing issues for disabled people were being addressed. Despite the small number of DANNERS, the big chiefs of the organization met and promised to “get back to us” on all our demands. DAN said they would be back to meet either as colleagues or as protesters. As luck would have it, the National Housing Federation are having a mass lobby of Parliament on the 6th of December. DAN plans to get up and at them! Around the Nation Activists Hold Supreme Court Vigil Chanting “ADA forever”, singing freedom songs and lighting candles, 60 disability activists held an all night vigil in front of the US Supreme Court on Wednesday, October 10, 2000. Willing to endure cold temperatures and sleep on pavement, they came to deliver the message that the fate of the Americans with Disabilities Act (ADA) is at stake. Justin Dart, Jr. of Justice For All, kicked off the candlelight vigil. “We will never again accept segregation. Separate is not equal.” Noting that the next President will most likely appoint several new Supreme Court Justices, Dart stressed the importance of voting “Vote as if your very lives were at stake because they are,” he stated. On October 11, 2000, the Supreme Court heard oral arguments in Garrett v University of Alabama, which challenges the constitutionality of ADA. The state of Alabama is claiming that Congress did not have the constitutional authority to impose ADA on state government. If the Court decides in favor of the State of Alabama, 56 million Americans with disabilities could lose the right to have access to the programs and services that state and local governments offer the rest of their citizens. In Garrett, the State of Alabama is making what is known as the “states’ rights” argument. Historically, it is the same argument made before the Supreme Court to justify slavery and later the segregation and societal exclusion of African Americans. “The State of Alabama is trotting out the same sad argument that was used in Brown v Topeka Board of Education to deny civil rights to those of us who are African American,” said Bobby Coward of Capital Area ADAPT. “It did not work then and we are going to do everything in our power to make certain it does not work now,” Coward told the crowd at the vigil. Organized by Capital Area ADAPT and the Maryland Statewide Independent Living Council, there was strong cross-disability representation. Several deaf students from Gallaudet University attended. People with physical and mental disabilities came as well as those who were HIV positive. Many were from Washington, DC and nearby Maryland and Virginia, while others traveled from Ohio, Pennsylvania, Delaware and Connecticut. Access Board Issues Accessibility Guidelines for Play Areas By Dave Yanchulis of The Access Board On October 18, 2000, the Access Board published accessibility guidelines for newly built or altered play areas under the Americans with Disabilities Act (ADA). The new guidelines specify the minimum level of accessibility required in the construction and alteration of play areas covered by the ADA. Published in the Federal Register, the rules’ scoping requirements tell what is to be accessible, and technical requirements explain how to achieve access. The guidelines cover play areas provided at schools, parks, child care facilities (except those based in the operator’s home, which are exempt), among others. Topics covered include: number of accessible play components, surfacing in play areas, ramp and transfer system access to elevated structures, and access to soft contained play structures. Supplementing the ADA Accessibility Guidelines (ADAAG) they are one of the first of their kind in providing a comprehensive set of criteria for access to play areas. The new guidelines are not mandatory until the Department of Justice (DOJ) incorporates them into its ADA standards, but in the interim, the public may consult them for providing access to playgrounds and play equipment. For further information or a copy of the guidelines, visit the Board’s web site at http://www.access-board.gov/news/playrule.htm. Copies also can be ordered by calling the Board’s publication line at (800) 872-2253 (voice) or (800) 993-2822 (TTY) and requesting publication S-39. Flag Pole Mom Ends Siege at School Dee Lesneski, mother of Ryan “Max” Lesneski, ended her 20 day protest to obtain educational services for her son who is a student of the McGuffey School District, Washington County in Southwestern Pennsylvania. Max, who is seven years old, is a child with multiple disabilities who requires special services to provide him with a free and appropriate public education. Dr. Lawrence O’Shea, Director of Special Education Services, intervened and resolved the barriers to agreement and consequently the “Flagpole Mom” left her post at the Blaine-Buffalo Elementary School on September 19, 2000. The services Max required were not being provided in his classroom. After exhausting procedural safeguards over a period of three years, Mrs. Deanna Lesneski launched a protest as a last ditch effort to move the school in the direction of Max’s needed services. Mrs. Lesneski tied herself to the flag pole on the school grounds and remained there in defiance of all efforts by the school and community to remove her. The necessary services she fought to obtain include administration of medical interventions and an aide skilled in sign language for communication and instructional needs. Many meetings were held during the 20 days to attempt to create a plan for the vital services that truly implemented the Federal Court negotiated settlement agreement. It was agreed Max will have a one-on-one translation and follow through with classroom instruction. Medical needs will be addressed by an LPN. Mrs. Lesneski has been engaged in repeated meetings with Commonwealth, Federal and School Officials, and in Court Proceedings without resolution until the involvement of the Intermediate Unit I. Other leadership assisting in the agreement include State Senator Stout and members of Tri-County Patriots for Independent Living. McGuffey School District has used tax dollars to pay the school district solicitor to resist providing the Federal Court negotiated services despite polices, laws, and litigation in place which specify Max’s right to the named services. These legal expenses have been expensive and futile. Sadly, squanderous legal efforts continued at the expense of every student and every taxpayer in McGuffey School District, the Commonwealth of Pennsylvania, and the United States. With Love and Thanks to the Disability Community, Dee Lesneski and Max Local MiCASSA Introduced in Washington DC Council On Tuesday, September 19, 2000, Councilman Jim Graham of Washington DC’s Ward 1 introduced the Medicaid Community Assistance Services and Supports Act (MiCASSA) at the City Council Chambers at 1 Judiciary Square. The bill was cosponsored by all DC Council Members that same day. The legislation requires the District of Columbia to give DC residents with disabilities on Medicaid the choice to receive services and supports in their own homes. Currently the District operates with the strongest institutional bias in the nation, paying for Medicaid recipients to live in a nursing home or other institution but not for the often less expensive services needed so that these people can live in their own homes. “Washington, D.C. has the highest proportion of young people in nursing homes of any place in the nation,” said Robert Coward, Chairperson of Capital Area ADAPT, a disability rights advocacy group. “Flaunting federal law and a Supreme Court decision, the District continues to warehouse people with disabilities in nursing homes where leading a productive life is next to impossible.” The Washington Post newspaper has carried several stories over the last year concerning young people with disabilities consigned to nursing homes. One concerned Bryant Lawson, the victim of gun violence. Jim Graham’s community based care bill would provide Mr. Lawson and over 1000 other DC citizens with disabilities the chance to lead a self-directed productive life. “There are several studies that show that, given the choice, no one wants to live in a nursing home,” said Coward. “It’s time that public policy reflected that fact, especially since services in the community cost less.” Capital Area ADAPT has worked with both the legislative and executive branches of the DC Government to get community based care legislation and policies. The DC Center for Independent Living supports Graham’s bill, as well. The San Jose Court Makes Eastwood’s Day Hollywood star Clint Eastwood was found liable for two violations regarding access to the hotel office at his historic hotel near Carmel - not enough signs to the restroom and no ramp access to the hotel office. The jury, after deliberating for four hours, ruled on Friday September 29th, 2000. However, the US District Court in San Jose also found that Eastwood does not have to pay damages to a disabled woman who says his Mission Ranch Inn violated the Americans with Disabilities Act, a jury found Friday September 29, 2000. According to the Associated Press, after the verdict was read, Eastwood shook hands with the jurors and gave them autographs. Visitability Ordinance Passes in Urbana, Illinois September 24, 2000, Urbana, Illinois became the first community in Illinois to pass a visitability ordinance. The ordinance was passed by the City Council by unanimous vote. The scope of the Urbana ordinance is almost identical to those in Atlanta and Austin (it does cover duplexes as well as single family homes constructed with City funds, however). The design and construction standards for visitable home are a bit more complex than those adopted by Atlanta and Austin and quite a few projects that have already been planned in the City are grandfathered and do not need to be visitable. However all future projects that involve funds flowing from or through the City are covered. This victory took about 2 years to realize and took a lot of effort by many people in the community. And, of course, Eleanor was an invaluable resource. This ordinance is on the Concrete change website at http://concretechange.home.mindspring.com Passages Georgia ADAPTer’s Remembered: Linda Stinson In September, Linda Stinson died. Linda became paralyzed 25 years go. She had her infamous blue van, the American Flags on her wheelchair, and her campaign slogan, “I’m not paralyzed from the neck up.” Her slogan provided an internal joke that her opponents were paralyzed from the neck up when it came to decision on disability/civil rights. Linda was a strong advocate for ICWP in which she was instrumental in getting started, but also received supports to live in her own home. Carolyn Varner On September 19th, Carolyn Varner died. Carolyn was 65. She was very active in ADAPT, lived in her own home and received support through the ICWP which she was instrumental in getting started. Carolyn had a strong spirit and passion for life, her smile and laugh were contagious. At one action in Florida, Carolyn had us piled in her van, and we drove for hours-and confronted the whole state! I remember we decided to “enjoy ourselves” on the way back- and we feasted at the ocean on wonderful seafood. Both Carolyn and Linda will be greatly missed. -Zan Thornton and Mark Johnson Address Service Requested. Support the work of ADAPT! Become Inciteful! Incitement will now be coming out on a quarterly basis. With all that is going on it is so important that you give all you can. Even though there is no mandatory subscription, it does cost money to keep the information flowing. Your contribution keeps the activist voice of ADAPT speaking out. Yes! I support ADAPT. Here is my contribution for Incitement: $10 $15 $25 $35 $50 $75 $100 $500 Other Your contribution is tax deductible. Make checks payable to: Topeka Independent Living Resource Center Name Address City State Zip Phone e-mail Send to: TILRC/Incitement 501 SW Jackson St Topeka, KS 66603 Hence to fight and conquer in all your battles is not supreme excellence; supreme excellence consists in breaking the enemy’s resistance without fighting. — Sun Tzu