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LIST OF ARTICLES

Connecticut Disability October 2005 Bulletin

Disabled Face Scarcer Jobs, Data Show

High Court Clashes Over Assisted Suicide

Lowering the Barriers for Disabled Visitors

US Census Bureau Facts About Disability

 

      Connecticut Disability Advocacy Collaborative Bulletin

Enhancing the effectiveness of disability activism by organizing and empowering individuals, families, groups and organizations

Disability Rights is a Civil Rights Issue

October, 2005

Disability Advocacy Collaborative Update
 
[PLEASE NOTE: SOME LINKS MISDIRECT.] 
 
Organizing continues across the state as the Collaborative seeks to create regional networks 
of disability activists. Networks are in various stages of development in the Mansfield area,
Groton/New London area, Hartford area, Waterbury area, Danbury area, Bridgeport/Stratford 
area, and the New Haven/Hamden area. Anyone interested in getting involved in a network near 
where you live contact Jayne Kleinman or Stan Kosloski at the addresses listed at the top of 
this newsletter.
 
The Collaborative Statewide Steering Committee has also organized five committees to begin 
planning for the Disability Convention, set for September 16, 2006 at the Hartford Expo Center. 
These committees are the Candidates Forum Committee, the Sponsors and Vendors Committee, 
the Agencies and Organizations Committee, the “Fun” Committee (to make sure participants 
enjoy themselves, and to provide activities for children), and the Public Relations and Fund 
Raising Committee.
 
New Jersey has run Disability Conventions for several years and two convention organizers
will visit us on Saturday, October 29 to share their experience. The event will be held at 
the Center for Disability Rights in West Haven (764A Campbell Avenue) from 1-3 pm.
Members of the State Steering Committee and the regional networks are invited to attend.
Watch for more news in the November Bulletin.
 
Building Code Challenged by Homebuilders
 
Every five years, the Connecticut Building Code is revised to incorporate changes in technology,
construction methods, standards, law and policy.  The latest revision has made its way through 
a lengthy process of public comment, review and deliberation by the Department of Public 
Safety’s Codes and Standards Committee.  The last phase of the approval process was scheduled 
to occur on September 27, 2005 when the legislature’s Regulations Review Committee took 
final action. While far from perfect, the proposed Code generally maintains good accessibility 
standards and merited adoption. Enter the homebuilders and their lobbyists.

While hardly a mandate for universal accessibility, the proposed code reflects a reasonable attempt to balance various competing factors, and to protect the public interest in safe, accessible and economically feasible construction.  However, well financed development interests (i.e., homebuilders) are opposing its requirements for accessible housing.  Citing much lower requirements for accessible multi-family housing in other states (2% - 5%), and the fact that other states do not require accessibility in townhouse construction, the home builders are urging legislators to strip those requirements from the proposed code before it is finalized. In response to the homebuilders’ lobbying efforts, the Regulations Review Committee rejected the Code as it was presented to them and asked the Department of Public Safety to consider revisions to the multi-family housing sections. The Committee also suggested that the homebuilders meet with access advocates to try to iron out differences.
The Collaborative will keep readers informed as the dialogue continues.

  Medicare Part D -The New Prescription Drug Bill

A new law known as the Medicare Modernization Act, or the MMA, will take effect January 2006, and many seniors and individuals with disabilities are concerned, and rightly so. As Medicare Part D takes effect, low-income persons will have their existing Medicaid drug coverage replaced completely by Medicare Part D private plans, with a new cost structure and new drug formularies. (drugs will no longer be available if they are not on your particular Part D drug plan's list).

The stated purpose of the Medicare drug benefit is to assist the senior population and individuals with disabilities in paying for their medications, not make paying for them more difficult. But read on…. The need for action is now!

Unless the state legislature acts before January by adopting a full "wraparound" approach, the 
combination of unaffordable co-payments and the use of "closed formularies" will present severe 
drug access problems for low-income Medicare recipients. On Friday, October 7, 2005, United 
Seniors in Action (USA) called on the state General Assembly to fix the problem 
when it goes into special session on Tuesday (10/11/05). Governor Rell has called the 
legislature into session that day to deal with campaign finance reform, but the agenda does 
not have to be limited to that topic.
 
There will also be an informational hearing on coverage gaps for Medicaid participants 
who, because they were dually eligible for Medicare, are being forced onto Medicare Part D, 
and stand to lose coverage.  The hearing will be held on October 19 at 1:00 pm in Room 1C 
at the Legislative Office Building in Hartford before the Select Committee on Aging, 
Human Services & Public Health.
 
And lastly, Kate McEvoy of the Connecticut Association of Area Agencies on Aging 
(CAAAA) is looking for stories from people currently on Medicaid or ConnPACE who 
will be negatively affected when the new Medicare Part D drug benefit goes into 
effect. It is entirely possible that drug coverage for certain "dual eligibles" (Medicaid recipients who
also are on Medicare) will end, while drug coverage under ConnPACE will become far more limited.  
 
Specifically, CAAA is asking for stories that identify situations in which:
 
a) dually-eligible individuals will be unable or will have great difficulty
 making the required co-payments ($1 to $5 per prescription);

b) dually eligible and/or ConnPACE participants require a certain drug and
 will be negatively affected because such a drug is either unavailable 
on a formulary or is later removed from the formulary of the plan that they 
have selected or requires a co-pay beyond their financial means;

c) ConnPACE participants will be unable to pay, or will have great difficulty 
in the gap period paying, the differential between the cost of their prescribed drug 
and a lower cost drug in the same therapeutic class, as will be required of them 
starting January 1st; or
d) individuals have in the past had to appeal a drug denial and can describe the 
difficulty of that process.
 
CAAA is also seeking individuals who would be willing to be profiled in their materials, are willing 
to speak to the press, and/or to be photographed (individuals should be made aware that they may
 be asked to use their names, town of residence, photo and if applicable to describe them as 
"low-income", and that AARP will be the organization contacting them).
 
Interested parties should forward a brief summary and contact information (name, town of 
residence, and telephone number) for any willing individuals to Kate at the following address: 
 
Kate McEvoy, J.D. - Assistant Director 
Agency on Aging of South Central Connecticut, Inc.
One Long Wharf Drive - New Haven, CT  06511 
Telephone: (203) 785-8533.

To obtain more detailed information about the new program go to: www.nsclc.org/issues_health_medicareD_con.htm .

 Beginning in mid-October, Medicare’s Web site, www.medicare.gov, and its 24-hour toll-free number, 1-800-MEDICARE (1-800 633-4227), will have specific information about the new program available  To get a plan that works beneficiaries should make a note of any current drug coverage, their prescription drugs and their preferences about pharmacies or additional coverage. A map of the prescription drug plan and Medicare Advantage plan regions can be found at www.cms.hhs.gov/medicarereform/mmaregions/. For more information, go to www.cms.hhs.gov/map/map.asp .

 Congratulations to FAVOR, Inc.!

FAVOR, Inc., whose primary purpose is to foster the strengthening and expansion of the children’s mental health family movement in Connecticut, was notified last week that they are the recipient of a $165,000 grant from the U.S. Department of Health and Human Services to develop a Family to Family Information and Education Center. The award is a part of the federal government’s initiative to implement Systems Change strategies throughout the United States. The grant will allow FAVOR to provide information, education, and training opportunities for families with “special health care needs”. For more information contact Molly Cole at FAVOR, Inc.-2138 Silas Deane Highway - Rocky Hill, CT 06067. Phone: (860) 563-3232. Email: favorct@aol.com.

 UPCOMING EVENTS

 Special Ed Training Opportunities

 AFCAMP (African-Caribbean-American Parents of Children with Disabilities, Inc.) is sponsoring 
a series of events for parents and advocates using the USE (Understanding Special Education) 
model. The events will run on October 13, 20, and 27 from 5-8 pm at HARC, located at 
900 Asylum Avenue in Hartford. Advance registration is required, so call 860-297-4358 if 
interested in attending. Transportation is available for residents of Hartford, and child care will 
be provided.
Call AFCAMP at 860-297-4358 for more information, or to register.
 

Career Success Workshop

for College Students and Alumni with Disabilities

October 19, 2005
Alumni Hall
Central CT State University – New Britain
1:00 p.m. – 3:00 p.m.

§          Learn how to market your abilities to a wide variety of potential employers

§          Develop critical networking skills

§          Sharpen resume writing and interviewing skills

§          Gain valuable job search strategies

§          Explore important questions:  Should I disclose a “hidden” disability to a potential employer?  Do I need accommodations in the workplace?  Would assistive technology
help me succeed on the job?

The Career Success Workshop will be followed up with a Career Fair on Wednesday, November 9, 2005. To register for the Career Success Workshop, please RSVP by calling the CCSU School of Business at  (860) 832-3205.

 Community Assets

 On October 19-21, the Northeast Assets Leadership Project will sponsor a leadership forum at the Four Points Sheraton Hotel in Meriden. Jody Kretzmann, Co-Director of the Asset Based Community Development (ABCD) Institute at Northwestern University in Chicago, and Mike Green, faculty member at the ABCD Institute, are among the speakers. A track dedicated to those interested in the ABCD basics will be offered, as well as “advanced labs” for experienced practitioners.
For more information, e-mail or call John Walker (207-799-2580) or jwalker3@maine.rr.com
or Greg Ryan (860-571-8463) or
ryan@ctassets.org.  

 
Employment Awareness Month Celebration
 
The State Bureau of Rehabilitation Services will celebrate Employment Awareness Month by 
featuring John Kemp as the Keynote Speaker on October 25, 2005. The event will be held at the 
new Connecticut Convention Center and will run from 8:30 am – 3:00 pm. Kemp is a widely 
respected attorney and advocate. 
For more information contact Nora Bishop at 860-424-5047.
 

Towards Civic Responsibility

 An exciting conference on the ADA and municipalities will be held at UConn Law School in  Hartford on October 27 (9:00 am – 3:30 pm). The keynote address will be given by John Wodatch, the chief of the Disability Rights Section of the Civil Rights Division of the U.S. Department of Justice. Wodatch was a chief developer of the Sec. 504 and ADA regulations.

 Breakout sessions topics include: employment issues, making recreation and events accessible, 
emergency planning, law enforcement and individuals in psychiatric crisis, website access, and 
zoning issues. The target audience for this event is municipal leaders and municipal attorneys 
but is open to anyone interested in these topics. Please encourage your local municipal officials 
to attend. If you have any questions please contact Michelle Duprey at 203-946-7651 or email 
adaconference@sbcglobal.net . The cost is $35 per person.

Connecticut Housing Coalition - Annual Conference

The Connecticut Housing Coalition's Annual Conference is being held on October 27 at the new Convention Center in Hartford (8:15 am – 5 pm). The Connecticut Housing Coalition represents a broad network of community-based affordable housing activities across the state. The 250-plus member organizations that comprise the Coalition include non-profit developers, human service agencies, resident associations and other housing practitioners and activists. Founded in 1981, the Coalition is the primary communication link for local housing efforts, and is the mechanism through which organizations and individuals concerned about housing share information and advice, learning from each other's experiences. Their annual conference is the state's largest gathering of affordable housing professionals, resident leaders and other housing activists.

The Coalition is located at 30 Jordan Lane in Wethersfield and can be reached at 860-563-2943.

DD Council Workshops

A reminder: the Connecticut Council on Developmental Disabilities is offering two workshops that may be of interest to parents, adults with disabilities, and advocates:

 Tuesday, October 25, 2005

"Adaptive Strategies for Families Who Have Children with Impairments for Working with Schools." This workshop will focus on assisting families to build better relationships with their school systems. Time: 10:00 a.m. to 2:00 p.m. - Tuition: FREE

Registration Deadline: October 18, 2005.  Limited to 50 participants.

Presenters: Ed Wilson has worked in human services for 17 years, the last 7 years working with families, students and school systems in Massachusetts.  Carl Cignoni has worked in the field for 30 years in a variety of roles, currently with children in schools, in direct service, with families, and in planning with school systems in Massachusetts.   

 

Tuesday, November 1, 2005

"Carrying A Big Stick:  Issues Of Power And Control That Lead To Violence In Human Services." This workshop is a follow up to the Council’s May 2005 workshop on “Restraints.” Time: 10:00 a.m. to 4:30 p.m. - Tuition: FREE – Registration Deadline: October 26, 2005.  Limited to 50 participants.

Presenter: Marc Tumeinski is the Training Coordinator of the SRV Implementation Project in Massachusetts and he is a service worker.  He supports people with physical and intellectual impairments at home, school and work.

 

For more information contact Ed Preneta at the DD Council at: ed.preneta@po.state.ct.us.

 

National Association for Rights, Protection and Advocacy Conference

“Reclaiming Freedom: A CALL TO ACTION” is being held on November 17-20, 2005 at the Sheraton Hartford Hotel.  Keynote speakers will include Judi Chamberlin, a psychiatric survivor and activist since 1971, an author - “On Our Own: Patient-Controlled Alternatives to the Mental Health System” - and the co-founder of the National Empowerment Center; Professor David Cohen, Ph.D. an author, researcher, and expert on psychiatric medications; Peter Cubra, J.D., Children's Rights Attorney and Founder, Advocacy, Inc. - Albuquerque, NM; Aaryce Hayes, M.S.W. from Advocacy, Inc., Texas; and Mark Davis, Advocate and a 20-year veteran of the consumer/survivor movement.

For a complete listing of workshops and presenters contact NARPA via the web www.narpa.org/narpa.2005.htm or call 334-491-6277.

SRV Events in Massachusetts

The SRV (Social Role Valorization) Implementation Project and the Massachusetts Alliance for Personal Action are offering several events for human services workers over the next several months. The events will lay out a helpful framework for service workers to use in implementing relevant and effective service in the lives of vulnerable, socially devalued people. Four-day workshops on “Introduction to Social Role Valorization” will take place in Massachusetts on February 6-9, 2006, and April 3-6, 2006. A practicum with SRV using the PASSING tool will be held November 13-18, 2005. This 5 ½ day event, done in teams, will give participants an opportunity to work with the ideas of SRV to craft a vision of good service, and is particularly helpful for those designing services and/or assessing service quality.

For more information call Carl Cignoni at 413-320-5367 (cvcignoni@msn.com) or Jack Yates at 508-946-9718 (yatessns@aol.com).  

 Discouraging News

Despite the ADA and the concerted campaign of disability leaders, the number of people with disabilities who have jobs continues to drop.  A report to be released this week by Cornell University's Employment & Disability Institute shows that the employment rate has fallen from 40.8% in 2001 to 38.3% in 2004.

Among the reasons for the falling numbers are the outsourcing of jobs overseas and the increase in low-paying service jobs that don't offer adequate health-care coverage.

Sadly, the statistics reflect a long-term trend.  Notes Andy Imparato, President and CEO of the American Association of People with Disabilities, "The employment rate for people with disabilities hasn't improved in the last twenty years, even when times were good." 
You can read more in a Wall Street Journal article of October 5, 2005.
[SEE ARTICLE BELOW.]

 Disability Rights Rally

A disability rights rally was held on October 5 in Washington, D.C. prior to oral argument before the Supreme Court on two major disability cases: Gonzales v. Oregon (assisted suicide) and Schaffer v. Weast (burden of proof in education cases).

Activists from the group Not Dead Yet showed their opposition to the physician assisted suicide law. As reported in the New York Times, Carrie Ann Lucas, an advocate for people with disabilities who lives in Denver, said she came to Washington because she believed that the medical system would abuse such laws. "People with disabilities are devalued by doctors, by nurses, by hospitals and by H.M.O.'s," she said. In a narrow sense the debate was over states' rights, Ms. Lucas said. But because the civil rights of people with disabilities were at stake, she went on, that should tip the balance against the Oregon measure.

Schaffer v. Weast, the Court heard oral arguments on the burden of proof in special education cases. In a dispute between parents and school officials, should schools be required to prove that the plans they propose are adequate and appropriate, or should the burden of proof rest with the families?

For more information on Gonzales v. State of Oregon go to www.notdeadyet.org/docs/ gonzalesbkgd091405.html ,and for information on Schaffer v. Weast go to www.wrightslaw.com/news/05/schaffer.oral.argument.htm.

 Current Threats to Ventilator Users in Cost-Cutting Proposals from
Medicaid and Other Medical Insurance
 

State governments in the United States are currently under intense pressure to limit or reduce Medicaid expenditures. The Post-Polio Organization is asking that we make our voices heard or there may be serious consequences for ventilator users -- new restrictions that limit their access to community-based care and independent living arrangements. The International Ventilator Users Network is urgently concerned about these developments, and seeks support for a resolution developed by its Consumer Advisory Committee. The resolution regarding “Current Threats to Ventilator Users in Cost-Cutting Proposals From Medicaid and Other Medical Insurance,” is online www.post-polio.org/ivun/index.html .

 Kathleen Martinez Appointed Executive Director of
World Institute on Disability

Kathy Martinez has been named Executive Director of the World Institute on Disability. "I am truly honored to be selected to direct this organization of innovators and mavericks who, since WID's beginnings have been unafraid to create and test new ways to reduce the obstacles facing people with disabilities." Blind since birth, Martinez, 47, is an internationally recognized disability rights leader specializing in employment, asset building, independent living, international development, and diversity and gender issues. Since 2000 Kathy has supervised WID's technical assistance, international employment, poverty reduction and training projects. She is one of 15 Presidentially appointed members of the National Council on Disability, an independent federal agency, and has just been appointed one of eight public members on the State Department's Committee on Disability and Foreign Policy.  
Based in Oakland, California WID is an influential public policy and research center, founded in 1982 by international disability rights and independent living leaders. More information about WID can be found on their web site: www.wid.org .

 ADAPT Gets Commitment from HUD Secretary Jackson
on Voucher Implementation
 

Just to be sure HUD Secretary Alphonso Jackson got that ADAPT wants HUD vouchers for people transitioning out of nursing homes and institutions into community living, ADAPT delivered the message simultaneously at Jackson's home in Alexandria, Virginia, and HUD headquarters in Washington, D.C. On September 20th the strategy paid off when Secretary Jackson came down to HUD plaza to personally meet with protestors, and commit to work with ADAPT on voucher implementation.

 "We are pleased that Sec. Jackson did what no HUD Secretary before him has done, namely, come to us in the street, outside the HUD fortress, and pledge to work together to improve the lives of people with disabilities." According to Shona Eakin, Pennsylvania ADAPT Organizer. "We have made real progress in recent years getting people out of nursing homes using our own ingenuity, perseverance, and the Medicaid System Change Grants. Lack of accessible, affordable, integrated housing remains the greatest barrier to community living for people who are currently warehoused in nursing homes and other institutions.”

 The dearth of housing surpasses even the universal lack of adequate community based services and supports. According to statistics compiled by the Centers for Medicare and Medicaid, more than 300,000 of the million and a half people in the nation's nursing homes want to move back into the community. That will only be possible with enough accessible, affordable, integrated housing, and community-based services and supports. For more information contact Bob Kafka 512-431-4085 or Marsha Katz 406-544-9504, or go to the ADAPT website: www.adapt.org/ .

 Canadian Association of Broadcasters (CAB) to Develop Broadcaster Tool Kit on Persons with Disabilities in TV

The Canadian Association of Broadcasters (CAB) submitted to the Canadian Radio-Television and Telecommunications Commission (CRTC) its research report titled “The Presence, Portrayal and Participation of Persons with Disabilities in Television Programming”. The Report provides extensive detail on the issues and barriers facing persons with disabilities, in society and in television programming alike. It further provides a series of recommendations for the development of a broadcaster tool kit to help promote greater inclusion of persons with disabilities within the broadcasting industry, and to address issues of presence and portrayal on-screen. The 100-page report and research study is the culmination of the work set out in the CAB Action Plan submitted to the CRTC in August 2004. The full report and research study can be found at: www.cab-acr.ca/english/social/diversity/disabilities.shtm .

Right to Travel with a Service Animal in the Airline Cabin
Threatened by DOT Proposed Rule

The United States Department of Transportation has issued proposed rules permitting airlines to charge disabled passengers traveling with large guide, hearing or service dogs for an extra seat. The International Association of Assistance Dog Partners (IAADP) is quite upset by this turn of events, and has suggested the following alternative language be substituted: "You may offer the passenger sitting in a seat adjacent to the disabled passenger traveling with a large service animal a seat in the same class of service in another part of the cabin.  If no seats are available in that class of service, you may ask for a volunteer willing to occupy the seat next to the disabled passenger requiring sharing of leg room. If no volunteer is forthcoming and seats are available in another class of service in another part of the cabin, you may ask the adjacent passenger or the disabled passenger to occupy a seat in that other class of service." These suggestions would place no financial burden on the airlines nor would it inconvenience other passengers according to the IAADP. The organization feels that political pressure may be the only viable approach to change the rules.

 New PAS Users and Nursing Home Resources
Available on the Center for PAS Website

The Center for Personal Assistance Services website has a newly revised home page designed for PAS users. The site provides information and resources to assist in living independently, as well as provide a place for PAS users to learn from experts and each other. For more information, go to http://pascenter.org/pas_users/index.php .

The website also has a new Institutional Services page that provides links and a library on nursing home information. The Center feels that in order to better understand home and community services, it is useful to compare these services to institutional care. The PAS Center has therefore developed this section to provide detailed information on nursing homes and other institutional services. The information includes statistics on the supply, residents, and quality of services by states and across the nation. For specific questions about institutional care, please contact the Center. For more information, go to www.pascenter.org/nursing_homes/index.php .

 

Please relay this Bulletin to your membership including those who do not have email access. Suggest your membership go to the library and go onto www.kleinmanconsulting.com to view or print a copy. If you would like to see previous issues of the Bulletin, read about the background of the Collaborative or if you would like to be added to the mailing list, you may also go to www.KleinmanConsulting.com. 

How can you find your federal Representatives and Senators? Go to  www.congress.org and find the box under the heading “Write Elected Officials.” Type in your Zip code and press the “Enter” key. Then, when the names of your elected officials come on the screen, click on the word “Info” under the name of the elected official you want to contact. The telephone number will be listed on the page that comes up next. You may also call the U.S. Capitol Switchboard at 1-888-818-6641.
The
best way to contact your Member of Congress is via phone (or ideally in person). The best time to call either in CT or in Washington, D.C. is early in the morning.

Go toTop

October 5, 2005
Wall Street Journal

Disabled Face Scarcer Jobs, Data Show

By Kris Maher

          Outsourcing and the growth of low- paying service positions are likely to make it tougher for disabled workers in the U.S. to find jobs, despite advances in technology and more favorable attitudes among employers, experts say.

          According to a report to be released today by Cornell University, based on Census Bureau data, the employment rate for Americans age 21 to 64 with sensory, physical, mental, or self-care disabilities fell to 38.3% in 2004, from 40.8% in 2001.

        Disability researchers say the data offer a clearer picture of the situation than previous statistics from the Labor Department’s Current Population Survey, because the new data rely on a larger sample size and a more precise definition of disability. “A lot of people have been hammering the CPS for a long time for not being very accurate,” says Andrew Houtenville, senior research associate at Cornell’s Employment and Disability Institute. “This really says things are indeed getting worse” for disabled workers.

        Doug Kruse, an economist at Rutgers University, says disability benefits keep some disabled workers from accepting jobs, because they can lose several hundred dollars a month in Social Security Disability Income after earning more than $830 a month for nine months. “That’s a whale of a disincentive to work,” says Mr. Kruse.

        Others say that outsourcing abroad has cut jobs often done by the disabled, such as call-center positions. “Unfortunately [moving jobs overseas] means that blind and visually impaired people are not doing those jobs” in the U.S., says Karen Wolffe, director of the professional development department at the American Foundation for the Blind.

        In January, Doug Schalk lost his position as a customer representative at Vanguard Car Rental USA Inc.’s Alamo Rent A Car, when the company transferred his call center’s work to India and a different location in the U.S. Mr. Schalk, who is blind, was able to land a job with Willow CSN Inc., a Miramar, Fla., company that manages call centers through a network of about 2,000 home-based workers. But he says that six of 10 blind former coworkers remain unemployed

        The employment figures highlighted by the Cornell study are consistent with long-term job trends for disabled workers. “The employment rate for people with disabilities hasn’t improved in the last twenty years, even when times were good,” said Andrew Imparato, president and chief executive of the American Association of People with Disabilities, an organization with 115,000 members.

        Mr. Imparato and other disability advocates blame a variety of factors, including inadequate job training and negative attitudes among some hiring managers. But they also point to more recent employment trends, such as the abundance of low-paying service-sector jobs that often don’t provide adequate health benefits to meet disabled workers’ needs.

Go toTop

High Court Clashes Over Assisted Suicide

High Court Clashes Over Ore. Law That Lets Doctors Help
Terminally Ill Patients End Their Lives

By GINA HOLLAND

The Associated Press

WASHINGTON - New Chief Justice John Roberts stepped forward Wednesday as an aggressive defender of federal authority to block doctor-assisted suicide, as the Supreme Court clashed over an Oregon law that lets doctors help terminally ill patients end their lives.

The justices will decide if the federal government, not states, has the final say on the life-or-death issue.

It was a wrenching debate for a court touched personally by illness. Roberts replaced William H. Rehnquist, who died a month ago after battling cancer for nearly a year. Three justices have had cancer and a fourth has a spouse who counsels children with untreatable cancer.

The outcome is hard to predict, in part because of the uncertain status of retiring Justice Sandra Day O'Connor who seemed ready to support Oregon's law. Her replacement may be confirmed before the ruling is handed down, possibly months from now.

Roberts repeatedly raised concerns that a single exception for Oregon would allow other states to create a patchwork of rules.

"If one state can say it's legal for doctors to prescribe morphine to make people feel better, or to prescribe steroids for bodybuilding, doesn't that undermine the uniformity of the federal law and make enforcement impossible?" he asked.

The Supreme Court eight years ago concluded that the dying have no constitutional right to doctor-assisted suicide. O'Connor provided a key fifth vote in that decision, which left room for state-by-state experimentation.

The new case is a turf battle of sorts, started by former Attorney General John Ashcroft, a favorite among the president's conservative religious supporters. Hastening someone's death is an improper use of medication and violates federal drug laws, Ashcroft reasoned in 2001, an opposite conclusion from the one reached by Attorney General Janet Reno in the Clinton administration.

Oregon won a lawsuit in a lower court over its voter-approved law, which took effect in 1997 and has been used by 208 people.

The Supreme Court appeared sharply divided in hearing the Bush administration's appeal.

Justice Ruth Bader Ginsburg, who has had colon cancer, talked about medicines that make a sick person's final moments more comfortable. David Souter, in an emotional moment, said that it's one thing for the government to ban date rape drugs and harmful products but "that seems to me worlds away from what we're talking about here."

On the other side, Roberts and Antonin Scalia appeared skeptical of Oregon's claims that states have the sole authority to regulate the practice of medicine.

Roberts, 50, was presiding over his first major oral argument and thrust himself in the middle of the debate. Over and over he raised concerns that states could undermine federal regulation of addictive drugs. He interrupted Oregon Senior Assistant Attorney General Robert Atkinson in his first minute, then asked more than a dozen more tough questions.

Roberts said the federal government has the authority to determine what is a legitimate medical purpose and "it suggests that the attorney general has the authority to interpret that phrase" to declare that assisted suicide is not legitimate. Roberts asked three questions of the Bush administration lawyer, noting that Congress passed one drug law only after "lax state treatment of opium."

"I was wondering if the new chief would hold back and wouldn't ruffle other people's feathers. It appears clear he's not waiting for anything or anyone," said Neil Siegel, a law professor at Duke University and a former Supreme Court clerk.

The two justices who seemed most conflicted were Anthony Kennedy and Stephen Breyer. Breyer's wife counsels young cancer patients. Besides Ginsburg, the justices who have had cancer are O'Connor and John Paul Stevens.

"For me, the case turns on the statute. And it's a hard case," Kennedy told the Bush administration's lawyer, and later he asked about the "serious consequences" of curbing federal government authority in regulating drugs.

Solicitor General Paul Clement said, "If this court makes clear that state law can overtake the federal regime, I think it at least creates the potential for there to be a lot of holes in the regime."

Justice Clarence Thomas, as is his usual practice, asked no questions. He could be sympathetic to Oregon. He was one of three justices who said in a summer decision that the federal government should not interfere with state medical marijuana laws. The other two were O'Connor and Rehnquist.

If O'Connor is the deciding vote in the case, the court would probably delay the decision and schedule a new argument session after the arrival of the new justice. On Monday Bush named White House lawyer Harriet Miers to replace O'Connor.

Dozens of spectators gathered outside the court, waving signs supporting and opposing the Oregon law. "My Life, My Death, My Choice," read one sign. "Oregon Law Protects Doctors Not Patients," said another.

Oregon is the only state with an assisted suicide law, but other states may pass their own if the court rules in the state's favor.

The case is Gonzales v. Oregon, 04-623.

Associated Press Writer Matthew Daly contributed to this report.

On the Net:

Supreme Court: http://www.supremecourtus.gov/

September 11, 2005, NY Times
Lowering the Barriers for Disabled Visitors
By AUSTIN CONSIDINE
http://travel2.nytimes.com//2005/09/11/travel/11prac.html

From 9/15/05 email

 ROSANGELA BERMAN-BIELER brings a certain sensitivity to her work as an expert on disability issues in the Caribbean for the World Bank. Ms. Berman-Bieler, who lives in Washington, is also a quadriplegic who relies on a wheelchair. Just getting off a plane in a place like St. Lucia, she said, presents problems because there are no Jetways.

"I had to be carried down the stairs by the personnel at the airport," she said about her arrival at the Hewanorra International Airport in April. Being carried by airport personnel who are normally not trained for disabilities, she said, means "putting in jeopardy our lives and their backs."

 Her experience was not unusual, according to a study of disabled travelers released last month by the Open Doors Organization; (773) 388-8839, www.opendoorsnfp.org, a nonprofit group based in Chicago, with the Travel Industry Association of America. More than 21 million disabled people have traveled the last two years, according to the study. Of the 1,373 adults who were surveyed online and by telephone, 82 percent had problems at airports and 60 percent said they had problems with accommodations.

Yet the number of vacations taken by disabled people rose 50 percent from 2002, when Open Doors first studied the issue. Disabled adults spend an estimated $13.6 billion a year on travel, the study said. And the Caribbean ranked fourth, behind Canada, Mexico and Europe, as their most popular international destination.

 In recent years, spurred by advocacy groups, an aging baby-boomer population and a Supreme Court ruling in June that required cruise ships to follow the accessibility standards set by the Americans With Disabilities Act of 1990, many businesses, and a few local governments, have begun to make the Caribbean more handicapped-accessible, according to advocates for people with disabilities.

Businesses on the United States Virgin Islands, for example, have taken some initial steps to comply with the disabilities act.

 "Many resorts offer A.D.A.-compliant rooms with amenities such as grab bars in the bathrooms, extrawide entryways, reserved parking, ramps and guardrails," said Luana Wheatley, marketing director for the United States Virgin Islands Hotel and Tourism Association; (304) 774-6835; www.virgin-islands-hotels.com.

 Cruising is a popular way for disabled travelers to reach the Caribbean, partly because some lines have been building increasingly accessible ships. According to the 2002 Open Doors study, 12 percent of disabled adults had taken a cruise in the previous five years, compared with 8 percent of all travelers.

The bigger problem for disabled travelers is what happens after they arrive. When it comes to infrastructure - including sidewalks, streets, and access to public buildings and landmarks - the Caribbean has a very long way to go.

 "Some of the islands are so poor that I'm sure they don't put it on their radar screen because there are so many other things they have to do, like health care," said Ilene Zeitzer, executive director for the United States International Council on Disabilities, a nonprofit group in Washington; (202) 319-9199; www.usicd.org. Which is what motivates people like Ms. Berman-Bieler. Her current project at the World Bank involves studying ways to improve accessibility at tourist facilities on St. Lucia.

 There are encouraging examples however. St. John in the Virgin Islands has begun an initiative to make the entire island accessible. It is working with the Rhode Island-based design firm Multi, Design for People, local and regional officials and businesses like Concordia Campgrounds; (800) 392-9004; www.maho.org.

Other islands are making progress, too. Jamaica "boasts a high level of accessibility to persons in wheelchairs," said Leslie Emanuel of Disabled Peoples' International, a network of advocacy groups. Mr. Emanuel, himself a wheelchair user who lives in St. John's on Antigua, also praised the efforts of Port-of-Spain in Trinidad and the level of accessibility on French-owned St. Martin.

Aruba and Bonaire are also making improvements. The tourist area on Aruba, for instance, was developed on level ground, with ramps wherever needed, said Jani Nayar, executive coordinator for the Society for Accessible Travel and Hospitality, a nonprofit organization in New York; (212) 447-7284; www.sath.org. A spokeswoman for Bonaire said all sidewalks in the capital, Kralendijk, were wheelchair accessible.

 Among the Caribbean hotels that have taken the initiative in recent years is the Martineau Bay Resort and Spa in Vieques, P.R.; (787) 741-4100; www.martineaubay.com. It opened in 2003 and was built with the idea of ensuring wheelchair accessibility. Three of the 138 rooms are equipped with low towel racks and roll-in showers.

The Divi Flamingo Beach Resort, (800) 367-3484, www.divibonaire.com, on Bonaire, has five accessible sea-diving boats, which have specially trained staff members to assist people with disabilities. The resort also overhauled its eight disability-accessible rooms (out of 129) in 2002 to make them more compliant with the Americans With Disabilities Act.

Transportation on the islands often leaves the most to be desired, advocates for disabled people say. But small businesses are stepping up to fill the void. One example is Foster-Ince Cruise Services, (246) 431-8915, www.foster-ince.com, in Barbados, which recently added a wheelchair lift-equipped bus to its fleet. Another is Accessible Adventures, (340) 775-2346, www.accessvi.com, a St. Thomas company, founded in 2003, which provides lift-equipped trolleys and buses and rents specialized beach wheelchairs.

Such groups as the Caribbean Tourism Organization, (212) 635-9530, www.doitcaribbean.com, a marketing agency that represents over 30 countries, say they are working to make sure the momentum from early efforts continues.

"C.T.O. will ensure that our members understand and appreciate the growing importance of this issue," said Vincent Vanderpool-Wallace, the group's secretary general, "and that they need to put additional resources into it."

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Frequently Asked Questions

US Census Bureau Facts About Disability

Celebrating the 15th Anniversary of the Americans with Disabilities Act

On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act, guaranteeing equal opportunity for people with disabilities in public accommodations, commercial facilities, employment, transportation, state and local government services and telecommunications.

Population Distribution

37.5 million -- Number of people age 5 and over in the civilian noninstitutionalized population with at least one disability, representing 14 percent. These individuals fit at least one of the following descriptions: they are 5 years old or older and have a sensory, physical, mental or self-care disability; they are 16 years old or older and have difficulty going outside the home; or they are 16 to 64 years old and have an employment disability.

By Age and Sex

8 percent of boys and 4 percent of girls ages 5 to 15 have disabilities.

12 percent of men and 11 percent of women ages 16 to 64 have disabilities. This apparent difference is not statistically significant.

42 percent of women and 38 percent of men 65 or older have disabilities.

42% -- Percentage of working-age men (21 to 64) with disabilities who are employed. For women, the rate is 34 percent. Altogether, 4.0 million men and 3.5 million women with disabilities are employed.

847,000 -- Number of people ages 18 to 34 who have disabilities and are enrolled in school. They comprise 5 percent of all students in this age group. The majority of this group (567,000) attend college or graduate school. For further information on the data appearing in the Population Distribution section, see U.S. Census Bureau - Disability - 2003 American Community Survey (ACS) This link will open a new browser window. (www.census.gov/hhes/www/disability/2003acs.html).

Specific Disabilities

10.8 million -- The number of people age 5 or older with a sensory disability involving sight or hearing. This group accounts for 4.1 percent of the civilian noninstitutionalized population age 5 or older.

23.6 million -- The number of people age 5 or older with a condition limiting basic physical activities, such as walking, climbing stairs, reaching, lifting or carrying. This group accounts for 9.0 percent of the civilian noninstitutionalized population age 5 or older.

13.5 million -- The number of people age 5 or older with a physical, mental or emotional condition causing difficulty in learning, remembering or concentrating. This group accounts for 5.1 percent of the civilian noninstitutionalized population age 5 or older.

7.0 million -- Number of people age 5 or older who have a physical, mental or emotional condition causing difficulty in dressing, bathing or moving around inside the home. This group accounts for 2.7 percent of the civilian noninstitutionalized population age 5 or older.

10.7 million -- Number of people age 16 or older who have a condition that makes it difficult to go outside the home to shop or visit a doctor. This group accounts for 4.9 percent of civilian noninstitutionalized people who are of this age.

11.8 million -- a Number of people ages 16 to 64 who have a condition that affects their ability to work at a job or business. They account for 6.4 percent of civilian noninstitutionalized people in this age group. For further information on the data appearing in the Specific Disabilities section, see U.S. Census Bureau - Disability - 2003 American Community Survey (ACS) This link will open a new browser window. (www.census.gov/hhes/www/disability/2003acs.html).

Earnings and Education

$33,109 -- According to the March 2001 supplement to the Current Population Survey, these are the mean earnings in 2000 of year-round, full-time workers 16 to 64 with work disabilities. By comparison, those without work disabilities earned an average of $43,269.

72 percent -- Percentage of people 16 to 64 with work disabilities who had high school diplomas or higher education in 2001.

11 percent -- Percentage of people 16 to 64 with work disabilities who had college degrees or more in 2001.

Serving Our Nation

2.5 million -- Number of veterans who received compensation for service-related disabilities as of 2003. Of these vets, 414,000 served in World War II; 164,000 in Korea; 848,000 in Vietnam; and 476,000 in the Persian Gulf (the data cover service from Aug. 2, 1990 to Sept. 30, 2003). See Table 515 at U.S. Census Bureau - Statistical Abstract of the United States This link will open a new browser window. (www.census.gov/prod/www/statistical-abstract-04.html).

Source: Access New England, Summer 2005: Vol. 9, No. 3:4-5

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