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LIST OF ARTICLES
Connecticut Disability October
2005 Bulletin
Disabled Face Scarcer Jobs, Data Show
Lowering the Barriers for Disabled Visitors
US Census Bureau Facts About Disability

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.
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!
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:
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
.
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.
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.
“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)
(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)
(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
(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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