Today is the international day of the disabled!!! Wow we get one whole day what happens the other 364?

The United nations has declared today the international day of the disabled and today the UN will vote on a message to the world to put in place laws everywhere for we the dis and otherwise abled to have equal rights.

Sounds like a shoe in doesn’t it? I mean who wouldn’t want that? well I can tell you the newyork landlords association and the American retailers association the New York taxi cab owners association and the groups who own private buses for hire and the restaurant owners association, the hotel and bar owners association just to name a few. I could keep going on because all these groups have hired lobbyists to jump into action, whenever the topic is brought up.

In the recent election debacle Romney said he thought the Americans with disabilities act was oppressive and unnecessary.

What kind of world do we live in where human rights decency and giving everyone a fair go are considered oppressive?

Politicians play to the crowd, and I can tell you according to the vox populis we the disabled do nothing, go nowhere and we have people to wipe our collective asses and clean the dribble from our chin while they spoon feed us.

Whenever I am at the climbing gym I can guarantee someone will comment “Oh wow surely your people can’t climb?” Or “oh poor thing it must be hard watching others climb bet you wish you could”

Giving us a National day is both a good thing and a bloody horrible thing,the good is the media pays attention but the horrible is the rest of the year you are pushing shit uphill for a teen with camera phone to pay attention let alone a major media outlet  because disabled  doesn’t sell!

John Mc Cain today made a long flowery speech in support of us today, and would have raised his hands in praise  if he could get them past his elbows. Yet just a month ago he is on record agreeing with the Romney-bot   that equal rights for us were oppressive?

So If you are disabled or love someone who is or god forbid are both a loving caring compassionate human and vote, tell your senator and congress and councilman or woman to get off their asses and support the disabled. To the war mongers who bought the “weapons of mass destruction” bullshit and sent our boys and girls off to this war if you sent them to war and they came home broken and you don’t support equal rights for them I’ll vote your ass out of office.

I am off to Manhattan  right now,  and I can assure you  that there will be at least a dozen episodes  of abuse and stupidity, that’s not a problem that’s just a Monday. It would be great if they actually could read signs that say “PLEASE ALLOW WHEELCHAIRS ON FIRST” or “THESE SEATS ARE FOR THE DISABLED AND ELDERLY”  or if they could read the 2 inch high bright white sign on Zeus’s back and right and left side that read SERVICE DOG  and not think a service dog  is a breed that  were just so proud of we put it on a vest.

We have rights folks,

 We have the right to be treated with decency

, We have the right not to be abused

We have the right to not be assaulted

 We have the right to not be refused entry because your fragile sensibilities are offended

They are just the ones that being born should guarantee us, without even getting into actual federal and state laws.

But here’s a concept COMMON DECENCY TOWARDS ALL, try it on the next person you see who is disabled, who knows you might like the way it makes you feel.

Today and every day RESPECT OUR EXISTANCE OR RESPECT OUR RESISTANCE

Brooklyn bridge contractor uses his flashing light and police window pass to illegally block disabled ramp in queens?

As anyone else with wheels under their asses knows rolling our great nations sidewalks is hard enough when their cracked or broken, but what makes it worse is getting to the side street to find no down or up ramp or even worse a car parked across it illegally what do you do?

Well I have been known to read the riot act to the driver in anyone of a dozen languages but of late I have been trying really hard, (honest tsultrim) to keep my Buddhist vow of non violence.

Well this Sunday it was my favorite time of the week, it was poppa time? What time you say? poppa time it is when Ella (she who must be obeyed) and I roll to her father’s place, we sit we talk in Russian and he remembers. Sometimes we cry when he remembers momma his late wife, and he asks if Ella is looking after me properly so I tease and say no she is terrible and we laugh, it is the bright light in my week.

To get to poppas we have to roll ½ a block to parsons boulevard then turn left roll down 6 blocks( that’s 6 side streets to cross ) and turn right 7 blocks (7 more side streets ) to Kissena boulevard and then 1 more block and were there .

That’s 15 street crossings, if the local council remembered and didn’t slack off there should be 15 down ramps and 15 up ramps there never is. The only thing worse than no ramp or a broken ramp is when thoughtless individuals park on the cross walk and slack uncaring ticket writers do nothing and I am left on a 12 inch high curb unable to cross unless I roll over the top of the car.

Well not only did this happen it happened when a member of a Zen Buddhist temple (in name only the place is a sham) pulled up in a government car, placed his “BROOKLYN BRIDGE MAINTENANCE CONTRACTOR ON OFFICIAL BUSINESS “sign in the window and paced his huge amber flashing light on the dash and parked blocking the cross walk and 8/10ths of the down ramp (see below)

When I spoke to one of the senior members of the temple I got “who are you a cop?” I looked and he was parking in front of a fire hydrant chatting to a friend parking in a bus stop and they were locking up and going inside to worship, FYI the bus stop is the only one where wheelchairs can load on in the vicinity if the bus can’t pull up to the curb the wheelie can’t get on but I digress.

We went to poppas  andwere there an hour  then we did some  and had lunch and rolled back and they were all still illegally parked but the service was over they all were chatting and didn’t move even when asked? ONLY IN AMERICA.

Is it the Americans with disabilities act or the lets act to disable Americans act? Advocacy only works if someone down the chain actually stops and cares.

 Parking in the disabled park is thoughtless because blocking the ramp blocks my right to continue on with my day, and parking in the bus stop means someone in a wheelchair loses a job because their boss is sick of them being late when they leave home with plenty of time but you think your right to a park outweighs their right to employment.

HMOs Get “13 Year Vacation” from ADA Rules in NY

Reposted from a story by Public News Service – NY | October 2012 |

PHOTO: Health plans are not just ‘dumbing down’ health care. They are also violating federal civil rights law, and making it harder for people with disabilities and frail, elderly people, who are very poor, to get their care.

October 10, 2012

NEW YORK – Some health maintenance organizations in New York are getting what amounts to a “13-year vacation” from having to comply with the American with Disabilities Act, say advocates for New Yorkers with disabilities who have presented their findings to the Department of Health.

Susan Dooha, executive director of the Center for Independence of the Disabled in New York (CIDNY), says the ADA requires that managed-care plans remove barriers to care in ways that help people with disabilities stay healthier. She says the study shows long-term failure by local managed-care plans to meet that responsibility.

“Over the last 14 years, we’ve seen pretty disappointing performance by Medicaid HMOs. They’ve actually made it pretty hard to get help.”

Sixteen other advocacy groups joined CIDNY in presenting the report Friday. Dooha says the state Health Department responded by email on Tuesday, indicating it had received the information and would look into the matter.

Dooha says disability-advocacy groups from around the nation are watching to see how the state of New York responds, since compliance with the ADA is a national concern.

“Health plans are not just ‘dumbing down’ health care. They are also violating federal civil rights law, and making it harder for people with disabilities and frail, elderly people who are very poor to get their care.”

Despite the long period of noncompliance, Dooha says, the New York advocacy groups look forward to working with state health officials and care providers to help them better communicate the health care options for New Yorkers with disabilities.

Mike Clifford, Public News Service – NY

ADA Compliance by Managed Long-term Care Plans in New York State

Fifteen years ago, the disability community worked with New York State to develop ADA Compliance Guidelines for health plans serving Medicaid beneficiaries.   These guidelines are included as Appendix J in the New York State Department of Health contract with managed long-term care plans. Appendix J educates managed long-term care plans regarding their obligations pursuant to the Americans with Disabilities Act, Title II and Title III and Section 504 of the Rehabilitation Act of 1973.  It provides guidance for the development of a plan to assure compliance and standards for review of managed long-term care plan compliance. 

 What are managed long-term care plans required to do?

Among the things that managed long-term care plans must do:

ü  Identify enrollees with disabilities in order to provide reasonable accommodations that are necessary to avoid discrimination.

ü  Give notice of how disability is defined with examples of disabilities that include functional limitations (e.g. trouble standing, ongoing sadness, difficulty with reading).

ü  Let people know what kinds of accommodations are available (providing examples that are nonexclusive).

ü  Ensure that personnel are trained to provide accommodations.

ü  Include a network of providers with accessible practices.

What is the “state-of-the state” of managed long-term care compliance today?

 

Unfortunately, as mandatory enrollment in managed long-term care unfolds and as preparation for mandatory enrollment of dual eligible proceeds, a review of managed long-term care ADA Compliance Plans shows a pervasive lack of compliance.  This lack of compliance will impede efforts to achieve State health policy goals related to eradication of disparities and will place the State and its managed long-term care plans at risk of litigation.  Our intention in bringing these concerns to the attention of State and Federal regulators is to encourage remediation.

 In 2012, a Freedom of Information Act request to the New York State Department of Health seeking release of ADA compliance plans and any related documents revealed that 16 of 18 managed long-term care plans had submitted an Appendix J plan.  While all the plans submitted showed serious deficiencies, no documents were transmitted in response to the FOIL that showed that evaluation of the Appendix J plans had occurred or that corrective action had been taken.

 What kinds of managed long-term care plan deficiencies are evident?

 ü  One in three plans does not provide evidence that they identify people with disabilities;

ü  None of the 18 plans provides has a procedure for identifying and recording requests for accommodations for people with disabilities or the disposition of those requests;

ü  Only two of the 18 plans provide notice to enrollees of the right to reasonable accommodations—it is limited to hearing and vision-related disabilities.

ü  Not one plan provides detailed guidance on how to request a reasonable accommodation, how and when the request will be addressed and by whom.

ü  No plans provide accommodations for people with psychiatric disabilities, or mention learning disabilities or intellectual disabilities.

ü  Plans list a very narrow spectrum of accommodations and do not indicate that the accommodations listed are nonexclusive.

ü  Not one of the managed long-term care plans trains its employees on the policies and specific procedures for ADA compliance of the managed long-term care plan.

ü  No plan gives notice of the right to complain to the U.S. Department of Health and Human Services Office of Civil Rights.

Are there things that the managed long-term care plans and the State could do to improve?

 

ü  Assign responsibility for compliance activities within the Department of Health and report on progress towards compliance in the managed long-term care program;

ü  Work with the disability community to write model ADA compliance plan that guides managed long-term care plans—as does the model member handbook.

ü  Train plans on ADA compliance planning and implementation in relation to their staff training, quality assurance activities, provider compliance, network adequacy activities, etc.

ü  Write brochure for enrollees regarding ADA rights in managed care.

ü  File complaint with OCR about the state of ADA compliance

ü  Secret shopper monitoring project.

US to target medical barriers to disabled people

 

Associated Press

Published Thursday, Jul. 26, 2012

WASHINGTON — Federal prosecutors across the nation will spearhead a new effort designed to guarantee physical access for disabled people to all medical buildings and to ensure the disabled are not discriminated against in receiving potentially lifesaving medical information.

 

Another goal of the Barrier-Free Health Care Initiative will be to help those who are deaf or hard of hearing gain access to medical information in a manner that is understandable to them. U.S. attorney offices nationwide will work with the Justice Department’s civil rights division to carry out the initiative.

 

Thursday’s announcement by the Justice Department comes on the 22nd anniversary of the Americans With Disabilities Act, which was passed on July 26, 1990.

When People Pay Lip Service to Being Disabled Accessible

Hi All,

This is Ella. I thought I’d share this story with you all since Mia is preparing to go scale another wall. As she has shared with readers in these pages before, Mia has been working with a counselor on PTSD issue, etc for a while now. Having recently just ending her sessions with a counselor due to some highly questionable and unethical activities on the counselors behalf, Mia was on a quest to find someone new to see. Finding a counselor/therapist, as anyone who has seen one knows, isn’t the easiest thing. You have to find someone that specializes in the issue you are looking to address, is within the price range you can commit to paying and if you are disabled they also have to be available at a time when you can see them, in a location you can get to and they have to be … disabled accessible.

Finally, after a weeks worth of calling and doing over the phone intakes to make sure that before scheduling an appointment, the counselor at least met all the initial criteria, Mia thought she hit a winner. The women sounded compassionate, educated, experienced and provided the exact type of counseling Mia was looking for. She was within a managable price range, was in the perfect part of town and was located in a wheelchair accessible building. PERFECT.

In the interest of covering all her basis, while in the process of scheduling what was to be her first appointment, Mia mentioned that within a short amount of time she would start to be accompanied by a service dog. Service Dogs, in accordance with the ADA are by law required to be permitted in all locations their handlers are present in. No company, building, service provider etc has the right to hinder the access of a service dog on their premises and yet, as thought a switch went off, this counselor immediately did an about face are said that by no means would the dog be allowed in the office.

When it was explained to her that her actions were illegal and went against the ADA regulations she unapologetically continued to refuse Mia an appointment if she was to bring her service dog with her. And beyond that Mia was then informed that she would actually prefer it if during their sessions she not sit in her wheelchair but instead the sofa in the office.

Clearly the counselor will be reported to her professional governing body and to the ADA.

Personally I am livid at people who feel they have an option when it comes to abiding by the law. Today is the 22nd anniversary of the Americans with Disabilities Act and clearly these laws come under the category of “we’ll abide by them if we feel like it,” by most people in this country. I ache for the day that our government actually enforces these law and even more so, it upsets me and angers me that someone in a field governed by compassion and caring would refuse the service to a person based on their need for an assistance animal — that by the way, is there in part to help the patient deal with the issue they are seeing a counselor to work through.

I continue to wonder what has happened to turn humans against humanity.

The Americans with Disabilities Act is 22 Today, but Does it Work?

Twenty two years ago the disabled community and their advocates celebrated the passing of hard fought for and hard won legislation and th ADA was born. A healthy baby human rights bill born with all its teeth and limbs to reach offenders and bite them on the ass when they didn’t comply. Twenty two years on, how much bite does it really have?

What do you think? Please share your stories. I have my own horror stories and successes.

The NYC MTA has 468 subway station  270 -5 elevators in the entire system, but that is at only 60 stations and their website brags less than 17% work on any day. Trains in NYC have no strapping or sensible dedicated area for the disabled the area marked on a new train is so ill thought out. If you sit there half the width of your chair is in the trains doorway — to be kicked and knocked about.

NYC taxi cabs- during the recent cab redesign bid, a company put forward a design that appeared totally 100% accessible. The design was in the running the taxi and limousine board chose the pretty inaccessible one. Mayor Bloomberg said disabled New Yorkers shouldn’t catch taxi’s because we have no right being on the street hailing them as we are a danger.

When he was challenged by a reporter on his comments he said “It is not now or has it ever been the responsibility of this administration to care for the disabled?”

Remember his comments above and try getting around Manhattan streets in a wheelchair.

The ADA is already outdated. So much abuse of the disabled exists through scams aimed at us, to bigotry and discrimination, both online and in person. When I called the ADA themselves they made it clear that they didn’t care about infractions made toward the disabled via the internet.

It has long been accepted that the disabled and otherwise-abled community use the internet because of its ability to cut through barriers created by the likes of Bloomberg because one click and the world can be delivered to you. With apps being pushed for every disability as teaching and recuperative aids, and it being common knowledge that we the disabled community use it as an aid to an easier life. It is absolutely narrow minded and wrong that the ADA doesn’t care about infraction made via  the internet. They should be madly drawing up amendments to the ADA to protect the rights of the disabled and otherwise-abled internet using community

The ADA is like a baby with promise. Its future depends on what adult it meets along the way. At the moment fagan seems to control it like a legal version of Oliver. What we need is a caring parent with foresight and compassion but who at the same time let’s no one put her baby in  the corner.

Happy birthday ADA — I hope there are many more!

contact information to learn your rights and make complaints under the Americans with disabilities act

 

Contact the Disability Rights Section

For information and technical assistance about the Americans with Disabilities Act (ADA)
contact the ADA Information Line

800-514-0301 (voice)

800-514-0383 (TTY)

ADA Specialists are available to provide ADA information and answers to technical questions on Monday, Tuesday, Wednesday, and Friday from 10:30 a.m. until 4:30 p.m. or on Thursday from 12:30 p.m. until 4:30 p.m. (Eastern Time).

Publications by Mail

ADA regulations, technical assistance materials and publications are available in standard print as well as in large print, audiotape, Braille, or computer disk for people with disabilities. Call the ADA Information Line 24-hours a day to order through the automated system.

ADA Home Page

The ADA statute, ADA title II and III regulations, technical assistance materials, enforcement information, and general ADA information is available over the World Wide Web, www.ada.gov.

---

Disability Rights Section Mailing Address

U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section – NYA
Washington, D.C. 20530

Section Fax Number

(202) 307-1197

Chief

Gregory B. Friel (acting)
(202) 307-0663

Deputy Chiefs

Zita Johnson Betts
(202) 307-0663

James Bostrom
(202) 307-2584

Sally Conway
(202) 514-2226

Jana Erickson
(202) 307-0663

Kevin Kijewski
(202) 307-0663

Anne Raish
(202) 307-0663

Alberto Ruisanchez
(202) 307-0663

Special Litigation Counsel

Kathleen P. Wolfe
(202) 307-0663

Special Counsel

Roberta Kirkendall
(202) 307-0663

Dov Lutzker
(202) 514-5746

NY’s Lincoln Center settles disability lawsuit

Reposted from a story by the Associated Press

NEW YORK — Lincoln Center for the Performing Arts has settled a federal lawsuit that had accused it of failing to provide adequate access for the disabled at its Avery Fisher Hall.

The lawsuit was filed Wednesday by the U.S. attorney’s office in Manhattan and was simultaneously settled.

It alleged the 1962 concert hall was in violation of the Americans with Disabilities Act due to a lack of wheelchair space. It also asserted some restrooms don’t comply with regulations.

Lincoln Center has agreed to make changes, including adding wheelchair seating and accessible parking and renovating restrooms.

A Lincoln Center spokeswoman says the facility is pleased the situation has been resolved and the hall will be more accessible to patrons.

The lawsuit was filed following a complaint from a patron who uses a wheelchair.

Police: Woman arrested for handicapped-parking violation

 

 

 Reposted from a story By Desiree Stennett, Orlando Sentinel 2:51 p.m. EST, June 21, 2012

 

 

• 

Ashley Hickey (Orange County Jail / Jun 21, 2012)

The familiar blue, handicapped-only signs in front of the most coveted parking spaces near the entrances of buildings, restaurants and bars warn violators that their cars could be towed and they could be fined up to $250.

What the signs don’t say is that drivers could be arrested.

Ashley Hickey, 24, of Altamonte Springs, learned this late Tuesday night when she was arrested on charges of fraudulently using a handicap permit to park in a lot on Garland Avenue in Downtown Orlando.

The parking lot at 26 South Garland Avenue has a history of parking violations, Hickey’s arrest report says.

According to the report, a police officer saw Hickey’s black 2007 two-door BMW in the handicap space in the parking lot near the downtown bar district. He scanned the parking decal and determined that the owner of the decal was dead.

A tow truck came to remove the car just as Hickey was walking back. Police say she took off running toward the car and told police she parked in the space because she was picking up her mother and grandmother, the owner of the decal.

When the officer told her he already scanned the decal and determined the owner was not alive, she first said she must have grabbed the wrong permit and that she was picking up her living grandmother.

She later changed her story and admitted that she was only picking up her mother who had asthma but did not have a permit to park in handicap spaces.

Hickey was arrested and granted $250 bail.

Her car was towed. Inside police found a loaded handgun in a holster in Hickey’s glove compartment and a radar detector.

The gun was also legal and the report said police confiscated it for safekeeping but Hickey can pick it up with proper identification.

The charge for illegally using a handicap decal is a misdemeanor and is punishable by up to a year in jail and/or a fine up to $1,000