News Highlights For December 2006 & January 2007 at independence today

Washington, DC--The U.S. Department of Justice has appealed a November 28 district court decision in which the Treasury Department was ordered to make paper currency accessible to millions of blind Americans. In the appeal, Bush administration attorneys argued that making bills accessible would be too expensive, and would cause undue hardship to the vending machine industry.

Target.com Suit Has Web Designers Taking Notice

Southborough, Massachusetts--A lawsuit that the National Federation for the Blind filed against Target Corp over its refusal to make its website accessible is already having a positive impact across the Internet design world. According to Network World, the publicity surrounding the case has drawn the attention of many retailers who have responded by revamping their websites to be accessible to users who have vision-related disabilities or whose disabilities prevent them from using a computer mouse. While some stores have begun to understand that inaccessible websites keep millions of potential customers from purchasing their products or services, others want to avoid the possible legal costs if those Internet users were to sue.

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ADVOCACY

Teen's Advocacy Leads To Scooter Law Change

Trenton, New Jersey--The efforts of 14-year-old Matthew Tempe, who has muscular dystrophy, inspired legislation that passed the New Jersey Legislature on December 11, to allow people with disabilities to operate motorized scooters on local and county roads with 25-35 mph speed limits, on sidewalks and on certain other public property.

Kevorkian To Be Released Early; Disability Advocates Predict 'Miraculous' Recovery

Coldwater, Michigan--State corrections officials announced on December 13 that the Michigan Parole Board had agreed to release assisted suicide campaigner Jack Kevorkian on June 1, 2007, which is his earliest possible release date under his 10-25 year sentence for second-degree murder that he began serving in 1999. The next day, the disability rights group Not Dead Yet released a statement, in which they predicted that, if Kevorkian were released early, he would likely go through a "near-miraculous" recovery -- at least enough for him to make numerous media appearances and speaking engagements.

Coalition Seeks Reconciliation For Gallaudet Protesters

Washington, DC--A coalition of faculty, staff, students, and alumni of Gallaudet University expressed outrage in December at a decision by the school's Board of Trustees to allow administrators to continue with disciplinary actions against students who led the protests that resulted in a change in leadership at the nation's largest school for deaf and hard-of-hearing people. The trustees decided to allow the administration to deal with individual students' actions the same as they would any other violations of the university's code of conduct. For those found guilty of violating the code, disciplinary actions could include suspension or expulsion.

Advocates Speak Out And Call For Investigations Over "Ashley Treatment"

Seattle, Washington--Disability groups have called for federal and state investigations into a set of procedures that a couple ordered for their daughter in an effort to keep her 'child size'. The "growth attenuation" treatment, which was used on the anonymous 9-year-old with disabilities dubbed "Ashley X", involved using massive dosages of the hormone estrogen to stunt her growth, along with surgery to remove her uterus and breast tissue to keep her from starting puberty.

Many disability groups and individual advocates issued public statements expressing outrage, disgust and fear over the parents' treatment of Ashley, the Seattle Children's hospital medical ethics board's refusal to stop the treatment, and the public's general acceptance of the idea of that altering the size of a child would be good for the child, the family, and society at large. Most also called for increased funding for community-based and in-home supports for people with disabilities and their families, in light of the fact that Ashley's parents said they worried they would not be able to care for her at home if she grew up.

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CRIMES AGAINST PEOPLE WITH DISABILITIES

Clinic, Staff Convicted Of Abuse In Angellika Arndt's Restraint Death

Rice Lake, Wisconsin--The day treatment center where 7-year-old Angellika Arndt was fatally injured, and one of employee Brad Rideout, were convicted on December 6 of negligent abuse after pleading no contest to the charges. Angellika, who had diagnoses of reactive attachment disorder, mood disorder, and attention deficit hyperactivity disorder, died on May 26, one day after being placed in a "control hold" at the Rice Lake Day Treatment Center as a consequence for gargling milk. Two staff members held her facedown on the floor for several minutes. A medical examiner ruled Angellika's death a homicide due to "complications from chest compression asphyxiation".

Jury Convicts Ohio Couple Of Endangering And Abusing Children In "Caged Beds" Case

Norwalk, Ohio--A jury convicted Michael and Sharen Gravelle of felony and misdemeanor charges of endangering and abusing some of their 11 adopted children, many of which have disabilities. The Gravelles were accused of keeping some of the children in wire enclosures armed with loud alarms. The jury heard testimony that the couple dealt harsh punishments to the children, including beating them, forcing some of them to sleep in the caged beds without blankets or pillows, and hosing them off in the cold outdoors. They also heard how the couple forced one boy to spend 81 days in a bathtub as punishment for wetting the bed, and how they dunked the head of a girl with Down syndrome into a toilet.

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CRIMINAL JUSTICE SYSTEM

Earl Washington's Attorneys Suggest Prosecutor Lied To Protect Death Sentence

Richmond, Virginia--Attorneys for Earl Washington, Jr. cast doubt on statements made by the prosecutor who worked to send him to death row for nine years -- and nearly to the executioner's chamber -- over a crime that he has since been cleared of. Washington's attorneys questioned whether John C. Bennett witnessed Washington's confession to the 1982 rape and murder of Rebecca Lynn Williams. If Bennett did, in fact, witness the confession, he might not have been legally able to prosecute Washington, who has been described as having mild mental retardation caused by an early childhood brain injury, because Bennett could have been called as a witness in the trial.

Seven Officers Face Charges Of Shooting Unarmed Man On New Orleans Bridge

New Orleans, Louisiana-- Seven New Orleans police officers surrendered as a group at the city jail January 2 to face criminal charges related to the shooting deaths of two unarmed men on a bridge in the aftermath of Hurricane Katrina. One of those killed was Ronald Madison, who had intellectual disabilities. A coroner concluded that he died after being shot seven times -- five of those in the back. The officers said they had been fired upon when they saw Madison reach into the waistband of his pants -- presumably for a weapon -- then turn toward an officer. But, no gun was found on or near Madison's body when he died at the scene.

Four of the officers have been charged with first-degree murder, two with attempted first-degree murder, and one with attempted second-degree murder.

Asperger Syndrome Likely To Be Used In Teen's Murder Defense

Sudbury, Massachusetts--John Odgren, a 16-year-old sophomore at Lincoln-Sudbury High School, was charged with first-degree murder for allegedly stabbing to death fellow student, James Alenson, a 15-year-old freshman on January 19. Odgren's attorney says the fact that his client has been diagnosed with attention deficit hyperactivity disorder and Asperger syndrome, considered a form of autism, will likely be the primary feature of his defense.

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EDUCATION

Parents, Teachers, And Parents Support School Board's Inclusion Plan

Palm Beach, Florida--Palm Beach County School District initiated a plan to include all 24,000 students with disabilities in regular classrooms in all of its 161 public schools. Carol Blarcharski, the principal at Loggers Run Middle School, said that regular and special education students have improved dramatically on the Florida Comprehensive Achievement Test and on meeting grade level requirements in the year since her school decided to eliminate separate special education classrooms and move special education teachers through the regular classes during the day. The behavior of students with disabilities has also improved, thanks to peer pressure, she said.

Michigan Education Board Rolls Out Restraint Regs

Lansing, Michigan--More than three years after Michael Renner-Lewis III died from being restrained face-down by staff at his new school, the Michigan Board of Education has finally adopted tough regulations governing how such methods are used on public school students. The policy, which was unveiled December 12, prohibits the use of any kind of restraint that restricts breathing, including the prone restraint -- the kind that was used on the 15-year-old, who had autism. For the first time, schools will be required to document each incident of seclusion or restraint, and report it to the state education department and to parents or guardians.

Agreement Allows Wheelchair Athlete To Compete Alongside Runners

Baltimore, Maryland--Paralympic wheelchair champ Tatyana McFadden can represent her high school this coming spring, competing alongside runners in track events, under an agreement reached with Howard County school officials and Maryland's protection and advocacy system.

The high school junior, who has spina bifida, won silver and bronze medals three years ago at the Paralympic World Games in Athens, Greece. But in high school track, she was only allowed to compete against other wheelchair athletes -- in entirely separate events -- which usually meant racing by herself and against herself. Under the agreement, McFadden will have the same opportunities to compete as all other student athletes, and will be able to earn points for her team and school letters for herself.

Report: Gallaudet Students, Officials, Police Share Blame For October Confrontation

Washington, DC--Student protesters, school officials and campus police were all to blame for the confrontations at Gallaudet University last October, according to a report released January 15. The report found that inadequate training and poor communication problems between police and protesters led to an escalation, which resulted in arrests of about 130 protesters. Only one incident of "excessive force" on the part of police could be substantiated, a finding that was in direct contradiction to accusations of police brutality from students.

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EMPLOYMENT

Disability Discrimination Accounts For Lower Employment Rates And Wages

Phoenix, Arizona--Researchers at Arizona State University have published what they claim is the first study showing empirical evidence that discrimination accounts for the lower rates of employment and wages among people with disabilities. Comparing actual data on worker productivity levels, the research team found that workers with disabilities were systematically paid less for the same levels of productivity.

Study: Many With Epilepsy Fear Workplace Discrimination

Jacksonville, Florida--Many people with epilepsy avoid looking for or applying for jobs because they fear workplace discrimination, a University of Florida study found. Researchers interviewed nearly 300 people in Florida and Georgia last year and asked them, among other things, whether they were working and, if they were not, why. They found that a fear of discrimination based on their epilepsy was the number one reason given for unemployment.

UPS Settles Improper Firing Claim

Philadelphia, Pennsylvania--Eugenio D'Oliveira will receive $100,000 from United Parcel Service as part of an agreement that settles a disability discrimination suit filed by the U.S. Equal Employment Opportunity Commission. UPS terminated D'Oliveira in July 2004, after he had worked 17 years as a sorter/loader, saying his retinitis pigmentosa -- an eye condition that leads to permanent vision loss -- made him a threat to his own safety and that of other workers. In the suit, EEOC alleged that UPS dismissed D'Oliveira without consulting his physician, obtaining objective medical or factual evidence about his disability, and failed to determine whether a reasonable accommodation could reduce any safety threats that he might have presented.

Employment Program's Ex-Boss Pays $13 Million To Settle Misconduct Claims

El Paso, Texas--ReadyOne Industries, last year's largest nonprofit to benefit from a federal program designed to employ workers with disabilities, has settled a lawsuit with its former president over allegations of misconduct and personal use of the organization's money. The organization agreed to receive just $13.3 million -- in the form of investments and interest -- of the more than $30 million that it had originally sought from Robert E. "Bob" Jones. Jones resigned under pressure in March after the Oregonian reported that he had paid himself as much as $4.5 million a year in management fees while using NCED's assets to finance his own business ventures.

Amputee Asks Personnel Board To Allow Him To Fight Fires

Newark, New Jersey--Isaac Feliciano appeared before a New Jersey Department of Personnel medical board January 24, arguing that he should be allowed to become a firefighter. The 33-year-old athlete filed an appeal to the personnel panel after his application to the Paterson fire department was rejected when a medical report revealed that he wears a prosthetic leg. Feliciano had argued that he passed all of the required exams, including a grueling physical test, in which he scored near the top tier. He also noted that there are many firefighters that wear prosthetics, and that there is even a group called the Amputee Firefighter Association.

Greeter Says Wal-Mart Wouldn't Let Her Sit Down

Anchorage, Alaska--Wal-Mart greeter Barbara Flory took legal action against her employer, claiming that the retail giant is discriminating against her by refusing to let her sit on a stool a few minutes each hour and push fewer shopping carts. Flory, who experiences sharp pains in her back and legs, filed an Americans with Disabilities Act discrimination complaint against the company, claming that when she asked to sit on a stool periodically as job accommodation, Wal-Mart not only denied her request, but also put her on medical leave in retaliation.

Plaintiffs With Psychiatric Disabilities Do Worse In Employment Discrimination Suits

Baltimore, Maryland--Americans with psychiatric and mental disabilities do not do as well in employment discrimination lawsuits as those with physical disabilities, a study by the January Maryland Law Review shows. Researchers reviewed court settlements and judicial decisions filed between 1993 and 2001, and interviewed 370 plaintiffs, to find that 37 percent of plaintiffs with psychiatric disabilities had positive outcomes -- such as a settlement or monetary award -- compared with 49 percent of those with physical disabilities.

Governor Warns AZ Minimum Wage Rule Must Apply To All Workers

Phoenix, Arizona--Governor Janet Napolitano said in December that Arizona's constitution does not allow the Legislature to make changes to a new minimum wage law that some nonprofits warn would force them to layoff workers with developmental disabilities. A new, voter-approved law, that hiked the state's minimum wage from $5.15 to $6.75 an hour, does not make an exception for several thousand Arizonans with developmental disabilities -- most in sheltered workshops -- who were paid less than the minimum wage under special federal 'sub-minimum' wage certificates.

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INSTITUTIONS

Feds Finally Issue New Institution Restraint And Seclusion Rules

Washington, DC--The federal government issued its final rules governing the use of restraints and seclusion on patients in Medicare- and Medicaid-funded hospitals and psychiatric facilities. The new rules include time limits on physical restraints and seclusion; requiring facilities to document why an intervention was needed, along with any attempts to use less restrictive methods, and how the patient responded to the intervention; requiring specialized training in non-physical interventions; and specific requirements regarding how and when restraint-related deaths are reported.

The U.S. Centers for Medicare and Medicaid Services published the rules on the 8th of December, seven years after the agency formed a committee to study restraint-related deaths, and eight years after the Hartford Courant ran an important exposé on the restraint-related deaths of adults and children -- as young as 6 years of age -- in institutions housing people with mental illness and developmental disabilities.

State Auditor: Investigators Acted Too Slowly On Abuse Claims

Springfield, Illinois--An Illinois state audit revealed on December 13 that nearly one-half of the reports of abuse and neglect at state-run institutions and community-based agencies were not investigated in a timely manner during the most recent fiscal year -- following several years of dramatic cuts in the number of investigators. The report showed that there were 1,814 allegations of abuse and neglect of people with developmental disabilities and mental illnesses during the 2006 fiscal year, compared with 1,183 during the 2004 fiscal year. Forty-eight percent of those cases were not investigated within the required 60-day period, the report concluded.

State Closes Facilities In Wake Of Fire Deaths

Jefferson City, Missouri--The Missouri Department of Health and Senior Services ordered the closure of four facilities operated by Joplin River of Life Ministries, Inc., following the November 27 fire at Anderson Guest House that killed 10 people with mental illnesses and developmental disabilities. Investigators say 62-year-old Robert Joseph DuPont, who was convicted three years ago for his part in a scheme to defraud the federal Medicare program, was operating River of Life illegally.

Final Months Of Institution Announced

Fort Wayne, Indiana--The state of Indiana has been officially notified that 540 employees at Fort Wayne State Developmental Center will be laid off between now and June 30, when the last large state-run institution to house people with developmental disabilities will be closed. The Indiana Family and Social Services Administration announced in October 2005 that the now 117-year-old facility would close at the end of June 2007 and most of its 210 residents moved to homes in the community. Officials said at the time that community-based services would save taxpayers at least half the cost of housing people in the institution.

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IN OTHER NEWS

Zoo To Stop Pushing Waivers For Wheelchair Users

San Diego, California--A settlement between the Disability Rights Legal Center and the Zoological Society of San Diego announced December 1 means that visitors to the world famous San Diego Zoo and Wild Animal Park who use wheelchairs or motorized scooters will no longer be singled out and asked to sign liability waivers. Plaintiffs Rick Kneeshaw and Gladys Swensrud, both polio survivors and longtime members of the Zoological Society, filed suit over the zoo's policy of pulling users of wheelchairs and motorized scooters from the waiting line to present them either with waivers of liability or documents acknowledging that by entering the park they were agreeing to the waivers.

Disability Agency Head Steps Down After Blanket Fight

Miami, Florida-- Shelly Brantley, the director of the Florida Agency for Persons with Disabilities, resigned on December 8, one day after Governor-elect Charlie Crist criticized her agency for refusing to spend $360 a year on special thermal blankets for 12-year-old Kevin Estinfil. Doctors say the boy, who is blind, has cerebral palsy and a seizure disorder, and cannot regulate his body temperature needs three of the special blankets each month, at a cost of about $10 each. But, the agency said the blankets were not deemed to be 'medically necessary', and decided instead to spend thousands of dollars in legal costs to fight the request.

Post-9/11 Rules Hold Up Citizenship Process For Thousands Of Immigrants With Disabilities

Philadelphia, Pennsylvania--Thousands of refugees seeking U.S. citizenship are losing Social Security benefits because of bureaucratic red tape put in place after the September 11, 2001 terrorist attacks, according to a federal lawsuit filed against the Department of Homeland Security, the Office of Citizenship and Immigration Services, the FBI and others. The suit, filed by Community Legal Services in Philadelphia, represents about a half-dozen immigrants, but seeks class-action status to cover about 6,000 others who have lost Social Security benefits because a 1996 welfare reform law cuts immigrants from benefits if they have not gained citizenship within seven years. A Social Security official said the agency has repeatedly asked Congress to extend the deadline to at least eight years because of the increased background checks immigration staff are required to perform.

White House Pulls Terrence Boyle Nomination

Washington, DC-- The Bush administration has withdrawn its nomination of federal district judge Terrence Boyle to the U.S. Court of Appeals for the Fourth Circuit, avoiding a prolonged -- and likely unsuccessful -- standoff over his confirmation in the Democratic-led Senate. Many civil rights groups and disability rights groups had fought Boyle's confirmation because his federal court opinions were often in direct opposition to their positions.

New Jersey Advocates Want "Idiot" And "Insane" Dropped From Voting Law

Trenton, New Jersey--a measure has been introduced into the New Jersey legislature that would drop the words "idiot" and "insane" from the state's voting law. A coalition of disability rights groups advocated for the legislation that would change the 1844 language to better reflect the current times and attitudes toward disabilities. The legislation would state: "No person shall have the right of suffrage . . . who has been adjudicated by a court of competent jurisdiction to lack the capacity to understand the act of voting."

Ohio Advocates Push For Agency Name Change

Columbus, Ohio--Advocates in Ohio are asking Governor Ted Strickland to drop the words "Mental Retardation" from the name of the state's Department of Mental Retardation and Developmental Disabilities. The department is one of the few state agencies in the U.S. that still carries the word 'retardation'.

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These news summaries published here under a special arrangement with Inclusion Daily Express international disability rights news service.

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