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News Highlights For January & February 2007
From Inclusion Daily Express Disability Rights News Service

Accessibility:
California Advocates Attack Sidewalk Accessibility & Safety;
Michigan Veterans Group Nears Legal Showdown With U-M Over Stadium Seating;
Justices Order Canadian Rail Service To Modify Passenger Cars;
Appeals Court Says 'The Sheriff' Must Get New ADA Trial

Advocacy:
81 Nations Sign Global Treaty On First Day -- Advocates Urge U.S. To Sign;
Disability Rights Advocates Rally To Prevent Doctors From Pulling Toddler's Ventilator;
Another Hawaii Suicide Bill Goes Down;
Committee Stops S.D. People First Language Bill;
All Countries Have Failed People With Disabilities, U.N. Survey Finds;
Harkin Says Senate Must Restore ADA's Intent;
Hand-Cyclist Wheels Across Texas To Publicize State's ADA Woes;
Group Angered After Navy Rejects Blind Man From Ship Tour;
Another Vermont Assisted Suicide Measure Dies --California Bill Moves Ahead;
Respectful Language And Soda Pop Top Alabama Advocates' Agenda

Community living:
Harkin Introduces Community Choices Act Into Senate;
Shift To Community-Based Services Could Save Ohio Close To $1 Billion Annually;
Judge Rules Cattle Prod Must Go -- Parents Object;
State Investigates Group Home Opponent's Tactics

Crimes Against People With Disabilities:
Foster Parents Convicted Of Killing Three-Year-Old Boy;
Deaf Defendant Faces Possible Death Penalty Over Deaf Victim's Murder;
Wisconsin Clinic, Staff Convicted Over Girl's Restraint Death;
Gravelles Sentenced To Two Years In Prison For Caging Kids

Criminal Justice System:
Family Sues Portland Police For Change In Use-Of-Force Policies;
L.A. Police Shoot Man Armed With Screwdriver;
Arkansas State Police Agrees To Pay $1 Million To Erin Hamley's Estate;
Massachusetts Teen Pleads Not Guilty To Stabbing Fellow Student;
Florida Family Vows Legal Action Over Aunt's Taser Death;
Louisiana National Guard Shoots Man Armed With BB Gun;
Woman Dies Following Police Restraint At Home;
In Wake Of Zehm Death, City Workers To Undergo Training On "Excited Delirium"

Education:
Bill Would Limit Restraints In Connecticut Public Schools;
Judge Says Teen's Hearing Dog Must Stay Out Of School;
Lawsuit Revived Over NCAA Eligibility For Special Education Students;
Paralympic Champ Sues State To Represent High School;
Investigative Series -- NYC School Buses Unsafe For Kids

Employment:
Arizona AG Says All Workers Must Be Paid At Least Minimum Wage;
Hotel Was Wrong To Order Lifeguard To Work Without Solar Protection;
EEOC Can Sue Wal-Mart Over ADA Violations;
Most Canadians Support Workplace Inclusion;
Postal Worker Sues USPS Over Forced Break Time

Institutions:
Coalition Calls For Illinois Governor To Close Troubled Institution;
Former Residents: Close Rosewood Center;
Resident, Staff Injured In Psych Unit Brawl;
Missouri Governor Reverses Plan To Close Institution;
'All Deaf' Senior Facility Becomes Integrated, Sort Of

In other news:
Georgia Measure Would Bring Sterilization Apology;
Lawmaker's 'Stranding' Led To Evacuation Improvements At Capitol;
Hundreds Wait For Accessible FEMA Trailers That Sit In Storage;
DOJ Says Apartment's Ban On Service Dogs Violates Federal Law;
Hospital Staff Dumped Homeless Patient On Skid Row;
Even Electronic Voting Leaves Many Voters Behind;
Judge Rules State Improperly Cut Medical Equipment Coverage;
Dole, Shalala Picked To Investigate Conditions At Veterans' Hospitals;
Scientists Call For New Research Into "Disorders Of Consciousness";
Are You Ready For Mr. Wheelchair America?

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ACCESSIBILITY

Advocates Attack Sidewalk Accessibility & Safety
San Francisco, CA -- A group of disability rights advocates is targeting sidewalks and walkways in several California cities and towns, saying some are unpaved, uneven, unusable and unsafe for users of wheelchairs, walkers, and motorized scooters. George Louise and Linda Pedroni filed a class action suit against every city in the Napa Valley claiming the sidewalks violate the Americans with Disabilities Act. Similar suits were filed against cities and counties of San Francisco, Alameda, Contra Costa, Santa Clara, Los Angeles, and the city of Inglewood.

Veterans Group Nears Legal Showdown With U-M Over "Big House" Seating
Ann Arbor, MI -- The University of Michigan and the Michigan Paralyzed Veterans of America appeared closer to heading to court over plans to renovate the school's football stadium. While the university plans to spend $226 million to make a number of 'improvements' to the 1920s-era "Big House", including adding some luxury boxes, advocates are upset that the plan would place wheelchair accessible seating in the very back, top rows. University officials argue that the plan is a 'repair', not a 'renovation', and therefore does not fall under the ADA.

Justices Order Canadian Rail Service To Modify Passenger Cars
Ottawa, ON -- In an important legal ruling for Canadian travelers with disabilities, the nation's highest court ordered VIA Rail Canada to modify 40 rail cars to be accessible for wheelchair users. The Council for Canadians with Disabilities claimed that while the cars did have spaces reserved for narrow wheelchairs that the rail service provides, those spaces were not wide enough for standard wheelchairs.

Appeals Court Says 'The Sheriff' Must Get New ADA Trial
San Francisco, CA -- The 9th U.S. Circuit Court of Appeals ruled unanimously that a lower court should have awarded damages to a disability rights advocate who has sued several hundred California businesses for violating accessibility laws. The three-judge panel said that Jarek Molski, a wheelchair user who has dubbed himself "The Sheriff" for enforcing the Americans with Disabilities Act, was wronged when his accessibility lawsuit against Cable's Restaurant in Woodland Hills was thrown out.

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ADVOCACY

81 Nations Sign Global Treaty On First Day; Advocates Urge U.S. To Sign
New York, NY -- On March 30, the European Union and 81 member countries of the United Nations signed on to the first global treaty to protect the rights of the world's 650 million people with disabilities. Only 40 countries were expected to sign on the first day. Several U.S. disability rights groups encouraged advocates to contact the White House and members of Congress to urge the president to sign on to the treaty. The Bush administration has refused to sign any international treaty protecting people with disabilities from discrimination, arguing that the U.S. should be able to rely on domestic laws, such as the Americans with Disabilities Act and the Rehab Act.

Disability Rights Advocates Rally To Prevent Doctors From Pulling Toddler's Ventilator
Austin, TX -- Disability rights groups rallied in late March to show support for Catarina Gonzales in her efforts to keep doctors from removing her 16-month-old son, Emilio, from the ventilator that helps him breathe. An ethics committee at Children's Hospital of Austin gave Ms. Gonzales until 5 p.m. on April 10 to find another hospital to treat the child, who has been diagnosed with Leigh's disease, a medical condition which affects the central nervous system and eventually leads to an early death. Advocates from Not Dead Yet, ADAPT, the Feminist Response in Disability Activism, and other disability groups urged Texas Governor Rick Perry to intervene on behalf of Emilio and order the hospital to keep the boy alive. The groups also encouraged advocates to write letters to lawmakers and to sign a petition denouncing the law as "cruel and inhumane".

Another Hawaii Suicide Bill Goes Down
Honolulu, HI -- For the fourth time in seven years, a proposal to make physician-assisted suicide legal in Hawaii has come before state lawmakers, and for the fourth time in seven years, disability rights advocates have helped shut it down. House Bill 675 would have allowed a doctor to prescribe a lethal dose of a drug to adults with terminal illnesses so they could kill themselves. About 100 people, many in wheelchairs, packed a hearing room at the House Health Committee to voice their opposition to the "Death With Dignity" bill.

Committee Stops S.D. People First Language Bill
Pierre, SD -- A measure that would have required South Dakota lawmakers to use "appropriate language" when referring to people with disabilities has been referred by a committee to the 41st Day of the state's legislative session. This means that, because there are only 40 days in the regular legislative calendar, the "People First Language Bill" will probably not come up for a vote until the next legislative session if at all. The measure, HB 1312, would have required the state to use "People First" language in "all statutes and resolutions . . . when amended by law or as otherwise appropriate."

All Countries Have Failed People With Disabilities, U.N. Survey Finds
New York, NY --A United Nations study revealed in February that not one member country has implemented all 22 rules that the UN adopted in 1993 to achieve equal opportunities for people with disabilities in areas such as housing, employment, education, and health care. The survey's authors said they were also concerned that only 114 of 191 countries responded to the survey.

Harkin Says Senate Must Restore ADA's Intent
Washington, DC --Senator Tom Harkin from Iowa said that the new Congress needs to consider restoring the original intent of the Americans with Disabilities Act, and to review and reform Medicare policies "from a disability perspective". Harkin, who is credited with authoring the ADA, said courts have interpreted the anti-discrimination law more narrowly than Congress intended when passing it in 1990. The ADA Restoration Act would change the language in the civil rights law so that it would prohibit discrimination "on the basis of a disability" instead of "against an individual with a disability" as it currently reads. The bipartisan legislation would remove a significant barrier that has kept countless people from winning or even filing ADA suits because the courts have focused on having the plaintiffs prove the level of their disabilities rather than the level of the discrimination.

Hand-Cyclist Wheels Across Texas To Publicize State's ADA Woes
El Paso, TX -- Mikail Davenport started wheeling all the way across Texas to draw attention to injustice in the state government. The 58-year-old Davenport began a 950-mile trek from El Paso to Beaumont, pedaling with his hands using a hand-cycle the entire way. Davenport, who contracted polio as a child, planned to generate publicity about the state attorney general's position that the ADA is unconstitutional and does not apply to the state of Texas because the 11th Amendment granted states sovereign immunity from federal laws.

Group Angered After Navy Rejects Blind Man From Ship Tour
Boston, MA -- The National Federation of the Blind vowed to take legal action against the US Navy after learning that Boston resident Mika Pyyhkala was turned away from a tour of the USS John F. Kennedy because he is blind. Pyyhkala, 34, showed up with 30,000 other people to tour the aircraft carrier during its last scheduled day of viewing. But Navy officials refused to let him board, saying the vessel's open hatches and narrow doorways made it unsafe for him to walk around without an escort, and there simply were not enough crew members on board to guide him around.

Another Vermont Assisted Suicide Measure Dies; California Bill Moves Ahead
Montpelier, VT & Sacramento, CA -- In March, the Vermont House soundly defeated its most recent version of an assisted suicide bill with a vote of 83 to 62. Some lawmakers said they had planned to support the "Patient Choice and Control at the End of Life" Act, but changed their minds after disability rights advocates and other opponents testified that they were worried that the measure did not have enough safeguards to protect vulnerable people. In California, the Assembly Judiciary Committee approved AB 374, the "California Compassionate Choices Act", with a 7-3 vote. The assisted suicide measure still must pass the full legislature by a majority vote before going to Governor Arnold Schwarzenegger, who has not said whether he would sign or veto it. This is California's sixth attempt to transform the crime of assisted suicide into a medical treatment.

Respectful Language And Soda Pop Top Alabama Advocates' Agenda
Montgomery, AL -- Disability advocates and community groups gathered at Alabama's capital to call on lawmakers to pass a "respectful language" bill that would remove the word "retarded" from state laws. The advocates also encouraged legislators to pass a two-cent tax on soda pop, with the revenue to go specifically toward reducing the waiting list for community-based services for people with developmental disabilities.

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COMMUNITY LIVING

Harkin Introduces Community Choices Act Into Senate
Washington, DC -- Senator Tom Harkin of Iowa has introduced S. 799, the "Community Choice Act of 2007", into the U.S. Senate. The bill would change Title 19 of the Social Security Act to allow people receiving long-term care funds to have equal access to community-based, in-home services as an alternative to nursing homes and other institutions. The measure would also provide federal funds to help states develop their own home and community-based services systems, and create a demonstration project to look at ways to better coordinate services and share costs for people who are eligible for both Medicaid and Medicare.

Shift To Community-Based Services Could Save Ohio Close To $1 Billion Annually
Columbus, OH -- A study showed that the state of Ohio could save nearly $900 million a year in long-term care money if 70 percent of Medicaid funds were shifted to in-home and community-based supports instead of nursing homes and other institutions. The 71-page study, authored by a home-care trade association, showed that institutional care is far more expensive than community care: It cost the state an average of $56,000 to house a person in a nursing home in 2003 compared to $11,800 to help them stay at home.

Judge Rules Cattle Prod Must Go; Parents Object
Chicago, IL -- A judge ruled in March that a cattle prod could no longer be used to deliver electric shocks to a 48-year-old man who has autism. The judge used a law that disability rights groups championed and that Illinois legislators passed last year, which bans the use of humiliation, pain and other aversive means to change the behavior of people with developmental disabilities. While the decision was seen as a victory by the agency that runs the group home where the man lives, the man's parents said they are considering an appeal.

State Investigates Group Home Opponent's Tactics
Norco, CA -- The California Department of Fair Employment and Housing, at the recommendation of the U.S. Department of Housing and Urban Development, is investigating whether a Norco woman's ongoing protest against a group home where a handful of women with developmental disabilities live violates federal fair housing laws that prohibit discrimination based on disability. For several years, Julie Waltz has been posting signs -- written in red -- saying such things as "get out!", "your wife and kids are potential rape victims" and "sexual inappropriate fire-setter facility" with an arrow pointing toward the group home. Officials say that none of the women are sexual offenders and present no danger to their community.

CRIMES AGAINST PEOPLE WITH DISABILITIES

Foster Parents Convicted Of Killing Three-Year-Old Boy
Batavia, OH -- On February 22, Liz Carroll was sentenced in an Ohio court to 54 years to life in prison, the day after a jury convicted her of murder, involuntary manslaughter, kidnapping, felonious assault, and child endangerment related to the death of Marcus Fiesel, her three-year-old foster son who had developmental disabilities. On February 27, Carroll's husband David was given a 16-year to life sentence after admitting that he, his wife, and his live-in girlfriend, Amy Baker, left Marcus in a closet, taped up inside a blanket, for two days last August while the rest of the family went out of the state. When they returned, the boy was dead. He said Baker then came up with a plan to burn the child's body, and then fake his disappearance. Baker testified in exchange for immunity.

Deaf Defendant Faces Possible Death Penalty Over Deaf Victim's Murder
Sioux Falls, SD -- Advocates from disability rights, gay rights, and deaf communities closely watched an unusual capital murder trial unfold in March. Daphne Wright, who has been deaf since birth, is facing charges that she kidnapped, murdered and dismembered Darlene VanderGiesen, who also was deaf, in February 2006. Some members of the deaf community claim that executing Wright would violate the U.S. Constitution's Eighth Amendment guarantee to be free from "cruel and usual punishment", because her inability to hear puts her at a disadvantage in the courtroom where she must rely on the ability of sign language interpreters to communicate the complexities of the legal process. Others argue that exceptions should not be made for defendants with hearing-related disabilities.

Wisconsin Clinic, Staff Convicted Over Girl's Restraint Death
Rice Lake, WI -- The day treatment center where 7-year-old Angellika "Angie" Arndt died after being restrained facedown was ordered to pay a $100,000 fine -- the maximum punishment allowed for negligent abuse. Former staff member Brad Ridout was sentenced to 60 days in jail, after facing a possible maximum sentence of nine months, for his part in the girl's fatal restraint. A medical examiner said Angie, who had diagnoses of reactive attachment disorder, mood disorder, and attention deficit hyperactivity disorder, died of "complications from chest compression asphyxiation" on May 26, one day after Ridout and another staff member placed her in a 30-minute "control hold" at the Rice Lake Day Treatment Center as a consequence for gargling milk.

Gravelles Sentenced To Two Years In Prison For Caging Kids
Norwalk, OH -- Michael and Sharen Gravelle were sentenced in February to two years in prison for child abuse and endangerment for forcing some their 11 adopted children to sleep in wood and wire enclosures. The couple asked the court for mercy, saying the children's developmental disabilities and behaviors forced them to make the children sleep in the 'cage beds' fixed with alarms so they could not hurt themselves or each other.

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CRIMINAL JUSTICE SYSTEM

Family Sues Portland Police For Change In Use-Of-Force Policies
Portland, OR -- The family of James P. Chasse, Jr., sued the Portland Police Department in February to compel it to change its use-of-force policies to prevent injuries and deaths like that of the 42-year-old man, who had schizophrenia. The civil rights suit, which names the city, county, and paramedics as defendants, also seeks an amount of damages to be determined by a jury. Chasse died of broad-based blunt force trauma to the chest on September 17 after at least one officer fell on top of him during an on-foot chase.

Police Shoot Man Armed With Screwdriver
Los Angeles, CA -- Francisco Mondragon, 24, died at a Los Angeles hospital in February after he was shot by a police officer that claimed Mondragon, who had schizophrenia, attacked his partner with a screwdriver. The two officers had reportedly chased Mondragon into a residential facility that housed 15 people with psychiatric disabilities. When they cornered Mondragon inside, he allegedly turned and stabbed at one officer, who was protected by a bulletproof vest. That officer's partner then shot Mondragon three times, killing him on the scene.

State Police Agrees To Pay $1 Million To Erin Hamley's Estate
Little Rock, AR --The Arkansas State Police department has agreed to settle a lawsuit filed by the family of Joseph Erin Hamley, an innocent man that was shot and killed last year by a state trooper who mistook him for an escaped prisoner. The department agreed to pay $1 million to the estate of 21-year-old Hamley, who had cerebral palsy, an intellectual disability, and a psychiatric disability. A grand jury had concluded that the unarmed Hamley was likely following Trooper Larry Norman's orders to roll over onto his stomach when the trooper fired the fatal shot.

Massachusetts Teen Pleads Not Guilty To Stabbing Fellow Student
Sudbury, MA -- John Odgren pleaded not guilty to first-degree murder, five days after a grand jury indicted the 16-year-old sophomore from Lincoln-Sudbury Regional High School for allegedly using a kitchen knife to stab to death 15-year-old freshman James Alenson. Prosecutors say Odgren, who had been diagnosed with "hyperactivity dysfunction" and Asperger syndrome, had a history of violence and an obsession for weapons and criminal forensics. When police arrived at the scene on January 19, Odgren reportedly tried to help them locate crime scene evidence, pointing out blood spatters and offering to hold rulers for them. When officers went to read him his Miranda rights, Odgren told them he had a copy in his pocket.

Family Vows Legal Action Over Aunt's Taser Death
Green Cove Springs, FL -- The family of Emily Delafield said it plans to take legal action against the Green Cove Springs Police Department for the force it used last April to subdue the 56-year-old woman, while she sat in her wheelchair. Delafield died after police reportedly zapped her with a Taser stun gun 10 times for a total of two minutes when she refused orders to drop kitchen knives and a hammer. A medical examiner ruled her death a homicide, saying she died from "hypertensive heart disease", but that the shock from the Taser was a contributing factor.

Louisiana National Guard Shoots Man Armed With BB Gun
New Orleans, LA -- The Louisiana National Guard was facing scrutiny after a guardsman shot to death 53-year-old Terry Burton, who had a psychiatric disability. A spokesman said the patrolling soldiers, suspecting Burton might be looting, followed him into an empty house. There, Burton pointed what appeared to be a rifle at one guardsman, who shot Burton several times. After Burton died at the scene, they learned he was holding a BB gun.

Woman Dies Following Police Restraint At Home
Boston, MA -- A 42-year-old woman with developmental disabilities died on March 19 after Boston Police officers physically restrained her at her home. At least four investigations were launched into the death of Brenda Ellison, who allegedly became aggressive and "out of control", perhaps following an epileptic seizure. When officers arrived and tried to take Ellison into custody, she reportedly bit one officer who attempted to handcuff her. At some point while being physically restrained, Ellison started struggling to breathe and showed signs of having a heart attack. She was transported to a local hospital where she was pronounced dead.

In Wake Of Zehm Death, Spokane City Workers To Undergo Training On "Excited Delirium"
Spokane, WA -- One year and one day after Spokane Police officers fatally restrained Otto Zehm, city officials announced that police and emergency personnel would now be required to undergo training to better understand and respond to people that experience a condition known as "excited delirium". A county medical examiner determined that Zehm died on March 20, 2006 from a heart attack "while restrained in a prone position for excited delirium" at a convenience store two days earlier. Officers tried to arrest Zehm, who had schizophrenia, following a 911 report of a man acting "in a bizarre manner" at a bank ATM.

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EDUCATION

Bill Would Limit Restraints In Connecticut Public Schools
Hartford, CT -- Legislation was introduced into the Connecticut General Assembly that would limit the use of restraints and seclusion in public schools. The bills came in response to efforts by parents and advocacy groups that are concerned that school employees are using such measures to control behavior of students -- usually those with disabilities -- sometimes resulting in injuries and deaths.

Judge Says Teen's Hearing Dog Must Stay Out Of School
Westbury, NY -- Saying John Cave Jr.'s high school already provides enough accommodations, a federal judge in New York ruled that the 14-year-old couldn't take his hearing dog, Simba, to his Long Island high school. The Cave family had sought a court order to force the district to immediately allow John to take the yellow Labrador retriever with him to school. The family had filed a $150 million lawsuit against the district after school officials banned the hearing dog, saying he might present a safety and health risk to other students and staff, particularly those that are allergic to dogs.

Mom Revives Lawsuit Over NCAA Eligibility For Special Education Students
Palmyra, NJ -- A Palmyra mother told the Associated Press that she plans to follow up on the lawsuit her late son had filed in 1997, which alleged that the National Collegiate Athletic Association discriminated against him because he took special education classes in high school. Kathleen Bowers said she wants the NCAA to take more care when dealing with prospective college students that have learning disabilities. She said her son, Michael, was devastated after colleges rejected him. He died in June 2002 at age 24 of a drug overdose.

Paralympic Champ Sues State For Full Rights To Represent High School Team
Baltimore, MD -- Paralympic wheelchair champion Tatyana McFadden, who has spina bifida, has filed a federal lawsuit against the Maryland State Department of Education and the Maryland Public Secondary School Athletic Association, saying that their refusal to allow her to earn points for her high school team amounts to discrimination. The 17-year-old claims that state rules allowing her to compete alongside runners -- while not allowing her to score points -- violates the ADA and Section 504 of the Rehabilitation Act, which prohibits discrimination by organizations that receive federal funding.

Investigative Series: NYC's School Buses Unsafe For Kids
New York, NY -- A four-month Daily News investigation into the New York City's school bus system suggested that buses can be scary places, particularly for school children with disabilities. The newspaper published its findings in a multi-part series, in which reporters uncovered physical, emotional, and sexual violence from other children, drivers, and even bus monitors who are paid to protect children. The reports also document a system of ineffective oversight, regulations, record keeping, and disciplinary system.

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EMPLOYMENT

Arizona AG Says Workers With Disabilities Must Be Paid At Least Minimum Wage
Phoenix, AZ -- Arizonans with disabilities must be paid at least $6.75 an hour under the minimum wage law that voters passed last November, state Attorney General Terry Goddard declared. Goddard's formal legal opinion came a few days after a legal advisor to the state Legislature concluded that lawmakers do not have the constitutional right or ability to change the new law. Meanwhile, the Industrial Commission of Arizona has drafted a policy that would classify some people who participate in employment programs as "trainees" rather than employees, thereby allowing employers to pay them less than the minimum wage.

Hotel Was Wrong To Order Lifeguard To Work Without Solar Protection
Honolulu, HI -- Hale Koa Hotel, which is owned by the Department of the Army, has been ordered to reinstate lifeguard Bill Kearsley and pay his wages and benefits going back to November 2005, when he was fired for refusing to work without protective sun gear. Kearsley, who had developed skin cancer after working for 11 years as a lifeguard, tried unsuccessfully to get the hotel to accommodate his disability by covering lifeguard towers with ultra-violet protection glass, and providing sunscreen and protective clothing.

Appeals Court: EEOC Can Sue Wal-Mart Over ADA Violations
St. Louis, MO -- The U.S. Court of Appeals for the Eighth Circuit ruled in February that employers -- not job applicants -- bear the burden of proving whether applicants pose a "direct threat" to the health and safety of themselves or others. The Equal Employment Opportunity Commission represented Steven J. Bradley Jr., who has cerebral palsy, and used forearm crutches and a wheelchair when he applied for a greeter or cashier position at a Missouri Wal-Mart in 2001. Wal-Mart did not hire Bradley, saying he was not qualified for either job. The court said Wal-Mart failed to prove that Bradley could not have done either job without reasonable accommodations as required under the ADA.

Most Canadians Support Workplace Inclusion
Toronto, ON -- A survey of Canadians suggests that most believe that workers with intellectual disabilities should be included in the general workplace, and that a major obstacle keeping them from being more included is a lack of employment training programs. The study, published in the Journal of Vocational Rehabilitation, found that about two-thirds said that workers with intellectual disabilities should be included in work life, while 87 percent said that hiring such workers would not have a negative impact on the image of workplaces. Seventy-one percent felt that a lack of appropriate training programs is likely preventing people with intellectual disabilities from getting jobs.

Postal Worker Sues USPS Over Forced Break Time
Tampa, FL -- Postal worker Kenneth Fox is suing the U.S. Postal Service, because it is forcing him to take lunch breaks. The 55-year-old military veteran says that his painful arthritis requires him to keep moving, and that the postal service's mandatory lunch breaks violate his rights to a reasonable accommodation under the ADA.

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INSTITUTIONS

Former Residents: Close Rosewood Center
Baltimore, MD -- Advocates for and against closing Rosewood Center, Maryland's largest state-run institution housing about 200 people with developmental disabilities, packed a House hearing room March 8, to testify on a bill that would close the troubled facility. The measure was introduced after the Maryland Disability Law Center released a scathing report about the treatment of Rosewood residents, and after the state's Department of Health and Mental Hygiene issued a ban on all new admissions to the facility and threatened to pull $17 million in federal funding. State investigators found that conditions at Rosewood violated the rights of residents, and that officials failed to protect them from harm, and to fully investigate and properly report injuries and allegations of abuse and neglect.

Resident, Staff Injured In Psych Unit Brawl
Chattahoochee, FL -- An "outbreak of violence" at the Florida State Hospital resulted in a resident of the Mentally Retarded Defendant Program suffering a severe cut to his head, a security official losing three teeth, and several residents being placed in "extended seclusion". The fighting reportedly started when security officers intervened after one resident refused to take his medication and another tried to leave his unit to use a phone. Other residents joined the fight, as local law enforcement officers were called in to assist state security officers. Local legislators expressed worry about the fight, noting that facility employees have talked before about unsafe working conditions at the 131-year-old institution.

Missouri Governor Reverses Plan To Close Institution
Jefferson City, MO -- On March 13, Missouri Governor Matt Blunt announced that he would not be closing Bellefontaine Habilitation Center as he had proposed in 2005. Blunt announced that he plans to keep a state-operated program on site to house 24 residents considered to have the most severe needs, and to have a private contractor oversee services for another 120 residents. A new 12-bed crisis unit would also be built on the BHC campus. Family members of those housed at BHC and members of the state employee union pressured legislators to keep the institution operating. Those same groups expressed surprise and skepticism at the part of the plan that called for privatizing services.

'All Deaf' Senior Facility Becomes Integrated, Sort Of
Fremont, CA -- A plan for a segregated nursing home for deaf seniors has backfired because of low demand and because federal fair-housing laws prohibit segregation. The 50-bed Fremont Oak Gardens was designed and opened in May 2005 with deaf people in mind. But the facility has 27 occupants who can hear and just 19 who are deaf. Because the facility did not fill up with deaf residents as quickly as organizers had hoped, they turned to federal "affordable housing" funds, which meant the facility must accept residents who can hear, as well.

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IN OTHER NEWS

Georgia Measure Would Bring Sterilization Apology
Atlanta, GA -- Some Georgia disability advocates are supporting a House bill that would have the Legislature express "profound regret for Georgia's participation in the eugenics movement in the United States". An estimated 3,300 Georgians, many with disabilities, were legally forced to undergo sterilization surgery between 1937 and 1970. The measure was referred to a House Committee, where Chairperson Sharon Cooper said the panel would probably not hold a hearing on it because she did not agree "with one generation apologizing for another generation when all the parties that were involved are long dead."

The author of the measure pointed out that many of the victims may indeed still be alive, since the practice was not ended until just 37 years ago.

Lawmaker's 'Stranding' Led To Evacuation Improvements At Capitol
Des Moines, IA -- The Iowa Capitol is safer and more accessible this year in part because of the efforts of Representative Mark Kuhn, who was stranded on the second-floor in a wheelchair during a fire alarm one year ago. Kuhn's experience moved him to order a review of evacuation procedures at state buildings. The state has since spent $40,000 in security upgrades inside the Capitol, including special evacuation chairs to help get people with physical disabilities out of the building safely, and specialized training for an evacuation team that includes some legislators.

Hundreds Wait For Accessible FEMA Trailers That Sit In Storage
Lafayette, LA -- The Advocacy Center, Louisiana's federally mandated protection and advocacy system, filed a motion in district court in February alleging that the Federal Emergency Management Agency had failed to provide accessible trailers to people with disabilities who had been displaced by Hurricanes Katrina and Rita in 2005. The Center claimed that 1,200 accessible trailers were still gathering dust in storage yards across Louisiana and Mississippi, while an estimated 788 people wait for the temporary homes.

DOJ: Apartment's Ban On Service Dogs Violates Federal Law
Lancaster, PA -- The rental manager and owners of the 85-unit Barrcrest Manor Apartments are violating the federal Fair Housing Act by refusing to rent to people who use service animals, the U.S. Department of Justice claimed in a suit it filed in February. DOJ investigators used "fair-housing testers", people who pretend to be renters, to gather information about possible discriminatory practices in apartment rentals.

Witnesses: Hospital Staff Dumped Homeless Patient On Skid Row
Los Angeles, CA -- Police investigated accounts by more than two dozen people who described seeing a hospital van drop off a paraplegic patient in the street in skid row, then speed away. The 41-year-old Hispanic man reportedly pulled himself to the sidewalk in a soiled hospital gown, clenching between his teeth a bag with his belongings, while his broken colostomy bag dragged on the pavement behind him. City officials allege that more than a dozen hospitals have been dumping patients on skid row.

Even Electronic Voting Leaves Many Voters Behind
Washington, DC -- A study released February 14 showed that -- nearly 4 1/2 years after President George W. Bush signed into law the Help America Vote Act of 2002 -- voters with disabilities continue to be blocked from casting an independent, secret ballot. The study's author found that some of the newest electronic voting systems still lack accessibility features for people who cannot read, for whatever reason, or who cannot use touch screens. Many also lack privacy curtains that keep other people from seeing how the voter voted.

Judge Rules State Improperly Cut Medical Equipment Coverage
St. Louis, MO -- On March 2, U. S. District Court Judge Dean Whipple ruled that the state of Missouri improperly cut coverage of medical equipment -- including such things as feeding tubes, catheters, crutches, and wheelchair batteries -- from its Medicaid budget in 2005. The judge then ordered the state to restore coverage of medical equipment to an estimated 370,000 Missourians receiving Medicaid. Whipple said that, while coverage of some medical equipment is optional under the joint federal-state healthcare program, Missouri did not follow a reasonable standard in deciding what to cut.

Dole, Shalala Chosen To Investigate Conditions At Veterans' Hospitals
Washington, DC -- President George W. Bush has appointed military veteran and former Senator Bob Dole, along with former Secretary of Health and Human Services Donna Shalala, to head up a bipartisan investigation into reports that some wounded soldiers are receiving poor treatment in substandard housing when they return from Afghanistan and Iraq. The Department of Defense has come under fire recently for failing to anticipate the number of soldiers that would be wounded and the types of wounds they would sustain, particularly the high rates of traumatic brain injuries. Dole and Shalala said they intend to look into reports of poor housing conditions at Walter Reed Army Medical Center and other military hospitals.

Scientists Call For New Research Into "Disorders Of Consciousness"
New York, NY -- Researchers at New York-Presbyterian/Weill Cornell Medical Center are calling for nationwide research into "disorders of consciousness", including how and where patients with severe brain injuries are currently being treated. The neurologists say much more needs to be learned about the diagnoses of "persistent vegetative state" and "minimally conscious state", particularly in light of the Terri Schiavo controversy and recent research showing that some patients regain brain function, months, years or even decades after their initial trauma.

Are You Ready For Mr. Wheelchair America?
Iowa City, IA -- Dreams Incorporated announced in late March that it is launching the first Mr. Wheelchair America competition. The nonprofit said the competition is open to men between the ages of 21 and 60 who use wheelchairs for all of their daily mobility, and are willing to educate the public and represent the accomplishments of people who have disabilities. The winner will be selected based on his professional and personal achievements, communication skills, advocacy work, self-confidence and other attributes, and will need to be available to travel and make appearances across the United States.

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