News Highlights For April & May 2008
From Inclusion Daily Express Disability Rights News Service

Accessibility
Settlement Means Dozens Of Hospitals Will Improve Access
Portwood Says He Will Take Sidewalk Fight To Next Level
Disability Group Report: Many City Crosswalks Are Unsafe
Houston Honored As Most Accessible City
Judge Tosses Theater Accessibility Suit; State To Appeal
Advocates Join Businesses In Supporting Accessibility Bill
Appeals Court Says U.S. Must Make Currency Accessible

Advocacy
Historic U.N. Disability Rights Treaty Goes Into Effect
Congress To Address Danger Of Quiet Cars
Travelers Sue Northwest Airlines And Detroit Airport For Discrimination
People First: Agency Retaliated Against Us For Speaking Out
Appeals Court: Guardian Cannot Force Woman's Sterilization
ADAPT Rolls Into DC For 25th Anniversary Of Direct Action
Activists Arrested After Holding McCain's Office And Republican Headquarters
Democratic Party Chair Slams McCain And Republicans After ADAPT Arrests
Paratransit Users Yearn For Paper And Pencil Dispatch System

Community Living
Proposed Medicaid Rule Would Allow Thousands To Choose Community
City Must Pay For Stalling On Group Home
New High-Tech Homes Could Keep People Out Of Nursing Facilities
Community Living Helps People With Down Syndrome Enjoy Longer Lives
Senators Want To Expand Housing For Thousands Of Hurricane Survivors
Connecticut Plan Would Allow 5,000 To Move From Nursing Homes
Justice Department Says Town Treated Women Unfairly
Rural Mobility Providers Lobby For Funding To Offset High Gas Prices

Crimes Against People With Disabilities
Woman Arrested For Leaving Boyfriend On Floor For A Month
McCarron Sentenced To 36 Years For Murdering Daughter
Judge Praises Mother Who Poisoned Son During Christmas Visit
Couple Accused Of Putting Woman Through 13-Year Ordeal
Deputy Charged With Felony Over Dumping Inmate From Wheelchair

Education
Fourth-Grader Arrested, Tasered At School
Paralympian Scores Big As Lawmakers 'Level Playing Field' For School Athletes
California Settles With Advocates Over High School Exit Exam
Mom Accuses School Of Locking Son In Closet 78 Times
Dad Says Teachers Injured Son During 'Prone' Restraint
Parents On Opposite Sides Of School's Service Dog Ban
Police Review Bus Fight Caught On Cell Phone Cameras
School District Under Investigation For Restraint And Seclusion Use
New Student Restraint Limits Don't Go Far Enough, Say Advocates
Governor: Yes, Virginia, A Public School Really Is A Public Entity
Muslim Community Supports Student Whose Service Dog Was Threatened

Employment
Games Organizers Ignore Workers With Disabilities
Wal-Mart To Pay $300,000 To Settle Job Applicant Discrimination Case

Institutions
Report Shows Texas Institutions Are Housing More Kids
Nebraska Legislature Authorizes Panel To Look Into Ongoing Problems At Institution
Adolescent Center To Close Amid Reports Of 'Unlawful And Irresponsible" Behavior
Lawmakers Remove Controversial Nursing Home Lawsuit Bill From Vote
State Fired Or Suspended More Than 800 Institution Workers For Mistreating Residents
Despite Recent Improvements, Oakwood Could Still Lose Millions
Newspaper Exposes Abuses At Texas Psych Hospitals
Second Rainier Worker Sentenced Over Videotaped Abuse
Privacy Rule Protects Alleged Nursing Home Abusers

In Other News
Minnesotans Show Zambians Their Best Practices
American Voters Now More Comfortable With Electronic Polling Machines
Miss Iowa Makes Pageant History
Webb Introduces Bill To Allow Counselors And Schools To Share Student Mental Health Records
Despite Disability Rating, Discharged Soldier Gets Called Up For Duty In Iraq
Appeals Court Refuses To Hear Airlines' Challenge To New Attendant Rules
Congratulations Governor, It's A Beautiful Baby Boy!
Important Case Against Veterans Affairs Goes To Trial
Army Corps Brags About New Mixed-Ages Kurdish Institution
Influential Doctors' Task Force Decides Who To Treat In A Disaster
DAISY Software Makes MS Office Documents More Readable To Millions
New U.S. Airline Regs Would Expand Protections Globally
State Settles With Mom Over Discrimination Claims
Are Text Reminders The Answer For Teens' Missed Meds?
Accused Euthanasia Doctor Pushes For Legal Protections During Disasters

ACCESSIBILITY

Settlement Means Dozens Of Hospitals Will Improve Access
BERKELEY, CALIFORNIA--Twenty-eight hospitals and healthcare facilities operated by Sutter Health will become more accessible to people with disabilities because of a legal agreement with the nonprofit law firm Disability Rights Advocates. The agreement settles a 2005 class action filed on behalf of patients who alleged that Sutter Health had failed to make their facilities accessible in violation of the Americans with Disabilities Act. Sutter agreed to provide accessible medical equipment and examination tables; sign language interpreters; hospital information in Braille formats or audio; along with more wheelchair ramps and more accessible parking.

Portwood Says He Will Take Sidewalk Fight To Next Level
LANCASTER, KENTUCKY--Garrard County District Judge Bill Oliver found Olmer Portwood guilty of breaking Lancaster's pedestrian code by riding his motorized wheelchair in the streets. The judge then ordered him to pay a $20 fine and court costs -- and to stay out of the streets. Portwood argued that he had no choice but to ride in the streets because many of the neighborhoods in the small town do not have any sidewalks. Even where there are sidewalks, they are often too dangerous, he said. He said he plans to sue the city because it is violating his rights and the rights of other wheelchair users by not making sidewalks safe and accessible.

Disability Group Report: Many City Crosswalks Are Unsafe
FREMONT, CALIFORNIA--Officials of the city of Fremont say they will take seriously a report by a disability rights group that found safety problems at a number of crosswalks around town. The Tri-City Disability Action Network had presented findings of an informal review that 20 members made of nine intersections in Fremont. The group found that some crossing signals did not give them enough time to safely cross the streets; curb ramps were not safe for wheelchair users; only about one half had signal buttons that could be reached from wheelchairs; and only one intersection had audible crossing signals for blind pedestrians.

Houston Honored As Most Accessible City
HOUSTON, TEXAS--On May 2, Houston Mayor Bill White accepted the National Organization on Disability's Accessible America Award for 2007. The award has been given each of the last seven years to cities that focus "on disability issues and successful design of programs, services and facilities that are accessible for citizens and visitors who have disabilities." Along with the "Most Accessible City" designation, Houston also received a $25,000 check to continue its efforts.

Judge Tosses Theater Accessibility Suit; State To Appeal
PHOENIX, ARIZONA--State Attorney General Terry Goddard has filed an appeal to the 9th U.S. Circuit Court of Appeals after a federal judge ruled that Harkins Theaters does not have to provide closed captioning for patrons with hearing-related disabilities and audio narration for those with vision-related disabilities. Goddard had filed the suit in 2006 claiming that the cinema chain discriminated against customers with these disabilities. Goddard asked the court to force Harkins to make more of its then 262 screens to include both captioning and narration devices. U.S. District Judge Roslyn Silver ruled against Goddard, however, saying that the attorney general was asking for too much, and that the ADA must "be interpreted to have some practical, common-sense boundaries."

Advocates Join Businesses In Supporting Accessibility Bill
SACRAMENTO, CALIFORNIA--Several prominent California disability rights groups have joined the business community in supporting Senate Bill 1608 which is designed to improve accessibility while preventing advocates from filing a large number of accessibility lawsuits. SB 1608 would create an independent Disability Access Commission to educate the public and provide advice on ADA issues. It would encourage architects, developers, and businesses to use state-certified accessibility specialists to make sure new construction follows the law. It would also create a process to more quickly resolve lawsuits from people who claim a business has violated the law.

Appeals Court Says U.S. Must Make Currency Accessible
WASHINGTON, DC-- The U.S. Court of Appeals for the District of Columbia Circuit ruled Tuesday that the U.S. Treasury Department must find a way to design paper currency so that blind people can independently tell the difference between denominations. The court agreed with the American Council of the Blind, which said in a 2002 lawsuit that Treasury discriminated against blind Americans in violation of Section 504 of the Rehabilitation Act. The Council had proposed several options, including printing bills of different sizes, adding embossed dots or foil to the paper, or using raised ink.

Top of page

ADVOCACY

Historic U.N. Disability Rights Treaty Goes Into Effect
UNITED NATIONS-- The International Convention on the Protection and Promotion of the Rights of Persons with Disabilities went into effect on May 3, one month after Ecuador became the 20th country to ratify it. The U.N.'s first human rights treaty of the 21st century, it was developed and negotiated over several years by delegates from more than a hundred countries. More than 100 countries signed onto the treaty last year, but it needed the governments of 20 countries to ratify it before it could come into force. Few countries have ratified the Optional Protocol, which would allow people to petition the Committee on the Rights of Persons with Disabilities if they believe a country has violated the treaty.

Congress To Address Danger Of Quiet Cars
WASHINGTON, DC--Bipartisan legislation now in the U.S. House of Representatives would help protect blind pedestrians from quiet and silent cars. The Pedestrian Safety Enhancement Act of 2008 would require the Secretary of the Department of Transportation to establish safety standards for hybrid cars and other vehicles that make no or little noise. This could mean requiring automakers to install devices to alert pedestrians in their path. The National Federation of the Blind has been actively working with state and federal lawmakers to draw attention to the fact that the increasing number of nearly silent hybrid cars is creating a dangerous situation for pedestrians with vision-related disabilities.

Travelers Sue Northwest Airlines And Detroit Airport For Discrimination
DETROIT, MICHIGAN--Five air travelers with disabilities have sued Northwest Airlines and Wayne County Airport Authority, which operates Detroit's Metro Airport, for violating their rights under the federal Americans with Disabilities Act, the Air Carrier Access Act, and the Rehabilitation Act. They want the court to force the airlines and airport to stick to an out-of-court settlement they agreed to follow in 2006. The suit alleges that Metro and Northwest have dropped passengers with disabilities onto the floor, failed to provide boarding assistance, failed to provide an area for service dogs to relieve themselves, and routinely tossed wheelchairs into baggage storage, causing damage that often takes months to get repaired.

People First: Agency Retaliated Against Us For Speaking Out
MURFREESBORO, TENNESSEE--The self-advocacy group People First of Tennessee is accusing the state's Division of Mental Retardation Services of retaliating against it for doing just what it was created to do: Help people with intellectual and other disabilities to advocate for themselves and others. People First said in an April 6 press release that the state has contracted with the nonprofit since 1987 to help people with disabilities to learn to speak up and become contributing members of their communities. This year, after the organization's members spoke up against funding cuts in the upcoming state budget -- including a 6.1 percent cut in payments to community service providers -- the organization received notice that the state would not renew its contract to provide advocacy training.

Appeals Court: Guardian Cannot Force Woman's Sterilization
CHICAGO, ILLINOIS--In what is believed to be the first ruling of its kind in Illinois, a state appeals court ruled Friday that a woman with an intellectual disability couldn't be surgically sterilized against her wishes. The Illinois Appellate Court ruled unanimously that the 29-year-old woman's guardian, who is also her aunt, could not order a tubal ligation for her niece, known only as "K.E.J." in court papers. The three-judge panel said that tubal ligation was "a particularly drastic means" of preventing pregnancy when other less intrusive birth control methods are available.

ADAPT Rolls Into DC For 25th Anniversary Of Direct Action
WASHINGTON, DC--About 500 ADAPT activists converged on Washington, DC, during the week of April 27 to celebrate the group's 25th anniversary and to continue the push for Congress to pass the Community Choice Act. On Sunday, they participated in a Fun Run (& Roll) to raise money to help members with low incomes to attend local and national actions in the future. For about six hours on Monday, ADAPT members shut down the Hubert H. Humphrey Building, which is headquarters for the U.S. Department of Health and Human Services, and demanded to meet with HHS Secretary Michael Levitt. The Secretary eventually agreed to set a time to meet with ADAPT members to discuss the policy barriers that force seniors and people with disabilities into nursing homes and other institutions.

Activists Arrested After Holding McCain's Office & Republican Headquarters
WASHINGTON, DC--On April 29, several dozen ADAPT activists -- as many as 75 by some counts -- were arrested after they blocked the entrances to the buildings that house both the offices of Senator John McCain and the Republican National Committee. Several ADAPT members said they felt ignored and disrespected after McCain staff and RNC staff refused to meet -- even after a 9 hour standoff. ADAPT has wanted the Republican presidential candidate to endorse the Community Choice Act. Democratic candidates Senators Hillary Rodham Clinton of New York and Barack Obama of Illinois, along with dozens more Democrats and Republicans, have co-sponsored the bill. McCain, however, has not signed on.

Democratic Party Chair Slams McCain And Republicans After ADAPT Arrests
WASHINGTON, DC--Howard Dean, the Chairman of the Democratic National Committee, criticized Senator John McCain and the Republican National Committee for refusing to meet with disability rights advocates to discuss changing the long-term care system to allow more people with disabilities to live outside nursing homes. Several dozen ADAPT activists, many in wheelchairs, were arrested after they blocked the entrances to the buildings that house the offices of both the RNC and the Republican Party's presumptive presidential nominee. The disability rights group has wanted Senator McCain to endorse the Community Choice Act. The measure would allow people who are eligible for Medicaid long-term care benefits to have the choice of in-home and community-based supports instead of having to go into a nursing home.

Paratransit Users Yearn For Paper And Pencil Dispatch System
CHICAGO, ILLINOIS--More than a dozen Chicago disability rights advocates rallied outside the headquarters of Pace, the city's fixed-route paratransit van service, in mid-May. The advocates, most of which are passengers that use wheelchairs, complained that since Pace switched to its new $3 million computerized dispatch system on March 28, the number of late pick-ups, deliveries, and "no shows" have left many riders waiting for their rides or sitting for hours in vans waiting to get to their destinations. Pace officials said the new computer system was simply overwhelmed by the volume of rides. The riders suggested it might be time to move back to the old pencil and paper method for scheduling.

Top of page

COMMUNITY LIVING

Proposed Medicaid Rule Would Allow Thousands To Choose Community Supports
WASHINGTON, DC--A proposal by the U.S. Centers for Medicare and Medicaid Services would allow thousands of Americans, who previously could only receive Medicaid-funded services in nursing homes and other institutions, to be given the choice to receive them in their homes. According to a March 31 press statement, the proposed rule gives state Medicaid programs guidance on how to implement part of the Deficit Reduction Act of 2005 that allows them to provide home and community-based services without having to prove that the individual is at risk of being institutionalized.

City Must Pay For Stalling On Group Home
MARKHAM, ILLINOIS--In what was reported as the largest settlement of a fair housing and disability discrimination lawsuit in the state of Illinois, the city of Markham has agreed to pay $400,000 to St. Coletta's of Illinois Foundation. St. Coletta's had purchased a new home in Markham last November for six men with developmental disabilities. But when the nonprofit went to the city to get permits to install a fire alarm and sprinkler system, city officials allegedly tried stalling, and falsely said the group home operators needed a business license. St. Coletta's took the city to court, which ordered the city to issue the needed permits. But after the city failed to follow that order, the court held the city and its mayor in contempt. The men moved into their new house in February after the court issued a restraining order.

New High-Tech Homes Could Keep People Out Of Nursing Facilities
MCKEESPORT, PENNSYLVANIA--Blueroof Technologies, working with local universities, has developed a number of one-story homes that are full of technological advances to help people with disabilities to live as independently as possible. Sophisticated sensors and monitors are built into the homes to let the occupants -- or relatives and care providers via the Internet or a cell phone -- know when a front door, kitchen cabinet, or refrigerator are opened -- or when they have not been opened for long periods of time. Audible reminders can be programmed in to let the person know when to take medication. Sensors in the medicine cabinet can determine if the person still has not taken the medication, and alert caregivers or medical personnel.

Community Living Helps People With Down Syndrome Enjoy Longer Lives
MCMINNVILLE, TENNESSEE--Not long ago, few people born with Down syndrome were expected to live beyond their first year. Now, because of medical advances and, more importantly, changes in attitudes, many can expect to live into their 60s and 70s. In fact, the change from housing people in institutions to helping them live with loving, supportive families appears to be the number one reason life expectancy for people with Down syndrome has skyrocketed. The April 29 Tennessean introduced readers to Mary Perry, who at 73 is thought to be one of the oldest Americans with Down syndrome.

Senators Want To Expand Housing For Thousands Of Hurricane Survivors
WASHINGTON, DC--U.S. Senators Thad Cochran and Roger Wicker of Mississippi and Mary Landrieu of Louisiana have introduced legislation that would provide more than $200 million in federal aid to build or repair homes for seniors and residents with disabilities who fled the Gulf Coast because of hurricanes Katrina and Rita. The bipartisan Gulf Coast Multifamily and Assisted Housing Recovery Act would provide money to finance the construction of 1,500 new housing units in Gulf Coast states. It would also require the U.S. Department of Housing and Urban Development to prepare a housing plan for seniors and people with disabilities in future disasters.

Connecticut Plan Would Allow 5,000 To Move From Nursing Homes
HARTFORD, CONNECTICUT--A measure that would greatly expand Connecticut's Money Follows the Person Project has been approved by the state's Senate. The proposal would allow more than 5,000 seniors and people with disabilities to move out of nursing homes and other institutions and use their Medicaid long-term care funds for in-home and other community-based supports. The project currently provides funding for about 700 people in Connecticut.

Justice Department Says Town Treated Women Unfairly
SATSUMA, ALABAMA--The U.S. Department of Justice has filed a fair housing lawsuit against the City of Satsuma for trying to keep three women with intellectual disabilities from moving into a group home. Justice officials filed the suit on May 7 in U.S. District Court for the Southern District of Alabama, after the U.S. Department of Housing and Urban Development received complaints alleging that the city had discriminated against the women in violation of the federal Fair Housing Act. The suit asked the court to order the city to stop discriminating against people with disabilities, to require it to grant the accommodations the women need, to pay unspecified monetary damages to the women, and pay a fine.

Rural Mobility Providers Lobby For Funding To Offset High Gas Prices
LITTLE ROCK, ARKANSAS--While high gas prices are hitting the pocket books of all Americans, they are hitting especially hard those agencies that provide transportation to seniors and people with disabilities, particularly in rural areas. Across the country, transportation providers are lobbying their lawmakers and members of Congress to increase funding to help them to continue to serve rural citizens and keep them from being further isolated. In Arkansas, the rates that the Medicaid program uses for reimbursing such services are based on 1999 levels -- when a gallon of gas cost just under $1.20. Dusty Maxwell of the Association of Developmental Disability Providers told Arkansas legislators that many community programs are at risk of closing if more funding is not found soon for transportation services.

Top of page

CRIMES AND ABUSE AGAINST PEOPLE WITH DISABILITIES

Woman Arrested For Leaving Boyfriend On Floor For A Month
TONAWANDA, NEW YORK--A Tonawanda woman was arrested on April 2 after she allegedly allowed her 54-year-old boyfriend to lie on the bedroom floor of her home for more than a month. Pamela J. Gabrys, 52, was charged with misdemeanor endangering the welfare of an incompetent person. Police said Gabrys called 9-1-1 to report that her boyfriend, whose name is being withheld, had not gotten up of the floor after he fell in early March. Gabrys told police her boyfriend ordered her not to call for help.

McCarron Sentenced To 36 Years For Murdering Daughter
PEKIN, ILLINOIS--Dr. Karen McCarron has been sentenced to 36 years in prison without the possibility of parole for suffocating her 3-year-old daughter Katherine and then trying to cover up the crime. The former pathologist was convicted in January of murder, obstruction of justice, and concealment of a homicide in the death of Katie, who had autism. McCarron had confessed to police that on May 13, 2006, she suffocated Katie with a plastic trash bag, then pretended to be surprised that the girl would not wake up. During the two-week trial, the jury heard that McCarron told police that she was trying to end her pain and that of her daughter's "disease". Many people testified that McCarron was embarrassed by her daughter's autism, and was obsessed with finding a cure.

Judge Praises Mother Who Poisoned Son During Christmas Visit
CINCINNATI, OHIO--Rasheed Michael Standifer died from an overdose of the pain killer morphine given to him by a nurse -- his own adoptive mother, Cynthia Standifer. Ms. Standifer admitted giving a lethal cocktail of drugs, including the morphine, to her 25-year-old son, who had intellectual disabilities, while he was at her home for a Christmas visit. Her attorney said her 56-year-old client decided to kill her son to keep him from having to go into an institution. On May 21, Judge David Davies praised Standifer for adopting a child with disabilities and caring for him for two decades. Then he gave her the minimum sentence of 3 years in prison for involuntary manslaughter.

Couple Accused Of Putting Woman Through 13-Year Ordeal
MUNCIE, INDIANA--A Muncie couple has been arrested over allegations that they sexually assaulted a woman in their care over a 13-year period -- beginning when she was a young teenager. The aunt of the 27-year-old woman that has an intellectual disability told police her niece revealed to her that Duane Ray Tackett attacked her several times each month, up until last month. Mr. Tackett was arrested and charged with sexual misconduct with a minor, criminal deviate conduct and child solicitation, the Muncie Star Press reported. Tackett's wife, Patricia, reportedly confessed to allowing her husband to abuse the woman, and even participated in the acts. She also was arrested and charged with sexual misconduct of a minor.

Deputy Charged With Felony Over Dumping Inmate From Wheelchair
TAMPA, FLORIDA--Prosecutors have charged former Hillsborough County Sheriff's Deputy Charlette Marshall-Jones, 44, with abusing the disabled, a third-degree felony punishable by up to five years in prison. Video taken from a surveillance camera at Orient Road Jail shows what appears to be Marshall-Jones walking up behind the wheelchair of inmate Brian Sterner, 32, then lifting the back of it, causing him to tumble out and onto the floor. Sterner, who has been quadriplegic since a 1994 wrestling accident, claims he suffered multiple injuries from being dropped out of his wheelchair.

Top of page

EDUCATION

Fourth-Grader Arrested, Tasered At School
ORANGE COUNTY, FLORIDA--An 11-year-old girl with a learning disability has been arrested and charged with battery on a law enforcement officer, disrupting a school function, and resisting with violence, after an elementary school resource officer zapped her with a Taser stun gun. Thaliamar Jimenez allegedly hit Orange County Sheriff's Deputy Donna Hudepohl in the nose as the officer tried to escort her to the principal's office at Moss Park Elementary. The fourth-grader's mother, Sandra Garcia, told WFTV that her daughter was afraid of the officer and did not intend to hurt her when she started to swing her arms on the way to the office. Hudepohl was treated at a local hospital for severe bruising of her nasal cavity.

Paralympian Scores Big As Lawmakers 'Level Playing Field' For School Athletes
ANNAPOLIS, MARYLAND--Advocacy work, led primarily by high school athlete and Paralympic wheelchair champion Tatyana McFadden, has finally paid off for countless students across her state. On April 7, Maryland's General Assembly unanimously approved its Fitness and Athletics Equity for Students with Disabilities bill. The measure requires schools develop plans to help athletes with disabilities compete either against other athletes with disabilities or athletes without disabilities. McFadden, who has spina bifida, sued the Maryland State Department of Education and the Maryland Public Secondary School Athletic Association a year ago, saying that their refusal to allow her to compete and earn points for her high school track team amounted to discrimination.

California Settles With Advocates Over High School Exit Exam
SACRAMENTO, CALIFORNIA--An independent expert will review the impact on students with disabilities of the mandatory California High School Exit Exam as part of an agreement between the State of California and the nonprofit legal firm Disability Rights Advocates. If approved by the Alameda County Superior Court, the agreement would settle a class action lawsuit filed on behalf of thousands of students in special education programs across the state. The plaintiffs claimed that the state discriminated against these students when it required them to pass the exit exam in order to earn high school diplomas, even if they met all other graduation requirements.

Mom Accuses School Of Locking Son In Closet 78 Times
CENTERFIELD, KENTUCKY--The mother of an 8-year-old boy with autism has filed official complaints with Kentucky's Department of Education over claims that his teachers locked him in a closet dozens of times last fall. Jeanie Montgomery says that over an 11-week period, her son Matthew was placed 78 times in a 4-foot by 5-foot room that Crestwood Elementary calls a "time-out area". She also said that a lock had been installed on the outside of the door to keep Matthew inside. School officials said that the lock was put in place to keep children from going inside the room -- not to keep Matthew from getting out. They added that the lock was removed several months ago.

Dad Says Teachers Injured Son During "Prone" Restraint
HUNTINGTON BEACH, CALIFORNIA--Robert Velasquez has filed two official complaints against Ocean View School District and the City of Huntington Beach, claiming that his 7-year-old son was physically and emotionally injured when a teacher and an aide held him facedown last September. Velasquez is seeking $505,000 in damages in each claim, in which he alleges that the district failed to adequately supervise and train staff, and protect his son from child abuse and battery. He claims his son, who has autism, suffered a broken nose, and had bruises and scratches on his chest and stomach from the restraint.

Parents On Opposite Sides Of School's Service Dog Ban
NORTH FRANKLIN TOWNSHIP, PENNSYLVANIA--Linda and Robert Dallatore say their 7-year-old son, Bradley, needs to have his service dog Jiffy with him at school to help him with his autism. Michael and Misty Plants say their son, Michael, is highly allergic to dogs and should not have to be around the Labrador retriever. The Trinity School District, where both boys attend, has banned Jiffy from coming into the building during school hours. But state and federal laws say service animals must be allowed in public places. Mr. & Mrs. Dallatores said that they would take their case to Civil Rights Division of the Department of Education if a solution cannot be worked out.

Police Review Bus Fight Caught On Cell Phone Cameras
INDUSTRY, PENNSYLVANIA--In late April, police in the town of Industry were reviewing cell phone videos of a fight between two students with disabilities on a Western Beaver High School bus. Their investigation also included interviewing students who witnessed the April 17 incident. Police Chief Gerold Miller said charges would likely be filed against James Bainbridge, 16, who has since been suspended from the school. The videos allegedly showed Bainbridge beating Elliot Richard, also 16, and striking him as many as 14 times. Police were also investigating reports that some of the other students may have placed bets on who would win the fight. Police said it was clear that several students blocked the bus driver from intervening.

School District Under Investigation For Restraint And Seclusion Use
FORT COLLINS, COLORADO--The U.S. Department of Education's Office for Civil Rights, Colorado's Legal Center for People with Disabilities and Older People, and the Department of Regulatory Affairs are investigating the Poudre School District over its use of restraints and seclusion on elementary students with intellectual disabilities. The Legal Center released a report in April, in which it found that Werner and Linton elementary schools did not properly use, or properly document, instances when students were restrained or placed in "time-out". Interviews with parents led investigators to believe that some students were being restrained more often then needed, were placed in "time-out" for long periods of times, and may have been locked into seclusion rooms and not monitored properly when they were inside. The report also concluded that teachers used these techniques to punish or discipline students, which would have violated state regulations.

New Student Restraint Limits Don't Go Far Enough, Say Advocates
NASHVILLE, TENNESSEE--Disability rights advocates in Tennessee claimed a small victory in early May after the state Senate passed a new measure that would limit the use of restraints and seclusion for students with disabilities. The new law places some restrictions on how, when, and why teachers can restrain students or put them in "time out". It makes it illegal for teachers to use chemical restraints or noxious substances such as pepper spray, to lock students in seclusion, or to restrain students facedown. It also outlines, for the first time, how teachers must document these practices. Advocates were disappointed, however, that the law still allows teachers to use mechanical restraints, and other forms of restraint "in emergency situations, if necessary to assure the physical safety of the student or others nearby."

Governor: Yes, Virginia, A Public School Really Is A Public Entity
RICHMOND, VIRGINIA--On May 6, Governor Tim Kaine signed a law to clarify that Virginia's public schools are, indeed, public entities, and are covered under federal and state anti-discrimination laws. This means that beginning July 1 of this year schools will have to allow students with disabilities to bring their service animals with them. Stafford School District officials have refused to permit 10-year-old Matt Hooios to bring his service dog Calder to Margaret Brent Elementary School. They argued that schools are not public buildings, and don't have to allow the dog for Matt, who has hydrocephalus. The Americans with Disabilities Act and the Virginians with Disabilities Act both have required places of public accommodation to allow service animals.

Muslim Community Supports Student Whose Service Dog Was Threatened
ST. CLOUD, MINNESOTA--The plight of a student teacher and his service dog has turned into an opportunity for local Muslims to educate the public about what they say is a common misunderstanding -- even among Muslims. St. Cloud State University student Tyler Hurd said he withdrew from the school because he feared for his service dog, Emmitt, after a Muslim student from Somalia threatened to kill the Labrador retriever. The Minnesota chapter of the Council on American-Islamic Relations responded immediately with a press statement expressing support for Hurd, who has epilepsy. The Council explained that while Muslims must wash off a dog's saliva before prayer, they are not forbidden to touch dogs. In fact, they are required to protect dogs -- along with the rights of people with disabilities. The Council noted that it has had to educate fellow Muslims about service and guide dogs, especially in cases where Muslim taxi drivers have refused to transport dogs.

Top of page

EMPLOYMENT

Games Organizers Ignore Workers With Disabilities
VANCOUVER, BRITISH COLUMBIA--Disability advocates in British Columbia said in early April that Olympic and Paralympic organizers have done little to make sure they have a diverse workforce for planning and organizing the 2010 Winter Games, which Vancouver is set to host. In fact, a report showed that only two people with disabilities had been hired for the Games, compared to 502 without disabilities. This seems in sharp contrast to the vision that Vancouver Mayor Sam Sullivan spoke of when he accepted the Olympic flag from his motorized wheelchair during the closing ceremonies of the 2006 Games in Torino, Italy.

Wal-Mart To Pay $300,000 To Settle Job Applicant Discrimination Case
ST. LOUIS, MISSOURI--Wal-Mart has agreed to pay $300,000 to settle a discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission on behalf of Steven J. Bradley Jr. a job applicant with cerebral palsy. Bradley used forearm crutches and a wheelchair when he applied for greeter and cashier positions at a Richmond, Missouri Wal-Mart in 2001. Wal-Mart did not hire Bradley, saying he was not qualified for either job. Bradley took his case to the EEOC, which sued in federal court. But a judge threw out the case, saying EEOC lawyers had not presented enough evidence for a jury to rule in Bradley's favor. Last February, a federal appeals court reversed that decision, saying that it was inappropriate for the judge to toss out the case and that it should be heard by a jury. The appellate court said Wal-Mart failed to prove that Bradley could not have done either job without reasonable accommodations as required under the ADA.

Top of page

INSTITUTIONS

Report Shows Texas Institutions Are Housing More Kids
AUSTIN, TEXAS--Children with disabilities are being institutionalized at a growing rate within the Texas residential state school system, the Dallas Morning News reported on April 2. In fact, while the number of adults with developmental and other disabilities in state-run institutions has declined, the number of children housed in Texas institutions has grown by 80 percent in the last five years. State officials say children are only housed at institutions for short periods of time as they wait for permanent family homes. Community advocates point to what they say are alarming signs that the state is starting to use the facilities for more permanent housing, including building new playgrounds, along with "little boys and little girls units," some of which have bars on the windows.

Legislature Authorizes Panel To Look Into Ongoing Problems At Institution
LINCOLN, NEBRASKA--State lawmakers unanimously passed a resolution on April 8 calling for an investigation into conditions for residents at Beatrice State Developmental Center. It establishes a Developmental Disabilities Special Investigative Committee, which will include a number of state Senators that will have the power to hire attorneys and investigators. The panel will also have the authority to issue subpoenas to force people to testify, if necessary. The facility, which houses 300 adults and children with intellectual and other disabilities, has been at risk of losing federal Medicaid money on and off for nearly two years because of allegations of abuse, neglect, and lack of adequate supervision.

Adolescent Center To Close Amid Reports Of 'Unlawful And Irresponsible" Behavior
SAN JOSE, CALIFORNIA--Starlight Adolescent Center, a locked psychiatric treatment facility for youths age 12 to 18, is closing its doors in June, the San Jose Mercury News reported. In recent months, state officials cited the 36-bed institution for 14 violations that placed the youths in "immediate risk" and 12 other violations that posed potential harm -- including one instance where a resident's arm was broken during a restraint, and another where a resident with an eating disorder lost 15 pounds over a short time. Two months ago, the Mental Health Advocacy Project called Starlight's use of physical restraints and seclusion "unlawful and irresponsible" behavior, and cited the facility for 518 violations of state law.

Lawmakers Remove Controversial Nursing Home Lawsuit Bill From Vote
NASHVILLE, TENNESSEE--Supporters called it the "Nursing Home Patient Protection Act of 2008", but opponents called it the "Kill Old People Cheap Act of 2008". Regardless of the name, it appears Tennessee lawmakers will not be voting on the bill that would have limited the amount patients or their families could receive when they sue nursing homes. On April 8, a House panel sent the proposal, which would have allowed nursing homes to require patients to agree not to take the facility to court -- as a condition of admission -- to a committee for further study. Representatives of the nursing home industry said the growing number of lawsuits against facilities was forcing them to divert money from patient care to pay for liability insurance and attorneys. But advocates for seniors and people with disabilities, including AARP, said suing nursing homes was the only recourse for patients that have been abused or neglected.

State Fired Or Suspended More Than 800 Institution Workers For Mistreating Residents
DALLAS, TEXAS--Over the last four years, more than 800 employees at state-run institutions in Texas have been fired or suspended over alleged abuse, neglect or exploitation of residents with intellectual and other disabilities. The Texas Department of Family and Protective Services also verified 450 incidents of abuse and neglect at state-run institutions last year after investigating 3,500 allegations. The Associated Press asked to see the records as the state comes under increased scrutiny from disability rights groups, the U.S. Department of Justice, and the U.S. Centers for Medicare and Medicaid Services over conditions at Denton State School, which houses about 650 people with disabilities.

Top of page

Despite Recent Improvements, Oakwood Could Still Lose Millions
SOMERSET, KENTUCKY--An administrative law judge has ruled that the U.S. Centers for Medicare and Medicaid Services has the power to withhold millions of dollars from the state of Kentucky because of a series of cases of abuse and neglect at the state-run Communities at Oakwood. The federal agency, which pays for nearly one-half of the operating costs at the institution, decided to cut off funding in September 2005 after the facility had received its fifth "Type A" citation, the most serious kind of citation the government can give for health and safety violations. The facility went on to receive another 21 such citations over the following year, as it appealed the federal government's decision. The citations have stopped since the state turned operations over to a regional mental health agency.

Newspaper Exposes Abuses At Texas Psych Hospitals
AUSTIN, TEXAS--In the last three years, 72 employees at Texas' state-run psychiatric hospitals have been fired after being accused of abusing residents. The Dallas Morning News reported that dozens of employees at the state's ten mental health facilities have been accused of violence against residents, including beatings, choke-holds, improper restraints, and sexual assaults. While several experts told the paper that there would always be accusations of abuse and neglect in any institutional setting, the paper concluded that the problems are systemic. Just last year, the state psychiatric hospitals had 137 confirmed cases of abuse.

Second Rainier Worker Sentenced Over Videotaped Abuse
BUCKLEY, WASHINGTON--Karl Whitehouse, a former employee of Rainier School, was sentenced on May 16 to 30 days in jail and 60 days of house arrest for assaulting residents at the state-run institution. Pierce County Judge Judy Jasprica sentenced Whitehouse after reviewing videotape by undercover television news crews. KIRO-TV investigators, tipped off by a concerned Rainier employee, captured images of Whitehouse, Michelle Ann Martin, and David Pardy assaulting residents during an outing last summer. The three Rainier workers are seen on the video slapping, pushing, punching, and poking residents during the August 29 picnic, reportedly held at a park on the institution's campus. Ms. Martin pled guilty to assault in April and served six days in jail. Mr. Pardy was scheduled to go to trial on assault charges in late May.

Privacy Rule Protects Alleged Nursing Home Abusers
DES MOINES, IOWA--A new interpretation of an old Iowa nursing home law -- designed to protect victims of abuse, neglect, or exploitation -- is having the unintended consequence of protecting the alleged perpetrators. The Des Moines Register reported that administrative law judges with Iowa Workforce Development have started sealing the records of former nursing home workers that file for unemployment benefits after being fired for alleged abuse or neglect. That means investigators, nursing home administrators, the general public, and the alleged victims cannot review those documents or use them in court. Iowa Attorney General Tom Miller said the 1991 law was supposed to keep private the names of victims. But until recently, the names of the abusers and their employers have been available publicly, even on Workforce's website.

Top of page

IN OTHER NEWS

Minnesotans Show Zambians Their Best Practices
MINNEAPOLIS, MINNESOTA--A nine-member delegation from the southern African nation of Zambia visited Minneapolis and St. Paul in April to learn from Minnesota disability groups how to improve life for people with disabilities in their home country. The visitors said that few people with disabilities in Zambia have the chance to enjoy a proper education or jobs, and that most are forced to stay in their own homes because of the social stigma. The delegation saw how different groups -- including parent associations, self-advocacy organizations and government agencies -- could work together toward the same goals. They told MinnPost.com that they were particularly impressed with the Minnesota Consortium for Citizens With Disabilities, a collaborative group of 100 different organizations.

American Voters Now More Comfortable With Electronic Polling Machines
FRAMINGHAM, MASSACHUSETTS--Eight years after the punch-card voting debacle of the general election in 2000, American voters say they now trust --and even prefer -- electronic touch-screen voting machines. The Brookings Institute and the information technology firm InfoSentry Services, Inc. reported that voters who were surveyed said they preferred touch-screen systems to traditional paper and punch-card ballot systems. This represents a dramatic shift in attitudes from when disability groups first called for polling methods that allowed all voters to cast a private, confidential ballot suggested electronic voting systems. Touch-screen systems allow people with various disabilities to do just that.

Miss Iowa Makes Pageant History
LAS VEGAS, NEVADA--Abbey Curran has made history. The 20-year-old Miss Iowa is believed to be the first contestant with a physical disability in Miss USA pageant history. Even though she was eliminated early on, for Curran, who has cerebral palsy, it was the realization of a life-long dream, especially considering that doctors told her parents she would never walk on her own. In September 1994, Heather Whitestone from Birmingham, Alabama, became the first deaf Miss America.

Webb Introduces Bill To Allow Counselors And Schools To Share Student Mental Health Records
WASHINGTON, DC--Senator Jim Webb of Virginia has introduced a bill that would protect colleges and universities from liability for sharing information about students' mental health histories if they believe in "good faith" that the students pose a threat to themselves or others. The proposal was introduced on April 15 -- nearly one year to the day that Seung-Hui Cho shot and killed 32 students and faculty members at Virginia Polytechnic Institute and State University before killing himself. Webb's bill would change the Family Educational Rights and Privacy Act to allow on-campus and off-campus mental health counselors to share students' confidential information in certain circumstances.

Despite Disability Rating, Discharged Soldier Gets Called Up For Duty In Iraq
BUFFALO, NEW YORK--The Department of Defense has ordered former U.S. Army Specialist James Raymond to report for active duty -- even though he was honorably discharged in September 2004. The Department of Veterans Affairs had granted Raymond a 10 percent permanent disability rating after he injured his knee and lost the hearing in one ear from a mortar blast while fighting in Afghanistan. After learning that Raymond was ordered to appear at Fort Benning, Georgia on May 18, three members of the U.S. House of Representatives that represent the western part of the state of New York successfully petitioned the Defense Department to postpone Raymond's redeployment long enough for him to finish his classes at the University of Buffalo and to appeal the order.

Appeals Court Refuses To Hear Airlines' Challenge To New Attendant Rules
OTTAWA, ONTARIO--In what Canadian disability rights advocates are hailing as a legal victory, Canada's Federal Court of Appeal has turned down a request by air carriers to hear an appeal of a new policy requiring airlines to offer free seating for personal attendants of passengers with disabilities. In January, the Canadian Transportation Agency ruled that airlines must stop charging a second fare for people who need an attendant for medical reasons. The policy also applies to overweight people who need two seats. Air Canada and WestJet appealed, arguing that the new rule would create a financial hardship for the airlines. The CTA, however, argued that the airlines had failed to prove that.

Congratulations Governor, It's A Beautiful Baby Boy!
JUNEAU, ALASKA--On April 18, Alaska Governor Sarah Palin and her husband Ted welcomed Trig Paxson Van Palin into their family and the world. Soon after Trig was born, he was diagnosed with Down syndrome. "Trig is beautiful and already adored by us," the Palins said in a statement on the governor's website.

Important Case Against Veterans Affairs Goes To Trial
SAN FRANCISCO, CALIFORNIA--An important legal case that could impact hundreds of thousands of veterans went to trial in April. The nonprofit legal firm Disability Rights Advocates filed the class action last July on behalf of Veterans for Common Sense and Veterans United for Truth. It accuses the U.S. Department of Veterans Affairs of discriminating against veterans that have Post Traumatic Stress Disorder. It claims that between 15 and 50 percent of soldiers returning from Iraq and Afghanistan experience PTSD, but that because of a huge backlog of claims -- estimated at 600,000 veterans -- many go months or years without the necessary medical or psychological treatment. This has led to such problems as severe depression causing many to give up, turn to alcohol or drug addiction, or commit suicide.

Top of page

Army Corps Brags About New Mixed-Ages Kurdish Institution
ERBIL, IRAQ--The U.S. Army Corps of Engineers boasted that it is in the final stages of constructing a multi-million dollar facility that would house 60 seniors and 240 orphans age 2 to 18 -- many of them with disabilities. The facility features six three-story residential units and a multipurpose building surrounding a playground. In a press release, Gary York, area engineer in the Corps' Erbil Resident Office, said the institution is modeled after similar facilities in the United States.

Influential Doctors' Task Force Decides Who To Treat In A Disaster
CHICAGO, ILLINOIS--A task force of doctors from universities, the U.S. military and government agencies has decided who will be last to receive lifesaving treatment in a major flu pandemic or other disaster -- or will not receive such treatment at all. The May edition of the medical journal of the American College of Chest Physicians published the report from the task force which explained that since there likely won't be enough resources for everyone in a disaster, doctors and hospital personnel should understand ahead of time which patients would be left out. Specifically, those would include people over age 85; patients with severe traumatic injuries; severely burned patients over age 60; patients with "severe mental impairment"; and people with severe chronic diseases, such as advanced heart disease, lung disease or poorly controlled diabetes.

DAISY Software Makes MS Office Documents More Readable To Millions
REDMOND, WASHINGTON--On May 7, Microsoft launched a free tool that will change Microsoft Office documents, such as MS Word, into the globally accepted standard for digital talking books developed by the Digital Access Information SYstem Consortium, known as DAISY XML. This means is that millions of people, whose disabilities that affect their ability to read, will now be able to more easily access computer and online documents that had been pretty much off limits until now.

New U.S. Airline Regs Would Expand Protections Globally
WASHINGTON, DC--Airline passengers with disabilities will have expanded protections under new rules issued by the U.S. Department of Transportation. The regulations would strengthen current rules in the 1986 Air Carrier Access Act, which protects people with disabilities from discrimination on all commercial flights in the United States. The new rules would extend to all international flights that start or end in the U.S., regardless of whether they are foreign or domestic air carriers, and to all flights by U.S. air carriers, regardless of the origination or destination. The new rules would also make it easier for passengers that need medical oxygen during a flight, and provide improved accommodations for those who are deaf or hard-of-hearing.

State Settles With Mom Over Discrimination Claims
HELENA, MONTANA--The Montana Department of Public Health and Human Services announced on May 9 that the agency would pay $330,000 to a mother who uses a wheelchair to settle her claims that it discriminated against her because of her disability. Gerri Glass sued the state three years ago, saying that when her son Gage was born, workers from the department's Child and Family Services threatened to take the boy away from her if she failed to follow certain conditions -- including being alone with the newborn. Last year, a hearings officer said the state had exaggerated her disability, and had set stricter rules for her than parents without disabilities. In the settlement, the state will pay $50,000 toward a trust for Glass, contribute $100,000 toward future payments to her son, and pay $180,000 to her attorneys.

Are Text Reminders The Answer For Teens' Missed Meds?
CINCINNATI, OHIO--A team of researchers is looking at text messaging -- a technology that most young patients use several times every day -- to get teenagers and adolescents to take their medications at the right time. The idea was sparked by a pediatric asthma specialist at Cincinnati Children's Hospital who found it difficult to carry on conversations with her patients because they kept getting interrupted by text messages on their cell phones. Some teens said the text reminders give them the feeling of independence, without making them feel out of place.

Accused Euthanasia Doctor Pushes For Legal Protections During Disasters
BATON ROUGE, LOUISIANA--Two measures in the Louisiana Senate would protect medical workers from liability during declared emergencies. Senate Bills 301 and 330 are responses to the arrests of a doctor and two nurses at New Orleans' Memorial Medical Center following Hurricane Katrina, who were accused of injecting lethal doses of drugs into four patients. Charges were later dropped against the nurses. The doctor, who has not yet been indicted, is championing the bills.

Top of page