News Highlights For May & June 2010
From Inclusion Daily Express Disability Rights News Service

Accessibility
Group Says State Discriminates Against Deaf People With Intellectual Disabilities
Appeals Court Rules Theater Owners Must Provide Accessible Devices
More Kentuckians Oppose Discrimination Based On Disability
Ticket Scalpers Hawk Accessible Twins' Seats On-Line
Deaf Patients Sue Jacksonville Hospital Over Lack Of Interpreters
Anaheim Angels' Fan Sues City And Ball Club For Lack Of Accessible Seating
New DOT Rule Extends Disability Protections To Passenger Ships And Boats
Teen Is One Of The First To Cross Mile High Swinging Bridge By Wheelchair

Advocacy
Senate And House Disability Advocates Introduce Eunice Kennedy Shriver Act
Advocates Form Wheelchair Blockade To Get Lawmakers' Attention
Advocacy Group Says State Failed Deaf People During Water Crisis
Senate Panel Approves 'Rosa's Law'
Name Change At Agency To Remove 'Retardation'
New Jersey Looks To Remove 'Retarded' And 'Idiot' From State Law
Activists Protest At "Inaccessible and Dangerous" Expressway On-Ramp
California Activists Rebuild "Arnieville" To Protest Budget Cuts
Advocates Stage Sit-In At Senator Brown's Office

Community Living
Wayne Baker Goes To Washington To Show Support For Institution Closures
Community Advocates Rally To Urge OK Lawmakers To Stop Cuts
Lawmakers Block $41.6 Million Plan To Fingerprint In-Home Care Recipients
Justice Department Files Briefs Accusing Three States Of Failing On Olmstead
ADAPT Activists Confront House Speaker Pelosi Over Community Choice Act
Home Health Care Supporters Decry State Cuts
Judge Orders State To Provide Community Services For Michele Haddad

Crimes Against People With Disabilities
Bunkhouse Caretakers Say They Were Told To Cut Food To Cut Costs
MDRI To United Nations: JRC Violates Torture Treaty By Using Skin Shocks, Aversive Treatment
Police Find 12-Year-Old Girl Chained To Bed In Filth
Institution Worker Faces Manslaughter Charges Over Woman's Death
Men Face Hate Crime Charges For Kidnapping Man With Intellectual Disabilities, Burning Swastika Into His Skin
Nine Suspects Charged With Kicking, Beating Teenager
Tara's Law Will Protect Disabled From Abuse
TSA Agent Arrested On Charges Of Stealing Money From Passenger In Wheelchair
Four People Face Charges For Tattooing Teen Against His Will
Mother Killed Son; Said His Autism Would 'Ruin' Her Life

Criminal Justice System
Teen With Asperger Syndrome Sentenced To Life In Prison
Advocates Investigate Death Of Young Man In Police Custoday
Family Wins $700,000 Settlement In Police Restraint Death Case

Education
NFB: Law Schools Discriminate Against Blind Applicants
Seclusion, Restraints Could Be Out, Severely Limited In Schools
Student's Hand Duct Taped To Wheelchair
Parents Reach Record $5 Million Settlement Over Alleged Abuse Of Students With Autism
Governor Signs Controversial Restraint Bill; Advocates Urged Crist To Veto
Georgia Advocates Challenge Board To Strengthen School Restraint And Seclusion Rule
Textbook Calls Down Syndrome An 'Error'; Parents Want Book Removed
Discipline Numbers Flag Need To Address Disabilities

Employment
New Labor Department Tool Helps Employers Understand Nondiscrimination Laws
Deaf Workers Suing State Over No Accommodations
Starbucks To Pay $80,000 To Settle Discrimination Suit
People With Disabilities Continue To Face Higher Jobless Rate

Institutions
U.S. Government Claims Arkansas Institutions Violate Residents' Rights
Cleaning Up Toxic Fernald Campus Could Be Costly . . . And Dangerous
Video Of Staff With Pillow Over Resident's Face Shows They Need More Training, Says Official
Governor Moves To Close Alexander Human Development Center
State Apologizes For Treatment Of Those With Disabilities
Monitors Find Ongoing Staffing And Neglect Troubles At Lubbock Facility
Report: Kids Choked, Stripped, Beaten At Facilities
State Inspectors' Reports Find Shoddy Conditions At Mental Health Complex
U.S. Supreme Court Agrees To Hear Advocacy Group's Suit Over Institution Records

Technology
New Application 'Speaks' For People With Communication Disabilities
Apple Reverses No-Cash Payment Policy And Gives Woman Free iPad
Carmakers Agree With Advocacy Groups To Make Electric Cars Noisier
Study: Thousands Of Kids Injured By Use Of Crutches, Walkers And Wheelchairs
Special Wheelchair Paraglider Will Allow New Flight

In Other News
Veteran Duo's Quick Action Averted Times Square Bombing
Bus Seat Belt Laws Mostly Exclude Wheelchairs
Vice President Humphrey's Granddaughter Affected Public Policy
Jonathan Carey's Father Launches State Senate Bid
Biotech Firm Pumped Up Stock Price By Lying About Down Syndrome Screening Test
Vet Seeks Speed Record In Rocket-Propelled Wheelchair
House Committee Questions Level Of Funding For FEMA Disability Office
He Has Cerebral Palsy, And Could Be The Next Oprah
Secaucus Landlord Wrong To Deny Apartment To Couple With Service

ACCESSIBILITY

Group Says State Discriminates Against Deaf People With Intellectual Disabilities
HARRISBURG, PENNSLVANIA-The Disability Rights Network of Pennsylvania has filed a class action lawsuit in U.S. District Court against the Pennsylvania Department of Public Welfare alleging multiple violations of federal law in how the agency provides services to deaf people with intellectual disabilities. According to the complaint, only a small fraction of Pennsylvania counties have any residential or day programs that accommodate the needs of deaf residents with intellectual disabilities.

Appeals Court Rules Theater Owners Must Provide Accessible Devices
PHOENIX, ARIZONA--Theater owners have to make special devices available to ensure those with hearing and vision disabilities can enjoy the movies, a federal appeals court ruled last week. In a unanimous decision, the 9th Circuit Court of Appeals rejected arguments by attorneys for the Arizona-based Harkins theater chain that nothing in federal law requires them to purchase and install the necessary equipment. The judges said the kinds of devices at issue here clearly fall within the requirements of the Americans with Disabilities Act.

More Kentuckians Oppose Discrimination Based On Disability
LOUISVILLE, KENTUCKY--According to a Courier-Journal/WHAS 11 Bluegrass Poll, more Kentuckians believe businesses should be legally required to provide access to people with disabilities than to serve customers of all ethnic backgrounds.The poll was taken May 25-27, shortly after Kentucky's Republican U.S. Senate nominee Rand Paul generated national controversy by suggesting that government shouldn't have the authority to bar private businesses from discriminating against customers based on race -- a key provision of the 1964 Civil Rights Act.

Ticket Scalpers Hawk Accessible Twins' Seats On-Line
MINNEAPOLIS, MINNESOTA-The Star Tribune reported in June that ticket scalpers have been using Craigslist or other sites to sell tickets for accessible seating at Minnesota Twins baseball games intended specifically for wheelchair users. Some have sold tickets for wheelchair accessible seating at highly inflated prices to people who do not use wheelchairs, preventing some fans with disabilities from being able to attend.

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Deaf Patients Sue Jacksonville Hospital Over Lack Of Interpreters
JACKSONVILLE, FLORIDA--Jacksonville Area Legal Aid has filed a lawsuit in federal court on behalf of seven deaf emergency-room patients. The suit accuses Baptist Health Systems of violating the Americans With Disabilities Act by failing to provide qualified sign-language interpreters. Among the complaints was that the lack of interpreters effectively meant a denial of medical care.

Anaheim Angels' Fan Sues City And Ball Club For Lack Of Accessible Seating
ANAHEIM, CALIFORNIA-An Anaheim Angels Baseball fan has filed a lawsuit in federal court claiming that the baseball club and the city violated his rights by failing to provide basic accommodations to a premiere seating level at Angel Stadium. J. Paul Charlebois, who uses a wheelchair, said he attended a July 2009 game with a friend that holds Angels' season tickets on the club level. When he attempted to access the club level, Charlebois discovered that he couldn't get to a seat in his wheelchair, according to the lawsuit.

New DOT Rule Extends Disability Protections To Passenger Ships And Boats
WASHINGTON, DC--Secretary of Transportation Ray LaHood has announced the first federal rule to specifically provide Americans with Disabilities Act protections to people with disabilities who travel on boats and ships. Under the new rule, vessel operators cannot charge extra for accessibility-related services to passengers, cannot require passengers to furnish their own attendants, and cannot deny access to passengers based on disability. Vessel operators will have to provide information to passengers about the accessibility of their facilities and services and make a knowledgeable person available to resolve accessibility concerns.

Teen Is One Of The First To Cross Mile High Swinging Bridge By Wheelchair
LINVILLE, NORTH CAROLINA-Luke Wilcox, a 13-year-old with cerebral palsy, became one of the first people to cross the Mile High Swinging Bridge at Grandfather Mountain by wheelchair. The event marked the recent opening of the Top Shop building, which is equipped with an elevator, providing wheelchair access to the Mile High Bridge. Prior to the construction of the new Top Shop building and the addition of an elevator, the 228-foot suspension bridge could only be accessed by climbing 50 stairs.

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ADVOCACY

Senate And House Disability Advocates Introduce Eunice Kennedy Shriver Act
WASHINGTON, DC--Bipartisan leaders in both the U.S. Senate and House have unveiled the Eunice Kennedy Shriver Act, legislation that continues her legacy by reauthorizing the Special Olympics Sport and Empowerment Act and the Best Buddies Empowerment for People with Intellectual Disabilities Act. The legislation also authorizes grants to support research, training and technical assistance at universities with expertise in serving people with intellectual disabilities and their families.

Advocates Form Wheelchair Blockade To Get Lawmakers' Attention
OKLAHOMA CITY, OKLAHOMA--Several people in wheelchairs formed a blockade outside the Oklahoma House chamber on May 18 to urge departing lawmakers to vote against budget cuts that protesters said would put them in nursing homes and take away their mobility. The advocates lined up outside the chamber to press their concerns to House members after lawmakers adjourned for the day. The Oklahoma Health Care Authority, the state's Medicaid agency, has said reduced state funding could eliminate money for durable medical equipment, which includes wheelchairs, for those who receive Medicaid.

Advocacy Group Says State Failed Deaf People During Water Crisis
BOSTON, MASSACHUSETTS-The Disability Policy Consortium has filed a federal civil rights complaint with the Department of Justice over how the state of Massachusetts handled a drinking water crisis in May. The complaint accuses the state of being unprepared to adequately respond to the needs of seniors and people with disabilities when a water main break left nearly 2 million eastern Massachusetts residents under an order to boil their water for several days. The complaint also alleges the state did not provide sign language interpreters at press conferences or captioning for video clips posted on the state website.

Senate Panel Approves 'Rosa's Law'
WASHINGTON, DC--The U.S. Senate Health, Education, Labor and Pensions Committee has approved "Rosa's Law", a measure to remove the words "mental retardation" and "mentally retarded" from federal labor, health and education laws to help remove what supporters describe as a hurtful label. The law is named for Rosa Marcellino, a 9-year-old Maryland girl with Down syndrome, who worked with lawmakers in her own state to enact similar legislation.

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Name Change At Agency To Remove 'Retardation'
ALBANY, NEW YORK--For the second time in a year, New York lawmakers are considering changing the name of one of the only state agencies in the country with "retardation" still in its title: "Office of Mental Retardation and Developmental Disabilities." Of the dozens of states that once used "retardation" in an agency or department title, only New York and Rhode Island still do.

New Jersey Looks To Remove 'Retarded' And 'Idiot' From State Law
TRENTON, NEW JERSEY--The New Jersey Senate Health and Senior Services Committee has approved legislation that would remove demeaning and disrespectful terms for individuals with developmental disabilities from state law. S-1982 would delete all references to the terms "mental retardation," "mentally retarded," "idiot," and "feeble-minded" in statutes and regulations and replace them with the term "intellectual disability." Senators sponsoring the bill said that removing such references would help break down exclusionary barriers for New Jerseyans with intellectual or other developmental disabilities.

Activists Protest At "Inaccessible and Dangerous" Expressway On-Ramp
CHICAGO, ILLINOIS--Activists from the disability rights group ADAPT demonstrated at the Roosevelt Road on-ramp to the northbound Dan Ryan Expressway, saying the curb cut on each corner of the ramp was "inaccessible and dangerous" for people with disabilities. ADAPT organizers said the incline on the sidewalk is too steep and does not meet the Americans with Disabilities Act guidelines for curb cut slopes.

California Activists Rebuild "Arnieville" To Protest Budget Cuts
BERKELEY, CALIFORNIA-Advocates for community-based services and supports established "Arnieville" on June 22 to protest state budget cuts to senior and disability services. The encampment is named for Governor Arnold Schwarzenegger to remind the public of the Hoovervilles which sprang up in the Great Depression. The protesters said the state's yearly budget cycles "threaten seniors and people with disabilities with homelessness and institutionalization".

Advocates Stage Sit-In At Senator Brown's Office
BOSTON, MASSACHUSETTS--About 20 local advocates, including people with disabilities and their families, crowded the reception area of Senator Scott Brown's Boston office to persuade him to vote in favor of more federal health care funding. Without that funding, budget cuts in Massachusetts would probably end many services for people with disabilities, demonstrators said.

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COMMUNITY LIVING

Wayne Baker Goes To Washington To Show Support For Institution Closures
TRENTON, NEW JERSEY-On May 10, Wayne Baker embarked on a one-man walk from the New Jersey Statehouse to the White House to support the closure of state-run institutions and improvements in community-based supports. Baker, 24, who has cerebral palsy, plans to turn footage of his trek into a documentary film.

Community Advocates Rally To Urge OK Lawmakers To Stop Cuts
OKLAHOMA CITY, OKLAHOMA-In early May, hundreds of Oklahomans with disabilities and service providers crowded into lawmakers' offices as the Legislature worked to finalize a state budget for the upcoming fiscal year. Legislative leaders have warned that massive cuts to state agency budgets are likely, because of a projected $1.2 billion revenue shortfall.

Lawmakers Block $41.6 Million Plan To Fingerprint In-Home Care Recipients
SACRAMENTO, CALIFORNIA--A Senate budget subcommittee has blocked a projected expenditure of $41.6 million over the next seven years to photograph and fingerprint recipients of In-Home Supportive Services. State officials had devised the plan to integrate the data into the state's existing Statewide Fingerprint Imaging System, to prevent people from fraudulently enrolling multiple times in different counties or under different names. But two senators on the three-member Senate Budget Subcommittee No. 3 voted to deny using $8.2 million this fiscal year to begin the project.

Justice Department Files Briefs Accusing Three States Of Failing On Olmstead
WASHINGTON, DC--The U.S. Department of Justice has filed legal briefs in separate cases in Florida, Illinois and New Jersey claiming the three states are failing to comply with the Americans with Disabilities Act and the Supreme Court's 1999 decision in Olmstead v. L.C.. Thomas E. Perez, Assistant Attorney General for the Civil Rights Division, said that "Florida, Illinois and New Jersey can provide community-based services to people with disabilities, and the law requires them to do so to prevent unnecessary institutionalization."

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ADAPT Activists Confront House Speaker Pelosi Over Community Choice Act
WASHINGTON, DC-On June 8, about 20 members of the disability rights group ADAPT chanted "our homes, not nursing homes" at a progressive conference, forcing House Speaker Nancy Pelosi to shout her comments over their collective voices. According to Politico.com, the activists interrupted Pelosi's speech, to call for the passage of the Community Choice Act, which would make it easier for people with disabilities to receive care in their own homes instead of at nursing homes and other institutions. Pelosi paused to listen to their message but decided to continue the rest of her talk.

Home Health Care Supporters Decry State Cuts
INDIANAPOLIS, INDIANA--Advocates for home-based health care on June 17 criticized the state for slashing the budget for the Community and Home Options to Institutional Care for the Elderly and Disabled. The CHOICE program provides in-home and community services to older adults and people with disabilities at risk of losing their independence. Advocates, including those with the Indiana Home Care Task Force, pointed out that they have been trying for years to reduce the number of people going into nursing homes by shifting them to home-based care, thereby saving the state financially.

Judge Orders State To Provide Community Services For Michele Haddad
JACKSONVILLE, FLORIDA-A U.S. District Court in Jacksonville ordered the state of Florida on June 23 to provide Michele Haddad with services that will enable her to remain in her home. Haddad has quadriplegia and has lived successfully in the community since a 2007 motorcycle accident with a drunk driver. When Haddad, who has been on the waiting list for Medicaid community-based waiver services for two years, notified the state of an increased need for services, she was told that such services would only be available if she was willing to enter a nursing home for 60 days. The Justice Department filed a brief on Haddad's behalf, arguing that she would suffer irreparable harm if forced to enter a nursing home to receive necessary services.

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CRIMES AND ABUSE AGAINST PEOPLE WITH DISABILITIES

Bunkhouse Caretakers Say They Were Told To Cut Food To Cut Costs
DES MOINES, IOWA--A couple, who helped supervise 21 workers with intellectual disabilities that lived for years in hazardous conditions in an old bunkhouse, testified on May 3 that they were told to cut spending on groceries for the men, some of whom were later found to be malnourished. Dru and Randy Neubauer testified at a hearing over alleged labor violations by Henry's Turkey Service, which allegedly provided workers to West Liberty Foods, a food processing plant. Testimony showed that, in exchange for their labor, the workers saw just $65 per month of their paychecks for full-time work, with deductions taken out for room and board and care.

MDRI To United Nations: JRC Violates Torture Treaty By Using Skin Shocks, Aversive Treatment
CANTON, MASSACHUSETTS--Mental Disability Rights International has filed a report and an urgent appeal with the United Nations Special Rapporteur on Torture alleging that the Judge Rotenberg Center violates the UN Convention against Torture. MDRI's report follows in in-depth investigation into the use of restraint boards, isolation, food deprivation and electric skin shocks in efforts to control the behaviors of students with disabilities. Investigators found that JRC has subjected children to electric shocks on the legs, arms, soles of feet and torso -- in many cases for years -- as well as some for more than a decade.

Police Find 12-Year-Old Girl Chained To Bed In Filth
PARK FOREST, ILLINOIS--A couple is facing criminal charges for leaving their 6-year-old son alone at the woman's Park Forest house -- with their 12-year-old niece chained to a bed and lying in her waste. Renee L. Dennis, 35, was charged with felony criminal neglect of a disabled person and endangering the life or health of a child. Paul Coleman, 38, was charged with the same crimes as well as failure to register as a sex offender. Police said they went to the house on May 1 after the boy called 911. An officer entered the house and found the girl wearing a nylon dog harness, with a chain connecting her harness to a wooden crib and the leg of a bunk bed. Her clothing was wet and stained with feces, and she was wearing a diaper that had not been changed in several days.

Institution Worker Faces Manslaughter Charges Over Woman's Death
PORTERVILLE, CALIFORNIA-Porterville Developmental Center employee John Richard Fleming pleaded not guilty on May 10 to manslaughter in the death of PDC resident Barbara Hawkins. As a psychiatric technician, Fleming was reportedly responsible for looking after and caring for Hawkins, and did not properly restrain her into the lap belt of her wheelchair. She later slid down into the chair, limiting her ability to breath. Fleming also faces charges for crimes against dependant adults.

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Men Face Hate Crime Charges For Kidnapping Man With Intellectual Disabilities, Burning Swastika Into His Skin
FARMINGTON, NEW MEXICO--The three men believed to be associated with the white supremacist movement were charged in May with allegedly branding a swastika on the arm of a man with intellectual disabilities. Jesse Sanford, 24, William Hatch, 28, and Paul Beebe, 26, were charged with first-degree felony kidnapping, second-degree felony conspiracy to commit kidnapping, third degree felony aggravated battery causing great bodily harm and fourth-degree felony conspiracy to commit aggravated battery. The men are accused of using a heated wire hanger fashioned in the shape of a swastika to burn the 22-year-old victim's flesh. They also are accused of shaving the symbol on the back of the man's head and drawing degrading pictures and speech on his body, including a pentagram, devil horns and the words "White Power".

Nine Suspects Charged With Kicking, Beating Teenager
BOSTON, MASSACHUSETTS--Seven young men and two juveniles have been charged with beating and kicking a 19-year-old man with an intellectual disability - in broad daylight on a busy Dorchester street. The prosecutor says the mob left the man bloodied and screaming for help. Each suspect denied being involved in the alleged attack, while some even suggested they had tried to help the victim, whom they knew. He was treated at the scene for minor injuries.

Tara's Law Will Protect Disabled From Abuse
TRENTON, NEW JERSEY--On April 30, Gov. Chris Christie signed a bill that creates an internal registry within the Department of Human Services of care providers who have been found to have abused people with developmental disabilities under their care. The measure was championed by relatives of Tara O'Leary, a 29-year-old woman with intellectual disabilities who died after being allegedly grossly neglected while living in a state-licensed home.

TSA Agent Arrested On Charges Of Stealing Money From Passenger In Wheelchair
NEWARK, NEW JERSEY--Transportation Security Administration agent Leroy Ray has been arrested for allegedly stealing nearly $500 dollars from a wheelchair user as she passed through a security checkpoint at Newark Airport on February 3. The victim reported $300 dollars in cash in a white envelope was missing as was $195 dollars that was in a zippered pocket of her bag. Surveillance video showed Ray reaching into the woman's bag to steal the cash as it passed through the X-ray machine.

Four People Face Charges For Tattooing Teen Against His Will
CONCORD, NEW HAMPSHIRE--Four people have been charged with tattooing obscene words onto the backside of a 14-year-old Concord High School student with intellectual disabilities. The boy told police that the suspects had teased and bullied him, but they told him he wouldn't be picked on anymore if he submitted to the tattooing. Prosecutor Scott Murray said the victim was targeted because of his disability.

Mother Killed Son; Said His Autism Would 'Ruin' Her Life
BOULDER, COLORADO--Stephanie Rochester, 34, has been charged with first-degree murder and child abuse resulting in the death of her 6-month-old son Rylan. According to police, Rochester told officers she used a plastic bag and blankets to asphyxiate the infant because she believed he had autism. She said she intended to kill herself and her child because his autism would emotionally and financially "ruin" her life. Rochester said that the child's pediatrician refused to take seriously her insistence that the boy had autism.

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CRIMINAL JUSTICE SYSTEM

Teen With Asperger Syndrome Sentenced To Life In Prison
WOBURN, MASSACHUSETTS--John Odgren, 19, has been given a mandatory sentence of life in prison without the possibility of parole after being convicted of stabbing to death fellow Lincoln-Sudbury Regional High School student James Alenson in January 2007. Odgren had been diagnosed with depression, anxiety, Asperger syndrome, and attention deficit hyperactivity disorder. The jury did not accept the defense theory that Odgren was not guilty by reason of insanity, that the murder was the product of a lifetime of mental illness and torment and loneliness -- of "a million bees buzzing in my head" as he once described it.

Advocates Investigate Death Of Young Man In Police Custody
LEXINGTON, KENTUCKY--Officials with Kentucky Protection and Advocacy said they were looking into the death of Roland Campbell, 21, who had autism and did not speak. Campbell died on April 18 after police placed him in handcuffs when responding to a call about "a mentally challenged subject that was out of control" at a group home. Agency officials said they are trying to determine whether Campbell's death, and another incident where a person lost consciousness in police custody, are part of a "systematic problem" in how police handle calls involving people with disabilities.

Family Wins $700,000 Settlement In Police Restraint Death Case
NEW MIAMI, OHIO--The family of Bobbie Ray Steele, a man with schizophrenia and intellectual disabilities who died after he was handcuffed and pepper sprayed by Butler County deputies in 2007 has been awarded a $700,000 settlement. As part of the agreement, deputies are getting more training on how to recognize and deal with similar suspects. Steele was 40 when deputies responding to a domestic disturbance at his home restrained him face down. After his death, an autopsy showed that Steele died from a combination of factors, including the struggle with police.

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EDUCATION

NFB: Law Schools Discriminate Against Blind Applicants
BALTIMORE, MARYLAND--The National Federation of the Blind has filed complaints with the United States Department of Justice, Civil Rights Division, requesting investigations of nine prominent law schools for violating the civil rights of blind and other print-disabled law school applicants. The NFB alleged that the law schools require applicants who wish to have the convenience of applying online to use a centralized Internet-based application process provided by the Law School Admissions Council through its Web site that is inaccessible to blind law school applicants. While sighted law school applicants can use the LSAC system to submit multiple law school applications at once, blind students must seek sighted assistance to use the LSAC system, in violation of Title III of the ADA.

Seclusion, Restraints Could Be Out, Severely Limited In Schools
ATLANTA, GEORGIA--Georgia public schools could soon be barred from putting students in so-called "seclusion rooms," like the one where 13-year-old Hall County student Jonathan King hanged himself in 2004. Such rooms would no longer be allowed in a Georgia public school under proposed rules the state Board of Education is considering. The use of physical restraint of students also would be reserved for only extreme cases. King was attending the Alpine Program, a public school in Gainesville for students with emotional and behavioral problems, when he killed himself with a cord a teacher gave him to hold up his pants. His final hours were spent in an 8-by-8 seclusion with no windows, bathroom, food or water.

Student's Hand Duct Taped To Wheelchair
ALAMOSA, COLORADO-- The Legal Center for People with Disabilities is investigating an Ortega Middle School teacher for using duct tape to restrain a student's arm to his wheelchair. The agency said they believe the act, considered "mechanical" restraint, is against state law. While the teacher's supervisor said the incident never should have happened, District Attorney David Mahonee said that the teacher deserved a medal for her work with students who have severe disabilities.

Parents Reach Record $5 Million Settlement Over Alleged Abuse Of Students With Autism
PHILADELPHIA, PENNSYLVANIA--Parents who alleged that their autistic children had been tied to chairs with bungee cords and duct tape in a Scranton-area schoolroom have agreed to settle a federal civil-rights suit for $5 million. Plaintiffs' attorneys said the settlement appeared to be the largest ever in Pennsylvania involving the abuse of children in a special-education classroom. The parents of seven children at the Clarks Summit Elementary School in the Abington Heights School District contended that teacher Susan Comerford Wzorek slapped children, pulled them by the hair, and deliberately stepped on the insoles of their feet.

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Governor Signs Controversial Restraint Bill; Advocates Urged Crist To Veto
TALLAHASSEE, FLORIDA--Gov. Charlie Crist signed into law the state's first regulations for the use of seclusion and restraint on public school students with disabilities. The law prohibits school employees from using a mechanical or manual restraint that restricts breathing, from locking a disabled student in a room that fails to meet state fire marshal rules, and requires training for employees working with children with disabilities. Some parents and special-education advocates wanted Gov. Crist to veto the bill because they said it didn't go far enough to protect students.

Georgia Advocates Challenge Board To Strengthen School Restraint And Seclusion Rule
ATLANTA, GEORGIA--Five leading Georgia disabilities advocacy organizations gathered at the State Board of Education to implore its members to pass and strengthen a new rule to protect schoolchildren from restraint and seclusion. The Coalition behind the "Safe Schools Initiative" declared at a public hearing and press conference its determination to free all children from the harmful practices of restraint and seclusion. They called for the 13-body board to go beyond passing the Rule 160-5-1-.35 as it is currently written but to also strengthen it by adding a safeguard that would require data collection and analysis.

Textbook Calls Down Syndrome An 'Error'; Parents Want Book Removed
BRIDGEWATER, MASSACHUSETTS-Tom and Pauline Lewis have asked their son's school to remove a science textbook that uses the term "mental retardation" and characterizes Down syndrome as a genetic "error." The couple said the textbook, "Science Explorer: Cells and Heredity", would not only shape how their son sees himself, but also how his seventh grade classmates see him and other people with Down syndrome.

Discipline Numbers Flag Need To Address Disabilities
DOVER, DELAWARE--A News Journal analysis of 2008-2009 school year data found that Delaware students with disabilities accounted for about 20 percent of those suspended but nearly 14 percent of the student population. National studies have shown that these students represent about 20 percent of all students suspended but make up about 11 percent of the population. State officials acknowledge the problem and say school leaders must understand what is causing the students' misbehavior. For some parents of special-needs students, the concern is whether educators understand their children's disabilities and how to work with them.

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EMPLOYMENT

New Labor Department Tool Helps Employers Understand Nondiscrimination Laws
WASHINGTON, DC--The U.S. Department of Labor has unveiled a new tool to help America's employers ensure their employment policies and practices do not discriminate against qualified individuals with disabilities. The online Disability Nondiscrimination Law Advisor helps employers determine which federal disability nondiscrimination laws apply to their business or organization and their responsibilities under them. It asks users to answer a few relevant questions in order to take into account relevant variables, such as nature of organization, size of staff and whether the business or organization receives federal financial assistance.

Deaf Workers Suing State Over No Accommodations
SAN FRANCISCO, CALIFORNIA--Seven deaf people who work for the state and an advocacy organization sued Gov. Arnold Schwarzenegger and California in San Francisco Superior Court on May 21, alleging that the state doesn't provide the communication aids they need to do their jobs. The lawsuit by the seven employees and Deaf and Hard of Hearing State Workers United seeks to be certified as a class action on behalf of an estimated 1,500 deaf or hearing-disabled state workers. It alleges that state agencies are failing to provide reasonable accommodations, such as sign language interpreters and videophones, to enable deaf workers to communicate effectively at meetings and events. The lawsuit seeks improvements in state policy and procedures but does not ask for any money.

Starbucks To Pay $80,000 To Settle Discrimination Suit
RUSSELLVILLE, ARKANSAS--Starbucks has agreed to pay $80,000 to settle a lawsuit alleging that a man was not hired at a Russellville store because of his multiple sclerosis. The US Equal Opportunity Employment Commission filed the lawsuit alleging that Starbucks violated the ADA when it refused to even interview Chuck Hannay for one of six open barista positions at one of its stores. Instead, the company hired people with less experience and availability, the agency alleged. A consent decree issued by U.S. District Judge Brian Miller enjoins Starbucks from discriminating based on disability or retaliation.

People With Disabilities Continue To Face Higher Jobless Rate
BOSTON, MASSACHUSETTS--Nearly two decades after the passage of the ADA, advocates for the disabled say much work remains to train job-seekers that have disabilities and match them with employers, especially during the jobless recovery. While the May unemployment rate in the United States for the general population was about 9 percent, the rate among people with disabilities was nearly 15 percent. Businesses slammed by the recession have made cuts that have hit such workers particularly hard, eliminating the part-time and temporary work that many seek.

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INSTITUTIONS

U.S. Government Claims Arkansas Institutions Violate Residents' Rights
LITTLE ROCK, ARKANSAS--The Justice Department has filed a lawsuit alleging that the state of Arkansas is systemically violating the ADA by segregating 1,100 people with intellectual disabilities in its six state-run institutions - here called "Human Development Centers". The suit seeks to enforce the ADA's requirement that Arkansas provide services to individuals with disabilities in the most integrated settings appropriate to their needs, and addresses the state's systemic failure to comply with the ADA in how it provides services to individuals with disabilities. The lawsuit also alleges that the state restricts development of adequate community supports and services to enable individuals to leave the HDCs and to offer viable alternatives to many individuals who are at risk of inappropriate institutionalization.

Cleaning Up Toxic Fernald Campus Could Be Costly . . . And Dangerous
WALTHAM, MASSACHUSETTS--The city of Waltham would like to buy the soon-to-be-closed Walter E. Fernald Developmental Center from the state, but officials must weigh how much of a price tag an environmental cleanup will carry. Certain areas of the campus are so contaminated from asbestos, spilled oil, and coal ash that picnickers should not spread out on a blanket, said Mayor Jeannette McCarthy.

Video Of Staff With Pillow Over Resident's Face Shows They Need More Training, Says Official
RALEIGH, NORTH CAROLINA-Regulators have cited Cherry Hospital with an "immediate jeopardy" violation after staff members were videotaped using improper force and putting a pillow over a patient's face. Lanier Cansler, the secretary of the state Department of Health and Human Services, told a legislative oversight committee that the video shows the staff need additional training in how to properly restrain violent patients.

Governor Moves To Close Alexander Human Development Center
LITTLE ROCK, ARKANSAS--Citing chronic deficiencies, Gov. Mike Beebe has recommended that the Alexander Human Development Center be closed. In a report to DHS and the governor, the state Office of Long Term Care detailed myriad mistakes center staff made in handling a patient's rape allegations against a staff member -- mistakes Beebe said contributed to is decision to end the center's Medicaid certification. Beebe said he also took into account problems with the center's physical plant, proposed staffing increases and challenges in recruiting and retaining staff for the facility that houses 109 adult men, most of them with intellectual disabilities and mental illnesses.

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State Apologizes For Treatment Of Those With Disabilities
SAINT PAUL, MINNESOTA--Legislation publicly apologizing for the state of Minnesota's past treatment of thousands of people with disabilities became law in May. House File 1680/Senate File 1135 passed both the House and Senate without opposition and was signed into law by the governor. The measure noted that decades of institutionalization in the last century, was "a shameful part of Minnesota's history . . ."

Monitors Find Ongoing Staffing And Neglect Troubles At Lubbock Facility
AUSTIN, TEXAS-Independent monitors say that the state-run institution in Lubbock still has big problems, five years after outcries of shoddy care and exploitation sparked a federal investigation. At least 13 employees have been dismissed since July as a result of investigations finding abuse or neglect. Nearly half of the institution's 105 nurse jobs haven't been filled, and the 470 low-wage direct-care workers turn over at an annual rate of 60 percent. The facility houses 230 residents with intellectual disabilities.

Report: Kids Choked, Stripped, Beaten At Facilities
MANVEL, TEXAS-The Houston Chronicle reported that workers at a center for distressed children provoked seven girls with developmental disabilities into a fight of biting and bruising, while staffers laughed, cheered and promised the winners after-school snacks as a reward. State officials learned of the incident at Daystar Residential Inc. the day after it occurred, when a Daystar employee doing health checks found bite marks, scrapes and bruises on the girls' bodies. The fight was one of more than 250 incidents of confirmed abuse and mistreatment in residential treatment centers during the past two years.

State Inspectors' Reports Find Shoddy Conditions At Mental Health Complex
MILWAUKEE, WISCONSIN--Inspections of Milwaukee County's Mental Health Complex found the county psychiatric hospital had erred by failing to properly maintain patient records, failing to get the proper authorization for administering medications and failing to have complete records on physical restraints and drugs used on patients. The reports also found poor oversight of private contractors responsible for food safety and medical records. Inspectors found moldy shower areas, standing water in a hospital laundry and dirty food service areas, with an infestation of fruit flies around foul-smelling garbage.

U.S. Supreme Court Agrees To Hear Advocacy Group's Suit Over Institution Records
RICHMOND, VIRGINIA--The U.S. Supreme Court said it would decide whether Virginia's advocate for people with mental illness can force state officials to provide records relating to deaths and injuries at state mental health facilities. The justices agreed to review a federal appeals court's ruling dismissing the state advocate's lawsuit against Virginia's mental health commissioner and two other officials. The Virginia advocate's office, like protection and advocacy agencies in the other 49 states, was created under two federal laws that give states federal money for monitoring the treatment of people in state facilities.

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TECHNOLOGY

New Application 'Speaks' For People With Communication Disabilities
UNIVERSITY PARK, PENNSYLVANIA--People with communication-related disabilities now have the power to "speak" clearly, thanks to Penn State doctoral candidate Samuel Sennott and David Niemeijer, a software expert in the Netherlands. The duo have developed Proloquo2Go, a software application that runs on iPhone, iPod Touch, and other portable hand-held devices. Users communicate simply by pressing buttons containing illustrated symbols and activating a natural-sounding text-to-speech voice output.

Apple Reverses No-Cash Payment Policy And Gives Woman Free iPad
PALO ALTO, CALIFORNIA-On May 19, Apple Computer announced it had changed its policy of only accepting credit card payments for purchasing iPads. The announcement came one day after a news station reported that Diane Michael, a woman with disabilities on a low income, had been turned away when she tried to buy one of the devices with cash. A clerk told her it was to prevent iPads from reaching the black market. Her story caused outcry all across the country, until Apple not only changed its policy, but also provided Campbell with a free iPad for her troubles.

Carmakers Agree With Advocacy Groups To Make Electric Cars Noisier
WASHINGTON, DC--Automakers and advocates for blind people have joined together to present to Congress a proposal that would address the dangers of silent electric and hybrid cars. The Alliance of Automobile Manufacturers, the Association of International Automobile Manufacturers, the American Council for the Blind, and the National Federation for the Blind are proposing minimum noise levels for future electric cars, because quiet cars endanger pedestrians with sight-related disabilities. The groups presented Congress with suggested language that could become part of the Motor Safety Act of 2010.

Study: Thousands Of Kids Injured By Use Of Crutches, Walkers And Wheelchairs
COLUMBUS, OHIO-While children and adolescents with an injury or disability may use mobility aids such as crutches, walkers and wheelchairs to help them move around more easily, use of these aids has been associated with risk for injury. A study conducted by the Center for Injury Research and Policy of The Research Institute at Nationwide Children's Hospital found that more than 63,000 pediatric mobility aid-related injuries were treated in United States emergency departments from 1991-2008, and the annual number of cases increased 23 percent during the 19-year study period.

Special Wheelchair Paraglider Will Allow New Flight
DRAPER, UTAH--Don Bloswick, a University of Utah mechanical engineering professor, has designed a paraglider wheelchair. Paraglide pilots tested the specially designed wheelchair over Memorial Day weekend.

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IN OTHER NEWS

Veteran Duo's Quick Action Averted Times Square Bombing
NEW YORK, NEW YORK--The New York City bomb scare could have been a much bigger story, complete with dead bodies and burning buildings, if not for Vietnam veterans Duane Jackson and Lance Orton. The men, both street vendors with disabilities, saw the unattended SUV parked in Times Square, and quickly alerted authorities. Their quick actions are credited with averting what could have possibly been a tragic explosion in New York's theater district.

Bus Seat Belt Laws Mostly Exclude Wheelchairs
TOLEDO, OHIO--An Associated Press review of seat belt laws in all 50 states found that just five -- Arkansas, Georgia, Minnesota, Washington and Wisconsin -- require both wheelchairs and their users to be secured on paratransit buses. While federal law requires buses to be equipped with straps that lock down wheelchairs, as well as seat belts and shoulder harnesses to secure passengers themselves, laws in most states don't require that people in wheelchairs on small buses and vans actually wear the seat belts -- even though they're vulnerable to injuries from being tossed around in an accident.

Vice President Humphrey's Granddaughter Affected Public Policy
EDINA, MINNESOTA--Victoria Solomonson, granddaughter of Sen. and then-Vice President Hubert H. Humphrey, passed away May 20 at the age of 49. Solomonson, who was born on election night in 1960, had Down syndrome. While doctors suggested she be institutionalized, her parents chose instead to raise her at home. Her presence is said to have influenced public policy in Minnesota and Washington, DC.

Jonathan Carey's Father Launches State Senate Bid
ALBANY, NEW YORK--Michael Carey, who with his wife Lisa is credited with pushing though a law that increases oversight at state institutions, is running for state Senate in the 46th District. Carey and his wife entered the public spotlight more than three years ago following the restraint-death of their autistic son Jonathan, who died in the custody of workers at the O.D. Heck center.

Biotech Firm Pumped Up Stock Price By Lying About Down Syndrome Screening Test
SAN DIEGO, CALIFORNIA-Elizabeth Dragon, former senior vice president for research and development at the biotech firm Sequenom Inc. has admitted in federal court that she was part of a conspiracy to pump up the company's stock price by lying about how close it was to developing a genetic screening test for Down syndrome. Dragon pleaded guilty to a single count of conspiracy to commit securities fraud. In exchange for the plea, prosecutors agreed not to file additional charges.

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Vet Seeks Speed Record In Rocket-Propelled Wheelchair
FOREST LAKE, MINNESOTA--Robert Gullickson, who has used a wheelchair since a 1986 motorcycle accident, has set for himself a goal of setting a speed record in a rocket-propelled wheelchair. Gullickson, 44, plans to set the record on September 5 at Brainerd International Raceway in front of thousands of people attending the 22nd Annual Coca-Cola Muscle Car Shootout. While the chair's inventor believes it could move faster than 100 mph, Gullickson said he'd be happy just to reach a double-digit speed since there is currently no such landspeed record.

House Committee Questions Level Of Funding For FEMA Disability Office
WASHINGTON, DC--Almost five years after Hurricane Katrina, the federal government remains woefully unprepared to rescue at-risk groups of people in the path of a catastrophe, a congressional panel charged on June 15. A House Homeland Security subcommittee challenged the Federal Emergency Management Agency's Office of Disability Integration and Coordination to explain how its budget of $150,000 and its staff of four people could possibly execute an effective rescue plan for seniors, people with disabilities, and those in institutions. The lawmakers' concerns were heightened by the testimony of Marcie Roth, the director of the disability office, who asserted that people with "special needs" comprise "almost 50 percent of the population."

He Has Cerebral Palsy, And Could Be The Next Oprah
AUSTIN, TEXAS-Comedian Zach Anner, 26, has been generating buzz since he posted online his audition for Your Own Show, a reality series produced by Oprah Winfrey and Mark Burnett of Survivor fame. The competition will air on Winfrey's OWN network, which takes to the airwaves in 2011. In his audition, Anner, who has used a wheelchair since he was 5, explains he has cerebral palsy, "the sexiest of the palsies."

Secaucus Landlord Wrong To Deny Apartment To Couple With Service
Dog SECAUCUS, NEW JERSEY--The state Division on Civil Rights has issued a Finding of Probable Cause against apartment building owner Ray Saoud, and Peterson Real Estate, which lists rentals, for allegedly refusing to rent to a couple that owns a medically-prescribed service dog. Saoud and Peterson are accused of unlawfully discriminating against prospective renters Khalill and Jackie Smart. Jackie Smart is a breast cancer patient also diagnosed as having post-traumatic stress disorder as a result of her illness and treatment. She and her husband sought to rent one of Saoud's advertised apartments in December, but were denied after Khalill told a Peterson agent that the couple intended to live with an emotional support dog.

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