July 2023

Volume 16 Issue 10 

 

ADA 33 Anniversary & Disability Pride Month

July 26, 2023 marks the 33rd anniversary of the signing of the Americans with Disabilities Act (ADA). This historic civil rights law provides protections to individuals with disabilities against discrimination, similar to the protections provided to individuals on the basis of race, color, sex, national origin, age, and religion. The ADA guarantees equal opportunity for individuals with disabilities to access businesses, employment, transportation, telecommunications, as well as State and local government programs and services.

Disability Pride Month is also recognized in July and celebrates disability as a natural part of the human experience.

Visit the Great Lakes ADA Center's ADA 33rd Anniversary website for information on upcoming events, webinars and to order a free poster while supplies last!

The ADA National Network (ADANN) also provides a free toolkit of publications, logos and ideas which can be used to enhance your own ADA 33 events.

4th of July: How Your Fireworks May Affect America's Veterans

Independence Day is often recognized with big parades, large crowded events and of course, fireworks. However, according to the U.S. Department of Veterans Affairs (VA), these common celebrations can seriously impact the wellbeing of veterans attempting to adjust to civilian life. Post-Traumatic Stress Disorder (PTSD) is a condition that many veterans, particularly combat veterans, struggle with and can be triggered by the intense smell, sound and shockwaves of fireworks as well as the chaotic energy of a large, boisterous crowd. These triggers can bring up psychological and emotional reactions according to Annie Tang, staff psychologist at Edward Hines, Jr. VA Hospital. Oftentimes, these traumatic memories result in intense anxiety and fear for the veteran attempting to cope with their PTSD.

Read more about the effect of fireworks on veterans with PTSD and 5 recommended coping methods for PTSD triggers.

Visit the U.S. Department of Veterans Affairs for additional support through the National Center for PTSD.

The Music Industry's Problem with Accessible Seating

The ADA requires covered entities to provide an opportunity for persons with disabilities to obtain tickets for accessible seating at events where assigned seats are sold. While it's important to note that there are many people with invisible disabilities, some of which require the features of accessible seating such as additional space for a service animal, many people without disabilities reported that they were sold "ADA section" tickets for Taylor Swift's Eras Tour without being disclosed to beforehand that the tickets were for accessible seating. Venues have a legal duty to accommodate patrons who require accessibility, but recent concerts and tours have revealed many venues aren’t doing enough to make space for disabled music fans.

Read more about how Taylor Swift's Eras Tour and other concerts have failed to meet the needs of concert-goers with disabilities.

Learn more about the requirements for accessible ticketing under the ADA. 

Is AI ADA Compliant?

Artificial Intelligence (AI) technologies have the potential to alter the lives of persons with disabilities in drastically different ways. In order for technology like a website, application, or software to be considered ADA compliant, the technology must be accessible to those with disabilities based on the requirements of the law as well as federal guidance. AI, like a lot of other technology, is not intrinsically accessible or inaccessible. Rather, how technology like AI is used, designed, programmed, etc. can either help or hinder people with disabilities. For example, automatic speech recognition systems are usually designed with common speech patterns in mind and are not geared towards people with speech impediment patterns or those who use visual languages like American Sign Language (ASL). On the other hand, the use of virtual assistants helps many individuals with disabilities live with a greater independence, such as by using a smart home device to control the lights, set timers, and perform other daily or routine tasks.

Learn more about how AI can act as a barrier or a support to persons with disabilities.

Illinois Budget: Governor Pritzker Signs $50B State Budget 

The Fiscal Year 2024 General Funds budget plan reflects projected revenues of $50.611 billion and expenditures of $50.428 billion, resulting in a $183 million surplus. 

• Approximately $240 million increase to better serve Illinoisans with developmental disabilities. 
• $22.8 million in funding to begin implementing the new Children’s Behavioral Health Transformation Initiative. 
• $24 million for a rate increase for home workers who assist the elderly, increased outreach to the elderly, and an increase for Adult Day Services. 
• Expands the Angel Investment credit from 25% to 35% if the investment is made in a business venture that is owned by women, people of color, a person with a disability, or in a county with a population of less than 250,000.

Read more about the fiscal Year 2024 Illinois state budget.

Illinois Legislation Updates: Neurodiversity Inclusion and Sub-minimum Wage for Employees with Disabilities 

The Illinois General Assembly recently passed House Resolution 219 encouraging colleges and universities to recognize the strengths of neurodiverse students and employees and better accommodate their needs. This news can impact DEI language in university, college, and department documents.  

Read more about this neurodiversity Inclusion resolution.

Employees with disabilities have been paid much less than the state's minimum wage for many years, and some lawmakers stress it is past time to eliminate the sub-minimum wage. State representatives had the opportunity to pass a bill tackling this issue Friday, but the Dignity in Pay Act failed to gain enough support after an intense debate.

Read more about the Dignity in Pay Act.

Service Animal Bill Changes Indiana Law to Mirror the ADA

The Indiana Governor signed House Enrolled Act 1354 which went into effect on July 1, 2023. This update brings the state's laws into alignment with the ADA requirements for service animals. Under the new law, Indiana Code now provides that service animals shall be limited to include only dogs or miniature horses individually trained to do work or perform tasks for the benefit of an individual with a disability. Indiana previously had no limitations on the species of animal that qualified as service animals. The law also mirrors the ADA in specifying certain requirements when permitting or not permitting a person with a disability to bring a service animal on the premises of a public accommodation.

Ball State University Students and Disability Advocates Share their Thoughts on Barriers of Dating

Living with visible or obvious disabilities can make dating a challenge. Even in the world of online dating where conversations often start over text, ableism and stigma still present a significant barrier. In addition, differences in experiences can often contribute to dating challenges when it comes to interabled relationships, meaning one partner has a disability and the other does not. “People with disabilities can find it very difficult to connect with people that don’t have similar disabilities,” explains George Gaither, a clinical psychologist who specializes in human sexuality. “Heightened sensitivity, seen in those with autism for instance, can make it more challenging to be in a relationship with another person, especially in interabled relationships . . . We need to open that dialogue that every human has needs; an effort needs to be made in understanding and supporting those needs in all relationships.”

Read and learn more about the dating experiences from Ball State University students with disabilities.

The City of Kalamazoo Invests in an Inclusive Playground

The playground at Milham Park has undergone a transformation that has created a model for inclusive play for children with disabilities. The $515,000 transformation project was funded in part by a $286,000 grant from the Irving S. Gilmore Foundation. As part of the design process, the city held public input sessions to get ideas from the community on elements they would like to see at the playground. Then, the city worked with a design firm, and the playground vendor incorporated those ideas into drawings, within budget, of what the playground may look like. The ideas were then taken back to the community for approval.  

Read more about Milham Park’s inclusive playground.

Michigan Doctors and Community Mental Health Agencies Work to Prevent Death by Suicide

In a 2019 study, doctors Brian K. Ahmedani, Cathrine Frank, and their co-authors found that almost all people who die by suicide have a health care visit not long before their death. Now, doctors are leveraging this data through a quality improvement initiative called the Michigan Mental Health Innovation Network for Clinical Design (MI Mind). This program offers suicide risk screening, assessment, and treatment options to partnering health care organizations. Currently wrapping up its first year, MI Mind is training more than 200 health care providers across Michigan to properly screen patients for suicide and provide them resources to help prevent suicide.

Read more about MI Mind and the Zero Suicide approach.

Summit Pointe, Mental Health Foundation of West Michigan, and other community mental health agencies provide youth access to services that help them overcome suicidal thoughts and self-harming actions. One program that stands out is the be nice. action plan which is used in more than 70 schools statewide. This plan is a student-centered program that normalizes conversations about mental health issues through a four-step action plan: notice, invite, challenge, and empower. In a three-year, evidence-based study, researchers found that rates of aggression decreased by 49% in high school, 56% in middle school, and 72% in elementary school. 

Read more about how Michigan’s community mental health agencies are helping prevent youth suicide.

“One Minnesota” Budget Signed into Law

“One Minnesota” is a $72 billion budget made up of a dozen different bills that will dictate state spending for the next two years. 2023 saw a record number of bills introduced, including several on disability related issues. The National Alliance for the Mentally Ill (NAMI) Minnesota has provided an extensive list of Health and Human Serivces legislative issues that passed during the 2023 Legislative Session.

In addition, an almost $9 billion transportation bill will provide the Metropolitan Council $230.3 million to build out and operate the Twin Cities’ transit system over the next two years, with some funds going to Metro Mobility, a shared ride public transportation service which serves seniors and people with disabilities.

Vetoed Rideshare Bill Threatened Transportation for People with Disabilities

Dakota County, the third largest county in Minnesota, entered into a unique partnership with Lyft four years ago which now provides rides at discounted rates to more than 4,000 people with disabilities each year. Recently, an Uber-Lyft bill was passed in the legislature which would have given rideshare drivers higher pay and more job protection. However, the bill was vetoed by Governor Walz who shared that he would instead be creating a committee to consider new protections for drivers. Supporters of the veto argue that the mandated compensation rates in the vetoed bill would have made rides in Dakota County's rideshare program unaffordable to the people their program supports. 

Ohio Department of Natural Resources (ODNR) Offers Facilities that Allow Visitors of All Abilities to Enjoy the Outdoors​

ODNR’s accessible activities and facilities webpage can help you find a public area that offers your favorite outdoor activity. These include accessible fishing, boating, hunting, shooting ranges, trails, wildlife watching, and beaches as well as information on wheelchair-accessible fishing piers, shore fishing and overnight stay options for resorts, cabins and camping.

You can also contact the nearest Wildlife District Office or State Park Office for more information on accessible activities and facilities in your area.

Adult-Sized Changing Tables Update: Ohio Department of Transportation (ODOT) Adding Universal Changing Tables at Rest Stops

ODOT will put universal changing tables, also known as "adult" changing tables, in 28 of its rest stops that will be renovated in the next three years. The amenities at Ohio rest areas will be listed on its website once the locations are completely renovated.

In December 2022, Changing Spaces Ohio Leaders established a nonprofit, Inspired Access Foundation, to raise funds to install more universal changing tables around Ohio, which can be costly to purchase, ranging from $2,800 to $20,000, as well as to provide adaptive equipment and other items to increase community accessibility and inclusion.

Changing Spaces Ohio website lists locations of adult changing tables in Ohio. Locate a universal changing table across the nation by viewing the interactive map. 

Read more about adult changing tables.

Wisconsin Department of Health Services (DHS) Submits Plan to Use $8 Million in Opioid Settlement Funds

DHS submitted its plan to use nearly $8 million in opioid settlement funds to the Legislature’s Joint Committee on Finance (JFC) to support prevention, harm reduction, and capital projects to address the state’s opioid crisis. The money is part of the $400 million the state receives in annual installments through an agreement with major pharmaceutical firms. $130 million of the total amount goes to the state, while the remainder is provided to counties and municipalities.

• Increasing the availability of Narcan® and fentanyl test strips statewide via existing DHS programs ($4 million).
• One-time capital projects ($3 million) to expand prevention, harm reduction, treatment, and/or recovery services statewide.
• Prevention ($1 million). Implementation of K-12 evidence-based substance use prevention programming. 

Learn more about DHS’s plan to use $8 million in opioid settlement funds.

Students with Disabilities Denied Access in Wisconsin Voucher Schools

When it comes to choosing a school, Wisconsin families have a variety of options, in theory. But those options often exclude students with disabilities. Such students could apply to attend a private school with the help of a taxpayer-subsidized voucher. But private schools also are allowed to expel a student with disabilities if officials determine they cannot meet that child’s needs. 

In 2011, Disability Rights Wisconsin (DRW) along with the American Civil Liberties Union (ACLU) and others, filed a complaint with the U.S. Department of Justice (DOJ) calling on the DOJ to investigate Milwaukee’s voucher program. The ACLU alleged that “many families of students with disabilities are unaware of their rights to use vouchers for private schools, the schools receiving vouchers are not monitored for compliance with the ADA, and students with minor disabilities have been routinely suspended and expelled from the private schools,” according to its website.

Federal attorneys instructed the state Department of Public Instruction (DPI) to take action to monitor the voucher programs and enforce compliance with the ADA. However, the DPI has stated it has no authority to force private taxpayer-funded schools to accommodate students with disabilities. 

Learn more about how Wisconsin students with disabilities are often denied public school choices.

Learn more about the legal battles with the federal and state law permitting disability discrimination in Wisconsin voucher schools.  

Community Hospital Sued for Failing to Transfer an Injured Nurse

The U.S. Equal Employment Opportunity Commission (EEOC) today announced a suit it filed against Munster Medical Research Foundation, Inc., operators of Community Hospital, located in Munster, Indiana, for failing to accommodate a registered nurse who could not return to her job after a work injury resulting in lifting restrictions. According to the EEOC, the employee expressed interest in several jobs she could have performed, but Community Hospital failed to transfer her to a vacant position.

Employment Agency and Employer Will Pay $120,000 for Terminating an Employe Who Requested a Hearing Accommodation

According to the EEOC’s lawsuit, an employee was placed by Broadleaf to work as a customer service representative at Conduent’s E-ZPass Customer Service Center in Staten Island, NY. When the employee requested an accommodation for her hearing-related condition, she was told by a Broadleaf manager, “If you cannot hear, then you can’t do the job.” Because the employee was fired immediately and Conduent failed to take corrective action to remedy the discriminatory decision, both parties are required to pay a settlement totaling $120,000 in lost wages and other damages.

Culver's Employees Subjected to Multiple Forms of Harassment File EEOC Suit

EEOC filed suit against Culver’s Restaurants of Cottage Grove for subjecting employees to a hostile work environment based on race, sex, sexual orientation, and disability. The litigation also charges the Minnesota company with denying a long-serving employee with a disability equal pay and pay raises because of his disability. According to the suit, the company subjected an employee with a disability to bullying and disability-related slurs while paying him less than his co-workers without disabilities. Employees reported the conditions to management, but the company failed to reasonably address the harassment or discipline those responsible.

Statement of Interest: DOJ Provides Clarification on Law Enforcement Encounters with People Experiencing Disability-Related Crises

The United States filed a Statement of Interest in Lou v. Lopinto, a private lawsuit against the Sheriff of Jefferson Parish, Louisiana, and several Jefferson Parish Sheriff’s Office deputies. The lawsuit was filed by the parents of a sixteen-year-old with autism who died while the defendants were responding to the child’s disability-related acute sensory episode.  One of the lawsuit’s claims is that the defendants discriminated against the child when they did not reasonably accommodate the child’s known disability while interacting with and restraining the child. 

Football Player with Down Syndrome Sues Ohio Community College

Caden Cox, who was the first person with Down syndrome to play and score a point in a college football game, is now suing Hocking College, its president and several staffers for disability discrimination. The complaint alleges Caden experienced persistent derogatory, discriminatory and abusive verbal harassment from a supervisor while working at the school's student recreation center, culminating in the supervisor threatening him with a knife. Cox and his parents filed a written complaint last December with college President Betty Young, claiming the school failed to conduct a background check on the supervisor before he was hired and didn’t protect Cox from harassment and discrimination despite complaints he and other students made.

Dayton Police Department (DPD) Settles Traffic Stop Discrimination Case With Driver Who Uses a Wheelchair

This settlement agreement resolves a complaint made by a driver who is paraplegic and uses a wheelchair. The driver was pulled over by DPD officers who ordered him to get out of his car. He told the officers that he could not get out safely without his wheelchair which he did not have in his car. Over his protests, the officers ordered him out, and refused his request that they call a supervisor. The officers also did not call for assistance or equipment to enable the driver to safely exit. Instead, they pulled him out of his car onto the ground, handcuffed him and dragged him to a police car. 

Flint Neurological Centre P.C. will Pay $200,000 after Failing to Provide Effective Communication to Deaf and Hard of Hearing Patients

Flint Neurological Centre P.C. has agreed to pay up to $200,000 and will establish a victim fund in response to a discrimination case. One person involved in the complaint says a family member traveled 200 miles for appointments to translate information because the medical practice failed to provide auxiliary aids and services to provide effective communication to patients and their companions.

Judge Sides with Chicago Cubs in ADA Case Against Wrigley Field

A federal judge recently determined that Wrigley Field is not in violation of the ADA in regard to wheelchair seating, concluding a five-and-a-half-year-old case against the Chicago Cubs. The suit alleged that renovations had removed favorable disability seating to make room for new luxury amenities and that fans in wheelchairs had "the worst seats in the house." However, the judge found that Wrigley Field had at least one more accessible seat than required under the ADA and that the plaintiff failed to show that the accessible seats were not horizontally dispersed around the stadium.

National Park and Recreation Month: Outdoor Resources

Incorporating accessibility into the design of outdoor developed areas must begin early in the planning process. The U.S. Access Board provides, Outdoor Developed Areas, a guide on accessibility standards for Federal outdoor developed areas. This guide is intended to help designers, owners, and operators understand and use the ABA Standards for trails, picnic and camping facilities, viewing areas, and beach access routes. However, it can also serve as a guide to ADA covered entities looking to provide disability access in their outdoor developed areas and recreational programs.

Check out our archived webinars on Outdoor Recreation Resources: 

• Accessible Camping (10/13/2022)
• They are called "Natural" Resources, not "Built" Resources; How do we access them? (8/11/2022)
• Fishing and Boating for a Variety of Disabilities (6/9/2022)
• Best Practices for Inclusive Recreation Programs (2/10/2022)

Stay informed on the ADA, disability topics, and resources by following us on social media @ADAGreatLakes.

Check out one of our most recent popular posts, image to the left:

In case you missed it, our Arts-n-Rec webinar titled "Accessible Camping" is available to view as an archive. During this session, California State Parks share the work they have been doing to improve access & provide accessible camping opportunities for people with disabilities.

View the Arts-n-Rec webinar archive. 

#Camping #Outdoors