January 2023
Volume 16 Issue 4
In Focus |
National News |
Regional News |
ADA Cases
Q&A of the Month |
Resource of the Month |
Stay Connected
Trainings & Events Calendar
January AccessibilityOnline Webinar Series
Accessible Detention and Correctional Facilities
Thursday, January 5, 2023
January Ask an ADA Pro
Ask an ADA Professional Questions RE: Parking and the ADA
Wednesday, January 11, 2023
January ADA Audio Conference Series
Tuesday, January 17, 2023
January ADA Legal Webinar Series
Access to healthcare and the ADA: A review of the case law
Wednesday, January 18, 2023
January Section 508 Best Practices Webinar
Strengthening and maturing accessibility training and testing programs within the federal government
Tuesday, January 24, 2023
February AccessibilityOnline Webinar Series
Accessible Retail Spaces and Restaurants
Thursday, February 2, 2023
In Focus
New and Improved ADA.gov Website is Finally Here!
After a long development and beta testing period, the Department of Justice (DOJ) has finally launched their new ADA.gov website. This site was designed to be more accessible to the public, modern, and user-friendly. One improvement DOJ has made is including high-level, plain-language explanations of existing information about the ADA. Long-time users of the site will still be able to access the old version at its new address: archive.ada.gov.
Check out this DOJ article for more information on their new ADA.gov website.
Visit ADA.gov to check out the new site today!
Uber Wait Fee Settlement Update – Submit Your Claim!
As part of a recent Department of Justice (DOJ) settlement with Uber, some riders with disabilities may be eligible to receive Uber credits. Others may be entitled to receive a money payment of $600 or more.
Visit www.waittimefeesettlement.com for more information on eligibility for Uber’s wait time fee reimbursement.
Read More: DOJ Uber Wait Fee Settlement Press Release
National News
Social Security Offices Critical to Disability Benefits Hit Breaking Point
State claim review operations are facing massive backlogs, leaving disabled Americans waiting months and even years for judgements. Americans living at their limits have found themselves with fewer resources, worsening medical conditions, and no access to the health insurance that comes with disability benefits.
Social Security officials say they are working to break the logjam by collaborating with states to approve money for vacant jobs; improving hiring strategies, retention, and training; and paying overtime. The agency is also sending reinforcements to struggling states to help process claims.
Medical Bills Remain Inaccessible for Many Visually Impaired Americans
Across the U.S., health insurers and health care systems are breaking disability rights laws by sending inaccessible medical bills and notices. This practice hinders the ability of blind Americans to know what they owe, effectively creating a “disability tax” on their time and finances.
U.S. General Administration Services (GSA) Launches "Access for All" Student Design Competition
Students in architecture and design programs are invited to reimagine a federal workspace that provides an accessible, barrier-free, and all-inclusive experience using universal design principals. Submission is open until May 1, 2023, 9 pm EDT.
CDC Awards $3.2 Billion to Improve U.S. Public Health Workforce and Infrastructure
This first-of-its-kind funding provides grant funding directly to state, local, and territorial health departments to promote and protect the health of their communities. This grant addresses urgent and ongoing public health needs in communities that are economically or socially marginalized, rural communities, and people from racial and ethnic minority groups.
All 50 states have received funding through the Public Health Infrastructure Grant Program.
Here is a list of states from the Great Lakes region that have received funding:
- Illinois Department of Public Health (IDPH) Awarded $86 Million
- Indiana Department of Health Awarded $50 Million
- Michigan Department of Health and Human Services Awarded $80 Million
- Minnesota Department of Health Awarded $42 Million
- Ohio Department of Health Awarded $93 Million
- Wisconsin Department of Health Services Awarded $45 Million
Regional News
Illinois
Chicago Police Department Faces Blistering Criticism Over Court-Ordered Reforms
A new federal judge has stepped in to take over court-ordered reforms for the Chicago Police Department. The 2019 consent decree sought to expand the police department’s crisis intervention program to include people with disabilities and those with mental health issues. While the police department has had some success, it has only reached preliminary compliance — the lowest level — with fewer than a third of the sections dealing with the intervention program.
New Illinois Network of Centers for Independent Living (INCIL) Spotlight Series
Around The State will feature new CIL hires, consumer stories, projects, funding sources, and more. Watch for updates weekly!
The first spotlight features IMPACT in Alton and an interview with Executive Director Cathy Contarino. Contrarino shared that they just received $20,000 from AgeSmart for residential repairs and renovations. These funds are designed for larger projects of up to $5,000 and benefit persons 60 years of age and older. The goal is to provide funds for 5 large projects. The program is only being offered regionally for a year (October 1, 2022 – September 30, 2023).
Indiana
ADA Webinar: Trails, Shared Use Paths, Public Rights of Way with Jennifer Skulski
The Hoosier Health and Wellness Alliance is hosting this webinar to support parks boards and recreational departments across Indiana as they work towards making local programs, services, facilities, and parks more inclusive of people with disabilities.
January 31, 2:00 - 3:30 p.m. ET
Free but registration is required.
Employers Seeking Workers Continue to Pass over Hoosiers with Disabilities
Only 19% of all disabled persons in the United States were employed in 2021, according to the Bureau of Labor Statistics. Arc of Indianais trying to change that and estimates there are 200,000 individuals in Indiana with disabilities, yet only 23% of them are employed.
In 2016, The Arc of Indiana opened the Erskine Green Training Institute in Muncie. The institute provides hands-on training in the food service, health care, and hospitality industry. Graduate Jaime Beck, a housekeeper at Ball Memorial Hospital, said “they (prospective employers) look at us differently.” “What I do is show them what I can do. There are times they didn’t realize I had a disability.”
Michigan
MDHHS Enhances Work with Providers to Meet Behavioral Health Needs of Children in Foster Care and Juvenile Justice Systems
Michigan Department of Health and Human Services (MDHHS) is asking congregate care providers to submit plans for placement in their facilities to address the needs of youth who must access mental health stabilization programs.
Agencies that would like to submit a proposal should go to the “Child Caring Institution – Therapeutic Short-Term Treatment Program” Bid Number 230000000402 at www.michigan.gov/SIGMAVSS after registering on that website.
Express Your Opinions: Michigan Statewide Needs Assessment Survey
Share your opinions about the needs for individuals with disabilities living in your community from October 1, 2022 – February 28, 2023. To take the Michigan Comprehensive Needs Assessment Survey, choose from the selections below:
Michigan Resident with a Disability
Family Member or a Friend of a Michigan resident with a Disability
Disability Advocates on Detroit’s Plan to Cut Paratransit: "They can't do that“
Detroit disability advocates are cheering the Detroit City Council’s decision to reject a paratransit services contract with Transdev Services, which advocates say has continually provided poor services to riders for the past five years.
Detroit city officials say Council’s vote leaves them no choice but to cut paratransit rides from 1,000 per day to 300 while it re-bids the contract. Disability advocates were “willing to compromise” on a shorter-term contract for the company while the city sought out another, better provider, but city officials wouldn’t agree.
Support Efforts to Make Michigan Accessible and Inclusive for People with Disabilities
This article highlights Michigan voices that discuss inclusion of people with disabilities:
- Annie Urasky, Director of the Division on Deaf, DeafBlind and Hard of Hearing within the Michigan Department of Civil Rights, shares that overcoming barriers requires a commitment to inclusion.
- Laurie Penfold, a resident of East Lansing and a person with a disability, shares how assistive technology allowed her to embark on a career path.
- Justin Caine, co-owner of award-winning video production, advocate, and world-ranked para-athlete, talks about how employers shouldn’t overlook people with disabilities in the hiring process.
Minnesota
Police Departments Enhancing Disability Related Training
The St. James Police Department received a $155,000 federal grant from the U.S. Department of Justice and is earmarked to purchase a simulator to enhance police officer training in de-escalation, autism awareness, and effectively communicating with the public, among other training topics. After training its countywide team of 20, St. James will then offer training sessions to police officers and law enforcement agencies throughout Minnesota and northern Iowa.
Inmates Waiting Weeks and Even Months for Transfer to a State Hospital
Inmates committed to the custody of the Minnesota Department of Human Services (DHS) have spent weeks and even months waiting in jail to be transferred to a state hospital. DHS confirms 64 people are currently waiting behind bars despite orders to move them into treatment. In response to recent criticism from judges, DHS officials cited increasing referrals, staffing shortages and the impacts of COVID-19 as reasons for the agency’s inability to comply with the law.
Autism Society of Minnesota (AuSM) Proposed Bill for Sensory-Friendly Events Licensing
AuSM is bringing back several of its accommodations-focused bills when the 2023 Minnesota Legislature convenes in January. One of the proposals is for sensory-friendly events licensing. The bills is for larger public events, of 1,000 or more people. It would include requirements to provide sensory-friendly space or accommodations for any public event that includes 1,000 or more participants, as part of the event permitting process.
Be Prepared with Winter’s Chilly Arrival
The arrival of winter weather in Minnesota means it is time to prepare especially for people with disabilities who may find it challenging to navigate the snow and ice. Read up on sidewalk safety resources (e.g., Disability Hub, Senior Linkage Line, volunteer/community groups for free snow removal, etc.), available energy assistance (e.g., Minnesota’s Cold Weather Rule, Energy Assistance Program, etc.), and how to prepare emergency kits.
Ohio
Garrett v. Opportunities for Ohioans with Disabilities (OOD)
Disability Rights Ohio (DRO) alleged that OOD violated Hunter Garrett’s rights under Title I of the Rehabilitation Act of 1973, which grants young people with disabilities individualized vocational rehabilitation services with the goal of helping them get a gainful job. OOD denied paying for the Kelly Autism Program (KAP) at Western Kentucky University, stating they do not cover these types of programs.
Hunter and DRO share their thoughts on the case in a recent interview on WDTN.
COVID-19 Testing Assistance for Ohioans Who are Blind or Have Low Vision
Ohio residents who are blind or have low vision can call a state-sponsored support line through the Be My Eyes phone app to receive assistance taking any at-home COVID-19 test authorized by the U.S. Food and Drug Administration (FDA), by downloading the free Be My Eyes app for Apple or Android smartphones.
Check out the bulletin for more information.
Indoor Playground is a Safe Space for Children with Disabilities
We Rock the Spectrum Kid’s Gym in Lewis Center opened about four years ago and provides a safe space for people of all abilities. About half of the children who go have disabilities said owner Meagan Horn. “We provide a safe space for people of all abilities to come in and have a place to play and not have to worry about where their ability level is or where their social emotional level is,” Horn said.
Check out our AccessbiltyOnline archived webinar on Play Areas for more information.
Ohio Disability-Rights Group Advocates for More Public Adult Changing Tables
Two Ohio mothers, Kim Boulter and Jennifer Concoran, teamed up and began advocating through a national campaign called Changing Spaces for more appropriate, safe, and private changing tables for older children and adults who need them. Changing Spaces Ohio was born through their partnership and is now 1 of 14 chapters.
Experts are also working to include adult changing tables as a requirement in the 2024 International Building Code, a model code developed every three years that is used in all 50 states.
Wisconsin
The State of Wisconsin’s Disability Rights: Past, Present and Future
Great Lakes ADA Center Director Robin Jones is highlighted throughout Curb Magazine article, The Only Way Forward is Together, which walks readers through the full scope of Wisconsin disability rights from the past to the present as well as their future efforts and goals.
“Having rights is one thing, but being able to exercise your rights is another challenge,” says Robin Jones, Director of the Great Lakes ADA Center. “The law is only as good as a piece of paper that it’s written on.”
Disparities Persist in Wisconsin Special Education Practices as Budget Battles Loom
Recent research found that children of color are almost twice as likely to be diagnosed with behavioral disabilities in Wisconsin schools than white children, as teachers navigate a complex system and seek more support from the state.
This research also found that funding plays a large part in racial disparities in disability diagnoses at school. If resources are stretched thin, an educator is often less likely to refer a student for special education support. In September, Governor Evers released a budget proposal with increased reimbursement rates for special education.
Mental Health Advocates Needed - Disability Rights Wisconsin
The DRW Advisory Council for Protection and Advocacy for Individuals with Mental Illness (PAIMI) is seeking new members who want to advance positive change for individuals with mental health diagnoses. There are openings for people who receive mental health services, family members, a mental health professional, and a provider of mental health services.
Interested candidates should complete and submit their application to bobp@drwi.org. Applications received by January 6th will be given priority.
Guardianship & Voting: Keeping and Restoring the Right to Vote
Disability Rights Wisconsin released a new video that discusses guardianship and voting in Wisconsin, and how to keep and restore the right to vote. The video includes an ASL interpreter and captioning.
For more resources, visit DRW’s Guardianship and Voting Resource Page.
Video: Guardianship and Voting: Keeping and Restoring the Right to Vote
ADA Cases
Title I: Employment
Circle K to Pay $8 Million to Resolve Disability, Pregnancy, and Retaliation Charges
This nationwide agreement with the Equal Employment Opportunity Commission (EEOC) will resolve multiple charges of discrimination filed against Circle K. An EEOC investigation determined that the company denied reasonable accommodations to pregnant employees and those with disabilities, subjected employees to involuntary unpaid leave as well as retaliation, and required employees to be “100% healed” to return to work or face termination.
Walmart’s Request for New Trial After Firing Employee with Down Syndrome Rejected
A federal judge dismissed Walmart’s request for a new trial in a disability discrimination lawsuit which found that the company wrongfully terminated of a 16-year-employee with Down syndrome. Walmart will be required to pay damages and back pay after firing an employee rather than provide an accommodation.
Title II: State and Local Government
Alabama Medicaid to Remove Unlawful Sobriety Mandate for Health Care Access
The Department of Justice (DOJ) has secured a settlement agreement with the State of Alabama’s Medicaid Agency (Alabama Medicaid) under the ADA to ensure that Medicaid recipients with Hepatitis C (HCV) who also have a substance use disorder have equal access to medications to treat their hepatitis. The reversal of Alabama’s longstanding sobriety restriction will finally allow Medicaid recipients with substance abuse disorders to have equal access to a cure for Hepatitis C.
State of Iowa Settlement Addresses Unconstitutional Conditions at Glenwood Resource Center
A proposed consent decree by the Department of Justice (DOJ) alleges that conditions at Glenwood Resource Center, an institution for individuals with intellectual/developmental disabilities (IDD), violated the Constitution. The department claims that Glenwood residents were subjected to uncontrolled and unsupervised experimentation, inadequate physical and behavioral health care, and inadequate safety and oversight mechanisms.
Title III: Public Accommodations
Settlement with Palisade Winery Over Access for Service Dog
The U.S. Attorney’s Office for the District of Colorado has resolved a disability discrimination complaint under the ADA with Hermosa Vineyards. The complainant alleges that she was confronted by a representative of the vineyard who refused to let her and service animal into the tasting room.
As a result of the resolution, Hermosa Vineyards has agreed to post notices that service dogs are permitted into its tasting rooms and other areas of the winery that are open to the public.
Q&A of the Month
Question: Which types of signs are required to include Braille under the 2010 ADA Standards for Accessible Design?
Answer: According to guidance from the U.S. Access Board, Braille requirements apply to these types of signs:
- Interior and exterior signs identifying permanent rooms and spaces, where provided (§216.2);
- Required door labels at exit stairways, exit passageways, and exit discharge (§216.4.1);
- Required labels for floor levels, car controls, and emergency communication devices at elevators (§407.2.3.1, §407.2.3.2, §407.4.7.1.1, §407.4.9); and
- Rail station identification signs at entrances and platforms or boarding areas (§810.6.1).
- Avoid deep pile doormats that hinder wheelchair users
In honor of World Braille Day, check out the U.S. Access Board’s Chapter 7 Guide for more information on Braille in accessible signage.
Resource of the Month
Plan Ahead for any Emergency using Smart911
Smart911 is a national service that allows anyone to,
- Create a free Safety Profile for their household that includes any information they want 9-1-1 and first responders to have in the event of an emergency
- Sign-up to receive notifications of weather, traffic, and other emergencies
- Alert emergency managers that special assistance is needed when disaster strikes
This service is private, secure, and saves time in the event of an emergency.
To learn more about this service and to sign-up, visit the Smart911 website.
Stay Connected
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:
Calling all event planners! Check out A Planning Guide for Making Temporary Events Accessible to People with Disabilities from the ADA National Network. This guide provides information to assist planners, managers, operators, and building owners in making temporary events accessible to people with disabilities.