Disability Scoop Reports Stimulus Checks for Non-Dependent Adults with DD

Important reporting from Disability Scoop! Disability Scoop notes that, "For the first time since the start of the pandemic, stimulus checks are going out to many people with disabilities regardless of whether they’re considered dependents. The COVID-19 relief bill known as at the American Rescue Plan that was signed into law earlier this month includes $1,400 direct payments to individuals earning less than $75,000 per year, with phased amounts for those making up to $80,000 annually". 

Check out the story at: https://www.disabilityscoop.com/2021/03/19/stimulus-payments-headed-to-adult-dependents-with-disabilities/29250/

 

Resource Reminder: The New York Times Disability Collection

The New York Times Disability section resource aggregates NYT local, national, and international news, commentary, editorials, and archived stories related to disabilities: https://www.nytimes.com/topic/subject/disabilities 

Supreme Court Voter Purge Decision Potentially Devastating for People with Disabilities

Although Federal laws prohibit states from removing people from voting rolls “by reason of the person’s failure to vote”, the U.S. Supreme Court has upheld the state of Ohio’s ability to do just that with a close 5 -4 decision.

Ohio will cut people from voting rolls if they skip elections and fail to respond to state official notices. Under the process, Election officials send notices to anyone who fails to cast a ballot during a two-year period. People who do not respond to the notice and don't vote over the next four years, including in two more federal elections, are dropped as registered voters. Chris Carson, President of the League of Women Voters of the United States, says "This decision will fuel the fire of voter suppressors...” noting that the "right to vote is not 'use it or lose it’”.

Many different individuals are likely to have their voting rights damaged by the new ruling, and people with disabilities, who often face significant barriers to voting to begin with, seem greatly at risk. The American Civil Liberties Union (ACLU) notes that 1 in 5 eligible to voters has a disability, yet limited/poor community accessibility and polling place access issues can make it difficult to impossible for people with disabilities to cast votes in elections at all levels.

The Pew Charitable Trusts (an evidence-based, non-partisan analysis group) reports that issues with non-functioning accessible voting machines, poorly training poll workers, and physical barriers such as stairs and uneven/unpaved surfaces are among the most common issues. Pew has also noted, “The proliferation of voter ID laws may compound the problem since people with disabilities are less likely to drive and to carry a photo ID.” 

Aspects of a person’s disability itself may create additional barriers; for instance, a person who requires multiple hospitalizations over time may easily miss several elections as well as miss any notices sent to a home mailing address; likewise, caregivers and other assistants may toss such notices as ‘junk mail’.

Although the ADA requires accessible polling locations and processes, many people with disabilities are thwarted nonetheless. The U.S. Government Accountability Office recently found pervasive barriers exist at most U.S. polling stations—more than 80% of locations were partially or wholly inaccessible during the 2016 Presidential election! It is not difficult to imagine many Ohioans with disabilities—and voters with disabilities everywhere— getting turned away at polling places. That is, if they can even access the necessary transportation services to get there in the first place. 

See: 

https://www.disabilityscoop.com/2017/11/02/most-polling-inaccessible-2016/24382/

https://www.npr.org/2018/06/11/618870982/supreme-court-upholds-controversial-ohio-voter-purge-law

https://www.nytimes.com/2018/06/11/us/politics/supreme-court-upholds-ohios-purge-of-voting-rolls.html

https://slate.com/news-and-politics/2018/06/supreme-court-greenlights-ohio-voter-purges-in-husted-v-randolph.html 

Under Consideration: New Fed Rules for Flights with Service Animals

With numerous recent issues related to the safe travel of service and comfort animals on airlines, the Department of Transportation is considering new regulations for flights, with most of the controversies and recent concerns related to emotional support animals, a somewhat ill-defined category.

DOT officials are considering rule changes and seeking public comment on concerns such as requirements for leashing or crating service animals and whether emotional support/comfort animals should be included in the same category as service animals such as those for individuals who are Blind, for instance. The Department is also considering possible limits on the size and/or species of animals permitted on planes, as well as requirements for documenting an animal's training and qualifications.

Proponents and opponents of emotional support animals both note that the Americans with Disabilities Act and the Air Carrier Access Acts are at times unclear and even in conflict regarding the legal responsibilities of air carriers and the rights of passengers with disabilities.

Transportation.gov provides the following information to passengers considering air travel with a service animal at this link: https://www.transportation.gov/individuals/aviation-consumer-protection/service-animals-including-emotional-support-animals

To comment on the newly proposed regulations, please visit: Regulations.gov at: https://www.regulations.gov/document?D=DOT-OST-2018-0068-0001


For additional viewpoints on the issue, please visit:

https://www.disabilityscoop.com/2018/05/22/feds-eye-flying-service-animals/25113/
https://www.nytimes.com/2018/05/01/travel/service-animals-planes.html
https://www.dallasnews.com/business/airlines/2018/04/15/pets-plane-american-southwest-airlines-government-help-emotional-support-animals

Congress Members Request GAO Analysis of School ADA Compliance, Protest Equity Delays

Last week, three U.S. Representatives from two states--  José E. Serrano, a Democrat form New York, Jerrold Nadler, also a Democrat from New York, and Bobby Scott, a Democrat from Virginia, sent a letter to the Government Accounting Office (GAO) urging the agency to launch a nation-wide anaysis of school compliance with the Americans with Disability Act. The congressmen are the Ranking Member of the House Commerce, Justice, Science (CJS) Appropriations Subcommittee, Ranking Member of the Judiciary Committee, and Ranking Member of the Education and the Workforce Committee, respectively.

The letter noted, "...localities continue to undermine the law by limiting the number of schools students with disabilities can physically access through negligence and lackluster enforcement of the ADA. That is why we write to request the Government Accountability Office to analyze and issue a report on ADA compliance in our nation’s schools.”

Full text of the GAO letter can be found here: https://democrats-edworkforce.house.gov/media/press-releases/congressman-serrano-leads-joint-effort-to-help-ensure-students-with-disabilities-can-access-public-education-

Mr. Scott along with Senator Patty Murray (D-WA) is also engaged in ongoing efforts to prevent delays and possible rollbacks of civil rights protections for students with disabilities under the Equity in the Individuals with Disabilities Education Act (IDEA) rule, which addresses disproportionate identification, placement, and disciplinary treatment of students of color in special education. Congressman Scott and Senator Murray are especially concerned since February, when the Office of Special Education and Rehabilitative Services announced plans to postpone the compliance date of the “Equity in IDEA” or “significant disproportionality” regulations for K-12 students until July 1, 2020, and for children ages three through five until July 1, 2022.

KUDOS-- Kamaro Brown Adds Accessibility Function to Instagram Account

Karmao Brown, the culture influencer on "Queer Eye", the new Netflix update to Bravo TV's original hit show"Queer Eye for the Straight Guy", recently announced the addition of captions to his Instagram videos. Brown said, “…we often don’t think how we can show up or support [people with disabilities]…” and asked his followers for additional input on how to better support “our brothers and sisters living with a disability.”

While video captioning is most often associated with content accessibility for individuals who are Deaf or hard of hearing, text captions can be beneficial to many different users, including people whose primary language isn't English and people with certain learning disabilities.

Visit The Mighty for the full story: https://themighty.com/2018/04/queer-eye-karamo-brown-disability-instagram/

Disability and #metoo

Actor/comedian Bill Cosby went on trial this Monday for sexual assault, a previous trial having ended with the jury unable to come to a verdict. The new trial is occurring post-#metoo, and only time will tell if the sociocultural shift fomented by the movement will have an affect on Cosby's verdict this time around.

Reading the retrial coverage made me wonder how the disability community is responding to the Me Too Movement. While I gather my thoughts for a lengthier post, I recommend the sources below:

http://nmpoliticalreport.com/809274/the-disability-communitys-long-awaited-metoo-moment/ 

https://rewire.news/article/2017/11/01/disability-integral-metoo-conversation/ 

Twitter Hate Speech Reporting Now Includes Disabilities

With new changes to it's hate-speech reporting form, Twitter has finally included content targeting people with disabilities. I recommend the sites below for synopses of the changes:
https://themighty.com/2018/04/twitter-changes-reporting-form-include-hate-against-people-with-disabilities/

https://www.zdnet.com/article/twitter-updates-reporting-guidelines-to-include-people-with-disabilities/

https://mic.com/articles/188760/twitter-will-now-allow-you-to-report-hate-speech-against-people-with-disabilities#.dOAbmmX9d

The Ableing of Stephen Hawking: Views from the Disability Community

When acclaimed physicist Stephen Hawking died on March 14, 2018, millions mourned not just death of a great scientist and author, but the loss of such a visible member of the disability community. However, his memorialization in recent weeks hasn't been without (sometimes considerable) controversy as numerous tributes have included comments about 'finally being free' from his disability and similar tropes. Below, I've shared some of the commentaries I've found most interesting on the issue.

How I Saw Stephen Hawking's Death as a Disabled Person, by Ellis Palmer:
http://www.bbc.com/news/world-43418251

Stephen Hawking's Death Sparks Conversation On Disability And Ableism, by Annette Ejiofor:
https://www.huffingtonpost.ca/2018/03/15/stephen-hawking-death_a_23386628/

The Tributes to Stephen Hawking Show What’s Wrong With How We Talk About Disability, by Robyn Powell:
https://rewire.news/article/2018/03/27/tributes-stephen-hawking-show-whats-wrong-talk-disability/

Erasing Stephen Hawking's Disability Erases An Important Part of Who He Was, by Jessica Roy:
http://www.latimes.com/science/sciencenow/la-sci-sn-stephen-hawking-disability-rights-20180316-story.html

Federal Hiring Freeze Likely to Worsen SSDI Backlogs

QUICK UPDATE: 
President Trump's newly announced hiring freeze ",,,, applies to all executive departments and agencies regardless of the sources of their operational and programmatic funding …" including the self-funded Social Security system. It may limit and/or delay a number of services and benefits for people with disabilities and worsen Social Security disability claims backlogs that are already experiencing severe levels of delay, as recently reported by Bloomberg: "Trump’s Hiring Freeze May Worsen 526-Day Disability Case Backlog". 

Violence Against Youth with Intellectual Disabilities in the News

Violence against people with disabilities can be federally classified as "hate crime", but due to a variety of systemic failures, it often isn't. Too often, as recently exemplified by the miscarriage of justice in the John JK Howard plea deal, the perpetration of violence against individuals with intellectual disabilities is deemed less heinous, less traumatic than crimes against more typically functioning individuals. 

Further commentary forthcoming; see videos and linked stories below. 

‘CHICAGO 4’ GETS DEATH PENALTY THREATS – JOHN R.K. HOWARD RAPES MENTALLY DISABLED TEEN WITH COAT HANGER AND WALKS FREE

http://www.inquisitr.com/3862721/chicago-4-gets-death-penalty-threats-john-r-k-howard-rapes-mentally-disabled-teen-with-coat-hanger-and-walks-free/ 

30 Witnesses Shed Disturbing Light on Football Team's 'Alleged' Coat Hanger Rape of Disabled Teen

http://ijr.com/2016/09/703806-30-witness-testimonies-reveal-truly-disturbing-evidence-of-alleged-coat-hanger-rape-on-hs-football-team/

Facebook Video Shows VIolence Against People with Disabilities Not So Rare

From CNN, Click Here: Facebook Video Reminder of Violence Faced by Disabled Americans

Kidnappings and torture matched with inflammatory racist statements that are broadcast on Facebook Live are rare. But the reality is that violence against people with disabilities is all too common. We need a legal system and a society that recognizes the vulnerability -- and shared humanity -- of all disabled people.
-- David. M. Perry

Voters with Disabilities-- What Candidates Offer, What They Don't

According to PBS NEWSHOUR reporting, 35 million people with disabilities are newly able to vote in this year's election, and about 25% of all voters in the U.S. have a disability or live with someone who does. Although disability and other health related issues often receive special attention in election years, this cycle has been especially noteworthy but for all the wrong reasons.

Candidate Donald Trump continues to receive well-deserved blowback following his mockery of a journalist with a disability.  Hillary Clinton struggles to strike a balance in favor of-- and in favor of fixing-- the Affordable Care Act. But how do the candidates really line up on disability-issues?

Check out these resources more information:
Accessibility 2016: Where Do the Candidates Stand? 
http://equalentry.com/articles/accessibility-2016-where-do-the-candidates-stand/

Disability Thinking (#cripthevote)
http://disabilitythinking.com/election-2016-cripthevote

On the Issues: Every Political Leader on Every Issue
http://www.ontheissues.org/default.htm

Vote Smart
http://votesmart.org/

VSA Texas and Coalition of Texans with Disabilities Focus on Bogus ADA Lawsuits

Austin, TX

Following up on an earlier reporting series (also noted on this blog) KXAN News recently reports that the Coalition of Texans with Disabilities and VSA Texas (formerly Very Special Arts) are making a point to separate themselves from the hundreds of nuisance ADA lawsuits filed by John Deutsch and his attorney, Omar Weaver Rosales. VSA and the Coalition do not want consumers or the general public to conflate their legitimate pursuits toward a more accessible community with the machinations of Deutsch and Rosales.  For past and current KXAN reporting, please see the links below as well as previous DisabilityIntel posts in the blog archives:

"Disability Advocacy Groups Weigh in on Hundreds of ADA Lawsuits" 

http://kxan.com/2016/09/09/disability-advocacy-groups-weigh-in-on-hundreds-of-ada-lawsuits/ 

"Hundreds of Austin Businesses Hit with ADA Lawsuits in One Year"

http://kxan.com/hundreds-of-austin-businesses-hit-with-ada-lawsuits-in-1-year/

"Austin Business Owners Concerned Over Disability Access Lawsuits"

http://kxan.com/investigative-story/austin-business-owners-concerned-over-disability-access-lawsuits/

2016 Presidential Election-- What Effects Will Voters with Disabilities Have?

As this year's election quickly approaches, mainstream journalists are finally taking note of the impact and influence voters with disabilities may have on the outcome. Below are some links to recommended reading related to the topic, and I'll have an editorial on the way soon...

"One in Six Voters Has a Disability- And it's Harder for the Them to Vote Because of It"
http://fivethirtyeight.com/features/one-in-six-eligible-voters-has-a-disability/

"No, Louie Gohmert, Disability is Not a Joke"
http://www.cnn.com/2016/09/09/opinions/louie-gohmert-mocking-disability-perry/

"Getting to the Ballot Box Isn't Always Easy"
http://www.santafenewmexican.com/news/health_and_science/getting-to-the-ballot-box-isn-t-always-easy/article_fd5f9874-edaf-5a92-b966-195a42b084ea.html

"Disability Could Play Outsized Role in the Election"
https://www.disabilityscoop.com/2016/08/16/disability-outsized-role-election/22626/

Texas' KXAN Asks: When Does Advocacy Cross Into Lawsuit Abuse?

Austin, TX

Austin's local TV station, KXAN Channel 36 recently launched an investigation into a "cottage industry" of Americans with Disabilities Act lawsuits in the city. Plaintiff John Deutsch and his lawyer Omar Weaver Rosales, whose LinkedIn profile lists him as President of the Rosales Law Firm LLC as well as Director, Producer, and Writer for Upper Realm Films, have sued approximately 30 different restaurants and bars, more than a dozen convenience stores and automotive shops, four banks, and numerous other small businesses in Austin for a total of 382 lawsuits to date.

While Deutsch and Rosales are not the only parties involved in suing local businesses for poor ADA compliance, KXAN notes the hundreds of lawsuits they've filed are clearly for profit, and thus indicative of "systemic abuse" of the system.

All suits follow a pattern of alleging violations to the exterior of the business, none allege any interior violations, suggesting that complaints are made based on "drive-by" tactics with no effort made to contact the business owners or request remediation before bringing suit. The lawsuits also all seem to follow a shared boilerplate.  

Related:

• http://kxan.com/investigative-story/austin-business-owners-concerned-over-disability-access-lawsuits/
• http://kxan.com/2015/12/10/new-batch-of-ada-lawsuits-hits-austin-businesses/
• http://kxan.com/2015/11/13/businesses-consider-uniting-to-defend-accessibility-lawsuits/

Disney Parks: Disability Unfriendly?

Disability Scoop posted an interesting an important article on the recent U.S. District Court decision finding that Disney did not violate the ADA in its overhaul and implementation of a new Disability Access Policy for visitors and family/group members with disabilities. See the original article, Judge Tosses Disability Access Suit Against Disney: https://www.disabilityscoop.com/2016/04/29/judge-tosses-suit-disney/22249/  Also see the original article when the suit was brought in 2013: https://www.disabilityscoop.com/2013/10/07/despite-disney-changes/18782/

Disability Intel on Twitter

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for updates on Disability Intel and sister site Contagious Intel

White House Begins Monthly Disability Calls

The White House Disability Group is now hosting MONTHLY DISABILITY CALLS, during which the public can call in to hear updates on a variety of disability-related issues.

FROM THE WHITE HOUSE DISABILITY GROUP:

In order to help keep you more informed, we are beginning in December to host monthly calls to update you on various disability issues as well as to introduce you to persons who work on disability issues in the federal government. We strongly urge and ask that you distribute this email broadly so that anyone who wants to participate can do so.

Our first call will be this Friday, December 3, at 11:00 AM Eastern. The conference call information is below:
Dial in: (800) 230-1092
Title: Disability Call (use instead of code)
Date of Call: 12/03/10
Start Time: 11:00 AM Eastern

For live captioning, at time of call, log onto:
http://www.fedrcc.us//Enter.aspx?EventID=1663465&CustomerID=321