You're inconvenienced for a day - We're Inconvenienced for a lifetime

I was in Chicago all week with ADAPT. Unlike most of the protesters I stood my ground on the street corners just beyond where the police held vigil keeping the public away. So I handed out leaflets and talked to the people who had questions. Most people took a flyer. I don't know that they all read it, but many did right, then, and there.

Some would stop and ask me questions on their way back in the opposite direction an hour later. Some would read a bit that then come back to ask questions. Nearly everyone I talked to - whether they originally agreed with what we were doing or not agreed by the time they walked away.

What made the angriest stop and think was when I said that yes, I sympathized with the fact that they were inconvenienced - that they were forced to go where they did not want to go - but tomorrow they could go where they wanted to go, but how many people with disabilities had a lifetime of not being allowed to go where they wanted to go.

I was surprised by how many people had stories to tell me. Stories about a grandparent forced to go to a nursing home because they could not get any funds for care at home, about a sister who wanted nothing more than to die in her own bed but ended up dying 2 days after being placed in a nursing home, a parent who cried when they told me about the institution her child had lived in and how horrible it was but at the time she felt she had no other choice, the direct care worker who wanted to work in the community because she hated the institution but she couldn't live on the wages she would get working in a home, and the older man who told me about the days he worked in an institution and remembers it as filthy and not fit for humans.

The people do get it. Why don't the people who make policy get it?

No one who doesn't want to live their life in a nursing home should. Everyone in this country should have access to affordable, accessible, integrated housing. It's that simple.

Want to read more about it? http://www.notdeadyet.org

ADA Restoration Act

The ADA may not be a perfect civil rights document, but its initial imperfections have been inflated tenfold by the changes in the way it has been interpreted. It is no longer being enacted in the way it was intended. Right now the ADA still offers people with disabilities important rights that without their status as equal citizens would be jeopardized. Without the ADA there would not be an increasing number of curb cuts in every city, or public TTYs in public buildings, or new voting machines that have given people their right to vote privately for the first time in their life.

What the ADA has been unable to accomplish has been in large part due to its major flaw - that to get the ADA enforced one has to go to court before a judge who will decide what the ADA says. Judges across the nation have interpreted the ADA and what constitutes a person with a disability differently. They are not ADA experts. They have generally decided to look at the language of the ADA as exact - the law must be followed precisely. But when written the ADA was written as a guideline to given people an idea of what made sense. Every situation that could confront a person with a disability could not be described in one document - so the ADA only suggests broad parameters.

Please, if the ADA is as important to you as it is to me, read the following and act!

Ask Your Representative to be an
Original Cosponsor of the ADA Restoration Act of 2007!

Background

This Thursday, July 26, marks the 17th anniversary of the Americans with Disabilities Act (ADA). On this day, the ADA Restoration Act of 2007 will be introduced by chief cosponsors Representatives Steny Hoyer (D-MD) and James Sensenbrenner (R-WI) to restore protections for Americans with disabilities under the landmark law.

Despite the ADA's intent to create a level playing field in the workplace, the full promise of the law has never been fulfilled. In recent years, the Supreme Court has slowly chipped away at the broad protections of the ADA and created a new set of barriers to employment for people with disabilities.

Courts across the country have been quick to side with businesses and employers, deciding against people with disabilities who challenge employment discrimination 97% of the time, often before the person has even had a chance to show that the employer treated them unfairly. Indeed, courts have created an absurd catch-22 by allowing employers to say a person is too disabled to do the job, but not disabled enough to be protected by the ADA. For example, people with conditions like epilepsy, diabetes, hearing loss, and mental illness that manage their disabilities with medication, prosthetics, hearing aids, etc. or mitigating measures are viewed as too functional to have a disability and are denied the ADA's protection from employment discrimination.

This is not what Congress intended when it passed the law and President George H.W. Bush enacted it into law in 1990. The law was intended to be broadly - not narrowly - interpreted.

The bipartisan ADA Restoration Act will amend the ADA to require courts to focus on whether a person has experienced discrimination "on the basis of disability," rather than requiring individuals with disabilities to first demonstrate that they are substantially limited in some major life activity.

Disability advocates have been working tirelessly for the last several years to restore the original intent of the ADA by meeting with Members of Congress, collecting stories about disability discrimination and ADA success stories, issuing a petition to support the ADA Restoration Act, and leading a bus tour that has traveled more than 13,000 miles in 28 states. We need your support now more than ever.

Status

On July 20, a "Dear Colleague" letter was sent by Representatives Hoyer and Sensenbrenner to all members of the House of Representatives seeking original cosponsors before the bill is introduced next week on July 26.

Take Action

Call your Representative TODAY and ask him/her to cosponsor the ADA Restoration Act now! Our champions need to have as many original cosponsors as possible to make a good showing on introduction.

Hate Crime Bill

If a person deliberately harms you because you are of a particular race,
it is considered a hate crime and they are prosecuted for a hate crime
in addition to whatever other crime they committed. No so if you are a
person with a disability. If your very existence pisses a person off and
they decide to harm you, it is still a crime, but only a crime for the
crime act, not the intent behind it. So a person might be willing to
risk the penalty for a simple assault, but not be willing to risk the
penalty for a simple assault AND a hate crime. It also demonstrates to
the community at large that this government is serious about protecting
people with disabilities - even if it doesn't always appear so by other
laws and regulations we enact or don't enact or enforce.

(TO INCREASE FEDERAL PROTECTION AGAINST DISCRIMINATION
BASED ON SEXUAL ORIENTATION, DISABILITY, GENDER AND
GENDER IDENTIFICATION.)

Urge your Senators to Enact the Hate Crimes Bill
Take Action!
Calls needed TODAY!!!!

Status

Last week, Senators Edward M. Kennedy(D-MA)& Gordon Smith(R-OR)
filed S.1105, the Matthew Shepard Local Law Enforcement Hate Crime
Prevention Act of 2007 (LLEHCPA) as an amendment to the Dept.
of Defense (DOD)reauthorization bill currently being considered on
the Senate floor.

The LLEHCPA, already passed by the House of Representatives will,
for the first time, allow for the federal prosecution of hate crimes
based on disability, as well as gender, sexual orientation and gender
identity.It will also provide local police and sheriff's departments
with vital federal resources to address hate crimes on a larger, more
inclusive scale.

The DOD reauthorization bill vote could happen any time, most likely
this week after the Iraq war debate. Thus, it is imperative that we
communicate NOW with Senators urging them to move the K-S
Hate Crimes amendment on the DOD reauthorization bill. Without the
LLEHCPA, crimes committed against people w/ disabilities SIMPLY
BECAUSE THEY HAVE DISABILITIES may continue to go unrecognized,
unprosecuted, and unpunished.

Take Action

ACT NOW! Call your Senators TODAY at 202-224-3121 & urge
them to support S. 1105, the Matthew Shepard Local Law
Enforcement Hate Crime Prevention Act of 2007 (LLEHCPA)
and to ensure that the Kennedy-Smith Hate Crimes
Amendment is passed as part of the Department of Defense
reauthorization bill.