“Enhancing t=
he
effectiveness of disability activism by organizing and empowering individuals,
families, groups, and organizations!”
Empo=
werment!
Opportunity! Justice!
June=
-
July, 2008
=
To include information in next month’s Bulletin pleas=
e contact
us!
Website: <=
span
style=3D'font-size:10.0pt;font-family:"Tahoma","sans-serif"'>http://www.ct-dac.org/contactus.htm=
Stan Kosloski, 860-614-8=
351 or
StanKosloski@ct-dac.org
Jayne Kleinman, 203-631-=
4800
or JayneKleinman@ct-dac.org
|
In This Issue
|
Page
|
|
2008 Disability Convention and Expo! & Charter Oak Health
Insurance Plan – Advocates Take Action
|
2
|
|
Judge Releases Decision in Southbury Case<=
/b>
|
4
|
|
CT Landlord Found Guilty of Discrimination=
|
5
|
|
Upcoming CT Events – SCI picnic, Parents with Cognitive
Disabilities Workshop, WeCAHR Annual Meeting, BESB Awards of Excellence, =
DDC
Workshop, Trumbull Parents Workshop, Benhaven Series on Autism, CPAC Picn=
ic
|
5
|
|
DAC Regional Contacts & News from Connect-Ability
|
7
|
|
Jean Bowen Retires, ADACC to Hold Annual Meeting, and Hartfo=
rd
Stage to Hold Audio-Descriptive Performances
|
9
|
|
Calling All Artists: a Forum on Careers in the Arts
|
10
|
|
National News – ADA Restoration Act Moves Forward, Medicare
Competitive Bidding Remains an Issue, BIA Massachusetts Lawsuit Settled,
Court Rules In Favor of Blind Plaintiffs (“Show Me the Money”), the Passi=
ng
of Harriet McBry=
de
Johnson, Web Site Established for Air Travel Horror Stories, Autistic and
Proud Advocacy Group Forms, Steve Gold Bulletin, and NCD Looking for Advi=
sory
Committee Members
|
10
|
|
The Disability Advocacy Collaborative presents=
the
2nd Disability Convention and Expo<=
o:p>
Disability Convention and
Expo 2008
Sat=
urday
September 27
10 AM – =
4 PM
At the C=
onnecticut
Expo Center
(Off of I-91, Exit 33, just north of
Hartford)
265 Reverend Moody Overpass, Hartford
(off I-91 Exit 33)
|
·
<=
span
style=3D'font-family:"Arial","sans-serif"'>Representatives from the major=
party
Presidential campaigns will be invited as well as all five Congressional
incumbents and their challengers; a panel of state representatives and
senators will present their views on state level issues and offer tips on=
how
to communicate effectively with your legislators
·
<=
span
style=3D'font-family:"Arial","sans-serif"'>Learn about your rights as a v=
oter, including how to register to vote and what=
are
the obligations of your town’s polling places to ensure you can vote
independently, in an accessi=
ble
location
·
<=
span
style=3D'font-family:"Arial","sans-serif"'>Visit vendors carrying the lat=
est in
adaptive equipment and technology,
such as wheelchairs and wheelchair ramps,
augmentative and alternative communication devices,
aids for independent living,
wheelchair lifts, van
modifications, and speech
recognition captioning
·
<=
span
style=3D'font-family:"Arial","sans-serif"'>Get information on the many se=
rvices
available for children and adults with disabilities from state agencies a=
nd
private agencies
·
<=
span
style=3D'font-family:"Arial","sans-serif"'>Talk with advocates from
organizations that represent families that have children with disabilitie=
s, as well as adults with a wide range of
disabilities - from physical to learning to intellectual to mental; people
with visible disabilities and those whose disabilities are hidden will be=
in
attendance to provide information and support
·
<=
span
style=3D'font-family:"Arial","sans-serif"'>Activities are being planned f=
or
children with and without disabilities,
so plan to bring the kids and participate in fun activities for the whole
family!
|
|
|
|
|
|
<=
b>Representatives of several state-wide disability=
and
chronic disease organizations,
including the Disability Advocacy Collaborative=
,
have called on DSS Commissioner Michael Starkowski to reverse the intention=
al
discrimination against individuals with disabilities under the Governor’s
health care plan known as Charter Oak.
That plan has various limits of critical concern to individuals with
such conditions:
- =
a limited drug benefit of only
$7500/year
- =
a benefit of only $4000/year for med=
ical
equipment (e.g., hospital beds=
)
- =
lack of equal coverage for mental and
physical health conditions, th=
rough
limits specific to mental health conditions.
The
plan not only has the effect of limiting access for people with chronic
conditions—this was the purpose behind adopting these limits, as the advocates learned through the respons=
e to a
Freedom of Information Act (FOIA) request for internal DSS documents. DSS’s
Charter Oak consultant, Steve
Schramm, in an October 1, 2007 memo to the DSS Commissioner, sought to justify
limitations on mental health benefits,
durable medical equipment, and
prescription drug coverage,
explaining that these limitations were necessary “to avoid selection issues
associated with the chronic users of those services. . . This is viewed as =
an
incentive approach or negative plan design to avoid bad risk.” The Schramm memo transparently
explains that the "[p]oint to having limits on those kinds of
services" is to discourage enrollment in Charter Oak by "chr=
onic
users of those services."
Throughout
the months leading up to the issuance of a Request for Proposals in January=
of
this year, the Governor or her
office repeatedly referred to the Charter Oak plan as her plan for “univers=
al health
care” for adults and a plan for “everyone”.
These press releases touted that the plan would include a “full
prescription package” and “no maximum annual benefits.”
Despite
the adoption by DSS of the October 2007 recommendation to adopt these limit=
s to
discourage individuals with chronic mental or physical conditions from join=
ing
the Charter Oak program, the
Governor’s Press Releases issued thereafter nevertheless continued to refer=
to
the plan as one designed for “everyone”, and even declared that it is
specifically for the “most vulnerable.”
Advocates for people with disabilities and chronic disease not=
ed
that they understand there are limited dollars available for new programs.<=
span
style=3D'mso-spacerun:yes'> However,
James McGaughey, the Executive
Director of the Office of Protection and Advocacy,
noted that state law defines the protected class of “physically disabled”
individuals as including “any individual who has any chronic physical handicap,
infirmity or impairment . . . .=
” He said that it is “not permissible, under either our state constitution or statu=
tes, for a state agency to allocate limited state=
funds
in a way that specifically discriminates against people with mental or phys=
ical
disabilities” and that “any limits must not be designed to single these
vulnerable individuals out for effective exclusion from a state program like
Charter Oak.”
<=
/p>
On June 4 =
Senior
U.S. District Judge Ellen Bree Burns handed down a long-awaited decision in=
Messier v. Southbury Training School, a class action lawsuit filed in 1998 that so=
ught
decent care and community placement for the institution's approximately 600
residents. The Court will schedule a hearing to determine what remedy is
appropriate in view of the violations of the residents' federal rights.
Lynn Warne=
r, Executive Director of The Arc of Connecticut=
, hailed the decision,
calling it "a momentous occasion and a clear validation of the rights =
of
people with intellectual disabilities." The much-publicized case was t=
ried
to conclusion for 123 days between January and October 1999.
Justice For All reports that in the 113-page
Memorandum of Decision and Order signed June 4, Judge Burns ruled that the
plaintiffs (residents of Southbury Training School, The Arc of Connecticut<=
st1:PersonName
w:st=3D"on">,
WeCAHR,
and People First) established that the Department of Developmental Services=
had
violated the statutory and constitutional rights of the residents. Further<=
st1:PersonName
w:st=3D"on">, the judge characterized Southbury as a segre=
gated
institution. She also held that the State of Connecticut failed to make
independent professional judgments as to whether each resident could benefit
from leaving the institution and failed to make community placements availa=
ble
for those who expressed the desire to leave the institution.
The Court =
noted
that the State of Connecticut acknowledged that all of the residents of Sou=
thbury
Training School could benefit from living in the community, and that many expressed the desire to leave =
the
institution prior to and during the administration of Governor Lowell Weick=
er.
The Court found, however, that,
shortly after Governor John Rowland took office and appointed the current D=
DS
Commissioner Peter O'Meara, the
institution stopped gathering information about the residents who wished to
leave and its administration stopped making professional judgments about
whether each resident could leave. Further,
the Court cited the State for failure to make resources available so that t=
he
residents could experience life outside the institution contributed to the
longstanding segregation of many residents. Judge Burns described the chang=
e in
State policy as 1) an abdication of the State's duty under the United States
Constitution to decide whether each class member would be better off leaving
the institution and living in the community and 2) a violation of the right=
s of
the residents secured by the Fourteenth Amendment to the U.S. Constitution<=
st1:PersonName
w:st=3D"on">, the Americans with Disabilities Act of 1990 =
and
Section 504 of the Rehabilitation Act of 1973. Southbury Training School wa=
s in
1999, and remains today, one of the largest institutions for people w=
ith
intellectual disabilities in the United States.
The Arc of
Connecticut is located at 43 Woodland Street,
Hartford, CT 06105. Its phone =
number
is 860-246-6400.
Justice
Department Settles CT Discrimination Case
In late May the Civil Rights Division of the U.S. Department of Justice
(DOJ) reached a settlement that resolved a lawsuit alleging that a Windsor
Locks landlord violated the Fair Housing Act by refusing to grant a tenant’s
requests for a reasonable accommodation.
The lawsuit, filed on Aug. 1,
2007, alleged that
Mahmoud M. Hussein refused to grant a reasonable accommodation from his no-=
pets
policy so that his tenant’s minor daughter could work with an assistance do=
g to
help with her cerebral palsy,
seizure disorder, and
depression. The lawsuit further alleged that Hussein retaliated again=
st
the mother and daughter after they attempted to exercise their rights under=
the
Fair Housing Act by refusing to renew their annual lease and beginning evic=
tion
proceedings.
Under the consent decree, w=
hich
is pending approval by the court,
the defendant will pay $115,00=
0 in
monetary relief, including $10=
2,000 to compensate the tenant and her daughter=
and
$13,000 in attorney’s fees.
Additionally, the defendant wi=
ll
attend fair housing training, implement a reasonable accommodation policy, =
and
comply with notice, monitoring=
and
reporting requirements.
The federal Fair Housing Act prohibits discrimination in housing based on
race, color,
religion, national origin, sex,
disability and familial status. More information about the Civil Rights
Division and the laws it enforces is available at www.usdoj.gov/crt . Individuals who b=
elieve
that they may have been victims of housing discrimination can call the Hous=
ing
Discrimination Tip Line (1-800-896-7743),
email the Justice Department at fairhousing@usdoj.gov,
or contact the U.S. Department of Housing and Urban Development at
1-800-669-9777. [Justice for All – 6-04-08]
Upcoming Events
The Connecticut Chapter of th=
e National Spinal Cord Injury Associati=
on
will hold its Annual Picnic on Saturday, June 21 from 12:30 – 3:00 pm at the
Chauncey Conference Center and Pavilion at Gaylord Hospital. Representatives
from Independence Technologies will be present to demonstrate the IBOT
wheelchair. Friends and family are welcomed and food will provided by Seaso=
n’s
Catering. For more information contact 203-284-1045.
: Come hear
what's working on a national level to support parents with cognitive
disabilities, and help create
Connecticut's plan to address the service needs of these families. The event
will be held on =
Tuesday, June 24,
2008 from 8:30 a=
.m.
until 4:00 p.m. a=
t Amarante’s
Sea Cliff in New Haven.
The intended audience for the conference is Bureau Chiefs, Area Directors,<=
/st1:PersonName>
Program Directors, Program Sup=
ervisors
and Supervisors in State departments,
and Executive Staff in private agencies. Guests will include the Thortons,
parents with cognitive disabilities who have been interviewed on 60 Minutes=
. For more
information contact wendy.kwalwa=
sser@ct.gov.
=
The Western Connecticut Association for Human Rights (WeCAHR) =
will
hold its Annual Meeting Thursday,
June 26 from 7:00 – 8:30 pm at the Terryville Mansion in Danbury. Interested
persons can call 203-792-3540 for more information. =
The July state meeting of People First will be held on Thur=
sday, June 26th at 7:00 pm at the Clarion Hotel in=
East
Windsor. The agenda will include a review of Judge Ellen Bree Burns’s
decision on community placement for the people at Southbury Training School
that was issued on June 4. This will be the last meeting that Jean Bowen wi=
ll
attend as an advisor to People First of Connecticut. Laura
Hastillo of Manchester will take over effective July 1. =
The Board of Education and Services for the Blind has announced that
the agency is still accepting nominations for the 2008 Awards of
Excellence. There are six nominati=
on
categories including awards for students,
small and large businesses,
entrepreneurs who are blind,
consumers, teachers, and community boards and foundations. The nomination submission deadline is J=
une 27. An awards ceremony will be held in Octo=
ber in
conjunction with White Cane Safety Day in Connecticut. Specific information abou=
t the
nomination process is available on the agency website (www.ct.gov\besb).
The next event in the Council on Developmental Disabilities=
’
series on Life Threatening Public Policy will be held on June 27 from 10:00 am – 2:00 pm and the topic is “Constructi=
ve
Responses to Life Threatening Public Policy”. The workshop will be held at
the Institute of Technology and Business Developmen=
t, Central
Connecticut State
University in New Britain. =
To register for the event,
call 418-6157, or toll free 1-=
800-653-1134, or e-mail ed.preneta@ct.gov.
There is no cost to attend. =
The
next event in the series will be held on Friday, September 19, from 2:0=
0 -
4:00 pm and is entitled “Culture =
Of
Death”. It will also be held at the Institute of Technology and Busi=
ness
Development at Central Connecticut State University.
On June 28 the Trumbull Parents of Students with Learning Differences<=
/strong> will offer a one day workshop for parents on Understanding Special Education. The workshop will run from 8:0=
0 am
- 6:00 pm, and will require two hours of preparation. It
will be held at the Helen Plumb
Building, 571 Church Hill Road in Trumbull. The trainers are NC=
PS teacher
Vivian Birdsall and SPED*NET New Canaan director, Anne Eason, Esq. The
workshop will include prizes, food, fun, and extensive materials. CEUs are
available for educators and everything is FREE!
Questions on the curriculum? Contact Anne Eason at 966-9709 or=
Anne@spednet.org. =
;
In
July the Benhaven Learning Network=
will
present a three part series for parents who have children on the autism
spectrum entitled “Behavioral Challenges at Home and in the Community”. The
series will be offered on July 9, July 16, and July 30 from 10:00 am – 12:0=
0 pm
and parents are urged to attend all three sessions. The train=
ing
will take place at the Benhaven School, 125 North Plains Industrial Road in=
Wallingford.
The fee for the series is $75.00 (includes all three sessions, handouts and
refreshments). Please call Stacy Hultgren 203-234-1996 x 336 if you have
questions.
The Connecticut Parent Advocacy Ce=
nter invites=
all
parents to join them for an afternoon of food and fun at their Annual Frien=
ds
and Family Summer Picnic. The e=
vent
will be held on Saturday, July 12 from 12 noon to 4:00 pm at Camp Harkness =
in
Waterford (301 Great Neck Road). Among a variety of activities, this year's
picnic will feature Children's Yoga and a Traveling Touch Tank from the Mys=
tic
Aquarium! To RSVP please call CPAC at 800-445-2722 or email them at cpac@cpacinc.o=
rg. You
can also register online at www.cpacinc.org.
<=
span
style=3D'font-size:14.0pt;font-family:"Times New Roman","serif";color:black=
'>Disability Advocacy Collaborative Regional Contacts
lackerman01@snet.net =
=
pkana@snet.net =
=
Danbury Area – contact Dale Brown (db=
rown@wecahr.org ) – meetings are held at Ability Beyond Disability in B=
ethel =
North Central –– contact: Candace Low (c=
low@independenceunlimited.org) – meetings are held at 151 New Park Avenue in =
Hartford – next meeting June 30 at 10 am =
=
mike.valuckas@independencenorthwest.org =
cnewcombe@charter.netBridgeport<=
/st1:City>What's
New with Connect-Ability
Connect-Ability
– Connecticut’s
Medicaid Infrastructure Grant – has upgraded its web site [http://www.connect-ability.com/] in
recent weeks. Several key elements have been added:
- The Y=
outh
section now features a blog where Connect-Ability's teen correspondents
share their stories,
perspectives, and dreams.=
As
young people prepare to transition into the world of work or higher
education, they now have =
access
to inspiration and support in the words of the eight bloggers, who can respond to their questions and
comments.
- The
Transportation section now includes two new items. Under Public
Transportation Options, c=
lick
on the word "video" to see "Opening Doors," a five-minute film that shows peo=
ple
with disabilities using public transportation and gives an overview of=
the
equipment and services now available. On the same page, click on "Train" to see the
two-page "Tips for First-Time Train Users,"
which gives information and encouragement to try out this important
transportation resource.
Connect-Ability
Also Chooses
Local Level Pilots
Ten
organizations and non-profit agencies have been awarded funding by
Connect-Ability to help them prepare strategic plans that may result in the
awarding of up to $200,000 eac=
h. The
funding will allow the entities to implement creative ways to help people w=
ith
disabilities join the workforce. The following is a list of the successful
bidders, and the priority area=
s and
communities they will serve:
- Oak
Hill/New England Assistive Technology Center will focus on Recruiting<=
st1:PersonName
w:st=3D"on">, Hiring and Promoting people with disabi=
lities
in Hartford, East Hartfor=
d, West Hartford,
Bloomfield, Windsor, Wethersfield,
New Britain, Farmington, and Avon.
- Padres
Abriendo Puertas/Parents Opening Doors will focus on School to Work
Transition in Hartford
and New Britain.
- The
Workplace, Inc. will focu=
s on
School to Work Transitioning in Ansonia,
Beacon Falls, Bridgeport<=
st1:PersonName
w:st=3D"on">, Darien,
Derby, Easton, Fairfield,<=
/st1:PersonName>
Greenwich, Monroe, New Canaan,=
Norwalk, Oxford, Seymour,
Shelton, Stamford, Stratford,<=
/st1:PersonName>
Trumbull, Westport,