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Início / Albuns 1903
- ADAPT (1192)
This page continues the article from Image 1193. Full text available on 1193 for easier reading. - ADAPT (1190)
Commonwealth of Pennsylvania Office of Attorney General Mike Fisher Attorney General 15th floor, Strawberry Sq. Harrisburg, PA 17120 Fax: (717) 772-4526 Phone: (717) 787-1100 January 29, 1999 Stephanie A. Daniel Assistant Attorney General Attorney General's Office The Capitol Tallahassee, Florida 32399-1050 Via mall and fax Re: Olmstead v. L.C., No, 98-536 Dear Ms. Daniel: The Commonwealth of Pennsylvania does not wish to join the brief on the merits which Florida has prepared in the above case. Sincerely, [signed] Louis J. Rovelli [typed] Louis J. Rovelli Executive Deputy Attorney General Director, Civil Law Division Litigation Section JGK/hs - ADAPT (119)
Billings Gazette 6/15/83 Disabled learn persuasion tactics by ROGER CLAWSON, of the Gazette Staff Disabled persons have a right to ride public buses, and — with a bit of political savvy - they can enforce that right. That was the message Wade Blank, a Denver handicapped association activist, brought the Montana Independent Living Project conference in Billings Tuesday. Blank said it would cost $180,000 to equip Billings’s Met transit system buses with wheelchair lifts. The federal government would pay 80 percent of that cost. Blank said public buildings have been made accessible to handicapped persons, public transportation should also be accessible. He outlined how his group, the Atlantis Community, fought to make the Denver bus system provide wheelchair lifts and suggested tactics to those who would make the Met accessible to handicapped: * Lobby for support. In Denver, Blank said, major churches endorsed the Atlantis crusade. * Build public awareness. Because handicapped people are unable to ride the buses, they are never seen by bus drivers or transit officials. Blank suggested putting a person in a wheelchair on every bus to spend the day riding and handing out literature calling for equal access. * Lawsuits may be needed to force public officials to explain how federal money, given with certain strings attached, has been spent. * Serve notice that you won’t be bought off with special transportation systems. “They do not run special buses for blacks,” Blank said, "they should not be allowed to segregate the handicapped.” Participants of the conference noted that the only transportation available to the handicapped in Billings is furnished by Special Transportation Inc. (STI), a private, non-profit corporation that provides transportation for the elderly and handicapped under contract. Use of STI by handicapped adults is confined to trips for medical appointments. - ADAPT (1189)
State of Indiana Office of the Attorney General [illegible address] Jeffrey A. Modisett Attorney General [illegible phone number] March 29, 1999 William K. Suter Clerk of Court Supreme Court of the United States [illegible address] Washington, D. C. 20543 RE: Tommy Olmstead et el v. L. C. and E. W. each by Jonathan Zimring Case No. 98-136 Dear Mr. Suter: This letter is to inform you that the State of Indiana is withdrawing its participation in the amicus case brief filed by the State of Nevada in the above-entitled matter. Sincerely, [signed] J Modisett [typed] Jeff Modisett Attorney general cc: Thubert A. Baker, Georgie Attorney General John C. Jones, Georgia Sr Assistant Attorney General Frankie Sue Del Papa, Nevada Attorney General Anne B. [illegible] Assistant Attorney General - ADAPT (1188)
[title] "Don't Tread on the ADA" Rally May 12, 1999 I am proud to be with you today. Because I know I am with some of the greatest architects for civil rights and social justice in America today. I want to specifically acknowledge great leaders such as Dick Thornburgh, Justin Dart, Pat Wright, Mike Auberger, Paul Marchand and Stephanie Thomas, and all the other tremendous advocates gathered here today. With your ideas your energy and your commitment, you have torn down the walls of exclusion. You have broken down the barriers of segregation. And you've built stronger communities and a better America for ALL. When I look out at so many familiar faces, and many great friends, I'm reminded of our past shared struggles, our setbacks and our victories on the road to freedom for people with disabilities. I'm reminded of the power we have as an organized force in tearing down the barriers. And I am reminded of how proud I am to have been to be by your side as we passed the Americans with Disabilities Act. And , and then protected the ADA, IDEA, and our fragile network of community based services and supports from those who would attack them. But we are not here today to talk about yesterday. We're here to talk about tomorrow. We here to talk about the future. And we are here to say loud an clear: We aren't going back. We are going to keep moving forward. And the key to moving forward and building a better America for all is to keep saying yes. - ADAPT (1187)
Yes to inclusion. Yes to independence. Yes to empowerment. And that means yes to personal assistance services. Americans with disabilities deserve first-rate personal assistance services, not second class status. And that is why all of us who fought so hard for the ADA arc watching the Supreme Court for their decision in the Olmstead case. Let me make my position on that case crystal clear to you. I believe that any person who receives Medicaid funding for long-term services has the right to receive those services in the most integrated setting appropriate to his or her needs. And I believe that the ADA clearly protects that right. Keeping a person in an institution when that person is able to live in the community is discrimination, plain and simple. We all hope the Supreme Court agrees. Make no mistake about it, we have made tremendous progress toward the goal of eliminating unnecessary institutional living and expanding community-based support. In addition to the ADA, our state institutions are a case in point. In 1968, only thirty years ago, our state institutions were bulging with over 228,000 men and women with disabilities. Now those same facilities house a little more than 57,000 people. This is undeniable progress for which we should all be proud. But many of those remaining 57,000 people and thousands more in nursing homes are still in institutions because of misguided federal policies. That is wrong, and it must change. - ADAPT (1186)
Doc-06-93 01:00P We spend over $50 billion a year on long-term care services, that's a lot of money. But only 20% of that goes to community living. Well, I say, at the very least, we need a level playing field. We have to find a way to let the money follow the person so each person can be free. We need to create systems that have people with disabilities at the center, in control of services of their own choice. We need to replace the medical model of service delivery with the independent living model that is what people want, and let us be clear it saves money. And we need to convince all those in this capitol and in state capitols and in corporate boardrooms around the nation one simple fact: self determination is in America's self interest. I know for many of you here today, this is not a matter of developing policy it is a literal struggle for your lives, and the lives of your friends and colleagues. I know many of you have lived in institutions yourselves. You know the frustration, you know the indignity, you know the anger that comes from not living free lives in the community Let me say this to each one of you: Your struggle for freedom has not been in vain. Your fight to gain the attention of those of us here in Washington is working. But our work isn't done. We need to educate. We need to say no to legislating by fear and anecdote. And we need to remind our elected officials that we still have promises to keep. And let's remember this isn't about Democrats vs. Republicans. - ADAPT (1185)
Disability policy know no party affiliation. We must solidify our base of support and expand it to new members. Let's never make disability a partisan issue. So go out and visit your representatives and your Senators. Keep the message simple and straight forward. Share your experiences. Tell your story. Together we will move forward. Together we will make change happen. And together we'll make personal assistance services available to all who need it. Thank you. - ADAPT (1185)
Disability policy know no party affiliation. We must solidify our base of support and expand it to new members. Let's never make disability a partisan issue. So go out and visit your representatives and your Senators. Keep the message simple and straight forward. Share your experiences. Tell your story. Together we will move forward. Together we will make change happen. And together we'll make personal assistance services available to all who need it. Thank you. - ADAPT (1184)
[title] ADAPT Attendant Services Victories (as of August, 1999) HCFA simplified the Medicaid waiver process to take about 60 days. The total number of Medicaid waiver slots has drastically increased. The Medicaid Personal Care Option now covers cognitive tasks, in addition to physical tasks. Under the Health Care Finance Administration, HCFA, rules for the Personal Care Option, people can self-direct their assistance; however states' rules may vary. This spring the Clinton Administration's budget included funding to allow the Personal Care Option to cover folks whose incomes are up to three times the SSI level (approximately $1,500). The "cold bed rule" which said states could only write Medicaid slots equal to or less than the number of empty beds in nursing homes. For two years finning, Health and Human Services has funded grants to states for transitioning people out of institutions. The elimination of the Boren Amendment. The University of California at San Francisco study of the institutional bias in Medicaid regulations, including hearings in five states and the recently released final report. Introduction of MiCASA and the hearing on FIR 2020. HCFA is now providing Medicaid Home and Community Based Services, HCBS, Primer and technical assistance and best practices assistance for the states. The Rehabilitation Services Administration requires Centers for Independent Living to report on efforts to assist people getting out of institutions. (Call your RSA regional office for results.) HHS Secretary Donna Shalala has agreed to meet with ADAPT twice a year. HHS has funded a Durable Medical Equipment pilot project with four Centers for Independent Living. ADAPT and HCFA have held round one of regional meetings. - ADAPT (1183)
State of Mississippi Office of the Attorney General Mike Moore Attorney General Civil Litigation Section Robert L. Sanders [illegible phone number] [illegible email address] March 19, 1999 Clerk of the Court Supreme Court of the United States 1 First Street, N. E. Washington, D. C. 20543 re: Tommy Olmstead v. L.C. and E. W. by Zimring, No. 98-536 Dear Clerk, The State of Mississippi hereby withdraws from the Amicus Curise Brief of the States in Support of Petitioners in the above cause. We will furnish a representative to physically redact the Mississippi signature block from copies of briefs on file with the Court. Please contact me if anything further is required. With best wishes, I am Very truly yours [signed] Robert E. Sanders [typed] Robert E. Sanders Assistant Attorney General RES/vs cc: Frankie Sue Del Papa, Anne B. Cathcart, Albert Gilbert - ADAPT (1182)
J. Joseph Curran, Jr. Attorney General Carmen M. Shepard Donna Hill Staton Deputy Attorneys General State of Maryland Office of the Attorney General Telefone No. (410) 576-6955 Writer's Direct Dial No. (410) 576-6318 January 14, 1999 Florida Attorney General's Office The Capitol, Suite PLO1 Tallahassee, Florida 323994-1050 Re: Olmstead v, LC and E. W, by Zimring Dear Attorney General: Please be advised that the State of Maryland will not be offering milieus support in the above-referearteed case. Sincerely, [signed] J. Joseph Corran, Jr. [typed J. Joseph Curran, jr. Attorney General JJC:dom - ADAPT (1181)
[title] Victory in Olmstead by Homer Page On June 22, 1999, the Supreme Court handed down its decision in the Olmstead Case. Olmstead originated in Georgia and involved two women with disabilities who desired to live in an integrated setting. For the first time the court affirmed the right of persons with disabilities to live in the most appropriate integrated setting... - ADAPT (1180)
[added text lays over the document reading This Victory by ADAPT] [original document reads] Supreme Court of the United States No. 98-536 Tommy Olmstead, Commissioner, Georgia Department of Human Resources, et al., Petitioners v. L. C., by Jonathan Zimring, guardian ad litem and next friend, et al. On writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit [illegible date] Justice Ginsburg announced [illegible] and delivered the opinion of the Court with respect to Parts [illegible] with respect to Part III-B, in which O'Connor, Souter, and Breyer, joined. This case concerns the proper construction of the anti-discrimination provision contained in the public services portion (Title II) of the Americans with Disabilities Act [illegible] Stat. 337, 42 U.S.C. 12132. Specifically, we confront the question whether the [illegible] may require placement of persons with mental disabilities in community settings [illegible] in institutions. The answer, we hold, is a qualified yes. Such action is in order when the State's treatment professionals have determined that community placement is appropriate, the transfer from institutional care to a less restrictive setting is not opposed by the affected individual, and the placement can be reasonably accommodated, taking into account the resources available to the State and the needs of others with [text cuts off] [text resumes] For the reasons stated we conclude that, under Title II of the ADA, States are required to provide community-based treatment for persons with mental disabilities when the State's treatment professionals determine that such placement is appropriate, the affected persons do not oppose such treatment, and the placement can be reasonably accommodated, taking into account the resources available to the State and the needs of others with mental disabilities. The judgement of the Eleventh Circuit is therefore affirmed in part and vacated in part, and the case is remanded for further proceedings consistent with this opinion. It is so ordered. - ADAPT (118)
The Denver Post, Metro section, Tuesday Jan. 5, 1982 2 PHOTOS, The Denver Post / John J Sunderland: First: Through bars that look a bit like the ropes in a boxing ring, a man in a wheelchair (Mark Johnson) sits, chin resting on his hand, and looks on thoughtfully as a police officer writes something on a piece of paper on a surface in front of them. The officer is leaning forward almost over Mark, and Mark looks calm and very thoughtful as he watches. Caption reads: Mark Johnson, 30, was one of two protesters cited Monday at Regional Transportation District offices. He later left and was not charged. Second photo: In a brick covered room, a person in a wheelchair has his back to the camera and facing a man who is blocking his way. The man standing faces the camera and points toward it. Caption reads: Bob West, Regional Transportation District director of security, tells demonstrator he won't be allowed to obstruct business. Bus Plan Protesters Chain Selves By GEORGE LANE, Denver Urban Affairs Writer Wheelchair-bound protesters chained themselves to stairway railings and blocked the main entrance to local transit offices for about 90 minutes Monday until police removed them from the building. Two persons were cited for trespassing as 13 disabled persons in wheelchairs and about an equal number of attendants and supporters participated in the protest at the offices of the Regional Transportation District. Spokesmen for the group vowed they will return today. The demonstration was organized primarily by members of the Atlantis Community for the disabled and Wade Blank, co-administrator of Atlantis, to protest a decision by the RTD board of directors not to put wheelchair lifts on 89 high-capacity, articulated buses slated to be added to the RTD bus fleet in 1983. RTD officials allowed the demonstrators access to the building at 1600 Blake St. about 11 a.m. and raised no objections as the protesters held a press conference. During the press conference RTD was accused of reneging on a promise and violating the civil rights of the disabled by not ordering the lifts on the new buses. Following the press conference, “out of order" signs on two elevators foiled the group's plan to stage a sit-in at the third floor offices of L.A. "Kim" Kimball, RTD's executive director and general manager. “Kimball is as accessible as his buses," remarked one of the demonstrators. A brief scuffle occurred about 11:20 a.m. when Blank and several attendants attempted to carry three wheelchair occupants up a spiral stairway to Kimball‘s office. Mike Hughes, an RTD security officer, blocked the trip up the steps. The three wheelchairs with their occupants eventually were chained and padlocked to the handrailing of the stairway. Two more wheelchairs later were chained and padlocked to the landing of another stairway. The front entrance to the building was then blocked by five or six motorized wheelchairs as about a dozen policemen waited across the street. Capt. Bill Brannan ordered the demonstrators to leave the building. He then said those refusing to leave the building would be cited and ordered to appear in court it he believed they understood what they were doing. When the policemen and paramedics entered to evacuate the building, only Stephan Saunders, 31, and Mark Johnson, 30, would give their names to police. Both men were given misdemeanor citations for obstructing a government operation and obstructing a public passageway. The charges against Johnson, however, weren't filed because he later decided to leave the building voluntarily.