AAPD GRATEFULLY ACKNOWLEDGES OUR CORPORATE PARTNERS AMTRAK AND VERIZON COMMUNICATIONS FOR SPONSORING THIS SPECIAL MAKING CONNECTIONS ISSUES OF AAPD NEWS. MARTIN WINS IN SUPREME COURT May 29 the U.S. Supreme Court ruled 7 – 2 that Casey Martin, a professional golfer with a disability has a legal right to ride in a golf cart between shots at PGA Tour events. In the ruling, the justices ruled that federal law requires the pro golf tour to waive its requirement that players walk the course during tournaments for Martin. "We have no doubt that allowing Martin to use a golf cart would not fundamentally alter the nature of the PGA Tour's tournaments, "Justice John Paul Stevens wrote in the majority opinion. Stevens himself is a golfer. He continued that the purpose of the tour's walking rule is to introduce fatigue as a factor that could influence the outcome. Stevens said Martin's circulatory disorder causes him greater fatigue even with a cart than is experienced by many walking. Justice Antonin Scalia wrote the dissent, joined by Justice Clarence Thomas. "In my view today's opinion exercises a benevolent compassion that the law does not place within our power to impose," he said. He wrote that for the majority, "there is one set of rules that is fair with respect to the able-bodied, but individualized rules…for talented but disabled athletes and the law mandates no such ridiculous thing." PGA Tour officials have made no comment but fellow pro Jim Furyk said he was happy for Martin and that if he was Casey he would have done the exact same thing. AAPD congratulates Martin on his victory and wishes him the best in his golf game. After all, as he has said many times, he just wants to play golf. AAPD HIRES LONG TIME FIELD ORGANIZER JIM DICKSON TO HEAD MAJOR NEW DISABILITY VOTE PROJECT Political activist Jim Dickson joined the staff of AAPD June 11 as Vice President for Governmental Affairs. Dickson is leaving the position of Vice President and Director of the Political Participation Program at the National Organization on Disability (NOD), where he has served since 1997. While there he led the FDR wheelchair campaign and spearheaded an organized voter registration and participation effort that included thousands of volunteers and more than 36 disability and other civil rights organizations. Ultimately the effort registered 500,000 new voters with disabilities with more than 14 million individuals with disabilities voting in this past November's election, an increase of 2.7 million over previous elections. Prior to his involvement with NOD, Dickson led grassroots efforts for environmental issues leading to the passage of the Clean Air Act. He also served as Field Director for the Children's Defense Fund and co-founded Project Vote, a national non-partisan voter registration and participation program that has registered 3 1/2 million African Americans in 23 states since 1982. He was part of the leadership team that conceived the motor voter law and helped it pass through Congress. Currently Dickson is working with members of Congress to ensure national mandatory voting standards that include accessible voting places and accessible voting machines. After the 2000 election and the attention brought to the thousands of inaccessible voting places and machines, Congress has made a monetary commitment to get states to reform their election systems. According to Dickson, the best bill for voters with disabilities is the Conyers, Dodd bill because it is the only piece of legislation requiring national mandatory standards to be met by November 2004 so that every American can cast a secret, independent, and counted ballot. Dickson is also involved in a number of potential lawsuits against states whose voting places and machines are inaccessible. Dickson will be joined at AAPD by his former NOD colleague Adina Topfer. Ropfer's position will be Director of Disability Vote Project. HAPPY BIRTHDAY AAPD! HAPPY BIRTHDAY ADA! Dear AAPD Member, On July 26, AAPD will mark the sixth anniversary of our creation in 1995. In this brief period, AAPD has gone from a great idea to a prominent national organization with a solid membership base, talented and growing staff, and impressive Board of Directors. In the last year, AAPD passed the 25,000-member threshold and experienced a dramatic increase in revenues and expenditures thanks to the unprecedented corporate support, led by Volkswagen of America, for our Spirit of ADA Torch Relay. Our member benefits continue to be enhanced, from the popular quarterly newsletter to the mail order prescription drug program to our online career center. AAPD's perspective and positions are now sought out regularly by members of Congress, Administration officials, and major national and international media. This year, I am pleased to announce that AAPD is more than doubling our full-time staff (from 3 to 7) by bringing on a top notch Disability Vote Project, spearheading National Disability Mentoring Day with the U.S. Department of Labor (mark your calendars to participate on October 24!), and launching a national membership campaign from our new Massachusetts office. We are also building an ability to communicate more regularly with you electronically by developing a quality listserve and enhancing our webSite. As your President and CEO, I am very proud of the progress AAPD has made in its critical developmental phase from birth to six. Like a thriving kindergartner, AAPD has learned a great deal in these early years and will use this knowledge to pursue significant growth and capacity building in the next three years. As AAPD grows and matures, we will be an even stronger voice for you in Washington and be able to negotiate even more valuable discounts and services for you as benefits of membership. By this time in 2004, AAPD hopes to have more than doubled our membership and our annual operating budget from where those figures stand today. Our voter registration and get out the vote efforts will be in full swing, having engaged all of our members and our diverse partners in a registration and education effort that will yield significantly more voters with disabilities to participate in the 2004 national elections. We want to build on the historic increase in voters with disabilities who participated in the 2000 elections, and we plan to encourage our members to increase their level of political and civic involvement beyond simply voting. AAPD would not have enjoyed its early successes without the steadfast and enthusiastic support of you, our dues paying members. As AAPD grows, we look forward to adding to the tangible benefits you receive as members, from easy access to credit and financial services to affordable insurance products and other benefits that will increase your economic and political power. Wherever you are this July 26, please join with me in a hearty Happy Birthday to AAPD, a birthday we are proud to share with the Americans with Disabilities Act! I look forward to working with you in the years to come to broaden the solid base we have built in six short years. Thanks for your ongoing support, suggestions, and encouragement. Andrew Imparato AAPD President and CEO AAPD CALLS FOR FAIR US BUDGET IN TAX CUT DEBATE AAPD President and CEO Andrew Imparato this spring called upon President Bush and the Congress to ensure that any tax and budget bills enacted this session allowed for and recognized the need for greater investment in making the goals of the landmark ADA a reality. "We need stronger federal enforcement of the ADA and other civil rights laws. We need greater investments in home and community based long-term services and supports, particularly as our population ages," Imparato said. "Passing an oversized tax cut will not only lessen the possibility of progress on these important issues, but it also poses the real threat that federal support for Americans with disabilities will shrink in the upcoming years." Imparato added, "With seventy percent of Americans with disabilities not working, with children with disabilities not graduating from high school at alarming rates, with home ownership in the single digits for this population, we can ill afford the kind of tax cut that President Bush proposed." AAPD joined in a collaboration with several hundred national organizations to protest the 1.6 trillion-dollar tax cut initiated by the White House. For more information on the Fair Taxes for All Coalition of which AAPD is a member visit www.pfaw.org or call AAPD at 1-800-840-8844 (V/TTY). AAPD MEMBER ALERT AAPD LEADS CAMPAIGN TO DEFEAT SUTTON On May 19 AAPD leaders of numerous national disability rights, consumer, and service organizations launched a national campaign to defeat Jeffrey Sutton, President Bush's nominee for the 6th U.S. Circuit Court of Appeals. Deeply concerned with Sutton's belief that there is no demonstrated record of discrimination towards people with disabilities, disability leaders vowed to use all the resources of their nationwide grassroots network to block this nomination. AAPD leaders Andrew Imparato Helen Roth, Marilyn Hamilton, Bob Hamilton, and Justin Dart, Jr. all marched with activists to the White House to implore Bush to withdraw the Sutton nomination. Sutton, who represented the University of Alabama in the University of Alabama v. Garrett case before the U.S. Supreme Court, has stated that the "ADA was not needed," and has been central in many attempts to weaken or eliminate civil rights protections. When asked by a Supreme Court Justice if the Garrett case just applied to employment aspects of the ADA, Sutton replied, "Well, Your Honor, it's a challenge to the ADA across the board." AAPD urges its members to write, call, and email the White House and members of the Senate Judiciary committee urging them to withdraw Sutton's nomination. Additionally, members are encouraged to send letters to the editor and op-ed columns of their local newspapers letting them know that Jeffrey Sutton represents a very real threat to the civil rights of Americans. "AAPD strongly disagrees with the states' rights ideology that Jeffrey Sutton has made his career promoting, most recently in the Garrett and Sandoval cases before the U. S. Supreme Court," noted Andrew J. Imparato, President and CEO of AAPD. "Five justices on the Supreme Court have been steadily chipping away at civil rights protections for people with disabilities in recent years. Jeffrey Sutton is the most prominent lawyer who has been providing the chisel that activist federal judges have been using to disenfranchise and disempower millions of Americans with disabilities." Justin Dart, Jr., widely respected as the "father" of the ADA and co-founder of AAPD, reminded the audience that "the Americans with Disabilities Act is the world's first comprehensive civil rights law for people with disabilities. Barbara Bush has described it as the finest accomplishment of her husband's administration. Abraham Lincoln led this nation to war and died to establish the authority of our federal government to protect the rights of our citizens no matter what their state of residence. It is very difficult to understand how President George W. Bush could send to the Federal Court a man who challenges the 'across the board' constitutionality of a great civil rights law written in the tradition of Abraham Lincoln and signed by his father, George Bush, Sr." As of June 5, Sutton's name remained in nomination. Take action. Contact the White House and tell President Bush that this nomination contradicts his previous expression of support for Americans with disabilities. For more information on Jeffrey Sutton's record visit www.ncil. org or call AAPD at 1-800-840- 8844 (V/TTY). Contact the White House: President George W. Bush VOICE: 202-456-1414 TTY/TDD: 202-456-6213 Comment Line FAX: 202-456-2461 AAPD CO-FOUNDS NEW ADA WATCH AAPD and other leading advocacy organizations have formed ADA WATCH, a campaign to restore and protect the civil rights of people with disabilities. ADA WATCH includes an informational network designed to alert and activate the grassroots to respond to any threats to the ADA. More than 100 organizations are currently participating in this new effort. Most recently ADA WATCH is working to stop the nomination of Jeffrey Sutton to the 6th Circuit of the U.S. Court of Appeals, to implement the Olmstead Supreme Court decision requiring states to offer home and community-based alternatives to institutional placement under Medicaid and other state programs, and to fight the ADA Notification Act. To Join ADA Watch or to get more information about this powerful national coalition of individuals and organizations email AAPD at AAPD@aol.com. There is no charge to join.. ADA RESOURCE INFORMATION Have a question about ADA? The following is a list of telephone numbers of Federal agencies that are responsible for providing general information to the public about the Americans with Disabilities Act. If you have specific questions about your rights under the law or you believe someone is breaking the law, you should contact an attorney. Architectural and Transportation Barriers Compliance Board 1-800-872-2253 Voice/TDD Equal Employment Opportunity Commission For questions and documents 1-800-669-3362 Voice 1-800-800-3302 TDD Alternate number for ordering documents (print and other formats) 202/663-4900 Voice 1-800-669-6820 TDD Job Accommodation Network For free information about economical accommodations 1-800-526-7234 Voice/TDD 1-800-232-9675 Computer bulletin board 1-800-324-5526 U.S. Department of Justice 202/514-0301 Voice 202/514-0383 TDD 1-800-514-0301 Voice 1-800-514-0383 TDD U.S. Department of Transportation Federal Transit Administration (for ADA documents and information) 202/366-1656 Voice DOT Office of the General Counsel (for legal questions) 202/366-9306 Voice 202/755-7687 TDD Rural Transit Assistance Program (for information and assistance on public transportation issues) 202/628-1480 Voice 1-800-527-8279 Voice/TDD (Out of DC states only) Regional Disability and Business Technical Assistance Centers U.S. Department of Education ADA information, assistance, and copies of ADA documents supplied by the Equal Employment Opportunity Commission and the Department of Justice, which are available in standard print, large print, audio cassette, Braille, and computer disk, may be obtained from any of the ten Regional Disability and Business Technical Assistance Centers. The toll-free number for reaching any of the regional Centers is1-800-949-4232 Voice/TDD CONGRESSIONAL WATCH Editor's Note: The following report is up-to-date to the time AAPD News went to press June 5. AAPD Call to Action: To find out who your representative is and how to contact him/her, go to www.congress.org www.house.gov/writerep or call the US Capitol switchboard at (202) 224- 3121. JEFFORDS MOVE BOOST TO DISABILTY COMMUNITY Vermont Senator James M. Jeffords' move from the Republican party to Independent status, voting with the Democratic caucus, is a boost to the disability community. Jeffords has long been an advocate for disability issues. He has made IDEA funding a national issue by opposing the Bush tax cut and demanding more for special education. For decades he has supported assistive technology and health care programs that benefit individuals and families with disabilities. With Jeffords supporting the Democrats, Senator Tom Daschle will become Majority Leader and Democrats will chair all Senate committees. Senator Trent Lott, who has a mixed record on disability issues such as the Work Incentives Improvement Act and the Family Opportunity Act, will no longer be in control of what legislation does or does not make it to the Senate floor. IDEA DISCIPLINE AMENDMENTS INTRODUCED IN THE SENATE Senator Jeff Sessions (R-AL) and Senator Christopher Bond (R-MO) have filed two amendments to modify the discipline provisions within IDEA. One or both of these amendments are expected to be offered during consideration of S.1, the reauthorization of the Elementary and Secondary Education Act. The amendments would gut the due process protections for students with disabilities enacted by Congress in 1997. The net result of either or both of these provisions is to segregate or exclude students with disabilities. One amendment would give state or local educational agencies the authority to establish and implement uniform discipline policies for all students, essentially gutting IDEA's discipline provisions. The other amendment would add assaults or threats to assault a school official and threats to carry, possess or use a weapon to existing IDEA discipline provisions, significantly expanding the circumstances under which students with disabilities would be removed from their educational setting and placed in alternative settings or expelled from school. AAPD members are encouraged to call Sen. Sessions' office (202)224-4124 with the following messages: IDEA amendment(s) will violate President Bush's "No Child Left Behind" policy by excluding certain students with disabilities whose behavior is not a manifestation of their disability. Further, that the amendments are not necessary according to the General Accounting Office report essentially stating that the 1997 IDEA discipline provisions are working effectively and that students with disabilities are not disproportionately involved in the violation of school codes. HOMEBOUND CLARIFICATION ACT Representative Edward Markey (D-MA) and 23 co-sponsors introduced the Homebound Clarification Act of 2001 (HR 1490). Senator Jeffords of Vermont is expected to sponsor similar legislation in the Senate. The measure would eliminate the homebound restriction of Medicare while retaining the home care services needed by many to survive. AAPD urges its members to write, call, and email their members of Congress to co-sponsor and actively work for the swift enactment of this legislation. In addition to the 23 co-sponsors in the House, 26 organizations, including AAPD, have joined the campaign for the passage of HR1490. For further updates go to www.amendhomeboundpolicy.homestead.com. ADA NOTIFICATION ACT REINTRODUCED IN THE HOUSE Rep. Mark Foley (R-FL) has reintroduced the ADA Notification Act now known as HR 914. This Bill would amend Title III of the ADA requiring that prior to filing lawsuits, people with disabilities must provide business owners with 90 days specific notice of ADA violations detailing the location of inaccessible facilities, dates when access was attempted, and facts relating to their attempt to gain access. Supporters claim that this is not about people with disabilities but about the "sleazy" lawyers who represent them, and proclaim that these lawyers are abusing the law by filing excessive and unwarranted Title III lawsuits. As of March 30, co-sponsors included Representatives Blunt (R-MO), Bonilla, (R-TX), Collins (R- GA), Crenshaw (R-FL), Cunningham (R-CA), Doolittle (R-CA), Hilleary (R-TN), Hunter (R-CA), Ose (R-CA), Shaw (R-FL), and Stump (R-AZ). Last year the ADA Notification Act received significant attention when Clint Eastwood (owner of a hotel and restaurant in California) testified in support of the bill which ultimately died in Congress. However, HR 914 is widely expected to move this time unless AAPD members and other advocates send a clear message that this year's version of the ADA Notification Act will not be tolerated. The proposed changes would allow businesses to avoid making any accessibility modifications until they are caught. It would discourage voluntary compliance with ADA's accessibility requirements and place the burden for challenging non-compliance with federal law on the backs of people with disabilities. Rep. Foley and others have tried to convince us that they are simply trying to help us by protecting people with disabilities from unfairly being caught between businesses and unethical lawyers. They say they are on our side and also want to protect us from other elected representatives who will go farther in their attempts to erode our rights. AAPD members need to contact the bill's co-sponsors and their own representatives and tell them to leave the ADA alone. A Senate version of this bill has been introduced by Senator Inouye of Hawaii. Remember numbers make a difference. OLMSTEAD EXECUTIVE ORDER Will President Bush finally release the Executive Order related to Olmstead that he promised during the campaign and earlier this year? Stay tuned. JULY 26 APPLICATION DEADLINE FOR PAUL G. HEARNE/AAPD LEADERSHIP AWARDS July 26, 2001 has been set as the deadline for the third annual Paul G. Hearne/AAPD Leadership Awards. Up to 10 people with disabilities who are emerging as leaders in their respective fields will each receive $10,000 to help them continue their work. For details visit the AAPD WebSite at www.aapd-dc.org. Application forms can be found on the WebSite. To request a mail copy or alternate format call Jessa Steinbeck at AAPD at 1-800-840-8844 (V/TTY). AAPD JOINS EFFORT TO ENCOURAGE ACCESSIBLE PUBLIC TRANSPORTATION AAPD has joined with Easter Seals and other national disability organizations in a collaboration to encourage and facilitate cooperation between the disability and transportation communities with the goal of achieving universal access through transportation for persons with disabilities nationwide. The program, Project Action, is funded through the Department of Transportation's Federal Transit Administration. Twelve years ago Congress earmarked funding for a national research and demonstration project to identify and promote "Innovations in Public Transportation for People with Disabilities." Easter Seals, as the administering agency, received funding. Today the priorities and mandates outlined by Congress in 1988 remain intact as Easter Seals and AAPD work with other organizations to accomplish the following: ? identify people with disabilities in the community and their transportation needs, ? develop outreach and marketing strategies, ? develop training programs for transit providers and consumers with disabilities, ? apply technology to eliminate barriers to transportation accessibility, and ? assist transit operators in implementing the ADA (added after the passage of the ADA). PROJECT ACTION works with a fierce commitment to closing the gaps in accessibility. Easter Seals has 100 products (reports, accessibility models and tools, videotapes) available free of charge through the PROJECT ACTION clearinghouse. Additionally, with the help of AAPD and other groups, the project's goals have been expanded to address some of the current accessibility barriers as they relate to transportation, employment, income, etc. It is only through strong partnerships that we can begin to close the gaps. PRPJECT ACTION has created several programs designed to do just that. They include consumer education and mobility planning services (MPS) and the national travelers database. For more information on PROJECT ACTION and ongoing activities, visit www.projectaction.org, or call 1-800-659-6428. AAPD PARTNERS WITH AMERICAN EXPRESS TO BUILD A MORE DIVERSE SMALL BUSINESS COMMUNITY AAPD and American Express have partnered to advance the growth of small business in the United States through a new and innovative program titled Community Business. Community Business is designed to create new sources of funding for entrepreneurs who have little or no access to capital and other resources needed to start and grow their small business. A core feature of the program is the American Express Community Business Card, a credit card intended for established small business owners interested in growing their own business while advancing the growth of small business in disadvantaged communities. How the Program Works Based on the Cardmember's selection, American Express will contribute 1% of the spending from this card, at no cost to the Cardmember, to microenterprise organizations that focus on improving opportunities in the African American, Asian, Disability, Hispanic, Native American and other minority communities. These organizations provide aspiring small business owners in these communities with technical assistance and small loans. For more information or to apply for the card, visit www.americanexpress.com/communitybusiness2. ANNOUNCEMENTS HHS TO AWARD START-UP MONEY TO STATES TO SUPPORT NEW FREEDOM INITIATIVE FOR PEOPLE WITH DISABILITIES HHS Secretary Tommy G. Thompson announced new grants for states to involve consumers and other partners in developing new programs for persons with disabilities in response to the Supreme Court Olmstead decision as part of President Bush's New Freedom Initiative. These initial $50,000 awards - available to all states and territories that request one - represent the first payment in a new $50 million grant program aimed at improving the home and community-based services available to children and adults living with disabilities. Under the Real Choice Systems Change Grant Program, the start-up money will go to every state that completes a simple request form. No state matching funds are required. For more information visit www.hhs.gov. NEW TICKET TO WORK WEBSITE The Ticket to Work and Work Incentives Advisory Panel of the Social Security Administration has launched its new WebSite. Log on to http://www.ssa.gov/work/panel to learn about the Panel and its role in the implementation of the Ticket to Work and Work Incentives Improvement Act of 1999. Meet the members and find out about the Panel's activities and upcoming events. LABOR SECRETARY LAUNCHES EARN PROGRAM Secretary of Labor Elaine L. Chao has announced the creation of the Employment Assistance Referral Network (EARN), a national toll-free telephone and electronic information referral service for employers who are seeking to hire workers with disabilities. To contact EARN, call 1-888-695- 8289, Monday – Friday, 9:00 am to 9:00 pm EST. EARN may also be accessed via its Website: www.earnworks.com. ENABLEDONLINE.COM Enabledonline, a web-based news service for the disability community is covering the ADA Watch and election reform. Go to www.Enabledonline.com and click on the top right corner where it says "latest disability news." FREE DISABILITY NEWS SERVICE NEWS LETTER Disability News Service – www.disabilitynews.com is publishing a free Disability News Service Newsletter on line. To subscribe go to the Disability News Service WebSite. EMPLOYMENT FAIR "HOW TO" MANUAL AVAILABLE This 70-page booklet, available from the Department of Labor's new Office of Disability Employment Policy, walks the reader through the five phases of executing an employment fair for applicants with disabilities: planning; marketing; attendee registration and preparation; day of the event issues; and follow up. For a copy, send an email to: dunlap-carol@dol.gov. ACCESSIBLE CONGREGATIONS CAMPAIGN SUCCESSFUL The National Organization on Disability's (NOD) Accessible Congregations Campaign celebrated meeting its target of 2,000 committed congregations on Thursday, May 3, 2001. The 2,000 congregations that have enrolled in the campaign have committed to include people with disabilities into a full life of faith, including worship, study, service and leadership. For more information and to check on the congregations in your area go to http://www.nod.org/acctallies.html. NOD will continue to enlist more congregations. AAPD congratulates Ginny Thornburgh and her colleagues at NOD for their hard work in this area! USGA LAUNCHES RESOURCE CENTER FOR INDIVIDUALS WITH DISABILITIES The United States Golf Association has developed a Resource Center for Individuals with Disabilities, which will serve as a national clearinghouse of information for those with disabilities who seek the opportunity to learn and play golf. In addition to golf programs for individuals with disabilities, grants from the "For The Good of the Game" Grants Program go to programs for economically disadvantaged youth, programs focused on introducing youth to golf through caddying and other work experiences, and the development of affordable and accessible beginner-friendly golf facilities. To learn more about the United States Golf Association Resource Center for Individuals with Disabilities, contact Mark Frace, project director, at (719) 471-4810 or visit the Web at http://www.usga.org/resource_center. POST OLMSTEAD DISABILITY ADVOCACY The Brain Injury Association, Inc (BIA) and ILRU (Independent Living Research Utilization) are working to assist states in their response to the landmark Supreme Court Olmstead ruling on the right of people with disabilities to live in the community. The BIA and ILRU, with funding from the Health Care Financing Administration, are holding a series of training for cross-disability leaders and advocates. Participants will work with their states to develop a comprehensive, five- year plan to provide supports and services for people with significant disabilities. The state groups will assist their states in the planning, implementing and evaluating of strong consumer-directed home and community-based services for persons with disabilities of all ages. A limited number of $250 stipends will be available to cover some travel and lodging costs for training participants. For more information contact Luisa Grillo-Chope, Policy Analyst at 703-236-6000 ext. 141 or lgrillo-chope@biausa.org for additional information. NEW FEDERAL GUIDE FOR PEOPLE WITH DISABILITIES PLANNING TO MOVE FROM BENEFITS ROLLS TO WORK Three federal government agencies recently released a new guide explaining rights under the ADA that apply to individuals with disabilities who are receiving Social Security disability benefits but who want to become employed. The document, entitled "A Guide for People with Disabilities Seeking Employment," sets out the ADA's key provisions, including the definition of "disability" (which is different than the definition of disability used in the Social Security Act), and an employer's obligation to make "reasonable accommodation" for applicants and employees with disabilities. The text of the guide is available on the respective WebSites of the three agencies at www.eeoc.gov , www.ssa.gov/work , and www.usdoj.gov/crt/ada. CENTERS FOR DISEASE CONTROL AND PREVENTION ESTABLISHES NATIONAL CENTER ON BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES (NCBDDD) This new center was created by the Children's Health Act of 2000, which was signed into law on October 17, 2000. NCBDDD will work to prevent birth defects and developmental disabilities, promote optimal child development, and promote health and wellness among children and adults living with disabilities. WISCONSIN GRASSROOTS EFFORTS PAYOFF Three weeks after 3,000 advocates, many with disabilities, packed the Wisconsin state capital demanding an end to waiting lists for community-based services, a legislative panel approved a $19 million package to do just that. AAPD extends a heartfelt thanks to the National Railroad Passenger Corporation, Amtrak, and Verizon Communications for underwriting this issue of AAPD News. If your company is interested in sponsoring an issue of AAPD News, contact Helena Berger at 1-800-840-8844 (V/TTY). Amtrak's Commitment to Passengers with Disabilities Yields Dividends According to company records, Amtrak ridership among people with disabilities increased nearly six percent during the year 2000 to 184,000 guests, up from 172,000 passengers with disabilities in 1999. Company officials attribute the increase to successful group-targeted marketing campaigns aimed at passenger rail travelers with disabilities. "Amtrak offers a comfortable and enjoyable travel experience, including added services and accommodations for our guests with disabilities," said Barbara J. Richardson, Amtrak's Executive Vice President. "Because Amtrak is committed to assisting those with disabilities, we are a popular travel alternative." Amtrak's disability discount, which offers guests with disabilities a 15 percent discount off the lowest available fare, makes train travel a more attractive and affordable option nationwide. Amtrak is also working hard to prepare management and frontline employees to accommodate people with a wide range of disabilities. How May I Assist You?, a special employee guide for serving passengers with disabilities, offers detailed tips. Employees are responsible for ensuring that onboard announcements are communicated to deaf and hard of hearing passengers, and that guests with other disabilities receive the assistance they need. Many Northeast Corridor trains sport onboard "Railfone" in areas near an electrical outlet which can be connected to TTYs (supplied by the passenger). Callers can also use the relay service. Each of Amtrak's new high-speed Acela Express trains carries 304 passengers and is fully compliant with ADA regulations, according to Amtrak. These trains have audio/visual announcement capability in every car. A "digital reader board" positioned above each door scrolls all run-of-the-mill announcements (next destination, distance, and time until next stop, etc.). Other messages are stored so that most public address communications will be open captioned on the visual display. Amtrak operates rail service in more than 500 communities in 45 states throughout a 22,000-mile route system. In 2000, Amtrak introduced high-speed rail service in the Northeast, initiated a nationwide unconditional guest Satisfaction Guarantee, set all-time records for passenger ridership and overall revenue, and unveiled a new brand identity. VERIZON COMMUNICATIONS ESTABLISHES LONGTERM ACCESSIBILITY GOALS Verizon Communications was formed by the merger of GTE and Bell Atlantic in June of 2000. Since that time the company has devoted a significant amount of time and human resources to developing key disability initiatives such as 711 access to telecommunications relay centers; an accessible WebSite; a Talking Caller ID Box; TTY intercept message; a Verizon Center for customers with disabilities; closed caption advertising; alternative billing formats; discounts; and product applications for people with disabilities. NYNEX, the "new" Bell Atlantic, and now Verizon have adopted a set of principles which dedicate the company to seeking accessibility solutions for its products and services, marketing its services to a broad range of users, and working with suppliers and vendors to foster universal design. The Verizon universal design principles are as follows: •Verizon will provide quality services that can reasonably accommodate a broad range of diverse users, including individuals with disabilities, •Verizon will review existing services to determine which services should be made more accessible, •Verizon will design and develop services so as to be accessible to a broad range of diverse users, •Verizon will market and provide its services in a manner consistent with accessibility standards, and •Verizon will employ these universal design principles company-wide and in relationships with customers, employees, shareholders and suppliers. Verizon will encourage companies related to but not controlled by Verizon to adopt these same principles. Verizon is currently integrating the corporate structures of the two merged companies. As a result, the corporation's offerings currently vary from state to state. COURT WATCH AS OF JUNE 5, 2001 SUPREME COURT AGREES TO HEAR TWO ADA CASES WHILE DECLINING OTHERS The Supreme Court has agreed to hear two new ADA cases while declining to hear others. The cases they agreed to hear are employment discrimination cases involving a worker at a Toyota plant in Kentucky and a US Airways employee in San Francisco. In the first case, the automaker asked the high court to resolve a division among federal appeals courts over workers who can perform some but not all of their assigned duties. In the second, US Airways claimed that it was not obligated to set aside its seniority system to accommodate a person with a disability, and a federal court agreed. A panel of the 9th U.S. Circuit Court of Appeals upheld the lower court, but the full 9th Circuit sitting en banc ruled that the case could go to trial. The en banc court said a seniority system alone does not absolve employers from seeking solutions under the ADA. Equally important the Supreme Court has declined to take on a broader challenge to the ADA. The Court recently turned aside a case that could have made states immune from lawsuits alleging discrimination against people with disabilities in access to public services, programs and buildings. The Supreme Court also refused to get involved (for now) in the question of whether people with disabilities may be made to pay some of the government's cost to accommodate them, such as a fee for special "handicapped" parking tags. The court turned aside three cases involving fees under the ADA. The justices looked at appeals arising from fees charged in North Carolina, California, and Texas, but chose not to consider any of them. At issue was the government's ban on any state surcharges to people with disabilities for the cost of providing special services, and a larger question about whether Congress had the authority to force states to do certain things under the ADA. Opponents of the fees claim they discriminate against people with disabilities, and thus violate the ADA, the very law that gave rise to them. Federal appeals courts have reached different conclusions about fees for services under the ADA. Source: Associated Press ARKANSAS ASKS SUPRMEME COURT TO REVIEW CONSTITUTIONALTIY OF SECTION 504 OF THE REHABILTATION ACT Arkansas has asked the Supreme Court to review the constitutionality of Section 504 of the Rehabilitation Act. Section 504 has also been viewed by many as the solution to the Supreme Court's restrictions on suing state employers under the ADA. In a case called Arkansas Dept. of Education v. Jim C., the parents of a child with autism alleged that the Arkansas Department of Education failed to comply with its obligations under certain federal statutes, including Section 504. The department argued that Congress did not have the constitutional power to subject states to suit under Section 504. In a 3 judge decision, a panel of the 8th Circuit originally agreed with the state of Arkansas, but in a 6-4 en banc decision, the 8th Circuit reversed the panel decision and found that Congress had, in fact, validly enacted Section 504 under its Spending Clause powers. With assistance from state's rights activist Jeffrey Sutton, Arkansas has now filed a cert petition with the Supreme Court and has asked the Court to overturn the 8th Circuit's en banc decision. DISABLED PATIENTS WIN SWEEPING CHANGES FROM H.M.O. From an April 13, 2001 article in the New York Times The nation's largest nonprofit H.M.O. agreed yesterday to revamp all of its California health centers and policies to ensure that people with disabilities have access to the full range of health care. The agreement settles a class-action lawsuit, the first of its kind in the nation, that was filed last year against the health maintenance organization, Kaiser Permanente, on behalf of all its California members with disabilities. The lawsuit argued that Kaiser discriminated against patients with disabilities by giving them inferior medical care. Part of the problem, the lawsuit said, is inaccessible medical equipment, like examination tables that do not lower and scales and mammography machines that cannot be used by people in wheelchairs. The three named plaintiffs are all Kaiser members who use wheelchairs. The settlement Kaiser agreed to is far-reaching, covering not only the installation of accessible medical equipment and the removal of architectural barriers, but also a broad commitment to develop training programs, handbooks, and a complaint system to meet the needs of people with disabilities. Kaiser also agreed to consider developing specialized clinical programs in disability care and to review all its policies to ensure that they meet the needs of people with vision, hearing, cognitive, speech, and mobility disabilities. GENETIC DISCRIMINATION IN THE WORKPLACE By Contributing Writer Paul Steven Miller Commissioner U.S. Equal Employment Opportunity Commission Recent advances in genetic research and technology fueled by the Human Genome Project provide a promise of better health through revolutionary new treatments for illness and disease. Unfortunately, accompanying this wonderful and perhaps boundless potential are worries about the abuses invited by the collection of genetic information. As genetic testing becomes more commonplace, the legal issues regarding employment discrimination on the basis of genetic information are beginning to emerge. If employers are permitted to consider genetic information in making personnel decisions, employees may be unfairly barred or removed from employment for reasons wholly unrelated to their ability to perform their jobs. Moreover, a fear of workplace genetic discrimination may result in a reluctance to take advantage of the growing array of genetic tests that can identify vulnerability to specific diseases. While all agree that advances in genetic research and technology portend tremendous benefits for humankind, people must be aware of their civil rights in this area. The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces federal employment discrimination laws, including the ADA. The ADA contains broad language that prohibits discrimination in hiring, promotion, discharge, compensation, and other terms and conditions of employment against a "qualified individual with a disability." As with other anti- discrimination statutes, the EEOC aggressively enforces the ADA's mandate that decisions in the workplace be based on one's ability to perform a job, and not upon superstitions or prejudices resulting from one's unique, varied and human characteristics. Workers and applicants for employment, who believe that an employer has misused their genetic information, or that of a family member, should promptly contact the local office of the EEOC. The ADA covers individuals with a manifested genetically-related illness or disability, or with a prior record of a genetically-related disability, such as cancer. The more challenging question is whether the ADA prohibits discrimination against individuals with a diagnosed, but asymptomatic, genetic condition. The authors of the ADA knew that the reactions to a perceived or potential impairment can be just as disabling as an actual impairment. Thus, in an effort to combat traditional myths, fears and stereotypes about disabilities, Congress included individuals "regarded as" disabled within the definition of those covered by the ADA. Similarly, in 1995, the EEOC issued policy guidance concluding, among other things, that the ADA prohibits discrimination against workers based on their genetic makeup. The issue, however, remains unresolved as no court has ruled on whether the ADA prohibits discrimination in the workplace based upon genetic information. The first executive order of the 21st century, signed February 8, 2000 by President Clinton, prohibits the federal government from using genetic information in hiring, promotion, discharge, and all other employment decisions. Since the prohibition is contained in an executive order, it applies only to applicants, employees, and former employees of the federal government. It is important to note, however, that bipartisan legislation designed to extend such protections of genetic information to the private sector has been introduced in Congress. Finally, though they differ in breadth and scope, 25 states have enacted laws against employment discrimination on the basis of genetic information. The EEOC recently settled the first lawsuit alleging genetic discrimination in the workplace. The suit alleged that the Burlington Northern Sante Fe Railroad was subjecting its employees to surreptitious genetic testing, and that at least one employee was threatened with discipline and possible termination for refusing to take the genetic test once it was discovered. Under the terms of the settlement, the railroad agreed to neither directly or indirectly request or require genetic tests. The company agreed that it would not analyze previously obtained genetic material, nor use any such results as a basis for employment decisions. Moreover, the company agreed not to retaliate against any employee who either opposed the testing or participated in the EEOC's investigation. Finally, and importantly, the company agreed to publicly advocate for federal legislation prohibiting genetic testing.