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Inside The ADA at 11 — p. 8 IDEA at 26 — p. 9

July 10, 2001

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“We will treat Americans with disabilities as people to be respected, rather than problems to be confronted.”

— President George W. Bush

Non-profit Org. U.S. Postage PAID Mpls. MN Permit No. 4766

Volume 12, Number 7

SOURCES

RESOURCES

July 10, 2001

THE AFTERMATH OF GARRETT: MN TAKES THE LEAD IN WAIVING STATE IMMUNITY by Kathleen Hagen

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Legislative Session Review: Budget Means Big Changes For Disability Community by John Tschida

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voiding a government shutdown by the narrowest of margins, state lawmakers adopted a new health and human services budget June 29. The proposal includes many changes that will affect the disability community. What follows is a cursory description of the bill’s major components. Please watch future issues of Access Press for details on the following and other subjects. Direct care staff crisis: Cost of living increases of 3 percent were earmarked in each of the next two fiscal years for nursing homes and home and community based providers. Workers at Intermediate Care Facilities for Persons with Mental Retardation (ICF-MRs) and day training and habilitation providers will see 3.5 percent gains during the same period. The funds are designed to stem the flow of workers leaving these critical jobs for more lucrative paychecks elsewhere. Two-thirds of these dollars must be spent on salary or compensation, which includes wages and health premium costs incurred by employers.

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An additional Medical Assistance rate increase was approved for skilled nursing facilities that will pay an increased per diem rate for the first 90 days of an individual’s stay. The hike, 20 percent for the first 30 days and 10 percent for days 60-90, will especially aid facilities such as Courage Center and Trevilla of Robbinsdale with a high percentage of residents with disabilities covered by Medical Assistance. Medical Assistance for Employed Persons with Disabilities (MA-EPD): A new premium structure will take effect November 1, 2001, for those enrolled in this state program which allows people with disabilities to work, yet still retain Medical Assistance coverage. While less draconian than the governor’s original proposal, the change will increase monthly premiums for an estimated 4,000 individuals with disabilities. Those with incomes at 100 percent of Federal Poverty Guideline (FPG) will pay a premium equal to 1 percent of total income. Graduated increases will cap at 7.5 percent of total income for

those earning 300 percent of FPG and above. Previously, only individuals earning 200 percent of FPG faced a premium charge, at a flat rate of 10 percent of income earned above this level. Individuals enrolled in the MA-EPD program who must discontinue work due to a medical condition will remain eligible for the program for four months. Previously, individuals were disenrolled after two months. The change will prevent a spend-down from occurring until the fifth month after a work cessation. Additionally, those who leave the program will have any accumulated assets frozen for one year. This will allow for any savings to stay intact—avoiding the need to liquidate savings to meet the MA $3,000 asset limit—in the event of a work separation. Income standard increase: Individuals earning up to 100 percent of FPG will be able to retain their monthly earnings (up to about $716) without spending down their income in order to qualify for Budget - cont. on p. 9

eaders will remember the Supreme Court’s decision in University of Alabama Board of Trustees vs. Garrett discussed in an article in the March 2001 Access Press. In that decision, the Supreme Court said states were immune from private lawsuits by state employees for monetary damages. This decision followed a line of decisions limiting rights under other Civil Rights and Labor Statutes. Legislators and activists in various states have tried to come up with ways to restore some of the rights removed by these decisions. Remember that these decisions were interpreting—more conservatively than previous decisions had—the 11th Amendment of the United States Constitution barring suit in federal court against states. Generally, in order for states to be said to have waived their immunity they must meet one of three tests. The first way for states to have waived immunity to be sued, would be that the Congress must have expressly intended by the legislation to waive states’s immunity to a federal lawsuit, and the Congress must have had the authority to waive such immunity. In Garrett and other recent decisions involving other Civil Rights Statutes, the Supreme Court said Congress intended to waive immunity to lawsuits against the states, but that Congress didn’t have the authority to waive such immunity. The second way states could waive immunity was to implicitly waive immunity by accepting funding under federal statutes. For example,

states which accepted federal funding for public education might have waived their right to claim immunity to suits under the Individuals with Disabilities Education Act (IDEA). Minnesota Only State to Waive Immunity The third way states could waive immunity to be sued is by expressly stating in legislation that they consented to be sued under specificallystated federal statutes. Several states have introduced bills which, if passed, would waive this immunity. Minnesota is the only state which has passed legislation this term which may alleviate some of the problem. This bill was one of the few actually signed by the Governor during the 2001 legislative session. Minnesota’s legislative approach differed from that of the other three states which got bills before their legislature for a vote. I will discuss the bills in the other states first. Rhode Island The most sweeping legislation was introduced by Rhode Island. Apparently, their approach was to try to fix all the problems which could occur with any civil rights statute before the Supreme Court reduced any of those rights further. Their legislation stated, in part, “The state consents to be sued in state or federal court by its employees and any other proper parties seeking to enforce rights and obtain remedies afforded by the following federal statutes and their regulations when the United States Congress has indicated its intent that such statutes be applicable to the

states:...” [This was followed by a comprehensive list of civil rights statutes including: the Fair Labor Standards Act, the Equal Pay Act, Title VII of the Civil Rights Act, Title IX of the Civil Rights Act, Title VI of the Civil Rights Act, Sections 1981 through 1988 of the Civil Rights Act, the Age Discrimination in Employment Act, the Fair Housing Act, the Rehabilitation Act, the Americans with Disabilities Act, the Religious Lands Use and Institutionalized Persons Act, the Family and Medical Leave Act, and various whistleblower remedies under environmental protection statutes.] The bill went on to include another section whereby the state would agree to be sued in federal court regarding all of their state civil rights statutes. This was a wonderful bill from a plaintiff’s point of view, but it probably scared legislators to death, and it didn’t pass. However, with such inclusive language, Rhode Island (and some other states) have started the process of creating coalitions among various groups affected by civil rights statutes which may lead to passage of some portion of that legislation at some future time. California California’s approach to this legislation was similar to Rhode Island’s, but not nearly as broad in scope. California seems to have paid special attention to the possibility of eroding Title II of the Americans with Disabilities Act. The bill read, in part, “(a) The state of California consents to be sued in state or federal court by any person Garrett - cont. on p. 13

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July 10, 2001

Tim Benjamin & Jeff Nygaard Editors

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ust as we were going to print, Access Press was informed of the sudden death of disability activist Jay Johnson. Director of OPTIONS Resource Center for Independent Living in East Grand Forks, Jay has been an outspoken advocate for equal access for people with disabilities. His funeral will be Monday, July 9 in

Grand Forks. We have lost another strong voice for civil rights. In the August issue, we will carry a profile of Jay and his years of activism.

This month we have no fewer than four major articles contributed by advocates in the community. How lucky we are to have such knowledge-

able and committed advocates who are also good writers, AND who are willing to volunteer their time to inform our readers. A big Thank-You to these writers! *** On page 1, disability law attorney Kathy Hagen highlights the actions taken by Minnesota to guarantee state workers their rights under the ADA. This major news went almost entirely unreported in the major media. Also on page 1, John Tschida reflects on the just-ended and somewhat bizarre 2001 legislative session. We fully expect to have more on this in the August edition, once we have some time to sort through the details of this unusual session. ***

Nominations Sought For Awards Program O

ctober is Minnesota Disability Employment and Awareness Month. This is an ideal time to highlight individuals, groups and businesses that have worked to “expand opportunities, increase quality of life and empower people with disabilities.” The Minnesota State Council on Disability’s Award and Recognition Program is one of the highlights of the month’s awareness activities. The Council presents awards in a wide range of categories from accessibility to recre-

On page 8 we see John Tschida’s byline again, as he gives us a great summary of some of the major developments in regard to the ADA over the past year. Sue Abderholden commemorates the 26th anniversary of the passage of IDEA with an account on page 9 of an exciting national conference on implemenation of IDEA that took place last month. Sue also gives an overview of special education in Minnesota in the year 2001. Happy Birthday, ADA and IDEA! *** Part 2 of Amy Farrar’s series on Repetitive Motion Disorders appears on page 12. This month, Amy looks at what the states and the federal government are doing to reduce the

Letter Art Letter Art allows users to do more distinctive graphical layouts than can be achieved with standard Windows programs alone. For example, until recently, blind people had virtually no access to state maps, college campus maps, and transit maps. Now, Letter Art, a commercial sign layout program, includes a braille

Co-Founder/Publisher (1990-1996) .................................................................... Wm. A. Smith, Jr. Co-Founder/Publisher/Editor-in-Chief (1990-2001) ......................................... Charles F. Smith Editor ............................................................................................................................. Jeff Nygaard Editor – Designate ...................................................................................................... Tim Benjamin Cartoonist ....................................................................................................................... Scott Adams Production ............................................................................ Presentation Images, Ellen Houghton Editorial Assistant ............................................................................................... Nathan Halvorson ACCESS PRESS is a monthly tabloid newspaper published for persons with disabilities by Access Press, Ltd. Circulation is 11,000, distributed the 10th of each month through more than 200 locations statewide. Approximately 650 copies are mailed directly to political, business, institutional and civic leaders. Subscriptions are available for $15/yr. Editorial submissions and news releases on topics of interest to persons with disabilities, or persons serving those with disabilities, are welcomed. Paid advertising is available at rates ranging from $14 to $18/column inch, depending on size and frequency. Classified ads are $8.00, plus 35 cents/word over 20 words. Advertising and editorial deadlines are the 30th of the month preceding publication; special scheduling available for camera-ready art. ACCESS PRESS is available on tape. Call MN State Services for the Blind, 651-642-0500 or 800-6529000. Inquiries should be directed to: ACCESS PRESS • 1821 University Ave. W. • Suite 185N • St. Paul, Minnesota 55104 • (651) 644-2133 • Fax (651) 644-2136 • E-mail: access@mninter.net.

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feature. Sighted users can draw a sign, a map, and much more, and have Letter Art automatically provide braille labels. Letter Art can print a copy of a map or diagram and then have Tiger Advantage emboss the same information to achieve a document with print and braille. Products - cont. on p. 6

President Signs Olmstead Order by Nicole Roberts

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fter ADAPT protestors picketed the White House in mid-May, President Bush signed an Executive Order that will actively promote community-based alternatives—rather than institutions—for individuals with disabilities. The Order, executed on June 18, 2001, directs federal agencies to work closely with states to

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ACCESS PRESS

Access Press this month says goodbye to editorial assistant Nathan Halvorson. Nathan was here through some very tough times, and stuck with the ship through the illness and death of Charlie Smith. Thanks for your hard work and loyalty to the paper, Nathan. You’ll be missed! *** After months of assessing the adequacy of our current office space, we have decided to move. The new (and larger) space is in the same building, in Suite S-104 (at the south end, near the bus stop). Phone, fax, and Email should remain the same. Watch future issues of Access Press for an announcement of our open house. Q

Two New Products For Blind People

Tiger Advantage and building accessible, af- Many blind students and fordable housing. professionals rely on braille to read educational and workNomination forms and infor- related documents. Braille mation on the awards and versions of these documents recognition program are avail- are produced with a braille able from the Minnesota State embosser attached to a perCouncil on Disability’s of- sonal computer. The braille fice, 121 E. 7th Place, Suite embosser was developed at 107, St. Paul, MN 55101 or the Massachusetts Institute of call 651-296-6785 V/TTY in Technology in the late 1960s the Metro area. In Greater This vital piece of equipment Minnesota dial 1-800-945- has changed very little over 8913. The fax number is 651- the past 3 decades. Now, 296-5935. The Council’s braille enters the new millenemail address is: nium with new equipment. council.disability@state.mn.us. The Tiger Advantage—a new Q braille and tactile graphics embosser—lets blind people use popular computer software like Microsoft Word and Microsoft Excel to write and immediately emboss documents. Tiger Advantage emSPECIALIZED TRANSPORTATION bosses quality graphics, at 20 dots-per-inch, directly from 612-529-5019 any Windows application that will print to a Windows MEDICAL ASSISTANCE PROVIDER printer.

ation. Awards have been presented to educators, local communities, physicians, and legislators. Employer Awards are presented to both a large and a small employer who recognize the skills and abilities of people with disabilities by providing competitive employment opportunities and good working environments. Recognition has been given to communities who have demonstrated leadership by including disability issues in their human rights commission agendas, making necessary improvements to physical and program accessibility,

incidence of these disabling injuries. Since President Bush halted the implementation of national ergonomics standards, it may be up to the states to protect workers from these often easily-preventable injuries. *** The Directory of Organizations appears on pages 10 and 11 this month. Regular readers will notice that it is longer, due largely to the fact that we are now listing E-mail addresses for many of the groups. Also, we have rearranged the Directory, listing groups alphabetically by category rather than in one big list. We hope it is more usable this way. Let us know what you think. ***

NEED HELP WITH: • Employment? • Housing? • Health Issues? • Education? • Transportation? • Access? Contact

The Minnesota State Council on Disability Your Source for information, referral, training and technical assistance. 651-296-6785 or 1-800-945-8913 Voice or TTY email: council.disability@state.mn.us website: www.disability.state.mn.us Quality • Dignity • Independence

ensure full implementation of the Supreme Court’s ruling in the Olmstead case and compliance with the ADA.On June 22, 1999, the Supreme Court held in it’s landmark Olmstead decision that Title II of the ADA requires states, whenever possible, to place qualified individuals with mental disabilities in community settings rather than in institutions. The Executive Order refers to all Americans with disabilities, going beyond the Supreme Court’s ruling in Olmstead, which limited its decision to individuals with mental disabilities.According to a statement made by President Bush on June 19, 2001, “The Olmstead Executive Order will increase freedom for people with disabilities. It is now the federal official policy of my administration. American’s must have the opportunity to live independently, work productively and participate fully in community life.” The full text of the executive order “Community-based Alternatives For Individuals With Disabilities” is available online at http://www.white house.gov/news/releases/ 2001/06/20010619.html Q

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* Historian Speaks On Sterilization In Minnesota by Rick Cardenas and Nathan Halvorson

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olly Ladd-Taylor, a historian at York University in Toronto, Canada, visited a Remembering with Dignity (RWD) board meeting at Advocating Change Together (ACT) on June 19, 2001, after finding ACT’s website at www.selfadvocacy. com. She met with eight board members as part of her research into the sterilization of women that occurred to people under legal state guardianship and to people in institutions from the 1920’s through 1975. At the meeting, Ladd-Taylor had a chance to talk with Gloria Steinbring, a RWD board member who was sterilized against her will. Steinbring tells of her personal loss, “I had no say in it. Everyday, I think about a child. Would it have been a boy or a girl? What would it look like? Would it have a disability or not?” LaddTaylor suggested that Steinbring seek legal recompense—not only for her own well-being, but also as a way of ensuring that the practice of sterilization is not repeated on other people. Specifically, Ladd-Taylor’s research concerns the many factors which influenced sterilizations for the “feebleminded” (as they were then termed by the state). One of

the major factors most often associated with the practice is eugenics. Dr. Charles Dight was the leader of this movement in Minnesota, aimed at ridding society of the socalled “unfit.” He founded the Minnesota Eugenics Society at the University of Minnesota, wrote a fan letter to Hitler, and brought statewide attention to the idea of “the menace of the feebleminded.”

Ideas popularized by Dight and others at the time touted the benefits of eugenics and forced sterilization in reducing poverty, crime, and hereditary defects. Families thus faced many social pressures to consent to the sterilizations. In addition, social standards in 1925 were conservative, as unmarried mothers, for example, were routinely determined “feebleminded” by county probate judges, brought under state guardianship, and often sterilized. As a result, nearly two thousand people had been sterilized in Minnesota by 1950.

In addition to eugenics, potential cost-savings for the state were used to justify sterilizations. Proponents claimed these operations would, for example, potentially reduce welfare costs and With her research, Laddthe budgets of state institu- Taylor aims to show that the painful consequences of the tions. sterilizations of people like In 1925, sterilization became Gloria Steinbring continue legal through the MN eugen- for many years beyond the ics sterilization law. The actual sterilizations, which terms of the 1925 law called are no longer legal. Instead, sterilization “permissive,” the plight of these “unfit” meaning that it was not people came as a result of, as limited to institutionalized Ladd-Taylor states, “the most people and included anybody vulnerable members of a for which legal guardianship community not having access went to the State Board of to the services and resources Control. While sterilizations they need.” were also termed “voluntary,” and typically required con- Remembering with Dignity sent from a family member, and Ladd-Taylor discussed the State reserved the right to the importance of the state give consent for any person taking responsibility to change over whom the state claimed and to avoid such misuses of power in the future. Q legal guardianship.

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July 10, 2001

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IN BRIEF . . . . ACT Sponsors Workshop Of Songs Remembering With Dignity songs that capture the spirit of event will be held in the and Advocating Change Together will holding “Music For Social Change” aday of singing and songwriting this month. Participants will sing songs from other civil rights struggles and create new

the work of Remembering With Dignity. The goal of the workshop is to promote disability as a civil rights struggle, celebrate our power, our culture, and our ability to create a more just society. The

Christensen Center at Augsburg College, 2211 Riverside Ave. in Minneapolis, Saturday July 21 from 9:00AM to 5:00PM. For registration call RWD at 651-641-0297.

Disability Law Workshops ADA Minnesota and Minne- Mankato. On August 7 and 8 Ann Roscoe, ADA Minnesota State Rehabilitation Services are co-sponsoring three workshops on disability law in August. On August 6, ADA 101, an introduction to the Americans with Disabilities Act, will be held in North

workshops on the Minnesota State Human Rights Law and the Americans with Disabilities Act will be held in St. Paul and Brainerd.

sota, c/o MCIL, 1600 University Avenue, #16, St. Paul MN 55104, 651-603-2015 (V), 888-845-4595 (V, tollfree), 651-603-2001 (TTD) or 651-603-2006 (fax).

For more information, contact

Self-Advocacy Conference The theme of this year’s Metro Self-Advocacy Conference is Empowerment and Fun in 2001. Conference

dates are September 14-15 apolis. Contact Arc Hennepinand the location is the Carver for more information: Doubletree Park Place Hotel, 952-920-0855. off highway 394 in Minne-

Headwaters Fund Walk For Justice Join with activists, commu- waters Fund, the walk exists be held on Thursday, August nity groups and their supporters at Boom Island Park on Sunday, September 16, 2001, for the annual Walk for Justice. Sponsored by Head-

to raise money and visibility 16 at 5 pm. For more inforfor non-profit groups working mation, contact Headwaters for social change. An infor- Fund at 612-879-0602. mation session: Raise More Money for Your Group, will

UCPAA Changes Name The United Cerebral Palsy Athletic Association has recently changed its name to the National Disability Sports Alliance (NDSA). The change is intended to broaden the base of the organization,

which has traditionally served groups dealing with cerebral palsy, traumatic brain injuries and strokes. The more generic name will enable the organization to reach out to other

Cycling Camp

disability groups that continue to be underserved in the areas of sports, recreation, and fitness for the physically disabled. Contact NDSA at 401-792-7130.

Mark Hughes’ Disability Viewpoints

The U.S. Association of Blind Athletes is playing host August 1 1 am & 9 am, SHC* to the 2001 Disabled Cycling August 7 5 pm, SHC part II Team Development Rider August 8 1 am & 9 am, SHC part II repeated Camp at the U.S. Olympic August 14 5 pm, SHC part II repeated Training Center in Colorado August 15 1 am & 9 am, SHC part II repeated Springs, Colorado. PhysiAugust 21 5 pm, ADS* cally disabled cyclists ages 15 August 22 1 am & 5 pm, ADS repeated and older are invited to the by the Social Security Administration PASS Cadre August 28 5 pm, ADS repeated training center to hone their August 29 1 am & 5 pm, ADS repeated ocial Security’s website, to-access location,” says Joani If you do not have access to skills in road and track racing. The Work Site, brings Werner of the PASS Cadre, the Internet and want to know *SHC=Shriner’s Hosp for Children information on hiring people adding, “The website is fully more about Social Security’s For information on the camp, ADS =Attention Deficit Syndrome with disabilities to employers accessible for all people with employment support pro- contact USABA at 719-630looking for workers and to disabilities. Fewer than 5 grams, call 1-900-772-1213 0422 or Peter Paulding at Americans with disabilities percent of all Internet sites are (TTY: 1-800-325-0773) and 508-553-2804 or paulding@ • • looking for jobs. Readers can accessible to people who are ask for the publication, Work- usa.net. go to www.ssa.gov/work and visually or hearing impaired ing While Disabled - How We find information an every- or have limited dexterity.” Can Help. Q thing from training programs for people with disabilities to tax incentives for the employNational Handicap Housing Institute, Inc. ers who hire them.

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July 10, 2001

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Religion and Disability

On Mental Illness/Brain Disorders

He Gave Me Life The Six Inches In Front Of Your Face by John Schatzlein

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irk Kilgour was an Olympic medallist and volleyball player. After sustaining a spinal cord injury that left him quadriplegic, Kirk has continued his involvement in the sports world in Italy where he played professionally. He has also appeared here in the United States as an analyst on various sports shows. Another endeavor Kirk undertook was writing, including poetry. In a recent issue of Complete Mobility, a national magazine focused on disabilities, Kirk tells his account of accepting an invitation to meet Pope John Paul II at the Vatican in Rome. This is a very inspiring article that I recommend to Access Press readers. One of the reasons for His Holiness’ invitation was a poem Kirk wrote about his evolving acknowledgment of his spinal cord injury and how he felt about his life as “one of us.” His poem follows and, in my mind, shows his Spirituality, serving as an example to me. Kirk says he does not wear faith on his sleeve, but his poetry says there is depth to Mr. Kirk Kilgour. I asked God to let me be strong to accomplish grandiose projects: and he made me weak to keep me humble. I asked God to make me healthy to realize imposing enterprises: and He gave me Pain to better understand. I asked Him for wealth to possess everything: and He left me poor not to be selfish. I asked Him for power to be needed by others: and He gave me humiliation so that I would need them. I asked God everything to enjoy life: and He gave me life so that I could enjoy everything. Lord, I didn’t get everything I needed almost against my will. The prayers I didn’t Pray were granted. Be praised, God. Among all men, No one possesses more than I possess. Kirk Kilgour (Translated by Kilgour and an Italian friend.) Q

by Pete Feigal

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was given the honor of speaking at a hospital for people in crisis. There was a man there whose face and eyes were drained of all emotion, mask-like from the constant numbing pain he was living in. A face that I know so well, because I had to shave one just like it for over ten years. A face I almost forgot, because I couldn’t look in a mirror for over four years. It’s hard to describe—to someone who hasn’t experienced that kind of pain—how when you hurt so bad for so long, you reach an even more terrible place where you don’t feel anything at all. This man surprised me by being the first one to volunteer something. He told me that he had so much pain and fear he couldn’t see any future, that he had lost all hope, that he couldn’t even feel or cry, he hurt so terribly. I told him that sometimes, when I was in such a hellish place, when people tried to do “therapy” with me, tried to reason or talk me out of my pain, tried to fix me or “make

Letter To The Editor . . . Letter to the Editor: It never occurred to me that a chiropractic office would not be accessible, but one such office, Advanced Chiropractic in Golden Valley, is hardly accessible. My transportation company, Metro Medical, refuses to take me there.

There are no curb cuts, and apologetically, could offer no the non-electric double doors solution. I regret not being are nestled behind a retaining able to visit him. wall with about three feet of clearance!

I had been seeing the kind and competent Dr. Roll for problems with my wheeling wrist for about four weeks when the For one thing, the rooms are drivers began to refuse to very small, too small for a carry me there. I spoke with large electric wheelchair. him on the phone, and he,

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me better,” sometimes it was even worse. It was like I was on fire, and the therapist was describing the flames to me. I told him that sometimes thinking about the future, about ever getting “well,” about having a “normal,” life was too painful, and only dragged me deeper into despair and fear.

row, next week, next year, “when I grow up,” that’s when I believed that I wouldn’t be able to handle what I’d be given then. I sat in the chair next to him and took his hand and told him to just sit with me. Not to think about the future, or his wife, or tomorrow, or next week—just to sit with me right now and feel my hand in his. I told him that, right now, at this instance, he wasn’t alone, that there wasn’t anything wrong with him, that he was perfectly fine the way he was. I told him what my beloved old group leader George always used to say: “I’m not OK, you’re not OK, but that’s OK!”

Fear is one of the most useful tools “hardwired” into our genetic code. The “fight or flight” response is one of the key reasons our species still walks on this planet and why saber-toothed tigers don’t. But fear can also be the key reason that so many of us constantly armor our hearts against any kind of contact, even when there is nothing to I asked if he could feel my fear. hand and see my eyes and If grief is our response to pain sense that he was not alone, in the past, then fear must be a and he said that he could, but response to pain in the future. “What about this evening At least that’s where my fear when you’ll be gone?” And I has come from. I always told him that right now all we seemed to be able to handle have is right now. Worry what I was given at any about this evening when it’s immediate time, but when I this evening. Worry about looked into the future, tomor- next week when it’s next week. But right now, just feel that we’re together. Not asking for anything, not expecting anything. Not keeping Beware of Advanced Chiro- score. Just being together. practic! One of the other patients came Julia Fearing, Minneapolis Q over and, without a word, knelt beside his chair and took his other hand. Then another one came and joined us, then another, then another. The group leader came, and the head nurse came, and all of the rest of the staff. Maybe even the janitor, I don’t know, there were so many of us, but I wouldn’t be surprised.

his cheek. And then another joined it, and another, and another, until he was weeping. And his mask melted. No one spoke or tried to make him “better.” No one offered him a Kleenex to wipe away his tears, because those tears were not waste, not dirty, not shameful in any way. His tears were more precious than diamonds. We who’ve lived there know that tears are good. We’ll take tears. We just stayed in the moment, healing each other, warming our hands in the glow of our collective presence. One of the most terrible things about mental illness is how it tries to make us scale our dreams, hopes, commitment, and faith down to the level of our immediate experience, which is the suffering and hell of our pain. Sometimes all we have is right now, this instant, to not go into the future, to not dwell on the past. To simply experience what we have been given at this exact second, and be with whomever we are with at the time, be it a crowd at the Metrodome, our best friend, or even just our own company— maybe that’s one of the definitions of “life.” Staying in the moment, staying alive for the next five seconds, and then the next, and then the next. Living with the “six inches in front of our face,” as the soldiers in Vietnam used to say, is sometimes all we can do. Maybe helping each other—our best friend, a total stranger—to get through the next five seconds, to make those five seconds heaven instead of hell, maybe that’s why we’re here.

And a single tear appeared in Sometimes the next five this man’s eye. It rolled down seconds is all we’ve got. And sometimes it’s enough. Q

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* Hello Nicole: Dear Nicole, I work in a nursing home and I wonder sometimes how residents who can’t communicate feel when I’m washing or dressing them. Sometimes I know they don’t like it at all, but it’s a dilemma because I’m in such a hurry because there are so few of us... not a good excuse I know but that’s how it goes all too often. And I’m one of the gentle ones... How depressing. I read your article on pity versus compassion (May 2001 issue of Access Press) and I can only imagine how aggravating it is being condescended to. I would hate to have to rely on someone else for my basic bodily needs. Can you explain how it feels to have various personal cares done for you, like being turned or repositioned? I want to treat residents with compassion, but I admit I feel sorry for them. Sincerely, CNA Dear CNA, It is an act of compassion even to wonder what you can do to help the residents you work with be more comfortable. Of course, you feel sorry that they have to spend their lives in a nursing home—no one would want to live under these conditions. Compassion doesn’t mean that we don’t feel empathy. Compassion means that instead of running away thinking, “I don’t want to deal with this!” (expressing our avoidance/apathy) or “Thank God it’s not me!” (expressing our superiority/ condescension) we ask ourselves, “What can I do to help?”(expressing our care/ respect). And then we do it.

I hope you can realize how important your thoughtfulness is to the people you work with. Even your intention of wanting to help residents be more comfortable is so rare in these types of institutions. It’s natural that, as a compassionate person, you would feel discouraged that you aren’t able to measure up to the standards of care you wish you could give. Try to be compassionate and forgiving toward yourself. All you can do is your best, knowing the care you give won’t be perfect because you are working within the confines of the terribly uncaring “care” system our society has set up for it’s devalued populations. With the lack of funding, staffing and subhuman living environment our society chooses to allow for most nursing homes, there is only so much you can do to help. This is not to say that you can’t do anything, or that you shouldn’t be asking yourself if there is any way you could bring even a slight improvement into someone’s life. We should all be asking ourselves this constantly, every day, no matter what type of work we do.

rough, that client will know that you care. Talk to your clients, apologize for having to hurry, tell jokes, ask them if you think something you’ve done may have bothered them (even if they can’t answer) – communicate. If possible, take a moment to do a little “extra,” such as opening a window shade or affixing a pin to a woman’s blouse. Anything you can do to let residents know that you regard them as equally valuable human beings will mean so much. A minute of kindness or careful attention can be remembered and cherished for a lifetime. This is not pity—not giving to a subhuman creature in an attempt to free yourself from their suffering—but compassion: the comradeship and care of one human heart to another, wanting to help. How I feel having my care done has a lot to do with my caregiver’s attitude toward their work. I expect my caregiver to treat my body with the same respect and concern as they treat their own body. On the other hand, I understand the selflessness I ask of my caregivers and the need to truthfully consider how well I would live up to my standards if the situation were reversed. There is much difficulty inherent in the interdependent client/ caregiver relationship, especially in a society where we are taught to take care of ourselves. However, requiring the help of another person need not be a painful or degrading experience, it can be a very rich experience of learning how to be kindness and compassion in action.

Being a caregiver is an opportunity to see compassion in very tangible terms. When you are helping a client take a shower, get dressed, transfer or reposition, in essence you are becoming the parts of that person’s body that don’t work independently—you are giving yourself over to and becoming that other person. For the moments that you are helping someone you are vital to their lives. The more you can be in touch with the real importance of your job and truly — Nicole give all your attention to the client you are working with, even if you have to hurry or be

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July 10, 2001

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Disability Culture

Leadership Crisis In The Disability Community by Lolly Lijewski Part 1 of a 2 part series.

rily a legislative focus and an center of the screen, and take approach of incremental less than half of the right side he recent passing of change. of the screen. Charlie Smith, Editor and Publisher of Access Incremental change is where a Some of the tools have been Press, has caused me to stop systems advocate spends most removed from the advocate’s and reflect on the status of of his/her time. It is painfully toolbox. The advocates themsystems advocacy and activ- slow, often taking years to see selves have done this. This ism in the metro area disabil- the desired results. It involves limits the effectiveness of ity community. The picture going to endless meetings, their advocacy and does not I’m getting is rather disturb- always wondering whether adequately serve the people ing. the time spent has been with disabilities who depend productive. The advocate on them to be their voice. My understanding of systems gets little or no positive change has always been based reinforcement from the com- The actions taken by activists on the concept of a con- munity for this type of five years ago when Courage tinuum: On one end of the advocacy because it appears Center brought in Christopher continuum is direct action, to the consumer that nothing Reeve to receive the Courage with groups like ADAPT. is happening. It is also not Award would not happen Moving on, some might see gratifying for the advocate today. Yet they brought about the Independent Living much of the time. much needed change within movement—consumer-run Courage Center. This past and consumer-driven organi- There is no right way or December two advocates diszations, which, if viewed as a wrong way to do advocacy. cussed bringing the issue of quilt, has various shades and There are many strategies and getting a “gap filler,” for the hues within it. Next would approaches that work and can platforms in the Light Rail come the more moderate and even work together in an system to “the streets,” when conservative organizations, organized fashion including incremental change strategies which typically use more both confrontation and incre- met the brick wall of state conventional approaches. Fi- mental change work. How- and regional governmental nally, strategies like incre- ever, it seems as movements agencies. They decided it mental change and legislative mature and their participants wouldn’t work because they public policy work might fall move in from the margins of couldn’t muster enough supat the other end of the society, that strategies and port in the community to continuum. tactics that once worked to make the protest worthwhile bring about change are dis- and get the message out Over the past six years I have couraged, frowned on, or effectively. “Who would observed the small core activ- even discarded. Those who show up?” was the question ist/advocacy community would advocate the use of posed. The answer was a changing. It has moved away such strategies or tactics are disturbing “handful of from being a community thought to be not as sophisti- people.” The passion—the comfortable with confronting cated and possibly behind the fire—is gone from this comableism and discrimination times. munity. Several factors have and being willing to speak contributed to the loss of truth to power, toward being a Imagine the past and current these things. Q community which has moved pictures of this advocacy toward the center of the community on a television Next month, Lolly gives some continuum and which is more screen. Six years ago, the ideas about how to replace comfortable using what it picture would take up the some of the tools that have views as “sophisticated” strat- whole screen. Today, the been taken out of the disabilegies such as adopting prima- picture would appear at the ity rights toolbox.

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Question? Complaint? Comment? Write to Nicole: % Access Press, 1821 University Ave. W, #185 N; St. Paul, MN 55104; HelloNicoleAccess@yahoo.com

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Executive Order: Community-Based Alternatives For Individuals With Disabilities Following is the text of the President’s Executive Order on the ensure that all Americans have the opportunity to live close to Olmstead decision: their families and friends, to live more independently, to engage in productive employment, and to participate in By the authority vested in me as President by the Constitution community life. and the laws of the United States of America, and in order to place qualified individuals with disabilities in community Sec. 2. Swift Implementation of the Olmstead Decision: settings whenever appropriate, it is hereby ordered as follows: Agency Responsibilities. Section 1. Policy. This order is issued consistent with the following findings and principles:

(a) The Attorney General, the Secretaries of Health and Human Services, Education, Labor, and Housing and Urban Development, and the Commissioner of the Social Security (a) The United States is committed to community-based Administration shall work cooperatively to ensure that the alternatives for individuals with disabilities and recognizes that Olmstead decision is implemented in a timely manner. such services advance the best interests of Americans. Specifically, the designated agencies should work with States to help them assess their compliance with the Olmstead (b) The United States seeks to ensure that America’s decision and the ADA in providing services to qualified community-based programs effectively foster independence individuals with disabilities in community-based settings, as and participation in the community for Americans with long as such services are appropriate to the needs of those disabilities. individuals. These agencies should provide technical guidance and work cooperatively with States to achieve the (c) Unjustified isolation or segregation of qualified individuals goals of Title II of the ADA, particularly where States have with disabilities through institutionalization is a form of chosen to develop comprehensive, effectively working plans disability-based discrimination prohibited by Title II of the to provide services to qualified individuals with disabilities in Americans With Disabilities Act of 1990 (ADA), 42 U.S.C. the most integrated settings. These agencies should also 12101 et. seq. States must avoid disability-based discrimina- ensure that existing Federal resources are used in the most tion unless doing so would fundamentally alter the nature of effective manner to support the goals of the ADA. The the service, program, or activity provided by the State. Secretary of Health and Human Services shall take the lead in coordinating these efforts. (d) In Olmstead v. L.C., 527 U.S. 581 (1999) (the “Olmstead decision”), the Supreme Court construed Title II of the ADA to (b) The Attorney General, the Secretaries of Health and require States to place qualified individuals with mental Human Services, Education, Labor, and Housing and Urban disabilities in community settings, rather than in institutions, Development, and the Commissioner of the Social Security whenever treatment professionals determinethat such Administration shall evaluate the policies, programs, statutes, placement is appropriate, the affected persons do not oppose and regulations of their respective agencies to determine such placement, and the State can reasonably accommodate whether any should be revised or modified to improve the the placement, taking into account the resources available to availability of community-based services for qualified the State and the needs of others with disabilities. individuals with disabilities. The review shall focus on identifying affected populations, improving the flow of (e) The Federal Government must assist States and localities information about supports in the community, and removing to implement swiftly the Olmstead decision, so as to help barriers that impede opportunities for community placement.

The review should ensure the involvement of consumers, advocacy organizations, providers, and relevant agency representatives. Each agency head should report to the President, through the Secretary of Health and Human Services, with the results of their evaluation within 120 days. (c) The Attorney General and the Secretary of Health and Human Services shall fully enforce Title II of the ADA, including investigating and resolving complaints filed on behalf of individuals who allege that they have been the victims of unjustified institutionalization. Whenever possible, the Department of Justice and the Department of Health and Human Services should work cooperatively with States to resolve these complaints, and should use alternative dispute resolution to bring these complaints to a quick and constructive resolution. (d) The agency actions directed by this order shall be done consistent with this Administration’s budget. Sec. 3. Judicial Review. Nothing in this order shall affect any otherwise available judicial review of agency action. This order is intended only to improve the internal management of the Federal Government and does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. Q

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GET MORE OUT OF YOUR MEDICARE. If you’re eligible for Medicare, UCare for Seniors can provide additional health care benefits designed to fit your needs and your budget. There are two different levels of coverage to choose from. Both options provide generous benefits, including free eye, hearing and physical exams, worldwide emergency and urgent care coverage and more. For an affordable monthly plan premium, you receive 100% coverage on many services that you might otherwise have to pay for out of your own pocket. That’s one reason why thousands of Minnesotans have chosen UCare for Seniors. Maybe you should, too. Free Information Packet. Call 612-676-3500 Toll Free 1-877-523-1518 Hearing Impaired 612-676-6810 UCare Minnesota is a Medicare+Choice organization with a Medicare contract. You must continue to pay your Medicare Part B premium. You must use plan providers. Anyone eligible for Medicare living in the following UCare for Seniors service area may apply: Anoka, Carver, Chisago, Dakota, Hennepin, Ramsey, Scott, Sherburne, Washington, and select zip codes in Mille Lacs (55371, 56330, 56363, 56313, 56353) and Wright (55328, 55390, 55349, 55363, 55373, 55358, 55313, 55376, 55341, 55301, 55362, 55380, 55320 )

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Accessible Performances Deaf Charlie Brown The following performances will be Audio Described (AD) for people who are blind or have low vision, or Interpreted in American Sign Language (ASL) for people who are deaf or hard of hearing.

“Jacques Brel Is Alive & Well & Living in Paris” runs 7/25 – 8/26; * AD/ASL Saturday, July 11, 8:00 – AD: Rick Jacobson; ASL: Susan Masters & …, Park Square Theatre, (651)291-7005 “The Glue Factory Project 2001 – under the influence” runs 7/19-22, * ASL, Thurs.Sun., July 19-22, 8:00 – ASL: Arlyn Anderson, At Theatre de la Jeune Lune, (612)3336200, A showcase of 6 artists over age 45: Beth Corning, Bonnie Mathis, Michael Robins, Susana di Palma, Linda Kelsey, JD Steele & interpreter Arlyn Anderson, artistically integrated into the work “The Odd Couple” ASL Thursday, July 19, 8:00 – Interpreters: Jody Elwell and Susan Lorenz, MN Repertory Theatre, at U of MN Duluth. $14 Adults, $12 Students/ Seniors (62+), $7 children (13 and under). (218) 726-8561. Ask for seats in the Interpreted section.

“The Gimmick” by Dael Orlandersmith, runs 7/20–8/ 11, * ASL Friday, July 27, 7:30 – Interpreter: Mary Holte, * AD Sat, July 28, 7:30 – Describer: Mari Griffin, Pillsbury House Theatre, (612) 825-0459, *$8 One-woman drama about a young girl’s coming of age in Harlem and the transforming power of literature that allows her to escape a world of poverty. “South Pacific” runs 7/24 – 8/12, ASL/AD Sat, July 28, 2:00 – ASL: Anthony Verdeja, Laura Becker; AD: Jon Benson, Ordway Center, (651) 224-4222, TTY (651) 282-3100; www. ordway.org; tickets $24-45, This Pulitzer Prize and nine-time Tony® Award-winning musical charms you with “Some Enchanted Evening,” “Bali Ha’i,” “Younger Than Springtime,” “A Wonderful Guy….”

“Tom Sawyer” runs 7/27 – 8/ 3, AD/ASL Saturday, July 28, 7:30 – Youth Performance Co. at Howard Conn Fine Arts Center, (612) 623-9080, An “Cinderella” by Rodgers & original musical adaptation of Hammerstein, runs 7/13-29 Twain’s adventure ASL Sun., July 22, 2:00 – Lyric Arts Main Stt Stage, “Crazy for You” by George 420 E. Main St., Anoka, (763) and Ira Gershwin; 7/20 – 8/5 422-1838; Originally pre- * ASL Sat., July 28, 7:30 – sented on television in 1957 Interpreter: Beth Cherrywith Julie Andrews, Cinderella holmes, Mounds View Comwas the most widely viewed munity Theatre at Irondale program in the history of TV. High School Theater, (651) 638-2130 or goseemvct@ Now adapted for the stage. aol.com. $10, Sr/Student $8 “Spike Heels” by Theresa Romance, misdirection, disRebeck; AD performance on guises, slapstick and exciting Sun, July 22, 2:00 - with Au- dance numbers fill the stage dio Describer Mari Griffin. when the Deadrock theatre is Theatre in the Round Players, threatened with foreclosure. 245 Cedar, Mpls, 612-3333010, www.theatreintheround “Mother Goose Rocks!” by .org Area premiere of a funny Randy Latimer, music by feminist Pygmalion - a mod- Gary Rue, runs 7/6–8/5; ASL/ ern satirical love story. Graphic AD Sun., July 29, 2:00, & language & partial nudity. Thurs., Aug. 2, 12:30 – Describer: Mari Griffin; In“Tasty Baby Belly Buttons” terpreter: Nancy Niggley, by Dane Stauffer, runs 7/13 – Stages Theatre Co., (952) 8/5, AD Tuesday, July 24, 979-1111, A musical based 11:30 am – Audio Describer: on Mother Goose stories. Mari Griffin, ASL, Sunday, July 29, 2:00 – SteppingStone Theatre, at Landmark Center, (651)225-9265, A musical adventure fantasy based on a whimsical Japanese folktale. “Man of La Mancha” ASL Thursday, July 26, 8:00 – Interpreters: Doug BowenBailey & Nancy Diener, Minnesota Repertory Theatre, at the Marshall Performing Arts Center Mainstage Theatre at the University of MN Duluth. $14 Adults, $12 Students/Seniors (62+), $7 children (13 and under). 218726-8561. Ask for seats in the Interpreted section.

Minn. Fringe Theatre & Performance Festival runs 8/3-12, ASL/AD – Schedule to be announced, Loring & Nicollet Theatre Dist., Mpls, (612) 872-1212 or (612)3433390, www.fringe festival.org

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n the second consecutive year of celebrating St. Paul as the home of Peanuts creator Charles Shultz, statues of Charlie Brown sprouted everywhere around the city this June. One of those statues, located at 1536 Hewitt Avenue on the Hamline University campus, stands complete with a hearing aid tucked into his right ear and a shirt speckled with hands of all colors shaped into letters of ASL. While this statue, “Charlie Brown Understands American Sign Language (ASL),” is a must-see for members of the deaf community, the sculpture also serves as an important landmark for anyone concerned with building bridges between communities.

it, though, we stayed friends, and we became closer. I think this was an opportunity where it either brings you closer or breaks you up because it was such a test of endurance.” She continues, “It’s one thing to be able to do that when you’re having a good day, but to do that under stress and endurance was really an accomplishment. Now we know that we can and we did. We learned we can work as a group. I was privileged to witness other people’s growth as artists and leaders. There is

“Four + One” – runs 7/27 – 8/5, * ASL Fri., Aug. 3, 8:00 – 3 Legged Race, at the Southern Theater, Mpls, 612-3401725, www.southerntheater. org; * $10-12 (reg. $17-19), Dance event features eclectic movement styles of Judith Howard, Sally Rousse, Erin Thompson, Cathy Young & Chicago choreographer Jan Charlie’s journey to Hamline’s campus Erkert. began with Helene “Amadeus” by Peter Shaffer, Oppenheimer, the runs 7/21 – 8/26, 7:30, ASL artist who submitted Thurs., Aug. 16; Fri., Aug. 24, the original drawing – AD, Fri., Aug. 17; Sat., Aug. for the sculpture to 25, 1:00 (tour 11:00) – the city earlier this Photo by Beckie Kay Perkins/Michael J. Rosen Describer: Cynthia Hamre, year. Nancy Howard Guthrie Theater, (612)377- at Hamline University se- so much pride knowing that lected Oppenheimer’s draw- we achieved this together as a 2224, TTY 612-377-6626 ing, saying that “it touched team; it’s much more powerful.” “The Sound of Music” runs me.” 6/22 - 7/1ASL Saturday, June 30, 7:00 - Interpreters: Mary Bringing the statue to life was So far, Oppenheimer has Holte & Shari EstepEden a grueling process for the heard positive response to the Prairie Community Theatre at artists. Oppenheimer admits, Deaf Art Club’s Charlie Staring Lake Amphitheater, “I can do a lot, but I can’t do it Brown. “When people see the (952) 949-8453, TTY (952) alone.” For help, she relied statue, they talk about their 949-8399.Freewill donation on her friends in the Deaf Art connection to the deaf comClub, a local group that munity with a smile on their “Communicating Doors” by Oppenheimer has been work- face. I hope it continues to get Alan Ayckbourn, runs 6/16 - ing with since the club’s people and children excited 7/8* AD/ASL Saturday, June inception in 1999. Helene about ASL so they want to 30, 8:00 -- AD: Rick Jacobson; and club members had to learn more.” ASL: Susan Masters &An- complete the Charlie Brown thony VerdejaPark Square statue in a matter of just a few Though she has fibromyalgia She describes the and six herniated discs, Theatre, (651) 291-7005, A days. sci-fi murder mystery & time challenge: “It was like a Oppenheimer is not deaf. marathon. I worked day and Instead, she has opened her travel adventure! Q night, sometimes as late as 3 heart and found a bridge to * Selected performances are AM. Whenever we needed to this particular community. eligible for Reduced Admis- talk to each other, we had to Living in California when she sion Prices through Access to stop what we were doing and first became disabled, she Theatre. For more info con- talk through ASL, so that was wanted to thank a deaf friend tact VSA arts of MN, an extra challenge. Through for helping to take care of her. mn@vsarts.org. (612) 3323888 or statewide (800) 801METROPOLITAN CENTER 3883 (voice/TTY).

If you are a consumer or a provider and know health care can and must be done better, we need to hear from you.

651-641-0887

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“The Sound of Music” runs 7/26 – 8/11, ASL Thurs., August 2, 9:00 pm – Interpreter: Mary Holte, New Hope Outdoor Theatre (763) 531-5151 (free, starts at dusk)

by Nathan Halvorson

A REVOLUTIONARY APPROACH FOR PEOPLE WITH DISABILITIES

Oppenheimer recalls, “I sculpted a person signing ‘Inspiration,’ just intending to work on this one sculpture. He looked at it and he said ‘she’s talking to me.’ It was very emotional.” She can relate. As an immigrant from Russia who couldn’t speak English when she arrived in America, Oppen-heimer knows how important it is to have your voice understood and how important it is to be able to com-municate. She says, “It’s very difficult for people, anywhere, when they don’t have their language.” For this reason, she and the Deaf Arts Club share a mission to “get as much deaf art out in the community as possible in my lifetime. Anyplace there’s deaf people who frequent a place, there should be deaf art so you know that there are deaf people there. It’s uplifting.” Finally, Helene insists that she has found her place, even as an ‘outsider’ to the deaf community. “For a while, I thought I shouldn’t do this because I’m not deaf. It’s not my place. I’ve learned, though, that it is my place even more. It needs to be outsiders who challenge racism, hatred, ignorance, and fear. It’s important that I’m not deaf because all of us need to take responsibility and the people with privilege, especially, need to take responsibility. Deaf art is a folk art, meaning that it is an art of the people. You don’t have to be from that ethnic group to learn about it and enjoy it.” More information about Oppenheimer’s and the Deaf Art Club’s work can be found at www.home.earthlink.net/ ~aslclay Q

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Creeping Incrementalism: The ADA Marks Another Anniversary by John Tschida

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asey Martin may have recently won a legitimate and hard-fought victory to preserve his right to a reasonable accommodation, but he cannot ride his golf cart into the setting sun at Augusta knowing that all is right with the Americans with Disabilities Act (ADA). As we mark the 11th anniversary of the ADA this month, actions by the courts and Congress—and inaction by those non-compliant with the Act—remind us that eternal vigilance might be the price of accessibility as well as liberty.

disabilities from nursing homes into the community; facilitate consumer-directed personal assistance services and supports; and change the way states deliver information to individuals to make it more coordinated and consumer-friendly. The latter initiatives, called “Real Choice Systems Change” grants, will receive the most grant dollars.

The Minnesota Department of Human Services, led by the newly formed Community Quality Initiatives Division, has worked with members of the disability community and Some Good News others to develop grant proFirst, the good news: the Bush posals in all three areas. Administration has acted to Funding decisions will be put some meat on the bones of made by HCFA in October. the Olmstead decision, in which the Supreme Court Each of these efforts is tied to dictated that individuals with the President’s $8.6 billion developmental disabilities be New Freedom Initiative, a provided services in the “least comprehensive effort to betrestrictive setting.” In plain ter integrate technologies, English, this means commu- education, the workplace, and nity-based rather than institu- communities to the benefit of tionalized settings. The Ex- people with disabilities. ecutive Order, signed June 18, applies to anyone with a Federal regulations also took disability and calls for a re- effect June 21 requiring that evaluation of the practices new federal information techand policies of federal agen- nology systems and equipcies. It also mandates that ment be accessible to people federal agencies work with with disabilities in the workstates to fully comply with the place. This will affect comOlmstead decision and the puter software, phones, fax ADA. This is a good first step. machines, and web site design, among others, and will A parallel initiative, spon- aid an estimated 120,000 sored by the Health Care federal employees with disFinancing Administration abilities now on the job. The (HCFA), will deliver $70 change was called for by a million in grant funds to states 1998 law sponsored by Sen. to aid in the community Jim Jeffords, whose new integration effort. Specifi- independent status has dracally, the funds will help matically shifted the balance states design and pilot initia- of power in Washington. tives to: transition people with

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As information technology becomes more advanced, portable, and commonly used, people with disabilities need access. These tools “are becoming more and more essential to our employment, education, and community participation,” said Bonnie O’Day, member of the National Council on Disability. The Council’s new report, The Accessible Future, credits the ADA with improving the situation for the disabled, but notes there is no single piece of legislation governing electronic and information technology in the way the ADA governs the physical environment. Some Bad News While much energy is being expended for the good, a legislative effort to weaken the ADA has resurfaced. Congressman Mark Foley (RFlorida) has again introduced the ADA Notification Act. The proposal would require an individual to provide a business or public entity with a written explanation of alleged ADA violations. A 90-day waiting period would then be instituted before any

Government Improves Technology Access I

nternet users who are blind and use software that reads text aloud often find that government Web pages are inaccessible to them. People in wheelchairs often cannot get close enough to photocopiers in federal buildings to operate them. This lack of accessibility is especially difficult for the hundreds of thousands of Federal employees with disabilities who cannot access information they

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On June 25, 2001, President Bush ordered the implementation of Section 508 of the Rehabilitation Act Amendments, an action designed to help not only people with disabilities inside the government, but the general public as well. Section 508 “requires Federal departments and agencies that develop, procure, maintain, or use electronic and information technology to ensure that Federal employees and members of the public with disabilities have

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lawsuit could be filed against leases. The slotted date for civil rights vs. special privifull compliance is 2012. the alleged violator. leges, with few fence-sitters in this debate. Proponents say the goal is to The Department of Justice eliminate frivolous lawsuits, (DOJ) has reached an agree- The Martin decision is a while disability advocates say ment with United Artists to perfect example of this ideoit would provide no incentive ensure that new stadium-style logical divide. Alan Reich, for compliance with the ADA theaters allow for scattered president of the National until someone cried foul. seating and good sight lines Organization on Disability, Advocates, like the National for disabled patrons. The bad said “the disability commuCouncil for Independent Liv- news? The Justice Depart- nity knows a person’s abilities ing, have also said it makes ment had to intervene in 1996 should be more important people with disabilities the to garner ADA compliance than his or her disability.” primary enforcers of the law, when United Artists was This is the foundation of the a responsibility they shouldn’t building traditional theaters ADA: an implicit nod to the with limited accessible seat- interaction of physical limitahave to shoulder. ing and poor screen angles. tion and environmental barriThe most famous backer of Similar cases have been filed ers. Historically, our biologithe proposal, Clint East- regarding Carnival Cruise cal differences have been wood, was sued last year lines and the city of Steam- used to separate us, whether in because his California Mis- boat Springs, Colorado. The work or at play. The decadesion Ranch was said to be latter was the first DOJ foray long educational focus around inaccessible. While Eastwood into the transportation thicket. the ADA has been to show claimed victory, the court did While decided in favor of the that with some nominal tinkfind ADA violations existed. consumers with disabilities, ering with the environment, As a result, the plaintiff’s the question these examples equal access is readily achievlegal fees must be paid by beg is why does lingering— able, and something we ought Eastwood. The media play and in some cases aggres- to expect. surrounding this and other sive—noncompliance with the issues indicates there is heavy ADA still exist? But on the same subject, lifting yet to be done to ensure Justice Antonin Scalia closed High profile ADA cases like his dissent by skewering the compliance with the ADA. the Garrett loss and the Casey logic of the Court’s majority, In California, the Department Martin win bring proponents and declaring “The year was of Motor Vehicles has identi- and opponents out of the 2001, and everybody was fied 4,523 architectural barri- woodwork. The level of finally equal.” Not yet, Your ers in buildings it owns or discourse becomes one of Honor. Not yet. Q

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access to and use of informa- • Web sites that use graphics tion and data, comparable to for navigation will need to that of the employees and have text that describes members of the public withthose graphics. out disabilities––unless it is an undue burden to do so.” Some technology will be exempt, including old Web People with physical disabili- pages or national security ties, vision and hearing im- devices. pairments, and other disabilities should all see the advan- The regulations, which tages of the implementation planners say will cost the ordered by the President. government as much as $590 Some of the changes which million, have caused some will be brought about by the confusion as the deadline implementation include: nears, demanding a big time commitment from each • Electronic forms will be agency. Larry Allen, executive changed to work director of the Coalition for properly with the Government Procurement, associated software, and said the regulations are too the flashy animations vague. “The contractors are that mean nothing to the scared to death about having screen readers will be to certify that they’re in revised. compliance with a standard that no one can tell you • Information kiosks at exactly what it is.” national parks will be required to have an Further information on the alternate method of Federal Information Techproviding information— nology Accessibility Initiative such as audio prompts— can be found on the web at in addition to a touch http://www.section508.gov screen. Q

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July 10, 2001

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IDEA In 2001: National Conference Assesses Implementation by Sue Abderholden

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or the first time in the history of special education, stakeholders representing varied and sometimes conflicting perspectives met in Washington, DC in June to learn how they could work together to implement the Individuals with Disabilities Education Act (IDEA), the federal law governing special education.

Education. More than 120 organizations, including the National Conference of State Legislators, National Education Association, National Association of School Principals, Federation of Families for Children’s Mental Health, and the Arc, collaborate with these partnerships.

Proceedings and papers from the summit can be found on “Partners Make a Great IDEA: the web at ideainfo.org A National Summit on the Shared Implementation of the Special Education In Individuals with Disabilities Minnesota Education Act” was sponsored by the IDEA Partner- With all this discussion at the ships, a coalition funded by national level on how IDEA is the U.S. Department of Edu- being implemented, it may be cation. useful to look at special education in Minnesota. MinOver 650 people attended the nesota was selected by the summit, including families, federal Office of Special teachers, related service per- Education Programs as one of sonnel, advocates, legislators, 16 states to undergo a selfschool board members, prin- assessment process to see cipals, state directors of how well it is implementing special education, and others IDEA ’97. The key findings involved in implementing to date are: IDEA. The summit focused on five major topics related to •Transition: In 1995 MinIDEA implementation: school nesota was found to be climate and discipline; the deficient in transition inclusion of children with planning in high school. A disabilities in standards-based long-range plan is in place to reform; family involvement in correct these problems. special education; dispropor- However, many families tionate representation of di- mention the need to improve verse children; and special transition, especially in terms of interagency planning and education personnel. student-led Individualized Experts, researchers, and lo- Education Program (IEP) cal teams presented on these team meetings. The state topics and on emerging is- recognizes the need to sues. Some of the keynote improve service coordinspeakers included Margaret ation in all areas of transition McLaughlin of the National including early childhood. Center for Students with Disabilities in Education Re- •Inclusion: Fewer than 8% of form, Alfredo Artiles of Minnesota students with Vanderbilt University, Rob- disabilities are served in ert Yinger of the Holmes segregated classrooms, Partnership, Michigan parent which is far lower than the Al Blixt, and George Sugai of national average. the National Center for Positive Behavioral Supports. The •Graduation Rates: Students summit also engaged 80 in Minnesota who have an delegates, representing each IEP are more likely to of the four partnerships, to graduate with regular discuss the challenges facing diplomas (38.2%) than the IDEA implementation and to national average, which is create a list of possible 24.5%. collaborative activities to move implementation for- •Testing: Minnesota exempts fewer than 3% of special ward. education students from state The coalition has four key testing, which is far fewer partners: IDEA Local Imple- exemptions than other states. mentation by Local Administrators Partnership (ILIAD) •Personnel: More qualified and Associations of Service personnel are needed. Close Providers Implementing to 12% of special education IDEA Reforms in Education teachers were not fully Partnership (ASPIIRE) based licensed during the ‘99-’00 at the Council for Exceptional school year and a little over Children; Families and Advo- 20% of EBD teachers were cates Partnership for Educa- not fully licensed. tion (FAPE) based at PACER Center; and The Policymaking •Disproportionality: A disPartnership (PMP) based at proportionate number of the National Association of children from racially and State Directors of Special linguistically diverse back-

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grounds are identified as public education to all children with disabilities, including needing special education. those suspended or otherwise Minnesota families and excluded from school. advocates are also looking at additional issues. These in- In statements made from the clude improving the role of floor, it was clear members of parents as equal partners in Congress do not fully underthe IEP process, and ensuring stand the provisions in IDEA that parents are members on and do not understand that committees where education students who are dangerous policy is made (such as can be moved to alternative special education advisory settings. committees and site-based committees.) There are also The Amendment passed by concerns about the lack of a the Senate, which was offered coordinated system of mental by Senator Sessions (R-AL), health services for children has the effect of denying a free and young adults with good appropriate public education interagency collaboration to any student with a disability occurring to achieve positive by subjecting them to the outcomes for students. To same disciplinary standards address safe schools and as all other students, including discipline there is a need to the loss of educational services use the research in the during the period of any schools, such as that done by suspension or other exclusion George Sugai, on the use of if he/she is unable to positive behavior supports demonstrate the relationship instead of punishment-based between their disability and and exclusionary strategies. the behavior for which they School personnel need training are being sanctioned. on functional behavior Additionally, the amendment assessments so effective allows a child to be transferred behavior interventions can be developed for students.

to a private school that is designed to serve children with disabilities (provided the local school district and parent agree) with school districts paying the average per-pupil expenditure to the private school. Once a child is transferred, the school district no longer has any responsibility for the education of that child. The private school can also bill the parents for any costs not covered by the school district.

While we need to continue to improve special education in Minnesota, many families, students with disabilities, and school staff are presently able to work together for quality special education services. There are many students with disabilities who have a bright future ahead of them.

agement benefits are designed to aid in getting more non-elderly people with disabilities out of nursing homes and into the community. Approximately 2,600 disabled Minnesotans under age 65 reside in skilled nursing facilities (SNFs) today. The benefits, for those currently in SNFs and those eligible for home care, were initiated by the Department of Human Services and contained in the governor’s proposed budget.

Following a contentious exchange on the floor of the Senate, the amendment lost on a tie vote. Later the same day a vote was taken to reconsider the amendment. This motion passed by a vote of 51 to 47 and then the full amendment passed on a voice vote. Both Minnesota Senators voted against the amendment. The House Amendment offered by Representative Norwood (R-GA), would apply to students who carry or possess a weapon, knowingly

possess or use illegal drugs or sell a controlled substance, or commit an aggravated assault or battery. It provides that a student with a disability suspended or expelled for any of the above violations “shall not be entitled to continue educational services, including a free appropriate public education, if the state does not require a child without a disability to receive educational services after being expelled or suspended” whether or not the behavior is a manifestation of the child’s disability. The House version allows that a school district may choose to continue to provide schooling and mental health services. Minnesota representatives voting for it include: Kennedy, Ramstad, and Gutknecht. And voting against it include: Sabo, Oberstar, McCollum, Peterson, and Luther.This bill will be going to conference committee and opponents to these amendments hope to have influence there. Q

BUDGET - Cont. from p. 1

If you are looking for more information about special education, visit the following websites: www.pacer.org; www.fape.org; http://cfl. state.mn.us/speced; http:// www.ed.gov/offices/OSERS/ OSEP/index.html Discipline Provision Passes Congress Congress has finally finished its work on the Elementary and Secondary Education Act (ESEA). While this act generally deals with regular education, such as Title I, gifted and talented programs and student testing, amendments were adopted that affect children with disabilities. Both the U. S. House and Senate, despite opposition from parents, advocates, professionals and state directors of special education, adopted amendments that eliminate one of the original core principles of the Individuals with Disabilities Education Act (IDEA) - the “zero reject” principle – reflected in the duty to provide a free appropriate

Medical Assistance. Those earning above this level can retain 70 percent of their income this year and 75 percent next year.

Prescription drug program: Attempts to accelerate the inclusion of people with disabilities under age 65 who are enrolled in Medicare were unsuccessful. However, more Minnesotans will qualify for the discount prescription program, since the income limit was raised from 100 to 120 percent of FPG. The start date Mental health: Significant of July 1, 2002, remains changes to the state’s mental health statutes, including civil unchanged. commitment procedures, the Nursing Home discharge: establishment of mental health Two new targeted case man- crisis services, and much

needed rate increases for community and other providers also were enacted. A new benefit under the state’s Medical Assistance program, adult rehabilitative mental health services, was also established. TBI waiver expansion: The Tramatic Brain Injury (TBI) waiver will be expanded to include services for persons with cognitive dysfunction such as Multiple Sclerosis or Alzheimer’s Disease. The change will ensure that individuals will receive therapies and services for cognitive impairments that were not previously available to them.

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July 10, 2001

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Directory of Organizations for Persons with Disabilities Editor’s Note: This month in the directory we are trying a couple of new things. Many readers have asked for E-mail addresses of various groups and individuals, so we are including them, as available. Also for the first time, we have arranged the groups in the directory by category, similar to what one might find in the “Yellow Pages.” We thought this would help readers to more easily track down resources to help with particular needs. If you would prefer your organization be in a different category, please let us know your wishes. As always, let us know if there are any errors in your listing and tell us what you think of the new format.

ADVOCACY ORGANIZATIONS ACT-UP MN, Robert Halfhill, 612-870-8026 Access for All, Mike Chevrette, 651-481-4062 Advocating Change Together, Kathy Sanders, 651-641-0297 ARC - Anoka/Ramsey Co.s, Marianne Reich, 763-783-4958 ARC - Hennepin/Carver County, 952-920-0855, archennepincarver.org ARC - MN, Bob Brick, 651-523-0823, 1-800-582-5256, mail@arcminnesota.com ARC - Suburban, Marianne Reich, 952-890-3057 ARRM, Bruce Nelson, 651-291-1086 Justice for All-202-488-7684, Justin and Yoshiko Dart MN Consortium for Citizens With Disabilities, Tom Brick, 651-296-3478 MN Developmental Achievement Ctr Assoc, 651-647-9200 North Suburban Consumer Advocates for the Handicapped (NSCAH), Jesse Ellingworth, 763-783-4708, 763-783-4724 TTY Ombudsman for Mental Health & Mental Retardation, 651296-3848, 1-800-657-3506, www.ombudmhmr.state.mn.us. BRAIN INJURY SERVICES A Chance to Grow, Bob DeBour, 612-521-2266, newvisions @mail.actg.org Brain Injury Assoc. of MN, Stephanie Weiss Lake, 612-3782742, 800-669-6442, info@braininjurymn.org Traumatic Brain Injury-TBI Metro Services, 612-869-3995 COMMUNITY-LIVING SERVICES Community Bridge Consortium, Pat Svendsen, 651-748-7437 V/TTY, psvendse@isd622.k12.mn.us Community Involvement Programs, 612-362-4400 Help Yourself, Sara Meyer, 651-646-3662 Henn. Co. Lib. Homebound Serv., Becky Mobarry, 952-8478850 Kaposia, Inc., Cindy Amadick, 651-224-6974, camadick @kaposia.com Metro Ctr. for Independent Living, 651-646-8342 V, 651603-2001 TTY SE MN Ctr for Independent Living (SEMCIL), 507-2851815, 507-285-0616 TTY SILC-Statewide Independent Living Council, Bill Bauer, 651296-5085 V, 651-297-2705 TTY So. MN Independent Living Enterprises & Serv. (SMILES), Alan Augustin, 507-345-7139 West Henn. Commu. Services, Mary Perkins, 952-988-4177 EDUCATION ORGANIZATIONS Adult Basic Ed/Special Needs, Betty Sims, 651-290-4729 Adaptive Recreation & Learning Exchange, Kristen Abel, 612-861-9361 V/TTY, kabel@ci.richfield.mn.us Center for Learning & Adaptive Student Serv. (CLASS), Robert Doljanac, 612-330-1648, class@augsburg.edu Fraser Community Services, Diane Cross, 612-861-1688, diane@fraser.org Learning Disabilities Program (Family Services of St. Paul), Jan Parkman, 651-767-8321 Learning Exchange, Lynn Dennis, 952-885-8531, TTY 952885-8590 MELD (MN Early Learning Design), 612-332-7563 V/TTY, info@meld.org Mpls. Community and Technical College, Office for Students w/ Disabilities, Melissa Newman, 612-341-7000 V/TTY MN Higher Education Services Office, Sarah Beth Mueller, 651-642-0533 PACER Center, Inc., Pat Bill, 952-838-9000 V/TTY, tbill@pacer.org Parent Support Network (EBD/ADD/ADHD/LD), 763-7834949 POHI District Consultants-Mpls. Public Schools, Jim Thomas- Anwatin Coord., 612-668-2450 Project Compass, Adult Disability Program - Winona Comm. Educ., Helen Newell, 507-454-9450 Voice/TTY, hnewell@isd861.luminet.net Reuben Lindh Learning Center, 612-721-5111

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GOVERNMENT SERVICES Dakota Co. Social Services, 952-891-7400, www.co.dakota .mn.us Division for Persons w/ Developmental Disabilities, 651-2822086 Mpls. Advisory Commitee for People with Disabilities, Margot Imdieke Cross 651-296-6785, elizabeth.held@ci.min neapolis .mn.us MN Children with Special Health Needs, 651-215-8956, 1-800-728-5420 V/TTY MN Dept. of Human Services, Traumatic Brain Injury Program, 651-582-1938 MN Gov. Council On Dev. Disabilities, Deborah Tompkins, 651-296-4018 V, 651-296-9962 TTY MN State Council on Disability, 651-296-6785 MN State Services for the Blind, 651-642-0500, 800-652-9000 St. Paul Advisory Commitee for People w/Disabilities, Roger Schwagmeyer, 651-266-8891 HEALTH ORGANIZATIONS Children’s United Hospital, 651-220-8000 Gillette Children’s Hospital, Lynn Carpentier, 651-229-3845 Health Psychology Clinic, U of M, 612-624-9646 Methodist Hosp. Ctr. for Senior Services, 952-993-5041 Methodist Hosp. Stroke Supp. Grp., 952-993-6789 Methodist Hosp. Parkinson Center, 952-993-5495 Shriner’s Hospitals for Children, Karen Boyer 612-596-6105 Sister Kenny Institute, Deb Rasmussen, 612-863-4622 HEARING IMPAIRMENT SERVICES Deaf Blind Services MN, Jean Greener, 612-362-8454 V/ TTY, info@dbfm.org Deaf & Hard of Hearing Services Metro, Marie Koehler, 651297-1313 TTY,651-297-1316 MN Assoc. of Deaf Citizens, Inc., Douglas Bahl, 763-7575998 TTY MN Commission Serving Deaf & Hard of Hearing People, 651-297-7305 TTY MN Relay Service, 1-800-627-3529, sprint.trscustserv@mail. sprint.com Self Help for Hard of Hearing (SHHH), Leslie Cotter, 651772-4931 V/TTY Sight & Hearing Association, 651-645-2546 LEGAL SERVICES Legal Advocacy for Persons with Dev. Disabilities, 612-3321441, mnlegalservices.org Legal Aid Society of Mpls, Laurie Moser, 612-332-1441 MN Disability Law Ctr., 612-332-1441 MENTAL HEALTH SERVICES Alliance for Mentally Ill - Wash. Co., Bob Rafferty, 651-4393800 Alliance for Mentally Ill of MN, 651-645-2948 Centre for Mental Health Solutions, Tamera, 952-922-6916, www.tcfmhs.org Henn. Co. Mental Health Ctr., Joel Pribnow, 612-348-4947 Mental Health Association, 612-331-6840, 1-800-862-1799; www.MentalHealthMN.org Mental Health Consumer/Survivor Network, 651-637-2800, 1-800-383-2007; csnmt@uslink.net Mental Health Law Project, Pat Siebert, 612-332-1441 MN Assoc. for Child. Mental Health, 651-644-7333, 1-800528-4511, dsaxhaug@macmh.org MN Depressive & Manic Depressive Assoc., 612-379-7933 Pilot City Mental Health Center, Sy Gross, 612-348-4622 RECREATIONAL SERVICES Achilles Track Club-Uptown, Kay Christianson, 612-8227872 Boy Scouting for People w/ Spec. Needs, Jan Bovee, 651-2241891 Camp for Child. & Teens w/ Epilepsy, Deborah McNally, 651646-8675, 1-800-779-0777

RECREATIONAL SERVICES continued Camp Winnebago, Kathy Geely, 507-724-2351, campwinn @means.net Capable Partners, Jonathan Leslie, 763-542-8156 Ski for Light, 612-827-3232 US Electric Wheelchair Hockey Association, Craig McClellan, 763-535-4736 Wilderness Inquiry, Corey Schlosser-Hall, 612-379-3858, 800-728-0719 V/TTY, www.wildernessinquiry.org REHABILITATION CENTERS Courage Center, John Tschida, 763-520-0520, 612-520-0245 TTY, johnt@courage.org Functional Industries, Don Tribyl, 763-682-4336 Lifetrack Resouces, 651-227-8471, TTY 651-227-8471 Metro Work Center, Inc., 612-729-7381, mwc@onvoy mail.com Midwest Special Services, Lyth Hartz, 651-778-1000 Opportunity Partners, 952-938-5511, 952-930-4293 TTY Owobopte, Inc., 651-686-0405 Rehab Services Branch, 651-296-5616 or 800-328-9095, 651296-3900 TTY Rehabilitation Centers, MRCI - Burnsville, 952-894-4680 MRCI - Carver/Scott 952-445-6811 MRCI - Chaska, 952-448-2234 MRCI - Fairmont, 507-238-4388 MRCI - Industrial Operations, 507-386-5600, mrci@mnic.net MRCI - Lakeville, 952-898-5025 MRCI - New Ulm, 507-233-2700 RESIDENTIAL SERVICES Accessible Space, Inc., Stephen Vanderschaaf, 651-645-7271, www.accessiblespace.org Altern. for People with Autism, Inc, Mike Amon, 763-5605330, afpwa@mr.net Anoka Metro Reg. Treatment Ctr., Judith Krohn, 763-7124000 Homeward Bound, Inc., 763-566-7860 Nat’l Handicap Housing Inst., Inc., Mike Bjerkesett, 651-6399799, nhhi74@aol.com The Phoenix Residence, Darlene M. Scott, 651-227-7655 RESOURCE CENTERS ALS Assoc. (Lou Gehrig’s Disease), 612-672-0484 Alzheimer’s Association, John Kemp, 952-830-0512 Am. Behcet’s Disease Assoc., 1-800-723-4238 American Cancer Soc.- MN Div., 612-925-2772, 1-800-2272345 Am. Cancer Soc. (Ramsey Co.), 651-644-1224 Amer. Diabetes Assoc., Lee Johnson, 763-593-5333 Amer. Heart Assoc., Betty Young, 952-835-3300, wwwam ericanheart.org American Lung Assoc., 651-227-8014, 1-800-642-5864 (in MN), info@alamn.org Arthritis Foundation, Deb Dressely, 651-644-4108 Catholic Charities, Program for People with Disabilities, John Schatzlein, 651-222-3001 Chemical Injury Resource Assn., 651-647-0944 Chronic Fatigue Syndrome Association of Minnesota, 651644-4975 Cystic Fibrosis Foundation, Molly Boyum, 651-631-3290, minn@cff.org Down Syndrome Assn. Of MN, 651-603-0720, dsam@mm.com Disability Institute, Wendy Brower, 952-935-9343 Duluth Consumer & Family Regional Resource Center, 218728-3531 East Suburban Resources, Sue Schmidt, 651-351-0190 or MRS 800-627-3529 ELCA Committee on Disabilities, Linda Larson, 612-7888064 Epilepsy Found., John Thompson, 651-646-8675, 800-7790777, infoefmn@mr.net Directory - cont. on p. 13

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July 10, 2001

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DIRECTORY- Cont. from p. 10 RESOURCE CENTERS continued Hemophilia Foundation of MN, 763-323-7406 Independence Crossroads, Rob Olson, 612-854-8004, info@independencecrossroads.org Indian Family Service, Maggie Spears, 612-348-5788 League of Women Voters, 651-224-5445, office@lwvmn.org Leukemia Society of America, MN Chapter, 952-545-3309 Lupus Foundation of America, MN Chapter, 612-375-1131, mnlupus@aol.com Lyme Disease Network of MN, Linn Olivier, 651-644-7239 Lyme Disease Coalition, Linn Olivier, 651-644-7239, lymenet_mn@yahoo.com MN AIDS Proj., Lorraine Teel, 612-870-7773, 612-870-0700 MN Resource Center, Kim Feller, 612-752-8102 Muscular Dystrophy Assoc., Christina Van Vooren, 952-8325517 (Mpls. district), 952-832-5716 (St. Paul district) National Ataxia Foundation, Donna Gruetzmacher, 763-5530020, naf@ataxia.org Nat’l Center for Youth w/ Disabilities, Elizabeth Latts, 612626-2820 Nat’l. Multiple Sclerosis Society, MN Chapter, Jill Retzer,612335-7900, 1-800-582-5296 V/TTY, jretzer@mssociety.com People, Inc. Epilepsy Services, Anne Barnwell, 612-3389035, www.orgsites.com/mn/epilepsy Spina Bifida Association of MN, Lisa Schaffee, 651-222-6395 Twin Cities Autism Society, 651-647-1083 United Cerebral Palsy of MN, JoAnn Erbes, 651-646-7588, 1800-328-4827, ext.1437, ucpmn@isd.net

SOCIAL SERVICES Capella Management Group, Gerald Glomb, 651-641-0041 NW Henn Human Services Council, 763-493-2802 V/TTY

VISION IMPAIRMENT SERVICES continued United Blind of MN, Inc., 763-391-3699 Candle in the Window, Kathy Szinnyey, 1-502-895-0866 Vision Loss Resources, 612-871-2222 Volunteer Braille Services & Large Print, 763-971-5231

SUPPORT Emotions Anonymous, 651-647-9712, eaisc@mtn.org Gay and Lesbian Helpline, 612-822-8661 V/TTY VISUAL/PERFORMING ARTS Spinal Cord Injuries Help Line, Roger Hoffman, 651-464-7559 Interact Center for the Visual and Performing Arts, 612-3395145 V, 612-339-6465 TTY, interactcenter@aol.com TECHNOLOGY VSA MN, 612-332-3888 V/TTY, info.mn@vsarts.org Closing the Gap, MaryAnn Harty, 1-507-248-3294, info@closingthegap.com VOCATIONAL SERVICES AccessAbility, Inc., Darren Mack, 612-331-5958, TRANSPORTATION dmack@accessibility.org Metro Mobility, 651-602-1111, 651-221-0014 TTY Access to Employment, Lori Sterner, 763-543-6980V/TTY Goodwill Indus./Easter Seal, Lynette Bergstrom, 651-646U of M AFFILIATED PROGRAMS 2591 V, goodwilleasterseals.org Institute on Community Integration, Vicki Gaylord, Lifeworks Services, Susan Sczcukowski, 651-365-3732, publications@icimail.coled.umn.edu, 612-624-4512 sks@lifeworks.org UofM Disability Services, 612-626-1333 V/TTY, Midway Training Services, Barbara Kale, 651-641-0709 webmaster@disserv.stu.umn.edu Rise, Inc., 763-786-8334, bdepoint@rise.org UofM Disabled Stud Cultural Ctr, 612-624-2602, 612-626- TSE, Inc., Phil Saari, 651-489-2595 7003 TTY Vinland Center, Carol Jackson, 763-479-3555 V/TTY, vinland @vinlandcenter.org VISION IMPAIRMENT SERVICES Wings, Debbie Atterberry, 612-752-8844, djatterberry Am. Council of Blind Services, James Olsen, 612-332-3242 @juno.com BLIND, Inc., Joyce Scanlan, 612-872-0100 Commu. Ctr for the Blind, Dave Andrews, 651-642-0513 Deaf Blind Services MN, Jean Greener, 612-362-8454 V/ SERVICE DOGS TTY, info@dbfm.org Hearing and Service Dogs of MN, Alan Peters, 612-729-5986 Radio Talking Book, 651-642-0500 V, 612-729-5914 TTY, hsdm@bitstream.net Sight & Hearing Association, 651-645-2546 Helping Paws Of MN, 952-988-9359, helpingpaws@ens.net

If your organization would like to be included in the Directory of Organizations, contact ACCESS PRESS at Suite 185N, 1821 University Ave.W. St. Paul, MN 55104 • 651-644-2133 • access@mninter.net

Youth Works•AmeriCorps is currently recruiting for full and part-time positions beginning in September. Youth Works•AmeriCorps, the domestic Peace Corps, is a national service program in which members commit to a year of service in areas of critical community need. Members tutor kids, build affordable homes, preserve natural resources or assist recent immigrants, the elderly, or those who are homeless. Youth Works•AmeriCorps is real-life education. Members gain experience for future careers and develop leadership, teamwork and communication skills. They receive a monthly stipend, and upon completion of service receive an education award to help pay for college or vocational training, or to pay off student loans. Whatever your interest, Youth Works•AmeriCorps needs your skills and dedication. For information about becoming a member, contact Michelle Trebtoske at (651) 582-8214, TTY: 651-582-8201 or michelle.trebtoske@state.mn.us.

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July 10, 2001

Repetitive Motion Disorders: The Unseen Disability Part II: Political and financial concerns fuel repeal of ergonomics regulations by Amy Farrar In last month’s Part 1, Amy talked about the extent and seriousness of Repetitive Motion Disorders. This month she talks about efforts at the state and federal level to reduce the damage caused by RMDs.

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ay the word “ergonomics” and you will get completely different reactions from businesspeople, health care specialists, union representatives, and people with repetitive motion disorders (RMDs). There is no doubt that people with RMDs have a real disability. However, the recent legislative repeal of ergonomics regulations established by the Occupational Safety and Health Administration (OSHA) is ample evidence that opinions on how RMDs in the workplace should be dealt with are as opposite as they come. President Bush signed a bill in March that, according to the March 22 edition of the Facts on File News Service, “effectively annulled a wide-ranging workplace safety initiative imposed by former President Bill Clinton in the final days of his presidency.” The bill, JSRES6, was a joint Senate resolution to repeal OSHA regulations (S21-93, under public law 91-596) that would have required employers to provide ergonomic workspaces and equipment to

workers who were injured for employers to follow. from RMDs. Secretary Chao is slated to decide by September whether RMDs—also called cumula- her department will develop tive trauma disorders, muscu- new ergonomics regulations. loskeletal disorders (a wider In the meantime, thousands classification of injuries, in- of American workers, if not cluding those that result from more are being injured every repetition), repetitive stress day. disorders, and repetitive strain—affect people differ- According to Facts on File, ently and present with a wide when President Bush signed variety of symptoms, depend- JSRES6, he called the regulaing on a multitude of factors. tions, “unduly burdensome These factors make it ex- and overly broad.” He said the tremely difficult to assign one rules would provide “uncercure or cause for RMDs. U.S. tain benefits” and “would Bureau of Labor Statistics have cost both large and small (BLS) say that in 1999 (the employers billions of dollars year for which the bureau has and presented employers with the most recent statistics), overwhelming compliance 246,700 people in the United challenges.” States had disorders associated with repeated traumas, or Another argument for repeal66 percent of the total number ing the regulations is that of injuries recorded for that employers have no way of year. These numbers don’t knowing whether an RMD account for unreported cases. occurred on or off the job. This argument is bolstered by Since the repeal of the the conclusion by the U.S. regulations, union workers, Bureau of Labor Statistics legislators who supported the that hundreds of thousands of regulations, and others have people with RMDs, if not been asking Labor Secretary more, never report their Elaine Chao when replace- injuries for fear of losing their ment rules will be put in place jobs. Other opponents of the regulations say that many employers are already taking steps to protect their workers, but union representatives say not all employers can be trusted.

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Michael Kuchta, editor of The Union Advocate, said these types of arguments “are red herring arguments the business community throws out there…it’s the same type of argument they threw out with the Family and Medical Leave Act.” Kuchta said he believes there is a lot of sound evidence for how the OSHA standards were developed, and that they went through the same procedure all federal regulations go through, including a decade of comment periods, revisions, and hearings.

Although OSHA’s regulations have been repealed, OSHA can still cite companies under its General Duty Clause (Section 5A1). But Kuchta is one of many who don’t believe there will be any replacement rules. “Maybe some guidelines [will be put in place], but no kind of regulations that will be enforceable by law. The marketplace (individual businesses) will dictate what a safe workplace is,” he said. “How do you evaluate what the cost of this would be?” he said, adding that the wide divide in opinion on the issue between In the March 8, 2001 issue of the business and scientific the Congress Daily, reporter communities makes it even April Fulton quoted Rep. more difficult to figure out. Anne Northrup, R-Ky, as saying, “Opponents of the Action On The State Level ergonomics regulation—who said it was too broad, would Now, states are in the position put employers out of business to develop their own stanand override current volun- dards for ergonomics. Actary ergonomics efforts— cording to Stephanie Barnes, praised the vote. If the Clinton founder of ARMS (Associarule were allowed to stand, it tion for Repetitive Motion would “drive our best jobs Syndromes), “Some states

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overseas.” Northrup and Rep. Henry Bonilla, R-Texas, cosponsored the measure to overturn the regulations.

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want to completely do away with the concept that it [the problem of RMDs] is workrelated!” Barnes said it seems as if the more recognition RMDs get as a disability, the more resistance she’s seeing by the business community, in which many companies fear the potential cost of providing infrastructure improvements to protect workers. Advocates argue, however, that the enormous cost of treating employees with RMDs overshadows any potential infrastructure costs. In Minnesota, according to James Honerman, a department spokesman for Minnesota OSHA, “We’ll continue to do the things we’ve been doing in Minnesota. If we see a trend of high rates of illness and injury, we will work within that industry to lower rates of illness and injury. The enforcement will be there.” Honerman said Minnesota OSHA has done specific things to address ergonomics issues in the workplace. One example he cited was what his office did to counteract the high number of RMDs in the meatpacking and nursing industries in the 1980s and late 1990s. Honerman said onsite walk-throughs were conducted, followed by employee surveys and educational classes for both employees and employers. He said employees were trained on safety and health hazards and safety programs were put in place. “Minnesota OSHA is looking at what other states have adopted for their own ergonomic standards,” he said. He said Minnesota doesn’t currently have any ergonomic

standards, but Minnesota OSHA does cite for injuries and illness under the General Duty clause, and he believes the state can do better than the federal regulations that would have been in place. Honerman said ergonomic standards would have more specifically stated what employers would need to do to address workplace hazards. California and Washington are the only states with ergonomic standards right now. According to OSHA, the benefits of the regulations, had they taken effect, would have included the prevention of 3 million MSDs (musculo skeletal disorders) over ten years, an average of 300,000 per year; the protection of 27.3 million workers at 1.9 million work sites; $22,500 in direct cost savings for each MSD prevented; and $9 billion average savings each year (currently MSDs cost $15 to $20 billion in workers’ compensation costs with total costs as high as $45 to $60 billion each year). According to OSHA statistics, the cost of fixing a workstation averages $150 per year, and employers would have had to pay $4.2 billion, including $875 million now lost by workers whose income and benefits are not fully covered by workers’ compensation. For additional information on RMDs, the following Web sites may be of use: www.osha .gov (Occupational Safety and Health Administration); www.aflcio.org (American Federation of Labor and Congress of Industrial Organizations; www.bls.gov (U.S. Bureau of Labor Statistics); and www.nas.edu (National Academy of Sciences). Q

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GARRETT- Cont. from p. 1 seeking to enforce rights or obtain remedies afforded by the following federal laws and their implementing regulations...” [The following statutes are then listed: Fair Labor Standards Act, Title VII of the Civil Rights Act, Age Discrimination in Employment Act, Family and Medical Leave Act, and the Americans with Disabilities Act.] “(b) In any action brought pursuant to the federal laws described in Subdivision (a), no immunity from suit may be asserted by any public agency pursuant to the 11th Amendment of the United States Constitution, and any immunity is hereby waived. “(c) For purposes of this section, ‘public agency’ means the state, its agents, officers, and employees, and its political subdivisions including, but not limited to, charter cities and instrumentalities.” This bill was clearly intended to include any immunity claimed by cities or counties and therefore goes beyond the state waiver of immunity set forth in the Rhode Island statute. This bill also did not pass. However, some form of it may pass at another time with continued work by coalitions of advocates.

Missouri

Minnesota

Missouri’s approach to legislation was both more conservative and more novel. Missouri introduced “emergency” legislation which, if passed, would have become effective retroactively. “This section shall apply to all actions pending or initiated on or after February 21, 2001.” Missouri’s legislation only targeted the Americans with Disabilities Act. The bill did not waive Missouri’s immunity from lawsuits under the ADA against the state filed in federal court. Instead, Missouri’s legislation, if passed, would have meant that Missouri expressly consented to be sued in State Court but under the provisions set forth in the federal ADA legislation. This might have had the effect of implicitly incorporating the ADA into the state civil rights statutes. Depending upon how limited Missouri’s state statute regarding disability discrimination is, this might have been a big victory for disability advocates. The damages were fairly conservative however, capping monetary damages at whatever caps exist in the state’s current law and prohibiting punitive damages. It will be interesting to watch Missouri in the next few years to see whether this strategy is tried again.

Minnesota’s legislation was crafted mostly by legislators and followed, in many ways, California’s bill. However, it focused solely on remedying erosions to the ADA caused by the Supreme Court. Therefore, it focused solely on returning to state employees the right to sue the state in federal courts. It is unfortunate, in the view of disability advocates, that the legislation was not broadened to include consent to be sued under Title II of the Americans with Disabilities Act as well, since our Appellate Circuit has limited the right to such suits already. But, had the legislation been broader, it might not have passed at all. Amazingly, there was little discussion about this legislation in committees or on the floor of either house. Advocates and coalitions did not lobby for the bill. In fact, they were told that the low-key approach was a better one for getting this bill passed. It worked. The bill passed and was signed into law. The bill waives immunity by Minnesota from federal lawsuits by state employees under the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, and the employment provisions of the Americans with Disabilities Act.

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What Will This Law Accomplish? At this point, we await the filing of federal lawsuits under these statutes against the state by a state employee. It will be interesting to see if Minnesota’s state courts, or the federal courts, uphold this statute or limit its provisions in any way. Also, of course, while the current Attorney General of Minnesota supported this waiver of immunity legislation—as did the Governor and the legislature—future lawmakers may seek to repeal this law. Advocates will probably be considering the wisdom of leaving the current law alone or trying to expand it to include coverage for persons who wish to sue the state because they have been denied public services by state agencies. An example of the kind of coverage Minnesota currently lacks in federal court is that students who are discriminated against by a state college or university may not sue the state in federal court for money damages. Such students could still file charges with the Human Rights Department or file lawsuits in state court under the Minnesota Human Rights Act. Also, plaintiffs can still sue in federal court for injunctive relief such as change of policies. Advocates will need to monitor lawsuits and future legislation on this issue as well as monitoring the status of this current law. Q Kathleen R. Hagen is a staff attorney with the Minnesota Disability Law Center

July 10, 2001

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The language of the entire bill that waives the State of Minnesota’s Garrett ruling immunity, contained in the current Session Laws as Chapter 159, is as follows: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. [1.05] [WAIVER OF IMMUNITY FOR VIOLATIONS OF CERTAIN FEDERAL STATUTES.] Subdivision 1. [AGE DISCRIMINATION IN EMPLOYMENT ACT.] An employee, former employee, or prospective employee of the state who is aggrieved by the state’s violation of the Age Discrimination in Employment Act of 1967, United States Code, title 29, section 621, et seq., as amended, may bring a civil action against the state in any court of competent jurisdiction for such legal or equitable relief as will effectuate the purposes of the act. Subd. 2. [FAIR LABOR STANDARDS ACT.] An employee of the state who is aggrieved by the state’s violation of the Fair Labor Standards Act of 1938, United States Code, title 29, section 201, et seq., as amended, may bring a civil action against the state in any court of competent jurisdiction for such legal or equitable relief as will effectuate the purposes of the act. Subd. 3. [FAMILY AND MEDICAL LEAVE ACT.] An employee, former employee, or prospective employee of the state who is aggrieved by the state’s violation of the Family and Medical Leave Act, United States Code, title 29, sections 2601 to 2654, as amended, may bring a civil action against the state in any court of competent jurisdiction for such legal or equitable relief as will effectuate the purposes of the act. Subd. 4. [AMERICANS WITH DISABILITIES ACT.] An employee, former employee, or prospective employee of the state who is aggrieved by the state’s violation of the Americans with Disabilities Act of 1990, United States Code, title 42, section 12101, as amended, may bring a civil action against the state in any court of competent jurisdiction for such legal or equitable relief as will effectuate the purposes of the act. Q

Readers who want to keep up with the ongoing efforts to stop the appointment of Appellate and Supreme Court justices who would further erode civil rights statutes can search for the latest information on www.ncil.org and www.bazelon.org.

METROPOLITAN COUNCIL NOTICE OF PUBLIC HEARING ON ADOPTION OF HOUSING AGENCY PLAN

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ommon sense can go far • DON’T buy from sites that include undocumented case to protect you when histories claiming amazing shopping at pharmaceutical medical results. Web sites. As the number of online pharmaceutical sites grows, more and more of • DON’T buy from sites without posted customer them bypass the traditional service policies. procedures and safeguards for prescribing medication. • DO take only medications that have been prescribed by Some sites sell products that your doctor or other are not approved by the Food authorized health care and Drug Administration. Or, if they carry approved drugs, provider. they may avoid procedures that were set up to protect • DO buy only from sites that require prescriptions from a consumers. physician or other authorized The following tips are from health care provider and that the FDA: verify each prescription before dispensing medi• DON’T buy from sites that cation. offer to prescribe a medication for the first time • DO use sites that provide without a physical exam by convenient access to a your doctor or that sell licensed pharmacist who prescription medicine withcan answer your questions. out a prescription.

• DO check with your state board of pharmacy or with the National Association of Boards of Pharmacy (NABP) at www.nabp.net . Some sites display the NABP VIPPS (Verified Internet Pharmacy Practice Sites) seal, an assurance that such sites meet all applicable state and federal regulations. • DO buy only from USbased sites. • DO report problems. If you suspect a site is not a licensed pharmacy, do not buy from it. Report the site and any complaints to the FDA at www.fda.gov/oc/ buyonline/buyonlineform. htm For more information, go to www.fda.gov or call 1-888-INFOFDA. Q Information in this article provided by the FDA.

The Metropolitan Council’s Livable Communities Committee will conduct a public hearing to discuss the Public Housing Agency Plan and receive public comment. The Public Housing Agency Plan is required by the U. S. Department of Housing and Urban Development (HUD). The Plan includes basic housing agency policies, rules and requirements, concerning its operations, programs and services. The Plan is intended to be a convenient source of information for public housing residents, participants in the tenant-based assistance programs and other members of the public. The Plan includes one-year program goals such as maximizing utilization of Section 8 program funding. The five-year plan includes long-term goals of the agency such as new program development and implementation. To the extent practicable, the PHA plans will eventually consolidate all PHA information that is required to be submitted under existing HUD planning and reporting requirements into one document. The public hearing will be held: 3:30 p.m., Monday, August 20, 2001 Metropolitan Council, Rm IA, Mears Park Centre Bldg, 230 E 5th St., St.Paul, MN 55101 The Housing Agency Plan is available for public review at the HRA administrative offices located at 230 East Fifth Street in St. Paul, and on the Metropolitan Council’s website at www.metrocouncil.org. All interested persons are encouraged to attend. the hearing and offer comments. People may register in advance to speak by calling Mary Ahern at 651-602-1605 or TTY at 651-291-0904. Upon request, the Council will provide a reasonable accommodation to persons with disabilities. In addition to speaking at the hearing, comments may be made in the following ways: Written, faxed, e-mail and voice mail comments to: Mary Ahern, Metro HRA, 230 East Fifth St., St. Paul, MN 55101 Telephone: 651-602-1605 • Fax: 651-602-1313 • Email: mary.ahern@metc.state.mn.us Comments must be received by Friday, August 17, 2001.

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July 10, 2001

Adapted Water Skiing: A MN Pastime by The Courage Center

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t can only be described as the ultimate experience: flying across the water, controlling your ski by leaning, and then jumping the wake to swing wide across a lake as smooth as glass. It’s a feeling of power, combined with the exhilaration of spray from a Minnesota lake. Who would imagine that people with disabilities could water ski? The sport that began in Europe is now one of the most popular sports at Courage Center and Courage Duluth. Each spring the water ski program fills with thrill seekers, the daring, and the rest of us who just get a charge out of challenging ourselves. But our water skiing technique is a bit different. We have physical limitations and don’t ski in the traditional way. Cradled in a sling type seat attached to a wide ski board, a person can leave their wheelchair on the shore and find freedom as they fly across the lake pulled by a ski boat. In recent years adaptations have been developed that allow those with limited balance and limited arm strength to enjoy the sport too. Specially-designed outriggers help with balance, and towrope attachments provide the skier with stability and support while eliminating the tremendous pull that is some-

times overwhelming to any skier. The popularity of the sport has resulted in a dash to sign up for the program, although we do have some openings for those who want the thrill of adventure! Our goal is to offer activities that give meaning to life—and waterskiing is certainly one of them! Opportunities are available from June 20 to August 22 at Lake Owasso in Roseville (763-520-0473) and from July 10 to August 14 at Pike Lake in Duluth (218726-4762) The cost for an outing is $20 per evening. Q

ads More 15 on p.

Access To Employment Administrative

Employment ads are $14 per col. inch; July 27 is the deadline for the Aug. 10 issue. Mail SECTION SERVICES to: ACCESS PRESS • 1821 University Ave. • COORDINATOR #185N • St. Paul, MN 55104 • FAX 651-644-2136 The MSBA is seeking a FT E-mail: access@mninter.net person to assist with activities related to the section management process (preparing meeting notices, attendance rosters, mailings; making meeting arrangements, handling registration needs (on- and off-site); handling product sales; working with members (volunteers) and staff liaisons). The successful candidate should have past exp demonstrating excellent organizational skills and attention-to-detail, enjoy providing excellent customer service, and thrive in a fast-paced atmosphere. Exp meeting planning and using Word97, ACCESS97 are pluses. Send resume and salary requirements to MN State Bar Assn, Director of Administration, 600 Nicollet Mall, #380, Minneapolis, MN 55402. EOE.

OFFICE MANAGER/EDITORIAL ASSOCIATE Access Press Immediate opening. Help produce Minnesota’s monthly newspaper covering a wide range of disability related issues. We need someone who is well organized, able to work independently and as part of 2-3 person team, and has excellent writing skills. Computer proficiency–database management, word processing, Internet. Basic bookkeeping experience helpful. Knowledge of disability preferred. 30 hours per week with benefits–health insurance, paid sick and vacation leave. Resumes to: Access Press, 1821 University Ave, W, 185-N, St. Paul, MN 55104; Phone: 651-644-2133; fax: 651-6442136. AA/EOE

FACULTY POSITIONS Hennepin Technical College, with campuses in Brooklyn Park and Eden Prairie, and centers in Plymouth and Hopkins, is actively seeking applications for part-time and full-time probationary faculty vacancies for the 2001-2002 academic year. All positions have a proposed start date of August 20, 2001. All positions require applicants to meet minimum occupational and educational requirements for the particular Minnesota State Colleges and Universities (MnSCU) vocational teaching license. A Bachelor’s degree for faculty positions is strongly preferred unless otherwise noted. All positions listed are eligible for comprehensive State of Minnesota benefit packages.

LEGAL ADMINISTRATIVE ASSISTANT Trusts & Estates Faegre & Benson LLP, a leading Minnesota law firm, has a great opportunity for an experienced Legal Administrative Assistant in our Trust & Estates practice group. Ideal candidates will have at least 3 years legal secretarial experience; excellent organizational and communication skills; proficient word processing skills; keyboarding at 60+ wpm; along with a teamoriented, flexible work style. This position offers an interesting, fast paced challenging opportunity in a professional work environment. Faegre & Benson LLP offers a competitive wage and an excellent benefits package, including a discounted bus program-Metropass. For additional information about Faegre & Benson, visit our web site at www.faegre.com. Please send resume and salary history to Human Resources:

Current Faculty Positions Open: Instructor - Mathematics, Brooklyn Park Campus (Master’s degree required) Instructor - HVAC (Heating/Air Conditioning/Refrigeration), Brooklyn Park Campus Instructor -English, Brooklyn Park arid Eden Prairie Campuses (Master’s degree required) Instructor - Nursing, Eden Prairie Campus (Bachelor’s degree required) Instructor - Painting and Decorating, Minnesota Correctional Facility -Shakopee FAEGRE & BENSON LLP Instructor - Sociology, part-time (.75 - .95), Brooklyn Park and 2200 Wells Fargo Center Eden Prairie Campuses (Master’s degree required) 90 South Seventh Street Minneapolis, MN 55402 Please call 763/550-2183 to request a description of individual Fax: 612-766-1763 Internet: positions. To apply, please send cover letter, resume and a list HR@faegre.com of references to Darren Hoff, Personnel Officer, Hennepin Technical College, 9000 Brooklyn Blvd., Brooklyn Park, Equal Opportunity Employer MN 55445. HTC is an AA/EEO employer and educator.

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Access To Employment EMPLOYMENT ADS ARE $14 A COL. INCH; JULY 31 IS THE DEADLINE FOR THE AUGUST 10 ISSUE. Mail to: ACCESS PRESS 1821 University Ave. • #185N St. Paul, MN 55104 • Fax 651-644-2136 • E-mail: access@mninter.net Legal

Legal

CASE MANAGER

LITIGATION TECHNOLOGY PROJECT SUPERVISOR Due to growth, Faegre & Benson LLP, a leading Minnesota law firm, has a new opening in our Litigation Technology Services department. The project supervisor provides direct work supervision, training, scheduling and coordination of workflow for litigation support projects involving temporary and regular personnel. Candidates should have 1 year exp. in a supervisory or staffing position; 1 year exp. in coding & other litigation support activities; an advanced software and database background; excellent organizational and communication skills; along with a teamoriented flexible work style. B.A. degree and/or paralegal training helpful. Our ideal candidate will have excellent organizational, computer & communication skills. In addition, we are looking for an individual with a strong sense of urgency who is people, service & action-oriented and has a proactive, flexible work style. Faegre & Benson LLP offers a professional work environment, competitive wages and an excellent benefits package, including a discounted bus program–Metropass. For additional information about Faegre & Benson, visit our web site at www.faegre.com. Please send resume, position interest and salary history to Human Resources: FAEGRE & BENSON LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 Fax: 612-766-1763 Internet: HR@faegre.com

PARALEGAL Probate, Tax & Estate Gray Plant Mooty, a 130+ attorney downtown -Minneapolis law firm, is seeking a paralegal with 5+ years experience in preparation of individual and fiduciary income tax returns, federal estate tax returns, and estate/trust administration. Duties include preparation of annual accounts, individual & fiduciary income tax returns, and estate tax returns. Additional duties include estate & trust administration, including probate filings, valuation of assets, and preparation of division schedules and bookkeeping. Position entails extensive client contact. Must be proficient in Excel. Familiarity with ProSystem helpful. Accounting background and Paralegal Certificate preferred. We offer a professional work environment, educational opportunities, a culture emphasizing work/life balance, competitive salaries & benefits (including medical, dental, profit sharing, and 401k). Send resume with cover letter to HR, Gray Plant Mooty, 3400 City Ctr; 33 S. 6th St., Mpls, MN 55402; fax to 612-333-0066; or e-mail to Anne Weinauer @gpmlaw. com Equal Opportunity and Affirmative Action Employer

TRAFFIC ENGINEER

Traffic Engineer wanted to perform operational analysis and support traffic studies for a wide variety of transportation projects. Requirements include a BS in Civil EngiEqual Opportunity Employer neering with an emphasis in traffic/transportation and exEXPLORE cellent verbal and written comEMPLOYMENT munication skills. PE and/or OPPORTUNITIES project management experiAs a leading rehab & resource ence a plus. center for people with disabilities we offer a variety of open- SRF Consulting Group, Inc. is ings in the following areas: a fast growing, locally owned, · Clerical and well-established civil en· Fundraising & Other gineering, transportation and Professional planning firm. In addition to · Therapists & Aides varied and exciting work in a · Nursing/CNAs positive atmosphere, SRF ofPlease call our job hotline at fers competitive salary and 763-520-0518 or visit our benefits, 401(k) & profit sharwebsite at www.Courage.org ing. If you want a career with for details on current positions strong growth potential in one available. Courage Center, of ENR’s Top 500 design 3915 Golden Valley Road, firms, send you resume to SRF Golden Valley, MN 55422. Consulting Group, Inc., One Fax 763-520-0866. Carlson Pkwy. N, #150, Plymouth, MN 55447; fax to 763-475-2429, or e-mail to hr@srfconsulting.com EOE. EOE. We seek diversity.

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Human Resources

Due to growth, Faegre & Benson LLP, a leading Minnesota law firm, has a new opening in our Litigation Technology Services department. As a case manager you will consult with lawyers, paralegals and project managers to analyze, recommend, design, implement, monitor and support litigation projects; assist lawyers and paralegals with project management on the effective use of systems implemented on their behalf and develop case management plans, budgets and schedules. In addition, you will provide case application specific training with litigation teams; coordinate and support trial presentation systems; monitor case work flow; interact with clients, co-counsel, opposing counsel and a variety of other employees. B.A. deg and a minimum of 5 years experience as a litigation paralegal or related work in a legal environment is required. Must have at least 3 years experience working with legal database software, on-line deposition/ transcript programs and other litigation support tools.

STAFFING MANAGER

July 10, 2001 ads More . 14 on p ADMINISTRATIVE ASSISTANT Marketing Department Great opportunity below!

Faegre & Benson LLP, a leading Minnesota law firm, has a new opening for a Staffing Manager. This position will develop and implement procedures for meeting the staffing needs of our litigation teams. You will assess, plan and implement staffing requirements for case projects; work with a variety of vendors to fill openings on a short notice; regularly evaluate and monitor the quality and quantity of work produced by staff; assess upcoming needs and workflow; recruit personnel through a variety of other recruitment sources; and address performance issues and concerns.

Faegre & Benson LLP, a leading Minnesota law firm, has an opening for an Administrative Assistant. This person will report directly to our Director of Marketing and Public Relations. Your responsibilities would include: coordinating materials & activities for firm seminars; handling ticket requests for local events; preparing proposal materials for lawyers; maintaining files for marketing and public relations activities; updating & maintaining the marketing database, along with a variety of other administrative duties. Our ideal candidate will have around two years of administrative experience with excellent organizational, computer & communication skills. In addition, star candidate will be people, service & action -oriented. Faegre & Benson LLP offers competitive wages and an excellent benefits package, including a discounted bus program — Metropass. For additional information about Faegre & Benson, visit our web site at www.faegre.com. Please send resume and salary history to Human Resources:

Our ideal candidate will have strong knowledge of human resources practices and employment laws, excellent verbal, written and communication skills, along with the ability to work successfully under deadlines and to motivate others to perform. In addition, we are looking for an individual with a strong sense of urgency who is people, service & action-oriented and has a proactive flexible work style. B.A. degree preferred, 4-6 years experience in a high volume staffing environment. Super- FAEGRE & BENSON LLP visor experience is required. 2200 Wells Fargo Center 90 South Seventh Street Faegre & Benson LLP offers a Minneapolis, MN 55402 professional work environFax: 612-766-1363 ment, competitive wages and Internet: HR@faegre.com an excellent benefits package, including a discounted bus Equal Opportunity Employer program--Metropass. For additional information about Faegre & Benson, visit our web site at www.faegre.com. Please send resume and salary CIVIL ENGINEER history to Human Resources:

Our ideal candidate will have excellent organizational, computer & communication skills. In addition, we are looking for individuals with a strong sense of urgency who are people, service & action-oriented and have a proactive, flexible work style. Faegre & Benson LLP offers a professional work environment, competitive wages and an excellent benefits package, including a discounted bus program — Metropass. For additional information about Faegre & Benson, visit our web site at www.faegre.com. Please send resume and salary history to FAEGRE & BENSON LLP Human Resources: 2200 Wells Fargo Center 90 South Seventh Street FAEGRE & BENSON LLP Minneapolis, MN 55402 2200 Wells Fargo Center Fax: 612-766-1763 90 South Seventh Street Internet: HR@faegre.com Minneapolis, MN 55402 Equal Opportunity Employer Fax: 612-766-1763 Internet: HR@faegre.com Equal Opportunity Employer

DISPATCHER The Hopkins Police Department has a vacancy for a 9-1-1 Dispatcher. Position performs 9-1-1 dispatching & other duties as required. Min. req.: high school grad. or equiv., typing speed of 30 w.p.m. Desirable qual.: 9-1-1 dispatching exp. Salary range: $14.41 - $19.13/hour, excellent benefits. Full job description & position requirements are available at Hopkins Police Dept., 1010 1st St. S., Hopkins, MN 55343, 952-938-8885. City application is required. Applications must be received by 4 pm, July 24, 2001. Equal Opportunity Employer

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EDUCATION ASSISTANT EDUCATION SPECIALIST U of M Disability Services seeks up to three fulltime or parttime Assistant Education Specialists to work with students with disabilities. Qualified candidates will have a MA in Rehab cnslg, social work, student personnel, cnslg psychology, or a related field; 2 yrs exp wkg with people with disabilities, particularly psychiatric disabilities; knowledge of federal and state laws and community resources pertaining to people with disabilities; exp in consultation and training on disability issues, and strong communication and organizational skills. Preferred experience in postsecondary student services, deaf/hard of hearing and/or visual impairment services. Review of applications will begin by July 1, 2001 and will remain open until filled. Send letter of application, vita or resume, and the names, addresses, and phone numbers of 3 references to: Jane Salmi, Disability Services, McNamara Alumni Center, Suite 180, 200 Oak St. SE, MPLS, MN 55455. U of M Equal Opportunity Educator and Employer ACCOUNTS PAYABLE SPECIALIST American Guidance Service is a leading publisher of educational assessment and instructional materials. AGS is seeking a professional to join our finance department. Responsibilities consist of all accounts payable functions including maintenance of vendor files, invoice processing, weekly check runs, AP reporting, assistance in cash management, maintenance of internal and external customer relations, and ensuring compliance with IRS 1099 process. Qualified candidates must have a 2 year degree in accounting and 1-3 years of experience or equivalent, strong PC skills and excellent interpersonal skills.

SRF Consulting Group, Inc., a locally owned, growing and well-established transportation and engineering firm, seeks a Civil Engineer for preliminary and final design of highway/municipal roadway projects. Requirements include a BS in Civil Engineering with 2-4 years design experience. Excellent written and verbal skills a must. Centrally located just north of the downtowns, AGS offers a In addition to varied and excit- competitive salary and bening work in a positive atmo- efits package. If you would sphere, SRF offers competi- like to work in a friendly, tive salary and benefits, 401(k) team-oriented environment, &profit sharing. If you want a interested candidates may career with strong growth forward BOTH RESUME & potential in one of ENR’s SALARY REQUIREMENTS Top 500 design firms, send to: AGS, Attn: JII, 4201 your resume to SRF Con- Woodland Road, Circle sulting Group, Inc., One Pines, MN 55014, fax to 763Carlson Pkwy. N., #150, 355-2078 or e-mail to jobs@ Plymouth, MN 55447; fax agsnet.com. To learn more to 763-475-2429, or e-mail to about AGS look us up on the hr@srfconsulting.com; EOE. web at www.agsnet.com. EOE

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July 10, 2001

CLASSIFIEDS

Reach 11,000 Active, Interested Readers with ACCESS PRESS Classifieds. $8 up to 20 words, 35¢/word thereafter. Must be prepaid. Mail with check to: ACCESS PRESS, 1821 University Ave W, #185N, St. Paul, MN 55104; (651) 644-2133 Crow River Vangater wheelFOR SALE FOR RENT Lewis Park Apartments: Call it home! Four bedroom, chair lift for full-sized van. Barrier free housing with 4.5 bath rambler style home, Model #7684LA. Fully autowheelchair user in mind. 3300 finished square feet, has matic, excellent condition. Section 8 su-bsidized. One- a roll-in shower, whirlpool $1500 or best offer. Call Najat and two bedroom units. For spa at floor level, sliding glass at 651-636-4402. more information on doors from lower level to availability call (651) 488- back yard and an elevator 1998 Dodge Ram S1500, 9923. St. Paul, MN Equal from main floor to lower like new - UNDER 4,500 level. Two fireplaces, formal MILES! Fully loaded (air, Opportunity Housing. dining, living room, 3 car cruise,power everything) plus Seward Square Apartments: garage, security system and Waldoch custom conversion We are currently accepting much, much more. This great including raised roof, TVapplications for our waiting home sits on a 2.5-acre lot. VCR,Crow River power list at Seward Square Apart- Horses are allowed. Call JJ wheelchair lift, power driver’s ments in Minneapolis. Seward Jackson at 612-751-8599 or seat with hand drivingcontrols. Square is barrier-free housing visit web at www.the990 $32,000 OBO. 612-279-5806 and is federally subsidized. man.com. WHY USA An- (day)/612-719-1329(eve) For an application, please call thony Realty, Inc. 1993 “Vibo” Pontoon Boat (612) 338-2680. Equal Oppor1995 Chevy 20 White con- 24FT w/2/3 Canopy Wheeltunity Housing. version van, sport, short chair Widened Doors-Small Holmes-Greenway Housing wheel base. Full power. fold down ramp on front One and two bedroom apart- LOW MILES 25 M. Full entrance. Less than 130 Hours ments designed for physically Ricon List. Automatic. EZ use on 40 Horse Force Motor. handi-capped persons. Con- locks, power lock for wheel- Elec. Start, Power Tiller, Fish venient SE Minneapolis chair, Transfer seat—6 way depth finder, Live-well Asklocation. Call (612) 378-0331 power. $14,000 firm. (612) ing $4900.00. Previous owner’s wheelchair users. for avail-ability information. 379-2629. Contact: J.Schatzlein 952Equal Opportunity Housing. 881-2129 or 651-215-2216.

Sponsorship levels: Basic (low income): $5.00

MISCELLANEOUS “Words of Love” is a CD by Snoopi Botten, Gary Reyzer’s Lawn Service. Fall and a musician with cerebral palsy who writes and Spring cleanup. Mowing of yards through performs inspirational songs using a synthetic summer. (763) 755-2613. speech system. To order, call (612) 872-7233 or visit Snoopi’s website at http:// hometown.aol.com/dectalk/myhomepage/ index.html.

THE FRIENDS OF ACCESS PRESS Friend: $25.00 & up Bronze: $75.00 & up

Silver: $150.00 & up

Gold: $350.00 & up

Diamond: $500.00 & up

Benefactor: $1,000.00 & up

The Friends of ACCESS PRESS are vital to the paper’s success. We need your continued support to keep publishing. Your gift entitles you to a one year complimentary subscription to ACCESS PRESS. ACCESS PRESS is a 501(c)(3) non-profit. Checks should be made out to ACCESS PRESS. Your contribution is tax deductible. Please mail your sponsorship to ACCESS PRESS, 1821 University Avenue West, Suite 185N, St. Paul, MN 55104. Your help is crucial if ACCESS PRESS is to continue being the voice for people with disabilities! Thank you.

SPONSORS OF ACCESS PRESS: Thanks to the following sponsors for supporting ACCESS PRESS this year. ------------------------------------- BASIC SPONSOR ------------------------------------Margaret Beier Carlyn Bryngelson Robert J. Geldert Beth Jensen Debra Johnson Rosanne Kramnicz Steven McKeever Kathleen M. Miller Cindy Moore Jane & Albert Olson Carla Reichenberg Paul W. Taylor Kelli N-E Wysocki ------------------------------------- FRIEND SPONSOR ------------------------------------Lynda Adams Mary Andresen Marisa Bennett Mike & Karen Bjorgan Sandi Lane and Monte Blair Susan Blaylock Maynard Bostrom Bob Brick Wendy Brower Susan Bulger Deah Cain Lynne Corneli Stephanie Cunningham Marty Cushing Justin & Yoshiko Dart Jolene Davis LeRoy deBoom Barbara Droher Neil Doughty Craig Dunn Mel Duncan Lee Ann Erickson Candace/David Gislason Tom Gode Rep. Kevin Goodno Nadine & Andy Groven Patricia Guerrero John Hoffman Bradley J. Holmes Ellen & Skip Houghton Judy Hunt Cindy & Gregory Johnson Ericka Johnson Linnea Johnson Hoff Barb Kane Mary Kay Kennedy Diah Kinion Beth Knutson-Kolodzne Eugene Kook Sherry Lampman Sue Lasoff Bruce Larson David Larson Linda Larson John Marty Dorothy McCoy Kathy Moran Paul Mueller Jim and Cindy Musselman Bill and Joan Overby Richard Peterson Margery Pilhofer Dwight & Chris Porter Barbara Proehl Virginia Puzak Julee Quarve-Peterson Kelly Rathcke Kim Rezek Patricia L. Rogers Fern Rogstad Stuart Rosen Ginger Rudberg Patricia Rydeen Arthur Sauter Elizabeth Smith Adele Spavin Diane Sprague Gerry and Barb Tollakson Caryl Wattman Mary Frank-Wawokiyawin Teri Welcher Curt Wiehle David Wood Accommodating Care, Inc. Accord Health Care Services All Temporaries, Inc Alliance for the Mentally Ill of MNArc of Anoka/Ramsey Cty Arc Suburban Arc Minnesota Assistive Speech Technology Research Labs Axis Healthcare Best Care Blue Sky Designs, Inc. Brain Injury Assn. of MN Consumer Council of The Alliance for the Mentally Ill Disabled Dealer East Suburban Resources Equity Services-St. Paul Franciscan Sisters of St. Paul Forensic Alliance of Mentally Ill Fraser Community Services Home Health Care JQ-P, Inc. Kaposia MBW Company Metro Mobility Service Center Staff MN Developmental Achievement Ctr Assoc. (MnDACA) MN Bio Brain Assoc. NAMI New Dimensions Northeast Contemporary Services Resource S.M.I.L.E.S. ------------------------------------- IN MEMORY------------------------------------Troy Fahlenkamp and Valerie Birosh by David Dreier Mabel Heuer by Dawn Doering Miss Irene MacKaloney by Roger Hoffman Bill & Renee Smith by Becky J. Bugbee-Tong Bill Smith by Joe & Peg Figliuzzi Uncle Bill & Aunt Renee Smith by Mary & Henry Pattridge Ruth Riggs by Corbin Kidder Bill & Renee Smith by Helen Thompson Bill Smith by Kathy & Paul West Linda Wolford in memory of Tony Lebahn

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------------------------------------- BRONZE SPONSOR ------------------------------------Sue Abderholden Steve Alarik Anonymous Susan Asplund David Baldwin Kathleen Ball Jeff Bangsberg Jill Bedow Janet Berndt Bill Blom Anita Boucher Tom Brick Deb Bryan Rick Cardenas Michael and Janice Chevrett Margot Imdieke Cross Robert Gregory Luther Granquist Doris Groven Lori Guzman Martha Hage Roger A. Hoffman Dianna Krogstad Linda Lattin LoRene Leikind Lolly Lijewski Joel McGuiggan Christopher Meyer Cliff Miller Jim Morse Bill Niederloh William O’Dowd Manley Olson Louise Pattridge David & Marilyn Phillips Catherine Reid & Liddy Rich Ann Roscoe Rick Ryan Barb Smith John Smith Peter & Pamela Stanfiel Mary Jane Steinhagen Erica Stern Eric & Carline Stevens J. Quinn Tierney Helen Thompson Candace Warne Linda Wolford Jerrold Wood Joe & JoAnn Zwack Dept. of Occupat’l Therapy-U of MDiv. MN Rehab. Assoc Job Placement & Dvlpmt FastServ Minnesota Work Incentives Connection Merrick Companies Pat Siebert, MN Dis. Law Ctr. National Results Council New Ways United Cerebral Palsy of MN ------------------------------------- SILVER SPONSOR ------------------------------------Jamie Becker Robert E. Buuck LeAnne & Larry Dahl Chris Duff Catherine Eilers M. Therese Gockenbach Paula Goldberg Judy Haaversen David and Susan Houghton Lynn Noren Michael Otubushin RISE Inc. Dean Doering & Lisa Scribner Kevin Sullivan Kathy West Kay Willshire Arc Hennepin County Help Yourself Job Placement and Development Division, MN Rehab Assn Mental Health Consumer/Survivor Network Mpls. Advisory Committee Pacer Center St. Paul Mayors Advisory Committee on People with Disabilities Twin City Transportation Vinland Center ------------------------------------- GOLD SPONSOR ------------------------------------Scott Beers Shirley Larson Ronna Linroth Margaret Perryman Bridget & Diane SmithIn Home Personal Care, Inc. MILS ------------------------------------- DIAMOND SPONSOR ------------------------------------Case Management Systems, Inc. Rapit Print ------------------------------------- IN HONOR ------------------------------------Anne Henry by Karen Adamson Cecelia Bilbrey-Baer by Patrick J. Bilbrey Jaehn Clare by Candice Warne Charlie Smith by Tom and Mimi Fogarty Kyle by Joe & JoAnn Zwack College of Saint Catherine’s Occupational Therapy Masters Program by Steven Anderson U of M Occupational Therapy Education Program by Erica Stern ------------------------------------- BENEFACTOR SPONSOR ------------------------------------Medtronic Foundation

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July 2001 Issue  

— President George W. Bush July 10, 2001 by Kathleen Hagen by John Tschida Minnesota Only State to Waive Immunity shutdown by the nar- rowes...

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