June 2004 Edition - Access Press

June 10, 2004

Inside ■ Justin Dart—p. 3 ■ Universal Health Care—p. 4 ■ Working With A Disability—p. 14

1

“Politics ought to be the part-time profession of every citizen . . .”

— Dwight D. Eisenhower

Nonprofit Org. U.S. Postage PAID Mpls. MN Permit No. 4766

Volume 15, Number 06

Minnesota’s Disability

Community Newspaper

June 10, 2004

SESSION DEADLOCKS OVER BUDGET

by Anne L. Henry, Minnesota Disabiltiy Law Center

T

he 2004 session of the Minnesota Legislature ended May 16

without a budget agreement and no bonding bill for State building projects. Both the

House and Senate spent considerable time fashioning budget bills to deal with the

State’s deficit of $160 million for this second year of the biennium. Despite these efforts, no agreement between the House and Senate was reached before the Constitutional adjournment deadline of May 17.

The huge cuts in programs and services for persons with disabilities enacted last session when our State faced a $4.5 billion deficit continue to hurt many in Minnesota.

However, the House and Senate did adopt changes to repair some of the damage done by last session’s massive cuts.

The U.S. Supreme Court justices. Back row L-R are: Ruth Bader Ginsburg, David Hackett Souter, Clarence Thomas and Stephen Breyer. Front row L-R: Antonin Scalia, John Paul Stevens, Williams Hubbs Rehnquist, Sandra Day O’Connor and Anthony M. Kennedy.

SUPREME COURT SUPPORTS ADA

by Kathleen Hagen, Staff Attorney, MN Disabiltiy Law Center One Step Toward Equality in Access to Public Services Under Title II of the ADA

I

n February 2004, when we discussed the oral argument of Tennessee vs. Lane, I asked the question: Will the Supreme Court limit jurisdiction under Title II of the ADA? The answer is no, at least not for now. The court found that a plaintiff may file a lawsuit for private damages under Title II of the ADA when the limited access to service involves a fundamental right guaranteed by the 14th amendment of the Constitution, such as the ability to gain access to, and use the services of, the courthouse. The Supreme Court made no finding on other issues which could be brought under Title II against states.

While the Court limited its holding to cases involving

access to courts, its expansive analysis documented the history of state-sponsored discrimination against people with disabilities in many different areas. This aspect of the decision should prove extremely helpful in defending the constitutionality of other applications of Title II. This decision is definitely a victory for persons with disabilities. Hopefully the door opened by the Court in this decision will be widened in future cases.

In the Tennessee vs. Lane case, George Lane was arraigned for driving while intoxicated.

He used a wheelchair and the courthouse had steps and no elevator.

When he was brought up for arraignment, he crawled up two flights of steps to the courtroom. He waited all morning and his case was not heard. In the afternoon he refused to crawl back up the stairs and refused

to be carried. His lawyer came out occasionally to tell him what was happening and he was ultimately arrested for not appearing in court for his hearing. Lane, and other plaintiffs, refused access either to courts as parties to a case, or as employees due to lack of physical access, brought suit against the state of Tennessee.

Tennessee moved for summary judgment arguing that the state had sovereign immunity against lawsuits brought for money damages.

The state court denied the summary judgment motion.

The Court of Appeals affirmed. The appellate court argued that while the Supreme Court had found in Garrett vs. University of Alabama Board of Trustees, that states were immune from private lawsuits for money damages by state employees under Title I of the ADA, the Decision - cont. on p. 14

The House eliminated copayments for those limited to a personal needs allowance of between $74 and $92 per month, and removed the $500 dental service cap for adults on the Medical Assistance and General Assistance Medical Care (GAMC) programs, but eliminated dental coverage for adults without children on the MinnesotaCare program.

The Senate adopted provisions to eliminate all co-payments and remove the $500 dental service cap but did not eliminate any dental coverage. Both the House and Senate passed provisions to reduce the steep increase in parent fees for parents of children with significant disabilities who need Medical Assistance services. The House provision reduced last year’s parent fee increase overall by about 24 percent, while the Senate provision reduced the fee increases overall by about 63 percent and adopted provisions to reverse changes for non-custodial parents.

The Governor had proposed cutting continuing care providers such as home and community-based waiver providers and personal care assistant (PCA) services by 1.5 percent. Neither the House nor the Senate adopted cuts to continuing care providers, and the House passed a half

percent increase for providers. The Governor also proposed caseload limits for the CADI (Community Alternatives for Disabled Individuals for persons otherwise eligible for nursing facility level of care) and the TBI (Traumatic Brain Injury) waivers for the 2006/2007 biennium.

The House adopted the Governor’s caseload growth limitation but the Senate did not. The Senate proposed steep cuts in state administration to offset their provisions repealing some of the worst cuts from last session. Both bodies made changes in the State Prescription Drug Program because the new Medicare drug benefit will serve some lower income enrollees with a $600 drug benefit beginning July 1, 2004.

Both the House and the Senate passed changes to last year’s severe cuts to MinnesotaCare for adults without children. The Governor proposed adding back mental health services and diabetic supplies to the $5,000 outpatient service limit. The House added back diabetic supplies and optometry services but did nothing about mental health services, whereas the Senate restored MinnesotaCare for single adults and lifted the $5,000 outpatient service limit. The Senate restored Minnesota Family Investment Plan (MFIP) cash assistance to low-income families with a disabled member receiving Supplemental Security Income (SSI), while the House did not.

The Republican-led House and the Democrate-led Senate did not agree on any of their budget proposals, so none of the harsh changes from the 2003 session were repealed or modified. While many important changes needed by persons with disabilities were not adopted, it is also important to recognize

that further cuts were also not adopted.

The Legislature did, however, pass a number of policy changes affecting persons with disabilities which have no funding attached: the Department of Human Services will be required to publish waiting list information for the CADI (nursing home level of care), TBI (traumatic brain injury) and Community Alternative Care (CAC) (hospital level of care) waiver programs each November; a stakeholder process is established for oversight of an evaluation of the ConsumerDirected Community Services (CDCS) changes to the home and community waiver programs which take affect October 1, 2004; and a disease management program is established within the Medical Assistance program to improve patient care, health outcomes and reduce health care costs.

The Legislature did not agree on a budget bill to deal with the $160 million deficit; therefore, Governor Pawlenty had to take action to reduce state spending and eliminate the deficit. A major and very troubling cut instituted by the Governor was to shift $110 million in federal funds intended for health care for lowincome persons to the General Fund to cover the State shortfall. While the Governor says the action will not result in immediate cuts in health care, it will leave a $44 million hole for the next biennium and threaten the longterm integrity of the Health Care Access Fund which is used to pay for MinnesotaCare.

Discussions among legislative leaders and the Governor about a special session are underway. All sides seem to agree that before a special session is called, the items to Deadlock - cont. on p. 13

June 10, 2004

2

Tim Benjamin, Editor

C

ongratulations to our good friend Pete Feigal, the winner of the prestigious 2004 Judd Jacobson Memorial Award for his outstanding contribu-

ing remove some the stigma conclusive one. The Minneassociated with the disease. sota Disability Law Center’s attorneys have contributed Anne Henry outlines a very much over the years to the unproductive legislative ses- success of Access Press. We sion. Neither party would can’t thank them enough! budge on any of the issues of importance. It seemed they Jeff Nygaard walks us through couldn’t get past the hot- another scenario of universal buttons of some very contro- health-care—it’s very excitversial issues such as, casino ing to think that there are so gambling, gay marriage, and many possibilities to create a sex offender punishments. healthy health-care system in Therefore, many programs the United States. We can that were cut last session, sat move from ideas to action in our next presidency. tions to improve the lives of idle. people with disabilities. It is terrific that Pete is being Kathy Hagen, also explains Bret Helsa and Gloria recognized for his constant the Tennessee vs. Lane Su- Steinbring give a response to dedication to others that live preme Court case. It is an last month’s article on disabilwith mental illness and help- ADA victory, but maybe not a ity culture by explaining the

moral model of care for people with disabilities and some history of how this model has affected disability culture. As we go to press we will be watching the recent abuse of vulnerable adults in nursing homes since this abuse is documented as a historical problem.

Next month Bret and Gloria have promised to explain the medical model; a little history of it and how this model has affected the culture of people with disabilities. Thanks Gloria and Bret; you two make a good writing team.

permission to print some of the writings of the late Justin Dart. In the next few months we will be printing Justin’s platform for the disability community for the 2004 Elections. Justin Dart was an inspiring man with confidence that we could change society by demanding equal rights for all—no exceptions. This is a must read!

Thank you, Yoshiko for your love and support!

While the summer is new, join Jeni Mundl (page 6) and get out and enjoy a garden, your own or one of the great Yoshiko Dart was gracious public gardens. ■ enough to give Access Press

Villains and Charity Cases

by Bret Helsa and Gloria Steinbring of Advocating Change Together

S

ocieties have long sought to explain disability. Historically, the two most prevalent viewpoints—that disability is either a moral condition (either special or frightening) or a medical condition (a malady to be cured by experts)—have had a profound and mostly negative impact on the lives of people with disabilities. Only recently has a third view of disability emerged: that people with disabilities are regular people, a minority group with the same civil rights as others.

In this first of a three-part series, we will look at the moral view of disability, where it comes from, how it affects the lives of people with disabilities today, and what we can do about it.

Introduction Have you ever been called special? Or perhaps you’ve overheard one teenager say to another teenager, Don’t be so retarded or that’s lame.”

These comments reveal a fairly widespread view of disability—the moral view of disability. People with this viewpoint talk about disability like it’s either some sugarcoated sweetness or it’s bad.

These attitudes are a problem for people with disabilities, because they make it hard to be treated as a regular person.

Let’s take a closer look at this ancient, harmful attitude.

What is the Moral View of Disability?

The moral view of disability is the false idea that people with disabilities are morally different from others. We are prejudged in one of two ways: as either especially good or especially bad because of a disability. Under this moral view, we are not allowed to be regular people. Instead, we are labeled as special angels, innocent and worthy of charity, or labeled as frightening, evil and worthy of ridicule.

Both moral stereotypes (good and bad) have led to problems for people with disabilities.

the Bible. “As he walked along, he saw a man blind from birth. His disciples asked him, “Rabbi, who sinned, this man or his parents, that he was born blind?” (John 9:1-2). In the 1500s, Protestant reformer Martin Luther said that [children with severe disabilities are] “….a mass of flesh with no soul….The Devil sits in such changelings where their souls should have been.”

More recently it has been movies, books and language that tell us “disability is bad.”

Notice how often villains and monsters are made to look like people with disabilities: Goliath, Frankenstein, Dr. Strangelove, Mr. Hyde, the Mountain Troll from Harry Potter, Captain Hook. Even our language makes disability into something bad. Words The History of that describe a disability Disability is Bad (idiot, moron, fool, retard, The idea that disability is blind and lame) usually end sinful has been around for up meaning “bad.” thousands of years. Like many today, ancient people Because we were so often thought “perfect” bodies were considered evil and dangera sign of goodness, or ous, people with disabilities godliness. Logically, then, have faced segregation “imperfect” people were throughout history. We’ve thought to be evil. This was often been kept hidden away God’s punishment for sins. in homes. Perhaps our famiConsider this passage from lies were ashamed or feared

Access Press Co-Founder/Publisher (1990-1996) ............................................................. Wm. A. Smith, Jr. Co-Founder/Publisher/Editor-in-Chief (1990-2001) .................................. Charles F. Smith Board of Directors ....................................... JoAnn Cardenas Enos, Mike Chevrette, Mary Kay Kennedy, Kelly Matter, Tom Squire, Peg Thomas, & Kay Willshire Editor .................................................................................................................... Tim Benjamin Financial Manager/Editorial Assistant ................................................................... Terri Ricci Cartoonist ................................................................................................................ Scott Adams Production ................................................................. Ellen Houghton at Presentation Images 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 $25/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 $16 to $20.70/column inch, depending on size and frequency of run. Classified ads are $10, plus 45¢ per word over 12 words.

Advertising and editorial deadlines are the last day of the month preceding publication, except for employment ads which are due by the 25th.

Access Press is available on disk. Call MN State Services for the Blind, 651-642-0500 or 800-652-9000.

Inquiries should be directed to: Access Press • 1821 University Ave. W. • Suite 104S • St. Paul, Minnesota 55104 • (651) 644-2133 • Fax (651) 644-2136 • E-mail: access@mninter.net.

violence. When not at home, people with disabilities have been grouped together in leper colonies, asylums, “hospitals,” and large institutions, with abuse common in all settings. Historically, public ridicule has been an acceptable behavior toward people with disabilities. From the professional fools of ancient times to circus “freak shows,” people with disabilities have been displayed for the entertainment of others. In the 1500s, many European villages had a “Fool’s Cage,” where people with various disabilities were imprisoned in full view for public scrutiny and heckling.

Inevitably, fear of “evil” has led to violence toward people with disabilities. In some cities of ancient Greece, it was a law that a baby with a disability should be killed through exposure (abandoning it in the woods). In Nazi Germany, the first people killed by Hitler’s ethnic “purification” program were people with disabilities— more than 200,000 of us.

Throughout the 19th and 20th century, state-run institutions in the US and Europe were often brutal and abusive.

They compiled a tragic record of mistreatment of people with disabilities, including forced sterilizations, beatings, neglect, and abandonment.

The History of “Disability is Special” Not everyone in the ancient world thought disability was evil. There were a few who challenged this faulty belief.

One of these people was Jesus (4 BC-29 AD). He rejected the notion that disability is caused by sin. Instead he advocated compassion and service to the powerless and outcasts. The early Christian Church accepted Jesus’ call, providing services for people with disabilities. Rather than sinful, people with disabilities now came to be stereotyped in

From Hollywood to fairytales to classic literature, writers have give their villains a disability to make them more frightening.

The disability is presented as an outward sign of evil.

the opposite way, as “holy innocents,” as special souls worthy of charity. And this charity worked two ways: it helped the people with disabilities have better lives and helped the helpers get to heaven (special helpers).

This idea that “Disability is Special” is of course everywhere today. Many religious groups continue to provide services to people with disabilities. On a broader level, the term “special” is now practically a synonym for “disability.”

Let’s look now at how the “disability is special” viewpoint affects people with disabilities today. For sure, this attitude motivates many individuals and groups to provide services. Over the years, countless charity programs have emerged to address problems of abuse, neglect, abandonment, unemployment, and poverty.

Unfortunately, the “special” stereotype undermines the disability right movement.

First, people with disabilities are denied the right of personhood. We are not seen as regular people, but as special. Second, this attitude promotes segregation, because special people are treated separately. Consider

such often well meaning structures such as special education classes, “special” weeks at summer camps, Special Olympics, sheltered workshops and even group homes: all these programs segregate people (because of specialness). Finally, this attitude places control in the hands of others. As recipients of charity, people with disabilities have seldom been empowered to decide things for ourselves. Too often, service providers have remained in control.

How Can We Respond to the Moral View of Disability?

Although these moral viewpoints are everywhere, we can break free of their negative power. First, we need to learn to notice them in our lives.

Then we can openly discuss these stereotypes, challenging our friends and allies to join us in exposing these harmful myths. As we work together, we can make a difference. ■ [Groups interested in training materials on the moral view of disability as related to people with developmental disabilities may contact Advocating Change Together and ask about the workshop “Saints, Sinners, and Special People: Understanding the Moral View of Disability.”]

June 10, 2004

Go Forward!

You Have Power – Make The Dream Live

Spokesperson and U.S. Paralympic Gold Medalist Chris Waddell to visit Rehab Hospitals on National Tour En Route to 2004 Paralympic Games in Athens, Greece

by Justin Dart Editor’s note: Justin Dart, Jr., was a leader in the disability rights movement for three decades, and an advocate for civil rights. He is recognized as “the godfather of the disability rights movement” and the father of the Americans with Disabilities Act. He has received numerous honors, including the Hubert Humphrey Award of the Leadership Conference on Civil Rights and five presidential appointments.

Dart was at the podium on the White House lawn when President George H. Bush signed the ADA into law in July 1990. Dart remained dedicated to his vision of a “revolution of empowerment” until his death on June 21, 2002. Yoshiko Dart, Justin’s wife gave Access Press his written thoughts on the 2004 election.

The Legitimacy Of Our Goal Is Self-Evident.

Can we overcome the psychology and the politics of retreat? Can we overcome forces that invest billions in the maintenance of traditional stereotypes? Not quickly, not easily. But we can win. We have the ultimate powers: people, truth, love. We have you. We have each other.

Colleagues, You Have The Power, and therefore the

D

aimlerChrysler Vans LLC, distributor of the Freightliner Sprinter—the official vehicle sponsor of the 2004 U.S. Paralympic Team—has launched “Go Forward,” a national community outreach initiative bringing U.S. Paralympic athlete Chris Waddell to multiple communities and rehabilitation hospitals throughout the nation.

With secondary messages “inspire, achieve, live,” Go Forward presents an encouraging and inspired message of hope, forward thinking and improved mobility to a national audience as Waddell, who will serve as the official spokesperson, shares his personal experiences.

President George Bush, flanked by Justin Dart, Jr. and Evan Kemp, with Rev. Harold Wilke and Sandra Perrino standing behind, signs the Americans with disabilities Act into law at the White House on July 26, 1990. responsibility, to defend democracy and to create a society of individualized empowerment for all. Because you are the society. Society is not a magical super god that can give or withhold quality of life. Society is nothing more than what you do and think everyday. When you speak, the society speaks.

When you change, the society changes. When you expose, turn off the ads, and boycott the interests that support the far right, they are weakened instantly.

When enough people do it, their power is gone. They have little money except what we give them.

The Empowerment Society Will Not Occur Through Advocacy As Usual.

It is not enough to meet the President or the Mayor. We must vote, all of us. We must not only vote and petition government, we must become government, through official positions, and through 365 days a year citizen advocacy.

We must create a social environment in which no person who requires public support—public official, businessperson, media person —could afford to oppose individualized empowerment for all.

We Need Your Aggressive Leadership We need your aggressive leadership to increase our passion and our tiny empowerment army one hundred fold. We need leaders who are ready to live, and if necessary to die, for democracy.

You Can Lead Unlike our opponents on the far right, you will not be able to buy multimillion-dollar ad campaigns. But if you reach out constantly, repetitively with love and truth, spoken and lived, to everyone in your personal universe, you can be a walking/rolling/talking ad for individualized empowerment that no money could buy. Your truth in action will change the part of society that you are. The intensity of your loving truthful action will be a powerful influence on others.

TEN WAYS YOU CAN MAKE THE DREAM LIVE 1.

3

Give up life as usual escapist television and games, time consuming, expensive travel and recreation, and devote the time to passionate advocacy for individualized empowerment.

Dream - cont. on p. 7

through our daily lives and focuses on four specific areas: Get Going—Go Forward— Go For It—Keep Going!

CHRIS WADDELL’S REFLECTIONS ON “Go Forward” Despite the injury that broke his back and paralyzed both legs, Chris Waddell has climbed back up the mountain as a Paralympic athlete through sheer determination and drive. While he defines the injury as a life-changing event, he has shown courage, resiliency and the ability to persist despite adversity. In cooperation with DaimlerChrysler Vans and the Freightliner Sprinter van line, Waddell offers the following observations and key message Touring seven cities during points for “Go Forward.” the next five months, Waddell will speak to patients at Get Going rehabilitation hospitals and “Overcoming the existing make appearances at multiple situation and getting started is Paralympic events leading up the first key—whether that’s to the 2004 Paralympic Sum- rehabilitation, sports training, mer Games in Athens, Greece. personal or business goals.

A division of the U.S. Olympic Committee, the “Find something you love.

Paralympics Games is the Whether it’s your profession, world’s largest sporting event your children, your image of for amateur athletes with yourself or your desire to disabilities and are held change the world. Find a immediately following the reason that pushes you forOlympics. ward.

Go Forward Waddell, who broke his back “After a traumatic injury you in a skiing accident at age 20, wonder ‘will it ever be the remains an athlete and key same?’ By looking and movadvocate of the Paralympic ing forward, you gain a new games. He competes in both perspective and realize that the winter and summer games there are new opportunities in skiing and track and field including some that you never events respectively, and has thought possible. Personally I won multiple gold and silver know that I probably wouldn’t medals. still be an athlete had I not had the accident.

While particularly poignant for individuals who face Go For It physical challenges, Wad- “People in rehabilitation face dell’s inspiring messages are a new and daunting challenge. both encouraging and rel- The most difficult and most evant to everyone as we go important step is the first one.

Take that first step.

HOUSING AND PERSONAL CARE SERVICES Accessible Space, Inc. (ASI) offers subsidized one and two bedroom apartments for individuals with physical disabilities. We have housing in the Twin Cities metropolitan area, St. Cloud, Brainerd, Grand Rapids, Hibbing, Austin, Marshall, Willmar, and Duluth.

The apartments are fully wheelchair accessible and each building has a central laundry room, large community room, secured entry and an on-site caretaker.

ASI also offers shared personal care services 24 hours a day, at most locations, for adults with a physical disability and/or traumatic brain injury who qualify for Medical Assistance.

For more information call (651) 645-7271 or (800) 466-7722. For services or housing call Cami, for employment as a personal care attendant call Al or Angie.

Accessible Space, Inc.

Keep Going!

“With that first step you begin to see improvement and find yourself wondering what else is possible. Before you know it, you’ve created momentum and tapped into your incredible ability to adapt and most importantly, Go Forward.” ■

To Reach Thousands of Active and Interested Readers: Call Access Press at 651/644-2133

4

June 10, 2004

Career Development Model, Part III

National Health Insurance: How To Pay For It, Option 2

by Ana Alvarez-Holmberg, MA, PMP

by Jeff Nygaard

T

his is the last article in a three-part series on career development for individuals with disabilities. This series has been based on the work of Scott Beveridge, Sharon Heller Craddock, and James Liesener, the authors of “INCOME: A Framework for Conceptualizing the Career Development of Persons with Disabilities” published in 2002.

In the last issue, the focus was on the Choosing and Obtaining statuses of the INCOME model. These statuses consist of planning and taking action.

After looking at the options and deciding to take a job, the question is: now what? In this issue, the focus is on the last two statuses of the model: Maintaining and Exiting. For anyone getting adjusted to a new job, doing the same job for a while and becomingly aware of the desire to grow can take a person onto a new journey of Career Development.

Maintaining Maintaining is the ongoing process where the interaction between an individual and the work environment allows him/ her to adjust, achieve, and carry on a career. Life at work is dynamic. It can change and often the change is unexpected.

To increase the probabilities of success, an individual with a disability needs to know his/ her limitations. In addition, a disability management plan is a “must have” strategy. The authors of INCOME suggest keeping the following areas in mind for the plan: transportation, time management, medication management, and endurance (physical, cognitive, and emotional). Try to be proactive as much as possible.

The keyword for this status is awareness. Independence and reliability are expected in any job. Family support systems will not be available at work.

INCOME warns that “learned helplessness” is a problem for someone that has a precareeronset disability. The recommendation is to create a natural support system in addition to traditional job coaching. Co-workers and a mentor can be the natural support system at work.

Take a proactive approach and ask who is available in case of questions. Each company or institution has its own programs and processes. Ask what services and programs are available for you. Asking

questions is the best approach statuses with confidence and, against helplessness. hopefully, without reentering the rehabilitation system.

If the employee brings Their assumption is that as assistive technology to work, individuals with a precareeror the employer provides it, it onset disability gain experimay be necessary to check ence, their self-efficacy will compatibility between an improve. The desire of exassistive technology (AT) ploring other career paths or device and the technology “exiting” will come naturally. already in place. Consider One way to facilitate this adding someone from the process is to design interveninformation technology de- tions to continue promoting partment to the natural sup- self-efficacy and exposure to port system. AT devices, such new information and career as note takers for individuals options. with vision impairment, include functionality to down- A thought about exiting is load and upload information that an individual with a from the device into a precareer-onset disability who computer that is part of a hits this milestone has accomnetwork. plished a series of invaluable developmental steps. ExpectTechnology is always chang- ing that this can be accoming and upgrading. It is during plished in a short period of the maintaining status that time may be unrealistic.

INCOME suggests techno- Celebrate successes along the logical interventions to create way! Celebrate learning and a feeling of independence. experience gained!

Someone with technical expertise would help keep or Final Thoughts increase feelings of indepen- The authors of INCOME dence and self-efficacy. underscore an enriched and supported environment alExiting lows for reassessment of Exiting is the process of career attitudes. Building an leaving a professional situa- enriched and supported envition due to voluntary or ronment is an effort that involuntary reasons. Volun- includes parents, school teachtary reasons may be either that ers, service providers, counthe current job no longer selors, employers, individuals fulfills personal goals or an with disabilities, and assistive increased self-efficacy has technology. triggered the desire to change career paths.

The model is also helpful for individuals that do not have a On the other hand, involun- disability. Beveridge and his tary reasons include demo- colleagues based their work tion, firing, layoffs, and change on different career developin physical condition. It is ment theories. Their wish is important to clarify that we’re that INCOME will be used by not talking about the end of a almost everyone as new career. research validates their assumptions. My wish is that The keyword for this status is someone’s career moves forchange. Beveridge, Craddock, ward regardless of where it is and Liesener advocate that today. ■ individuals should go through

³+RZ FDQ , JR WR ZRUN DQG NHHS P\ KHDOWK LQVXUDQFH"´ ´+RZ GR , UHDOO\ NQRZ ZKLFK EHQHILW ,·P RQ"µ

´,V WKHUH D OLPLW WR KRZ PXFK , FDQ HDUQ RQ 66',"µ

´,5:( " " " :KDW GRHV WKDW PHDQ"´

$ # , 3 #

*(7 $16:(56

! " #$$ % &"" '( ( & )))*+ )# , - * #+ . $/ 0 / #/$ ) 1 $ 0 1 , # )# , ) $ 2 # + # 1#2 # )# , # 1 *

I

n the April 2004 issue of Access Press I summarized a plan for a universal, single-payer health care system as developed by the Physicians Working Group (PWG) on Single-Payer National Health Insurance, an ad hoc collaboration of 18 of the nation’s top physicians (“Could Universal Healthcare Work?”). Last month I explained how our current United States health care system is being financed, and sketched out one proposal for financing a universal, singlepayer health care system. This month I present a somewhat different proposal for financing such a system, this one drawn from testimony by the PWG in Congress in support of the United States National Health Insurance Act (H.R. 676), which was introduced

by Representative John Conyers on February 11, 2003.

“Less Than What We Are Currently Spending” The PWG introduced their endorsement with these words: “By eliminating unnecessary, duplicative paperwork (with single-source financing) and adopting rational, proven mechanisms to stretch our health care dollars (such as bulk purchasing of medications), the United States can provide comprehensive health care coverage—including long-term care—to every resident of the United States for less than what we are currently spending.”

The 2005 cost of universal coverage, they say, would come to $1.861 trillion (that’s $56.7 billion less than health care spending is projected to be without reform.) Where would this money come from?

In the year 2005, according to

the PWG, the money would tax. This tax exempts the first come from: $140,000 in income and does not include unrealized capital GOVERNMENT ($852.5 bil- gains in stocks, bonds, or lion): H.R. 676 would keep home sales, etc. The richest 1 existing federal, state and percent (average incomes of local revenues that currently $1,100,000) would pay an pay for Medicare (employer additional income tax of 10 and employee payroll taxes of percent. As the PWG notes, 1.45 percent each or $194 “The most well-off Ameribillion) and other federal and cans also are the most state programs. dependent on a healthy labor force for employees and EMPLOYERS ($220.8 bil- services. Thus, they will lion): H.R. 676 would imple- benefit greatly from their ment a modest payroll tax of modest additional investment 3.3 percent on all public and in universal health care.” private employers (for comparison, the Social Security STOCK AND BOND TRADpayroll tax on employers is ERS ($144.6 billion): Any7.65 percent), while eliminat- one who buys or sells a stock ing employer premiums for will pay a transaction tax private health plans. Compa- equal to one quarter of one nies that already provide percent of the purchase price. health insurance for their For example, a $100 stock workers will save money. “A purchase will be taxed a total 3.3% payroll tax is low of 50 cents. For those who enough,” according to testi- invest and hold on to stocks, mony by the PWG, “so that all the tax is minimal. Other employers (including those financial transactions will that do not provide coverage also be taxed minimally. This today) should be able to will provide another progrescontribute without undue hard- sive revenue stream for health ship.” care. (A revenue source is “progressive” when the rate THE RICHEST FIVE PER- of taxation goes up as income CENT ($221.8 billion): The goes up.) This tax will wealthiest Americans with primarily affect the wealthiest declared incomes of $140,000 10 percent of American houseto $250,000 would pay an holds, who own over 80 additional 5 percent income Insurance - cont. on p. 7

ACCESS IS FREEDOM! National Handicap Housing Institute, Inc.

Affordable/Accessible Housing For Persons With Mobility Impairments Community Enrichment Through Housing Diversity

CALL 651-639-9799

June 10, 2004

5

What’s Wrong With Whom? Care Continuum Defined

by Bill Dingfelder

W

hat is it about persons with disabilities that makes the rest of us so nervous? For as long as I can remember, I’ve felt initial discomfort when seeing or meeting a person with a disability. This is ironic, to say the least: my own mother got polio and she has consequently walked with a limp throughout most of her 72 years. Yet, growing up, I didn’t see her as a person with disabilities: like any other child, as long as she fed, clothed, and hugged me, she was functional enough.

Others were different, however. One of the earliest memories I have was of regularly seeing the blind man at Tampa’s Central Post Office, circa 1957, who ran the concession stand. I was able to marvel at how he could make change by the sense of touch, how he remembered me by my voice alone, and how he and my father, as native Floridians, were warm and friendly with each other.

Still, I dreaded seeing that shopkeeper and I hid behind my father when I saw him.

Even at the age of 10, I kept my distance; I was only courteous enough not to be rude and get in trouble with my dad.

The first time I met Michael Cohn was at my own wedding; my wife Laura and Michael are first cousins.

When I saw Michael, I was discomforted by the contortions of his face, his entrapment in a wheelchair, and his speaking difficulties, all effects of the genetic illness he has. To be sure, my feelings of discomfort have greatly lessened over time, and I’ve learned to see what Michael and I have in common—for example, a warped sense of humor. Be that as it may, I still feel myself get tense when he phones, and, even after seven years, I’m still

by Lance H. Hegland embarrassed to ask him to repeat words or sentences.

(Michael, for his part, doesn’t seem to mind much at all). In short, I wonder how much I’ve changed from being that scared little boy in the post office.

What is going on with me?

More to the point, what’s going on with so many of us, for I bet that the majority of “normal” Americans have had similar reactions and experiences in interacting with persons with disabilities.

I think there are a number of reasons so many of us feel uncomfortable;

we may see ourselves first as a member of a circle that involves our family and friends; then, perhaps, as a member of a particular ethnic or religious group; then as part of a larger circle of people in our town or state; then as a citizen of our country; and, finally as a member of the human race, a citizen of the world.

In this system, our allegiance to those in the “inner circles” supercedes our interest in other people who occupy the “more distant” circles. So, when we meet someone who “isn’t like us,” we subconsciously, or even blatantly, relegate him or her to the more distant circles. In its uglier aspects such a classification system can lead to prejudice or intolerance of “the other,” and that “other” may well be a person with a disability.

I’m Number One: We are a particularly individualistic culture, and we live in a nation where realizing the “American Dream” means being successful on one’s own. (Just think of the lines of our own success songs: “I Did it My Way,” “If I Can Make it There, 2. The bold and the beautiful: I’ll Make it Anywhere,” “I Am In our country, almost any Strong, I Am Invincible, I Am advertisement, any beauty Woman.” I, I, I; not a group or magazine, or any popular support system in the bunch). movie emphasizes beauty, strength, sexuality, and So, if we buy this cultural youth. Disabilities, like paradigm, then in order to aging, remind us on some have the best chance of level that life is finite, that “succeeding” in our culture, life is provisional, and that each of us needs all of our life can change. That realiequipment; our physical, menzation terrifies us. tal, and psychological abilities. When we see someone In the end, of course, it is we, with disabilities, we are re- the “abled,” who are missing minded about how vulnerable out by retreating or being we are, how little control we fearful of persons with disreally have. When we first abilities; we are losing the meet a person with disabili- opportunity to make new ties, many of us think, “There friends, to learn from new but for the grace of God go I.” business colleagues, and to However, when you think understand another way of about it, that is just another living a full, and fulfilling life. way of saying, “Thank God it I am optimistic, though; I like is that person, and not me”, to think that insight can be the which is not only a selfish beginning of change, and that thought, but an individualistic by facing your fears you can overcome them. In this way, thought as well. by trying to understand my 1. Them, not us: The flip side attitudes and change my of our individualism is that, behaviors, I, too, can try to when we do think about our change my entrenched behavmembership in groups in iors. I, too, can deal with my terms of concentric circles; disability. ■

W

e often hear the term “long-term care continuum” outlining our options for support services. But, what specifically are some of the choices within the “continuum” and what distinguishes one from the other?

sion is defined as the ability to alter your environment to reflect who you are (e.g. through decorating, remodeling).

Independence and Authority are freedom from control or influence of another or others and the power to act or enforce policies and procedures. Responsibility means the obligations to perform a set of tasks and ownership of outcomes/consequences resulting from those actions. Finally, Security is defined as freedom from risk or danger; safety.

a residential-like setting. Each resident still may share a bedroom with a roommate and common living areas with other residents. Plus, these homes also provide both scheduled and unscheduled services.

Therefore, this model addresses the concerns of an individual relying solely on help with scheduled and unscheduled tasks as well.

Here again, the level of security is quite high, the levels of privacy, freedom of expression, independence, authority, and responsibility, although a little higher than nursing homes, remain quite low.

Technically, the “long-term care continuum” consists of the diverse ways we can access a wide variety of products and services supporting us as we experience chronic illness, disability, effects of aging, and so on.

These products and services Nursing Homes are too numerous to name, but include such things as clini- Nursing home facilities procal, rehabilitation, nutritional, vide services, usually for Shared Living recreational, and chore ser- individuals with more signifivices, in addition to the more cant medical needs, seven Unlike group homes, shared familiar activities of daily days a week 24-hours per day living provides home care living help. Although services, often seven the potential methods days a week 24-hours of delivering these Technically, the “long-term per day, within a shared products and services care continuum” consists of residence. Typically, are also countless, gen- the diverse ways we can each resident has a erally, they’ve been access a wide variety of private bedroom, still grouped into a few products and services shares the common specific categories deareas with other pending upon the spe- supporting us housemates, and has cific environment the much greater indepenproducts and services are within an institutional setting. dence regarding activities delivered within as well as Each resident usually shares a than previous categories. This who manages the delivery room and common living option may incorporate a process. Therefore, the type areas (e.g. dining room, living “family” environment, inof provider commonly de- room, entertainment room, cluding congregate activities fines a specific location within etc.). These facilities provide and dining for residents and the continuum: nursing facili- both scheduled and unsched- staff if they choose to particities (nursing homes, interme- uled services. Therefore, this pate. Due to around-thediate care), group homes, model addresses the concerns clock staffing, this arrangeshared housing, assisted liv- of an individual relying solely ment again ensures that not ing, traditional home care, on such assistance with sched- only scheduled, but especially home care communities, home uled and unscheduled needs. unscheduled, services are care cooperatives, PCA Choice, Although the level of security available. Shared living still and cash and counseling. is quite high, the levels of offers a high level of security privacy, freedom of expres- and yet provides greater As we move from one sion, independence, author- privacy, freedom of exprescategory, or position, within ity, and responsibility are sion, independence, authorthe continuum to another, quite low. ity, and responsibility comvarious key differences exist pared to the previous alternaamong levels of privacy, Group Homes tives. freedom of expression, independence, authority, respon- Similar to nursing homes, Assisted Living sibility, and security. Privacy group homes provide sermeans the state of being free vices, usually for individuals According to the Assisted from unwanted or unwelcome with less significant nursing Living Federation of America interruptions or presence of requirements, seven days a (ALFA), assisted living conothers. Freedom of Expres- week 24-hours per day within Care - cont. on p. 7

Diamond Hill Townhomes We are currently accepting applications for our waiting list at Diamond Hill Townhomes, a great property located near the Mpls. International Airport.

We have two and three bedroom townhomes that are HUD subsidized and rent is 30% of the total household's adjusted gross income.

We have a large number of mobility impaired accessible units and we are scheduling appointments for persons in need of a mobility impaired accessible unit immediately.

To schedule an appointment please call (612) 726-9341

June 10, 2004

6

Disability Technology

New Ways To Garden

by Jeni Mundl

by Wendy McCormick

T

herapeutic benefits of •Purchasing materials in Some written resources are: gardening are numer smaller packages avoids the Adil, Janeen (1994) Accesous at all ages and stress of lifting heavy bags. sible Gardening for People abilities; however, balance, with Physical Disabilities: A strength, and agility are •Garden carts are easier to guide to Methods, Tools, and needed—which many indi- pull than wheelbarrows and Plants. Woodbine House; viduals with disabilities lack. can hold gardening items Rothert, Gene (1994). EnThis can make lifting a bag of which are too heavy to carry. abling Gardening: Creating potting soil or pushing a There is a gardening pail Barrier-Free Gardens. Taywheelbarrow cumbersome or which has different holders lor Publishing Company, Dalimpossible. With arthritis and for tools. This can also be las, Texas.; Woy, Joann rheumatism, gardening is attached to a luggage carrier (1997). Accessible Gardensometimes painful. Digging so the individual can hold the ing: Tips & Techniques for and repetitive motions may items rather than carry them. Seniors & the Disabled. aggravate physical problems, Stackpole Books; Yeomons, causing many gardeners to •Working for shorter lengths Kathleen (1992). The Able stop an otherwise healthy of time during the cooler Gardener: Overcoming Baractivity. morning and evening hours riers of Age and Physical will lessen the effects of the Limitations. Garden Way PubBeyond being relaxing and heat. A short break for a lishing; Blease, Peter ed. healthy, gardening can be drink of water or juice will (1990). Able to Garden: A therapeutic in treating physi- help reduce the stress on the Practical Guide for Disabled cal, emotional, cognitive, and body and prevent dehydra- and Elderly Gardeners. Horsocial changes in the lives of tion. ticultural Therocey, Great individuals with disabilities.

Britain.

Many modifications in gar- •Gardeners should wear lightdening practices and tools weight, loose fitting clothes With summer fast approachexist to aid people who may during the summer heat. ing, it is a great time to start have limitations.

Cotton clothing not only exploring and inventing new helps keep the gardener ways to garden. The benefits •Gardening in raised beds cool, but prevents exposure are multi-fold for the senses filled with easily worked soil of skin to the sun’s damaging and mind. ■ can allow disabled gardeners rays. Wide-brimmed hats to continue activities from a and sun screen can further wheelchair. protect skin. Also, a misting bottle or cloth soaked in cool •If bending over and kneeling water can be refreshing. causes problems for the gardener, a stool or knee These practical suggestions ven if you're physipads may provide needed can make gardening an enjoycally unable to garrelief. There are many differ- able activity for many. The den, there are still ent varieties which allow the Internet provides a wide opportunities for you to enjoy user to move the device with variety of resources and the benefits of gardens by them easily or position the products for individuals with visiting the following public seating at variable height. disabilities. The following gardens this summer. are a couple to explore: Life •Adapted tools are becoming with Ease Garden Tools Eloise Butler Wildflower increasingly available. By Page, http://www.lifewith Garden & Bird Sanctuary: using ergonomically de- ease.com/garden.html; To- It’s spring and the flowers and signed tools correctly, stress tally Living Gardening Page, birds have returned. Come on joints and muscles is http://www.totalliving.com/ see the grand display of spring reduced. pages/Garden.html; Garden treasures. The Minneapolis Buddy, http://www.lodgik. Park and Recreation Board com/features.htm; Bionic (MPRB) Naturalists offer free Gloves, http://www.bionic environmental education progloves.com/?refer=AD; grams every weekend at the Adapted Gardening for Physi- Garden and the larger Minnecally Challenged, http:// apolis regional park system wwwagcomm.ads.orst.edu/ from April through October. agcomwebfile/edmat/html/ June Highlights: June 13 em/em8504/em8504.html Wild Gardener - 1 pm - 2 pm

Ce A P cce r l e e s ss yea bra s tin rs g 1 in pri nt! 4

E

Thanks to our advertisers & readers, like Jamie Becker.

651-644-2133 access@mninter.net

Twin Cities 19th Annual Juneteenth Festival

J

uneteenth is the recognition and celebration of the June 19, 1865 freeing of slaves in Galveston, Texas, two and a half years after President Lincoln signed the Emancipation Proclamation in January 1863. For many, Juneteenth represents the end of slavery and the beginning of freedom.

The Juneteenth Freedom to Vote Project In 2003, the Board of the Juneteenth Twin Cities Celebration voted to expand the Juneteenth effort through nonfestival activities consistent with the Spirit of Juneteenth.

The Spirit seeks to better economic and social conditions in the communities of people of African descent and to connect with people in other communities of color.

The Spirit embodies freedom, renewal, rebirth, creativity, and potential.

The Freedom to Vote Project is the first effort by Juneteenth Twin Cities to act in a broader way to ground the Spirit of

Juneteenth. This effort will establish a large non-partisan metro-wide working collaborative, which will focus on voter education, registration, getting out the vote and protecting people’s right to cast it. This collaborative will first concentrate on people of African descent and then on all who are generally underrepresented in the electoral process. We will focus on finding ways to help citizens to register and vote who often have difficulties exercising their right to vote. Those include citizens who are people with disabilities, illiterate, infirm elders, felons who have had their rights restored, and those who have English as a second language.

voter education-registration get out the vote efforts but who have a stake in seeing more people in their communities become engaged, active, involved citizens. We feel that participating in the voting process is a first step in self-empowerment.

On June 19, in Theodore Wirth Park, 11 am to 7 pm, join more than 60,000 people as they celebrate the 19th Annual Twin Cities Juneteenth Festival and 139 years of Juneteenth’s work will be to FREEDOM. This year’s facilitate the reach of other theme is We are Family - We organizations whose tradi- Are One. tional roles have been to increase citizen participation For information call 612-238in the voting process. The FREE (3733) or www.june collaborative will also reach teenthminnesota.org This out to individuals and organi- year’s Juneteenth is a Tozations whose work does not bacco Free, Alcohol Free, usually involve them with Drug Free event. ■

Gardens To See and Tremendous Trees - 3 pm - 4 pm; June 15, June 20 & June 29 - Evening Wildflower Walk - 6 pm - 7 pm; June 17 Strawberry Ripening New Moon Walk - 8 pm - 9 pm; June 19 - Wildflower Walk - 1 pm - 2 pm; June 20 - Birding at the Garden - 8 am - 9 am June 26 - From Bloom to Seed - 3 pm - 4 pm: June 27 - Prairie Wildflowers - 1 pm - 2 pm To register for programs or for more information, contact 612-370-4903. The Eloise Butler Wildflower Garden and Bird Sanctuary is located ½ mile north of 1-394 on Theodore Wirth Parkway.

Lyndale Park Gardens This garden features a 1.5 acre rose garden, 2 acre peace (rock) garden, a 1 acre perennial-annual garden and the perennial trial border. Garden Guides are available at the entrance to each garden.

The Lyndale Park Gardens Located on the northeast shore of Lake Harriet, Loring Park Garden of the Seasons This garden was designed by neighbors and planted with hardy Minnesota perennials, ornamental grasses and annuals, the garden is a delight throughout the growing season. The gardens will be a

great display of color in June so come relax on the benches that surround the garden and enjoy the beauty and serenity.

To volunteer to assist at this garden, call 612-237-6050.

The Loring Park Gardens are located on the north side of the Loring Pond Bridge.

Carl W. Kroening Interpretive Center Visiting North Mississippi Regional Park and Interpretive Center is an exciting way to experience Minneapolis and the Mississippi River at any time of the year. June Programs: June - 26 - Gardening Tips - 10 am to 11 am and Sprouts - 1 pm to 2 pm. ■

Self-Advocacy Resource Network Celebrating 33 Yrs Of RENTAL • SALES SERVICE • REPAIR

Is Self-Advocacy important to you? Take action.

Join the Self-Advocacy Resourec Network, a free, no-obligation opportunity to connect with other promoting self-advocacy for people with developmental and other disabilities. ACT is a nonprofit group of selfadvocates who support the work of self-advocacy across the country with training and materials. As part of the network you get a weekly email about community organizing and training, the printed Self-Advocacy Quick Guide and links to activists nationally.

IN-HOME ASSESSMENTS TO DETERMINE MEDICAL EQUIPMENT NEEDS

(952) 933-1126

ST PAUL (651) 641-1917 8:30 - 6:00 M-TH · 8:30 - 5:00 FRI 8564 EXCELSIOR BLVD HOPKINS FREE DELIVERY AND SET UP · MINIMUM ORDER APPLIES MPLS - ST. PAUL & ALL SUBURBS

To sign up: call ACT at 800-641-0059 or e-mail act@selfadvocacy.org It’s free. It’s valuable to you.

ACT

Advocating Change Together

SELF-ADVOCACY RESOURCE NETWORK

June 10, 2004

On Making It Living With A Disability

by Dan Wilkins

A

s I travel the country and world, the people I meet who are living with (and without) disabilities and “making it” are those that have three key attributes: First, they have an undying belief in themselves; in who they are. Like the Buddhists who ‘know’ they are sitting, walking or eating, these folks ‘know’ where they fit in the grand scheme. They pay no attention to the assumed limitations and restrictions placed on them by others.

They blaze new trails, chang-

ing attitudes along the way.

Second, they seem to have a great support system in family and/or friends; people with and without disabilities who see them for who they are.

Third, they have an indefatigable (I’ve been wanting to use that word in a sentence for years) and bodacious sense of humor. They see their disabilities for what they truly are: a part of life; of the human experience and, therefore, subject to the “slings and arrows of outrageous fortune”.As I have said, for

me, some of my funniest experiences have been directly related to my disability and that, quite often, it has had to do with someone else taking my disability far more seriously than I (my acute care doctor for instance). Now there’s a funny story . . . To laugh is to survive. . . ■ Copyright © 2000. Dan Wilkins and The Nth Degree.

800-241-8468. www.thenth degree.com.

2.

3.

4.

Give up politically and 5. socially correct conversation and become a single minded, repetitious communicator of the message of individualized empowerment - so that when people see you across the street, your message will register in their minds even though you say nothing.

Speak to people with words of love, giving them sincere, loving praise for the distinctive positives that everybody has. They will be glad to 6. see you coming and be far more likely to internalize your message of empowerment.

Recruit your family members and friends first.

People from age one to a hundred can be good advocates. Severely dis- 7. abled people living in nursing homes can be good advocates. Small babies and dogs can carry good buttons and signs with great effect.

The vital election cam- 8. paigns of 2004 are fully underway. Become a politician, promoting your agenda everyday through every political process. Volunteer and contribute money to the campaigns of good politicians. You will have ten times more influence than if you simply ask them for favors. Get into politics as if your life depended on it—because it does—and the lives of your children’s children.

Be an aggressive participant in your local and national advocacy organizations - from AAPD, LCCR, CCD, NCIL, ADAPT, DREDF, people first, psychiatric survivors and People for the American Way to your local independent living center, disability and civil rights coalitions. If you support them they will support your advocacy for individualized empowerment.

Become a media person - 9. If there is no crosswrite letters to the edidisability action group in tors, participate in radio your area, form one. and TV talk shows, Thirteen penniless people become friends with mestarted the Christian revodia employees and busilution, and the same ness and political staff. number started the modBecome a media profesern Chinese revolution. sional.

10. When necessary, send Use the electronic techyou message of love and nology to send out brief truth with militant action. talking points on the You will be surprised issues - make sure they how small demonstration are 100% accurate. Most at a political, media or political advocacy is obbusiness office can vious exaggeration. It change attitudes. ■ goes directly into the wastebasket.

CORPORATE TAX EVADERS ($105.2 billion): According to the Treasury Department, corporations are very skilled at avoiding paying their taxes, costing the government billions of dollars annually. Closing loopholes and making corporations pay their fair share of taxes will raise over $100 billion annually for health care

THE 2001 TAX WINNERS ($206 billion): H.R. 676 would repeal the Bush tax cut of 2001 and invest the Bush administration’s “economic stimulus plan” of 2003 into health care. “Redirecting this funding into health care spending would provide a genuine economic stimulus while providing an important public service,” says the PWG. HOUSEHOLDS ($65.9 billion): Total household expenditures will drop from $326.7 billion to $65.9 billion annually. The only expenses left for individuals will be over-

sists of a combination of housing, personalized supportive services and health care designed to meet the needs -- both scheduled and unscheduled -- of residents.

Unlike the previous categories, assisted living programs usually incorporate private units, like apartments, for each resident.

However, programs may include congregate dining, activities, and transportation for participants.

Assisted living maintains a high level of security and greatly expanded privacy, freedom of expression, independence, authority, and responsibility.

The next step we take leads us to what I refer to as home care communities.

Usually, a traditional home care provider will offer services to a group of individuals residing in relatively close proximity within a residential setting (e.g. apartment building).

Such programs still meet both scheduled and unscheduled needs within private residential units. However, unlike the previous categories, home care communities do not integrate congregate dining, activities, or transportation for participants. Therefore, a high level of security, privacy, and freedom of expression are offered while providing greater independence, authority, and responsibility.

Leader s Leaders Read

651-644-2133 access@mninter.net

Payer National Health Insurance (“Financing National Health Insurance February 4, 2003”) on the web at http:// www.pnhp.org/nhibill/nhi_ financing.html ■

Next month, in Part 4, we’ll take a look at some specific You can read the entire implications of a National proposal of the Physicians Health Insurance system for Working Group on Single- people with disabilities.

Total budget: $1.861 trillion

Then comes traditional home care, where individuals choose their residential location and hire an agency to deliver home health care. Unlike the alternatives described thus far, due to smaller individual resources, support staff usually visit for a specified period of time, perhaps visiting several times per day, to provide assistance. Therefore, scheduled assistance is still provided, but unanticipated needs falling outside of these scheduled visits must either wait or be satisfied in other ways. Thus, some security is traded for greater authority and responsibility.

Home Care Cooperatives Building upon traditional home care while borrowing concepts from PCA Choice creates what I refer to as home care cooperatives.

These cooperatives, like home care communities, exist within residential settings (e.g., apartment buildings, townhouse communities, multiplexes) wherein members live in relatively close proximity.

Different from home care communities, the individual members, clients, agree upon the location. Plus, incorporating aspects of PCA Choice, the group of members selects, hires, trains, and manages their health care staff instead of being assigned staff managed by an agency. Therefore, like home care communities, scheduled and unscheduled assistance is available, thus a high level of security is maintained while achieving a high level of authority and responsibility.

Currently in Minnesota, PCA Choice offers the highest levels of privacy, freedom of expression, independence, authority, and responsibility.

However, the tradeoff results in the lowest level of security.

the-counter drugs (such as aspirin), elective cosmetic surgery, etc. This represents an 80 percent reduction in current out-of-pocket ex- (David Hancox, Executive penses.

Director of MCIL, pictured above.)

OTHER ($44.5 billion): Existing funds raised from donations from individuals, foundations and from hospital gift shops will continue to contribute a small percentage of the total budget.

Traditional Home Care

PCA Choice

Read er s eader ers Lead

INSURANCE - Cont. from p. 4 percent of all stocks. About half of all households own no stocks at all, not even in mutual funds or pension plans.

CARE - Cont. from p. 5

Home Care Communities

DREAM - Cont. from p. 3

7

An individual is solely responsible for recruiting, hiring, training, managing, and arranging back up plans in the event a home care assistant becomes ill, injured, or otherwise unable to help. Because there are few administrative expenses (e.g. just background checks, payroll, and billing), more resources are left over to pay employees a higher hourly wage.

Cash and Counseling Although not available in Minnesota at this time, a model referred to as “cash and counseling” is being tested in Arkansas and a few other states. Expanding upon PCA Choice, Cash and Counseling eliminates the need for someone else to process payroll and billing. The client is provided the cash directly and is responsible for paying staff members, withholding taxes, purchase supplies and equipment, etc.. The client is able to access “counselors”/consultants as resources when questions/challenges arise. As a result, an even greater of independence, authority, and responsibility are achieved.

So, as you can see, a wide variety of options exist within the “long-term care continuum” depending upon the levels of privacy, freedom of expression, independence, authority, responsibility, and security preferred or required.

Although I have just recently learned of this book, and have not had a chance to pick it up yet alone read it, it expands upon this discussion of longterm care alternatives: Independent Living: A Viable Option for Long-Term Care written by Andrew I. Batavia and published in 2003 by ABI Professional Publications; Clearwater, Fla..

Complex? Well, at least it isn’t the space-time continuum! I got a headache just mentioning THAT! ■

LOGO CONTEST The Minnesota State Council on Disability is offering: A $500 award for the design of a new Logo depicting its work on disability issues in Minnesota.

The winner will be announced in August and publicly recognized at the 2004 Awards Luncheon on September 30.

Further information is available at: www.disability.state.mn.us or, contact MSCOD at 651-296-6785 V/TTY or 1-800-945-8913 V/TTY.

MSCOD, YOUR SOURCE FOR INFORMATION, REFERRAL, TRAINING & TECHNICAL ASSISTANCE ON ACCESS, EDUCATION, EMPLOYMENT, HEALTH CARE & TRANSPORTATION.

8

June 10, 2004

Service Animal Protection Bill Passed

National Self-Advocacy Conference

by the University of Minnesota News Service

by Cliff Poetz

W

hen Phillip attack, and 89 percent experi- of veterinary care and retrainKragnes’ guide enced interference by a loose ing,” Kohls said. “The intent dog was attacked or uncontrolled dog. When of this bill is not to jail an by another dog several years their companion is attacked, individual because of their ago, it was so seriously the handler’s mobility and dog’s actions, but to give injured that he had to retire the freedom are severely re- courts the option of making dog and spent thousands of stricted. If a service animal is that person pay for the dollars out of his own pocket left ineffective due to an damage.” “Service animals for a replacement. Starting altercation, an owner may be provide essential assistance to August 1, 2004, Kragnes and hundreds of other service animal users will have peace of mind knowing that they will be covered financially by a new law signed last week

by Governor Tim Pawlenty and coauthor Representative Paul Kohls (R Victoria) and Senator Chuck Wiger (DFL-St. Paul). Under the new law, if a service animal is attacked by another person’s dog, the service animal owner can receive restitution for losses including veterinary expenses, lost wages and animal replacePhillip Kragnes (middle), an adaptive technology specialist with the Uniment. versity of Minnesota’s Office of Disability Services, is pictured with his

Kragnes is Presi- guide dog Wanetta, Governor Tim Pawlenty and Representative Paul Kohls (R Victoria) after the signing of an animal protection bill. dent of Minnesota Guide Dog Users (MNGDU), a non-profit or- forced to spend a significant their handlers,” said Wiger, ganization that promotes the amount of time and expense who was asked by a North St. acceptance of dog guides, to replace and/or retrain the Paul constituent to address the issue. “Attacks are trauworks for the standardization animal. matic and emotionally taxing and enforcement of laws protecting them, and provides “This law will provide in- on both the service animal and educational and public aware- creased incentives for owners the owner. In the event of an ness services. Service ani- to maintain control of their attack, service animal owners mals are highly trained and dogs,” said Kragnes. “Our need to know they will not be greatly enhance a disabled goal is not to put someone in forced to bear the costs.” person’s life. However, they jail, but we [service animal are frequently attacked by handlers] feel that when our Contacts: Wiger, (651) 296other animals. A 2003 survey dogs are attacked, we should 6820, Kohls (651) 296-4282, determined that approximately not have to suffer the financial Kranges (612) 626-0365. ■ 42 percent of guide dog teams consequences.” “Attacks can had experienced at least one be exceedingly costly in terms

Handi Medical is Your First Choice for Medical Products and Equipment Services.

Visit Our Large Fully-Stocked Showroom Open to the Public • Wheelchairs (with complete repair service) • Walkers/canes, crutches

• Incontinence/Urological supplies • Ostomy/wound care • Bathroom safety aids

GREAT SERVICE & PRICES We offer 24-hour Emergency Service exclusively to our regular customers. Free UPS and deliveries to Mpls., St. Paul & Suburbs.

Insurance Billing Service providers for MN Medical Assistance, Medicare, Medica, Health Partners, Preferred One, UCARE, Blue Cross/Blue Shield and many others.

Handi Medical Supply 2505 University Avenue West St. Paul, MN 55114

(651) 644-9770

F

ourteen members of Advocating Change Together (ACT), People First Minnesota and People First New Ulm, attended the National SelfAdvocacy Conference, May 27-30, 2004 in Anaheim, California. The conference brought 1,400 people from 40 states together to discuss disability issues, combine national organizing efforts, share information and network with disability rights activists. The main theme of the conference was to promote choice, empowerment and disability awareness.

People First Minnesota advisor Cliff Poetz reports that the conference is “about shifting perspective about what it means to be a person with a disability; it’s about naming the fact that people with disabilities don’t need to change to fit society – society needs to change to accommodate all people.” Poetz adds that one of the goals of People First Minnesota is to get better connected with the national movement and that attending a conference like this one “is a great way to build relationships and learn from others.”

He was particularly impressed with the work of the national self-advocacy group SelfAdvocates Becoming Empowered (SABE) in their ‘get out the vote’ efforts. He will use some of the resources they shared at the conference to jump-start People First Minnesota’s efforts to engage people with disabilities in the November election.

One of the goals of the Minnesota self-advocacy movement as defined by the eight self-advocacy groups from around the state is to

Hunter Sargent (left), Gloria Steinbring and Charlie Applequist were in the delegation of 14 Minnesotans who attended the National Self-Advocacy Conference on May 27-29 in Anaheim,

increase leadership and participation in the disability rights movement by people of color. Carol Robinson (whose participation in the conference was sponsored by the Headwaters Fund of Social Justice) spent her time at the conference meeting with groups to create strategies on how to promote diversity efforts on both a local and national level. “I’m jazzed,” says Robinson. “I met with people of color from all around the country to talk about our goals, our dreams and our vision for the future.

Robinson reports that she will continue to hold the local groups accountable for diversity efforts and will stay connected with what is happening on a national level.”

Advocating Change Together’s History Exhibit was a main attraction at the conference. The 21-panel exhibit traces perceptions, attitudes and services in the history of persons with developmental and other disabilities. People First Minnesota Advisor John Smith says that “it’s great to

have something visual to refer to, to make connections to our history, and see how change happens over time.” Smith adds “I think setting the stage with visuals is so important to creating an atmosphere for change, power and collective action.”

Poetz reports that the national conference was definitely successful in energizing Minnesota’s self-advocacy groups to continue their important work in helping folks with developmental and other disabilities see themselves as part of a larger disability rights movement.

Minnesota was well represented at this national event and participants are eager to share what they learned with the community.

For more information about what’s happening in the Minnesota Self-Advocacy Movement, or to get involved, contact Rick Cardenas at Advocating Change Together, 651-641-0297 or John Smith at People First Minnesota 612-624-0219. ■

Are you interested in a career as a Customer Service Call Center Representative?

Goodwill/Easter Seals Customer Service Call Center training can show you the way!

Did you know that: • Roughly 3% of the entire US workforce is employed in a call center or customer service capacity!

• According to the Minnesota Workforce Center, the median wage in Minnesota for customer service representatives is $13.35/hour • Major employers are banks, credit unions, inbound telephone call centers, and insurance companies In training you will receive: • Free six-week classroom training (4 days/week) • Instruction in customer service skills and computer literacy • Instruction in job seeking and job keeping skills • Career guidance to obtain a position as an inbound customer service or call center representative • Placement assistance and career development support after training

Training begins June 28th • Class size is Limited • Call Today!

Information session will be held on June 14, 2004.

For more information and to register for the upcoming Information Session, contact: Emmy Kruger at (651) 379-5879; Goodwill/Easter Seals; 553 Fairview Ave N., St. Paul or visit www.iseek.org/sv/13000.jsp?id=100293 *Wages vary by employer and the representative’s level of responsibility.

June 10, 2004

Big Night Of Dancing & Fun

9

Interfaith Inclusion Consortium: A Model For Others To Follow

by Donn Poll

Y

I

t was a big night for more than 300 people with disabilities and their families and friends. It was Prom night for Amy’s Cardinal Nest, a social group that brings together young people with disabilities every week in Coon Rapids. The community stepped in to add luster to an

ou’ll have to run to catch up with her, but when you find Ginny Thornburgh she will be delivering her message loud and clear: all faith communities can create more opportunities for people with disabilities to have a fulfilling spiritual life. At the National Organization on Disability (NOD), Thorn-burgh is Director of the Religion and Disability Program http:// www.nod.org/religion/ index.cfm. In a recent visit to the Twin Cities, she found something “unusual and amazingly wonderful:” an interfaith group working yearround to promote inclusion among faith communities.

The Prom was free to everyone, with expenses defrayed from the regular admission of $4 ($3 if you bring food for the local food shelf). Crowds to Amy’s Cardinal Nest regular Monday evening gatherings are around 100, so That group, the Interfaith attendance at this event was a Inclusion Consortium, invited real surprise to its hosts. Thornburgh to be the keynote speaker at “The Faces of Inclusion: Welcoming People with Disabilities into Faith Communities,” a conference in Minneapolis on May 6, 2004. She had high praise for the conference, but even higher praise for the consortium itself.

“Lots of conferences have an excellent team that puts the event together, but the follow-up is often lacking,” Thornburgh said. “The Interfaith Inclusion Consortium is evening of socializing and Amy’s Cardinal Nest was a real resource that congregadancing. The space was named by Amy’s parents tions and folks with disabilidonated by the American Edward and Beth Graham, ties can call for information, and it’s made up of a variety Legion in of committed organizations “ Coon Rapids with emphasis on the word and balloon ‘committed.’ This is very pillars were unusual and, in my opinion, a donated by model for others to follow.”

Balloons Galore and More The Interfaith Inclusion Conof Coon Rapsortium works with faith ids. Students communities to encourage the from Blaine inclusion of people with High School disabilities in every aspect of volunteered to religious life. Arc Hennepinhelp serve Carver and Jewish Family and food. When Children’s Service of Minnefood ran out, apolis spearheaded the formavolunteers tion of the consortium in 2003 joined the dancing to a favorite local DJ 763-755-4123, who started after the first “Faces of who had as much fun as the the club as a safe, fun place for Inclusion” seminar. Today 13 dancers. Volunteers also took people to meet new friends organizations belong to the consortium (see the listing photos of the attendees under and visit with old. ■ below). an arch of flowers.

Thornburgh’s mission is to foster dialogue between the disability community and the religious community in order to meet a need that is often overlooked.

“For many people with disabilities and their families, access to faith is just as important as access to education, employment, transportation, health care and community,” she said.

“However, not as much muscle has been put behind spiritual and religious access. The point isn’t to impose faith on

people; it’s to acknowledge that faith is one of many considerations important to people with disabilities.”

Thornburgh is the co-author of That All May Worship, a book offering common sense advice to help faith communities become more inclusive. “That All Seated from left to right are Luann Palmer, Shelly Christensen, Tracy May Worship has Smith, Ginny Thornburgh, Barb Lemke and Cliff Poetz; standing from ideas any congre- left are Beth Gendler, Zack Gill, Susan Gill, Julia Apaloo, Ron gation can use to Cottone, Jo Clare Hartsig, Katy Thuleen and Jeanne Dicke. transform itself into a place of welcome.” she For example, a congregation the following: said. “It’s not difficult. It could ask a person with involves a change of heart” disabilities to meet with its • Arc Hennepin-Carver, Barb just realizing that this is facilities committee and do a Lemke, (952) 920-0855 important. “roll-through” to determine • Jewish Family and the existing barriers and how Children’s Service of Min“When I speak at confer- to remove them. “Congreganeapolis, Shelly Christensen, ences, I talk about barriers” tions get nervous about pay(952) 542-4838 barriers of architecture, barri- ing an architect to do an • Arc Great Rivers, Luann ers of communications, and architectural study because Palmer, (651) 523-0876 barriers of attitude. “ Barriers that’s expensive,” said • Bethesda Lutheran Homes of attitude are the toughest of Thornburgh. “Instead, they and Services, Jeanne Dicke, all,” she continued. “Attitude could invite people with (651) 603-6279 affects my longing to be your disabilities and experts from • Bloomington Human Serfriend. Genuine friendship is, organizations such as indevices, Tracy Smith,(952) in my mind, the most impor- pendent living centers to 563-4955 tant accommodation we can review the congregation and • Disability Awareness Minoffer another person. Once I come up with ideas. Small istries, Inc., Ron Cottone, am your friend, all kinds of steps and a little creative (612) 239-3264 amazing things happen.” energy can make a big dif- • JRG Ministries, Susan & ference.”

Zack Gill, (763) 420-4774 Thornburgh believes the most • Lutheran Social Services, important step religious com- Inclusion is a concept that all Sara Hartrgraves,(651) 260munities can take is to faiths can embrace. “There’s 0936 empower people with dis- no Reform Jewish way or • Sabes Jewish Community abilities. “People with dis- Methodist way or Roman Center, Scott Barr, (952) abilities should have an op- Catholic way to welcome 381-3425 portunity for a full life of people with disabilities into • St. Paul Jewish Community faith, which includes worship, the life of the congregation,” Center, Beth Gendler,(651) study, service and leader- said Thornburgh. “There’s 698-0751 ship,” she said. “The most just the polite, respectful way. • St. Stephen’s Church Speintriguing of these is leader- The principles of welcome cial Needs Program, Julia ship. It’s important not to and hospitality apply to all Apaloo, (612) 870-2267 assume people with disabili- faiths.”

• United Church of Christ ties want to be the recipient of Disability Ministries, Jo things people do for them, but For more information on Clare Hartsig,(952) 476to use their gifts and talents in the Interfaith Inclusion 4782 ■ the congregation.”

Consortium, please contact

10

June 10, 2004

Upcoming Events JUNE June 11 and 12 Common Vision Workshop Advocating Change Together (ACT) and People First Minnesota A leadership training program uniting people with disabilities and their allies via multi-day retreats, resource materials, and follow-up technical assistance. The program provides a strong historical perspective of disabilities and connects it to a broader civil rights history. Common Vision focuses on building skills needed for individual advocacy and system change organizing. The long-tem goal is to build a network of persons with disabilities that can organize on issues of common concern. This workshop will be held in Mankato, MN. To register call Kathy at ACT 651-641-0297.

June 12 Sixteenth Annual “Walk n’ Roll” Wheel-a-thon Sponsored by Wings Lake Harriet, 10 to 2, Free Food, 612-866-0462 ext 130 June 15 To Disclose or Not to Disclose. What are the Pros and Cons?

Sponsored by MCIL and ADA Minnesota MCIL – 1600 University Avenue West St. Paul, MN; 1:00 – 2:30pm Often people ask: What are my legal obligations? What do I have to tell an employer about my disability? There are almost as many views on whether or not (and when) to inform an employer of your disability, as there are companies to apply to. When your time comes to apply to companies it is important that you consider all the factors involved in your final decision as to when and how to tell your prospective employer about your disability. Join this session to hear the pro’s and con’s of disclosure and get some advice on how to manage this challenging issue.

This audio teleconference is free of charge, but space is limited so please RSVP your attendance to Cindy Tarshish at 651-603-2015 or email at cindyt@mcil-mn.org. Please RSVP early if you need an accommodation or alternative formatted materials.

June 19 Habitot Dog Days of Summer Sponsored by Cub Foods Minnesota Children’s Museum, 6:00 pm to 8:30 pm, Kids can enjoy yummy treats, create a “boneafide” painting,

JULY meet a Helping Paws service dog and also meet Clifford July 7 The Big Red DogTM. Space is limited. Cost is $8/member Youth Leadership: “Creand $12/non-member. Regis- ating Leaders For The Futer by calling 651-225-6004. ture Of The Il Movement” The Museum is located at Teleconference, Seventh and Wabasha streets Sponsored by IL NET om downtown St. Paul. For 6:00 P.M. E.T. 24-hour information visit Registration deadline is June www.mcm.org or call 651- 4, 2004. For more informa225-6000 tion go to http://www.ilru.org/ online/calendar.html.

June 21-26 National Sports Festival July 17 National Disability Sports Self-Advocates Sing Out! Alliance - New London, CT Music for Social Change The nation’s biggest event for Sponsored by Remembering athletes with physical diswith Dignity, Advocating abilities.

For more info Change Together, People contact 860-267-6751, www.

First Minnesota and the nationalsportsfestival. org Augsburg College Social Work Department.

June 23 – 25 Conference About The Join us for a day of singing, Complexities Of Co-Occur- song writing and fun. Sat., ring Medical Conditions July 17th 9am to 5pm. Lunch Co-hosted by NIDA this provided. This day-long event meeting will share research will take place on Augsburg aimed at improving care for campus in the Christiansen people with coexisting men- Center at 720 22nd Avenue in tal, substance abuse, and Minneapolis. Call Jim at ACT medical/physical disorders. at 651-641-0297 to register.

This conference will be held Everyone welcome! at the Marriott Wardman Park Hotel in Washington, DC. For July 19 - 21 more information go to http:/ Workforce Innovations /www.CCCconference.com/ 2004 Conference This conference will be held June 26 in San Antonio, TX. For more Movement for Living information go to http://www.

Sponsored by Medtronic and workforceinnovations.org/ United Cerebral Palsy (UCP) July 29 - August 1 Medtronic which is the world Northern Lights: Blazing leader in medical technology Towards A Cure providing lifelong solutions The Second Annual NPFfor people with chronic dis- YOPN Conference, Sponease. They have created sored by the National Medtronic ITB Therapy, Parkinson Foundation-Youngwhich is used to treat spastic- Onset Parkinson Network. ity resulting from various This conference will be held conditions, including CP and in Minneapolis, MN. For MS. The marketing depart- more information go to http:/ ment is currently working on / w w w . p a r k i n s o n . o r g / putting together regional pa- YOPN%20web%20regist.htm tient education programs about spasticity. The program will July 31 be 2-3 hour sessions, hosted Photography Contest by a physician and a patient International Library ambassador. The goal of the of Photography program, titled Movement for FREE ENTRY Living, is to educate patients Amateur Photo Contest is on spasticity and available open to all St. Paul residents. treatments. The programs will Everyone, particularly beginbe geared toward people with ners are welcome to try and CP and MS. The next pro- win their share of over 1,300 gram will be held at the prizes (60,000). For more Sheraton Bloomington. For info call 410-363-4800 ext. more information, please vist 121 or www.picture .com the (long) link to the Medtronic Website that should help AUGUST answer any questions you may have: http://www.med August 27 tronic.com/servlet/ Minnesota State SelfContentServer?pagename= Advocacy Conference Medtronic/Website/Stage People First Minnesota Article&ConditionName= Mark your calendar for the Severe+Spasticity&Stage= State Self-Advocacy conferT r e a t m e n t & A r t i c l e = ence in St. Cloud August 27th spastic_art_benefit and 28th. Call John Smith at People First Minnesota at 612-624-0219 for details.

More information to follow in the July issue of Access Press.

SUMMER EVENTS Mill Ruins Park offers a variety of fun and interesting programs throughout the summer.

Historical Walking Tour of the area around Mill Ruins Park, St. Anthony Falls, and the Stone Arch Bridge, every Saturday and Sunday Through October at 1pm and 3pm. Fee $4-$6.

Second Sunday Fun - Discover the fascinating history of Nicollet Island. June 13 & July 11. Fee $4-$6.

Location: Mill Ruin Park is located between the Mississippi River and West River Parkway at Portland Ave. in Downtown Mpls. next to the Stone Arch Bridge. For more information, please contact Kathy Swenson at 612-3137793 or e-mail millruins@ minneapolisparks.org Writing the Roller Coaster Family Institute for Creative Well-Being Up one minute - down the next? Take time to reflect on your experience of ups and downs, joys and sorrows in the company of those who are taking a similar ride.

For Youth and Young Adults (high school through 20s) including siblings and close friends. The individual with a chronic illness or disability need not be a writer but must be able to express ideas.

Tuesdays, July 20, 27, August, 3, 10, 17, 24 from 4:00 pm to 6:00 pm at Gillette Lifetime Speciality Clinic at 5500 Cty Rd D, New Brighton.

For more information contact Family Institute for Creative Well-Being at 651-779-8199 or e-mail diane@familyinsti tute-cwb.org or visit their website at www.familyinsti tute-cwb.org

calendars for the Brain Injury Association of Min-nesota’s 3rd Annual Walk for Thought scheduled for October 2, 2004. It’s not too early to volunteer as a team captain and start forming your team!

October 3-9 Mental Illness Awareness Week October 4-5 Courageous Conversation Bridging the Divide St. Louis County Health & Human Service Conference.

For more information call Mary Bridget Lawson, 218726-2140, lawsonm@c.stlouis.mn.us

FALL EVENTS September 8-12 NAMI National Convention September 18 Heel & Wheel Hearing and Service Dogs of Minnesota 11 th Annual Fundraiser for Hearing and Service Dogs of Minnesota For more information call 612-729-5986 or check out their website at www. hsdm.org

October 8-9 The Arc of Minnesota’s annual state convention Northern Lights Casino and Hotel in Walker, MN. November 6 Ability Expo National Multiple Sclerosis Society at the Northland Inn, Brooklyn Park - Call Scott Olson for more information at 612-335-7981 or 1-800-5825296

October 2 November 13 Walk for Thought NAMI-MN For Adults (parents, grand- Brain Injury Association of Annual Conference parents, and adult caregivers), Minnesota. Please mark your ■ having a child with a disability or chronic illness is a wild, turbulent ride through life.

Come share your stories.

Mondays, (2nd and 4th) - June 14, 28, July 12, 26, August 9, 23 from 7:00 pm to 9:00 pm at the Falcon Heights United Church of Christ, 1795 Holton Street, Falcon Heights.

This Could Be Your Ad — Reach Active & Interested Readers, Call 651- 644- 2133 or visit us at accesspress.org

June 10, 2004

11

Accessible Performances 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.

Tuesdays with Morrie by Mitch Albom; Great American History Theatre, 30 E. 10th St., St. Paul, 651-2924320, www.historytheatre. com; AD: Sun., June 13, 2 PM, ASL: Sun., June 20, 2 PM; “A love song to a wise old professor who taught a young man how to feel.” (The New Yorker).

Marguerite Bonet by Val Smith; Commonweal Theatre, 206 Pkwy Ave. N., Lanesboro; 507-467-2525, 800-657-7025 or tickets@ commonwealtheatre.org; www.commonwealtheatre. org; ASL - Sun., June 13, 2pm; A young medium tests the faith of a respected scientist in post-World War I England. Physics & psychic phenomena develop an unusual bond in this poignant & hopeful story.

A Class Act; Music & lyrics

by Ed Kleban, book by Linda Kline & Lonny Price; Hey City Theater, 824 Hennepin Ave., Mpls, 612-373-565; www. aboutmmt.org; AD & ASL: Sun., June 13, 7:30 PM; This Tony nominee is a love letter to the musical theatre. It is the true story of the lyricists

of A Chorus Line & his lifelong quest for friendship, love & theatrical recognition, told in never-before-heard songs.

Sat., June 26, 1 PM (Free tactile tour 11, reservation needed.); In this ferocious comedy, words are used as weapons as a debate between doctors becomes the basis for an ideological struggle about race, class, mental illness & human isolation.

The Golem; Theatre de la Jeune Lune; 105 N. First St., Mpls, 612-333-6200; www. jeunelune.org; AD: Fri., June 18, 8 PM; Robert Rosen directs this company-created Blurring the Lines – Music collaboration & Gender by One Voice Mixed Chorus; Sundin Music Patrick’s Cabaret: 6 per- Hall at Hamline University, formers; Patrick’s Cabaret, 1536 Hewitt Ave, St. Paul, 3010 Minnehaha Ave. S., 612-332-1302 or www.ovmc.

Mpls; 612-721-3595; www. org; ASL: Sat., June 19, 8 patrickscabaret.org; ASL: PM; The Twin Cities’ GLBT Fri. & Sat., June 18-19, 8 PM community chorus colors outPatrick’s Artistic Director side the lines of social Sarah Harris will introduce an convention to explore the eclectic mix of professional & experiences of bisexual & emerging performers, each transgender individuals, crosswith 15-minute sets, including dressing, gender stereotypes, Deaf author Raymond Luczak, & songs about historical storyteller Loren Niemi, musi- figures who lived in society as cians Jon Paulson & Cherneh the opposite gender. Songs Coblentz, & performers include The Gender Polka, Cherie Anderson & Anne William’s Doll, Ann Reed’s Dimock.

Power Tools are a Girl’s Best Friend, Elizabeth Alexander’s Blue/Orange by Joe Penhall; A Palate to Paint Us, A Far Guthrie Theater; Guthrie Lab, Better Man, Paul Kovacovic’s 700 N. First St., Mpls, 612- Our Voice of Truth & more.

377-2224, TTY 612-3776626; www.guthrietheater. Vanishing Point; Book & org; ASL: Fri., June 18 & Lyrics by Liv Cummins & Tue., June 22, 7:30 PM, AD: Rob Hartmann; original con-

cept & additional lyrics by Scott Keys; Illusion Theater, 528 Hennepin Ave, 8th floor, Mpls www.illusiontheater. org; AD: Sun., June 20 at 7pm; How can three famous women vanish into thin air?

Agatha Christie (played by Patty Nieman), Amelia Earhart (Aimee K. Bryant) & Aimee Semple McPherson (Beth Gilleland) find themselves together on a remote island – in a musical fantasy with comedy & intrigue.

Greater Tuna by Joe Sears, Jaston Williams & Ed Howard; Performed by: Blmgtn Art Center Gallery Players; Blmgtn Center for the Arts, 1800 W. Old Shakopee Rd., Blmgtn, 952-563-8587, www.

Blmgtnartcenter.com; ASL: Thur., June 24, 7:30 PM, sponsored by Blmgtn Night Lions Club; A hilarious comedy about Tuna, Texas, where the Lions Club is too liberal & Patsy Cline never dies. Two actors portray an assortment of eccentric townspeople.

Les Miserables by Alain Boublil & Claude-Michel Schönberg; Ordway Center for the Performing Arts, 345 Washington, St. Paul, 651-

224-4222, TTY 651-2823100; www.ordway.org; AD & ASL: Sat., June 26, 2 PM.; Winner of the 1987 Tony Award® for Best Musical & more than fifty major international awards, this epic saga based on Victor Hugo’s classic novel sweeps through three turbulent decades of 19th century France

Brigadoon by Lerner & Loewe; Performed by: Cross Community Players; Maple Grove Sr H.S., 9800 Fernbrook Lane N., Maple Grove; 763-391-ARTS (2787); www. crossplayers. org; ASL: Sun., June 27, 2pm; Deep in the Highlands of Scotland, a magical town appears for only one day every hundred years.

Songs include “Almost Like Pride 2004 Concert: Being in Love” & “The ROCKET MAN! The Music Heather on the Hill.” of Elton John; Performed by: the Twin Cities Gay Men’s Footloose; Applause ComChorus; Ted Mann Concert munity Theatre; Burnsville Hall, 2128 Fourth St. S., Mpls H.S. Mraz Center, 600 E. 612-339-7664 www.tcgmc. Hwy. 13, Burnsville; 952org; ASL: Sat., June 26, 8 PM; 895-1234; www.applause This collection of Sir Elton’s communitytheatre.com; greatest music will contain all ASL: Fri., July 9, 7:30 PM of your favorites. A little bit serious, a little bit camp, a bit The Wizard of Oz; Duluth of Disney — & a ton of fun!! Playhouse Depot Theatre, 506 W. Michigan St, Duluth; 218See How They Run by Philip 733-7555; www. duluthplay King; Performed by: Theatre house.org; ASL: Fri., July 9, in the Round Players, 245 7:30 PM; Just in time for the Cedar Ave., Mpls, 612-333- twister season, this is the 3010, www.theatreinthe classic musical tale of Dorround.org; AD: Sun., June 27, othy Gale, who journeys down 2 PM; A fast-moving, un- the yellow brick road in a abashed farce about a ram- magical land called Oz with bunctious American soldier, three unforgettable companan escaped Russion revolu- ions to have their hearts’ tionary, & the dwellers of a desires granted by the Great Wizard. ■ peaceful English village.

12

June 10, 2004

News At A Glance . . .

Phillips Awards Deadline Extended

loaning money needed to acquire medical equipment and other health care providers (e.g. mergers). As Intrepid has actively purchased several home health care agencies throughout the United States over the past decade, it had relied heavily on DVI for loans. Then, last year, DVI began to experience financial problems of its own and had called a “timeout” (Chapter 11 bankruptcy). Because of DVI’s apparent shortage of cash, it was unable to provide additional funding for Intrepid. Therefore, since Intrepid’s money was tied up in the organizations it had purchased, it was enable to take out occasional short-term loans with DVI to assist cover operating expenses, its cash reserves ran low, and finally resulted in unbearable financial pressures that required some relief: Chapter 11. Currently, it looks as if Intrepid has found another financing company to help provide loans necessary to reorganize and work toward profit again. Only time will tell.

The Arc of Minnesota is accepting nominations for its 2004 Awards Program, to be held at The Arc of Minnesota’s annual state convention, October 8-9, 2004, at Northern Lights Casino and Hotel in Walker, MN. The Arc of Minnesota’s awards honor outstanding employers, teachers, volunteers, media, advocates, and individuals with developmental Opportunity Partners Unveils Career Camp disabilities. For more information, contact Mike Gude at 651During Career Camp, students will complete a career 523-0823 or 1-800-582-5256, ext. 113. assessment, tour work sites representing a variety of jobs, and learn about job-related topics such as interviewing and filling From ARC website out job applications. Two sessions of Career Camp will be A Florida judge has overturned the state law that allowed offered June 15-24 and July 13-22. The camp is geared for Governor Jeb Bush to order the resumption of feeding of Terri students with disabilities between the ages of 16-21. The cost Schiavo, a Florida woman who sustained a brain injury in 1990 for the camp is $300 per person and there is a 10 student limit and whom doctors say is in a “persistent vegetative state.” per session. For more information about Career Camp, contact Julie McGinley at 952-930-4277 or jmcginley@opportunities. The law was enacted by the Florida Legislature on a one-timeMedicare Changes:Prescription Drug Discount Card org only basis last October and reversed a series of court decisions Starting June 1, 2004, Medicare beneficiaries may enroll in the that had allowed Terri’s husband, Michael Schiavo, to discount card program that should provide a 10 to 25 percent Open Appointments/Application for Service withdraw life support, including nourishment, from his discount on prescription drugs starting June 1st. There is an The Minnesota State Council on Disability (MSCOD) is wife. After the law was enacted, Governor Bush ordered that annual fee of up to $30 for persons with incomes more than 135 seeking new applications for membership statewide. If you, or Mrs. Schiavo be moved from a hospice to a hospital and that percent of poverty. However, Medicare/Medicaid dual a person you know with a disability, would like the opportunity nourishment through a feeding tube be resumed. In the ruling beneficiaries, who receive prescription drugs through to become a positive change agent on issues impacting persons last week, Judge W. Douglas Baird of Pinellas Circuit Court in Medicaid, are not eligible for this program. A list of discount with disabilities, application for appointment is now open.

Clearwater said, “The court finds that the actions of the cards and more detailed information is available at Legislature and the governor violated Mrs. Schiavo’s right to www.medicare.gov and by phone at 1-800-Medicare.

The MSCOD is a twenty-one-member citizen group, privacy, due process and the separation-of-powers doctrine.” appointed by the governor, representing the State’s eleven He also said that the law enacted in October, “in every economic development regions. A majority of members must instance, ignores the existence of this right and authorizes the Ms. Wheelchair Minnesota be persons with disabilities, or parents or guardians of persons governor to act according to his personal discretion.” The Ms. Wheelchair Minnesota 2004, Misty Yanish, will represent with disabilities. Appointees serve a term of three years. governor’s office filed a notice of appeal immediately after the Minnesota at the Ms. Wheelchair America 2005 pageant in ruling. The Arc and UCP supported Terri Shiavo’s continued Richmond, VA., where she will also compete against 27 other A completed application form, resume’ and letter of intent receipt of nutrients and hydration.

Ms. Wheelchair titleholders for the title of Ms. Wheelchair should be submitted to the Office of the Secretary of State America. As Ms. Wheelchair Minnesota 2004, Yanish will (SOS). Applications are kept on file for a period of one year.

Open appointment information and application forms are Intrepid Home Care Calls For A “Timeout” also be available to speak with businesses, organizations, school groups and other members of the community to available at www.sos.state.mn.us or by contacting the

by Lance Hegland promote disability awareness and advocate for people with MSCOD office at: 1-800-945-8913 V/TTY or 651-296-5935 As you may have already heard, one of the largest home health disabilities.

V/TTY. The Council’s email address is: council. care agencies in the United States has sought protection from disability@state.mn.us. Interested parties may wish to view creditors while it reorganizes under Chapter 11 bankruptcy Yanish is a 21-year-old with Cerebral Palsy and is from Maple the Council’s website at: www.disability.state.mn.us. laws. Chapter 11 bankruptcy provisions provide companies Lake, Minnesota. She is currently attending St. Cloud the ability to recover from near-fatal debt under certain Technical College, pursuing a degree in Child & Adult circumstances. Generally, in order to file for protection under Development & Education. She is currently seeking sponsors Kids Shouldn’t Operate ATVs Until Age 16, these provisions, an organization must prove that it has to help cover the expenses to compete in the Ms. Wheelchair Says American Association of Pediatrics significant debt, as well as inability to pay them at the present America 2005 pageant. Businesses, organizations and An article in the April 2004 issue of Pediatrics, the journal of time. In addition, it must convince a judge that the organization individuals interested in sponsoring Yanish should contact the the American Association of Pediatrics (AAP), compares all- has the ability to take a “timeout”: step back, develop a plan to Ms. Wheelchair Minnesota State Coordinator, Jen Onsum, at terrain vehicle (ATV) injuries in two states - one with a helmet fix and further avoid the problems it currently experiences, and ms@mswheelchair mn.org. law and one without - and concludes that children under age 16 then continue operating in hopes of becoming profitable again. should not operate ATVs, even when wearing helmets. ATV It does not mean that a business is going to shut down or fail to The Ms. Wheelchair America is a program for women who are deaths have been increasing each year, and about one-third of satisfy the needs of its customers and employees. However, if U.S. citizens ages 21 – 60 who use a wheelchair on a daily the injuries and deaths have happened to children age 16 and the plan is not adequate or future unforeseen harmful events basis. The mission of the Ms. Wheelchair America Program is under. The article cites an AAP policy that operators should be “tackle” the plan’s efforts, the company may have difficulty to provide an opportunity for women of achievement who at least 16 years old, take a training course, wear helmets and “staying afloat.” utilize wheelchairs to successfully educate and advocate for eye protection, drive only in the daylight, and not carry a individuals with disabilities. It is important to understand that passenger.

According to documents filed with the District of Minnesota Ms. Wheelchair America/Ms. Wheelchair Minnesota is not a U.S. Bankruptcy Court, Intrepid and DVI, Inc., a large health beauty pageant. Contestants are judged on their accomplishMinnesota law currently requires ATV operators to have a care investment organization, encountered a dispute that may ments, self perception, and self-projection and communication driver’s license to operate an ATV on public land, but there are have led to financial problems at Intrepid. DVI, Inc. is a skills in personal and on-stage interviews with a team of no requirements for age or helmet use on private land. Helmets commercial medical finance company that specializes in judges. ■ are required only for people under age 18, and only on public land. Operators under age 12 cannot cross a public road.

Book Offers Insight for Parents of Children with Disabilities

3((5 0(1725,1*

0HWURSROLWDQ &HQWHU IRU ,QGHSHQGHQW /LYLQJ 8QLYHUVLW\ $YH : 6XLWH 6W 3DXO 01 9RLFH 77< )D[ KWWS ZZZ PFLO PQ RUJ 3(5621$/ $66,67$1&( 6(59,&(6 3$6

<287+ 75$16,7,21 6(59,&(6

$'92&$&<

“Reflections from a Different Journey – What Adults with Disabilities Wish All Parents Knew,” offers valuable insight for parents of children with disabilities. The essays are written by adults with disabilities and what they experienced growing up, and the book covers many different disabilities. Suggestions are offered for education and health care professionals, parents, family members and older children with disabilities. Marlee Matlin, an actress who is deaf, writes the forward, and co-editor John D. Kemp, attorney and advocate, born without arms and legs, writes the afterward. For more information, visit www.disabilitiesbooks.com.

,1)250$7,21 5()(55$/

Reprinted with permission from the Minnesota Department of Health’s Injury and Violence Prevention News.

5$03 &2168/7,1*

,1'(3(1'(17 /,9,1* ,/ 6.,//6

The National Children’s Center for Rural and Agricultural Health and Safety, part of the Children’s Safety Network, has ATV safety-related fact sheets, contacts, and resources for professionals. For more information visit http:// research.marshfieldclinic.org/children/resources/

6833257 *52836

Courage Center, a nationally-known rehabilitation and resource center for people with disabilities, has extended the application deadline for its annual Jay and Rose Phillips Awards from Tuesday, June 1 to Friday, June 18.

2004 Awards Program

June 10, 2004

13

DEADLOCK - Cont. from p. 1 be considered must be agreed upon and the session must be short—a few days. It is likely if a special session is called, items which would reduce the budget deficit for the next biennium would be included in any budget bill. This means that the Governor’s proposal to continue caseload limitations for the CADI and TBI waivers would likely be included in any special session budget bill.

the self-employed, estimated taxes must be paid on a quarterly basis. The Minnesota Department of Human Services (DHS) estimates that about 300 MA-EPD recipients will lose coverage because they are unable to meet these two new eligibility requirements.

The outlook for the next biennium remains grim for persons with disabilities who rely upon publicly-funded health care, community supports and education. The State is projecting a $442 million deficit which soars to over $1 billion if inflation is included. Given the persistent increases in

There were some cuts adopted during the 2003 session which take affect on July 1, 2004.

Two changes in eligibility requirements for the Medical Assistance for Employed Persons with Disabilities (MAEPD) will take effect July 1, 2004: 1) a new requirement that monthly earnings must be over $65 and 2) taxes must be withheld from wages or for

Social Security Overpayments: What To Do If

health care spending, the Legislature required DHS to study ways to eliminate ineffective health services and reduce spending in the Medical Assistance program, especially for persons with disabilities who are not in managed care plans. Stakeholder meetings are currently underway at DHS and information about the DHS health study can be found at: www.dhs.state.mn.us/ HealthCare/ServicesStudy.

This is an extremely significant study which will undoubt-

Need help or healthcare products?

Call us at 612-379-4027

by Rhonda Whitenack, SS Public Affairs Rep.

W

Know If You Get SSI at off the debt immediately by www.socialsecurity.gov/ writing us a check for the full amount owed. If you are no pubs/11011.html. longer receiving Social SecuBut what if you or someone rity benefits, the letter asks you know does get benefits you to repay the amount in that were not actually due? full, but again, it also offers a When we discover that you monthly installment option. have been paid incorrectly, we will send you a letter explain- If you currently are receiving ing the overpayment and tell- SSI benefits, which are paying you how much money you ments based on financial need, incorrectly received. The let- the overpayment letter exter also outlines repayment plains that we will withhold 10 percent of your future SSI options. payments until the debt is reIf you are currently receiving covered. If that would create Social Security benefits, we a financial hardship, you have generally will plan to with- 10 days to request a different hold those benefits in full un- repayment schedule. til the overpayment is recovered. If that would create a But both the Social Security financial hardship, you are and SSI overpayment letters given 10 days to ask to have us also provide you with certain withhold a lesser amount in legal rights. If you disagree monthly installments. On the with our decision that you were other hand, you also can pay SS - cont. on p. 15

A GREA T RESOURCE! GREAT

Dir ectAbility.com DirectAbility is a comprehensive, ever-expanding, award-winning, Internet directory devoted to disability-related products, services, resources and information throughout the state. Online at www.directability.com.

Further information about what happened during the 2004 session can be found at the legislative website: www.leg.state.mn.us. Also, it is important to remember that contact with legislators

about the importance of services for persons with disabilities is very important. Every seat in the Minnesota House of Representatives is up for election in November. And while the Senate is not up for election this year, it is important that your senators as well as those running for election to represent you in the House understand the importance of services for persons with disabilities in Minnesota. ■

MILS Celebrates 15 years of “Dedication and Quality” to its clients for PCA Homecare services and products.

You Get Benefits You Are Not Due e pride ourselves on paying people the correct benefit amount on time every month.

But people will sometimes get an incorrect benefit payment amount. Many times such overpayments happen because beneficiaries fail to report events that can affect their payment amount. We produce three publications that provide lists of “things you need to report” to make sure you are being paid properly.

They are available free of charge by calling 1-800-7721213, or you can find them at the Internet links indicated.

For people with disabilities, the publication What You Need To Know If You Get Disability Benefits is at www.social security.gov/pubs/10153. html. And SSI recipients can find their reporting instructions in What You Need To

edly affect persons with disabilities. Personal care assistant services are clearly in the cross-hairs of this effort and could well be the subject of proposals to change services and reduce funding in the next session.

MEDICARE/ MA CERT. / PRIVATE PAY

Staff: Front Row — Nancy, Wendy, M., Sheila Back Row — Christine, Becki, Eloise and Chad

Computerized Desktop publishing: Brochures Catalogs Direct Mailings Flyers Newsletters Newspapers Resumes and more!

Ellen Houghton • 952-404-9981 presentationimages@mn.rr.com

Access for All

The Minnesota Travel Guide for Persons with Disabilities www.accessminnesota.org 3680 Victoria St. N. • Shoreview, MN 55126 Office: (651) 481-4062 • Fax: (651) 787-2790 mike.chevrette@deluxe.com

Professional Directory Be Seen by Thousands!

Put Your Notice Here!

14

June 10, 2004

Working With A Disability Just Got Easier by the Brain Injury Association of Minnesota

O

n January 30, 2004, the California Work Incentives Initiative at the World Institute on Disability launched its new website “Disability Benefits 101: Working with a Disability in California” for workers and job seekers with disabilities. People with disabilities are often dissuaded from working and moving out of poverty by the risk of losing health care, which pays for survival essentials such as wheelchairs, ventilators and medicine (as cited by the US Government Accounting Of-

fice and other national studies). Over a million workingage Californians with disabilities are unemployed.

Many want to work, but are afraid of losing crucial health or other needed benefits and lack information to make sound decisions. Disability Benefits 101 provides updated and accurate information on employment, health coverage and benefits. The website will aid people with disabilities to make good financial and employment choices and will also serve as a much-needed tool for ben-

efits planners and service providers. Disability Benefits 101 features detailed descriptions of state, federal and private benefit programs and how they interact with employment. Other features are: • Articles featuring sample life situations • Guides to health coverage and benefit programs • Plain language descriptions and complete accessibility for screen readers • Access to local and other resources • Search engine, site map and glossary

In 2004, Disability Benefits 101 plans to install an interactive bulletin board where a Program Analyst will answer questions. On April 2, 2004, the Individual Development Accounts (IDAs) page was launched providing working Californians with valuable information on opportunities to build assets, see the website at: http://www. disabilitybenefits 101.org/ca/ programs/work_ benefits/ida/ index.htm “Providing essential, accessible benefit information is significant to helping Californians understand

their options for employment and making the critical decisions that will allow them to live as independently as possible,” states Catherine Campisi, Director of the California Department of Rehabilitation, one of the partners and grantors in the DB101 project, adding “Information is power and employment is independence for people with disabilities.” Disability Benefits 101 was created by the California Work Incentives Initiative at the World Institute on Disability; Options: A Benefits

Training Foundation; and web technology consultants Eightfold Way Consultants. Disability Benefits 101 is a unique state-focused project funded by The California Endowment, California Departments of Health Services, Rehabilitation and Employment Development, California Health Incentives Improvement Project (MIG), Community Technology Foundation, Alliance Health-care Foundation and North Bay Employment Connection. To learn more, go to: www.disabilitybenefits 101.org ■

reflecting unconstitutional treatment of people with disabilities by state agencies, such as unjustified commitment to state institutions, abuse of such institutionalized persons, and irrational zoning requirements barring group homes for persons with developmental disabilities.

The Court noted that the decisions of other courts also “document a pattern of unequal treatment in the administration of a wide range of public services, programs, and activities, including the penal system, public education, and voting.”

be provided in courthouses built before 1992, such as providing aides to persons, moving the proceeding to another accessible place, or making other nonstructural changes to otherwise inaccessible courthouses, such alternatives were acceptable to the court.

ees. The court’s decision leaves open the way to argue that the right to vote, to travel, to a public education, or to equal treatment in a correctional institution are also fundamental rights. The court remanded six cases seeking review to further brief the arguments it raised in this opinion. Most of these cases deal with persons seeking accommodations in college education or in correctional institutions. We will probably hear more about these cases later as they are argued

before the Court.

DECISION - Cont. from p. 1 same was not true under Title II where a fundamental right was involved.

The U.S. Supreme Court affirmed the Court of Appeals decision.

As in Garrett, the first question asked by the Supreme Court was: Did Congress intend by the legislative language in the ADA to limit the sovereign immunity exception of states to lawsuits for monetary damages? The answer, as in Garrett, is Yes. Again as in Garrett, the question was: Did Congress have the authority under the Constitution to impose such limitations of the states’ right to immunity? In Garrett, under Title I’s employment provisions of the ADA, the answer to that question was no. In Lane, under the Title II provisions of the ADA dealing with state and local government services, the answer, insofar as it involved access to courts, was yes.

The Supreme Court began its analysis by discussing the large body of evidence that Congress amassed, through legislative hearings and the creation of a special task force gathering evidence from each state, while creating a history to justify the enactment of the ADA. The Court noted that Congress’s conclusions based on that record are set forth in hearing transcripts, committee reports, a task force report, and the preamble to the ADA —including the finding that individuals with disabilities have been subjected to a history of purposeful unequal treatment and relegated to a position of political powerlessness in our society, 42 U.S.C. Section 12101(a)(7).

In addition to enforcing protections under the 14th amendment of the Constitution, the Court said that Title II, also seeks to enforce “a variety of other basic constitutional guarantees, infringements of which are subject to more searching judicial review.” The court cited such examples as the fundamental rights to vote, to

travel, and to have children.

With regard to this case pertaining to access to courts, this right is also protected by other constitutional guarantees, such as the Due Process Clause and the Sixth Amendment’s Confrontation Clause. Both guarantee a criminal defendant the right to be present at all stages of a trial where his absence might frustrate the fairness of the proceedings. In this case, Lane could not be present for his own trial without being carried upstairs or crawling up steps to the courtroom.

The Due Process Clause also guarantees certain civil litigants a “meaningful opportunity to be heard” by requiring removal of obstacles to their full participation in judicial proceedings. This means that a person having business before the court, whether it be a criminal or civil case, has a right to removal of barriers that would keep him or her from accessing the courthouse. The Sixth Amendment also guarantees criminal defendants the right to a trial by jury composed of a fair cross section of the community, and the First Amendment gives members of the public a right of access to criminal proceedings. This means a cross-section of the peers of a plaintiff could well include persons with disabilities, and witnesses or family members concerned with a case might have disabilities and should also have access to the courtroom.

In considering the evidence of unconstitutional treatment of people with disabilities, the Court looked at local government conduct as well as state conduct.

Local conduct would be actions of counties, municipalities, and other local governing bodies. In response to the criticism in Chief Justice Rehnquist’s dissent that such evidence was not relevant to the inquiry into whether legislation is valid under the Fourteenth Amendment, the majority said that: (1) local government conduct is particularly relevant in the context of courthouse access because, in that area, local governments are typically treated as an arm of the state for Eleventh Amendment purposes and enjoy the same immunity as states; and (2) even outside of that context, the Court’s prior cases have recognized that local government conduct is relevant to In discussing a history of the “equal protection” indiscrimination, the court iden- quiry. tified a broad range of deprivations in different ar- The Court held that, for the eas. The Court cited state present, it need decide no statutes that categorically dis- further Title II issues than the qualify “idiots” from voting ones presented here regarding without regard to individual access to the courts. The capacity, state prohibitions on Court advised that such acmarriage by individuals with cess must fall within the mental disabilities, and prohi- provisions of Title II and the bitions on individuals with defenses of undue financial or various disabilities serving as administrative burdens to the jurors. defendants, or fundamental alterrations of programs, In addition, the Court cited a would still apply. Therefore, series of its own cases if alternative services could

In conclusion, the Supreme Court’s decision leads the way to persons with disabilities having access to the courts whether as parties, witnesses, jurors or employ-

The Court stopped short of stating that everything covered in Title II would be upheld in future cases. The ones in most serious peril would be cases involving access to state-funded or state-subsidized recreational programs, such as sports stadiums or perhaps state parks. As I usually say at the end of these analyses, we’ll have to stay tuned for further developments. ■

FOR SALE

NEW Fully Accessible Condo 201 W. 31st Street – Minneapolis, MN • • • • • • • •

2 Bedroom, 1 Bath (with roll-in shower) Finished Square Feet: 1430 All on ground level (with small patio off master bedroom) Garage: 1 car attached (extra wide for easy access) On Metro Bus Route Condo Fees (~$150/mo) Non-accessible units available for support persons Mowing, Snow Removal, Central Air, Stove, Dishwasher, Microwave, Disposal, Refrigerator, Washer/Dryer, Alarm system pre-paid for a year are all Included Market Price: $ 214,500 Qualified buyers may purchase for $194,500* OR LOWER depending on income *Restrictions: Preference for affordability assistance given to lower income buyers with wheelchair requirements

Call Nonprofit Development Corporation

612-827-4488 Developed by Lyndale Neighborhood Development Corp. & Prima Land, Inc. with support from MHFA & City of Mpls

June 10, 2004

Classifieds

Reach 11,000 Active, Interested Readers with ACCESS PRESS Classifieds. $10 up to 12 words, 45¢/word thereafter.

Must be prepaid. Mail with check to: ACCESS PRESS, 1821 University Ave W, #104S, St. Paul, MN 55104 • (651) 644-2133 • FOR SALE

VOLUNTEER OPPORTUNITIES

Minnesota Mobility: We specialize in affordable wheel- Interpreter chair vans. Contact us at 952- Assist human services staff to 746-1800. effectively and efficiently serve non-English speaking Electric Hospital Bed, trapees, clients by translating and side rails - $350.00, Manual reverse translating Hmong, Wheelchair - oversize - Cambodian, Vietnamese, Rus$100.00, Walker - $25.00. sian, Somali, or Spanish and Call 612-333-0060 or 612- English and perform related 333-0580 duties as assigned. Volunteers must be at least 16 years of FOR RENT age. Contact Ramsey County Community Human ServicesLewis Park Apartments: Volunteer Services at 651Barrier-free housing with 266-4090 for additional inwheelchair users in mind. formation or e-mail to volunt Section 8 subsidized. One- eerservices@co.ramsey.mn.us and two- bedroom units. For mailto:volunteerservices@co. more information on avail- ramsey.mn.us ability call (651) 488-9923.

St. Paul, MN. Equal Opportu- FREE DELIVERY OF nity Housing.

LIBRARY MATERIALS If you love to read, but can’t Holmes-Greenway Housing: get to the library because of One- and two-bedroom apart- illness or disability, the Friends ments designed for physically of the Minneapolis Public handicapped persons. Conve- Library can help. Volunteers nient SE Minneapolis loca- will deliver books, tapes, and tion. Call (612) 378-0331 for other library materials to your availability information. door. For more information Equal Opportunity Housing. about this free service to Minneapolis residents with Seward Square Apartments: limited mobility, call 630We are currently accepting 6173. applications for our waiting list for barrier-free housing, in Internships Minneapolis, that is federally Interns interested in a position subsidized. For an applica- where you can have an impact tion, please call (612) 338- and gain a variety of skills will 2680. Equal Opportunity enjoy working with the FamHousing. ily Institute.

Internships available include: Program Watertown, MN - 3BR street Assistant, Marketing/graphic level duplex. Limited handi- arts, and Business Managecap accessible. Section 8 ment. Interns must commit to approved. $750/mo. Close to a minimum of ten hours per shopping. Send inquiries to: week. A nominal stipend will Joe Barry, PO Box 696, be paid. For more informaWatertown, MN 55388 tion contact the Family Institute for Creative Well-Being MISCELLANEOUS at 651-779-8199 or email diane@familyinstitute“Words of Love” is a CD by cwb.org Snoopi Botten, a musician with cerebral palsy who Check us out at writes and performs inspiraaccesspress.org tional songs using a synthetic ❖❖❖❖ speech system. To order, call Please patronize your (612) 872-7233 or visit Snoopi’s website at http:// Access Press hometown.aol.com/dectalk/ advertisers. myhomepage/index.html.

SS - Cont. from p. 13 paid incorrectly, you can ask for a review of your case. You have 60 days to request that review, and we will not stop or alter your Social Security or SSI payments while the review is underway. If you ask for a review, you obviously should be prepared to tell us why you think you were not paid incorrectly.

you have one other legal right.

You can ask us to disregard the incorrectly paid benefits by filing for a “waiver” of the overpayment. A Social Security representative can explain all the waiver provisions to you.

For your convenience, all overpayment waiver and appeal forms can be found at the following Social Security If you accept the fact that you website www.socialsecurity. received Social Security or gov/online/forms.html?

SSI benefits you were not due, #Other. ■

15

Access To Employment Employment ads are $16-$17 per col. inch; June 30 is the deadline for the July 10 issue.

Mail to: ACCESS PRESS 1821 University Ave. #104S • St. Paul, MN 55104 FAX 651-644-2136 • E-mail: access@mninter.net WATER RESOURCE ENGINNER/ HYDROLOGIST SRF Consulting Group, Inc. seeks an engineer to assist in the design, engineering and modeling of highway drainage and watershed projects. The ideal candidate will have a Bachelor’s degree in Civil/ Agricultural Engineering or Natural Resources with a hydrology or water resources emphasis. Good verbal and written communication skills and the ability to work in a flexible team environment a must. Previous experience with hydrologic/hydraulic modeling applications such as: (SWMM, HEC-HMS and HEC-RAS, HydroCAD) and Microstation/ Geopak a plus.

In addition to varied and exciting work in one of ENR=s Top 500 design firms, we offer a positive atmosphere, competitive salary and benefits, 401(k)/profit sharing, vacation and sick leave.

TRAFFIC ENGINEER Entry-level traffic engineer wanted to assist in the design of traffic signals, signing, pavement markings, construction traffic control, communication systems, and intelligent Transportation Systems for city, county, and state highway facilities. Requirements include a BS in Civil Engineering, a strong interest in signal design and operations, and excellent communication skills. Microstation/Auto-CAD experience a plus.

SRF Consulting Group, Inc., is a fast growing locally owned and well-established transportation engineering, planning and design firm. In addition to varied and exciting work in one of ENR’s Top 500 design firms, we offer a positive atmosphere, competitive salary and benefits, 401(k)/profit sharing, vacation and sick leave.

...to get the most out of life and your career! At Regions Hospital you’ll be a valued member of an expert team that provides outstanding, compassionate care.

Learn more about our hospital and our opportunities! Visit us online at regionshospital.com or call our Job Hotline at 651-254-0855.

Send your resume to SRF Consulting Group, Inc., One Carlson Prkwy N #150 Pymouth, MN 55447; Fax to 763-475-2429; or email to jobs@srfconsulting.com; EOE ACCOUNTING ADMINISTRATOR

MECHANIC

Journeymen equipment mechanic for day shift. Must have hydraulic/electronic experience and ability to weld.

Class B CDL within 6 months Send your resume to of hire and pass DOT physical SRF Consulting Group, Inc., and pre-employment drug One Carlson Prkwy N #150 screen. Competitive wages Pymouth, MN 55447; and benefits. Please send Fax to 763-475-2429; resume by mail/fax/e-mail to: or email to jobs@srfconsulting.com; Macqueen Equipment, Inc., EOE 595 Aldine St., STAFF ATTORNEY

Your mission is . . .

St. Paul, Mn 55104.

Fax 651-523-1153.

Central Minnesota Legal SerE-Mail vices seeks full-time attorney rbloedorn@macqueeneq.com. for its St. Cloud office. New graduates considered. SpeEEO cialize in farm law, housing and govt. benes. Svc. work incl. litigation, com. legal ed., com. outreach. Spanish or Somali language a plus. Valid MN driers’s license reqd.

Salary up to $38,830 D.O.E. Excellent benes. Resume with references and writing sample to: Sarah Shella-Stevens, Managing Attorney, CMLS, 830 West St. Germain, #309, PO Box 1598, St. Cloud, MN 56302.

Appl. deadline: 7/1/04 or until filled. EOE

National General Contractor located in St. Louis Park, specializing in Commercial Building, seeks an individual for its Accounting Department. Duties will be 60% payroll related and 40% general accounting. Two year or more accounting degree, payroll experience a plus, but not necessary. Salary range for this position is $28,000 to $32,000.

Fax resumes to: Lorie Eaker at 952-417-8356 or e-mail to leaker@a-p.com.

EOE

RETAIL SKILLS TRAINER/CASE MANAGER Goodwill/Easter Seals has an exciting FT opportunity for an individual who will be responsible for conducting retail skills and employment readiness training in community based sites. This position will be responsible for case management activities for participants. BA in related field OR 4 years related experience. Must have exp. in working with diverse populations with barriers to employment.

Submit resume to: Human Resources 553 Fairview Ave N, St. Paul, MN 55104.

Fax: 651-379-5802.

Email: hradmin@goodwilleaster seals.org EEO/AA

GET CONNECTED

ATTORNEY MDLC seeks attorney to represent clients/applicants of state Voc Rehab services for 12-18 months. Disability law exp pref. $35,535-$48,220 DOE & benes. Ltr & resume by 6/22: Pam Cunningham, 430 1st Ave N, #300, Mpls, MN 55401-1780.

EOE. No calls.

Be a part of a bank that takes pride in its people and local community.

At TCF Bank, we’re eager to recognize your enthusiasm and abilities and encourage you in your efforts. TCF Bank and its employees also support many local organizations, making a difference in the neighborhoods we serve. Get connected to a satisfying future with a growing, stable, innovative company that is celebrating its 80th anniversary!

We offer part time and full time positions with competitive salaries and excellent benefits.

A LINK TO YOUR FUTURE! To learn more about TCF Bank and current opportunities, apply on line:

www.tcfexpress.com An Affirmative Action/Equal Opportunity Employer, providing a Drug-free Workplace.

16

June 10, 2004

Don't Miss An Issue! Subscribe Today! $25 Buys A Full Year (12 Issues) Of ACCESS PRESS Name ____________________________________________ Street _______________________ City ________________ State ____ Zip _________ Telephone _______________ Limited income subscription: $10 I have an idea for editorial coverage. Please call me.

I’ve enclosed my check for $25. Start my subscription.

Send your advertising rates.

MAIL TO: ACCESS PRESS

Established in 1991 Nurses z Live-ins z Home Health Aides z Personal Care Assistants z Serving Adults & Children with Long Term Needs z

IN HOME

PERSONAL CARE

763-546-1000

1821 University Ave. W. • #104S • St. Paul, MN 55104 Phone: (651) 644-2133 • Fax: (651) 644-2136 • e-mail: access@mninter.net

THE FRIENDS OF ACCESS PRESS Thanks to the following sponsors for supporting Access Press this year.

----------------------------------------- BASIC SPONSOR ----------------------------------------

---------------------------------- BRONZE SPONSOR ($75 and above) ----------------------

Steven P. Anderson Mary Bodnar Mary Collins Jesse Ellingworth Florentine Goulet, O.S.B. Marjorie Hammargren Dale Janiszeski Luci Kennedy Sean Leary Kathy Moran Elizabeth Smith Katherine Zehringer

Sue Abderholden Stephen Alarik Anonymous Jeff Bangsberg Scott Bjerkesett Sandi Lane & Monte Blair Wendy Brower Susan Bulger Scott Cady Mike & Jan Chevrette Chernah Coblentz Stephanie Cunningham Donn Feigal Carol Fury M. Therese Gockenberg Martha Hage Kathleen Hagen Craig Dunn & Candace Hart Anne Henry Roger A. Hoffman Dianna Krogstad Carol & David Larson Gregory Larson Linda Leicht Terri Ricci & Kip Lundquist Donna McNamara & Paul Monroe Christopher Meyer Cliff Miller Paul Mueller William O’Dowd & George Zilligen Ann & Manley Olson Scott Rostron Mark Sherman Patricia Siebert Barb Smith Bridget & Diane Smith John Smith Erica Stern Eric and Caroline Stevens Peg Thomas Joani Werner Linda Wolford Jerry Wood William O’Dowd & George Zilligen Brain Injury Assn of MN The College of St. Catherine Community Involvement Prog.

Dept. of Occupat’l Therapy-U of M Equity Services of St. Paul Freedom Health Care, Inc. Jay & Rose Phillips Family Foundation KAL Marketing Lifeworks Services MN Work Incentives Connection Merrick, Inc. Pat Siebert, MN Dis. Law Ctr. MN Diversified Industries New Dimensions Home Health

Dorothy Balen Martha Bigalk Carl & Kathie Bryngelson Daniel Casar LeAnne Dahl Neil Doughty Mary Frank-Wawokiyawin Robert Geldert James Grimm Pamela & Cullen Hamilton Ellie Heller David Hopkins Beth Jensen Karen Jothen Barbara Larson Sister Jo Lambert Melody Martian Ardis Meyer Donn Poll Loren Rahn Pat Scott John Sherman Arc Southeastern Minnesota Native American Rainbow Network

------------------------------- FRIEND SPONSOR ($35 and above) --------------------------Lynda Adams Paul Althoff Mary Andresen Rick Benjamin Vicki & Fred Benjamin Janet Berndt Patrick Bilbrey Susan Blaylock Maynard Bostrom Anita Boucher Robert & Ann Brick Denise Cady Rick Cardenas Cheryl & Thomas Corcoran Yoshiko Dart LeRoy deBoom Teresa Dock Barbara Droher Melvin & Georgia Duncan Jesse Ellingworth Jo Ann & Steven Erbes Donn Feigal Tom & Mimi Fogarty Carla Friese Craig Dunn & Candy Hart Mel & Georgia Duncan Will & Mary Englund Steven and Jo Ann Erbes Lee Ann Erickson Marge Goldberg Molly Gordon Nadine Groven Judith Haaversen Cary Hempel Ellen & Skip Houghton Judy Hunt Cindy & Greg Johnson The Joyce Family Barb Kane Mary Kay Kennedy Corbin Sherwood Kidder Marie Wolff and Eric Kloos Anna Kook Ann Kranz Dawn Kreutz Gari Krogseng Linda Larson Susan Lasoff Steven Laux John Marty Kelly Matter Robert & Ardis Meyer Sara & Gary Meyer Kristi Michaelson Steven Miles Liz Morque David & Judona Musselman Joe & Maureen Musselman Cliff Ollila Mark Olson William & Joen Overby Richard Peterson Margery Pilhofer Robert J. Geldert & Roberta Pinkosh Julee Quarve-Peterson Kelly Rathcke Brian Rogers Ann Roscoe James Ross Arthur Sauter Diane Sprague Gary & LeAnn Taylor William & Sara Trautz Candace Warne Don & Joanne Westergard Rachel Wilcox David Wood Access to Employment All Home Caring Axis Healthcare Blue Sky Designs Concordia University–Project Exceptional Freedom of Speech, Inc. Kaposia, Inc. MBW Company MN Clipping Service MRC National Results Council Occupational Development Center Rehab Unit–Albert Lea Med. Center Resource RISE Habilitation Services Store to Door TSE, Inc. Thrivent Financial for Lutherans United Cerebral Palsy of MN, Inc.

--------------------------------- SILVER SPONSOR ($150 and above) ----------------------Jaime Becker Scott Beers Fred & Phyllis Benjamin Michael Bjerkesett Lou Burdick Robert Buuck Chris Duff Robert Gregory Doris & John Groven Lori Guzman Ron Holstrom Ronna Linroth Jim & Cindy Musselman Donna McNamara Patricia Rogers, Ph.D. Dean Doering & Lisa Scribner Kathy & Paul West Accommodating Care, Inc. MNDACA MN Independent Living Services, MILS MN Rehabilitation Services MN Work Incentive Connection National Alliance for the Mentally Ill of MN PACER - Paula Goldberg ServeMinnesota!

Southwest Center for Independent Living (SWCIL) UCare Minnesota

---------------------------------- GOLD SPONSOR ($350 and above) -------------------------Mary Lou & Allan Burdick Shirley Larson Margaret Perryman Kevin & Kathy Sullivan Fairview Tamarack Custom Seating and Home Medical Equipment Lottsa Tax & Accounting Services

--------------------------- DIAMOND SPONSOR ($500 and above) --------------------------Anonymous Northwest Airlines

Wilber Frink

In Home Personal Care Rapit Print

------------------------- BENEFACTOR SPONSOR ($1000 and above) --------------------Lynda Milne • Bremer Foundation • Catharine C. Reid Fund of Headwaters Foundation for Justice Headwaters Fund • HECUA • The Medtronic Foundation Thomas & Lassiter Family Fund of The Minneapolis Foundation

-------------------------------------------------------- IN HONOR----------------------------------------------------Anne Henry by Karen Adamson • Cecelia Bilbrey-Baer by Patrick J. Bilbrey • Charlie Smith by Tom & Mimi Fogarty • Charlie by Fern Rogstad • Jaehn Clare by Candice Warne 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

-------------------------------------------------------- IN MEMORY----------------------------------------------------Charlie Smith by Anita Boucher • Grandma & Grandpa Laughlin, Shamma & Frank Haas, & Fred Benjamin Jr. by Phyllis & Fred Benjamin III Bill & Renee Smith by Becky J. Bugbee-Tong • Pete Chevrette by Mike & Jan Chevrette • Troy Fahlenkamp & Valerie Birosh by David Dreier • Mabel Heuer by Dawn Doering Bill Smith by Joe & Peg Figliuzzi • Charlie Smith by Andrew Groven • John Hardy by Martha Hardy • Miss Irene MacKaloney by Roger Hoffman Charlie Smith by Barbara Kane • Ruth Riggs by Corbin Kidder • Charlie Smith by Tracy Kochendorfer • Charlie Smith, our cousin, by Henry Pattridge & family Uncle Bill & Aunt Renee Smith by Mary & Henry Pattridge • John Siebert by Patricia Siebert • Charlie Smith by Sister Kenny Institute • Bill & Renee Smith by Helen Thompson Bill, Renee, & Charlie Smith by Kathy & Paul West

-------------------------------------------------------- IN KIND (time & services)----------------------------------------------------Ana Alvarez-Holmberg • Tom Brick • Yoshiko Dart • Bill Dingfelder • Kathleen Hagen • Lance Hegland • Bret Helsa • Anne L. Henry • Wendy McCormick • Lynda Milne Jeni Mundl • Cliff Poetz • Donn Poll • Gloria Steinbring • Rhonda Whitenack • Dan Wilkins • Brain Injury of Minnesota • U of M New Service • VSA arts

I would like to sponsor Access Press as a Friend Name __________________________________________________________Company Name __________________________________________________ Address ________________________________________________________City _____________________________ State _________ Zip _____________ Sponsorship Levels Basic (limited income): $5-$34 Friend: $35-$74 Bronze: $75-$149 Silver: $150-$349 Gold: $350-$499 Diamond: $500-$999 Benefactor: $1,000 & up Please make my gift anonymous. I do not want to be published as a sponsor on the back page.

Please return this form with your contribution!

Your help is crucial if Access Press is to continue being the voice for people with disabilities. Your tax deductible gift entitles you to a one-year complimentary subscription. Please mail your donation to Access Press, 1821 University Avenue West, Suite 104S, St. Paul, MN 55104. Thank you.