“Politics ought to be the part-time profession of every citizen . . .”
SESSION DEADLOCKS OVER BUDGET
by Anne L. Henry, Minnesota Disabiltiy Law Center
The 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
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
In 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
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 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
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.
Tim Benjamin, Editor
Congratulations to our good friend Pete Feigal, the winner of the prestigious 2004 Judd Jacobson Memorial Award for his outstanding contribu-
tions to improve the lives of people with disabilities. It is terrific that Pete is being recognized for his constant dedication to others that live with mental illness and help-
ing remove some the stigma associated with the disease.
Anne Henry outlines a very unproductive legislative session. Neither party would budge on any of the issues of importance. It seemed they couldn’t get past the hotbuttons of some very controversial issues such as, casino gambling, gay marriage, and sex offender punishments. Therefore, many programs that were cut last session, sat idle.
Kathy Hagen, also explains the Tennessee vs. Lane Supreme Court case. It is an ADA victory, but maybe not a
Villains and Charity Cases
by Bret Helsa and Gloria Steinbring of Advocating Change Together
Societies 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 History of Disability is Bad
The idea that disability is sinful has been around for thousands of years. Like many today, ancient people thought “perfect” bodies were a sign of goodness, or godliness. Logically, then, “imperfect” people were thought to be evil. This was God’s punishment for sins. Consider this passage from
Access Press
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 that describe a disability (idiot, moron, fool, retard, blind and lame) usually end up meaning “bad.”
Because we were so often considered evil and dangerous, people with disabilities have faced segregation throughout history. We’ve often been kept hidden away in homes. Perhaps our families were ashamed or feared
Co-Founder/Publisher (1990-1996).............................................................Wm. A. Smith, Jr.
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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.
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conclusive one. The Minnesota Disability Law Center’s attorneys have contributed much over the years to the success of Access Press . We can’t thank them enough!
Jeff Nygaard walks us through another scenario of universal health-care—it’s very exciting to think that there are so many possibilities to create a healthy health-care system in the United States. We can move from ideas to action in our next presidency.
Bret Helsa and Gloria Steinbring give a response to last month’s article on disability 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.
Yoshiko Dart was gracious enough to give Access Press
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 public gardens. ■
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
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.”]
From Hollywood to fairytales to classic literature, writers have give their villains a disability to make them more frightening.
You Have Power –Make The Dream Live
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
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.Give up life as usualescapist television and games, time consuming, expensive travel and recreation, and devote the time to passionate advocacy for individualized empowerment.
Dream - cont. on p. 7
Go Forward!
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
DaimlerChrysler 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.
Touring seven cities during the next five months, Waddell will speak to patients at rehabilitation hospitals and make appearances at multiple Paralympic events leading up to the 2004 Paralympic Summer Games in Athens, Greece. A division of the U.S. Olympic Committee, the Paralympics Games is the world’s largest sporting event for amateur athletes with disabilities and are held immediately following the Olympics.
Waddell, who broke his back in a skiing accident at age 20, remains an athlete and key advocate of the Paralympic games. He competes in both the winter and summer games in skiing and track and field events respectively, and has won multiple gold and silver medals.
While particularly poignant for individuals who face physical challenges, Waddell’s inspiring messages are both encouraging and relevant to everyone as we go
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.
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 points for “Go Forward.”
Get Going
“Overcoming the existing situation and getting started is the first key whether that’s rehabilitation, sports training, personal or business goals.
“Find something you love. Whether it’s your profession, your children, your image of yourself or your desire to change the world. Find a reason that pushes you forward.
Go Forward
“After a traumatic injury you wonder ‘will it ever be the same?’ By looking and moving forward, you gain a new perspective and realize that there are new opportunities including some that you never thought possible. Personally I know that I probably wouldn’t still be an athlete had I not had the accident.
Go
For It
“People in rehabilitation face a new and daunting challenge. The most difficult and most important step is the first one. Take that first step.
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.” ■
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.
Career Development Model, Part III
by Ana Alvarez-Holmberg, MA, PMP
This 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 against helplessness.
If the employee brings assistive technology to work, or the employer provides it, it may be necessary to check compatibility between an assistive technology (AT) device and the technology already in place. Consider adding someone from the information technology department to the natural support system. AT devices, such as note takers for individuals with vision impairment, include functionality to download and upload information from the device into a computer that is part of a network.
Technology is always changing and upgrading. It is during the maintaining status that INCOME suggests technological interventions to create a feeling of independence. Someone with technical expertise would help keep or increase feelings of independence and self-efficacy.
Exiting Exiting is the process of leaving a professional situation due to voluntary or involuntary reasons. Voluntary reasons may be either that the current job no longer fulfills personal goals or an increased self-efficacy has triggered the desire to change career paths.
On the other hand, involuntary reasons include demotion, firing, layoffs, and change in physical condition. It is important to clarify that we’re not talking about the end of a career.
The keyword for this status is change. Beveridge, Craddock, and Liesener advocate that individuals should go through
statuses with confidence and, hopefully, without reentering the rehabilitation system. Their assumption is that as individuals with a precareeronset disability gain experience, their self-efficacy will improve. The desire of exploring other career paths or “exiting” will come naturally. One way to facilitate this process is to design interventions to continue promoting self-efficacy and exposure to new information and career options.
A thought about exiting is that an individual with a precareer-onset disability who hits this milestone has accomplished a series of invaluable developmental steps. Expecting that this can be accomplished in a short period of time may be unrealistic. Celebrate successes along the way! Celebrate learning and experience gained!
Final Thoughts
The authors of INCOME underscore an enriched and supported environment allows for reassessment of career attitudes. Building an enriched and supported environment is an effort that includes parents, school teachers, service providers, counselors, employers, individuals with disabilities, and assistive technology.
The model is also helpful for individuals that do not have a disability. Beveridge and his colleagues based their work on different career development theories. Their wish is that INCOME will be used by almost everyone as new research validates their assumptions. My wish is that someone’s career moves forward regardless of where it is today. ■
National Health Insurance: How To Pay For It, Option 2
by Jeff Nygaard
In 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 come from:
GOVERNMENT ($852.5 billion): H.R. 676 would keep existing federal, state and local revenues that currently pay for Medicare (employer and employee payroll taxes of 1.45 percent each or $194 billion) and other federal and state programs.
EMPLOYERS ($220.8 billion): H.R. 676 would implement a modest payroll tax of 3.3 percent on all public and private employers (for comparison, the Social Security payroll tax on employers is 7.65 percent), while eliminating employer premiums for private health plans. Companies that already provide health insurance for their workers will save money. “A 3.3% payroll tax is low enough,” according to testimony by the PWG, “so that all employers (including those that do not provide coverage today) should be able to contribute without undue hardship.”
THE RICHEST FIVE PERCENT ($221.8 billion): The wealthiest Americans with declared incomes of $140,000 to $250,000 would pay an additional 5 percent income
tax. This tax exempts the first $140,000 in income and does not include unrealized capital gains in stocks, bonds, or home sales, etc. The richest 1 percent (average incomes of $1,100,000) would pay an additional income tax of 10 percent. As the PWG notes, “The most well-off Americans also are the most dependent on a healthy labor force for employees and services. Thus, they will benefit greatly from their modest additional investment in universal health care.”
STOCK AND BOND TRADERS ($144.6 billion): Anyone who buys or sells a stock will pay a transaction tax equal to one quarter of one percent of the purchase price. For example, a $100 stock purchase will be taxed a total of 50 cents. For those who invest and hold on to stocks, the tax is minimal. Other financial transactions will also be taxed minimally. This will provide another progressive revenue stream for health care. (A revenue source is “progressive” when the rate of taxation goes up as income goes up.) This tax will primarily affect the wealthiest 10 percent of American households, who own over 80
What’s Wrong With Whom?
by Bill Dingfelder
What 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
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;
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, I’ll Make it Anywhere,” “I Am Strong, I Am Invincible, I Am Woman.” I, I, I; not a group or support system in the bunch).
So, if we buy this cultural paradigm, then in order to have the best chance of “succeeding” in our culture, each of us needs all of our equipment; our physical, mental, and psychological abilities. When we see someone with disabilities, we are reminded about how vulnerable we are, how little control we really have. When we first meet a person with disabilities, many of us think, “There but for the grace of God go I.” However, when you think about it, that is just another way of saying, “Thank God it is that person, and not me”, which is not only a selfish thought, but an individualistic thought as well.
1. Them, not us: The flip side of our individualism is that, when we do think about our membership in groups in terms of concentric circles;
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.
2. The bold and the beautiful: In our country, almost any advertisement, any beauty magazine, or any popular movie emphasizes beauty, strength, sexuality, and youth. Disabilities, like aging, remind us on some level that life is finite, that life is provisional, and that life can change. That realization terrifies us.
In the end, of course, it is we, the “abled,” who are missing out by retreating or being fearful of persons with disabilities; we are losing the opportunity to make new friends, to learn from new business colleagues, and to understand another way of living a full, and fulfilling life. I am optimistic, though; I like to think that insight can be the beginning of change, and that by facing your fears you can overcome them. In this way, by trying to understand my attitudes and change my behaviors, I, too, can try to change my entrenched behaviors. I, too, can deal with my disability. ■
Care Continuum Defined
by Lance H. Hegland
We 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?
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 are too numerous to name, but include such things as clinical, rehabilitation, nutritional, recreational, and chore services, in addition to the more familiar activities of daily living help. Although the potential methods of delivering these products and services are also countless, generally, they’ve been grouped into a few specific categories depending upon the specific environment the products and services are delivered within as well as who manages the delivery process. Therefore, the type of provider commonly defines a specific location within the continuum: nursing facilities (nursing homes, intermediate care), group homes, shared housing, assisted living, traditional home care, home care communities, home care cooperatives, PCA Choice, and cash and counseling.
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.
Nursing Homes
Nursing home facilities provide services, usually for individuals with more significant medical needs, seven days a week 24-hours per day
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.
Shared Living
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 move from one category, or position, within the continuum to another, various key differences exist among levels of privacy, freedom of expression, independence, authority, responsibility, and security. Privacy means the state of being free from unwanted or unwelcome interruptions or presence of others. Freedom of Expres-
within an institutional setting. Each resident usually shares a room and common living areas (e.g. dining room, living room, entertainment room, etc.). These facilities provide both scheduled and unscheduled services. Therefore, this model addresses the concerns of an individual relying solely on such assistance with scheduled and unscheduled needs. Although the level of security is quite high, the levels of privacy, freedom of expression, independence, authority, and responsibility are quite low.
Group Homes
Similar to nursing homes, group homes provide services, usually for individuals with less significant nursing requirements, seven days a week 24-hours per day within
Unlike group homes, shared living provides home care services, often seven days a week 24-hours per day, within a shared residence. Typically, each resident has a private bedroom, still shares the common areas with other housemates, and has much greater independence regarding activities than previous categories. This option may incorporate a “family” environment, including congregate activities and dining for residents and staff if they choose to participate. Due to around-theclock staffing, this arrangement again ensures that not only scheduled, but especially unscheduled, services are available. Shared living still offers a high level of security and yet provides greater privacy, freedom of expression, independence, authority, and responsibility compared to the previous alternatives.
Assisted Living
According to the Assisted Living Federation of America (ALFA), assisted living conCare - cont. on p. 7
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New Ways To Garden
by Jeni Mundl
Therapeutic benefits of gardening are numer ous at all ages and abilities; however, balance, strength, and agility are needed—which many individuals with disabilities lack. This can make lifting a bag of potting soil or pushing a wheelbarrow cumbersome or impossible. With arthritis and rheumatism, gardening is sometimes painful. Digging and repetitive motions may aggravate physical problems, causing many gardeners to stop an otherwise healthy activity.
Beyond being relaxing and healthy, gardening can be therapeutic in treating physical, emotional, cognitive, and social changes in the lives of individuals with disabilities. Many modifications in gardening practices and tools exist to aid people who may have limitations.
•Gardening in raised beds filled with easily worked soil can allow disabled gardeners to continue activities from a wheelchair.
•If bending over and kneeling causes problems for the gardener, a stool or knee pads may provide needed relief. There are many different varieties which allow the user to move the device with them easily or position the seating at variable height.
•Adapted tools are becoming increasingly available. By using ergonomically designed tools correctly, stress on joints and muscles is reduced.
•Purchasing materials in smaller packages avoids the stress of lifting heavy bags.
•Garden carts are easier to pull than wheelbarrows and can hold gardening items which are too heavy to carry. There is a gardening pail which has different holders for tools. This can also be attached to a luggage carrier so the individual can hold the items rather than carry them.
•Working for shorter lengths of time during the cooler morning and evening hours will lessen the effects of the heat. A short break for a drink of water or juice will help reduce the stress on the body and prevent dehydration.
•Gardeners should wear lightweight, loose fitting clothes during the summer heat. Cotton clothing not only helps keep the gardener cool, but prevents exposure of skin to the sun’s damaging rays. Wide-brimmed hats and sun screen can further protect skin. Also, a misting bottle or cloth soaked in cool water can be refreshing.
These practical suggestions can make gardening an enjoyable activity for many. The Internet provides a wide variety of resources and products for individuals with disabilities. The following are a couple to explore: Life with Ease Garden Tools Page, http://www.lifewith ease.com/garden.html; Totally Living Gardening Page, http://www.totalliving.com/ pages/Garden.html; Garden Buddy, http://www.lodgik. com/features.htm; Bionic Gloves, http://www.bionic gloves.com/?refer=AD ; Adapted Gardening for Physically Challenged , http:// wwwagcomm.ads.orst.edu/ agcomwebfile/edmat/html/ em/em8504/em8504.html
Some written resources are: Adil, Janeen (1994) Accessible Gardening for People with Physical Disabilities: A guide to Methods, Tools, and Plants. Woodbine House; Rothert, Gene (1994). Enabling Gardening: Creating Barrier-Free Gardens. Taylor Publishing Company, Dallas, Texas.; Woy, Joann (1997). Accessible Gardening: Tips & Techniques for Seniors & the Disabled Stackpole Books; Yeomons, Kathleen (1992). The Able Gardener: Overcoming Barriers of Age and Physical Limitations. Garden Way Publishing; Blease, Peter ed. (1990). Able to Garden: A Practical Guide for Disabled and Elderly Gardeners. Horticultural Therocey, Great Britain.
With summer fast approaching, it is a great time to start exploring and inventing new ways to garden. The benefits are multi-fold for the senses and mind ■
Twin Cities 19th Annual Juneteenth Festival
by Wendy McCormick
Juneteenth 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
Even if you're physically unable to garden, there are still opportunities for you to enjoy the benefits of gardens by visiting the following public gardens this summer.
Eloise Butler Wildflower Garden & Bird Sanctuary: It’s spring and the flowers and birds have returned. Come see the grand display of spring treasures. The Minneapolis Park and Recreation Board (MPRB) Naturalists offer free environmental education programs every weekend at the Garden and the larger Minneapolis regional park system from April through October. June Highlights: June 13Wild Gardener - 1 pm - 2 pm
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.
Juneteenth’s work will be to facilitate the reach of other organizations whose traditional roles have been to increase citizen participation in the voting process. The collaborative will also reach out to individuals and organizations whose work does not usually involve them with
Gardens To See
and Tremendous Trees - 3 pm - 4 pm; June 15, June 20 & June 29 - Evening Wildflower Walk - 6 pm - 7 pm; June 17Strawberry 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
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 FREEDOM. This year’s theme is We are Family - We Are One
For information call 612-238FREE (3733) or www.june teenthminnesota.org This year’s Juneteenth is a Tobacco Free, Alcohol Free, Drug Free event. ■
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. ■
On Making It Living With A Disability
by Dan Wilkins
As 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
DREAM - Cont. from p. 3
2.Give up politically and 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.
3.Speak to people with words of love, giving them sincere, loving praise for the distinctive positives that everybody has. They will be glad to see you coming and be far more likely to internalize your message of empowerment.
4.Recruit your family members and friends first. People from age one to a hundred can be good advocates. Severely disabled people living in nursing homes can be good advocates. Small babies and dogs can carry good buttons and signs with great effect.
5.The vital election campaigns 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.
6.Become a media personwrite letters to the editors, participate in radio and TV talk shows, become friends with media employees and business and political staff. Become a media professional.
7.Use the electronic technology to send out brief talking points on the issues - make sure they are 100% accurate. Most political advocacy is obvious exaggeration. It goes directly into the wastebasket.
INSURANCE -
percent of all stocks. About half of all households own no stocks at all, not even in mutual funds or pension plans.
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
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
CARE -
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.
Home Care Communities
Traditional Home Care
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.
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
Cont. from p. 4
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-
8.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.
9.If there is no crossdisability action group in your area, form one. Thirteen penniless people started the Christian revolution, and the same number started the modern Chinese revolution.
10.When necessary, send you message of love and truth with militant action. You will be surprised how small demonstration at a political, media or business office can change attitudes. ■
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.
the-counter drugs (such as aspirin), elective cosmetic surgery, etc. This represents an 80 percent reduction in current out-of-pocket expenses.
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.
Total budget: $1.861 trillion
You can read the entire proposal of the Physicians Working Group on Single-
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 implications of a National Health Insurance system for people with disabilities.
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., apart ment 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.
PCA Choice
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.
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.
Service Animal Protection Bill Passed
by the University of Minnesota News Service
When Phillip Kragnes’ guide dog was attacked by another dog several years ago, it was so seriously injured that he had to retire the dog and spent thousands of dollars out of his own pocket for a replacement. Starting 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 replacement.
attack, and 89 percent experienced interference by a loose or uncontrolled dog. When their companion is attacked, the handler’s mobility and freedom are severely restricted. If a service animal is left ineffective due to an altercation, an owner may be
of veterinary care and retraining,” Kohls said. “The intent of this bill is not to jail an individual because of their dog’s actions, but to give courts the option of making that person pay for the damage.” “Service animals provide essential assistance to
Kragnes is President of Minnesota Guide Dog Users (MNGDU), a non-profit organization that promotes the acceptance of dog guides, works for the standardization and enforcement of laws protecting them, and provides educational and public awareness services. Service animals are highly trained and greatly enhance a disabled person’s life. However, they are frequently attacked by other animals. A 2003 survey determined that approximately 42 percent of guide dog teams had experienced at least one
forced to spend a significant amount of time and expense to replace and/or retrain the animal.
“This law will provide increased incentives for owners to maintain control of their dogs,” said Kragnes. “Our goal is not to put someone in jail, but we [service animal handlers] feel that when our dogs are attacked, we should not have to suffer the financial consequences.” “Attacks can be exceedingly costly in terms
their handlers,” said Wiger, who was asked by a North St. Paul constituent to address the issue. “Attacks are traumatic and emotionally taxing on both the service animal and the owner. In the event of an attack, service animal owners need to know they will not be forced to bear the costs.”
Contacts: Wiger, (651) 2966820, Kohls (651) 296-4282, Kranges (612) 626-0365. ■
National Self-Advocacy Conference
by Cliff Poetz
Fourteen 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
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. ■
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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,
Phillip Kragnes (middle), an adaptive technology specialist with the University of Minnesota’s Office of Disability Services, is pictured with his guide dog Wanetta, Governor Tim Pawlenty and Representative Paul Kohls (R Victoria) after the signing of an animal protection bill.
Big Night Of Dancing & Fun
by Donn Poll
It 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
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 attendance at this event was a real surprise to its hosts.
evening of socializing and dancing. The space was donated by the American Legion in Coon Rapids and balloon pillars were donated by Balloons Galore and More of Coon Rapids. Students from Blaine High School volunteered to help serve food. When food ran out, volunteers joined the dancing to a favorite local DJ who had as much fun as the dancers. Volunteers also took photos of the attendees under an arch of flowers.
Amy’s Cardinal Nest was named by Amy’s parents Edward and Beth Graham,
763-755-4123, who started the club as a safe, fun place for people to meet new friends and visit with old. ■
Interfaith Inclusion Consortium: A Model For Others To Follow
You’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.
That group, the Interfaith Inclusion Consortium, invited 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 a real resource that congregations and folks with disabilities can call for information, and it’s made up of a variety of committed organizations “ with emphasis on the word ‘committed.’ This is very unusual and, in my opinion, a model for others to follow.”
The Interfaith Inclusion Consortium works with faith communities to encourage the inclusion of people with disabilities in every aspect of religious life. Arc HennepinCarver and Jewish Family and Children’s Service of Minneapolis spearheaded the formation of the consortium in 2003 after the first “Faces of Inclusion” seminar. Today 13 organizations belong to the consortium (see the listing below).
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 May Worship has ideas any congregation can use to transform itself into a place of welcome.” she said. “It’s not difficult. It involves a change of heart” just realizing that this is important.
“When I speak at conferences, I talk about barriers” barriers of architecture, barriers of communications, and barriers of attitude. “ Barriers of attitude are the toughest of all,” she continued. “Attitude affects my longing to be your friend. Genuine friendship is, in my mind, the most important accommodation we can offer another person. Once I am your friend, all kinds of amazing things happen.”
Thornburgh believes the most important step religious communities can take is to empower people with disabilities. “People with disabilities should have an opportunity for a full life of faith, which includes worship, study, service and leadership,” she said. “The most intriguing of these is leadership. It’s important not to assume people with disabilities want to be the recipient of things people do for them, but to use their gifts and talents in the congregation.”
For example, a congregation could ask a person with disabilities to meet with its facilities committee and do a “roll-through” to determine the existing barriers and how to remove them. “Congregations get nervous about paying an architect to do an architectural study because that’s expensive,” said Thornburgh. “Instead, they could invite people with disabilities and experts from organizations such as independent living centers to review the congregation and come up with ideas. Small steps and a little creative energy can make a big difference.”
Inclusion is a concept that all faiths can embrace. “There’s no Reform Jewish way or Methodist way or Roman Catholic way to welcome people with disabilities into the life of the congregation,” said Thornburgh. “There’s just the polite, respectful way. The principles of welcome and hospitality apply to all faiths.”
For more information on the Interfaith Inclusion Consortium, please contact
the following:
•Arc Hennepin-Carver, Barb Lemke, (952) 920-0855
•Jewish Family and Children’s Service of Minneapolis, Shelly Christensen, (952) 542-4838
•Arc Great Rivers, Luann Palmer, (651) 523-0876
•Bethesda Lutheran Homes and Services, Jeanne Dicke, (651) 603-6279
•Bloomington Human Services, Tracy Smith,(952) 563-4955
•Disability Awareness Ministries, Inc., Ron Cottone, (612) 239-3264
•JRG Ministries, Susan & Zack Gill, (763) 420-4774
•Lutheran Social Services, Sara Hartrgraves,(651) 2600936
•Sabes Jewish Community Center, Scott Barr, (952) 381-3425
•St. Paul Jewish Community Center, Beth Gendler,(651) 698-0751
•St. Stephen’s Church Special Needs Program, Julia Apaloo, (612) 870-2267
•United Church of Christ Disability Ministries, Jo Clare Hartsig,(952) 4764782 ■
Seated from left to right are Luann Palmer, Shelly Christensen, Tracy Smith, Ginny Thornburgh, Barb Lemke and Cliff Poetz; standing from left are Beth Gendler, Zack Gill, Susan Gill, Julia Apaloo, Ron Cottone, Jo Clare Hartsig, Katy Thuleen and Jeanne Dicke.
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,
Upcoming Events
meet a Helping Paws service dog and also meet Clifford The Big Red DogTM. Space is limited. Cost is $8/member and $12/non-member. Register by calling 651-225-6004. The Museum is located at Seventh and Wabasha streets om downtown St. Paul. For 24-hour information visit www.mcm.org or call 651225-6000
June 21-26
National Sports FestivalNational Disability Sports Alliance - New London, CT The nation’s biggest event for athletes with physical disabilities. For more info contact 860-267-6751, www. nationalsportsfestival. org
June 23 – 25
Conference About The Complexities Of Co-Occurring Medical Conditions Co-hosted by NIDA this meeting will share research aimed at improving care for people with coexisting mental, substance abuse, and medical/physical disorders. This conference will be held at the Marriott Wardman Park Hotel in Washington, DC. For more information go to http:/ /www.CCCconference.com/
June 26
Movement for LivingSponsored by Medtronic and United Cerebral Palsy (UCP)
Medtronic which is the world leader in medical technology providing lifelong solutions for people with chronic disease. They have created Medtronic ITB Therapy, which is used to treat spasticity resulting from various conditions, including CP and MS. The marketing department is currently working on putting together regional patient education programs about spasticity. The program will be 2-3 hour sessions, hosted by a physician and a patient ambassador. The goal of the program, titled Movement for Living, is to educate patients on spasticity and available treatments. The programs will be geared toward people with CP and MS. The next program will be held at the Sheraton Bloomington. For more information, please vist the (long) link to the Medtronic Website that should help answer any questions you may have: http://www.med tronic.com/servlet/ ContentServer?pagename= Medtronic/Website/Stage Article&ConditionName= Severe+Spasticity&Stage= Treatment&Article= spastic_art_benefit
JULY
July 7
Youth Leadership: “Creating Leaders For The Future Of The Il Movement” Teleconference, Sponsored by IL NET 6:00 P.M. E.T.
Registration deadline is June 4, 2004. For more information go to http://www.ilru.org/ online/calendar.html
July 17
Self-Advocates Sing Out!
Music for Social Change Sponsored by Remembering with Dignity, Advocating Change Together, People First Minnesota and the Augsburg College Social Work Department.
Join us for a day of singing, song writing and fun. Sat., July 17th 9am to 5pm. Lunch provided. This day-long event will take place on Augsburg campus in the Christiansen Center at 720 22nd Avenue in Minneapolis. Call Jim at ACT at 651-641-0297 to register. Everyone welcome!
July 19 - 21
Workforce Innovations 2004 Conference
This conference will be held in San Antonio, TX. For more information go to http://www. workforceinnovations.org/
July 29 - August 1
Northern Lights: Blazing Towards A Cure
The Second Annual NPFYOPN Conference, Sponsored by the National Parkinson Foundation-YoungOnset Parkinson Network. This conference will be held in Minneapolis, MN. For more information go to http:/ /www.parkinson.org/ YOPN%20web%20regist.htm
July 31
Photography Contest International Library of Photography FREE ENTRY
Amateur Photo Contest is open to all St. Paul residents. Everyone, particularly beginners are welcome to try and win their share of over 1,300 prizes (60,000). For more info call 410-363-4800 ext. 121 or www.picture .com
AUGUST
August 27
Minnesota State SelfAdvocacy Conference
People First Minnesota
Mark your calendar for the State Self-Advocacy conference in St. Cloud August 27th 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.
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 Adults (parents, grandparents, and adult caregivers), 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.
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
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 2 Walk for Thought Brain Injury Association of Minnesota. Please mark your
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 ConversationBridging the Divide St. Louis County Health & Human Service Conference. For more information call Mary Bridget Lawson, 218726-2140, lawsonm@c.stlouis.mn.us
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
November 13 NAMI-MN
■
SUMMER EVENTS
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.
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 collaboration
Patrick’s Cabaret: 6 performers; Patrick’s Cabaret, 3010 Minnehaha Ave. S., Mpls; 612-721-3595; www. patrickscabaret.org; ASL: Fri. & Sat., June 18-19, 8 PM Patrick’s Artistic Director Sarah Harris will introduce an eclectic mix of professional & emerging performers, each with 15-minute sets, including Deaf author Raymond Luczak, storyteller Loren Niemi, musicians Jon Paulson & Cherneh Coblentz, & performers Cherie Anderson & Anne Dimock.
Blue/Orange by Joe Penhall; Guthrie Theater; Guthrie Lab, 700 N. First St., Mpls, 612377-2224, TTY 612-3776626; www.guthrietheater. org; ASL: Fri., June 18 & Tue., June 22, 7:30 PM, AD:
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.
Blurring the Lines – Music & Gender by One Voice Mixed Chorus; Sundin Music Hall at Hamline University, 1536 Hewitt Ave, St. Paul, 612-332-1302 or www.ovmc. org; ASL: Sat., June 19, 8 PM; The Twin Cities’ GLBT community chorus colors outside the lines of social convention to explore the experiences of bisexual & transgender individuals, crossdressing, gender stereotypes, & songs about historical figures who lived in society as the opposite gender. Songs include The Gender Polka, William’s Doll, Ann Reed’s Power Tools are a Girl’s Best Friend, Elizabeth Alexander’s A Palate to Paint Us, A Far Better Man, Paul Kovacovic’s Our Voice of Truth & more.
Vanishing Point; Book & Lyrics by Liv Cummins & 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.
Pride 2004 Concert: ROCKET MAN! The Music of Elton John; Performed by: the Twin Cities Gay Men’s Chorus; Ted Mann Concert Hall, 2128 Fourth St. S., Mpls 612-339-7664 www.tcgmc. org; ASL: Sat., June 26, 8 PM; This collection of Sir Elton’s greatest music will contain all of your favorites. A little bit serious, a little bit camp, a bit of Disney — & a ton of fun!!
See How They Run by Philip King; Performed by: Theatre in the Round Players, 245 Cedar Ave., Mpls, 612-3333010, www.theatreinthe round.org; AD: Sun., June 27, 2 PM; A fast-moving, unabashed farce about a rambunctious American soldier, an escaped Russion revolutionary, & the dwellers of a peaceful English village.
Les Miserables by Alain Boublil & Claude-Michel Schönberg; Ordway Center for the Performing Arts, 345 Washington, St. Paul, 651224-4222, 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 Being in Love” & “The Heather on the Hill.”
Footloose; Applause Community Theatre; Burnsville H.S. Mraz Center, 600 E. Hwy. 13, Burnsville; 952895-1234; www.applause communitytheatre.com; ASL: Fri., July 9, 7:30 PM
The Wizard of Oz; Duluth Playhouse Depot Theatre, 506 W. Michigan St, Duluth; 218733-7555; www. duluthplay house.org; ASL: Fri., July 9, 7:30 PM; Just in time for the twister season, this is the classic musical tale of Dorothy Gale, who journeys down the yellow brick road in a magical land called Oz with three unforgettable companions to have their hearts’ desires granted by the Great Wizard. ■
News At A Glance . . .
Phillips Awards Deadline Extended
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.
Opportunity Partners Unveils Career Camp
During Career Camp, students will complete a career assessment, tour work sites representing a variety of jobs, and learn about job-related topics such as interviewing and filling out job applications. Two sessions of Career Camp will be offered June 15-24 and July 13-22. The camp is geared for students with disabilities between the ages of 16-21. The cost for the camp is $300 per person and there is a 10 student limit per session. For more information about Career Camp, contact Julie McGinley at 952-930-4277 or jmcginley@opportunities. org
Open Appointments/Application for Service
The Minnesota State Council on Disability (MSCOD) is seeking new applications for membership statewide. If you, or a person you know with a disability, would like the opportunity to become a positive change agent on issues impacting persons with disabilities, application for appointment is now open.
The MSCOD is a twenty-one-member citizen group, appointed by the governor, representing the State’s eleven economic development regions. A majority of members must be persons with disabilities, or parents or guardians of persons with disabilities. Appointees serve a term of three years.
A completed application form, resume’ and letter of intent should be submitted to the Office of the Secretary of State (SOS). Applications are kept on file for a period of one year. Open appointment information and application forms are available at www.sos.state.mn.us or by contacting the MSCOD office at: 1-800-945-8913 V/TTY or 651-296-5935 V/TTY. The Council’s email address is: council. disability@state.mn.us. Interested parties may wish to view the Council’s website at: www.disability.state.mn.us.
Kids Shouldn’t Operate ATVs Until Age 16, Says American Association of Pediatrics
An article in the April 2004 issue of Pediatrics, the journal of the American Association of Pediatrics (AAP), compares allterrain vehicle (ATV) injuries in two states - one with a helmet law and one without - and concludes that children under age 16 should not operate ATVs, even when wearing helmets. ATV deaths have been increasing each year, and about one-third of the injuries and deaths have happened to children age 16 and under. The article cites an AAP policy that operators should be at least 16 years old, take a training course, wear helmets and eye protection, drive only in the daylight, and not carry a passenger.
Minnesota law currently requires ATV operators to have a driver’s license to operate an ATV on public land, but there are no requirements for age or helmet use on private land. Helmets are required only for people under age 18, and only on public land. Operators under age 12 cannot cross a public road.
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/
Reprinted with permission from the Minnesota Department of Health’s Injury and Violence Prevention News.
Book Offers Insight for Parents of Children with Disabilities
“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.
2004 Awards Program
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 disabilities. For more information, contact Mike Gude at 651523-0823 or 1-800-582-5256, ext. 113.
From ARC website
A Florida judge has overturned the state law that allowed Governor Jeb Bush to order the resumption of feeding of Terri Schiavo, a Florida woman who sustained a brain injury in 1990 and whom doctors say is in a “persistent vegetative state.”
The law was enacted by the Florida Legislature on a one-timeonly basis last October and reversed a series of court decisions that had allowed Terri’s husband, Michael Schiavo, to withdraw life support, including nourishment, from his wife. After the law was enacted, Governor Bush ordered that Mrs. Schiavo be moved from a hospice to a hospital and that nourishment through a feeding tube be resumed. In the ruling last week, Judge W. Douglas Baird of Pinellas Circuit Court in Clearwater said, “The court finds that the actions of the Legislature and the governor violated Mrs. Schiavo’s right to privacy, due process and the separation-of-powers doctrine.” He also said that the law enacted in October, “in every instance, ignores the existence of this right and authorizes the governor to act according to his personal discretion.” The governor’s office filed a notice of appeal immediately after the ruling. The Arc and UCP supported Terri Shiavo’s continued receipt of nutrients and hydration.
Intrepid Home Care Calls For A “Timeout”
by Lance Hegland
As you may have already heard, one of the largest home health care agencies in the United States has sought protection from creditors while it reorganizes under Chapter 11 bankruptcy laws. Chapter 11 bankruptcy provisions provide companies the ability to recover from near-fatal debt under certain circumstances. Generally, in order to file for protection under these provisions, an organization must prove that it has significant debt, as well as inability to pay them at the present time. In addition, it must convince a judge that the organization has the ability to take a “timeout”: step back, develop a plan to fix and further avoid the problems it currently experiences, and then continue operating in hopes of becoming profitable again. It does not mean that a business is going to shut down or fail to satisfy the needs of its customers and employees. However, if the plan is not adequate or future unforeseen harmful events “tackle” the plan’s efforts, the company may have difficulty “staying afloat.”
According to documents filed with the District of Minnesota U.S. Bankruptcy Court, Intrepid and DVI, Inc., a large health care investment organization, encountered a dispute that may have led to financial problems at Intrepid. DVI, Inc. is a commercial medical finance company that specializes in
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.
Medicare Changes:Prescription Drug Discount Card
Starting June 1, 2004, Medicare beneficiaries may enroll in the discount card program that should provide a 10 to 25 percent discount on prescription drugs starting June 1st. There is an annual fee of up to $30 for persons with incomes more than 135 percent of poverty. However, Medicare/Medicaid dual beneficiaries, who receive prescription drugs through Medicaid, are not eligible for this program. A list of discount cards and more detailed information is available at www.medicare.gov and by phone at 1-800-Medicare.
Ms. Wheelchair Minnesota
Ms. Wheelchair Minnesota 2004, Misty Yanish, will represent Minnesota at the Ms. Wheelchair America 2005 pageant in Richmond, VA., where she will also compete against 27 other Ms. Wheelchair titleholders for the title of Ms. Wheelchair America. As Ms. Wheelchair Minnesota 2004, Yanish will also be available to speak with businesses, organizations, school groups and other members of the community to promote disability awareness and advocate for people with disabilities.
Yanish is a 21-year-old with Cerebral Palsy and is from Maple Lake, Minnesota. She is currently attending St. Cloud Technical College, pursuing a degree in Child & Adult Development & Education. She is currently seeking sponsors to help cover the expenses to compete in the Ms. Wheelchair America 2005 pageant. Businesses, organizations and individuals interested in sponsoring Yanish should contact the Ms. Wheelchair Minnesota State Coordinator, Jen Onsum, at ms@mswheelchair mn.org.
The Ms. Wheelchair America is a program for women who are U.S. citizens ages 21 – 60 who use a wheelchair on a daily basis. The mission of the Ms. Wheelchair America Program is to provide an opportunity for women of achievement who utilize wheelchairs to successfully educate and advocate for individuals with disabilities. It is important to understand that Ms. Wheelchair America/Ms. Wheelchair Minnesota is not a beauty pageant. Contestants are judged on their accomplishments, self perception, and self-projection and communication skills in personal and on-stage interviews with a team of judges. ■
DEADLOCK
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.
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
- Cont. from p. 1
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
Social Security Overpayments: What To Do If You Get Benefits You Are Not Due
by Rhonda Whitenack, SS Public Affairs Rep.
We 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
Know If You Get SSI at www.socialsecurity.gov/ pubs/11011.html
But what if you or someone you know does get benefits that were not actually due? When we discover that you have been paid incorrectly, we will send you a letter explaining the overpayment and telling you how much money you incorrectly received. The letter also outlines repayment options.
If you are currently receiving Social Security benefits, we generally will plan to withhold those benefits in full until the overpayment is recovered. If that would create a financial hardship, you are given 10 days to ask to have us withhold a lesser amount in monthly installments. On the other hand, you also can pay
off the debt immediately by writing us a check for the full amount owed. If you are no longer receiving Social Security benefits, the letter asks you to repay the amount in full, but again, it also offers a monthly installment option.
If you currently are receiving SSI benefits, which are payments based on financial need, the overpayment letter explains that we will withhold 10 percent of your future SSI payments until the debt is recovered. If that would create a financial hardship, you have 10 days to request a different repayment schedule.
But both the Social Security and SSI overpayment letters also provide you with certain legal rights. If you disagree with our decision that you were
SS - cont. on p. 15
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-
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.
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. ■
Staff: Front Row — Nancy, Wendy, M., Sheila Back Row — Christine, Becki, Eloise and Chad
Working With A Disability Just Got Easier
by the Brain Injury Association of Minnesota
On 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-
DECISION -
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
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 ■
Cont. from p. 1 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 discussing a history of discrimination, the court identified a broad range of deprivations in different areas. The Court cited state statutes that categorically disqualify “idiots” from voting without regard to individual capacity, state prohibitions on marriage by individuals with mental disabilities, and prohibitions on individuals with various disabilities serving as jurors.
In addition, the Court cited a series of its own cases
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.”
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 the “equal protection” inquiry.
The Court held that, for the present, it need decide no further Title II issues than the ones presented here regarding access to the courts. The Court advised that such access must fall within the provisions of Title II and the defenses of undue financial or administrative burdens to the defendants, or fundamental alterrations of programs, would still apply. Therefore, if alternative services could
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.
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-
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
O R S A L E
before the Court.
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. ■
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“Words of Love” is a CD by Snoopi Botten, a musician with cerebral palsy who writes and performs inspirational songs using a synthetic speech system. To order, call (612) 872-7233 or visit Snoopi’s website at http:// hometown.aol.com/dectalk/ myhomepage/index.html
VOLUNTEER OPPORTUNITIES
Interpreter
Assist human services staff to effectively and efficiently serve non-English speaking clients by translating and reverse translating Hmong, Cambodian, Vietnamese, Russian, Somali, or Spanish and English and perform related duties as assigned. Volunteers must be at least 16 years of age. Contact Ramsey County Community Human ServicesVolunteer Services at 651266-4090 for additional information or e-mail to volunt eerservices@co.ramsey.mn.us mailto:volunteerservices@co. ramsey.mn.us
FREE DELIVERY OF LIBRARY MATERIALS
If you love to read, but can’t get to the library because of illness or disability, the Friends of the Minneapolis Public Library can help. Volunteers will deliver books, tapes, and other library materials to your door. For more information about this free service to Minneapolis residents with limited mobility, call 6306173.
Internships
Interns interested in a position where you can have an impact and gain a variety of skills will enjoy working with the Family Institute. Internships available include: Program Assistant, Marketing/graphic arts, and Business Management. Interns must commit to a minimum of ten hours per week. A nominal stipend will be paid. For more information contact the Family Institute for Creative Well-Being at 651-779-8199 or email diane@familyinstitutecwb.org
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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.
If you accept the fact that you received Social Security or SSI benefits you were not due, 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 website www.socialsecurity. gov/online/forms.html? #Other ■
Employment ads are $1 6-$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.
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
STAFF ATTORNEY
Central Minnesota Legal Services seeks full-time attorney for its St. Cloud office. New graduates considered. Specialize 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
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.
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.
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
MECHANIC
Journeymen equipment mechanic for day shift. Must have hydraulic/electronic experience and ability to weld. Class B CDL within 6 months of hire and pass DOT physical and pre-employment drug screen. Competitive wages and benefits. Please send resume by mail/fax/e-mail to:
Macqueen Equipment, Inc., 595 Aldine St., St. Paul, Mn 55104.
Fax 651-523-1153. E-Mail rbloedorn@macqueeneq.com. EEO
ACCOUNTING ADMINISTRATOR
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
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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
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