New appointee, Page 10
Volume 27, Number 8
Waiver lawsuit to proceed
August 10, 2016
www.accesspress.org
Celebrating the ADA
Nonprofit Org. U.S. Postage PAID Twin Cities. MN Permit No. 4766 Address Service Requested
by Jane McClure
A class action lawsuit centered on management of Minnesota’s Home and Community-Based Waiver Services Program can proceed, a U.S. District Court judge ruled July 28. The court rejected a request by state officials to dismiss the lawsuit, which centers on deprivation of more than $1 billion in services to people with disabilities. The next step could be an immediate appeal to the federal Eighth Circuit Court of Appeals. No appeal had been filed as of Access Press deadline. The court was expected to issue a subsequent order and conference to address next steps with all parties in early August. The case moves forward with Minnesota Department of Human Services (DHS) Commissioner Emily Johnson Piper as defendant. Judge Donovan Frank dismissed DHS as a second defendant, stating that it would be redundant to have both DHS and Johnson Piper as defendants. Frank also dismissed the State of Minnesota as a defendant, because the lawsuit’s focus is DHS practices. The judge also stated that Minnesota’s counties are not Waiver lawsuit - p. 4
“The will to win, the desire to succeed, the urge to reach your full potential... these are the keys that will unlock the door to personal excellence.” — Confucius
NEWS DIGEST
Angelique Lele, Miss Wheelchair Minnesota 2015, and members of Young Dance performed at the Minnesota ADA Celebration July 26 in St. Paul. More pictures are on page 9. Photo by Jane McClure
Rights were violated in dispute by Access Press staff
A Twin Cities-based disability services nonprofit likely violated a worker’s civil rights when a requested promotion was denied. Minnesota Department of Human Rights Commissioner Kevin Lindsay issued the ruling July 5, in the case of Bradford C. Teslow versus Opportunity Partners. Lindsay’s finding that there is probable cause in Teslow’s case is considered groundbreaking insofar as how Teslow was treated, because of the national spotlight on workplace inclusion. It’s not a final ruling but allows Teslow’s complaint to proceed. The ruling sets into motion a conciliation process to resolve the discrimination allegations, which were filed in July 2015.
While indicating that it disagrees with the decision, Opportunity Partners has stated that it will change hiring practices. Recipients of support services will be considered for “regular” jobs. The ruling raises tough issues for agencies that provide job training, jobs and supportive employment services. The workers who come through the agencies are considered to be clients or persons served. Many want to be treated like “regular” employees. The difference is financial as hiring workers has a higher cost. Just 13 percent of Minnesotans with disabilities who received state services worked in integrated community settings, according to Hiring dispute violation - p. 3
Minnesota State Fair offers accommodations An accessible trolley and spacious new restrooms near the Kidway are among new Minnesota State Fair accessible accommodations for 2016. Also available for 2016 is a list of accessible and affordable dining options. This year’s fair is August 25 through September 5 in Falcon Heights. Fair Communications Director Brienna Schuette said the dining list outlines sit-down eating establishments at the fair that are accessible via curb cuts, have hard and sturdy floor surfaces and have places where a fair-goer can pull a wheelchair up to a table. In some places, Schuette said a chair might have to be moved to make room for a wheelchair or scooter. Diners should always ask for accommodations. The list appears at the end of this article. The fair offers an accessibility guide. Go to www.mnstatefair.org, click on the general information tab and then click on accessibility. Print out the guide. Accessibility questions can be sent to accessibility@mnstate fair.org, or call 651-288-4448. The fair’s main website offers information about admissions costs, special days and much more. A new 2016 feature is a free, accessible trolley. The trolley will travel along Randall Avenue with a stop at Buford Avenue. It will run 8 a.m. to 2 p.m. and 3 to 9 p.m. daily. It will serve guests who enter at Buford or park at the Robin Lot. A third addition is a new restroom building south of the Kidway children’s Demonstrations were and are a state fair highlight. area, on the west side of Cooper Street. The new 6,540-square-foot restroom Photo courtesy of State Services for the Blind Plan for fun - p. 15
Last call for the 2016 Charlie Smith Award nominations; first call for banquet sponsors. Page 3
Forums on PCA issues bring forth differing views. Page 2
Debate continues over the Disability Waiver Rate System. Page 4
It’s a dog’s life. Video festival announced. Page 11
Take the PCA survey by August 27. Page 12
INSIDE Around the Dial, pg 14 Enjoy!, pg 11 Events, pg 12 People & Places, pg 10 Radio Talking Book, pg 14 Regional News, pg 6