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Independent Living News & Policy from the National Council on Independent Living

Civil Rights & the ADA

Election Websites: A Delusion Asking for Trouble

Source: electionLine

By Jim Dickson

Responsible public policy and the law require that all election related information and processes made available to all voters must be accessible. That means that the format it is saved in must be something that a screen reader used by individuals who are blind or visually impaired can read.

The Presidential election is almost upon us, total compliance for November would be difficult if not impossible. However, there is one small step towards accessibility that election officials could take in time for November’s election.

Make your sample ballot accessible! 

Americans with disabilities want to be educated voters. Accessible sample ballots would obviously help us. We could also take less time in the polling place if we already had our minds made up for whom we were going to vote for if we could use an accessible sample ballot. The sample ballot could be made accessible without disrupting the rest of the Election website. There are several vendors that have the ability, for a reasonable price of course to make the sample ballot accessible.

The National Council on Independent Living (NCIL), the largest cross disability membership organization in the country, has on our website (www.ncil.org/votingrights) a list of experienced companies which specialize in website accessibility. Plus, other resources are there to educate election officials about what needs to be done to make their entire website accessible.

Recently the New York State Board of Elections was sued in Federal court because their online voter registration system was not accessible.

Don’t be next! Start now to make your website accessible by developing a plan in conjunction with a first step of providing an Accessible Sample Ballot.

Jim Dickson is the co-chair of NCIL’s Voting Rights Subcommittee and one of the founding members of the United States Election Assistance Commission’s Board of Advisors.

NPR Panel Discussion on Voter ID Laws and the 2016 Election

On Tuesday, August 2nd, the Diane Rehm Show on NPR hosted a panel discussion about voter identification laws and the 2016 election. The show comes after recent Federal decisions that struck down restrictive voter ID laws in North Carolina, Texas, Wisconsin, and Kansas, and the panel analyzes how recent court decisions on voter restrictions will impact the 2016 election. You can listen to the show or access the transcript online.

Action Alert: There’s Still Time to Submit Comments in Support of the Food and Drug Administration’s Ban on Electric Shock Devices!

The comment period on the FDA’s proposal to ban electric shock devices used as behavioral “treatment” has been extended through Monday, July 25, 2016. As a reminder, the Food and Drug Administration (FDA) published proposed regulations that would ban these devices, which are used to deliver electric shocks as punishment for behaviors in both children and adults with disabilities. NCIL and other disability advocates have been fighting to end the use of these devices for decades. You can read more about this in our April Alert.

It is extremely important that disability advocates submit comments supporting this ban. We know that the Judge Rotenberg Center, the only institution in the country that still uses these devices, will have their supporters writing in to oppose this ban in full force. We must ensure that the FDA hears from people around the country who support their decision!

Comments are due on July 25, 2016, so please submit your comments as soon as possible! You can submit them online by visiting regulations.gov, entering the docket number FDA-2016-N-1111, and clicking on the “comment now” button. You can also mail your comments to: Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. If you are submitting comments that you would like to be held confidential, you must submit them by mail.

Sign On: Letter to Warner Brothers on the Continued Danger of “Me Before You”

Not Dead Yet LogoBy Diane Coleman, Not Dead Yet

Thanks, in part, to the great work of the disability rights community, writing, interviewing and protesting “Me Before You”, as of last weekend, the film was only being shown on 238 screens nationwide, down from over 2700 when it opened just six weeks ago.

But the film’s harmful message will continue for years in online media, so our work is not over. It’s too late for theaters, but the producers need to add a suicide prevention public service announcement to all further releases of this film in any form.

We have prepared a letter to Warner Brothers, calling for such a PSA (below). We are requesting that national, state and local disability organizations sign onto this letter by July 25. Please share this with organizations you know and urge them to sign on by emailing Diane Coleman ([email protected]) the following information:

  • Organization name:
  • Location City & State:
  • Is Organization National, State or Local:
  • Contact person & email:
  • Number of members or people served (if available):

Kevin Tsujihara, CEO
Warner Brothers
4000 Warner Boulevard
Burbank, CA. 91522

Dear Mr. Tsujihara:

We, the undersigned national, state and local disability organizations are writing to express our urgent concerns about the negative impact of the plotline and treatment of the assisted suicide of a lead character with quadriplegia in the film “Me Before You”.  [Read more…]

Register to Vote and ReVUp! July 11-15: National Voter Registration Week

With Election Day right around the corner, the National Council on Independent Living wants to remind everyone to register to vote! If you haven’t already registered, July 11-15th is National Disability Voter Registration Week. The aim of National Disability Voter Registration Week is to increase the political power of people with disabilities while engaging candidates and the media to recognize the disability community.

As people with disabilities, we make up about 20% of the American population. Given that statistic, we should account for 20% of the votes cast in elections. Voting affords us the ability to weigh in on critical issues that affect us. Through our votes, we can have a huge impact in choosing lawmakers that represent our best interests. The right to vote is one that we deserve. It is one that we DEMAND.

It’s up to you to ensure the disability vote is heard and accounted for; so register today! Visit AAPD’s RevUp site to learn how to register and get more ideas on how to REV UP!

Get Ready: National Disability Voter Registration Week Taking Place July 11-15, 2016!

National Disability Voter Registration Week (DVRW) takes place this year from July 11 to July 15th. As this is only a few short weeks away, organizing an event for the week may not be feasible. However, there are still many ways that you or your organization can get involved!

  • VOTE Emblem features the universal sybol of accessibility holding a paper with Choice check marked and Option uncheckedAsk your City Council to sign a proclamation to recognize National Disability Voter Registration Week in your community. View the sample proclamation.
  • Get involved with or attend a scheduled event for National Disability Voter Registration Week. View the American Association of People with Disabilities’ list of resources and events.
  • Set up a voter registration table and have a registration drive at a well-trafficked location in your community, such as a supermarket. Some tips:
    • Instead of a table, bring an ironing board. Not only does this unusual choice attract attention, but an ironing board is easily adjustable for those who need height adjustments.
    • Bring a sign with your organization’s name and the words “Register to Vote.”
    • If your organization has T-Shirts, make sure that you wear them.
    • Don’t just stand or sit by your table. Approach them with a smile and ask them if they would like to register to vote.
  • Take time to find out if your state has an online voter registration page. The biggest reason for lines on election day is problems with registration. Registering online eliminates issues with hand-printed registration forms such as illegible handwriting.
  • View our resources and consider joining the NCIL Voting Rights Subcommittee. Visit our page.

Submit Comments on the Proposed Rule Requiring SSA to Report People with Representative Payees to National Instant Criminal Background Check System

Many families have a tradition of hunting. Unfortunately, the Obama Administration wants to keep people with disabilities who need help with their finances from participating in that tradition. Earlier this year, President Obama issued his Executive Action to address gun violence in the U.S. Part of this action required the Social Security Administration (SSA) to start rule-making. SSA published a Notice of Proposed Rulemaking (NPRM) concerning “Implementation of the National Instant Criminal Background Check System (NICS) Improvement Act of 2007 (NIAA)” on May 5, 2016. This proposal requires SSA to identify people on SSDI who have a representative payee and report them to the Department of Justice for inclusion in the NICS.

This proposal is fundamentally flawed, and it is highly discriminatory. We need members of the NCIL community to submit comments opposing this proposal. There is no evidence to support a connection between gun violence and having a representative payee to help manage one’s benefits due to the Social Security Administration’s (SSA’s) definition “mental impairment.”

This proposed rule would perpetuate the misguided message that people with certain disabilities are dangerous. It would violate the privacy and other rights of people receiving social security due to disability. More importantly, it would do nothing to actually address gun violence.

Please respond with your comments by July 5, 2016, the deadline. It is important that as many people and organizations comment on SSA’s misguided efforts as possible. Centers can address how this would affect your consumers and services. Others can tell your story or a personal story of someone you know who has a representative payee and how they are not dangerous. CCD, a disability coalition with which we work has provided sample comments to work from.

Action Alert: Call Your Representative to Tell Them to Oppose H.R. 2646

The bill is still bad for people with disabilities.

Representative Murphy, the bill’s author, called H.R. 2646 the “Helping Families in Mental Health Crisis Act of 2015.” Others know it as the “Murphy bill.” Last week the House Energy and Commerce (E&C) Committee amended it and voted it out of committee unanimously. View the markup and the vote.

As we’ve discussed in previous alerts, the passage of this bill would have dire consequences for people with psychiatric disabilities. Misled by dangerous assumptions and false media portrayals of those with psychiatric disabilities, supporters of this bill believe they are advocating for improved access to services and protection from violence.

In reality, this bill would take away basic civil and human rights of people with disabilities. People with psychiatric diagnoses are much more likely to be victims than perpetrators of violence. They are no more likely to be dangerous than their peers without psychiatric diagnoses. Regardless of these facts, proponents of this bill seem to believe that those with psychiatric diagnosis truly are different and less capable than their peers and should be treated as such.

Perhaps most importantly, this bill limits health privacy under the HIPAA rules. Section 401 of the Manager’s Amendment would establish a “Sense of Congress.” This section would write a controversial definition into law. There is substantial research showing that people diagnosed with mental illness are able to make reasonable decisions about their care as do people with other chronic health conditions. The bill ignores this evidence, limiting the rights of people with psychiatric disabilities to privacy and to control their own care.

Section 404 requires the Secretary of Health and Human Services to promulgate new HIPAA privacy regulations. This creates the risk that more discrimination will be written into law consistently with the “Sense of Congress.”  [Read more…]

Center for Disability Rights Creates PSA on Assisted Suicide in Response to “Me Before You”

The Center for Disability Rights (a Center for Independent Living in Rochester, NY) has created a Public Service Announcement (PSA) to address disability and assisted suicide, one of the primary topics highlighted in the new romantic comedy, Me Before You. The film is based on the novel of the same name by Jojo Moyes, who also penned the screenplay. Me Before You tells the story of a cheerful underachiever, Louisa, who is hired as the Personal Care Attendant for a wealthy quadriplegic named Will Traynor. Louisa soon realizes her job is to convince Will to live, as he has an appointment at an assisted suicide facility in Switzerland in six months. Despite the two falling in love Will tells Louisa that love is not enough, and goes through with killing himself because of his disability.

The murder and killing of disabled people in Hollywood films is a common theme. Assisted suicide, in particular, can be seen in a number of films beyond Me Before You including Million Dollar Baby, The Sea Inside, and Whose Life is it Anyway? Assisted suicide is often presented as a logical ending to disabled lives. In these films, disabled people are seen as a burden, and are presented as suffering, so assisted suicide is seen as a reasonable and rational outcome. [Read more and watch the PSA at cdrnys.org…]

NCIL Members: Ask Your Local Governments to Sign a Proclamation Officially Recognizing National Disability Voter Registration Week

This year, National Disability Voter Registration Week will take place from July 11 to 15. In coordination with the American Association of People with Disabilities’ REV Up (Register, Educate, Vote and Use your Power) Campaign, NCIL challenges our members to contact your local governments to ask them to sign a proclamation officially recognizing National Disability Voter Registration Week. This action supports the growing involvement of the disability community in the political process and helps to build awareness about the political priorities and interests of Americans with disabilities. Urge your local government members to sign a proclamation in recognition of this important week! View the sample proclamation.