People simply labeled with mental health disabilities can be (and routinely are) deprived of our civil rights based solely on such a label.

Often such labels are assigned based on the briefest of evaluation (or none at all) with professionals working in the mental health system. Once assigned, such labels often mean the swift and total inability to make the most basic decisions about housing, finances, health care, parental issues, and the right to own and use firearms. On the supposed face of it, that last exclusion may seem to make sense — who wants people who the majority of society fears may be violent to have firearms? This belief, however, is based in fear and prejudice leading to discrimination in the form of an automatic deprivation of one of the most deeply held rights in this country. We aren’t talking about people who have been convicted of a violent crime — we are referring to people who, based solely on a label of a psychiatric disability, are summarily excluded from a civil right guaranteed to almost everyone else. There are numerous studies showing that people labeled with psychiatric disabilities are no more likely to be violent than anyone else — actually, we are more apt to be the victims of violence. We are too often seen as patients first and people — people with civil and human rights second. This understanding isn’t (and would never be) tolerated for any other part of the disability community — essentially, it amounts to absolutely nothing less than outright disability profiling.

Current federal laws (as well as laws in most states) prohibit people who have ever been committed (including outpatient commitment) or who are subject to guardianship from purchasing guns and ammunition. The inability to own a firearm excludes us from being able to go hunting with our families (for sport or subsistence), defend our households if confronted with a home invasion, or hold jobs where there’s a responsibility to defend fellow employees or our employer’s property. Being unable to own a firearm can pose more of a problem for people who live in isolated or otherwise unprotected areas of the country.

More than owning firearms, however, accepting this line of thinking sets a dangerous precedent that one group of people can be unilaterally deprived of their civil and human rights based on unfounded fear. As the next U.S. Congress prepares to be inaugurated and convene, we have to work together to be sure that this doesn’t happen. This will take not only persistent legislative advocacy but education. Even within CILs, the above fear-based views are all too common.

Earlier this week, the New Jersey Senate Health, Human Services and Senior Citizens Committee held a hearing on the state’s proposed assisted suicide bill (S382). Even though the disability community submitted a formal request for inclusion in the hearing, our request was rejected and nobody from the disability community was invited to serve as a witness.

NCIL is extremely alarmed by this deliberate exclusion of people with disabilities, and we stand with every other major disability rights organization in strongly opposing assisted suicide legislation. The disability rights community has been a vocal opponent of New Jersey’s assisted suicide bill, with disability groups – including CILs and the NJ SILC – comprising over half of the organizations who oppose the bill. And the reason for this is clear: people with disabilities are particularly vulnerable to abuse under these laws.

Assisted suicide laws don’t benefit anyone – rather, they reinforce stereotypes about whose lives are worth living. We need to continue to remind legislators to stop devaluing the lives of people with disabilities – equal rights include equal suicide prevention and access to support, not laws that make it easier to end our lives!

The Committee in NJ was not willing to hear our concerns, but we cannot afford to be dismissed from these conversations. Nothing about us without us!

SETTLEMENT AND HEARING TO BE HELD ON MAY 7, 2015 

TO ALL MEMBERS OF THE NATIONWIDE CLASS CERTIFIED BY THIS COURT TO INCLUDE BLIND PATRONS OF AUTOMATED TELLER MACHINES (“ATMs”) OWNED OR OPERATED BY EITHER CARDTRONICS, INC. OR CARDTRONICS USA, INC.:

On December 4, 2007, this Court granted final approval of a class action settlement agreement (“Settlement Agreement”) entered into between Plaintiffs, the Commonwealth of Massachusetts, the National Federation of the Blind (“NFB”), and several individual blind persons, and Defendants, Cardtronics, Inc. and Cardtronics USA, Inc. (collectively “Cardtronics”), concerning, among other things, the accessibility of ATMs owned or operated by Cardtronics to blind patrons under the Americans with Disabilities Act (“ADA”) and Massachusetts state law.  The class certified by the Court consists of patrons of ATMs owned or operated by Cardtronics who have total blindness or central vision acuity not to exceed 20/200 in the better eye, with corrective lenses, as measured by the Snellen test, or visual acuity greater than 20/200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle of not greater than 20 degrees (the “Class Members”).

The parties subsequently had a number of disputes concerning performance of the Settlement Agreement by Cardtronics.  The parties ultimately resolved these disputes through a revised agreement called a Remediation Plan, which was granted final approval by the Court on November 3, 2010.  The Remediation Plan extended some of the deadlines in the Settlement Agreement and also obligated Cardtronics to install customized voice-guidance software on the vast majority of its owned machines by December 31, 2010.  [Read more…]

The 113th Congress is coming to a close. The final weeks of 2014 are also the final weeks of this Congressional session. NCIL’s ADA / Civil Rights Subcommittee is preparing for this upcoming change by reviewing bills on ADA compliance introduced during the past two years. There were a few bills introduced in early 2013 that continue to be presented in each Congressional session. 

In the 113th Congress, three such bills were introduced in the House:

• H.R. 203, the Pool Safety and Accessibility for Everyone Act (Pool SAFE Act), introduced by Representative Mick Mulvaney (R-SC);
• H.R. 777, the ADA Notification Act of 2013, introduced by Representative Duncan Hunter (R- CA), amends the Americans with Disabilities Act of 1990 to deny jurisdiction to a state or federal court in a civil action a plaintiff commences for remedies for disability discrimination; and
• H.R. 994, the ADA Compliance for Customer Entry to Stores and Services Act (ACCESS Act) of 2013, introduced by Representative Ken Calvert (R-CA), amends the Americans with Disabilities Act of 1990 to prohibit an aggrieved person from commencing a civil action for discrimination based on the failure to remove a structural barrier to entry.

NCIL’s ADA / Civil Rights Subcommittee and our allies were able to stop momentum of co-sponsors to all of the bills in 2013 and no comparative bills were introduced in the Senate. NCIL provided education and advocacy to Congressional Representatives about the serious implications these bills have on the implementation of a 24 year old law. The Subcommittee is preparing for outreach in the 114th Congress because, unfortunately, these bills continue to be introduced each session.  [Read more…]

By Julie Espinoza – REACH of Plano Center for Independent Living

As we advocate ratification of the CRPD, the Convention on the Rights of Persons with Disabilities, it is important to include what the CRPD would mean for people with disabilities internationally in the areas of abuse and neglect. The absence of rights and the act of hiding any population in segregated facilities increases abuse, violence, and trafficking. The CRPD goes beyond ensuring the world treats its citizens equally – it prevents the atrocities that follow quietly when one group is denied equality.

At the Disability Rights International website, articles emphasize over and over how violence is linked to power and inequality. Some of the stories are heartbreaking. If people with disabilities have rights, then money can be used to keep them with their families or in their own homes. Institutions can decrease in existence. It’s a vicious chain and you can break it by voicing your outrage that the CRPD has to be argued and fought for after 25 years of the ADA working so well here.

The perfect tie-in is to plan seriously what you are going to do for the International Day of Persons with Disabilities on December 3, 2014. If we do not celebrate our successes and our worth, people quickly forget that we are important.

We, people with disabilities, must constantly remind society that we are people first and have inherent worth and important perspectives to contribute. We know that history repeats. We all lose ground as equal citizens when any group is unrecognized. Violence and abuse gain a stronger sanctioned foothold.

Take a moment to read some ideas for what you and / or your agency can do to promote the International Day of Persons with Disabilities and strike against violence against people with disabilities by advocating ratification of the CRPD. One person can draw attention. Be creative!

• UN.org: About the International Day of Persons with Disabilities
• International Day of Persons with Disabilities website (Australia)
• International Disability Alliance Press Release: Civil Society CRPD Forum 2014

Docket No. 11-CV-6690-JMF

United States District Court
Southern District of New York

ATTENTION: All people with disabilities who are within the City of New York and the jurisdiction served by the City’s emergency preparedness programs and services. This notice concerns a settlement that may affect your rights. Please read it carefully.

THE CLASS ACTION

This notice is to inform you of the settlement regarding a remedy in a class action lawsuit, Brooklyn Center for Independence of the Disabled v. City of New York, No. 11-cv-6690-JMF (S.D.N.Y.) brought on behalf of people with disabilities who are within the City of New York and the jurisdiction served by the City’s emergency preparedness programs and services. In November 2013, the Court found the City liable for failing to provide meaningful access to people with disabilities to its emergency preparedness programs and services. A copy of the Court’s November 7, 2013 Opinion and Order can be found at www.dralegal.org, www.nyc.gov/mopd, and www.nyc.gov/oem.

The parties have reached a settlement regarding a remedial plan to improve the City’s emergency preparedness program. The City has agreed to begin implementing the terms of the settlement, which remains subject to modification by the Court after considering objections, if any, by class members. As set forth below, you have the right to submit to the Court, in writing, any objection you may have to the settlement.  Following the close of the objection period, the Court will hold a public hearing to consider whether the settlement is fair, reasonable, and adequate. If the Court determines that it is, you and all other class members will be bound by the terms of the settlement.

SUMMARY OF THE SETTLEMENT

As part of the settlement, a complete version of which can be found at www.dralegal.org, www.nyc.gov/mopd, and www.nyc.gov/oem, the City will be taking a number of steps to address the needs of people with disabilities in its emergency plans:

Disability and Access and Functional Needs (DAFN) Coordinator and Community Panel

The City will hire a Disability and Access and Functional Needs (DAFN) Coordinator, who will be the lead City employee responsible for seeing that the City’s emergency plans meet the needs of people with disabilities and comply with state and federal law. The City will also create DAFN Coordinator positions at key City agencies that are involved in emergency response.

A Disability Community Advisory Panel will be established so that the City can gather expertise and feedback from the disability community regarding the City’s current and future emergency plans. The City will hold an annual forum for the public on issues relating to emergency planning for people with disabilities.

Canvassing

By August 2017, the City will create a Post-Emergency Canvassing Operation (PECO) plan designed to rapidly survey households after a disaster to assess and identify the critical needs of people with disabilities. During a canvassing operation, canvassers will go door-to-door carrying a mobile survey tool to input resource requests and refer those requests to appropriate partners for resolution.. Resource requests include but are not limited to food, water, electricity, medical care, and durable medical equipment.

Transportation

By August 2017, the City will estimate the demand for City-provided accessible evacuation and transportation services and will enter into agreements and work collaboratively with appropriate transportation providers to develop the City’s accessible transportation plans for pre-storm or forewarned evacuations. The City will also develop plans for the effective deployment of accessible vehicles during notice and no-notice events. The City will develop plans to relocate people with disabilities in frozen zones who have not evacuated and work with partner agencies to resume accessible transportation services as soon as possible after an emergency.

Sheltering

By the end of September 2017, the City will have a minimum of 60 accessible emergency shelters (separate from the 8 Special Medical Needs Facilities currently maintained by the City).  The minimum of 60 accessible facilities will be distributed throughout all five boroughs and will have the capacity to shelter approximately 120,000 people with disabilities in the event of an emergency.

Every accessible shelter will have accessible signage, provide for backup power, refrigeration, power strips, and a way-finding kit to assist people with disabilities in utilizing the shelter. The City’s reserve supplies will include sufficient numbers of raised toilet seats, accessible cots, mobility aids (canes, crutches, manual wheelchairs), basic medical suppliers, and extension cords. CART or ASL interpretation services will be provided at every accessible facility.

High Rise Evacuation

A NYC/ADA High Rise Building Evacuation Task Force will be assembled to address the gaps in the City’s planning for the high rise evacuation of people with disabilities from high rise buildings. The Task Force will consist of a committee of representatives from City agencies, subject matter experts, and disability community representatives. At the end of one year, the Task Force will develop recommendations to address high rise evacuation for people with disabilities, which will be implemented as part of a three year Work Plan.

The City will also upgrade the 311 system to include a new natural language IVR system where 311 callers seeking evacuation assistance can speak a combination of designated words to be connected to a dedicated pool of trained specialists who will be able to provide information about high rise evacuation.

Attorneys’ Fees

Plaintiffs are represented by Disability Rights Advocates and Sheppard Mullin Richter & Hampton LLP (“Class Counsel”). Class Counsel is still negotiating with the City regarding the amount of attorneys’ fees and costs that the City will pay them for their work on this case. If such negotiations do not result in a mutually agreeable amount, Class Counsel will apply to the District Court for legal fees and costs of the litigation of no more than $6.2 million. The actual amounts awarded will be determined by the District Court to ensure that the amount of attorneys’ fees and costs awarded are reasonable.

The settlement does not provide for any monetary relief to be paid to any plaintiffs or members of the class.

OBJECTIONS

You have the right to object to the terms of this settlement by filing a written, signed objection with the Court no later than December 29, 2014. You also have the right to appear at a hearing, which will address the fairness of the settlement agreement to the class. That hearing is scheduled for February 13, 2015 at 10:00 a.m. in the Courtroom of the Honorable Jesse M. Furman, United States District Judge, Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY 10007. The time and date of the fairness hearing are subject to change by the Court through written order to be docketed publicly on ECF.

Please note that, while the Court will read and consider your written objection whether or not you are present at the fairness hearing, if you wish to speak at the hearing, you must include a sentence in your written objection informing the Court that you wish to speak at the hearing. Written objections must be filed with the Clerk of the United States District Court for the Southern District of New York at the following address:

Clerk of the United States District Court
Southern District of New York
Thurgood Marshall United States Courthouse
40 Centre Street
New York, NY 10007
Specifying: Brooklyn Center for Independence of the Disabled v. City of New York, Civil Action No. 11-cv-6690-JMF

Objections may be filed in person or may be mailed to the Court at the above address but must be actually received by the Court by the deadline set forth above to be considered.  Copies of objections must also be mailed or delivered to counsel for the parties:

Christine Chuang
Disability Rights Advocates
40 Worth Street, 10th Floor
New York, NY 10013
(Counsel for Named Plaintiffs & Settlement Class)

Mark Toews
Senior Counsel
General Litigation Division
New York City Law Department
100 Church Street, Rm. 2-106
New York, NY 10007
Tel: (212) 356-0871
(Counsel for Defendants)