The ADA and Claiming Disability

Andy is right. Claiming identity is the most critical long term effect of a civil rights law.....

https://goo.gl/zOf0kv

I soon found my calling as a disability advocate and I learned to think of my disability as a positive differentiator; it gave me added credibility and gravitas in my chosen profession. I was proud to be a person with a psychiatric disability who was “out” as a professional and I felt welcomed by my colleagues with a variety of disabilities in Massachusetts and beyond.

The ADA made it easier for me to be open about my disability when I applied to work for Senator Tom Harkin on the U.S. Senate Subcommittee on Disability Policy, and my mood disorder is something that has informed and motivated my work since I came to Washington for that job in 1993.

My experience with disability made me better as an attorney adviser at the U.S. Equal Employment Opportunity Commission; as the general counsel and director of policy at the National Council on Disability; as the president and chief executive officer of the American Association of People with Disabilities; as the disability policy director for the U.S. Senate Committee on Health, Education, Labor and Pensions; and in my current role as the executive director of the Association of University Centers on Disabilities.

“You are not welcome here”: At concerts and music festivals, fans with disabilities are too often shut out, endangered and ignored

http://goo.gl/8o3xvx

And so when it comes to concert venues or festival spaces–many of which are located in older buildings or take place on land that’s not typically used for music, respectively–it’s always a question as to what kind of challenges might be lurking. But too often, it’s also unclear what sorts of necessary accommodations might have been implemented. And I’m not just talking about obvious things, such as a ramp leading into a venue, or a working elevator, or festival grounds that are flat enough to traverse. It’s also important to think about having an accessible bathroom that’s large enough to accommodate a wheelchair, or a bathroom that’s not down (or up) a flight of stairs; it’s having the option to request a sign language interpreter; it’s having an unobstructed view of the stage that won’t be blocked if people stand up in front of you; or it’s having a chair available away from jostling crowds. It’s even having a well-lit pathway to and from the parking lots, or (in the winter) salted sidewalks and snow cleared off from close drop-off points. These things aren’t necessarily top-of-mind when most people plan to enjoy live music, but for many people with disabilities, they’re crucial elements to having a safe, enjoyable experience.


Someone Asked My Son With Autism Why Eye Contact Is Hard. This Was His Answer.

http://goo.gl/fGRcID

I had Philip write back. He said:

I am letting you know about eye contact. My eyes see very well. Most people seem to need to have to look long and hard to make sense of a picture. I can take in a whole picture at a glance. Each day I see too many little petty details. I look away to not get overwhelmed by a lot of little bits of information. I watch things that a teacher or person I listen to tells me to watch. This helps me concentrate on what I should be focusing on. I can search for a teacher’s voice to try to focus on. I am academically learning best when I sit side-by-side with a teacher. A seat on the side keeps me focused on your voice and not on visual distractions. I am assessing many sounds too. I have to erase some stimuli to access my answers to people’s questions and meet their demands. That is why I don’t make eye contact. I am always listening. I listen a lot to voices. I so love when people talk to me and are not talking like I am not there. I am active because I am unable to feel my body well. People think I am being rude but I can’t help it. I need to move to feel my body, but sitting down at least helps me not walk away from you. Please peacefully talk to your nephew. Let him know you understand. I am sad when people think I don’t like them. I love people.

Optional “Inconvenience”

https://goo.gl/QwY9nL

Nobody would think twice about someone who uses a mobility device asking if there are ramps and elevators but it seems that our need for fragrance-free and reduced chemical exposure is perceived as a “preference” rather than a medical necessity. That perception leads to the idea that accommodation of our disability is an “option” (and generally it’s an “option” that service providers aren’t willing to make available.) It’s not that we don’t “like” fragrance, these chemical exposures cause neurological and physiological problems that interfere with our ability to function on a daily basis.

Social engagements and relationships, work environments, groceries and errands, medical and dental care, even taking a walk during the day… there isn’t any part of our lives that isn’t affected by the lack of accommodation or awareness. We take major risks by participating in every day life, and then suffer through the recovery time (which might be hours, days, or weeks).


DISABILITY HISTORY: LAURA HERSHEY, DENVER, CO

http://goo.gl/fNTHOh

Laura Hershey of Denver, Colorado, speaks about being disabled in the education system, the prevalence of images of pity, and disability issues on a national and international level.

Laura is nationally recognized for her activism and advocacy on a wide range of disability rights and social justice issues. She serves on several committees related to health care policy and engages in ongoing grassroots activism with groups such as ADAPT, Not Dead Yet, and the Colorado Cross-Disability Coalition. In recognition of her activism, Laura received the 1998 President’s Award from the President’s on Committee on Employment of People with Disabilities.


Special Education and the "Deserving Disabled"

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DREDF strongly supports government efforts to prevent the improper placement of students of color in special education. But what I want to talk about today is a new twist on the intersection of race and disability in special education that I believe is harming students of color with disabilities, particularly students of color with invisible disabilities such as ADHD, Specific Learning Disabilities, and PTSD. Implicit racial biases combined with paternalistic stereotypes about disability are causing schools to keep students of color out of special education to the detriment of their education and their future.

Please let me clarify from the start that when I talk about special education, I am NOT referring to a place, but to supports and services in the regular education classroom. Schools do not see my African American clients with behavior issues and academic struggles as disabled—they see them as lazy, defiant, and just plain bad. But at the same time, these struggling students do not fit society’s idea of a “disabled” student worthy of our pity and protection.


SOME PEOPLE WITH DISABILITIES ARE PREVENTED FROM GETTING MARRIED AND HERE’S WHY

http://goo.gl/wueq7h

While YES, technically, people with disabilities can get married, SOME face harsh penalties that are so steep they have no choice, but to not get married. This is similar to the argument people who were against LGBT marriage equality used when they said “technically” gay people could get married because they could marry a member of the opposite sex. While TECHNICALLY that was true, that doesn’t mean the law was not discriminatory, unfair, and oppressive. That does not mean gay people had a CHOICE in choosing to marry who they loved. Those people with disabilities affected by this penalty also have no CHOICE in choosing to marry who they love.

This law is a penalty….it ensures those with the most severe disabilities, those that cannot work, those that are working but cannot live without additional supplemental income, or those that require benefits and services only available through programs like Medicaid are forced to make the impossible choice between services…often life saving services, and marriage. I don’t believe that is any choice at all, much like telling a gay person to marry a straight person we have no real choice in whether we can marry.

How do you tell a person to choose between having food to eat and getting married?
How do you tell a person to choose between going to the bathroom and getting married?
How do you tell a person to choose between their medication or their therapy or their wheelchair or their program that helps them to be more independent and self-sufficient and getting married?


Helen Keller's Beloved Akitas

http://goo.gl/c6JMAJ

"Kami" as he was soon nicknamed, shared Miss Keller's stateroom on the journey and he quickly became the attention of all the passengers who showered him with attention. During the sixteen days of crossing a profound devotion developed between the two, Kami showed a special sensitivity to Miss Keller's emotions as she related: "If I cried from loneliness for my beloved teacher, he would put his big paw on my knee and press his cool nose against my cheek and lick away the tears." Miss Keller's beloved teacher, Ann Sullivan, had died in October the year before.

Tragically, Miss Keller lost little "Kami" at the young age of 7 1/2 months to distemper. Her grief was so deep, in devastation she cried "....another joy has gone out of my life." She wrote Mr. Ogasawara, in part: "If ever there was an angel in fur, it was Kamikaze. I know I shall never feel quite the same tenderness for any other pet......."

Later, once again Mr. Ogasawara provided a special Akita for Miss Keller, this one was to be the beautiful golden red litter brother to Kamikaze named "Kenzan-Go", he was over 24 inches tall and about 100 pounds.  Kenzan-Go was an "official gift of the Japanese Government" and it wasn't until after Kenzan-Go's arrival to a Brooklyn pier on the 1st day of July, 1939, as she departed to greet him, that Miss Keller learned  of Ichiro Ogasawara's gracious donation and of Kenzan-Go's relation to her precious "Kami".  Miss Keller and Miss Thomson waited anxiously on the pier from midnight till midday for the precious cargo to be unloaded.  The magnificent Akita came to her side, there to remain, as he knew it was for her he had journeyed.

Miss Keller often affectionately referred to him as "Go-Go".  Kenzan-Go settled in nicely to his new home with Miss Keller in Connecticut, he would move easily amongst her prized treasures from Japan, from jade carvings, elegant vases, objects of ivory and porcelain to beautiful rosewood and teak furniture, never even brushing against them.


Autism and Non-Fluid Speech

http://goo.gl/QT0SbX

I am a speaking autistic woman. Even so, I rarely have fluid access to my speech. Often times I have in mind something I would like to discuss with a friend so as to get their thoughts and ideas on the topic, but even though I know what I want to discuss the words are not available as speaking words. Oh, I know the words – they are in my head – I just cannot get them to come out of my mouth at will.

This often poses difficulties for me. One example is when I am with my friends who I consider to be brilliant in the field of autism. Most of the time I am with them for a purpose so we have an already planned agenda with little time for novel thoughts and musings sorts of discussions. We are all busy people in our professional and in our personal lives. Rarely is there time to get together for no reason at all – the times when I am most able to get the ideas in my head out through my mouth in speaking words.

Because I talk – and I can talk a lot – people who do not know me well are unaware of this difficulty.


3 Things You Can Do to Celebrate 25 Years of the ADA

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July marks the 25th anniversary of the Americans with Disabilities Act, one of our nation’s proudest civil rights triumphs. By prohibiting discrimination against people with disabilities in the workplace and beyond, the ADA ensures anyone with a disability has the opportunity to enter the workforce and can seek out jobs with confidence. Thanks to the ADA, many workers with disabilities around the country have enjoyed the dignity that comes from work − and have made our economy stronger as a result.

Here is how you can join us as we celebrate this month:

Explore the timeline: Learn about the laws regarding disability employment through the years with our historical timeline. From the passage of the Smith-Fess Act in 1920 to recent strides in increasing competitive integrated employment for individuals with disabilities, the Labor Department has always fought to protect, promote and expand employment opportunities.