November 2017 Edition - Access Press

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WORK MATTERS, Page 7

Volume 28, Number 11

Keeping an eye on Washington D.C. is stressful for Minnesotans with disabilities. Worries about the future of Medicaid are combined with fears for the future of the Americans with Disabilities Act (ADA). Groups including the Minnesota Council on Disability, the American Civil Liberties Union and Disability Rights Education & Defense Fund (DREDF) are alarmed about the ADA Education and Reform Act of 2017. Disability rights advocates contend that the legislation isn’t reform, and would roll back rights and inclusion. As of Access Press deadline, the bill was passed by the House Judiciary Committee. It could go to the House floor at any time. Title III of the ADA allows people with disabilities to file lawsuits against business owners who don’t provide reasonable accommodations. Businesses found to be in violation don’t pay monetary damages, only attorney’s fees. Business must provide injunctive relief, to correct the violation. Businesses are only required to provide accommodations when doing so doesn’t present an undue burden, and when changes are technically feasible and affordable. Federally funded resources have long been in place to help businesses comply. In recent years attorneys have slapped businesses with lawsuits demanding damages. Critics contend the lawsuits only force businesses to pay the attorneys and don’t address access issues. DREDF contends that just 12 individual attorneys and a single disability law firm were responsible for more than one-third of all Title III lawsuits filed in 2016, accounting for more than 100 cases each. The legislation would weaken consequences and remove incentives outlined under Title III. It also wouldn’t eliminate frivolous lawsuits by attorney’s seeking damages rather than access improvements. “The bill’s backers are forgetting the everyday experiences of millions of people with disabilities who cannot shop, transact personal business, or enjoy recreation like most people can take for granted, because so many public accommodations across the country have ignored the reasonable requirements of the ADA,” a DREDF alert stated. “The ADA is the difference between participation and exclusion on a daily basis. Why should a wheelchair user be unable to join her family at a restaurant, just because the owner has resisted installing a ramp for 25 years?” The current legislation would require a person with a disability who encounters an access barrier to send a written notice spelling out exact ADA provisions violated. It also would give 60 days to acknowledge the problem, and then another 120 days to begin to address it. DREDF stated that no other group would wait 180 days to have civil rights enforced. “Even then, the business would face no consequence for violating the law for months, years, or decades, if it takes advantage of the months-long period to remedy the violation before a lawsuit is permitted.” A business would get six months to ALARM To Page 5

PAID

TWIN CITIES, MN PERMIT NO. 4766

Braun honored at annual banquet

"We must promote — to the best of our ability and by all possible and appropriate means — the mental and physical health of all our citizens." – President Kennedy, February 5, 1963

NEWS DIGEST

2017 Charlie Smith Award winner tirelessly makåes a difference

Activist and athlete Mark Braun was honored November 3 at the Access Press Charlie Smith Award banquet. A large crowd of Braun’s friends and family, as well as members of Minnesota’s disability community, were on hand to celebrate his accomplishment. Braun spoke about the challenges he faced as a child with disabilities, his life as a star athlete and his life’s work in helping and motivating others on a daily basis. See a list of past award winners on page 4 and see more banquet photos in our December issue.

Remembering JFK's work Page 2 Give the gift of Access Press Page 3 Be aware of Medicare scams Page 4 Book is re-released Page 8 Milestone is reached Page 10

Independent living skills offer community ties by Jan Willms A young woman with disabilities loves to play cards, but she has no one to play cards with. In steps her independent living skills (ILS) worker, who spends three hours playing card games with her. Sometimes an act of human contact and fulfilling an emotional need is a big part of the service provided by ILS staff. ILS can keep people with disabilities engaged in their communities and living with minimal supports. The program is increasingly becoming a valued option, in a time of waiting lists for housing and a focus on keeping people in the community. ILS training has been an active program with Accessible Space Inc., (ASI) for many years. The nonprofit provides accessible, affordable, assisted/supportive and independent living opportunities for persons with physical disabilities and brain injuries, and the elderly. Residents range from those needing minimal if any support services to people needing 24-7 care. Josh Berg, director of program services for ASI, said ILS training there had plateaued. Now it is expanding, serving people wherever they may be. Jody Parsons, the ILS supervisor for ASI, has been expanding the program. “We have doubled if not tripled the staffing in the last three months,” Berg

JAN WILLMS

by Access Press staff

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SUBMITTED PHOTO

Medicaid, ADA changes raise alarm

November 10, 2017

WWW.ACCESSPRESS.ORG

Karen Lund, right, relies on ILS worker Karen Ballanger. said. “We have 40 per cent more individuals participating in the ILS program, and we hope to double that amount by the end of the year. We can provide ILS services to anyone who qualifies, whether they are living in one of our buildings or in their own apartment or home,” he said. Karen Lund has lived in St. Paul’s Hamline Hi-Rise for three years. She relies on ILS training. Lund suffered a stroke about 15 years ago. “First my boyfriend had a stroke, and I was so worried about him that I had one,” Lund said. “I

couldn’t walk or talk, and I had to learn all over again.” Lund lives in assisted living with minimal services. She left her longtime home after her boyfriend’s death. Mary Ballanger, her ILS worker, helps Lund go through her mail and go out shopping. “And we go out to eat,” said Lund. Lund is glad for Mary’s assistance. “I’m glad I kept her,” she said jokingly. “Karen has done really well, and she has come a long way,” Ballanger said. “It’s tough to leave a place you have been living in for a long time, but she’s done SKILLS To Page 4


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