ADA Diaries of Alaska
A Vote for Justice
Community Prompt:
I urge Congress to enact, and the President to support and to sign, legislation such as the Americans with Disability Act of 1988, which will effectively protect all persons with disabilities against discrimination on basis of handicap.
I, furthermore, urge the establishment of those basic human support systems necessary to make rights real in every day life, and which will enable all people with disabilities to achieve their full potential for independence, productivity and quality of life in the mainstream of society.
I have personnally experienced and/or observed the following discrimination against people with disabilities:
Accessible to All Pages: 36 of 237
Respondents
Bonnie Nelson / Cheryl A Walsh /Signature Illegible / Tom Hogan / Cathi Bouton / Joyanna Geisler
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Bonnie Nelson
Also, when I was in The middle of getting chemotherapy for my cancer I was told by The Social Security Office staff & supervisor that I was a quarter short of being eligible for SSDI.
However, They Told me if I worked & became eligible, I would lose my Medicaid & be instead on Medicare, and therefore eligible for Medicare which would mean I would be responsible for 20% to 40% of my $30,000 to $50,000 bill.
At this point changes subject from MM to AC
My son has cerebral palsy, epilepsy & vision/hearing impairments. He has been mostly mainstreamed in regular classes with resource classes. I have always felt that his needs would have been better met if he could have received more assistance in the regular class but this is not budgeted for, Examples of assistance offered in many high schools in their lower 48, including colleges are: [note takers & writers]
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Cheryl A Walsh
1. Please continue to work on Social Security reform to include SSA as well as SSI. Current disincentives make it difficult for disabled individuals to return to employment.
2. Deaf individuals who rely on American Sign Language are often denied access to services in state and other agencies receive federal $ as direct services provides are uncertain how to obtain interpreters or are uncertain how to pay for the interpreters.
3. The public assistance office requires a great deal of paper work to be completed by the applicant. Applicants unable to complete the paperwork are referred to other agencies or are left to their own resources to complete it. This process may screen individuals out who need the services. It seems apropreiate. For the public asst. worker to assist in completing the necessary paperwork.
4. I feel there is a reverse discrimination toward blind individuals- they receive twice the benefits other disabled individuals receive.
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Signature Illegible
Dear Justin-
Thank you for your visit to Alaska. Your Brilliance and powerful public speaking are a real boost to us.
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Tom Hogan
The key discrimination I face is lack of accessible transportation (only one ride per week. As well, I rely on personal care attendance both which simultaneously threatened with insufficient funding.
Grocery Stores, Curb Cuts and Door jams.
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Cathi Bouton
Justin Dart
I apologize for this hastily scribbled note, but must leave this teleconference to return to work. I am the cofounder and former Executive Director of the Interpreter Referral line for the Deaf & Hard of Hearing in Fairbanks.
As such, I have witnessed an extraordinary lack of knowledge regarding the rights of deaf individuals, and specifically, using interpreters as a means of accessibility.
The Hospital, University, City of Fairbanks, Social Security Dept. of Motor Vehicles, are or have, refused to provide interpreting services when requested. It is my personal opinion that all notices or advertisements of public meetings should include a phrase such as ì sign language interpreter will be provided upon request or a sign language interpreter will be provided at this meeting.
It is a fact that in all the articles I have read regarding today is teleconference, never made mention as to accessibility to the deaf community, and in my mind, this too, is a form of discrimination.
Thanks for your time and willingness to work for changes!!
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Joyanna Geisler
My name is Joyanna Geisler and I am a service- provider in Homer, Alaska. The most predominant area of discrimination against individuals with disabilities is in the area of difficult access to public buildings. Most public buildings in this area are difficult if not impossible to access. Similar problems are encountered in restrooms located in public- use buildings.
Authors
Louis R. March Jr / Roger R Jasso, Sr. / Mary O’Brien / Joel Mehall / Karen Button
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Louis R. March Jr.
DEAR REPRESENTATIVE ELLIS:
RE: HANDICAPPED ACCESSIBILITY TO CITY OF SEWARD BUILDINGS
We have major problems in Seward, regarding accessibility to• City and State buildings for the handicapped and disabled. For Example: There is no accessibility to Seward City Hall, the museum,-which is downstairs) and the Ray building, (which is 3 stories high, and has very narrow stairways) and numerous other City and State buildings for the handicapped.
This is DEPLORABLE!
Another problem in Seward is: There are no parking spaces available in the downtown business district, marked handicapped. We definitely need them. Seward Mayor Harry Gieseler, stated that we don’t need any handicapped parking in the downtown business district. I feel 2 handicapped parking spaces on each side of the street, is not asking to much to comply with. They have designated areas for taxi cabs.
Another problem, in Seward, is lack of enforcement, of people who are not handicapped, parking in handicapped places. I have pictures of City of Seward Officials, who are not handicapped, parking in marked areas, for the handicapped. I have other documentation supporting my accusations, in the form of letters, from citizens of Seward.
Seward Police Chief Louie Bencardino and. Lt. Don Earl are informed about the situation, but refuse to enforce the law according to Senate Bill 78.
Seward City Manager Darryl Schaefermeyer and Eayor Gieseler and Representative Bette Cato are insensitive to the needs of the handicapped and disabled, especially accessibility to City and State buildings in Seward.
For Example: when Seward resident, Mrs. Harmon (her husband is handicapped) approached City Manager, Mr. Schaefermeyer, in his office about this problem, he replied that he runs this town (meaning Sewlard) and no one is going to tell him what to do.
Also Representative Bette Cato, at a State teleconference, (Which I have a tape of.) stated, “There is nothing I can do for you Mrs. Harmon as a Representative, This is a City of Seward internal matter.” I feel Representative Bette Cato is down right just passing the buck.
In closing; I want a complete Investigation of the entire City of Seward Officials that would become involved in this matter, and also as to what happen to the $150,OOO that was allocated to the City of Seward, for accessibility to Seward City Hall, for the handicapped and disabled.
If Mr. Schaefermeyer and Mayor Gieseler and Representative Bette Cato, are not compassionate enough to hear and act upon the urgent concerns and needs of the handicapped and disabled in Seward, then they should ALL Resign Immediately!
REPRESENTITIVE ELLIS
Representative Ellis, I appreciate you looking into these problems and also as to what happen to the $150,000 that was appropriated to the City of Seward, for accessibility to the City and State offices at Seward City Hall.
Representative Ellis, an immediate reply would be greatly appreciated.
Thank you for your time.
Sincerely;
Louis R. March Jr.
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Roger R Jasso, Sr.
JUSTIN DART, CHAIRPERSON
Task Force on the Rights & Empowerment of Americans
with Disabilities
907 6th Street, SW
Washington, D.C. 20024Dear Justin:
I definitely want to jot down a few lines to express my “burning angry” frustration at the hearing world for being a “stiffened neck” monster against the handicapped people without even trying to give us a chance to prove them what we can do.
In the past summer of 1988, after I got burned out from the teaching position of 5years, I have had sent a numerous resumes to various agencies and businesses for a higher paying job like a curriculum specialist, TV educational broadcaster, newspaper curriculation manager, property tax appraiser, salesman in numerous kinds
of businesses.Not one of them sent me an application or called me for an interview.
Everything was utterly MUM. Even in the modern day, we do, indeed, still feel the discrimination is yet very much alive and well just as much as the Demon does”!
Why???
Because they obviously take advantage of the laws being lax at this time and even they don’t use the word, “the handicap” in the Equal Opportunity statement in most cases.
I considered myself well qualified with two degrees, BA in Liberal Arts and MA in Special Education in the area of Deafness and plus numerous experiences in a wide range of previous occupations 1ike a car mechanic, color offset pressman, silkscreen maker, photographic technician, house construction worker, and other numerous “blue collar type skills”
And the worst one is that I may like to go back to college for an additional college work for the benefit of a promotion into an administration management/business area at the University of Texas in Austin, Texas.
Unfortunately, to my knowledge, the University of Texas won’t even share a cent to cover the expense of interpreting
service for any deaf persons who want to have some additional graduate college work.Of course, I don’t mind paying for the expense of tuition charge all by myself, but with the additional expense of the interpreting service – NO WAY! I It is, indeed, like I am being punished for just being a handicapped person by “double paying.”
Clearly the hearing world is cleverly designing a “stumbling blocks” against us in a very subtle way just to make themselves look innocent hypocrites. What a biggest filthy shame! Can’t you see we, the deaf people are unquestionably at the dead end street forever?
Sincerely,
Roger R Jasso, Sr. -
Mary O’Brien
Dear Ms. Bush,
Thank you for your letter of April 12, 1988 addressing the issue of Medicaid funding for diapers for handicapped children living at home.
You stated that in June 1986 all providers were notified that diapers for profoundly handicapped children living at home would no longer be covered. I suggest you contact the providers again, as some providers are still giving diapers until May 1st. My provider, Abbey Medical, has now billed me for the entire amount for this past year. As I mentioned in my letter to the Governor, I live on $394.00 a month.
Am I liable for your mistake? Will the other parents of profoundly handicapped children living at home be billed for the diapers they have received?
Please send me a copy of the report your Medical Review Section made after they polled the various insurance companies in state and Medicaid programs nationally to determine that you would discontinue paying for diapers.
I know that many states do, in fact, cover adult incontinence diapers for severely handicapped children living at home. I lived out of state in Tennessee last year, a very poor state, and they paid for diapers. I also know that Colorado, Missouri, Massachusetts, Kansas, and Washington state pay for diapers.
Did your agency only poll those states you already knew did not pay for diapers? I know this is not a federal Medicaid policy.
By your letter it is obvious you do not understand how diapers have been supplied. They are not an over-the-counter supply. You cannot buy these adult disposable underpants, as they are called on the box of 100, a t a grocery store.
A Doctor’s prescription must be presented before an order is placed. These diapers do not fit babies or toddlers. The smallest size fits a child with a 20 inch waist. Your insistence that should Medicaid pay for these diapers there would be thousands of Medicaid recipients purchasing diapers doesn’t hold water. I hope that non-handicapped nine year olds are not in diapers.
As I stated before, if I give my child up she will receive all the diapers she needs. I am saving the state of Alaska THOUSANDS of dollars a year by caring for her in my loving home. Please reverse this unjust policy.
Dear Steve Atkinson,
Here are the copies of all the letters I have written as well as replies I have received concerning the “diaper rebellion”. You will notice a reply to Kim Bush, Div. of Medical Assistance, that I wrote today.
Rebecca Graham, lawyer for ASK, wants to speak with you about the Alaska Medicaid statutes. Her phone number is 2743658. She knows of other parents in the same situation and has questions concerning Handicapped Children’s services dropping funding of diapers this past month. I hope you can look in to that as well.
I am demoralized by this whole situation. I am not a paid advocate with a salary and office. I have been struggling with this while at the same time caring for my child. A rhetorical question; what kind of state is this that has billions of dollars in the bank on one hand and on the other cuts out the very service that allows us to keep our children at home to save a few bucks a month? I know you are aware of the Governor’s budget for improved services for developmentally delayed children. That doesn’t mean anything to us if we can’t afford diapers.
I hope you will take this and run with it. You can help the poorest of the poor–the handicapped children who cannot help themselves.
Thank you,
Mary O’Brien
Dear Mary,
Thank you for your recent letter in regard to addressing the needs of persons with developmental disabilities in Alaska. I appreciated receiving your views on the subject.
As I have stated on many occasions, I have wanted to see funding restored for community service programs for the developmentally disabled. In fact, it was one of my highest priorities to fund
$1.5 million of new monies for the developmentally disabled in the HESS budget.
In the Senate version of the FY 89 Operating Budget, passed out of the Senate Finance committee Wednesday afternoon, I was pleased to see that my request of the $1.1 million was restored to the HESS budget for services to the developmentally disabled, with an additional amount of $400,000 designated for respite care for families with developmentally disabled children. By working together, we were able to ensure that the requested funding of $1.5 million made it into the final version of the FY 89 Operating Budget!
As you know, lawmakers face very difficult decisions in trying to adequately fund all the many needs faced by this state in a period of uncertain revenues. The needs of the developmentally disabled population have received a great deal of attention during this Legislative Session due to the efforts of advocates such as yourself who have worked so diligently to bring these needs to our attention. I commend you for these efforts.
Again, thank you for your letter. If there are any additional issues you wish to discuss with me, do not hesitate to contact my office. My number is 465-4821
Best Regards,
Senator Rick UehlingDear Ms. 0′ Brien:
I am responding to your April 20, 1988 letter concerning Medicaid coverage of incontinent diapers.
First, I want to apologize for a misunderstanding I had with my staff, and communicated to you in my first letter. The Medical Review Section did not contact other state Medicaid Programs concerning coverage of diapers, although they did check with Medicare and insurance carriers.
My staff has recently contacted states in our region and we are developing controls for our payment system similar to those used in Washington, Oregon and Idaho so that incontinent diapers may be covered.
We have in the past had a non-coverage policy concerning diapers (please see a copy of the provider letter attached, dated 3/86). As I stated before, we have not recently changed our policy, we were simply unaware that we had been paying for diapers.
We have cleared such coverage with our regional federal office, and have been given permission to restrict coverage to those eligible persons with a medical need for incontinent diapers. Given this approval, and the department’s commitment to supporting handicapped children, we intend to cover diapers through Medicaid.
The Division of Public Health is assisting us in developing our medical criteria. However, we are just now implementing a new computer payment system which is federally mandated. At this critical stage of development of the system we cannot make changes in what we have carefully designed in the past year.
Because we have had a written policy of non-coverage of diapers, we will have to design and pay for such a change. The medical criteria is an important factor, as are prices and billing codes for the products and notifying providers of the policy change. It is our intent to provide coverage as quickly as possible, but I cannot promise you a date at this point in time.
The division has checked with Abbey Medical concerning the bill you stated you had received for the past year’s diapers for your daughter. They said they have notified you that they are holding a bill for one month’s diapers totaling $228.00 pending the resolution of Medicaid coverage of diapers. If this information is not correct, please notify the division so we can resolve this problem.
I hope this information relieves your anxiety over this situation. Do not hesitate in contacting me if you have any further problems.
Sincerely,
Kim Busch DirectorEnclosure
cc: Steve Cowper, GovernorMyra Munson, Commissioner
Department of Health and Social ServicesKaren Perdue, Deputy Commissioner,
Department of Health and Social ServicesEric Hansen, Chief Medical Assistance
Division of Medical AssistanceNancy Bennett, Medical Assistance Administrative Officer
Division of Medical AssistanceState Ombudsman
Dear Mr. Dart,
Enclosed you will find my documentation of discrimination by the State of Alaska Division of Medical Assistance. Due to confidentiality I do not know how many other people were affected, but I think it is quite a number.
April 1, 1988 the D.M.A. stopped paying for diapers for handicapped children living at home. August 1, 1988 they re-instated paying for the diapers after deciding that diapers were again necessary.
Please give special notice to my initial letter to Governor Steve Cowper and the letters from Kim Bush. To this date I have not received an answer to my initial question of the legality of the Division of Medical Assistance bypassing AS47.07.030.
I still want an answer.
I have not received a reply to my letter dated August 2, 1988 to Kim Bush. In that letter I submitted my daughter’s March diaper bill that the D.M.A. refused to pay after I wrote my initial letter to the Governor. No other parent has been billed for diapers. I can only assume I have been singled out because of my action on this issue.
Thank you for your time. My phone number is 907-274-3501. Please feel free to call me at any time if you have any questions.
Sincerely,
Mary O’Brien -
Joel Mehall
NOTE ALASKA VETERANS ADMINISTRATION, I WOULD LIKE ALL MY FILES 181-14-8191 TO GO TO THE UNITED STATES OF AMERICA FEDERAL COURT FOR DECISION ON MY CASE. C-7.828-875 BY A FEDERAL JUDGE AND JURY.
THANK YOU.
SINCERELY,
JOEL MEHALL
P.S. THE TWO P.O.W. STORIES ARE PROVEN TRUE AND ALL ELSE!!!!!!!
CowboyJohn Corway Director
Veterans Administration
235 East 8th Avenue
Anchorage, Alaska 99501Dear Sir:
You sent me a letter, April 11, 1988. THE NOTICE OF DISAGREEMENT, I APPEAL.
I want my Veterans Administration Case 181-14-8191 to go to a FEDERAL COURT JUDGE AND JURY AND ALL MY MEDICAL AND CORRESPONDENCE. I EARNED THEM RIGHTS!Thank you.
Joel Mehall
August 21, 1988
United States Senate
Committee on Appropriations
Washington, D.C. 20510-6025
Senator Ted StevensDear Senator Stevens:
I thank you and all your office staff for all your time and help. but I’m sorry if I
am this way. The Veterans Administration made me this way. I am sending you some
copies of Prisoner of War. Please notice 3 signatures on them. Major General C.R.
Simmons (Ret.), Sergeant Edward Pinnix and Werner J. Lundo, Sergeant. AM I ENTITLED TO THE PRISONER OF WAR MEDAL?I did appeal MY CASE 04-29-88.
The Veterans Administration decision is not justice. Please see new evidence in
copies that I am forwarding to you.PLEASE BELIEVE ME. I DO NOT WANT TO DO THIS, BUT I DID TO FIGHT FOR JUSTICE, LIBERTY, AND TRUTH.
Sincerely,
Joel Mehall
181-14-8191
13085933April 12, 1979
363/21
C 7-828-875Joel A. Mehall
Box 7391
Ketchikan, AK 99901Dear Mr. Mehall:
It was determined by a rating decision of January 20, 1976 your nervous condition was not due to military service.
This decision was further confirmed in our Statement of the Case sent to you on January 20, 1977.
The Board of Veteran’s Appeals on March 20, 1978,states that you do not experience residuals of service-connected cerebral concussion and that any difficulties you may experience are on the basis of ethanol use and a chronic personality disorder.
Constitutional personality disorders may not be service-connected.
When a claim is disallowed by the Board of Veteran’s Appeals it
may not, thereafter, be reopened and allowed, and no claim based on
the same factual basis shall be considered.We are sorry we cannot grant you the benefits which you seek.
Sincerely:
H. WEISSMAN
Adjudication Officer
[handwritten: HAS ME BLACKBALLED
Very, Very Insulting.
Cc; VFW [handwritten: *checkmark]August 1, 1985
Michael G. Sheehy [handwritten: This one Investigate him]
Adjudication Officer
Veterans Administration
235 East 8th Avenue
Anchorage J Alaska 99501Dear Mr. Sheehy: [handwritten: Has me Black Balled.]
Re: 363/21, C 7828 875
Please send me VA Pamphlet 1-1. I wish to prepare an appeal. The
results of your findings on this claim certainly are not correct.When one has constant pains, and lack of good motion in my right arm,
neck and head, then I feel that the review of my claim certainly did
not consider the pains that accompany the back problem I have.Yours very truly,
Joel Mehall [handwritten: Michael G. Sheehy is
181-14-8191 Very Insulting.Joel Mehall
B. L. NEFF
94TH SESSION
POLICE DEPARTMENT
CITY OF KETCHIKAN
________________________________________________________________________
TELEPHONES: R. F. HACKSTOCK P.O. Box 7300
EMERGENCY (907) 225-6634 Chief of Police KETCHIKAN, ALASKA 99901
BUSINESS (907) 225-6631December 14, 1979
To whom it may concern:
JOEL MEHALL, M/W, DCB: 1-5-16, has no arrest record with the Ketchikan Police
Department.James K. Rockman/Records and Identification
LieutenantJKR/mh
ALCOHOLISM PROGRAM
LaPrele S. Rasmussen. R.N.,M.S. 3134 Tongass Avenue
Director Ketcllikan. Alaska 99901January 21, 1980
VETERENS ADMINISTRATION
406 W. 4th Avenue,
Anchorage, Alaska 99511.R.E: JOEL A. MEHALL
G-07 528 875Gentlemen:
I have known Joel Mehall for ten (l0) [20] years and if there was any indication of chronic alcoholism I would have been aware of it.
I have been working with alcoholics for twenty-three years and Joel’s
behavior does not classify him as an alcohol abuser. It is my opinion
that somewhere along the line someone indicate chronic alcoholism and it has remained a part of his record.Joel is not a user of this agency and his drinking which is minimal does not require any attention that other chronic alcoholics seek.
Sincerely,
TOM COYNE
Alcoholism Counselor
KCAP
cc: Louis Fiorella
Joel Mehall.October 2, 1980
Room 101
550 West 8th Ave
Anchorage, AK 99501Mrs. Barbara Blasco
Alaska Legal Service
301 NBA Bldg
Ketchikan, AK 99901Dear Mrs. Blasco;
Related to our phone conversation Thursday morning, October 2, 1980 in reference to Mr. Joel Mehall, I am enclosing form DD 149.
This form should be forwarded to the Army Board for Correction of
Military Records, Department of the Army, Washington D.C. 20310. Make sure that Mr. Mehall completes all of the blanks. He should not have to go to Washington to appeal (item 9 – mark no).Under remarks – explain that the hospital had listed him as AWOL
43 days when in effect he had returned to duty.The Anchorage V.A. is reviewing his case and have assured me that
they will make every effort to assist him.Sincerely,
WILLIAM C. OLESON
Outreach Team LeaderEnclosure
cc
Joel Mehall
Box 7391
Ketchikan, AK 99901[written in text: The Anchorage Office V.A. Has me Black Balled. Cowboy]
AK 90
October 2, 1980
Vet Center
Room 101
550 West 8th Ave
Anchorage, AK 99501Mr. Joel Mehall
Box 7391
Ketchikan, AK 99901Dear Joel;
Thank you for requesting our help in assisting you with a review
of your medical problem resulting from World War II combat.I have contacted the Veterans Administration in Anchorage. They
are reviewing and working on your case.I have also contacted Mrs. Barbara Blasco, Alaska Legal Service,
by phone. I am sending her a form for you to complete so that the
43 days AWOL can be removed from your Honorable Discharge paper.Please contact her for completion of this form.
Joel, we are all proud of your accomplishments and will assist you
until this matter is resolved.Sincerely,
WILLIAM C. OLESON
Outreach Team Leadercc
Mrs. Barbara Blasco
Alaska Legal Service
301 ~ Bldg
Ketchikan, AK 99901JOSEPH A. SHIELDS. M.D.,P.C.
Orthopedic Surgery
3236 Tongass Avenue
Ketchikan. Alaska 99901Telephone 907•226•9830
August 13, 1985
Re: MEHALL., JOEL
TO WHOM IT MAY CONCERN:
This is to state that Mr. Mehalls orthopedic problems, for which I have seen him, are most certainly Service related. I have quite a thick medical file on the patient and there is no doubt that his orthopedic problems are related to his injuries in the Service.Sincerely yours,
.
J. A. SHIELDS, M.D.
JAS/djWANDAL W. WINN, M.D.
3710 East 20th Avenue Anchorage, AK 99508
907-272-0586June 10, 1987
Mr. Mike Sheehy
Acting Director Veteran’s Administration Medical Office
235 E. 8th Avenue
Anchorage, AK 99501RE: MEHALL, JOEL
Dear Mr. Sheehy:
I wanted to take this opportunity to provide you some brief feedback regarding my patient Mr. Joel Mehall that I see in my capacity as physician and psychiatric consultant to the Gateway Community Mental Health Center in Ketchikan.
Although I do not see Mr. Mehall on an on-going individual psychotherapy basis, I do frequently receive feedback on him from clinical staff and occasional spend a session with him myself such as I did late last month. At that time I was able to review some of the new and increasingly voluminous file regarding his medical and physical condition as it relates to his period of military service.
I wanted to confirm with you my impression that Mr. Mehall is obsessed with what he views as ‘poor treatment by the Veterans Administration. Much of his time is spent with pursuing his disability claim through letter writing, evidence gathering, et cetera.
I do not view him as psychotic as he has adequate contact with reality.
In addition, he does not have the deeply ingrained maladaptive behavior patterns seen in a personality disordered individual. Rather, I would view him as having elements of traumatic stress and organicity, both of which I would view as probably related to his period of military service.
I would encourage you to move ahead with processing his claim in terms of hearings, appeals, or whatever is necessary as “going slow” on this one is causing a great deal of undue stress in Mr. Mehall’s life and may begin to compound his present mental and emotional difficulties.
If I may be of further help to you in this matter, please feel free ~to contact me through the Gateway Community Mental Health Center.
Sincerely,
Wandal W. Winn, M.D.
Diplomat, American Board of Psychiatry and Neurology -
Karen Button
May 4, 1989
Honorable Ted Stevens United States Senate Washington, D.C. 20510
Dear Senator Stevens:
In a country that touts itself to be a leader in both human and civil rights, it is more than disappointing to see and experience the reality of discrimination. Although we have civil rights legislation to guarantee equality to all citizens of the United States, there is still a segment of the population that does not have equal access to the American dream. To resolve the injustice experienced by 43 million Americans, I urge you to support passage of the Americans with Disabilities Act (ADA).
I work for an agency that provides basic needs services to persons who experience a disability. I also have numerous friends who experience a disability. I cannot count the number of times I have either personally witnessed or heard second-hand about the discrimination someone has experienced because of their disability; discrimination that is based on ignorance and supported by the lack of pertinent anti-discrimination legislation.
Here, I would like to share a couple of these experiences. A friend who experiences cerebral palsy was labeled “mentally retarded” as a child and put into “special education” classes. Unfortunately “education” was not a thrust of the class. It was not until she was in the 8th grade that an instructor finally realized my friend was not mentally retarded. Once “mainstreamed”, my friend, starved for knowledge, quickly excelled. She graduated from high school with the rest of her class, then went on to attend college. At twenty-eight, my friend, who was once misjudged by people who were unable to put their prejudice aside, now has her masters degree in counseling.
Another situation that I recall occurred during a recent visit to Juneau. While there, I was visiting with some people who had gone dancing at a nightclub the previous evening. They had only been there a short time when an employee asked them to leave; they were disturbing some of the other patrons. The reason? Some members of their group experience mental retardation.
These are only two examples, there are many more. The discrimination has varied from physical barriers to attitudinal barriers, from non-accessible buildings to non-accessible minds. Things that are taken for granted by most people, riding public transportation, utilizing air travel, going out to eat, or applying for a job, are things that America’s largest minority cannot take for granted.
In addition to “granting” a segment of America’s population the rights that have, really, been theirs all along, the ADA is an economic issue as well. There are many examples to share in regard to economics, employment, transportation, independent living, and so on. At this time, approximately two-thirds of people with Disabilities between the ages of 16 and 64 are not working. In a 1984 report to Congress, the Rehabilitation Services Administration indicated that the return for every $1.00 spent to return a person with a disability to work was $18.00
Transportation is another economic issue and one that is under debate in regards to the ADA. A requirement that new buses purchased by federally supported public transportation be accessible to persons who experience a disability has been, unfortunately, appealed by the Department of Transportation. The argument that it is less expensive and more efficient to maintain special transit systems for millions of people is untrue.
Another economic point is in regards to independent living with personal care attendants versus institutional living with 24-hour trained nursing care. I have personally heard testimony at a number of hearings whereby a person with a disability compared the expense of independent living versus institutional living in their own situation. Frankly, I was shocked that the figures institutional living was often double, and sometimes triple the cost of independent living. I was shocked because I have often heard of cases where Medicaid would not pay for personal care attendant services for a person to live independently, yet would pay 100% for the person to live in an institution. Besides the civil rights issue of allowing personal freedom in lifestyle, the economic issue makes no sense.
With these factors in mind -the inalienable right a person has to equality and the unnecessary economic burden to all taxpayers -passage of the Americans with Disabilities Act is imperative. I urge you to follow your best conscience and support this bill. Thank you.
Sincerely,
Karen L. Button
P.O. Box 5007 Anchorage, AK 99510
Anchorage, AK 99510Honorable Ted Stevens-R
United States Senate-R
Washington, D.C. 20510-RSenator Stevens-R
Honorable Frank H. Murkowski-R
United States Senate-R
Washington, D.C. 20510-R
Senator Murkowski-RHonorable Donald E. Young-R
United States House of Representatives-R
Washington, D.C. 2051S-RRepresentative Young-R
Honorable Tom Harkin-R
United States Senate-R
Washington, D.C. 20510-RSenator Harkin-R
Honorable Bob Kerry-RUnited States Senate-R
Washington, D.C. 20510-RSenator Kerry-R
Honorable James Exon-R
United States Senate-R
Washington, D.C. 20510-R
Senator Exon-R
- Sample Text-1
- Sample Text-1
Fact Sheet about the Americans with Disabilities Act of 1988
-The Americans with Disabilities Act of 1988 was a key recommendation of the National Council on the Handicapped in its 1986 report, Toward independence.
-The Act prohibits discrimination on the basis o f handicap in areas such I S employment, housing, public accommodations, travel, communications, and activities of State and local governments:
-The Act covers employers engaged in commerce who have 15 or more employees; housing providers covered by Federal flit housing laws; public accommodations; transportation companies; those engaged in broadcasting or communications; and State and local governments.
-The Act specifically defines discrimination, including various types of intentional and ‘unintentional exclusion; segregation; inferior or less effective services, benefits or activities; architectural, transportation, and communication barriers; failing 10 make reasonable accommodations; and discriminatory qualifications and performance Standards.
-The Act specifies those actions that do not constitute discrimination.
They include unequal treatment wholly unrelated to a disability or that which is the result of legitimate application of qualifications and performance standards necessary and substantially related to the ability to perform or participate in the essential components of a job or activity.
-The Architectural and Transportation Barriers Compliance Board will issue minimum accessibility guidelines.
The Attorney General, the U.S. Equal Employment Opportunity Commission, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Federal Communications Commission, and the secretary of Commerce will issue other regulations.
-The Act will not repeal Sections 503 and 504 of the Rehabilitation Act of 1973 and all regulations issued under those sections will remain in full force and effect.
Enforcement procedures include administrative remedies, a private right of action in Federal court, money damages, injunctive relief, attorney’s fees, and cutoffs of Federal funds.
- Lindsey Claud, 10 pages
- Kayden Williams, 10 Pages
- Anna Taylor, 10 pages
- Danielle Smith, 6 Pages
1 AK Video Histories Available for Transcription
Duane French
Links
Legacy Preservation Toolkit ADA Legacy Project Elected Officials of AK/USA Disability Organizations of AK Disability History Organizations It’s Our Story Links
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