Inside Q Help Teens With Disabilities Achieve Independence — p. 3 Directory Of Organizations — Page 8 Volume 12, Number 3 SOURCES RESOURCES March 10, 2001 Organizing In Poland The Fuga Mundi Foundation by Amy Farrar Poland - cont. on p. 5 “Divide and conquer, in our world, must become define and empower.” — Audre Lorde On a street in Gdansk SUPREME COURT LIMITS ADA NO SUITS AGAINST STATES IN FEDERAL COURT FOR MONETARY DAMAGES by Kathleen R. Hagen Court - cont. on p. 10 Last month Access Press talked about the state of dis- ability rights in Poland. In this month’s Part 2 we look at a specific example of efforts underway in that country. “Fuga Mundi” is a Latin term for “Escape From the World.” Ancient philosophers coined the term thousands of years ago to describe when people went off to contemplate who they were in the grand scheme of things. That is why the term has been reanimated as the name of an organization in Poland that is educating people about the issues faced by people with disabilities in Poland. The leaders of the organization created it be- cause of what they didn’t see anyone else doing in their country. The Fuga Mundi Founda- tion’s creator, Marek Piasecki, is a modern-day hero in the truest sense. Piasecki, who is paraplegic, started his organi- zation three years ago with the help of friends in response to what they didn’t see around them when it came to support mechanisms and efforts on behalf of people with disabili- ties in Poland. Piasecki him- self makes no money at what he does, but is doing it be- cause it is something that he and his wife, a physical thera- pist with two jobs, truly be- lieve in. “It was incredibly energizing for me to see the amount of passion and time people put in to advance the cause of people with disabilities in their country for little or no wages,” commented John Tschida, the director of Public Policy and Research at Courage Center. Tschida visited Poland for two weeks in November and December after a group of Polish nonprofit organiza- tions (called Non-Governmen- tal Organizations, or NGOs) invited and paid for him to visit them and educate other NGOs and government and business leaders in Poland about changing public policy. The situation for people with disabilities in Poland today can be compared to that faced by people with disabilities 50 years ago in the United States. Advocates in Poland are fight- ing to integrate children with disabilities into the public school system, and face bla- tant discrimination fueled by a religious belief system dic- tating that people with dis- abilities and/or their families must have done something to “deserve” the disability. They are also fighting an infrastruc- ture that makes accessibility almost impossible, particularly for people in wheelchairs. Piasecki’s goals are to offer thorough rehabilitation ser- vices to disabled people in Poland through information and assistance, individual material and financial support, educational courses, and the construction of a rehabilita- tion and recreation center for people with disabilities. The center will provide training facilities as well as a commu- nity center similar to the Cen- ter for Independent living here in the Twin Cities. Piasecki has been successful at acquiring money from state funds by talking to govern- ment officials about the daunt- ing issues faced by people O n Wednesday, Febru- ary 21, 2001, the United States Supreme Court held, in “University of Alabama Board of Trustees vs. Garrett,” that state employees cannot sue their states for monetary dam- ages in federal court under the Americans With Disabili- ties Act (ADA). By eliminat- ing the threat of a monetary damages suit, the Court has removed an important incen- tive for the states to examine and remedy existing policies and practices. Although the ruling prohibits monetary damages, state employees re- tain the right to sue for “in- junctive or prospective relief.” That is, they can ask the fed- eral government to force the State to cease existing dis- criminatory practices or to change existing policies. For several months, lawyers and advocates representing persons with disabilities have waited for the Supreme Court’s decision. The Supreme Court had signaled in many ways its philosophy of “States Rights,” or returning power of govern- ment to the states. The most recent decision involving civil rights and state employment was a case where a state em- ployee in Florida sued the state for age discrimination. The Supreme Court held that states were immune from suit by state employees under the Age Dis- crimination in Employment Act because of the immunity protection granted states un- der the Eleventh Amendment to the Constitution. The Original Cases The Supreme Court’s “Garrett” ruling combined two claims of disability discrimi- nation by state employees. Patricia Garrett was a nurse at the University of Alabama- Birmingham University Hos- pital. After she was diagnosed with breast cancer in 1994, Garrett contended that her supervisor made negative comments about her disabil- ity, and repeatedly threatened to transfer her from her posi- tion as director of nursing at the hospital’s Women’s Ser- vices/Neonatology unit. Al- though Garrett could perform the essential functions of her job, she was demoted shortly after returning from sick leave. Milton Ash, who has diabe- tes and several respiratory impairments, including chronic asthma, worked in a confined area and also drove vehicles for the Alabama De- partment of Youth Services (ADYS). Because of his asthma, he repeatedly asked ADYS to enforce its existing non-smoking policy, and to repair vehicles which leaked carbon monoxide. Ash also asked to be transferred to an- other shift to accommodate a newly diagnosed condition — sleep apnea. Both Garrett and Ash brought suit against the State under the employment provisions, or Title I, of the ADA. The state brought a motion for summary judgment, which means that Alabama believed that, on its face, the suit was not viable and should be dis- missed. They argued that states were immune from suit by state employees under the ADA because of the Eleventh Amendment. The state dis- trict court agreed with them and dismissed the case. The Eleventh Circuit Court of Ap- peals disagreed and reversed. The Supreme Court analyzed this case the same way as it has analyzed previous deci- sions involving suits by em- ployees against a state. They asked two basic questions. First, did Congress intend to, in essence, waive immunity by the states to suit under the Eleventh Amendment? Clearly, in this case, Congress had that intention. The ADA includes language at 42 U.S.C., Section 12202, which states: “A state shall not be immune under the eleventh amend- ment to the constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this Act.” No “Widespread Discrimination” The second basic question asked by the Court was, did Congress have the authority to waive state immunity under the Eleventh Amendment in order to uphold the provision of equal protections or due process under the Fourteenth Amendment of the Constitu- tion? Here, the Court said Congress had exceeded its authority because it had not proved that this waiver of im- munity was necessary to ad- equately protect the equal rights of individuals with dis- abilities. The Court discounted the Congressional findings and record which led to the passage of the ADA, arguing that the record did not show extensive discrimination against persons with disabili- ties by states. The Court said that in order to uphold an “equal protection” argument, persons with disabilities would have had to prove that states had perpetrated the kind of blanket discrimination that was shown to exist against people of color, leading to the passage of the Voters Rights Act of 1965. Justice Breyer in his dissent attached an ap- pendix of all the reported dis- crimination by states against employees or applicants for employment which had been
Transcript
1March 10, 2001
InsideHelp Teens With DisabilitiesAchieve Independence — p. 3
Directory OfOrganizations
— Page 8
Volume 12, Number 3 SOURCES RESOURCES March 10, 2001
Organizing In PolandThe Fuga Mundi Foundationby Amy Farrar
Poland - cont. on p. 5
“Divide and conquer, in ourworld, must become define andempower.” — Audre Lorde
On a street in Gdansk
SUPREME COURT LIMITS ADANO SUITS AGAINST STATES IN FEDERALCOURT FOR MONETARY DAMAGESby Kathleen R. Hagen
Court - cont. on p. 10
Last month Access Presstalked about the state of dis-ability rights in Poland. Inthis month’s Part 2 we look ata specific example of effortsunderway in that country.
“Fuga Mundi” is a Latin termfor “Escape From the World.”Ancient philosophers coinedthe term thousands of yearsago to describe when peoplewent off to contemplate whothey were in the grand schemeof things. That is why the termhas been reanimated as thename of an organization inPoland that is educatingpeople about the issues facedby people with disabilities inPoland. The leaders of theorganization created it be-cause of what they didn’t seeanyone else doing in theircountry.
The Fuga Mundi Founda-tion’s creator, Marek Piasecki,is a modern-day hero in thetruest sense. Piasecki, who isparaplegic, started his organi-zation three years ago withthe help of friends in responseto what they didn’t see aroundthem when it came to supportmechanisms and efforts on
behalf of people with disabili-ties in Poland. Piasecki him-self makes no money at whathe does, but is doing it be-cause it is something that heand his wife, a physical thera-pist with two jobs, truly be-lieve in.
“It was incredibly energizingfor me to see the amount ofpassion and time people putin to advance the cause ofpeople with disabilities in theircountry for little or no wages,”commented John Tschida, thedirector of Public Policy andResearch at Courage Center.Tschida visited Poland fortwo weeks in Novemberand December after a groupof Polish nonprofit organiza-tions (called Non-Governmen-tal Organizations, or NGOs)invited and paid for him tovisit them and educate otherNGOs and government andbusiness leaders in Polandabout changing public policy.
The situation for people withdisabilities in Poland todaycan be compared to that facedby people with disabilities 50years ago in the United States.Advocates in Poland are fight-
ing to integrate children withdisabilities into the publicschool system, and face bla-tant discrimination fueled bya religious belief system dic-tating that people with dis-abilities and/or their familiesmust have done something to“deserve” the disability. Theyare also fighting an infrastruc-ture that makes accessibilityalmost impossible, particularlyfor people in wheelchairs.
Piasecki’s goals are to offerthorough rehabilitation ser-vices to disabled people inPoland through informationand assistance, individualmaterial and financial support,educational courses, and theconstruction of a rehabilita-tion and recreation center forpeople with disabilities. Thecenter will provide trainingfacilities as well as a commu-nity center similar to the Cen-ter for Independent living herein the Twin Cities.
Piasecki has been successfulat acquiring money from statefunds by talking to govern-ment officials about the daunt-ing issues faced by people
On Wednesday, Febru-ary 21, 2001, the United
States Supreme Court held, in“University of Alabama Boardof Trustees vs. Garrett,” thatstate employees cannot suetheir states for monetary dam-ages in federal court underthe Americans With Disabili-ties Act (ADA). By eliminat-ing the threat of a monetarydamages suit, the Court hasremoved an important incen-tive for the states to examineand remedy existing policiesand practices. Although theruling prohibits monetarydamages, state employees re-tain the right to sue for “in-junctive or prospective relief.”That is, they can ask the fed-eral government to force theState to cease existing dis-criminatory practices or tochange existing policies.
For several months, lawyersand advocates representingpersons with disabilities havewaited for the Supreme Court’sdecision. The Supreme Courthad signaled in many ways itsphilosophy of “States Rights,”or returning power of govern-ment to the states. The mostrecent decision involving civilrights and state employmentwas a case where a state em-ployee in Florida sued the statefor age discrimination. TheSupreme Court held that stateswere immune from suit by stateemployees under the Age Dis-crimination in EmploymentAct because of the immunityprotection granted states un-der the Eleventh Amendmentto the Constitution.
The Original CasesThe Supreme Court’s“Garrett” ruling combined twoclaims of disability discrimi-nation by state employees.Patricia Garrett was a nurse atthe University of Alabama-Birmingham University Hos-pital. After she was diagnosed
with breast cancer in 1994,Garrett contended that hersupervisor made negativecomments about her disabil-ity, and repeatedly threatenedto transfer her from her posi-tion as director of nursing atthe hospital’s Women’s Ser-vices/Neonatology unit. Al-though Garrett could performthe essential functions of herjob, she was demoted shortlyafter returning from sick leave.
Milton Ash, who has diabe-tes and several respiratoryimpairments, includingchronic asthma, worked in aconfined area and also drovevehicles for the Alabama De-partment of Youth Services(ADYS). Because of hisasthma, he repeatedly askedADYS to enforce its existingnon-smoking policy, and torepair vehicles which leakedcarbon monoxide. Ash alsoasked to be transferred to an-other shift to accommodate anewly diagnosed condition —sleep apnea.
Both Garrett and Ash broughtsuit against the State underthe employment provisions,or Title I, of the ADA. Thestate brought a motion forsummary judgment, whichmeans that Alabama believedthat, on its face, the suit wasnot viable and should be dis-missed. They argued thatstates were immune from suitby state employees under theADA because of the EleventhAmendment. The state dis-trict court agreed with themand dismissed the case. TheEleventh Circuit Court of Ap-peals disagreed and reversed.
The Supreme Court analyzedthis case the same way as ithas analyzed previous deci-sions involving suits by em-ployees against a state. Theyasked two basic questions.First, did Congress intend to,
in essence, waive immunityby the states to suit under theEleventh Amendment?Clearly, in this case, Congresshad that intention. The ADAincludes language at 42 U.S.C.,Section 12202, which states:
“A state shall not be immuneunder the eleventh amend-ment to the constitution of theUnited States from an actionin Federal or State court ofcompetent jurisdiction for aviolation of this Act.”
No “WidespreadDiscr iminat ion”
The second basic questionasked by the Court was, didCongress have the authorityto waive state immunity underthe Eleventh Amendment inorder to uphold the provisionof equal protections or dueprocess under the FourteenthAmendment of the Constitu-tion? Here, the Court saidCongress had exceeded itsauthority because it had notproved that this waiver of im-munity was necessary to ad-equately protect the equalrights of individuals with dis-abilities. The Court discountedthe Congressional findingsand record which led to thepassage of the ADA, arguingthat the record did not showextensive discriminationagainst persons with disabili-ties by states. The Court saidthat in order to uphold an“equal protection” argument,persons with disabilitieswould have had to prove thatstates had perpetrated the kindof blanket discrimination thatwas shown to exist againstpeople of color, leading to thepassage of the Voters RightsAct of 1965. Justice Breyer inhis dissent attached an ap-pendix of all the reported dis-crimination by states againstemployees or applicants foremployment which had been
March 10, 2001 2
CharlieSmithEditor
Metro MobilityUpdateby Lolly Lijewski
ACCESS PRESSCo-Founder/Publisher (1990-1996) ................................................................... Wm. A. Smith, Jr.Co-Founder/Publisher/Editor-in-Chief ............................................................. Charles F. SmithInterim Managing Editor ............................................................................................ Jeff NygaardCartoonist ..................................................................................................................... Scott AdamsProduction .......................................................................... Presentation Images, Ellen HoughtonEditorial Assistant .............................................................................................. Nathan Halvorson
ACCESS PRESS is a monthly tabloid newspaper published for persons with disabilities by AccessPress, Ltd. Circulation is 11,000, distributed the 10th of each month through more than 200 locationsstatewide. Approximately 650 copies are mailed directly to political, business, institutional and civicleaders. Subscriptions are available for $15/yr.
Editorial submissions and news releases on topics of interest to persons with disabilities, or personsserving those with disabilities, are welcomed.
Paid advertising is available at rates ranging from $14 to $18/column inch, depending on size and frequency.Classified ads are $8.00, plus 35 cents/word over 20 words.
Advertising and editorial deadlines are the 30th of the month preceding publication; special schedulingavailable for camera-ready art.
Access Press is available on tape. Call MN State Services for the Blind, 651-642-0500 or 800-652-9000.
Inquiries should be directed to: ACCESS PRESS • 1821 University Ave. W. • Suite 185N • St. Paul,Minnesota 55104 • (651) 644-2133 • Fax (651) 644-2136 • E-mail: [email protected].
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Drivers Wanted!Call for moreinformation.
The 2000 legislature askedthe Metropolitan Council
to conduct a study of the MetroMobility system, looking spe-cifically at four areas: long-range planning needs of thesystem; ways to integrateMetro Mobility into currentand future transit options; thereintegration of taxis into thefleet; and any potential changesin state or federal legislation.That study has been deliveredto the 2001 legislature.
The Steering Committeeworked for five months on thestudy and came up with somepositive, pro-active ways toimpact change for Metro Mo-bility and its riders. Some ofthose options include; the“Taxi Tickets,” program, whichwould not be a part of MetroMobility, but would enable rid-ers to use taxis with a basesubsidy coming from theMetro Mobility budget. The rider would then pay anyfare above the subsidy. Upon
the turnover of the fleet in July,Metro Mobility vehicles couldbe offered to taxi providers toincrease the number of avail-able accessible taxis in theMetro area. Legislation wouldneed to be offered by the MetCouncil to change taxi regula-tions so that these vehiclescould be used for this pur-pose. These options also in-clude providing better inter-face between Metro Mobilityand Metro Transit through in-tegration of computer sched-uling software and assistanceto riders with trip planning. Atravel-training program is rec-ommended by the Council toassist riders who have not rid-den fixed-route transit so thatthey can become more com-fortable with this process. “Itshould be stated here that noteveryone can or should usefixed-route service.” In addi-tion, the use of technologiessuch as Mobile Display Termi-nals, Automatic VehicleLocaters, and Global Position-ing Systems are being exploredto increase the efficiency ofthe system.
An initiative which was pro-posed by the Met Council, andwhich the advocates did notsupport nor agree with, is thepilot project to do “functionalassessments” on a percentageof new Metro Mobility appli-cants. Advocates would pre-fer to see more positive pro-active steps taken first beforeany changes in eligibility areconsidered.
Access The Outdoorsby Nathan Halvorson
In the October 10, 2000 issueof Access Press, Dennis
Stauffer reported on a new DNRWeb Directory for People withDisabilities. Recently, DNRhas expanded the page,featuring new informationabout accessible trails andwaterways near Rochester andthroughout the state. LarryNelson, regional director ofDNR, organized the webpageproject and reemphasized to
AP that DNR wants peoplewith disabilities not only toknow about the page atwww.dnr.state.mn.us , but,even more, they want peopleof all abilities to enjoy theaccessible wilderness ofMinnesota. This article servesas a little guide for seachingthrough the webpage—ahandy tool in arranging anoutdoor vacation this spring.
Like with any site, a person cansurf themselves in circlesclicking through the options.Jonathan Leslie, a member ofCapable Partners and anintegral developer of thewebsite, gave some of the bestadvice for scanning: “Justbrowse and have fun. Go to anarea, click and search.” Beforeyou go online with the DNR,you may want to write a list ofyour priorities for some timeaway—location, geography,and accessibility., for example,could be a few. Here are somemore ideas which could help inexploring the accessible DNRsite:
1) Once the DNR page appearson your screen, find the well-known blue wheelchairsymbol; it opens the door-way to accessible MN.
2) If you scroll down and clickon that button, a page called“Open the Outdoors”appears, with a photographof a family on an accessiblefishing pier. This pageprovides general guidelinesfor accessible naturalresources, including someimportant notes of cautionlike “the degrees of acces-siblity vary from site to site,”and “DNR staff may notalways be at a site to respondto emergency situations.” It
concludes with the reminderthat “an individual is thebest judge of her or his ownability.”
3) On the left side of the “Openthe Outdoors” screen, DNRruns a complete list of links:State Parks; State Trails;Wildlife ManagementAreas; State Forests;Fishing Information; Hunt-ing Information; Applica-tions and Permit Forms; andOther Outdoor Organiza-tions.
4) From this panel, the choice isup to you. If you want to goto an accessible State Park,for example, you would clickon the “State Parks” link fromthe list to the left of the“Open the Outdoors” page.
5) The “State Parks” page hasa few options. One of themost useful for trip-planningis a link on this page titled“Accessible Features” (Thislink appears in the “StateForests” and “WildlifeManagement Areas” pages,too). If you choose this link,you will open a PDF file witha list of the State Parks andcomplete information ontheir accessibility featureslike campsites, hiking trails,lodging and restrooms.From looking at this list, aperson can determinewhether or not a site wouldmeet their accessibility needsfor a trip.
6) Once you find a site that, onthe chart at least, soundsgood, you can close the PDFfile and go to the DNR searchicon that you’ll find at thetop of the page between the“Home” and “Events”
buttons.7) If you type in the name of the
State Park — “Crow Wing”for example — and select it,DNR will conduct a searchand bring up a list of “CrowWing” sites.
8) If you click on the one thatsays “Crow Wing —CurrentConditions,” you will findall of the infor-mation youneed — a map, geography,and contact phone numbersfor more information.
Outdoors - cont. on p. 6
MSCOD
NEED HELP WITH:• Employment? • Housing?• Health Issues? • Education?• Transportation? • Access?
Contact
The Minnesota State Councilon Disability
Your Source for information,referral and technical assistance.
concerned about my health. Ido believe that the positiveenergy created by readershas had a positive effect.Thank you, and please keepit flowing! I have asked JeffNygaard to write the editor’scolumn for me this month.
Charlie
***
In our front-page story this
month, attorney KathleenHagen explains the impact ofthe recent Supreme Court“Garrett” ruling. By decidingthat state employees cannotsue their state governmentsin Federal court for monetarydamages under the Ameri-cans with Disabilities Act, theSupreme Court of the UnitedStates has sent a frighteningmessage. Not only did theCourt find that there is no“widespread discrimination”against people with disabili-ties in the United States, but
they also appear to be sayingthat the Federal governmenthas no right to punish statesfor such discrimination evenif it does exist. We can onlyhope that future rulings donot go even further along thisroute, as the Court could callinto question the whole ideaof the ADA!
***
Making the transition frombeing a teenager to being anindependent adult is difficultfor anyone. The transition iseven more challenging foryoung people with disabili-ties, in part because of the lowexpectations that so manyinfluential adults have forthese kids. On page 3, MarkSiegel from the PACER Centershows that, with the proper
approach, we adults canmove away from being ob-stacles in these kids’ journeytoward independence, andtowards being helpful re-sources as these youngpeople try to become effec-tive advocates for them-selves. A short list of usefulphone numbers appears atthe end of his article.
***
See the story below, and thengo visit the DNR accessibilitywebsite and start planningyour camping trip now –summer is just around thecorner!
***The update on goings-on atthe legislature which appearson page 6 is shorter than we
had planned. Part of thereason is that our informationsources have been so busylobbying that it’s hard to getthem to slow down longenough to write up theirreports (see Lolly Lijewski’scolumn on page 5 to get just ahint of how busy thesepeople are!) Another reasonis that the Governor’s budgetcaught so many people bysurprise that legislators andadvocates are still formulat-ing their responses as I writethis column. It’s still early inthe session; by next monthwe should have more toreport. Stay tuned.
***
As anyone who has beenthrough it will tell you, can-cer treatment is a difficult
ordeal, often with manyups and downs. As thisissue of Access Press goesto the printer, Editor-in-ChiefCharlie Smith is experiencinga major “down” period. He isin the hospital fighting off aserious infection and othersecondary effects of hisongoing treatment foresophageal cancer. Charliehas been informed that hiscancer is more stubbornthan had been thought, andhis doctors are now recom-mending a new course oftreatment. Although he isfeeling quite poorly as I writethese words, we all havehopes that this is just atemporary setback, and lookforward to his return at theearliest possible date. Getwell, Charlie!
3March 10, 2001
IN BRIEF . . . .Entries For Sister Kenny Art ShowAccepted Through March 20
Ramp Project Transition Program ADA InformationMeeting Rooms Computer Lab Resource Library
Support Groups ...Chemical Dependency with Physical DisabilityGLBT with Disability
Chemical Dependency with Traumatic Brain Injury
1600 UNIVERSITY AVE. W., SUITE 16, ST. PAUL, MN 55104-3825651-646-8342 VOICE 651-603-2001 TTY 651-603-2006 FAX
HTTP://WWW.MCIL-MN.ORG
Do you remember your teenage years? Were they
exciting? Scary? Carefree? Allof the above? For most people,adolescence is a time to dis-cover who we are as individu-als. It is also a time to beginthinking about our futures. Webegin asking ourselves ques-tions like “What do I want todo with my life?” or “Where doI want to live?” For youth withdisabilities, the answers tothese questions are often un-clear. Often, youth with dis-abilities have low expectationsabout their futures. In addi-tion, parents, teachers, andother professionals sometimehave diminished hopes forthese young people.
While it is true that teens withdisabilities face many ob-stacles upon entering adult-hood, parents and teachers cando many things to prepare themfor this transition to indepen-dence and, most likely, mean-ingful employment. With theproper support and encour-agement, many young peoplewith disabilities have becomequite successful in their adultlives. Below are a few ideas toconsider when preparing ayoung person to become ahappy and productive memberof the community.
••••• Start Making Plans Early –Talk to your child about hisor her hopes and dreams forthe future. Encourage themto develop interests thatmight lead to a possible ca-reer. Give them the opportu-nity to observe different jobs.If they have career goals thatseem impossible, don’t dis-courage them. Instead, showthem what they will have todo to achieve that goal. Letthem know that it is okay todiscover new possibilities asthey pursue their originaldream. Friends and relativescan also be valuable sourcesof information for youth whoare curious about certain pro-
fessions. It is never too earlyto begin exploring the worldof work with your child. Ifparents and teachers expressconfidence in a child’s abili-ties and potential, that child’sself-esteem will increase andthey will have more hope fortheir futures.
••••• Educate Youth about TheirDisabilities – Many youngpeople have very little knowl-edge about their specific dis-abilities. Some youth cannotidentify the name of their dis-ability; much less explain howit affects their health. Youngpeople need this informationto become better advocatesfor themselves. Youth whohave basic information abouttheir disabilities are betterequipped to explain to futureemployers what accommo-dations they need to do theirjobs. They can also begindirecting their own healthcare because they better un-derstand how factors suchas diet and stress can affecttheir physical well-being.Youth should be encouragedto talk to their parents andphysicians about questionsrelated to their disabilities.Vast amounts of disability-specific information can alsobe found on the Internet andin public libraries.
••••• The Role of Schools – Underthe Individuals with Disabili-ties Education Act (IDEA),schools are required to pro-vide transition services tostudents with disabilitiesbeginning at age 14 (or earlierif appropriate). Transitionservices can include job skillstraining, college prep classes,development of independentliving skills, etc. The transi-tion services should help thestudent make progress to-wards post-secondary goalssuch as going to college, find-ing a job, or living indepen-dently. Transition servicesmust be listed in the student’sIndividualized EducationPlan (IEP). The student must
also be invited to any IEPmeetings where transition willbe discussed. If a parent orguardian feels that their childis not receiving appropriatetransition services, theyshould ask for a meeting withthe IEP team to discuss theirconcerns as soon as pos-sible. Parents can also con-tact advocates at PACERCenter with any questionsrelated to transition servicesor IEP’s.
••••• Know about Resources in theCommunity – There manyagencies and organizationsthat can help youth with dis-abilities achieve their goals.For example, the Departmentof Rehabilitation Servicesassists people with disabili-ties in finding and keeping ajob. Some of the servicesthat DRS provides includejob assessment and training,tuition assistance for collegeor technical school, and fi-nancial assistance for pur-chasing assistive technol-ogy. The Centers for Inde-pendent Living (CILs) canhelp youth develop skillssuch as balancing a budgetor finding an apartment. CILscan also answer questionsabout personal care services,accessible transportation, orother disability related is-sues. The Social SecurityAdministration has informa-tion about disability benefitsprograms such as SSI orSSDI. SSA can also answerquestions about work incen-tives that allow people withdisabilities to work withoutlosing their health insurance.
Youth with disabilities havemore options for their futuresthan ever before. By teachingyouth to advocate for them-selves and using resources inthe community, we can givethem the opportunity to fulfilltheir dreams. Every journeybegins with a first step. On theroad to independence, whatwill your child’s first step be?
RESOURCES FORMORE INFORMATION
••••• Department of RehabilitationServices (job training, place-ment): 651-296-9981; inGreater MN: 800-328-9095; onthe Internet: http://www.mnworkforcecenter.org/re-hab/vr/main vr.htm
1815; Mankato: 507-345-7139; Marshall: 507-532-2221; St. Cloud: 320-529-9000; Moorhead: 218-236-0459; East Grand Forks: 218-773-6100; Hibbing: 218-262-6675; on the Internet: http://www.macil.org
••••• Social Security Administra-tion (disability benefits, workincentives): 800-772-1213;TTY: 800-325-0778; on theInternet: http://www.ssa.govFor detailed information on
work incentives, visit SocialSecurity’s Work Site at http:// w w w . s s a . g o v / w o r k /index2.html.
• PACER Center (parent train-ing and advocacy, informa-tion, referral): 952-838-9000;Greater Minnesota: 800-527-2237; TTY: 952-838-0190; onthe Internet: http://www.pacer.org
Mark Siegel is a transitionspecialist at PACER Center.
Sister Kenny RehabilitationServices is currently accept-ing entries for the 39th AnnualArt Show by Artists with Dis-
ADA Minnesota will host adistance learning session, Ac-commodating People withPsychiatric Disabilties, onTuesday, March 20, from 1:00-2:00 p.m., at the MCIL Of-fice, 1600 University Av-enue, Suite 16 in St. Paul.
The Hennepin County Boardof Commissioners is seekingapplicants for seven vacan-cies on the Children’s MentalHealth Advisory Council. Thecouncil reviews, evaluates andmakes recommendations to theCounty Board regarding thelocal children’s mental healthsystem. Vacancies include:
Do you have a few hours dur-ing the month of March, andwould like to help sell beautifulroses while raising funds andawareness for chapters of Arc?Arc Minnesota, a non-profitorganization dedicated to im-proving the lives of persons
with developmental disabilitiesand their families, is conduct-ing its “Annual Rose Sale”in recognition of NationalMental Retardation andRelated Disabilities Aware-ness Month.
abilities. The show is sched-uled for April 19th through May16, 2001. Artists may enter twopieces of art and may call Kathy
Schultz at (612) 863-4463 for anentry form with guidlines. Thedeadline for entries is March20th.
Kim MacDonald-Wilson,Center for Psychiatric Re-habilitation at Boston Uni-versity, will be the pre-senter. She will talk aboutthe necessary steps andchallenges of providing acompletely accessible work-
station for an employee witha physical disability.
If you are interested in attend-ing or have questions, contactAnn Roscoe, ADA Minne-sota, 651-603-2015 (V), 651-603-2001 (TTY), or 1-888-845-4595.
••••• Two vacancies for a formerclient of the children’s men-tal health system
••••• Three vacancies for a repre-sentative of a diverse ethnicand cultural group/minoritypopulation
••••• Two vacancies for someonewith an interest in children’smental health.
Members serve three yearsfrom the date of appointment.The deadline for applicationsis March 14.
For more information aboutHennepin County open ap-pointments or to receive anapplication, contact (612)348-3257.
Arc needs volunteers fromMarch 5 – April 6. Dozens ofroses will be sold at discountedprices at various locationsthroughout the Twin Cities.To volunteer, or for more infor-mation, please contact Deb orJammi at (651) 523-0823.
HOUSING AND PERSONAL CARE SERVICES
Accessible Space, Inc. (ASI) offers subsidized one and two bedroomapartments for individuals with physical disabilities. We have housing in theTwin Cities metropolitan area, St. Cloud, Brainerd, Grand Rapids, Hibbing,Austin, Marshall, Willmar, and Duluth.
The apartments are fully wheelchair accessible and each building has acentral laundry room, large community room, secured entry and an on-sitecaretaker.
ASI also offers shared personal care services 24 hours a day, at mostlocations, for adults with a physical disability and/or traumatic braininjury who qualify for Medical Assistance.
For more information call (651) 645-7271 or (800) 466-7722. For servicesor housing call Lisa, for employment as a personal care attendant call Al orAngie.
I have always been a high func-tioning woman with musculardystrophy but the years ofactivity and pushing myselfare catching up with me. I havea weak neck for the first timeEVER. My right arm and handare considerably weaker. (I amright handed and this is reallya problem.) For the first time inmy life, I am scared shit-less!!!I hate going through this hid-eous “phase” of my disabilitybut I have to learn how tohandle it and get through it. Iknow there are others who havethis disease and are worse offthan I am. I just don’t knowhow to accept any more loss ofstrength and functioning. Idon’t think I have it in me, to behonest with you. I appreciateyour sharing your experiencesand advice.
Sincerely,Weakling
Dear Weakling,
When it comes to issues likethis there are never any easyanswers or simple responses. Ialso have muscular dystrophyand I know how hard it is tolose strength and functioning.As with any progressive dis-ability it becomes a matter ofliving day to day and adjustingwhen our physical abilitychanges.
Loss of physical strength isdevastating. All of us, eventhe most able-bodied person,will one day have to face thebreakdown of our bodies. Ofcourse, we fear this day. I be-lieve our fear of physical de-cline is so overwhelming that itcauses disabled and elderlypersons to be shunned by oursociety. It is very sad when ourfear causes us to shut downour hearts to the people expe-riencing this most difficult time.Many of us don’t even knowhow to be compassionate inthe face of elderly or disabledpeople, instead we feel uncom-fortable and we long to escapeto our television ideals of fash-
ion models and perfect health.
The problem is, if we have spentour lives escaping the realityof physical decline, we will becompletely unprepared whenour time comes. Somehow wehave thought that it wouldn’thappen to us. Or that if wedidn’t think about it too muchit wouldn’t happen to us – atleast not for a long time. Wekeep busy as a further assur-ance than it “cannot” happen– “not now.” We are so afraidof losing physical ability andhealth that we want somehowto be able to get a handle on it,to gain some sense of control.
Unfortunately, we can’t con-trol our physical decline -- evenif we eat healthy, slow down,and try to be happy -- eventu-ally life catches up to us. Mostof us feel we can’t handle it ordon’t have the ability to copewith such loss. Yet, since wehave no choice we find ways tocope. Intellectually, humansare very inventive and good atadjusting to change. Our emo-tions are another story.
Every time I experience a lossof physical functioning I gothrough the same routine ofemotions. First I panic and tryto get away. I may try to hide,ignore or deny that this is re-ally happening. I might evenpush myself further in an at-tempt to defy this loss of abil-ity. I do anything I possiblycan to get away from the fact ofmy physical decline. When Ican no longer deny it, I getangry. I think this is not fairbecause I already had so manyproblems even without thisnew added problem! Somehowit seems like because it is unfairit should not or could not reallybe happening. I may find waysto blame myself, others, or God.I might think that if I promisenot to do such-and-such againI will get better. In time, thesevolatile emotions quiet downand are replaced by an over-whelming feeling of despair,hopelessness, or grief. Oncethere is no getting around thereality of my loss, there is no
other more natural emotion thanthis type of depression. It is atime of sad hibernation, much-deserved self-pity, and intro-spection. Finally, this sober-ing up often opens the way tofinding out how I can get alongnow that this has happened tome. I start life again from mynew perspective.
I have found that there is notonly no way to get around ourbodily decline, but there is alsono way to get around our emo-tional reaction to it. We need toallow ourselves to go throughthis hard time and not addstress and judgement on our-selves by telling ourselves thatwe should be handling it bet-ter. We all handle it the best wecan. It is not easy. No amountof positive thinking can lessenour pain (although it mightmask it temporarily). There isno reason why we need to ap-pear as martyrs when we aregoing through one of the hard-est times of life. I think it is morehelpful if we just try to be hu-man—
To allow ourselves to gothrough all the feelings with-out judging ourselves.
To admit we feel like we can’tget through this and that wehate it.
I think you would be inhumanif you felt any other way at thistime.
While I certainly feel over-whelmed by the reality of myprogressive loss of physicalability, I also know that eventhough I feel I can’t get throughthis, somehow eventually I willfind a way. I hope this helps.
– nicole
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On Mental Illness/Brain Disorders
Life As It Isby Pete Feigal
The following are excerptsf r o m Pete’s speech atthe“Day on the Hill” rallyfor mental health at the stateCapitol on February 20, 2001.
Recently I spoke to a re-spected legislator from
the southwestern part of thestate who told me that mentalillness, from a political point ofview, was a “non-issue.” Hesaid that his constituents nevertalk about it, politicians aren’tinterested in it, and that, al-though he appreciated whatwe were trying to do and thenobility of our cause fightingfor equality, we were doomedto disappointment. He saidthat we were shooting for “piein the sky,” and that we should“...Grow up, stop dreaming,which really IS madness, andstart seeing Life As It Is.”
I am 45 years old. I have battledmental illness for 35 years, andMultiple Sclerosis for fifteen. Iwas put into the mental healthsystem when I was 15, and Ihave seen “life as it is.”
I have seen the shame and pityof uneducated families andfriends who didn’t know whatto say to their loved one, so
they turned their backs anddidn’t say anything.
I have heard the equally deaf-ening silence of the lockedwards where, contrary to thesensational images of the me-dia, people are too lost andhopeless even to cry.
I have experienced the inequi-ties of the health care system,where we have to be eitherdestitute or wealthy to accessthe medical treatment we need.
I have lived in the insanity ofThe System, where our dis-ease is covered by the Depart-ment of Human Services -- thedepartment that deals withwelfare, dog-catching andsnow removal -- while all otherillnesses are covered by theHealth Department.
I have witnessed the helpless-ness of wonderful medical pro-fessionals who leave the men-tal health system in frustrationbecause they can’t stand be-ing part of the dysfunctionalrevolving door system whereno real healing or recoverytakes place.
I have grieved for gentle, lov-
ing people who, although theynever in their lives raised ahand in violence, took theirown lives in desperation andpain, with their deaths endingup as criminal statistics.
I have felt the desperation andpain of their grieving familiesmultiplied, when the religiousinstitutions they belonged towouldn’t even give them thegrace of allowing theirchildren’s bodies to be buriedin Holy ground.
I have known ill and lonelypeople who preferred to freezein the winter, starving underhighway overpasses, prey toany predator in the “foodchain” of the street, rather thanreturn to the humiliation andtorture they experienced indecades past at the hands ofthe mental health system, asystem that they are convincedstill exists.
I have seen life as it is, andwhen life is this crazy, this in-sane, who’s to say where mad-ness lies? When even in theUnited States of America, inMinnesota, in the Twenty-FirstCentury, the systems our poli-ticians, insurance companies,and physicians have createdto “help” suffering people witha medical condition are thisout-of-control, heartless, andineffective, who can say where“mental illness” really lies?Maybe true craziness is whenwe “grow up,” stop dreaming,stop trying and accept “life asit is.” Maybe to surrender tobitterness and cynicism, likethe legislator I spoke to, is themost insane of all.
He’s wrong. It’s only by ourdreams and hopes that theworld will ever change. And itis changing.
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5March 10, 2001
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Disability Culture
One Day In The Life Of An Advocateby Lolly Lijewski
Being an advocate isn’t thatglamorous. It’s never one
of those occupations studentsidentify as what they want tobe when they grow up. Mostadvocates would say theydidn’t plan it, they “kind of fellinto the work.” It’s not anoccupation profiled on manyTV programs. And the imageof advocates these days, insome arenas, isn’t a positiveone. So, what is a day in the lifeof an advocate like?
It starts about 8 A.M. as I walkinto room 5 in the State OfficeBuilding (affectionately calledthe “SOB”) for a hearing on theMetro Mobility legislativestudy. I have my testimonyprepared, which I spent threehours writing the night before.
As I take my seat, I hear thatthere is someone on the sched-ule before the MetropolitanCouncil’s presentation and theadvocates. I look at my watch,knowing I have a Metro Mobil-ity ride scheduled for 9:30.
As I wait for our turn, I reviewmy notes. Then Nacho Diasfrom the Met Council gets upto give their presentation ofthe study. As time moves on,I realize that I’m not going to beable to testify because my rideis due soon and Nacho is stillspeaking. Fortunately, twoother advocates are in the roomwith me and ready to testify.
It comes time for me to leaveand I take my ride back to myoffice. I walk in the door and
our receptionist says there’s aconsumer on the phone whowants to talk to me. I haven’tyet taken my coat off, and havemy hands full of stuff. “OK, letme go to my office and you canput them through.” I walk intothe office and throw my stuffon the empty chair across frommy desk as my phone rings. AsI pick it up I reach over to turnon the computer. “Hello, this isLolly,” I say, and on the otherend of the phone an exasper-ated voice says, “I’m calling totalk to you about Metro Mobil-ity.”
“OK,” I say as I take off my coatand sit down to listen. I knowwhat’s coming, but I listenbecause I know that’s what Iwould want someone else todo for me.
“I’m so frustrated!” says thevoice, almost in tears. “Myride was two hours late pickingme up and I was on the van forover 90 minutes. The drivercould hardly speak English andgot lost and wouldn’t ask fordirections.”
I listen and try to comfort thefrustrated consumer. I knowthat I can’t offer immediatesolutions, and I know that thepolicy work being done byadvocates will take a while toshow up in the service, but Ican’t say that to the consumer.For now I can only offer afriendly voice and a willing ear.
As I hang up I simultaneouslycheck my voice mail and email.I have seven voice mails andanother 30 emails. I triage themas if I were an E.R. nurse.
I move through the work I canand then pick up my coat andmy dog’s harness and I am offagain to the Capitol for moremeetings with legislators. Thetopics will vary today: MetroMobility, accessible housing,and MA-EPD. Some of thelegislators we’re seeing wedon’t know well. Will they be
receptive? Will they raise is-sues we can’t respond to?Most legislators know a littleabout a lot of things. It’s ourjob to educate them about thedetails.
As we complete a particularlydifficult meeting with a legisla-tor who is a highway supporterand not a transit supporter, wewalk out and breathe a sigh ofrelief; “Made it through thatone.”
After the meetings I come backto the office to prepare for anevening presentation. It’sgoing to be a 13-hour day. Inmy absence, more voice mailsand more E-mails have accu-mulated. I get the materialsready for the presentation andwrite out my outline. The pre-sentation will cover the ADA,plus local advocacy issuessuch as transportation, healthcare, housing, employment andthe workforce shortage. It willalso cover global issues likeassisted suicide, genetic engi-neering, prenatal testing, se-lective abortion, and the valueof a life with a disability.
Then a woman comes in to seeme about a project she’s work-ing on. She is looking for someresource information on dis-ability culture. As we talk Igive her several ideas and re-ferrals. This meeting is fun andeasy.
Before I leave for my presenta-tion, I have an appointmentscheduled to help a womanshoot a video as part of anapplication process for gettinga guide dog to work with her asshe transitions into using awheel chair. As I’m shivering,waiting on the icy sidewalk forher and the photographer tocross the street, I think aboutmy job and how lucky I am tohave such a variety of interest-ing tasks and issues to cover.With all of its challenges andfrustrations, I wouldn’t wantto be doing anything else.
with disabilities in Poland. Heis struggling to educate thework force, businesses, andgovernment about howpeople with disabilities canbenefit them. Most importantof all, Piasecki wants to shat-ter the viewpoint that peoplewith disabilities are a popula-tion that should be main-tained through governmentchecks or seen as wards ofthe state.
Piasecki and other advocates’biggest obstacle, saidTschida, is history itself. Hesaid there are very low soci-etal expectations for peoplewith disabilities in Poland,among politicians, businessleaders, and people with dis-abilities themselves.
“There is a local colloquial-ism in Poland that you can doanything ‘for’ someone, butnot ‘with’ someone,” he said,meaning there are problemsin the country with peopleand organizations working asteams to achieve results.“Although this is changing,they need to do a better job,”said Tschida. “The situationin Poland is not without asilver lining,” he added, point-ing out that many new build-
POLAND - Cont. from p. 1
ings are accessible, and thereare highly-placed and influen-tial public officials with dis-abilities. Organizations arestarting to come together tocombine their political cloutand have a greater effect onchanging policy. Ironically, hesaid, “The Polish Constitutionrecognizes people with disabili-ties in ways ours doesn’t.”Tschida learned that the staterehabilitation fund has alsoswelled with direct appropria-tions and money derivedfromfines levied against busi-nesses, and it pays for many ofthe same things the state reha-bilitation organizations herepay for, including education,training, and computers.“While you can argue the mer-its of some of these ‘benefits’they do at least point to a greaterrecognition of the disabled,”he said.
The evolution that will bringabout change in Poland forpeople with disabilities will bea step-by-step process, saidTschida. He predicts peoplewith disabilities in Poland willwitness greater changes overthe following decade than everbefore.
This article is taken fromthe inclusive ministry
newsletter known as Inroads,published by the Office of In-clusive Ministry in the Arch-diocese of Seattle, Washing-ton in January 2001. I wonderhow many of us can truly saywe “never make these judge-ments.”
••••• I would never blame the par-ents or the family of a personwho develops kidney dis-ease.
••••• I would never describe a per-son with Multiple Sclerosisas emotionally weak.
••••• I have never heard a news-caster describe a violent crimi-nal as slightly asthmatic.
••••• I have never heard that aperson with arthritis has di-minished learning and men-tal capacity.
••••• I have never described a per-son with heart disease as lazy
because of the limitations oftheir illness.
••••• I would never fear a diabeticbecause s/he might be con-tagious.
••••• I would never say a personwith leukemia is to blame forhis or her own illness.
••••• I would never expect to at-tend a movie based on theantics of a person with cere-bral palsy.
It is, after all, the year 2000, andwe are far more knowledgeableand sophisticated than everbefore. I would wager that youwould never make these judge-ments, either. But, I live with amental illness and all of theabove have been attributed tome and others in the same situ-ation.
By Mary Hopkins
Are we knowledgeable andsophisticated?
March 10, 2001 6
Update: MN Legislature 2001by Jeff Nygaard
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As a follow-up to last month’sbrief response to the impact ofGovernor Jesse Ventura’s 2001budget proposal, AccessPress presents the followingvery brief update on legisla-tive activities, based on reportsfrom disability advocates ac-tive at the Capitol. This monthwe give a few details on MetroMobility, the Workforce Crisisin home health and commu-nity-based care, the ConsumerSupport Grants Program, andSpecial Education. Next monthwe hope to give further up-dates on these issues, plusinformation on things not ad-dressed this month, includingthe waiting list for communityservices for people with devel-opmental disabilities, the Medi-cal Assistance for EmployedPersons With Disabilities pro-gram, prescription drug cover-age, and the 100% Campaign,among others.
Metro MobilityAdvocates continue to reportproblems and delays withMetro Mobility, indicatingthat, despite notable suc-cesses in the lobbying effortsof advocates for the disabled,there is still a long way to go tohave the type of paratransitsystem that our citizens need.One of the most significantsuccesses is the recent pro-posal by the Governor of fullfunding for the Metro Mobil-ity system, which we reported
last month.
Additional successes include:advocating that the Metropoli-tan (Met) Council undertakelong-range planning for thesystem for the first time in itshistory, a projected increase inthe Metro Mobility fleet for thefirst time in eight years; an 11percent increase in the re-
quested allocation for the bi-ennium from the Met Council;trip denials are now beingcounted according to the Fed-eral Transit Administration’sinterpretation of the ADA; theMet Council has requested anadditional $2 to $3 million to
address directly the issue oftrip denials; they have invitedadvocates to be a part of thebudget process for the firsttime in history; and sufficientmoney will be allocated in thenew provider contracts for anincrease in driver wages.
Workforce CrisisBi-partisan members from both
the State Senate and House ofRepresentatives wasted notime in introducing legislationfor rate increases for home careworkers, despite the minimalamount proposed in theGovernor’s budget. SenatorSamuelson (DFL) and Repre-sentative Goodno (IR) intro-duced identical bills -- S.F.372& H.F.559 -- requiring a 6%increase in Year One and 6%increase in Year Two of thebiennium. This will help ad-dress our current workforcecrisis by helping to attract andretain caregivers for peoplewho receive home and commu-nity-based services throughMedical Assistance. Eightypercent of the proposed in-crease is to be used to raisewages and related costs fordirect care staff.
A hearing for S.F. 372 was al-ready held in February in theSenate Health and Family Se-curity Committee. The billpassed unanimously and wasreferred to the Health Finance
Committee. Due to the largesize of this proposed increaseand the breadth of services itcovers, it is likely that we willsee smaller rate increases eachyear than currently proposed.This amount will, in part, beinfluenced by the number ofphone calls, letters, and per-sonal visits made by peoplewho want to see this legisla-tion passed. This meanscaregivers, providers and re-cipients of these services havea chance to directly impact thefinal outcome! If you careabout this bill, it is importantfor you to contact your StateRepresentative and Senator.Tell them in your own wordshow this legislation would helpyou if it passed or hurt you if itdidn’t.
Consumer Support GrantsAs reported last month, theGovernor’s Department ofHuman Services (DHS) bud-get proposal limits the state-funded Consumer SupportGrant (CSG) Program to 200persons. It is expected thatthe number of persons usingthe CSG Program will exceed200 before the end of the legis-lative session. DHS thus farhas not revealed whether ornot they will cut persons fromthe program, and, if so, howsuch termination decisionswould be made.
The CSG Program is being in-creasingly utilized, especiallyby families of children with sig-nificant disabilities, due to thecrisis in obtaining staff fromagencies to provide services.Unfortunately, only 14 coun-ties have decided to offer thissafety net service. Many per-sons with disabilities acrossMinnesota would like to usethis service but their countieshave not agreed to offer it.Representative Fran Bradley(HF 1064) and Senator LeoFoley (SF 963) have introducedbills which would require coun-ties across the state to offer theCSG Program. DHS would berequired to contract with othercounties or agencies to admin-ister this CSG Program in coun-ties unwilling to participate bySeptember 1, 2001. Clearly,
expanding the CSG Programstatewide runs counter to theGovernor’s proposal to limitthe program to 200people.
Special EducationAs reported last month, no newfunding for special educationis provided for in this legisla-tive session. Instead, the Gov-ernor would like to put pres-sure on the federal level tofund 40% of pupil costs. Ad-vocates are concerned that leg-islators do not understand thenecessity for increased fund-ing at the State level.
House Bill #447 and Senate Bill#768 will establish parity be-tween kids in care facilities andkids in the public educationsystem. For children in thecare facilities, they will receiveeducational services within thefirst three days of their stay, asopposed to the current 2-3 week
delay before education ser-vices begin. Also, these billswill require that school dayswill have to be as long as thedays in the local school dis-trict, whereas a child in the carefacility typically receives onlyone hour of instruction eachday.
The House has discussed theADHD legislation (Sen. 447,House 768) that moves for al-ternative treatment before pre-scribing amphetamine pre-scription drugs, such as Ritalin,and parents who refuse anevaluation cannot be chargedwith educational neglect.
A bill will be introduced toallow paraprofessionals to doclerical paperwork for specialeducation teachers, freeingmore time for them to focus onstudents.
Mental Health Rally at the MN State Capitol, Feburary 20th
OUTDOORS - Cont. from p. 2This is just a simple option foryou to begin carving your ownpath through the DNR site. Itis a comprehensive site—complete with permits forpeople with disabilities, fulldescriptions of “InterestingAccessible Highlights” likeMystery Cave and Goose-berry Falls, up-to-date infor-mation on traffic, conditions,and events, and links to groupslike Wilderness Inquiry,Capable Partners and UFFDA,(the United Feder-ation ofDisabled Archers) who arethere to help people withdisabilities who want to maketheir own trails throughMinnesota’s acces-siblewilderness.
The accessible portion of the
DNR page, www.dnr.state.mn.us, is a community effort.Leslie commended DNR forvoluntarily taking up theproject: “This is not a fundedmandate. The DNR people aredoing this on their own withextra time. It is the product ofpeople who are concerned andcare for people who arephysically challenged. I hopethe DNR site will help peopleget enthusiasm back and over-come the hurdle of thinkingthey can’t use the outdoors”because, as Mike Passo, aDNR site contributor fromWilderness Inquiry insists,“the opportunity to recreatein the outdoors is such anintegral part of everybody’slife.”
7March 10, 2001
Hearing And Deaf Together InThe Finger Danceby Nathan Halvorson
AccessiblePerformances
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The following performanceswill be Audio Described (AD)for people who are blind,orhave low vision, or interpretedin American Sign Language(ASL) for people who are deafor hard of hearing.
“The Finger Dance: A DeafGirl’s Journey Through Mu-sic” ASL 3/9-3/25: Fri. 7pm,Sat.-Sun. 2pm; no show 3/17;Tues-Thurs 9:30, 11:30 & 12:45;AD Tue, 3/20, 11am; Stepping-Stone Theatre, 651/ 225-9265
“Who’s Afraid of VirginiaWoolf” AD Sat., 3/10, 1pm(sensory tour 11pm); Fri., 3/23,7:30; ASL Fri., 3/16 & Thurs., 3/22, 7:30; Guthrie Theater, 612/377-2224, TTY 612-377-6626
“The Tempest” AD Sun, 4/8,2pm; Theatre in the Round Play-ers, 612/333-3010
Stepping Stone TheatreFor Youth Development
presents the world premiereof The Finger Dance: A DeafGirl’s Journey Through Mu-sic by Mark Steven Jensenand Flint Keller, with music byGary Rue. Keller also is thedirector of this bi-lingual play(American Sign Languageand English) which features aspirited and talented cast ofseventeen hearing and Deafchildren. The Finger Danceopened at The LandmarkCenter in St. Paul on March 9and runs through March 25.See the ad on this page fordetails.
The 17 young people in theshow unite hearing and Deaffrom all ages and areas of theTwin Cities, with some actors(and their parents) travellingup to an hour each way totake part in the nightlyrehearsals in St. Paul. Whenthe production began just amonth ago, the hearing andDeaf struggled to find com-
mon ground. One of thehearing actors, Paul McGlave,who plays the role of Cole inthe play, said that “it was hardat the beginning, not beingable to talk to everybody andnot being able to understandthem. We could only reallyhang out with the kids whocould hear, but now that welearned a little sign language,it’s making it easier. I reallyliked meeting a whole bunchof people that I wouldn’t havemet before, and just hangingout with them.”
Terria Middlebrook, whoplays the role of Kelly, sharedthat he also “liked gettingtogether as a whole group.Sometimes, in school, peoplemake fun -- that Deaf andhearing are different. Here,we worked together andlearned that we’re all humanbeings.” Terria continues tosay that his hearing abilityhas no affect on his dreams.“There are famous deaf ac-tors, and they are an inspira-tion to anybody.”
As ASL Director, NicoleZapko developed thechildren’s ability to communi-cate through sign language,which was essential in break-ing down the barriers be-
tween the two groups. Shesays that now the actors are“like a family.” Such unity,though, came only throughthe result of Zapko’s and ateam of others’ careful guid-ance, and everybody’s dedi-cated practice and enthusi-asm, because the circum-stances of the play intro-duced many challenges. InThe Finger Dance, every lineis interpreted: if a Deaf actorhas a line, a hearing actor willtranslate the line for thehearing audience; if a hearingactor has a line, a Deaf actorwill translate the line for theDeaf audience. So, everyactor faced the challenge oflearning their own lines, learn-ing other people lines, learn-ing a completely foreign lan-guage, learning how to givevisual meaning to sign lan-guage, learning where to beon the stage when acting andwhere to be on the stagewhen interpreting, and some-how changing from kid clothesinto black interpreting shirtsand back again while nevergoing offstage. All of this injust one month!
And, in just one month, thesechildren did more than findlanguage bridges, build friend-ships, and combine their
efforts to focus on a sincere,energetic, and thoughtful play.As director and writer FlintKeller said, they learned that“They share certain experi-ences regardless of the factthat they speak differentlanguages. It goes beyondjust being able to say ‘Hi.How was your day at school?’It goes to the level of ‘Youlive a life that has elementsthat are just like my life.’ Thecultural barriers between mu-tual experiences is small.They are all teenage kids…nomatter what roots they have.”
Hearing-impaired customersmay reach the theatre for moreinformation about The FingerDance by calling the Minne-sota Relay Service at 1-800-627-3529. Group rates areavailable for groups of twentyor more.
SteppingStone Theatre forYouth Development is dedi-cated to developing thewhole child by using educa-tional theatre programs andfull staged productions tobuild self-esteem, confidence,and a sense of communitywhile celebrating diversityin a supportive, noncompeti-tive environment.
*Selected performances are eligible for Reduced Admission Prices through Access to Theatre. For moreinfo contact VSA arts of Minnesota, [email protected], 612/332-3888 or statewide 800/801-3883 (voice/TTY).
MARCH 9 - 25a visual symphony of music, rhythm, dance and poetry.
EVERY PERFORMANCE IN ASL AND ENGLISH
By Mark Jensen & Flint KellerMusic by Gary Rue
Featuring an ASL poem by Cara A. BarnettDirected by Flint Keller and Nicole Zapko
Shelby was an excellent pianist before an injury destroyed her hearing.
Now she lives in a world without music, made even more difficult by the
silent prejudice that separates the Deaf and Hearing communities in
her school. When a music contest is announced, Shelby is inspired to
create a new form of expression which ultimately unites the two cul-
tures through the exploration of rhythm and movement.
March 10, 2001 8
Directory of Organizations forPersons with Disabilities
AA Chance to Grow, Bob DeBour, 612-521-2266AccessAbility, Inc., 612-331-5958Access to Employment, Lori Sterner, 612-870-0578V/TTYAccessible Space, Inc., Stephen Vanderschaaf, 651-645-7271Achilles Track Club-Uptown, Kay Christianson, 612-822-7872ACT-UP MN, Robert Halfhill, 612-870-8026Adult Basic Education/Special Needs, Betty Sims, 651-290-4729Advocating Change Together, Kathy Sanders, 651-641-0297Alliance for Mentally Ill - Wash. Co., Bob Rafferty, 651-439-3800Alliance for Mentally Ill of MN, 651-645-2948ALS Assoc. (Lou Gehrig's Disease), 612-672-0484Altern. for People with Autism, Inc, John Makepeace, 763-560-5330Alzheimer’s Association, John Kemp, 952-830-0512Am. Behcet's Disease Assoc., 1-800-723-4238American Cancer Soc.- MN Div., 612-952-2772, 1-800-227-2345Am. Cancer Soc. (Ramsey Co.), 651-644-1224Am. Council of Blind Services, James Olsen, 612-332-3242Amer. Diabetes Assoc., Lee Johnson, 612-593-5333Amer. Heart Assoc., Robin Durand, 952-835-3300American Lung Assoc., 651-227-8014Anoka Metro Reg. Treatment Ctr., Judith Krohn, 763-712-4000ARC - Anoka/Ramsey Counties, Marianne Reich, 763-783-4958ARC - Carver County, Susan Hines, 952-448-8829ARC - Hennepin County, Kim Keprios, 952-920-0855ARC - MN, Bob Brick, 651-523-0823, 1-800-582-5256ARC - St. Croix Valley, Dick Ulrich, 651-439-0721 (Ans. service)ARC - Suburban, Joan Fawcett, 952-890-3057ARRM, Bruce Nelson, 651-291-1086Arthritis Foundation, Deb Dressely, 651-644-4108Assoc. of Late-Deafened Adults, 1-800-627-3529
BBLIND, Inc., Joyce Scanlan, 612-872-0100Boy Scouting for People w/ Spec. Needs, 651-224-1891Brain Injury Assoc. of MN, Mike, 612-378-2742, 800-669-6442
CCamp for Child. & Teens w/ Epilepsy, Deborah McNally, 651-646-
8675, 1-800-779-0777Camp Winnebago, Katy Geely, 507- 724-2351Candle in the Window, Kathy Szinnyey, 1-502-895-0866Capable Partners, 612-542-8156Capella Management Group, Gerald Glomb, 651-641-0041Catholic Charities, Program for People with Disabilities, John
Schatzlein, 651-222-3001Center for Learning & Adaptive Student Serv. (CLASS), Sue Carlson,
612-330-1053, 612-330-1748Chemical Injury Resource Assn. 651-643-4220Children’s United Hospital, 651-220-8000Chronic Fatigue Syndrome Association of Minnesota, 612-285-9067Client Assist. Project (CAP) MN )Legal Aid), 612-332-1441Closing the Gap, MaryAnn Harty, 1-507-248-3294Communication Center for the Blind, Dave Andrews, 651-642-0513Community Bridge Consortium, Pat Svendsen, 651-748-7437V/TTYComprehensive Seizure Ctr, Neurology,Regions Hosp. 651-221-3700Courage Center, Linda Wolford, 763-520-0520 612-520-0245 TTYCystic Fibrosis Foundation, Nancy Viking, 651-631-3290
DDakota Co. Social Services, 612-891-7400Deaf Blind Services MN, Mary Hartnett, 612-871-4788 V/TTYDisability Institute, Wendy Brower, 612-935-9343Div. for Persons w/ Developmental Disabilities, 651-296-2160Down Syndrome Assn. Of MN, 651-603-0720Duluth Consumer & Family Regional Resource Center, 218-728-3531
EEast Suburban Resources, Sue Schmidt, 651-351-0190 or MRS 800-
627-3529ELCA Committee on Disabilities, Linda Larson, 612-788-8064Emotions Anonymous, 651-647-9712Epilepsy Found., 651-646-8675, 800-779-0777
FFraser Community Services, Diane Cross, 612-861-1688Functional Industries, Laurie Cameron, 612-682-4336
HHearing and Service Dogs of MN, Alan Peters, 612-729-5986 V, 612-
729-5914 TTYHearing Impaired Prog., Joyce Dougaard, 612-627-2623 V/TTYHelp Yourself, Sara Meyer, 651-646-3662Helping Paws Of Minnesota, 612-988-9359Hemophilia Foundation of MN, 612-323-7406Henn. Co. Lib. Homebound Serv., Becky Mobarry, 612-847-8854Henn. Co. Mental Health Ctr., Joel Pribnow, 612-348-4947Health Psychology Clinic, U of M, 612-624-9646Homeward Bound, Inc., 612-566-7860
OOmbudsman for Mental Health & Mental Retardation, 651-296-3848
PPACER Center, Inc., Pat Bill, 612-827-2966 V/TTYParent Support Network (EBD/ADD/ADHD/LD), 612-783-4949People, Inc. Epilepsy Services, Anne Barnwell, 612-338-9035The Phoenix Residence, Darlene M. Scott, 651-227-7655Pilot City Mental Health Center, Sy Gross, 612-348-4622POHI District Consultants-Mpls. Public Schools, Barb Reynolds or
Judy Azar - District Consultants, or Jim Thomas - Anwatin Coord.,612-668-2450
Reuben Lindh Learning Center, 612-721-5111Rise, Inc., 763-786-8334
SSelf Help for Hard of Hearing (SHHH), Leslie Cotter, 651-772-4931V/TTYSight & Hearing Association, 651-645-2546SILC-Statewide Independent Living Council, 651- 296-5085 V, 651-297-2705 TTYSister Kenny Institute, Bill Bauer, 612-863-4622Ski for Light, 612-827-3232SE MN Ctr for Independent Living (SEMCIL), 507-285-1815, 507-
285-0616 TTYSo. MN Independent Living Enterprises & Serv. (SMILES), Alan
Augustin, 507-345-7139So. Suburban Adaptive Rec., Jennifer Watson, 612-861-9360 V/TTYSpina Bifida Association of MN, Lisa Schaffee, 651-222-6395St. Paul Advis. Comm.for People w/Disabilities, Roger Schwagmeyer,
651-266-8891St. Paul Rehabilitation Ctr (See Lifetrack Resources)STAR Program-Governor’s Council on Technology, 651-296-2771,651-296-9478 TTY
TTraumatic Brain Injury-TBI Metro Services, 612-869-3995TSE, Inc., Phil Saari, 651-489-2595Twin Cities Autism Society, 651-647-1083
UUnited Blind of MN, Inc., 612-391-3699United Cerebral Palsy of MN, JoAnn Erbes, 651-646-7588, 1-800-
IIndependence Crossroads, Rob Olson, 612-854-8004Indian Family Service, Maggie Spears, 612-348-5788Institute on Community Integration,, Vicki Gaylord, 612-624-4512Interact Center for the Visual and Performing Arts, 612-339-5145 V,
612-339-6465 TTYInterstate Rehabilitation Center, Mary Augustine, 612-338-7108
KKaposia, Inc., Cindy Amadick, 651-224-6974
LLeague of Women Voters, 651-224-5445Learning Disabilities Program (Family Services of St. Paul), Lory
Perryman, 651-767-8321Learning Exchange, Lynn Dennis, 612-885-8531, TTY 612-885-8590Legal Advocacy for Persons with Dev. Disabilities, 612-332-1441Legal Aid Society of Minneapolis, Laurie Moser, 612-332-1441Leukemia Society of America, MN Chapter, 612-545-3309Lifetrack Resouces, 651-227-8471, TTY 651-227-8471Lifeworks Services, Susan Sczcukowski, 651-365-3732Lupus Foundation of America, MN Chapter, 612-375-1131Lyme Disease Network of Minnesota, Sherri, 612-441-2857Lyme Disease Coalition, Linn Olivier, 651-644-7239
MMELD (MN Early Learning Design), 612-332-7563 V/TTYMental Health Association, 612-331-6840, 1-800-862-1799; www.MentalHealthMN.orgMental Health Consumer/Survivor Network, 651-637-2800, 1-800-
383-2007; [email protected] Health Law Project, Pat Siebert, 612-332-1441Methodist Hosp. Ctr. for Senior Services, 612-993-5041Methodist Hosp. Stroke Supp. Grp., 612-993-6789Methodist Hosp. Parkinson Center, 612-993-5495Metro Ctr. for Independent Living, 651-646-8342 V, 651-603-2001
TTYMetro Mobility, 651-602-1111, 651-221-0014 TTYMetro North Adult Basic Education, 612-755-6626Metro Regional Service Ctr. for Deaf & Hard of Hearing People, Marie
Koehler, 651-297-1313 TTY, 651-297-1316 VMetro Work Center, Inc., 612-729-738Midway Training Services, Barbara Kale, 651-641-0709Midwest Special Services, Gene O’Neil, 651-778-1000Mpls. Advisory Commitee for People with Disabilities, Margot
Imdieke Cross 651-296-6785Mpls. Community and Technical College, Office for Students w/
Disabilities, Melissa Newman, 612-341-7000 V/TTYMpls Rehabilitation Center, Kim Fellen, 612-752-8102,MN AIDS Project, Lorraine Teel, 612-870-7773, 612-870-0700MN Assoc. for Child. Mental Health, 651-644-7333, 1-800-528-4511MN Assoc. of Deaf Citizens, Inc., Douglas Bahl, 612-757-5998 TTYMN Bio Brain Assoc., Theresa Carufel, 612-922-6916, www.mnbba.orgMN Children with Special Health Needs, 651-215-8956, 1-800-728-
5420 V/TTYMN Commission Serving Deaf & Hard of Hearing People, 651-297-
7305 TTYMN Comprehensive Health Assoc., Floyd Robertson, 612-881-6741MN Consortium for Citizens With Disabilities, Tom Brick, 651-296-
3478MN Dept. of Human Services, Traumatic Brain Injury Program,651-582-1938MN Depressive & Manic Depressive Assoc., 612-379-7933MN Developmental Achievement Center Assoc, 651-647-9200MN Disability Law Ctr., 612-332-1441MN Gov. Council On Dev. Disabilities, Katy Peterson, 651-296-4018
0675MN Relay Service, 1-800-627-3529MN State Council on Disability, 651-296-6785MN State Services for the Blind, 651-642-0500, 800-652-9000Muscular Dystrophy Assoc., Lisa Pachan, 612- 832-5517 (Mpls.
Until recently, many Minnesotans with speech difficultieswould never consider using a telephone without the
assistance of someone willing to make a call on their behalf.But thanks to a new custom calling service from the MinnesotaRelay Service called Speech-to-Speech (STS), most peoplewith speech difficulties, whether short or long-term, can nowplace and receive calls independently and at no charge.
STS is similar in concept and operation to the Minnesota RelayService, which facilitates phone calls between hearing peopleand people with hearing loss. Telecommunications Access forCommunications Impaired Persons (TACIP) program Admin-istrator Jim Alan said, “STS relay is simply a three-wayconference call between a person with speech difficulties, aspecially trained operator called a communication assistant(CA), and a third party. A communication assistant acts as aninterpreter by helping the third party understand the personwith speech difficulties. In addition to having high levels ofhearing accuracy, CAs must also have a great deal of patience,a positive attitude and some unique coaching skills.”
STS users are typically people with moderate to severe speechdifficulties resulting from cerebral palsy, multiple sclerosis,muscular dystrophy, Huntington’s chorea, amyotropic lateralsclerosis, head injury, other degenerative diseases, laryngec-tomies, or the effects of stroke. With help from a CA, STS userscan make any kind of call they wish, at any time, by using astandard or hands-free telephone.
Some STS users may benefit by using specialized telephoneequipment that is available at no charge to income-eligible
Minnesotans from TACIP’s Equipment Distribution Program(EDP). EDP distributes Speakeasy communication devices,voice-amplifying phones, TTYs, and a wide variety of othercustom communication devices. STS users with both speechand motor control difficulties may require hands-free speaker-phones and customized accessories such as sip/puff, jellybean, pillow, or voice-activated switches. People with mobilitydifficulties often make use of amplified cordless phones.
Following its September 1999 startup, an aggressive outreacheffort has made Minnesota’s call volume the fastest-growingand third-highest in the nation with up to 900 calls being placedper month. “Almost everyone I’ve worked with is very excitedabout Speech-to-Speech,” STS Outreach Coordinator SaraMeyer said. “First-time users may require some initial trainingwhich we can do at someone’s home or over the phone.”
“People tell me it’s about time we have a program like this. Withhelp from the communication assistants, those of us not accus-tomed to speech difficulties can now understand that theperson calling us simply has some difficulty speaking,” Meyersaid. Before STS, people with speech difficulties were afraidthat others would conclude by their speech patterns that theywere drunk, unintelligent, or both. Now everyday calls, eitherpersonal or business, can be made independently withoutwaiting for help from a personal care attendant, friend or familymember.”
The Department of Commerce estimates that there are thou-sands of people in Minnesota who will be able to use theservice. Minnesota is known across the nation for helping its
citizens prepare for living a complete and highly functioninglife no matter what physical differences they may have.Speech-to-Speech relay is simply one more tool to helpindividuals live a fuller, more independent and useful life.
If you have difficulty speaking and are ready to start makingcalls with help from a STS communication assistant, make sureyou have ready the area code and number you wish to call,then dial: 1-877-627-3848. When your call to STS is answered,tell the CA the number you wish to call. When the person youare calling answers, the CA will then revoice what you say.The CA will also revoice the conversation of the person youare talking to if they also have difficulty speaking.
Speech-to-Speech relay is made available through the TACIPprogram at the Minnesota Department of Commerce and isfunded by a portion of the $.12 per month TACIP surchargeon each telephone access line in the state. The only cost to thecaller is for toll calls billed through the caller’s long distancecompany.
For a free brochure or videotape explaining how to use STS,or to arrange a home visit or group presentation, contact theMinnesota Relay Service consumer relations office by calling:1-800-657-3775 voice/tty. STS presentations are available atno cost to interested groups and organizations.
included in the CongressionalFindings regarding the pas-sage of the ADA. The Courtsaid that even some 300 docu-mented incidents did not provewidespread discrimination.
The most disturbing part ofthis decision was a throw-awaysentence stating at least theopinion of the author of themajority opinion, JusticeRehnquist. Such statements aregenerally called “dicta.” Theydo not reflect on the main is-sues under consideration inthe case, but give some pre-view of what some Justices arethinking about a particular is-sue. In this case, JusticeRehnquist stated that asking astate employer to hire a dis-abled person instead of anequally qualified nondisabledperson, when it might cost moreto hire the disabled person andprovide reasonable accommo-dation, might be beyond whatcan be required of state em-ployers. The four Justices whodissented do not accept thatargument, and even some ofthe Justices who concurredwith the opinion declined toaccept that particular philoso-phy. But this is a signal that wewill face this issue in futurecases.
The Garrett decision dealt onlywith state employment becauseonly states have this immunityfrom suit provided to them bythe Eleventh Amendment ofthe United States Constitution.This holding does not endan-
ger the rights of persons withdisabilities who have employ-ment discrimination claimsagainst private employers, oremployees with claims againstcities and counties. This hold-ing also leaves individuals withdisabilities free to sue in statecourt under the MinnesotaHuman Rights Act and to filecharges with the MinnesotaDepartment of Human Rights.Individuals may also filecharges with EEOC for investi-gation. If probable cause isfound, individuals with dis-abilities, as stated above, willprobably only be able to re-cover injunctive relief or pro-spective relief. The Garrettdecision does not affect theability of persons with disabili-ties to sue cities and countieswho fail to provide access totheir services and programs,nor the ability to sue privatebusinesses which do not makethemselves accessible.
Future Decisions ByThe Supreme Court
This Supreme Court term, wewill get the results of at leastone other case which hasbeen argued before the Su-preme Court regarding thepublic accommodations pro-visions of the ADA. This isthe Casey Martin case, whichposes the issue, can theProfessional Golf Associa-tion deny Mr. Martin the useof a golf cart because it“alters” in some way, theplaying of the game of golf?We will hope that the answer
to that question is either aresounding no, or that atworst the decision is verynarrow in its interpretation ifthe answer is yes. It seemslikely that the Supreme Courtwill not totally dismantleprotection for persons withdisabilities regarding accessto services and programsconsidered public servicesunder the ADA, even whensuch services and programsare provided by states, al-though we will have to awaitthe Supreme Court’s furtherguidance on this matter.
In Minnesota we also arebound by the decisions of thefederal Eighth Circuit Court ofAppeals, which seem to indi-cate that states may generallybe immune from suit under theADA because of this Elev-enth Amendment immunity.This would mean that peoplewith disabilities may not suestates for lack of access topublic services and programs.The Supreme Court just lastmonth refused to review acase involving whether or notstates are immune from suitby individuals with disabili-ties seeking just such accessto services and programs.However, there will certainlybe cases in the future whichwill challenge the rights ofpersons with disabilities un-der the ADA.
What can state employeesgain by filing a complaintunder the state Human Rights
Act? The Minnesota HumanRights Act contains much ofthe same language as theADA. An additional advan-tage with state claims is that aplaintiff has a choice whetherto file with the Department ofHuman Rights or to godirectly to court and file aprivate lawsuit. Under theemployment provisions of theADA, a plaintiff must file withEEOC first and either wait fortheir decision or a letter fromEEOC dismissing the caseand giving permission to file aprivate lawsuit in FederalCourt. There are some differ-ences in damages which canbe awarded in state court. Themajor disadvantage of a stateclaim under the Human RightsAct is that plaintiffs do nothave access to a jury trial.In a few instances, the EEOChas found juries to be quitehelpful in awarding damageswhere employers either actedparticularly egregiously, orwhere reasonable accommo-dation was not consideredand could have easily beenprovided. Perhaps at somepoint we will need to try toamend the Minnesota HumanRights Act to incorporateother features of the ADA,particularly trial by jury.
ADA Retains Supportof Public
We must admit that this deci-sion, while it is no surprise, isa blow to the disability commu-nity. The decision limiting fed-eral authority is particularly
ironic in view of the SupremeCourt’s decision to interfere inthe voting procedures ofFlorida, reverse the state’sdecision, and in essence de-cide the presidential election.However, we must not losesight of the gains we have madein the past decade because ofthe passage of the ADA. Smallbusinesses and entertainmentfacilities are more likely to bephysically accessible to per-sons in wheelchairs than theywere in 1990. Employers havefound that hiring persons withdisabilities was not costly mostof the time even when accom-modations must be provided.People who are deaf are moreroutinely provided with inter-preter services when they tryto access services and pro-grams of states, counties andcities than they were ten yearsago. This decision teaches thelesson that we cannot let up onour efforts to educate the pub-lic and monitor cases and leg-islation to protect the rights wehave gained through the ADA.
We can be proud in Minnesotathat our own Attorney Gen-eral, Mike Hatch, led the way insubmitting an amicus brief tothe Supreme Court assertingthat states were not immunefrom suit under the ADA. Thir-teen other states signed on tohis brief. Hawaii led the packfor states supporting Ala-bama’s position, and onlyseven states signed that brief.Former President Bush andFormer Senator Bob Dole both
submitted briefs on behalf ofindividuals with disabilitiesretaining the protections setforth under the ADA, includ-ing the ability to sue states.Our current President, GeorgeW. Bush, recently held a pressconference in which he talkedabout the need to continue topush for access for individualswith disabilities. Therefore,despite this disappointing de-cision, we need to rememberthat we had lots of supportfrom the public to pass theADA, and we still retain thatsupport. Surely, that meansthat the progress we have madesince the passage of the ADAwill not be totally lost.
Kathleen R. Hagen is an attor-ney at Mid-Minnesota LegalAssistance in Minneapolis
[Editor’s note: As this editionof Access Press goes to theprinter, legislation has alreadybeen introduced in Californiawhereby that state would “con-sent to be sued in state orfederal court by any personseeking to enforce rights orobtain remedies afforded bythe following federal laws andtheir implementing regula-tions...” The listed laws in-clude the ADA, despite theclaim to states’ immunitygranted by the Supreme Courtin the Garrett decision. Otherstates are considering similarlegislation, and Access Presswill report news in this area asit becomes available.]
11March 10, 2001
Accountant
GENERALACCOUNTANT
Faegre & Benson LLP, Minne-sota’s second largest law firm,is seeking applicants for a Gen-eral Accountant. This personreports to an Accounting Man-ager and works with variousgeneral ledger accountingfunctions including: analysesof accounts; reviewing andmaintaining capitalized andleased fixed asset records; pre-paring ad hoc reports; com-pleting special accountingprojects and more. Candidatesshould have a 2-yr accountingdegree (4-yr accounting de-gree preferred); at least 1 yrgeneral ledger experience; ex-cellent communication andanalytical skills; strong spread-sheet experience; and ateam-oriented work style. Weoffer a competitive salary, out-standing benefits package, andexceptional opportunity forprofessional growth. For addi-tional information about ourlaw firm, visit our web site atwww.faegre.com. Please sendyour resume and salary his-tory to Human Resources:
Faegre & Benson LLP, Minne-sota’s second largest law firm,is seeking candidates for aHuman Resources Assistant.You would be responsible forproviding a wide variety ofservices and assistance to theHR Department and the Firm,primarily focused in the Ben-efits administration area, in-cluding: maintaining and pro-cessing employee records, filesand claims related to medical,dental, disability, life insurance,health and dependant care ex-pense accounts; retirementplans; answer routine ques-tions related to benefits; up-dating benefit information inHRIS system; and more.
The successful candidate willhave a minimum of 2 years ex-perience in Human Resources.A 4-year degree in Human Re-sources or a related area ispreferred. The position re-quires the following skills:strong written and verbal com-munication; a service-oriented,problem-solving work style;the ability to work success-fully in a fast-paced, profes-sional service environment;and experience with word pro-cessing, spread sheet and HRISdatabase applications. This isan excellent opportunity for acandidate dedicated to a ca-reer in Human Resources. Weoffer competitive wages andan excellent benefits package;including a discounted busprogram—Metropass. For ad-ditional career opportunitieswith Faegre & Benson, visitour web site at www.faegre.com. Please submit resume andsalary history to: Human Re-sources:
SRF Consulting Group, Inc.seeks a Transportation Engi-neer to prepare area transpor-tation plans, corridor studiesand traffic studies. Qualifica-tions include a BS in transpor-tation/civil engineering 4-10years experience in traffic andtransportation work includingaccident analysis, growth pro-jections, travel-time, data col-lection and systems planning.Knowledge in land use andtransportation issues desir-able. Must have strong ana-lytical and communicationskills and proficiency in spread-sheets and databases.
In addition to varied and excit-ing work in a positive atmo-sphere, SRF offers competi-tive salary and benefits, payfor all hours worked, 401 (k)/profit sharing, vacation andsick leave. Send your resumeto SRF Consulting Group, Inc.,One Carlson Pkwy. N., #150,Plymouth, MN 55447; fax to612-475-2429, or e-mail [email protected]; EOE.
Access To EmploymentEMPLOYMENT ADS ARE $14 A COL. INCH; MARCH 30 IS THE DEADLINE FOR THE APRIL 10 ISSUE.
Mail to: ACCESS PRESS 1821 University Ave. • #185N • St. Paul, MN 55104Fax 651-644-2136 • E-mail: [email protected]
CUSTOMER SERVICEASSISTANT
AGS is a publisher of educa-tional & assessment tests lo-cated in Circle Pines, just 20minutes north of downtownMpls/St. Paul. We’re lookingfor a Customer Service Assis-tant to share in out success.We are committed to provid-ing our customers with profes-sional, knowledgeable accur-ate, and timely service thatconsistently outpaces thestandard in the educationalpublishing industry. Our Cus-tomer Service Assistant per-forms a variety of clerical, tasksin support of our CustomerService Department.
· Salary; $9.00 to start, withregular increases based onperformance
This is an entry-level positionwith great opportunity for ad-vancement for an individualwith good verbal and writtencommunication skills
We are looking for candidateswith the fo lowing:
· Enthusiasm
· Strong interpersonal commu-nication skills and the abilityto relate to a wide spectrm ofpeople
· Detail-oriented
· Ability to interpret and fol-low verbal and written in-structions
· Proficiency with computersa plus
Send resume to AGS, JH, 4201Woodland Rd, Circle Pines,MN 55014, fax to 763-355-2078,or email to [email protected].
AGS is anequal opportunity employer.
Minnesota Department ofAgriculture LaboratoryServices Division
Work with a Food Safety Teamdoing MICROBIOLOGICALPATHOGEN ANALYSIS forthe Minnesota Department ofAgriculture in St. Paul, MN.Must have 21 quarter or 14semester college credits inMicrobiology and 4 years mi-crobiological laboratory expe-rience. For a job descriptionand application call 651. 296-2323. Fax resume, transcript,and completed application to651-297-7868. We are anEqual Opportunity Employer.
INTRANETANALYST
Faegre & Benson LLP, Minne-sota’s second largest law firm,has a new opening for anIntranet Analyst opening withour Library Services group.This fast-paced position willdevelop content and applica-tions for our Firm Intranet; iden-tify and evaluate work pro-cesses that could be improvedthrough the development ofweb-based applications; de-sign and develop resultingapplications, along with assistin training, maintain awarenessor emerging technologies, andperform a wide variety of otherduties.
Our ideal candidate will have abachelor’s degree, along withsignificant web developmentexperience and a thoroughunderstanding of the webauthoring process. In addition,you should have strong projectmanagement skills and excep-tional written and verbal skills.Prefer experience with corpo-rate or law firm intranets andexperience with Cold Fusion,Access, HTML, DHTML,Javascript, scripting lan-guages and database drivenapplications. We offer a pro-fessional work environment,competitive wages and excel-lent benefits. For additionalinformation about our lawfirm, visit our web site atwww.faegre.com. Please sendresume and salary history toHuman Resources:
Leonard, Street and Deinardseeks an associate for its Intel-lectual Property and Informa-tion Technology law practice.Applicants should have fouror more years of experience ininformation technology litiga-tion, strong academic creden-tials and a passion for technol-ogy law. Send resume toDianne Dimond, Leonard,Street and Deinard, 150 SouthFifth Street, Suite 2300, Min-neapolis, MN 55402.
www.leonard.com.Equal Opportunity Employer.
EXECUTIVE SECRETARYSouthern MN Regional LegalServices—AdministrativeUnit; WP; 70 wpm; friendlyand diverse working environ-ment. Salary DOE. Resumesto: Maria Luisa Giese;SMRLS; 46 E. 4th St., Ste.700; St. Paul, MN 55101.
EO/AAE
FULL-TIME COORDINATOR
The MN State Bar Assn, a non-profit professional assn, is looking for a person to work FTperforming database and office-related responsibilities. The primary responsibilities of theposition include working with staff to resolve exporting issues (ACCESS 97); training a team tounderstand membership database and exporting (ACCESS 97); maintaining a database; partici-pating on a team to identify software training issues; ordering office supplies; assisting the Dir.of Administration generally. The successful candidate should have at least 2 yrs of administra-tive exp; working knowledge of MS Word and Access 97; exp managing multiple priorities andmaintaining a database, have excellent customer service skills; and enjoy a fast-paced team-oriented setting. Send resume and salary requirements to:Dir. of Adm., 600 Nicollet Mall, Mall, #380, Minneapolis, MN 55402. EOE
Rochester Community andTechnical College (RCTC),Minnesota’s oldest commu-nity college, combines the bestin liberal arts, technical andlifelong learning offering 70technical and transfer pro-grams. RCTC is currentlyaccepting applications forthe following positions.DIRECTOR OF NURSINGProvide leadership and direc-tion to faculty and staff in theAssociate Degree, Practicaland Nursing Assistant Pro-grams.
INTERNATIONAL/SPECIAL NEEDS
ADVISORDevelop and administer com-prehensive program to ensurethe needs of International andSpecial Needs students are met.
FULL-TIME FACULTYPOSITIONS
English. (Two Permanent FTopenings). Teach all levels ofcollege English from develop-mental writing to honorscourses, including literaturecourses. (Two Temporary FTopenings). Teach college com-position and developmentalwriting.ESL. (Temporary FT). Teachall levels of ESL courses, in-cluding grammar, reading, lis-tening and speaking, and writ-ing skills.Health and/or Physical Edu-cation. (Permanent FT). Broadbackground in Health and/orPhysical Education to teach avariety of health and PEcourses.Nursing. (Two Temporary FTpositions). Teach medical-surgical nursing.Speech and/or Theatre. (Per-manent FT). Direct theatre pro-ductions and teach all levels ofspeech courses, including act-ing.Minimum Qualifications: Tra-ditional minimum qualificationis master’s degree in the as-signed field(s) or with 23 gradu-ate quarter/16 semester creditsin the assigned field(s) whichwould apply to the major.
APPLICATIONPROCEDURES
For additional information onqualifications and applicationprocedures, contact the RCTCHuman Resources Office.
Provide leadership for estab-lished Supplemental Instruc-tion program (60% time) andprovide career counseling(40% time). Master’s degree incounseling, student affairs orrelated field and two years ex-perience with academic sup-port programs required. Abil-ity to select, train, and super-vise undergraduate studentleaders required. Ability togather and statistically ana-lyze data for program evalua-tion are required. Must pos-sess skills to provide job searchassistance to college students.Ability to communicate withstudents, faculty, administra-tors, and employers is also re-quired. Position is regular12-month full-time appoint-ment. Applicants must includeletter of application, resume,three current letters of refer-ence, transcripts, and MSUMStandard Application Form(available on website: http://www.mnstate.edu/vanancy/or call 218.236-2227). Screen-ing begins April 2 continuinguntil position is filled. Applyto: Dr. Deborah Seaburg, Min-nesota State UniversityMoorhead, Box 417, Moor-head, MN 56563. Phone (218)236-2227.
AA/EOEE
SCIENCE EDITOR
TPT/Twin Cities Public Tele-vision seeks a science editorfor a new children’s scienceseries. This highly skilled andexperienced professional willoversee research activities andbe responsible for the scienceand pedagogical content of theseries. S/he will work with theseries producer to incorporatethe research content into thetelevision series. The success-ful candidate must be capableof working with a minimum ofsupervision, and of ensuringthat all programs conform toscience curriculum standardsand the guidelines dictated byinquiry-based learning theory.This is an exciting and reward-ing full-time position with ex-cellent benefits for an eagerindividual with a BA or equiva-lent and 4-6 years of experi-ence in science education. Sendcover letter, resume, and sal-ary expectations to: Box 383-1; TPT/Twin Cities PublicTelevision; 172 E. 4th St.; St.Paul, MN 55101. Interviewswill begin on Feb. 26 and willcontinue until the position hasbeen filled. EEO
March 10, 2001 12
------------------------------------- BASIC SPONSOR -------------------------------------Margaret Beier Patricia Guerrero Beth JensenDebra Johnson Ericka Johnson Rosanne KramniczSteven McKeever Kathleen M. Miller Cindy MooreJane & Albert Olson Carla Reichenberg Paul W. TaylorKelli N-E Wysocki
------------------------------------- FRIEND SPONSOR -------------------------------------Sue Abderholden Lynda Adams Mary AndresenDavid Baldwin Marisa Bennett Mike & Karen BjorganSusan Blaylock Maynard Bostrom Bob BrickWendy Brower Carlyn Bryngelson Susan BulgerDeah Cain Lynne Corneli Stephanie CunninghamMarty Cushing Justin & Yoshiko Dart Jolene DavisLeRoy deBoom Neil Doughty Craig DunnMel Duncan Lee Ann Erickson Robert J. GeldertCandace/David Gislason Tom Gode Rep. Kevin GoodnoNadine & Andy Groven John Hoffman Bradley J. HolmesEllen & Skip Houghton Judy Hunt Cindy & Gregory JohnsonDeb Johnson Ericka Johnson Linnea Johnson HoffBarb Kane Mary Kay Kennedy Diah KinionBeth Knutson-Kolodzne Eugene Kook Sherry LampmanSue Lasoff David Larson Linda LarsonDorothy McCoy Jim and Cindy Musselman William O’DowdMargery Pilhofer Dwight & Chris Porter Barbara ProehlVirginia Puzak Kelly Rathcke Kim RezekStuart Rosen Ginger Rudberg Patricia RydeenElizabeth Smith Adele Spavin Helen ThompsonGerry and Barb Tollakson Caryl Wattman Mary Frank-WawokiyawinTeri Welcher Curt Wiehle David WoodAccord Health Care Services All Temporaries, Inc Alliance for the Mentally Ill of MNArc of Anoka/Ramsey Cty Arc Suburban Arc MinnesotaBest Care Blue Sky Designs, Inc. Brain Injury Assn. of MNConsumer Council of The Alliance for the Mentally Ill Disabled DealerEast Suburban Resources Equity Services-St. Paul Franciscan Sisters of St. PaulForensic Alliance of Mentally Ill Fraser Community ServicesHome Health Care JQ-P, Inc. KaposiaMBW Company Metro Mobility Service Center Staff MN Bio Brain AssociationMN Developmental Achievement Center Assoc. (MnDACA) NAMINew Dimensions Northeast Contemporary Services Kelly RathckeResource RISE Inc. S.M.I.L.E.S.United Cerebral Palsy of MN
THE FRIENDS OF ACCESS PRESSSponsorship levels:Basic (low income) . $5.00 Friend .. .$25.00 & up Bronze .. $75.00 & up Silver .. .$150.00 & up Gold . .$350.00 & up Diamond ... $500.00 & up Benefactor .. $1,000.00 & up
The Friends of ACCESS PRESS are vital to the paper’s success. We need your continued support to keep publishing. Your gift entitles you to a one year complimentary subscription to ACCESSPRESS. ACCESS PRESS is a 501(c)(3) non-profit. Checks should be made out to ACCESS PRESS. Your contribution is tax deductible. Please mail your sponsorship to ACCESS PRESS,1821 University Avenue West, Suite 185N, St. Paul, MN 55104. Your help is crucial if ACCESS PRESS is to continue being the voice for people with disabilities! Thank you.
SPONSORS OF ACCESS PRESS:Thanks to the following sponsors for supporting ACCESS PRESS this year.
------------------------------------- BRONZE SPONSOR -------------------------------------Steve Alarik Anonymous Susan AsplundDavid Baldwin Kathleen Ball Jeff BangsbergJill Bedow Janet Berndt Bill BlomAnita Boucher Tom Brick Rick CardenasMichael and Janice Chevrett Margot Imdieke Cross Chris DuffRobert Gregory Luther Granquist Doris GrovenRoger A. Hoffman Dianna Krogstad Linda LattinLoRene Leikind Lolly Lijewski Christopher MeyerCliff Miller Bill Niederloh Michael OtubushinLouise Pattridge Catherine Reid & Liddy Rich Rick RyanJohn Smith Peter & Pamela Stanfiel Mary Jane SteinhagenEric & Carline Stevens J. Quinn Tierney Candace WarneJerrold Wood Joe & JoAnn ZwackDept. of Occupat’l Therapy-U of MDiv. MN Rehab. Assoc Job Placement & Dvlpmt FastServMinnesota Work Incentives ConnectionMerrick Companies Pat Siebert, MN Dis. Law Ctr.National Results Council New Ways
------------------------------------- SILVER SPONSOR -------------------------------------Scott Beers Robert E. Buuck Catherine EilersM. Therese Gockenbach Martha Hage Judy HaaversenDavid and Susan Houghton Lynn Noren Michael OtubushinDean Doering & Lisa Scribner Kevin Sullivan Arc Hennepin CountyHelp Yourself Job Placement and Development Division, MN Rehab AssnMental Health Consumer/Survivor Network Mpls. Advisory CommitteeSt. Paul Mayors Advisory Committee on People with Disabilities Twin City Transportation
Vinland Center
------------------------------------- GOLD SPONSOR -------------------------------------David M. Dreier Shirley Larson Ronna LinrothBridget & Diane Smith In Homes Personal Care
------------------------------------- IN HONOR -------------------------------------Anne Henry by Karen Adamson Cecelia Bilbrey-Baer by Patrick J. BilbreyJaehn Clare by Candice Warne Kyle by Joe & JoAnn Zwack
College of Saint Catherine’s Occupational Therapy Masters Program by Steven Anderson“The good work the paper does!” by Diane Sprague Work Incentive law by LeAnne & Larry Dahl
U of M Occupational Therapy Education Program by Erica Stern------------------------------------- IN MEMORY-------------------------------------
Troy Fahlenkamp and Valerie Birosh by David Dreier Mabel Heuer by Dawn Doering Miss Irene MacKaloney by Roger HoffmanBill & Renee Smith by Becky J. Bugbee-Tong Bill Smith by Joe & Peg Figliuzzi Uncle Bill & Aunt Renee Smith by Mary & Henry PattridgeBill & Renee Smith by Helen Thompson Bill Smith by Kathy & Paul West Linda Wolford in memory of Tony Lebahn
CLASSIFIEDS Reach 11,000 Active, Interested Readers withACCESS PRESS Classifieds. $8 up to 20 words,
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SERVICES WE OFFER:• Personal Care Attendants/Home Health Aides• On-Call Staff• Company Car For PCAs With... “Car Trouble”...
St. Louis ParkIn Home Personal Care
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FOR SALELike New 16” Quickie P-110 withcharger gel-cell batteries $1000.Pat (952) 934-6340, Eden Prairie.
Invacare Power Ranger Wheel-chair. Like new—best offer over$500. (763) 529-8678.
Home with Elevator, Com-pletely Handicap Accessible.Built in 1992 with 4 BR’s, 3 baths,elevator to all 3 levels, walk outbasement to private backyard lo-cated on a quiet, wooded cul-de-sac in Lino Lakes bordering WhiteBear Lake. Close to freeway ac-cess. $246,000. Mike Burth(612)812-0965 or www.mikeburth.com. Real Estate Masters.
Scooters For Sale. Red Rascal 3-Wheel, 3 years old, like new. Rid-den only 15-20 hrs, only indoors.$1,500.00 or best offer. Call (952)882-0406.
1996 Chevy Van, Hi-Top, TiaraConversion, Power doors, seats,windows, Crow River lift, swivelpassenger seat, A/C, TV, VCR,AM/FM, TAPE/CD, 30,000M,Mint condition, $17,000. C.Foss,429-5124.
Must Sell: Invacare Ranger IIpowerchair. New, still warranted,never used. Cost $10, 484.20. Willsacrifice for $5-6,000.00 firm.Contact Ken or make sure to leavemessage! (952) 898-3587,Burnsville.
1988 Ford Econoline Conver-sion van, automatic. Has powerlift for wheelchiar, sent convertsto bed. Runs good. 125,500 miles.$2,500. (651) 257-9583
MISCELLANEOUSJan Snook’s, Helpful HintsComputer Guidebook is simpleand understandable. Hard coveredbook covers Word, Excel, and tipsfor the Internet. [email protected] (612) 378-2610 $19.00 Ship-ping. Also, other computer workrequests performed. Free esti-mates.
“Words of Love” is a CD bySnoopi Botten, a musician withcerebral palsy who writes andperforms inspirational songs us-ing a synthetic speech system. Toorder, call (612) 872-7233 or visitSnoopi’s website at http://hometown.aol.com/dectalk/myhomepage/index.html.
Omni Frame, Inc., custom pic-ture framing. Make your picturesstand out with quality mats andframes. Randall J. Almquist (612)788-4330.
Oron Griffitt Carpentry: Decks,Remodeling, Home Repair, Base-ment Finishing. Additions, Ramps,and Accessibility. Free Estimates.Call Rob (612) 636-2846.
Super low cost, attractive webpage designed and published foryou. Send a self-addressed stamp-ed envelope and $5 to 227 OakGrove St. 207, Mpls, MN 55403.
Volunteers wanted. People whohave received occupationaltherapy services and are willing todescribe their experiences to helpa student with his thesis project.A one-page survey will be mailedto you, with a SASE for return. Ifyou are interested in contributingto this research study, please callSteve Anderson at (952) 593-0381.
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For Reliable, dependable andpunctual nurses, TMA, CNA/PCA, call Charleston & Charlmarsat Workers Availability HomeHealth Care at (651) 291-8754
FOR RENTSeward Square Apartments: Weare currently accepting applica-tions for our waiting list at SewardSquare Apartments in Minneapo-
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Lewis Park Apartments: Barrierfree housing with wheelchair userin mind. Section 8 subsidized. One-and two bedroom units. For moreinformation on availability call
ACCESS PRESS, 1821 University Ave W, #185N, St. Paul, MN 55104; (651) 644-2133
(651) 488-9923. St. Paul, MNEqual Opportunity Housing.
Holmes-Greenway HousingOne and two bedroom apartmentsdesigned for physically handi-capped persons. Convenient SEMinneapolis location. Call (612)378-0331 for availability infor-mation. Equal Opportunity Hous-ing.
