[acbny-l] Fw: [DNNYC] Fwd: Dean Announces Disability Agenda and Receives Weicker Endorsement.
- From: "Mike Godino" <mikeg125@xxxxxxxxxxxxxxxx>
- To: <acb-l@xxxxxxx>, "ACBNY" <acbny-l@xxxxxxxxxxxxx>
- Date: Mon, 28 Jul 2003 21:51:43 -0400
In a message dated 7/25/2003 5:33:18 PM Eastern Standard Time,
UnknownSender@UnknownDomain writes:
Subj: Dean Announces Disability Agenda and Receives Weicker Endorsement.
Date: 7/25/2003 5:33:18 PM Eastern Standard Time
From: UnknownSender@UnknownDomain
To: justice@xxxxxxxxxx
Sent from the Internet
Dean Announces Disability Agenda and Receives Weicker Endorsement.
CHARITON, IA--A day after Governor Dean was endorsed by Lowell Weicker, the
original co-sponsor of the Americans with Disabilities Act (ADA), during an
event in Iowa City, Dean marked tomorrow's anniversary of the ADA's enactment
by announcing his disability rights platform:
"This Saturday, July 26, we celebrate the 13th anniversary of the enactment
of the Americans with Disabilities Act of 1990. The ADA is one of the most
important civil rights laws ever passed by Congress. By requiring public
buildings to be accessible and by outlawing discrimination on the basis of
disability in employment and public accommodations, the ADA
has provided new opportunities for more than 54 million people living with
disabilities.
"Above all, the ADA has changed attitudes. It has led to new respect and
dignity for individuals with disabilities. It has empowered citizens to
confront discrimination and recognize their civil right to be treated fairly.
This law holds out the promise that individuals with disabilities will be
welcomed as full members of the American community.
"The best way to mark the anniversary of the passage of the ADA is to build
upon its success by expanding the horizons of Americans with disabilities.
"First of all, we need to restore the full promise of the ADA itself. Right
wing judges, led by Chief Justice Rehnquist and Justices Scalia and Thomas,
have narrowed the scope of the ADA. They have severely limited the employment
protections in the Act, dismissing cases brought by qualified disabled
people, and interpreting the Constitution to shield state
governments from lawsuits seeking to enforce rights under the ADA. President
Bush has nominated judges like Jeffrey Sutton and William Pryor whose advocacy
has undermined the ADA and other civil rights laws.
"If I am elected President, I will appoint judges who
understand that civil rights laws must be interpreted broadly, and who do not
erect imaginary constitutional barriers to the enforcement of civil rights.
Congress may also need to amend the ADA to overcome adverse court decisions.
"Looking beyond the ADA, there is much more that can be done to enhance the
status of Americans with disabilities. As President I would pursue a bold and
aggressive disability agenda, including the following:
Fully fund the Individuals with Disabilities Education Act
(IDEA). When IDEA was enacted, Congress promised to pay 40 percent of the
average per-pupil expenditure educating children with disabilities. Federal
funding has never come close to meeting that promise; in FY 2002, federal funds
constituted 18 percent of this cost. This has been a burden on local ratepayers
and has led to diminished services many note takers, interpreters and other
individuals hired to assist persons with disabilities in the classroom have
been terminated. The federal government should fully fund its promised share of
IDEA.
Enact the Medicaid Community Attendant Services and Supports Act (MiCASSA).
MiCASSA would provide a new Medicaid benefit allowing individuals eligible for
nursing home care access to community-based attendant services instead. As I
testified before the Senate Special Committee on Aging in July, 2001,
"If a long-term care system were being designed from scratch today, I do not
think we would conceive of building a system in which a bias is shown for
institutional care, rather than for services designed to keep people
independent in their homes or the community." Home health aides allow people to
live more independently and relieve pressure on the family of individuals
with disabilities.
Enact the Family Opportunity Act. This proposal would expand Medicaid
coverage to children with severe disabilities living in middle income families.
Currently, such families face an untenable dilemma: stay impoverished, place
their child in an out-of-home placement, or relinquish custody to secure needed
health care services. My health care plan would expand
insurance coverage for children up to 300% of poverty and this Act would
address the remaining need.
Provide technical support as states implement "Olmstead" plans to provide
viable, sustainable options for community-based living. In the 1999 case L.C.
vs. Olmstead, the Supreme Court nterpreted the ADA to require that individuals
with disabilities be offered state services in the most integrated
community-based setting appropriate to their needs. States are now modifying
programs and activities to comply with Olmstead.
The federal government must assist states make this transition by providing
technical assistance and funding innovative models for full integration.
Ensure adequate resources for civil rights enforcement. The EEOC and the
civil rights offices in the Departments of Justice, Education and HHS need the
tools to vigorously enforce laws that integrate people with disabilities into
society. Funding is also crucial for the recently enacted Help America Vote Act
that improves access to the ballot for Americans with disabilities.
Require every federal agency to demonstrate full compliance with laws
protecting the rights of individuals with disabilities. The federal government
should be a model of civil rights compliance; each federal agency should
demonstrate on an ongoing basis that it respects the rights of people with
disabilities. For example, agencies should ensure that newly purchased
electronic equipment is compatible with existing assistive technologies such as
screen-reading software and Braille display units.
Appoint a "Special Assistant to the President for Disability Policy." This
staff member would be responsible for implementing my disability agenda and
ensuring agency compliance with existing laws.
Include people with disabilities in a wide spectrum of
executive appointments. Individuals with disabilities provide valuable
perspective on federal policy and contribute immeasurably to the fabric of our
nation.
Hold a White House Conference on People with Disabilities. This conference
would develop a long-term agenda to modernize federal programs serving
individuals with disabilities so that they achieve full participation,
independent living, economic self sufficiency and equality of opportunity.
"My campaign is about restoring community. For too long, individuals with
disabilities have been on the outskirts of their communities, unable to fully
participate in civic life. Thirteen years ago, Congress enacted the ADA to
bring Americans with disabilities into the mainstream. As President, I will
work to strengthen the ADA, add new protections, and ensure that disability is
no barrier at all to full participation in the American community."
Further materials concerning Governor Dean's disability policy are available
on his campaign website, www.deanforamerica.com.
Also, if you are interested in being kept up-to-date regarding Governor
Dean's disability policies, please sign up to receive further updates at
www.deanforamerica.com/ada.
--
Fred Fay
Guest Justice-For-All Moderator
jfa@xxxxxxxxxx
JUSTICE FOR ALL -- A Free Service of the
American Association of People with Disabilities
http://www.aapd-dc.org http://www.jfanow.org
There's strength in numbers! Be a part of a national
coalition of people with disabilities and join AAPD today.
http://www.aapd-dc.org
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