Welcome to
Independent Living, Inc.
Promoting Choice, Self-determination and Total Participation
Serving the Mid-Hudson Region Since 1987
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Welcome to Independent Living, Inc. Promoting Choice, Self-determination and Total Participation Serving the Mid-Hudson Region Since 1987
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| For Immediate Release (PRESS RELEASE AND LETTERS TO THE EDITOR)
Title III of the Americans with Disabilities Act becomes New York State Law Imagine these scenarios: A local hospital does not provide a qualified sign language interpreter for a deaf parent when her child is hospitalized for an emergency. A local department store places items on racks in aisles too narrow for a wheelchair user to get to. A local restaurant has no accessible entrance. A movie theatre entrance is accessible, but the bathrooms are not. What protections do members of the public have? The Americans with Disabilities Act (ADA) is a federal law that was passed in 1990 and one of the primary areas of the ADA is referred to as Title III, which prohibits discrimination on the basis of disability including the inaccessibility of public places. Public places are private businesses in New York that offer their services to the general public and under the ADA they are required to be fully accessible. However, because this is federal law, New York State does not have to recognize or enforce this legislation. The disability community realized that we needed a state version of Title III in order to gain local enforcement of this public accommodations law. After two short years of aggressive advocacy by disability rights activists and concerned citizens, on August 1, 2007 Governor Spitzer signed into law “An act to amend the executive law, in relation to protections against discrimination on the basis of disability in the area of public accommodations”. As of January 1, 2008, private businesses that offer services to the public will now have to remove barriers of inaccessibility to their facilities, programs and services, and take action to assure that people with disabilities have an equal opportunity to participate in certain programs, services and activities. Specifically, this law adds three new paragraphs (c), (d), and (e) to subdivision 2 of section 296 of the Executive law. Paragraph (c) adds to the definition of "discriminatory practices" to include refusal to make reasonable modifications to policies, practices or procedures, refusal to take steps that would ensure that an individual with a disability is not excluded or denied services due to the lack of auxiliary aids and services and refusal to remove architectural and communication barriers that are structural in nature. Paragraph (d) adds that changes must be “readily achievable” in costs and resources, “auxiliary aids and services” includes qualified interpreters and qualified readers, and “undue burden” means “significant difficulty” to comply. Paragraph (e) exempts air carriers. The new law will also allow persons with disabilities the ability to file certain complaints related to discriminatory practices through the State Division of Human Rights rather than pursuing costly litigation in court. Individuals can bring their complaints at one of the numerous DHR centers around the State. If the Division finds probable cause of a violation, a lawyer will present the complainant’s case. In addition, the Division itself can bring affirmative investigations and initiate complaints Susan Stockburger, Systems Advocate
Independent Living, Inc.
Women’s Bar Association of Orange & Sullivan Counties
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ INDEPENDENT LIVING, INC. AWARDED GRANT FOR WORK INCENTIVES PLANNING AND ASSISTANCE (WIPA) FOR THE EMPLOYMENT OF PERSONS WITH DISABILITIES Newburgh, NY, Independent Living, Inc. (ILI) is pleased to announced it has been awarded a grant from the Social Security Administration in the amount of $146,000 to establish a regional Hudson Valley Work Incentives Planning and Assistance project (WIPA). Celebrating its 20th year of operation, ILI is a consumer controlled, non-profit disability advocacy organization that responds to the needs of all persons with disabilities and takes action to eliminate systemic barriers. The grant, which will cover Albany, Columbia, Dutchess, Greene, Orange, Putnam, Rockland, Ulster and Westchester counties and will be served additionally through two satellite ILI centers, addresses two specific goals. First, it will provide the Social Security Disability Insurance (SSDI) beneficiaries and Supplemental Security Income (SSI) recipients with accurate information and planning assistance regarding Social Security work incentives and similar federal and state programs. Further, it will actively support those beneficiaries who are capable of employment in making use of proven strategies that are likely to result in successful employment outcomes. “I was pleased to receive a personal phone call from Senator Chuck Schumer’s aide, Mike Morey, to inform and congratulate us on the award,” says Douglas Hovey, Executive Director for Independent Living, Inc. “Work is such a vital part of our lives and it gives great meaning to who we are as individuals.” Independent Living, Inc. believes that all capable persons with disabilities should engage in meaningful work and contribute to the local, state and national economies. “Our goal is to motivate and encourage people to go to work through education and counseling and helping them to connect with available resources. This grant will go a long way to enabling us to do that,” Hovey concludes. For more information about Independent Living, Inc. and its programs, visit the website at www.myindependentliving.org or call the center at (845) 565-1162. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
“BE PARKING CONSIDERATE” CAMPAIGN LAUNCHES IN TIME FOR BUSY HOLIDAY SHOPPING SEASON
(Left Picture) County Executive Eddie Diana, Doug Hovey, Executive Director (ILI), Senator Bill Larkin (Right Picture) Senator Larkin, IL Board President Kara Dorsey, Michael P. Dunn, Associate Director of Program Operations (ILI) and County Executive Eddie Diana Program Designed to Enforce Reserved Parking Laws in Orange County Newburgh, NY, October 26, 2006 – Drivers who illegally park in reserved parking spaces in shopping malls, supermarkets or elsewhere around Orange County have been put on notice, as the county launches a “Be Parking Considerate” public awareness campaign this holiday season to re-invigorate enforcement of reserved parking laws. County Executive Edward Diana and Senator William Larkin are announcing the new campaign today at a press conference at Independent Living in the City of Newburgh that will also be attended by city officials and representatives of the disability community. According to Independent Living, Inc., the consumer-controlled non-profit disability advocacy organization appointed to spearhead the informational program, “Be Parking Considerate” is aimed at educating individuals, businesses and municipalities about reserved parking and the importance of being in full compliance with the law. “It’s not just a matter of paying attention to the reserved parking laws sometimes or when it’s convenient, it’s a matter of doing what’s right and recognizing just how much unobstructed reserved parking access means for persons with disabilities, at the holidays and year round,” says Doug Hovey, Executive Director of Independent Living, Inc. Vehicles are illegally parked if they are in a space reserved for people with disabilities, across a ramp intended for individuals who use mobility aids, or are in the access aisle adjacent to a reserved parking space. Access aisles are the eight-foot zones of striped pavement designed to accommodate ramps and lifts. When delivery trucks, snow piles, grocery carts or vehicles without permits block these spaces, wheelchair users have no way to enter or exit their vehicles. Those who park illegally in these reserved spaces are subject to a minimum fine of $50 - $75 plus a $30 surcharge for a first offense. County Executive Edward Diana describes this campaign as a means of urging stronger enforcement of reserved parking laws. “The job of protecting the rights of individuals requiring special parking accommodations rests not only with law enforcement officials, but also with each individual business owner and private citizen. We hope that everyone will get behind this campaign so that access to public areas is available to everyone.” That sentiment is echoed by Senator Bill Larkin, a long time and vigorous supporter of issues relating to people with disabilities. “Many people who park in these reserved spaces aren’t thinking. For them, it is a matter of convenience for a quick run into a store, or for delivery trucks, it’s a matter of a quicker pick-up or drop-off. It’s important that people think before they park and consider those for whom these spaces are reserved and who require their use.” Throughout the month of December, Independent Living staff will be making presentations to local groups and enlisting volunteers to distribute flyers and issue “warnings” to parking violators. For more information about the “Be Parking Considerate” campaign, contact Michael Dunn (Associate Director, Program Operations) at (845) 565-1162 ext. 223. # # #
(From Left to Right) Kara Dorsey, IL Board President, Eddie Diana, Doug Hovey, Sen. Larkin, Donna Ponessa (Manager of Student and Family Services-ILI)
10/26/06 Channel 6 -Time Warner News Report ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ N E W S R E L E A S E - 3/20/06 Contact: Michael Dunn, Associate Director, Program Operations (845-565-1162, Extension 223)
New York State Board of Elections Again “Fails” in attempt to Implement HAVA and Accessible Voting Machines On Tuesday March 14th in Albany Federal District Court the United States Department of Justice (DOJ) challenged New York State to develop a concrete plan for the implementation of the Help America Vote Act (HAVA). The suit comes after warnings to New York State since January, 2006 that it was out of compliance with HAVA and “behind every other state” in modernizing its voting equipment. With no response from New York, and no forthcoming implementation plan, DOJ filed their lawsuit on Wednesday March 1st, 2006. The motion filed by DOJ compelled New York to appear in Federal Court on Tuesday, March 14, 2006 before Judge Gary Sharpe. Disability advocates were in the courtroom to hear the State’s response. “New Yorker’s with disabilities are rightfully demanding full access to voting machines, the ballot, and polling places,” insists Doug Hovey, Executive Director of the Newburgh-based disability advocacy organization Independent Living, Inc. “HAVA was passed in 2003 to ensure that people with disabilities could exercise their fundamental right to vote ‘privately and independently.’ The federal government could not be clearer in its intent, yet state officials continue to ignore their legal obligations. This action is significant because the DOJ is using its enforcement powers to compel New York to move on the issue – something no public interest group, lobbyist, advocate, private attorney, election commissioner, politician, or journalist could do. Clearly, progress is not possible unless and until the ‘attitudinal barrier’ that has stalled action by the NY State Board of Elections has been eliminated.” According to the US Newswire: This suit is the culmination of an extensive effort by the Civil Rights Division to ensure timely and full implementation of HAVA. New York State received approximately $221 million to aid in the implementation of HAVA requirements. This included more than $49 million specifically designated to assist the state in replacing its lever voting machines. In accordance with HAVA legislation, New York now stands to lose this funding if it fails to replace these machines by the September 2006 primary election. Moreover, New York was also awarded more than $1.3 million in HAVA Title II funds, which as yet have not been accounted for. Civil rights legislation for people with disabilities has a history that extends over 35 year, during which time the federal government has appropriated money, institutions have been downsized, persons with disabilities have gained their own voice and long-standing barriers have begun to crumble. And yet, there are still significant numbers of New Yorkers, including many in Orange County who are unable to freely exercise their constitutional right to participate the electoral process. The money is available as is the technical expertise being offered by the disability community. And now it is time for New York State to obey the law. The next scheduled court hearing is on March 30, 2006. For additional information, please contact Michael P. Dunn, Associate Director, Program Operations, Independent Living, Inc. 845-565-1162 Ext 223; or MDunn@myindependentliving.org.
Letters to the editor for January 28, 2006 Help disabled vote All citizens, including those with disabilities, equally share the right and responsibility to participate in free elections. Voting is the action that sets the course of our democracy. The extent to which all members of our community are given the opportunity to vote is a measure of the extent to which our democratic process is a truly representative one. To that end, Independent Living Inc. has continued in its efforts to improve access to polls and voting machines so that all persons, including those with disabilities that wish to vote, can do so without barriers or unnecessary encumbrances. The Help America Vote Act was passed with the same intention. Sadly, our home state, New York, has been the last in the nation to comply and is now being targeted for legal action by the Department of Justice. What are we waiting for? Why must New Yorkers with disabilities be forced to face yet another round of elections in which many may be unable to participate? Clearly, it isn't voter apathy that keeps these citizens away from the polls, but rather a lack of definitive action on the part of those who have been empowered to protect their rights. Michael P. Dunn Newburgh
MID-HUDSON NEWS.com 3/19/06 Accessible elections Independent Living, Inc supports the New York Association on Independent Living and the New York State Independent Living Council and their belief that either voting system currently being proposed to the NY State Board of Elections by the Department of Justice does not meet the accessibility needs of voters with disabilities and should not be part of any agreement between New York State and the Department. We’re aware of New York's shortcomings regarding accessible voting systems, we hope that this DOJ lawsuit will finally help to resolve the long time goals of achieving accessible elections in this State. However, there has been recent movement toward putting in place an interim system to provide accessibility for the 2006 elections. Neither of the two systems being proposed, ballot markers for people with disabilities to be used with optical scanning machines, and a "vote by phone" system, meets the Federal Election Commission's Voting System Standards or the Election Assistance Commission's Voluntary Voting System Guidelines. We support NYAIL’s recommendation that full implementation of HAVA be postponed for one year to ensure fully accessible elections. We agree that implementation of these two systems being considered would be disastrous for voters with disabilities. We must ensure that the electoral process is fully inclusive and not squander it by making the situation in New York that currently exists even worse by setting a precedent of imposing inaccessible voting systems, even temporarily, on the voters of New York State.
Michael P. Dunn
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