FRONT COVER DISABILITY RIGHTS ADVOCATES ANNUAL REPORT 2006-2007 DEFENDING THE CIVIL RIGHTS OF PEOPLE WITH DISABILITIES CONTENTS page 2 Letter from the Executive Director page 3 Bridging the Digital Divide page 3 Lifeline Services for all People with disabilities page 4 Accommodations and Access page 5 Landmark case against UPS for Deaf and Hearing-Impaired workers page 6 Airport Access for Deaf and Hearing-Impaired travelers page 6 Access and inclusion in Parks and Sports page 8 Accessible Housing on Army Bases page 8 California Youth Authority page 9 Health Access Project page 9 International Corner page 10 ADA Eagle and Turkey Awards page 12 Publications page 2 Letter from the Executive Director These are challenging times for the disability rights movement. The Americans with Disabilities Act (ADA) is now over 15 years old. In that time, great progress has been made in removing barriers to the full participation of people with disabilities in mainstream life. As you will see in this annual report, Disability Rights Advocates (DRA) has been and continues to be a leader in many of these advances. For example, DRA has led a revolutionary effort to expand access for people with disabilities to the nation’s health care system. We have also led the fight to ensure access to schools, public accommodations and services, employment, technology access, and many other key areas of life. Yet many barriers still remain. The unemployment rate for people with severe disabilities is still three times higher than that for non-disabled people. There remain physical and policy barriers in far too many public and private facilities and programs. Although technology holds the opportunity for enhancing opportunities for people with disabilities, a digital divide is leaving many of us behind. Moreover, prejudice against people with mental, learning and many other types of disabilities is still rampant. Although the ADA promised to be a broad mandate for the elimination of disabilities, this promise has been eroded through a series of Supreme Court decisions that have denied protections of the ADA to broad categories of Americans with physical and mental impairments. Other Supreme Court decisions have made it more difficult for the disabled to enforce their rights through procedural changes that make civil rights litigation an uphill battle. DRA calls for enactment of an ADA Restoration Act to re-establish the protections originally promised by this groundbreaking law. In the meantime, we remain committed to the struggle for the enforcement of full civil and human rights for people with disabilities in all areas of life. We remain optimistic that the principles of dignity, equality and opportunity can be realized for all people regardless of their ability or disability. We thank you for your support of DRA in this ongoing struggle. DRA could not exist without the many contributions and sacrifices of our staff, board of directors, and community supporters. Your donations of time, money and effort to this ongoing struggle are helping to transform the world for people with disabilities now and into the future. Sincerely, Laurence Paradis FRONT COVER: DRA has moved to Berkeley, California, the birthplace of the Disability Rights Movement. This new permanent home will help ensure that we are able to continue fighting for the civil rights of people with disabilities. PAGE 3 TECHNOLOGY Bridging the Digital Divide The internet is emerging as a fundamental part of American life. More and more, people rely on the Internet for access to information, education, employment, and commerce. This technology promises people with disabilities more opportunities for independence, economic self-sufficiency, and full participation in society. Yet for people with vision impairments, modern websites are frequently inaccessible due to lack of compliance with web access guidelines. Consequently, people who could most benefit from the expanding Internet are being left behind. Our latest class action lawsuit, National Federation of the Blind v. Target Corporation, was filed after negotiation attempts failed to convince Target, one of the country’s most profitable retailers, to make its website accessible to disabled people with screen reader technology. Target’s website—target.com— contains significant access barriers that prevent blind and low-vision customers from using the website to browse and purchase products online, as well as to find information about employment, investment, and a variety of other opportunities available to the sighted population. To be accessible, a website must include: (1) embedded code, called “alt text,” which provides written descriptions of visual information; (2) labeling for forms; and (3) features allowing website navigation by keyboard users. This landmark case seeks an injunction requiring Target to make the basic modifications needed so that blind people can fully participate in mainstream economic activities. TELECOMMUNICATIONS & UTILITIES Lifeline Services for All People with Disabilities Since the initiation of the Telecommunications and Public Utilities Project in 2004, DRA has taken a lead role in representing the needs of Californians with disabilities before the California Public Utilities Commission (PUC) regarding public services that are regulated by this major state agency. For instance, many people with severe disabilities rely on electricity and natural gas for life-supporting medical equipment and to maintain a consistent temperature in their homes. With the escalating costs of utilities, some people with disabilities have been left out in the cold, literally. DRA’s advocacy before the PUC has ensured that utilities conduct outreach to people with disabilities to make sure that they are aware of low income support programs, and that enrollment forms are available in accessible formats. We also work to ensure that disabled people with low incomes have access to vital programs such as Universal Lifeline Telephone Service. Our advocacy led the PUC to allow people who receive certain public benefits to self-certify eligibility and ensure that enrollment materials are available in alternative formats. In addition, DRA participated in a PUC proceeding that developed a Broadband Report, thus ensuring that the report appropriately addressed the needs of the disability community. This report has already been used as the basis for policy decisions affecting the daily lives of Californians with disabilities. DRA has also represented people with disabilities in PG&E rate-setting proceedings in order to address concerns throughout the state about sidewalk barriers created by PG&E and other regulated utilities. DRA is negotiating with PG&E to make this public utility meet its obligations to keep sidewalks accessible, and to ensure that payment centers (where many disabled customers pay their bills in person) are also fully accessible. Our ongoing presence before the PUC has sparked a new dialogue within the public utilities arena about the needs of people with disabilities. PAGE 4 EDUCATION Accommodation and Access No student should be denied full participation in education or extracurricular programs because of his or her disability. Yet the presence of architectural barriers, the refusal to provide accommodations on tests, and other discriminatory policies continue to impede access at all levels of education. Our cases challenge these long-standing forms of discrimination and have helped to assure that this fundamental civil right remains accessible to all. CLASS ACTION SUIT SEEKS ACCOMMODATIONS IN HIGH-STAKES TESTING In today’s society, “high-stakes” standardized tests and state licensing exams present significant barriers to people with disabilities who are entitled, yet repeatedly denied, accommodations on these exams. DRA is the nation’s leading advocate fighting to ensure the rights of people with disabilities on these exams. In one of our current cases, for example, Turner v. Association of American Medical Colleges, DRA is advocating for the right to accommodations for students with learning disabilities on the MCAT exam. The court has certified this case as a class action suit and ruled that California law, which provides broader protection, applies. We recently completed a week-long trial and expect a decision later this year. CALIFORNIA HIGH SCHOOL EXIT EXAM At the beginning of this year, almost 25,000 disabled high school students in the class of 2006 had not passed the California High School Exit Exam (CAHSEE) and were at risk of being denied their diplomas despite meeting all other graduation requirements. Not only would denying thousands of disabled students their diplomas have had a devastating impact on their future, but the Exit Exam has not been proven a valid measure of academic achievement. Moreover, the state’s own consultant found that students with disabilities have not been given a fair chance to learn the material covered in this test. We are challenging the CAHSEE as an invalid and discriminatory exam as applied to students with disabilities in California who must pass the exam to receive a high school diploma. Not only did DRA file a motion for preliminary injunction to prevent the state from denying these students their diplomas, but our settlement efforts led to a legislative solution that prevented academic catastrophe, allowing disabled students in the class of 2006 to graduate if they met all other graduation requirements. The battle for future graduating classes continues. ACCESS BARRIERS REMOVED ON UC BERKELEY CAMPUS For college students with disabilities, the stresses of academic life greatly increase when their university campuses fail to meet basic access obligations. As a result of a class action suit filed by DRA against The University of California, Berkeley, thousands of barriers throughout the University’s facilities will be removed. Under a settlement agreement, UC Berkeley will also develop a comprehensive Campus Access Guide to provide information on policies and physical accessibility around the campus. Other developments include emergency evacuation plans for students with disabilities, an electric cart system to help students get around the hilly campus, and new maps and signage with accessibility information around the campus. PAGE 5 EMPLOYMENT Landmark Case against UPS for Deaf and Hearing-Impaired Workers Stereotypical beliefs continue to pervade the American workplace. Statistics show that people with disabilities are much less likely to be employed and promoted than people without disabilities. For people with sensory disabilities, this issue is compounded by communication barriers and lack of accessible materials. DRA is working to provide equal access to employment opportunities for people with all types of disabilities. Our groundbreaking class action suit, Bates v. United Parcel Service, was filed in 1999 on behalf of people who are deaf or hearing impaired. Since its filing, a nationwide settlement was reached requiring the nation’s third largest employer to provide communication access in the workplace at all of its facilities (including American Sign Language interpreters and TTY machines), as well as equal access to promotional opportunities. Still unresolved is UPS’s company-wide policy barring deaf and hard of hearing employees from all driving positions. Federal law allows deaf persons to drive vehicles weighing less than 10,000 pounds, but UPS refuses to permit its deaf employees the opportunity to advance to jobs that involve driving these small, minivan-sized vehicles. The trial court ruled that this policy was not justified by safety concerns and ordered UPS to assess deaf driver applicants individually. UPS’s appeal is currently under review by the Ninth Circuit Court of Appeals. If the trial judge’s decision is sustained, UPS will be required to consider deaf employees for driving positions on a case-by-case basis and to determine what reasonable accommodations, if any, are necessary to allow them to drive safely and communicate effectively with their coworkers and the public. For their ongoing work in this case, DRA’s Larry Paradis and co-counsel Todd Schneider of Schneider and Wallace were named the 2005 Trial Lawyers of the Year by the San Francisco Trial Lawyers Association. PAGE 6 TRANSPORTATION Airport Access for Deaf and Hearing-Impaired Travelers All too frequently, people with disabilities are subjected to inferior transportation services or excluded from them altogether. These barriers make travel to work, school, medical appointments, and social activities difficult if not impossible. Deaf people face particularly challenging barriers in airports because so much critical information passes through aural channels only. With ever-increasing security concerns, it is crucial that all passengers, including deaf travelers, have access to information in airports. To remedy such barriers, DRA recently brought a precedent-setting case against San Francisco International Airport on behalf of deaf and hard-of-hearing passengers. The settlement set an accessibility precedent by establishing, for the first time ever, full communications access for deaf and hard of hearing travelers. This year the airport will begin installing an innovative visual paging system that simultaneously coordinates with the audible paging system, an improvement benefiting all travelers. Several other improvements are under way, including the addition of TTYs and remote video interpreting services. PAGE 6 RECREATION Access and Inclusion in Parks and Sports People with disabilities also contend with significant barriers to recreation, sports, and wellness. DRA works to ensure that people with disabilities are provided opportunities for full enjoyment of the outdoors, travel, and many other social and health benefits associated with recreational activities DRA reached a truly landmark settlement with the California State Parks requiring extensive access improvements and barrier removal in over two hundred parks, beaches, and recreation areas throughout the state park system. Major goals include making accessible hundreds of miles of trails and improving access to beaches and shores, piers, campgrounds, museums, and visitor centers. Changes initiated under this settlement will make California’s park system the most accessible in the nation. LAWSUIT AIMS TO MAKE GOLF ACCESSIBLE For many people, golf is not just a game but a passion. But for people with mobility disabilities, golf has traditionally been off limits. New technology has finally opened up the game to millions of people with many types of mobility disabilities. Accessible golf carts are now available with hand controls and seats that swivel and raise up, allowing golfers to swing and strike a golf ball while remaining in the cart. These carts allow access to the entire course and provide not only recreation, but the opportunity to participate in the social and professional opportunities that occur on golf courses where many business relationships are nurtured and solidified. Although there are approximately 16,000 golf courses in the United States, only 300 courses presently provide this accessible cart to their customers. One of the worst offenders among golf courses is Marriott International, Inc., the nation’s largest golf course management company. Despite repeated pleas for accessible carts, Mar-riott—which could easily afford to do so—has refused to provide them at any of its courses. DRA has thus brought a class action suit, Celano v. Marriott, so that golfers with mobility disabilities can fully participate in one of the nation’s favorite pastimes. RUNNER’S RIGHT TO COMPETE RESTORED “DRA FOUGHT FOR MY CIVIL RIGHTS AS A DISABLED PERSON WHEN NO ONE ELSE WOULD. I ADMIRE THEIR STAYING THE COURSE THROUGH TOUGH SITUATIONS TO A WONDERFUL CONCLUSION. THEY WERE VERY POSITIVE AND ENCOURAGING.” In the summer of 2005, a clear injustice came to the attention of our director of litigation, Sid Wolinsky. A 58-year-old disabled runner, Zel Brook was being denied the right to compete in a race because she uses a cane for balance. The denial by USA Track and Field was based on that organization’s conclusion that Zel represented a threat to other runners, despite the fact that Zel had run with her cane in hundreds of races without incident. After several months of negotiation, the USATF agreed to let Zel run with her cane in all future races. PAGE 8 HOUSING Accessible Housing on Army Bases Many housing providers disregard the drastic need for accessible housing for disabled people and their families. This past year, DRA brought a case against Equity Residential, a business that operates housing and renovation for various Army bases across the country. Our case resulted in a unique settlement that will improve housing and access for disabled residents at Fort Lewis Army Base in Washington State. After extensive negotiations, Equity agreed to make significant changes in its policies for handling requests for housing and other policy accommodations, to create more accessible housing units, and to make all public areas fully accessible. The plaintiffs in this case were seven families with disabled family members. They gave considerable amounts of their time and energy throughout the litigation and negotiations. The settlement is due, in a large part, to their initiative and dedication. Implementation of the agreement is ongoing. DRA and one of the plaintiffs, Summer Krook, are working hard to ensure that Equity makes good on its obligations JUVENILE JUSTICE California Youth Authority Too often in our society we look the other way when it comes to the rights of incarcerated adults and juveniles. Those with disabilities face unique hurdles. For example, it is estimated that as many as 85 percent of all wards in the California Youth Authority have mental health or substance abuse problems, yet these wards are denied the basic rehabilitative training and treatment programs required by state law. As a result of our lawsuit Farrell v. Allen, settled in 2005, the California Youth Authority (CYA) plans a major overhaul of the state’s juvenile prison system to address the inhumane and illegal conditions of confinement affecting over 5,000 young inmates in the CYA system. A joint panel of experts is inspecting all of the CYA facilities. Recent reports show some progress, but significant work still lies ahead. PAGE 9 HEALTH CARE Health Access Project Ironically, some of the greatest barriers that people with disabilities face are in the health care system itself. Frequently, wheelchair users find medical offices completely inaccessible. Patients who are deaf often experience communication barriers due to lack of qualified interpreters. Blind people may not understand prescription information because it is not available in an accessible format. These are just a few of the many barriers faced by the disabled seeking health care. DRA broke this mold through its far-reaching settlement with Kaiser Permanente, one of the largest HMOs in the country. This settlement, reached in 2001, continues to serve as a model for the health care industry on how to deliver quality medical care for people with disabilities. Notable results include the statewide installation of accessible medical equipment such as scales that can measure the weight of individuals in their wheelchairs, exam tables that raise and lower to make transfers from a wheelchair safe and easy, and patient lifts. Kaiser has also begun the widespread implementation of resources such as assistive listening devices and computer software that converts health information resources into alternative formats. This year, with a grant from the California Endowment, DRA, in collaboration with Kaiser Permanente, is organizing site tours at facilities statewide. These tours are an opportunity for disability advocates to review the changes being made at Kaiser Permanente. It is also an opportunity to raise awareness within the community so that individuals with disabilities can become familiar with the resources now available for the first time. International Corner DRA’s affiliate in Hungary, De juRe Alapítvány (DRA-H), established in 1995, has launched a campaign against discrimination and segregation caused by that country’s education policies regarding children with severe and multiple disabilities. These children were traditionally labeled unfit for learning; not until 1993 were policies changed to allow severely disabled children to get an education. Even with this significant change, education was confined to the home and limited to five hours or fewer, as compared to 25 hours a week. for non-disabled students. Moreover, an ongoing lack of appropriately trained traveling teachers meant that these children remained isolated and were denied the educational opportunities given to their peers. In early 2006, DRA-H and partner organizations Hand in Hand Foundation and Early Development Center Foundation launched a campaign to challenge this policy of discrimination and segregation. Numerous meetings with officials from the Ministry for Education and the Ministry for Youth and Equal Opportunities resulted in a modification of the original law stating that, from 2006 on, all disabled children must have equal access to education. As a first step toward implementation, an evaluation of the accessibility of the schools and of teacher preparation is planned. DRA-H has been helping officials by providing information on access and disabilities issues. DRA-H has also launched an outreach campaign to ensure that parents know their children’s rights to equal education. On other fronts, DRA-H has initiated a high-impact lawsuit against one of the major banks operating in Hungary because its ATM machines are inaccessible to blind people and another against an international bus station, Volan, for its lack of access for people with physical disabilities. Beyond litigation, DRA-H continues its work raising public awareness around disability issues. In addition to organizing its annual festivals, Integrated Children’s Day in May and Shared World training for college students in August, DRA-H is moving forward with preparations to establish a disability research center PAGE 10 ADA Eagle and Turkey Awards Each year DRA salutes those who have made significant contributions to the advancement of people with disabilities. We present Eagle Awards to those deserving businesses and organizations who are leading the way in improving levels of access in our society. Turkey Awards go to those who demonstrate enormous insensitivity to the needs of people with disabilities, impeding progress in employment, education, health care, transportation, or social integration. 2005 EAGLES MITSUBISHI ELECTRIC AND ELECTRONICS USA for offering internships and mentoring opportunities for disabled young adults; and for the Mitsubishi Electric America Foundation’s outstanding philanthropy, which creates opportunities for young people with disabilities to lead full lives. ABC’S EXTREME MAKEOVER, HOME EDITION, for designing innovative homes that demonstrate the power of assistive technology and promote elements of Universal Design. SHANE’S INSPIRATION for leading communities in the development of universally accessible playgrounds that allow all children to play with each other at their highest ability. WILDERNESS INQUIRY for creating inclusive opportunities for people of all abilities to enjoy nature through its outdoor adventure programs; for its education and leadership programs; and for its collaboration with federal agencies to make public land and waterways more accessible for people with disabilities. 2005 TURKEYS TACO BELL CORPORATION for refusing to remove architectural barriers, including narrow queue lines and high counters, and for refusing to provide sufficient accessible parking and accessible restrooms. HOTELS.COM for refusing to guarantee accessible hotel rooms for customers with disabilities. THE STATE OF GEORGIA, sued by a paraplegic prisoner for lack of accommodations, for its claim that the ADA does not apply to prisons. THE SCHWARZENEGGER ADMINISTRATION for proposing deep cuts to In Home Support Services providers’ wages in its 2005 budget—cuts that would have made it even harder for disabled people to find adequate services. HOW TO NOMINATE AN EAGLE OR TURKEY DRA is always on the lookout for future Eagles and Turkeys. If you have a nomination, please visit www.dralegal.org/news/awards.php or contact Alicia Reyes at (510)665-8644 or areyes@dralegal.org. DRA’s 8th annual eagle and turkey awards were generously underwritten by Cingular wireless. PAGE 11 BOARD OF DIRECTORS SHELLEY BERGUM California Communications Access Foundation PETER BLANCK University Professor and Chairman of the Burton Blatt Institute at Syracuse University. FREDERICK L. CANNON Keefe, Bruyette, and Woods, Inc. MARK A. CHAVEZ Chavez and Gertler JOHNNIE LACY Community Resources for Independent Living (retired) PAUL K. LONGMORE San Francisco State University LARRY PARADIS Disability Rights Advocates WALTER PARK Access Consultant ANNE E. SCHNEIDER LD Access Foundation, Inc. MICHAEL P. STANLEY Legal Consultant LIANE YASUMOTO Corporation on Disabilities and Telecommunication ADVISORY BOARD JOSEPH COTCHETT Cotchett, Pitre, Simon & McCarthy HON. JOSEPH GRODIN Retired Justice, California Supreme Court KATHLEEN HALLBERG Ziffren, Brittenham & Branca KAREN KAPLOWITZ President, New Ellis Group YOSHI KAWAUCHI Architect - Japan LESLIE KLINGER Partner, Kopple & Klinger LLP HON. CHARLES RENFREW Retired, United States District Court Judge MARGARET R. ROISMAN Partner, Roisman Henel LLP GUY T. SAPERSTEIN Law Office of Guy T. Saperstein GERALD UELMEN Former Dean, Santa Clara University School of Law PAGE 12 Publications ACCESS TO SCHOOLS: A LEGAL GUIDE TO THE RIGHTS OF PUBLIC SCHOOL STUDENTS WITH DISABILITIES This guide educates students, guardians and educators about access rights and the legal obligations of school districts. Written in easy-to-understand language, this guide offers information on access laws and solid tips and tools to assist in advocating for public school access. A CALL TO ACTION: A GUIDE FOR MANAGED CARE PLANS SERVING CALIFORNIANS WITH DISABILITIES A Call to Action offers a snapshot of Californians’ experiences regarding a wide range of disability access needs in health care. This report also describes promising health care practices and makes recommendations for managed care plans to improve the care provided to people with disabilities. THROUGH THE MAZE, 2nd Edition Available in 2007. This updated book educates people about the rights to accessible health care and gives information about the law and protections guaranteeing access to quality insurance. In addition, this book provides a listing of community resources. FORGOTTEN CRIMES This concise, scholarly history explores the development of the Nazi regime’s euthanasia programs and the nightmarish plight suffered by more than one million people with disabilities during the Nazi era. With research and writing supported by a grant from the U.S. Department of State, this book also highlights the implication of the Nazi medical eugenics and medically rationed health care. all publications are free. For a complete listing of all our publications, and to download, order print and alternative formats please visit our website: www.dralegal.org/publications or call us at (V) 510/665-8644; (TTY) 510/665-8716; (FAX) 510/665-8511. Disability Rights Advocates A non-profit corporation 2001 center street, Fourth Floor Berkeley, ca 94704-1204 USA WWW.DRALEGAL.ORG This report was funded by a generous grant from Nordstrom