20 Years After the ADA and Questions are Still Being Asked

A Editorial by Joel Sheffel
Executive Director WSANA.org

 It is now 20 years after the Americans with Disabilities Act

(ADA) has been passed and both as a individual with a disability as well as an advocate for individuals with a disability allow me to ask some questions.

1.   Do individuals with disabilities get treated with the same respect as those who do not have disabilities?

2.   Are those with disabilities among those who might get passed up by the busses which have been specifically made so one could use public transportation?

3.   If one does board a bus are Priority Seats not occupied by kids who think the seats are for them?

4.   Do first responders treat those with disabilities with respect the way they should?

5.   When meeting the general public are persons with disabilities considered part of the general public and not pitied or felt sorry for?

6.   Why when transportation companies have been given federal funds are there so many elevated and inter city train stations which are inaccessible to those who are in wheelchairs or scooters or find stairs so very hard to walk?

7.   Why are so many problems ending up in courts when federal and state laws are ignored?

If America is to become the great country it can be then high school and college youth need to be better trained and educated as far as proper behavior after leaving school and mixing with the general public on busses and even on the sidewalks.

WSANA met on August 10,2010 with Oak Park, Illinois Chief of Police in regards to Illinois Public Act 096–1167 which provides a mandatory $500 fine and also a mandatory Class A misdemeanor for any person who denies a pedestrian with a disability the right of use of sidewalks, highways and walkways in the State. This includes crosswalks. The Act requires an operator of a vechile to stop it before approaching closer than 10 feet to a pedestrian with a disability who is using a mobility device, accompanieds by a visibly identifiable service animal, or carrying or using a white cane, and to take all precautations that may be necessary to avoid an accident or injury to the pedestrian with a disability.

This Public Act will help for individuals with disabilities to be independent in the community in which they live 

FOR IMMEDIATE RELEASE
July 27, 2010 

Governor Quinn Signs Legislation to Increase Access to Afterschool Programs
Law Creates Afterschool Youth Development Act, Illinois Youth Development Council

Public Act 096-1167

HB5095 Enrolled LRB096 16170 AJO 31422 b

AN ACT concerning human rights.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 1. Short title. This Act may be cited as the

Pedestrians with Disabilities Safety Act.

Section 5. Definitions. For purposes of this Act:

"Mobility device" means a support cane, walker, crutches,

wheelchair, scooter, or other device, which may be necessary

for use by a pedestrian with a disability when traveling.

"Pedestrian with a disability" means a person with a

disability, as defined by the Americans with Disabilities Act,

who may require the use of a mobility device, service animal,

or white cane to travel on the streets, sidewalks, highways,

and walkways of this State.

"Service animal" means a service animal as defined by the

Code of Federal Regulations (28 CFR 36.104).

"White cane" means a cane that is predominantly white or

metallic in color, with or without a red tip, that is held in

an extended or raised position.

Section 10. Rights of pedestrians with disabilities.

(a) A pedestrian with a disability has the same rights as

any other pedestrian to equal access and use of the streets,

sidewalks, highways, and walkways of this State.

(b) These rights are subject only to the conditions and

limitations established by law and applicable alike to all

persons.

(c) Any person who denies or interferes with the rights of

a pedestrian with a disability under this Act, shall be guilty

of a Class A misdemeanor with a mandatory minimum fine of $500

for each violation.

Section 15. Mobility device; service animal; white cane.

(a) An operator of a vehicle shall stop the vehicle before

approaching closer than 10 feet to a pedestrian with a

disability who is using a mobility device, accompanied by a

visibly identifiable service animal, or carrying or using a

white cane, and shall take all precautions that may be

necessary to avoid an accident or injury to the pedestrian with

a disability. Any vehicle operator who fails to take such

precautions shall be liable for damages for any injury caused

to the pedestrian with a disability.

(b) Nothing in this Act shall be construed to deprive any

person with a disability who is not using a mobility device,

not accompanied by a visibly identifiable service animal, or

not carrying or using a white cane of the rights of other

pedestrians, nor shall such an occurrence be conclusively held

to constitute evidence of contributory negligence.

(c) Qualified professionals involved in the training of

visibly identifiable service animals including training a

person with a disability in the use of an animal, orientation

and mobility instructors who are providing instruction to

persons with disabilities or receiving training to enable them

to provide that instruction, or any otherwise qualified person

providing instruction to a person with a disability in the

proper use of a mobility device or white cane shall be covered

by the provisions of this Section.

Section 20. Proclamation. Each year, the Governor is

authorized and requested to designate and take suitable public

notice of Pedestrians with Disabilities Safety Day (October 15)

and to issue a proclamation which:

(1) comments upon the necessity for and significance of

the Pedestrians with Disabilities Safety Act;

(2) calls upon the citizens of the State to observe the

provisions of the Pedestrians with Disabilities Safety Act

and to take precautions necessary for the safety of

pedestrians with disabilities;

(3) reminds the citizens of the State of the policies

with respect to persons with disabilities and urges all

citizens to ensure that the policies are upheld; and

(4) emphasizes the need of all citizens to be aware of

the presence of persons with disabilities in the community

and to keep safe and functional for persons with

disabilities the streets, sidewalks, highways, and

walkways of this State.

Section 80. The Illinois Vehicle Code is amended by

changing Sections 2-112 and 6-109 as follows:

(625 ILCS 5/2-112)  (from Ch. 95 1/2, par. 2-112)

Sec. 2-112. Distribution of synopsis laws.

(a) The Secretary of State may publish a synopsis or

summary of the laws of this State regulating the operation of

vehicles and may deliver a copy thereof without charge with

each original vehicle registration and with each original

driver's license.

(b) The Secretary of State shall make any necessary

revisions in its publications including, but not limited to,

the Illinois Rules of the Road, to accurately conform its

publications to the provisions of the Pedestrians with

Disabilities Safety Act.

(Source: P.A. 76-1586.)

(625 ILCS 5/6-109)  (from Ch. 95 1/2, par. 6-109)

Sec. 6-109. Examination of Applicants.

(a) The Secretary of State shall examine every applicant

for a driver's license or permit who has not been previously

licensed as a driver under the laws of this State or any other

state or country, or any applicant for renewal of such driver's

license or permit when such license or permit has been expired

for more than one year. The Secretary of State shall, subject

to the provisions of paragraph (c), examine every licensed

driver at least every 8 years, and may examine or re-examine

any other applicant or licensed driver, provided that during

the years 1984 through 1991 those drivers issued a license for

3 years may be re-examined not less than every 7 years or more

than every 10 years.

The Secretary of State shall require the testing of the

eyesight of any driver's license or permit applicant who has

not been previously licensed as a driver under the laws of this

State and shall promulgate rules and regulations to provide for

the orderly administration of all the provisions of this

Section.

The Secretary of State shall include at least one test

question that concerns the provisions of the Pedestrians with

Disabilities Safety Act in the question pool used for the

written portion of the drivers license examination within one

year after the effective date of this amendatory Act of the

96th General Assembly.

(b) Except as provided for those applicants in paragraph

(c), such examination shall include a test of the applicant's

eyesight, his ability to read and understand official traffic

control devices, his knowledge of safe driving practices and

the traffic laws of this State, and may include an actual

demonstration of the applicant's ability to exercise ordinary

and reasonable control of the operation of a motor vehicle, and

such further physical and mental examination as the Secretary

of State finds necessary to determine the applicant's fitness

to operate a motor vehicle safely on the highways, except the

examination of an applicant 75 years of age or older shall

include an actual demonstration of the applicant's ability to

exercise ordinary and reasonable control of the operation of a

motor vehicle. All portions of written and verbal examinations

under this Section, excepting where the English language

appears on facsimiles of road signs, may be given in the

Spanish language and, at the discretion of the Secretary of

State, in any other language as well as in English upon request

of the examinee. Deaf persons who are otherwise qualified are

not prohibited from being issued a license, other than a

commercial driver's license, under this Code.

(c) Re-examination for those applicants who at the time of

renewing their driver's license possess a driving record devoid

of any convictions of traffic violations or evidence of

committing an offense for which mandatory revocation would be

required upon conviction pursuant to Section 6-205 at the time

of renewal shall be in a manner prescribed by the Secretary in

order to determine an applicant's ability to safely operate a

motor vehicle, except that every applicant for the renewal of a

driver's license who is 75 years of age or older must prove, by

an actual demonstration, the applicant's ability to exercise

reasonable care in the safe operation of a motor vehicle.

(d) In the event the applicant is not ineligible under the

provisions of Section 6-103 to receive a driver's license, the

Secretary of State shall make provision for giving an

examination, either in the county where the applicant resides

or at a place adjacent thereto reasonably convenient to the

applicant, within not more than 30 days from the date said

application is received.

(Source: P.A. 91-350, eff. 7-29-99.)

Section 99. Effective date. This Act takes effect July 1,

2010.

Effective Date: 07/22/2010

Illinois Public Act 96-0650 requires any municipality with 50 or more employees to have both an ADA Coordinator as well as a Grivance Procedure and to have them posted on their website as of June 1, 2010.

Watch this section for a listing of Municipalities who are obeying the law.

1. Oak Park.

CMS, Olmstead, and Dear Medicaid Director.

Information Bulletin #314 (5/2010)

On May 20, 2010, Cindy Mann, the new CMS Director issued a “Dear Medicaid Director.” She reminded each State Medicaid Director that “in the Olmstead decision [in 1999], the Supreme Court held that unjustified institutional isolation of people with disabilities is a form of unlawful discrimination under the ADA.” “The demand for community services continues to grow, and many individuals in need of these services struggle without them. In addition, State budget constraints threaten the progress that has been achieved, raising concerns about compliance with the ADA and Olmstead.”

The Dear Medicaid Director letter provides your State with information “on new tools for community integration, as well as to remind States of existing tools that remain strong resources” to end the unlawful discrimination. [The letter can be downloaded. Google CMS and Dear Medicaid Director letter.]

Here is a partial list of those tools. Does your State use them all?

* CMS offers technical assistance to States to support greater

community-based system capacity to “advance opportunities for the full

community inclusion of all individuals” and for quality in home and

community based services [HCBS]. Has your State asked CMS for any

technical assistance?

* CMS provides technical assistance to States for properly implementing

PASRR [Preadmission Screening and Resident Review] so that people with

mental illness and intellectual disabilities are not dumped into nursing

facilities.

* Identifies a technical assistance guide entitled bLong Term Services

and Supports in a Managed Care Delivery System’ so States could make

sure community-based services were integral to those services.

* Identifies three opportunities for States to advance access to

affordable housing as a means to maximize community living. Has your

State applied for any of these?

* Notes that Section 1915(i) permits your State to provide HCBS as a

State plan option to service persons with disabilities in the community

without linking the benefit to either a current or future need for

institutional care. CMS pointed out that the 2010 Affordable Care Act

[i.e., health reform legislation] expanded this section and “offers

great promise as a tool to prevent instituitonalization.” Has your

State applied for this?

* Notes that Section 1915(j) permits your State to provide

“self-directed personal assistance or other HCBS for individuals who

would otherwise receive State plan personal care or HCBS waiver

services.” Has your State applied for this?

* Reminds States that Medicaid’s state plan Personal Care optional

benefit “can play an important role in supporting people in their homes

and communities, provide necessary help to care givers and can prevent

or delay the need for institutional care.”

* Reminds your State that the “self-direction service delivery model is

available under many MA authorities…. Self-direction affords

individuals an important option for maximum choice and control over

their services, and can be an important tool for the expansion of

integration community services.” Does your State provide for

self-direction?

* Identifies federal grants and enhanced Medicaid funding to support

more balanced State long-term care services and to improve access to

HCBS. Has your State applied for any of these?

* Notes that there were more than 200 Aging and Disability Resource

Centers through out the country which are supposed to streamline access

to long-term services and supports.

* Reminds your State that after 10/1/2010, each nursing facility though

out the country must ask residents if they are “interested in learning

about the possibility of returning to the community,” and nursing

facilities will be required to make referrals of individuals to ADRCs,

CILs, AAAs.

* Notes that a person-centered hospital discharge planning grants have

been awarded, and they are supposed to assist States in “developing

hospital discharge planning structures and processes that will place

greater emphasis in after-care plans, including community-based

alternatives to institutional care.”

WHAT ADVOCATES SHOULD DO:

Send the “Dear Medicaid” letter to your Governor, Lt. Gov, Speaker of the House, Senate and House Health and Human Services Chairpersons, head of all State agencies dealing with aging and disability programs;

Get with other disability and aging organizations in your state and go over all the points in the Dear Medicaid Director letter to see what your state has and has not availed themselves of;

Develop a strategy on how to get your state to move forward on the offers made in the Dear Medicaid Director letter;

Persons in Illinois should check Public Act  96-0477 which deals with Patient Discharge. WSANA wishes to thank Senator Don Harmon, Representative Karen Yarbrough for their help in getting this Public Act passed.