The Roving Activist’s Blog

Metro had an exhibit of its new, more accessible rail cars today, so I went down to take a peek. I must admit that I liked them a lot! These redesigned cars (series 3000 and 6000) have an access area at every door, instead of only in the middle of the car, and gone are the floor-to-ceiling poles that a wheelchair-using passenger had to navigate in order to reach the access areas. Removal of the poles also means unimpeded access throughout the train, so that if one access area is taken, I can now go down the length of the train until I come to an empty access area. Sweet! I now feel like a real Metro passenger, instead of a mere inconvenience. I was interviewed by a number of media outlets, and came home to see my mug on Channel 5, DC’s local Fox station. I must admit, they did a good job.

I stayed for almost the entire event, talking with Metro officials and board members, and asking about issues such a gaps between the rail cars and the station platform, as well as some minor difficulties that I was having with boarding the 3000 series cars. Fortunately, the 6000 series cars are easier to board, as the threshold is more level. I also asked about clampdowns. Though I don’t need them, some members of the disability community who use wheelchairs feel safer with them. I was told by interim General Manager, Dan Tangherlini, that they may consider adding them to the next round of rail cars that come online.

Some of the 3000 series trains will go into service tomorrow, while the 6000 series will be added throughout the rest of the year. The 3000 series cars will be equipped with cameras for a time so that Metro can study usage patterns on these cars.

Here is an update on the DC Voting Right Act from DC Vote…

House Judiciary Committee Chairman James Sensenbrenner (R-WI) announced that the Subcommittee on the Constitution will mark up the DC Fair and Equal House Voting Rights Act (DC Voting Rights Act, H.R. 5388) on September 14, 2006.

In a historic vote in May, the House Committee on Government Reform passed the DC Voting Rights Act with overwhelming bipartisan support and a vote of 29-4. Now the bill moves to the Judiciary Committee by way of the Subcommittee on the Constitution.

UN Rights Body Urges D.C. Vote in Congress

From DC Vote…

The United Nations Human Rights Committee on Friday urged U.S. lawmakers to give the District of Columbia a voting member of Congress, saying the lack of such representation appeared inconsistent with international law.

The rebuke came in a report released by the committee in Geneva on Friday which said residents of the U.S. capital deserved to take part in government affairs directly or through freely chosen representatives under the 1992 International Covenant on Civil and Political Rights.

The District of Columbia has been without a voting member of Congress since its founding as the national capital in 1790 because it was specified by U.S. Constitution as a federal district that was not part of any state.

D.C. residents were not allowed to vote in presidential elections until 1961, when a constitutional amendment was ratified.

The U.N. Human Rights Committee said it “remains concerned that residents of the District of Columbia do not enjoy full representation in Congress, a restriction which does not seem to be compatible with article 25 of the Covenant.”

“The State party (the United States) should ensure the right of residents of the District of Columbia to take part in the conduct of public affairs, directly or through freely chosen representatives, in particular with regard to the House of Representatives,” the panel said.

Voting and human rights advocates welcomed the statement and hoped it would boost support for a bill to give Washington a seat in the House of Representatives.

Timothy Cooper, executive director of Worldrights, said the statement also could provide the basis for legal challenges to the prohibition on voting representation.

“No longer can the U.S. hide from its international obligations,” Cooper said. “It should act to right this human rights wrong without delay.”

Here is a newspaper article about the regional action that we did yesterday. ADAPT members from DC, DE, MD, PA, TX, and VA attended. I was energized by seeing my friends and being on the front lines, and in the thick of things. As you will see from the article, the action was a success!

Disabled seek bishops’ support for community living law

By Jerry Filteau
Catholic News Service

WASHINGTON (CNS) — More than 30 people in wheelchairs occupied the lobby of
the U.S. Conference of Catholic Bishops for an hour July 27 in an effort to
get USCCB backing for a federal law that would help many people with
disabilities live in their communities instead of in nursing homes.

The demonstrators were members of Adapt, a national organization that fights
for disability rights.

After demonstrating for an hour and meeting briefly with top USCCB
officials, who agreed to a follow-up meeting, the group left.

Cassie James of Philadelphia, who led the group in several chants, told
Catholic News Service that Adapt “is fighting for real choice” for many
people with disabilities who would be able to leave nursing homes if
Medicare and Medicaid funding were not biased in favor of the
institutionalization of those with disabilities.

The group was seeking support for the Medicaid Community-based Attendant
Services and Support Act, which the demonstrators referred to by the
shortened name MiCASSA. The bill has been introduced in both houses of Congress.

“It’s time for change, not charity,” James said.

She led the group in a back-and-forth chant:

“What do we want?”

“We want MiCASSA!”

“When do we want it?”

“We want it now!”

She also led them in a chant, “Our homes, not nursing homes!”

Kathleen Kleinmann, who has muscular dystrophy, told CNS she worked for
Catholic Charities of the Pittsburgh Diocese as its Washington County
director in 1986-87 but left to start her own nonprofit center for
independent living there. The center “is now a $6 million operation,” she said.

Compared with nursing home care, “giving the basic services needed (for
people with disabilities to live independently) is not expensive, but it is
essential,” she said. “The church could be in the forefront.”

She said Adapt was formed in 1982 to campaign for wheelchair access on
buses. When it won that fight in 1990, it turned to the independent living
issue. But she said the Catholic Church has not been giving that issue “the
kind of response we think it deserves.”

Philadelphian Eileen Sabel, who said her friends call her “Spitfire,”
described nursing homes as “death camps.”

The demonstrators began gathering in the lobby of the bishops’ national
headquarters shortly before 1 p.m. Promptly at 1 p.m. they began singing
“Amazing Grace” followed by chants for MiCASSA, for “change, not charity”
and for “justice, not charity.”

About 1:40 p.m. Msgr. David J. Malloy, USCCB general secretary, and Nancy
Wisdo, USCCB associate general secretary, came in to meet with the group.
Accompanying them were Msgr. Francis J. Maniscalco, USCCB secretary for
communications, and Janice LaLonde Benton, executive director of the
National Catholic Partnership on Disability, whose offices are next door to
USCCB headquarters.

They listened as James and others described the concerns they wanted
addressed and what they described as a lack of responsiveness from Catholic
officials on the MiCASSA legislation, on which the USCCB has not taken a
position. A couple of speakers also complained about the lack of
handicap-accessibility in some Catholic churches.

Wisdo volunteered to set up a time to discuss the issues more fully, saying
she would also like to include the Catholic disability office and the
Catholic Health Association in the discussion.

Benton, who has been with the Catholic disability agency since it was formed
in 1982, said she would like to work with Adapt and assist it in getting the
voices of the disabled heard more widely.

Msgr. Maniscalco told CNS later the demonstrators he talked with seemed to
share a spirit of good will summarized by one woman who told him, “This
demonstration is kind of a compliment to you because we think you can really
make a difference on something like this.”

“They really were looking for the church to assist them in a matter that’s
extremely important to them,” he said.

During the demonstration Anita Cameron of Washington told CNS she grew up
Catholic and got interested in social justice through the church.

“The Catholic Church has a long, long history of social justice,” she said,
but she finds it “disheartening” that the church does not pay more attention
to the civil and human rights of those with disabilities. “We’re participating members of society, too.”

Michelle McCandless of Philadelphia said she has used a wheelchair since she
was run over by a catering truck two years ago. When asked if she was a
Catholic, she said she grew up Catholic and “I wear a Catholic cross, but I
go to a Baptist church because they’re accessible.”

Bob Kafka of Austin, Texas, a national organizer of Adapt, said there has
been a bias toward the institutionalization of the disabled in Medicare and
Medicaid since the programs were established in 1965.

When the money gets short, states cut back first on the community-based
programs that would free people with disabilities to stay out of nursing
homes, he said.

“It’s a civil rights issue,” he added.

American Association of People with Disabilities (AAPD) was founded on the fifth anniversary of the ADA. It promotes public policies that advance the goals of the ADA: equality of opportunity, full participation, independent living, and economic self-sufficiency. Each year, AAPD sponsors an event to commemorate the ADA anniversary, at which it presents Justice for All Awards as a way of recognizing individuals who have proven to be extraordinary champions of political and economic empowerment for people with disabilities.

At Tuesdays event, AAPD presented Justice for All Awards to Congressional champions of disability rights, Representatives Danny Davis and Jim Ramstad; Corey Rowley, Pennsylvania SILC Executive Director; Bob Kafka, ADAPT National Organizer; and The Honorable Rick Lazio, Executive Vice President of JPMorgan Chase & Co. and a former member of congress all received JFA Awards. Additionally this year, AAPD also presented a Thomas Paine Award to MIT Professor Ted Selker.

Rep. Jim Langevin (D-RI), who also has a disability, was there, as well as several other lawmakers. Rep Major Owens (D-NY) spoke. Sen. Tom Harkin (D-IA) presented the JFA award to Bob Kafka, who recalled some memorable ADAPT actions, and spoke of the importance and the need for disability activists to have and to utilize a sense of anger that they could then channel into positive action. Bob recognized the work of ADAPT members such as myself, Irene Norwood, who has passed away, and Bobby Coward. Other luminaries in the disability community such as Yoshiko Dart, the widow of Justin Dart, I. King Jordan, president of Gallaudet University, Doris Ray, of NCNV, The Honorable Judy Heumann, Margaret Gianini, of the Department of Health and Human Services, Rep. James Sensenbrenner (R-WI), and his wife, AAPD Board Member, Cheryl Sensenbrenner were also present.

Rep. Davis and I have a friend in common, Dennis Schreiber. Davis never fails to mention him in any of public speeches about the need for in-home services for people with disabilities. I took the opportunity to personally speak to Rep. Davis, who recognized me from the old days when I worked with Dennis, and he was a local activist. I got a big hug from him, and a message of regards to Dennis.

I enjoyed myself at the event, and was proud and honored that an ADAPT member was among the awardees. I got to see some old friends, do some networking, and hobnob with some famous folks. It was cool!

Most of my energy these days has been spent on a new campaign. I have been working on getting support from various Metro entities for a public bus forum for people with disabilities. I first brought this up at the E&D meeting that was held on the 10th of July. The proposal was met with positive statements, and though Pat Sheehan, our Chair, was out of town, and I would have to get approval from him, I decided to seek support from other Metro departments, and have this information for when I talked with Pat.

Everyone that I have spoken to at WMATA has been supportive of a bus forum. I placed a call to Wendy Klancher, of the Washington Metro Area Council of Governments, and Steve Yaffe, of Metro, and received support for the forum form them. I spoke before the WMATA Board of Directors, and afterward, one of the board members, Kathy Hutchinson, came up, and offered her support. I asked that she speak to her colleagues about this. I then sat down with Glenn Millis, and Jack Requa. They were extremely supportive, and Mr. Requa, though he offered no guarantees, promised to send out letters to the interim General Manager, and several other Metro officials. We even went over the possible dates, times, and District officials who would be invited! I have been trying to catch up with Pat, but I also want to speak with Dennis Jaffee, Chair of the Riders Advisory Committee. I feel that he would be a good ally, and I want to work closely with him on this. 

The forum is not intended to put down Metro or its employees, but to air the concerns of passengers with disabilities despite the fact that Metro’s buses are now 100% accessible. My hope is that the E&D Committe, the RAC, and Metro will work together to address the concerns of its passenger with disabilities, and to offer solutions to these problems. I hope that the forum will not be an end, but a beginning in the effort to make Metro the best transportation system in the nation. It will not be easy, but based on the reception and support that I have received at Metro I feel pretty good, so far. I will keep you abreast of my progress.

I have been quite busy for the past few days. Both of my phone lines have been humming, and I’ve found myself at WMATA headquarters two days in a row. My hunt for a sign language interpreter for the ADAPT Youth Summit appears to have been successful. The deadline for applications has passed, and we are now in the process of selecting attendees.

My friend, Bill O’Field, at the DC Board of Elections and Ethics called and asked me if I would participate in making a training video for poll workers that would address polling place accessibility for voters with disabilities. Of course, I jumped at the chance to see some of my old friends, and went down on Thursday and did two shots–one highlighting the new accessible doorbells for voters who cannot open the doors to some polling places, and another featuring the touchscreen voting machines that allow voters with disabilities, and those with reading or language barriers to vote secretly and independently. The video should be out by the middle of August.

Thursday evening, on a 98-0 vote, the Senate passed the bill reauthorizing the expiring provisions of the Voting Rights Act of 1965 (S. 2703). Since the House has already done so, the only thing left to be done is for President Bush to sign the Voting Rights Act, and he has promised the NAACP that he would do this.

President to Address NAACP Tomorrow

By Darryl Fears
Washington Post Staff Writer
Wednesday, July 19, 2006

After six years in office, President Bush has agreed to address the NAACP at its annual national convention in Washington, the White House announced yesterday.

White House spokesman Tony Snow said the president will appear before the nation’s oldest and largest civil rights group tomorrow after years of trading rhetorical jabs with its leadership.

“I think the president wants to make the argument that he has had a career that reflects a strong commitment to civil rights,” Snow said at a news conference.

With the appearance, Bush will avoid becoming the first president since Warren G. Harding to snub the predominantly black organization throughout his term.

The president’s change of heart followed a change in the NAACP’s leadership. Bruce Gordon, the new president, is a former telecommunications executive who is more moderate than his predecessors.

“Yes, they have political disagreements,” Snow said, but “Bruce Gordon . . . and the president have good relations.”

The NAACP was among the organizations that strongly challenged the results of the Florida balloting in the 2000 election that was ultimately decided in Bush’s favor.

A few years later, NAACP Chairman Julian Bond referred to far-right members of the Republican Party as “the Taliban wing.” Former NAACP president and chief executive Kweisi Mfume routinely criticized the administration’s policies.

When Bush declined the group’s invitation to speak at its 2004 convention, he explained the snub, saying, “You’ve heard the rhetoric and the names they’ve called me.”

That same year, during the buildup to Bush’s reelection in November, the Internal Revenue Service threatened to revoke the NAACP’s nonpartisan, tax-exempt status because Bond “condemned the administration policies of George W. Bush” in a speech, according to documents provided by the NAACP’s lawyers.

The NAACP, founded in 1909, has had sufficient influence in black America to draw every president after Harding to its conventions, even as the group has been critical of some, including Republicans Richard M. Nixon and Ronald Reagan and Democrats Jimmy Carter and Bill Clinton.

Here’s my take…

I’m glad that the President has finally grown some courage and will address the NAACP at it’s 97th Annual Convention. I was wondering if he would stop hiding behind the childish reasons that he had for avoiding the Convention, and step up to the plate. He isn’t the first president to be criticized by the NAACP, nor will he be the last. If it were indeed true that he was winning the hearts and minds of more and more African Americans, he should have been willing to say this publicly at the convention, and outline his plans to continue to win our hearts and minds. Instead, he let what appears to me to be mere personality conflicts with two of the past leaders of NAACP to stop him. I guess in this case, it’s “Thank goodness for Mr. Gordon!”

In a sense, I feel that Mr. Bush’s stance regarding the NAACP, and the stance that he has taken with regard to some aspects of foreign policy and foreign leaders are similar — If I don’t like you, I won’t co-operate with you. This stance seems so patently immature for the leader of the most powerful nation on the planet. Thankfully, for now, he has stepped back from this with NAACP. Hopefully, he’ll extend that to other national and international leaders (and organizations) that he doesn’t get along with. It will go a long way towards world peace.

I received this today from ADAPT. Whew…I’m a bit relieved!

Exemptions Issued to Proof-of-Citizenship Law

July 7, 2006

CMS on Thursday announced that it will exempt people enrolled in the
Supplemental Security Income or Medicare programs and other groups from
regulations that took effect July 1 requiring Medicaid beneficiaries and
applicants to provide proof of citizenship in order to receive benefits, the
Washington Post reports (Levine, Washington Post, 7/7). Under the law,
individuals seeking care through Medicaid must show proof of U.S.
citizenship, such as a birth certificate, passport or other form of
identification.

The law’s intent is to prevent undocumented immigrants from claiming to be
citizens in order to receive benefits provided only to legal residents
(California Healthline, 6/29).

CMS Administrator Mark McClellan said that people receiving Medicare or SSI
benefits would be exempt under the agency’s new regulation because they
already had to establish their citizenship when they enrolled in those
programs. He estimated that about eight million of 55 million Medicaid
beneficiaries would fall into those categories.

McClellan also said states could establish proof of citizenship by
referencing records of state agencies that administer food stamps, child
support and child protective services, as well as agencies that issue
driver’s licenses (Pear, New York Times, 7/7).

In addition, individuals who make a “good faith effort” to prove their
citizenship will not face loss of coverage. In rare cases, sworn affidavits
from the beneficiary and at least one other person could be used when no
documentation of citizenship can be found.

The regulations will become final later this summer (Alonso-Zaldivar, Los
Angles Times, 7/7).

‘Scrivener’s Error’
The New York Times notes that in an “unusual preamble to the new rule,” CMS
states that it believes Congress intended to exempt people in Medicare or
SSI from the proof-of-citizenship rule. The original law states that the
requirement “shall not apply to an alien who is eligible for medical
assistance” if the person also is enrolled in one of the other programs.
According to the CMS preamble, this language is “clearly a drafting error”
in which Congress intended to use the word “citizen” but “actually used the
term ‘alien.’”

CMS said it was correcting “a scrivener’s error” with the new regulations
(New York Times, 7/7).

A hearing will be held Friday in federal court in Chicago for a lawsuit in
which advocacy groups are seeking to stop implementation of the new law on
grounds that it is unconstitutional (Washington Post, 7/7).

Today is the 4th anniversary of Colorado ADAPT’s victory of the Battle of HCPF. The Battle was a 13-day vigil that Colorado ADAPT maintained from July 5-18, 2002. ADAPT members along with a few other supporters camped out in front of the State Human Service Building day and night until the Director of the Colorado department of Health Care Policy and Finance (HCPF) rescinded the cuts in the reimbursement rate for home health agencies that had been ordered by the Governor.

I spoke somewhat of the Battle in my post for Popz, and there is a link to the Battle website in the Blogroll. However, if you want to read a first-person account of what happened, click here. It is a partial diary written by me, of course, with it’s own link to the Battle site. Happy reading!

This anniversary also has another significance that I noted at the press conference when the victory was announced. Today is also the 88th birthday of elder statesman, Nobel Prize winner, and former President of South Africa, Nelson Mandela. Happy birthday Madiba!