The Roving Activist’s Blog

I finshed writing an article for the Empty Closet, our local GLBT paper. It was submitted last Tuesday, and I got an e-mail the next day. Here it is:

Dear Anita Cameron,

Thanks for the article, which we’d like to include in the Sept. EC. Since columns usually have photos of the writers, and since we’re full up on columns for Sept. anyway, I thought we could run this as an op/ed piece in section A.

In future, we can run a monthly column, once we have your photo and a name for the column. We will also be able to allow for more space in future issues — whereas we are pretty far along with the Sept. issue at this point!

Thanks again–

Susan

I’ll be sending in the photo and name for my column tomorrow!

No Segregated Voting Machines — Final Update

Brad Williams, of NYSILC, sent in this final update about our No Segregated Voting Machines Action Alert. Five of us from Rochester attended the meeting yesterday. Thanks, Brad, for all of your hard work!

Action Alert - Final Update

Our collective actions have paid off!!! The State Board of Elections (SBOE) voted today 3-1 to approve proposal # 1 of the ballot marking device procedures, allowing any registered voter to use an integrated approach for these one per county devices and sites for the upcoming primary and election days. Congratulations!

Around 15-20 advocates attended the meeting. Lawyers for Governor Spitzer, a representative from DOB, and the Assembly Elections negotiator were also present. The SBOE then explained that they had to go into executive session related to the HAVA lawsuit. They hoped to reconvene and, if productive, be able to make progress on the ballot marking devices for 2008. I had to leave the meeting to complete filming for our documentary.

Lew Dubuque, Center for Disability Rights Policy Analyst, called me later in the day to report that SBOE reconvened and voted to take a position on ballot marking devices for 2008. They are looking to take a significant step forward and make one ballot marking device available PER POLLING PLACE in 2008! This is a major victory! CONGRATULATIONS!

Perspective

We stood strong and fought back a negative ballot marking device procedure proposal. The boldness of our language, the volume of our response (500 letters in such a short period of time), and advocates at their meeting showed others that the greater proposal for 2008 was worth fighting for.

The state has committed to its first major HAVA compliance measure to date to the disability community - at least one voting machine per polling place must be accessible.

This measure is hardly a token gesture - estimated at $40 MILLION DOLLARS!

Realize that this is just the start. It is going to take a lot of hard work to implement. However, it is far better than being shut out of the process. They are now listening to us and are beginning to respond to our needs.

Brad Williams, NYSILC

RA’s Note: In case you’re curious about that 3-1 vote, it was Commissioner Kelleher, author of Proposition 2, who voted against us. he tried to make excuses for why he put forth the segregationist proposition, then, voted against Proposition 1! What a guy, eh? NOT!!!

Here is the link to the webcast of the meeting:

http://www.elections.state.ny.us/portal/page?_pageid=35,1,35_8534:35_62319&_dad=portal&_schema=PORTAL

ACTION ALERT UPDATE

In a response to a communication sent to the New York State Board of Elections this morning, Peter Kosinski agreed to take proposal # 2 by Commissioner Kelleher off the table today!

This is a big victory for the disability community and for all citizens who want to use the ballot marking devices. We want to thank all of you who advocated for this change for your efforts. We believe that proposal # 2 will be formally dropped at the Thursday SBOE meeting and that proposal #1 by Commissioners Kellner and Aquila will be adopted. We also believe that there may be discussion raised on Thursday about expanding the ballot marking devices to one per polling place in 2008.

ACTIONS

·       Stop submitting letters to the SBOE regarding the ballot marking device procedures. This includes suspending the CDR Capwiz letter writing action alert.

·       We should still make sure that we have some advocates present at the SBOE meeting on Thursday, August 16, 2007 at 1 pm. It is obviously something that is easier for those who are in proximity of Albany. SBOE is located at 40 Steuben Street in Albany, NY 12207. Their section of Steuben Street is pedestrian. It is located between North Pearl and Chapel Streets. You can access North Pearl Street from State Street. The meeting is usually held on the third floor.

·       For those of you who cannot make the meeting, you can watch and/or listen to the meeting on the NYSBOE website via a web cast at the following link:

http://www.elections.state.ny.us/portal/page?_pageid=35,1,35_8534:35_62319&_dad=portal&_schema=PORTAL
 
Again thank you for your assistance with this successful action.

Brad

RA’s Note:

Several of us from Rochester will be going to Albany on Thursday to attend the meeting. I’ll let you know how it turns out.

I managed to get a few videos during yesterday’s Lift Line Forum. I also taped the entire forum, and we will send a summary of the tapes to Mark Aesch.

I put the videos on my You Tube spot. Here is the link:

http://www.youtube.com/adaptanita

I attended the Lift Line Forum yesterday, and testified on behalf of someone who was so afraid of retribution and retaliation that they testified anonymously.

I am glad that about 90 people showed up, and I am VERY proud of the 30 or so folks who got up and spoke out about their outrage over the exorbitant fares that will come with the Lift Line expansion program. Mark Aesch and his staff sure got an earfull!

He heard from Mike Hale, who told him that he thought that they were using the high fares as a way to phase out Lift Line. Gene Spinning made a similar statement, and reminded Mark that when he presented this proposal before the CDR Board of Directors, he stated that three million dollars would be sufficient to keep the price of the expansion service down. At the time, Mark thought that he would get two million dollars from the state, but did not think that he would get three million dollars. Well, he got his three miliion, but the price was still out of sight, and Mark had no answer as to why when they got the extra million, the price did not come down, as he said it would. Kathy Tanchick spoke of how degrading it was for her when she used Lift Line years ago. Shelly Perrin told Mark a horror story of Lift Line agents assuring her that they went to a certain park where she was planning a party, only to find out too late that they didn’t. She told the audience, “Start opening your mouths and talk about this because if you don’t things won’t change!” Bobbie Wallach spoke of how happy she was to hear of the Lift Line expansion because she would now be able to come out of isolation, and get back involved in the community. She then spoke of her despair when she learned about the high fare, and wondered how, with only $40 left over per month after all her bills were paid, would she be able to afford this.

Mark heard from Anthony Griggs, who asked why RGRTA was collecting their fares off of the backs of poor people. “Its not fair”, he said. He heard from Mayra Pica, who spoke of the problem that Latinos with disabilities encounter with Lift Line. He heard from Christy Glenn, who asked him some tough questions such as what did they base their numbers on when they calculated the fare for the expansion. Joe Wheeler told Mark that the $17 fare was a scam. Amy Faer wondered how she would be able to afford the fare, once she finished school, and got out on her own. Mark heard some scathing commentary from Anita O’Brien, who remarked that people were being awfully nice in the face of this. She went on to really break it down for Mark regarding the realities of this fare increase for our community. Mark Aesch actually rolled his eyes at her! This tells you exactly what kind of heartless beast he is, to roll his eyes when hearing stories about the despair, anger, and concern that others feel regarding his policies.

I have to say, though, that I do not believe that RGRTA will change it’s mind about the fares. Remember, they voted to proceed with the program on August 2nd, despite the public outcry over their sham hearing on July 26th, and of course, the outrageous fares. Mark Aesch, who only stayed for an hour, is a master of spin, and spun his lies to the media. I noticed that they seemed hesitant to speak to members of the disability community, but ran over to Mark like he was Angelina Jolie when he entered the room. Kathy Tanchick and I both razed the Channel 13 WHAM reporter for doing that. To his credit, he did listen to us for quite a bit, and took our names and said that he wanted to follow up with us. We’ll see. That will be up to his editor, I suppose.

As far as I am concerned, September will come, and Lift Line users who live, do business, go to church, shop, or visit in the expanded areas will begin paying those obscene fares. GRGTA will continue on as they have been, showing disdain and utter disrespect for people with disabilities with impunity. Sure, Mark Aesch just might get that job in Tampa, but his leaving really won’t change anything. The attitude goes so far up the chain that changes will have to be made in the County government, then, on the RGRTA Board of Commissioners, down to the new CEO, upper management, administration, and on down to the ”little folks”, such as support staff, bus drivers, and of course, their union. Only a miracle of the Universe will shake RGRTA up enough so that they really understand how they come off to our community, and really WANT and make a REAL effort to try and change. Until then, the struggle continues… 

My colleague, Dean DeRusso, gave me permission to post his perspective on last night’s Lift Line Forum. I think that it is important to have his views because Dean is deaf. So often, Deaf folks are not considered in the scheme of things, even within the disability community. I am proud to say that that is not the case at the Center for Disability Rights, or within ADAPT.

Here’s Dean!

Hi everyone!!

Last night was awesome!! Chris Hilderbrant, my supervisor, said, “The Lift Line forum we held last night was well attended – around 90 people - and had many speakers – I’d say about 30″. Among the crowd were some legislatives from local and state and the RGRTS staff. They even brought their CEO Mark Aesch. I would like to point out that there were 9 members from our deaf community in that audience.

Francis Kimmes was the first deaf member to signed to the audience as Deaf Elders Around Rochester (DEAR) president and told them that Lift Line is frustrating for his members and him. He added that that after events he has to stay longer waiting for the Lift Line to arrive, many members don’t get a ride due to their disabilities prevent the bus because they can not hear the horns or have difficult time remembering things. He recommends that they find better ways to remind them like a pager or something. There were other issues that he mentioned as well. Let’s waive hands for Francis for his effort to speak for those who could not show up for this forum!!

I, Dean DeRusso the Deaf System Advocate, signed to Mark Aesch facing the audience about equal access. Comparing Lift Line services with deaf communities Sign Language Interpreters, because the community and society could not meet the needs of the deaf community these interpreters are provided for us at no extra costs.
 
For that reason, I believe that prices should be same prices as the normal RTS bus prices of $1.50, because RTS service could not meet the needs of the disabilities communities.  That means that RTS should use their $8 million dollar state funds from last year profit to cover the costs of the Lift Lines just because Mark Aesch, RTS Service, could not meet the service needed by the disability community at no extra cost to the disability people.  All of the audience start applauding in support of my comment.
 
Mark says that he needs to be sure he has a plan that will help him cover rent costs and basics. I was told they made $8 million state funds profit last year, and year before that was $6 million state funds profit. I was at the last board meeting…they are still making profit. What are they doing with all that profit money? Chris Hilderbrant and I both don’t understand why not use that state funds to help keep the costs affordable for those who do not have a job.

The issue here is that $8.50 is too much for Lift Line riders! They have received $3 million dollars to keep this cost down. However they increased the costs and it makes no sense at all!

There are many deaf people out there who are frustrated with RTS bus service as well! Several deaf from the audience asked to set up a support group to fight RTS and Lift Line service, if you are interested please email me. 

Below is Democrat and Chronicle newspaper’s article, for those who did not read the newspaper recently:

http://www.democratandchronicle.com/apps/pbcs.dll/article?AID=/20070810/NEWS01/708100355/1002/NEWS

Thank you,

Dean DeRusso
Deaf Systems Advocate
Regional Center for Independent Living
Advocacy and Independent Living Services for Individuals
497 State Street
Rochester, NY 14608

Sorenson VP: 585 546-7598
VP: 74.39.189.195
Voice Callers 1: (877) 467-4877 ext 07598
Voice Callers 2: 866-327-8877 ext 585.546.7598
TTY: (888) 839-8208
Fax: 585.546.5643
E-Mail: dderusso@rcil.org

Here is a short summary from Chris about the Lift Line Forum that we had last night in the Stardust Ballroom of the Edgerton Community Center. Mark Aesch, CEO of RGRTA was there, as well as Greg Lewin, a Legislative Assistant to State Senator, Joe Robach.

Chris has also provided media links and stories.

Hi All,

The Lift Line forum we held last night was well attended – around 90 people - and had many speakers – I’d say about 30.  The forum participation far exceeded the RGRTA “public hearing” and reinforces what a farce their hearing was.  There was a lot of media attention to aide in our continuing pressure to bring the cost for expanded service DOWN to something riders can afford!  We had stories on the three networks last night and at least two this morning.  There’s also a story in this morning’s D&C.  All the clips I could find online are pasted below!

Thanks to Anita Cameron, Susan Norwood, Anita O’Brien, and Mary Ann Price for making the forum happen!  And thanks to the many others that showed up and spoke or gave support to the speakers!

More to follow in the weeks to come…

Chris

————
Democrat and Chronicle

http://www.democratandchronicle.com/apps/pbcs.dll/article?AID=/20070810/NEWS01/708100355/1002/NEWS
Forum blasts rise in Lift Line fares

Fernando Diaz

Staff writer

(August 10, 2007) — Mark Aesch sat quietly in his pin-stripe suit Thursday evening at the front of the Stardust Ballroom at the city’s Edgerton Community Recreation Center.

On the other end of a microphone, one person after another took turns explaining to him, as CEO of the Rochester-Genesee Regional Transportation Authority, why the agency’s proposal to expand its Lift Line service for the disabled is unfair.

“If you can’t afford it, it’s an empty option,” Chris Hilderbrant, director of advocacy for the Center for Disability Rights in Rochester, said afterward.

The CDR organized the forum in response to what it alleges was the RGRTA’s move to exclude disabled riders from a hearing where the expanded service was disclosed, a hearing that conflicted with a dinner scheduled last month to celebrate the signing of the Americans with Disabilities Act.

The RGRTA announced in July that its supplemental service area would reach two miles farther than the ¾ of a mile from an RTS bus line mandated by the ADA. Disabled riders could request that a Lift Line bus pick them up in the extended area, but the trip would cost $6 more than their regular fare. Riders at the meeting said this would now push round-trip fares to $17 in the expanded areas.

Aesch said Thursday the RGRTA wanted to ensure the service was affordable, permanent and not an added burden for taxpayers, adding that disabled riders would now have a cheaper alternative to private services on weekends.

“Today the choice is no ride or $50 one-way,” Aesch said after the forum, “We recognize $6 may be too expensive for some people.”

Hilderbrant said he couldn’t understand why the RGRTA doesn’t use some of its surplus to cover the proposed increases.

Anthony Griggs, who uses Lift Line to get to and from his Rochester home, was still upset after the meeting. “They didn’t listen to us. We’re on a fixed income. Why do they want to hit the poor people?”

Hilderbrant said those who will suffer most are disabled riders who lived near an RTS bus route before it was cancelled. Now they will have to pay the increased price.

“I would like an expanded service,” he said, one riders can afford.
 

FDIAZ@DemocratandChronicle.com
—

Channel 8

http://rochesterhomepage.net/content/fulltext/?cid=12123

(from the link you can watch the story)
Lift Line fare concerns rise

Reported by: WROC-TV

Friday, Aug 10, 2007 @07:19am EST
More opposition is coming from Rochester’s disabled community on a proposed fare increase of Lift Line service, a curb-to-curb public transportation service operated by the Rochester Genesee Regional Transportation Authority. Late last month, the RGRTA board approved the fare hike of $6.00 for Lift Line riders.

During a forum last night, dozens showed up to voice their concerns.

Passenger Ruth Patterson was not alone is protesting the additional charge,

saying “there is no way” she will be able to afford a higher fare, being on a fixed income, and living in subsidized housing.

Mark Aesch of RTS says the increased fare is necessary to cover the cost of expanding lift line:

“What we’re trying to do is put this service in place for a new group of people to be able to take advantage of this expanded service. For those whom it’s too expensive, let’s work together and see if we can’t find ways to make it more affordable.”

Aesch says the board is willing to work with those who can’t afford the higher fare.

The Rochester Genesee Regional Transportation Authority will vote on the fare increase next month.

—

Channel 13

http://www.13wham.com/news/local/story.aspx?content_id=733a9176-1372-42de-a9b9-32f7fe3864dd

(from the link, you can watch a shortened version of the story)
Lift Line Customers Against Raise in Fares

Last Update: Aug 10, 2007 7:59 AM
(Rochester, N.Y.) — People with disabilities who ride Lift Line buses voiced their concerns about rising rates to RGRTA leaders at a meeting Thursday night.

In 2005, the Rochester Genesee Regional Transportation Authority, which runs Lift Line, cut service to some areas. Now they’re bringing it back, but customers aren’t happy the trip will cost another $6 each way.

Chris Hilderbrant of the Center for Disability Rights, Inc., said, “For individuals that used to have the service and got cut off, and now are being offered 8-50, it’s a 6 dollar increase. It’s a huge increase for those individuals. So it’s a little hard for them to be excited about paying way more than they used to.”

Mark Aesch, CEO of RGRTA, said, “All we’re talking about doing is if you want to ride Lift Line further out in the community than you do today, it’s an option for people. If you want to ride it like you do today, keep riding it like you do.”

The transit board already approved the change in service and cost, but they’re leaving open the possibility of reducing the cost after reviewing comments made at the meeting.
—

Channel 10 – had coverage last night, but nothing on their website.

RA note — You would think that in this day and age of post ADA, that people who are Deaf would not have to go through this, but I see it all the time. My colleague, Dean DeRusso, our Deaf Systems Advocate, could tell you stories that would make your head spin, and really get you angry! 

Judge Spotlights Shortage of Interpreters for the Deaf

By ALAN FEUER

New York Times

Published: August 10, 2007

The prevailing custom in the New York courts is for sign language interpreters to work in tandem: one translates the rapid-fire arguments of courtroom life, while the other gets to rest weary hands.

There is, however, a shortage in the courts of sign language interpreters, so this buddy system does not always work, according to court officials. Yesterday, a judge in Queens took note of the shortage, writing a memorandum that explained why he had awarded an interpreter who was forced to work alone twice his daily rate of pay.

The judge, Justice Charles J. Markey of State Supreme Court, gave the higher rate to Gabriel Grayson, a certified American Sign Language interpreter. It was after Mr. Grayson had translated for a deaf plaintiff at a six-day civil trial in June involving a personal injury case. Mr. Grayson had told the judge and other court officials in Queens of the normal two-interpreter setup, but agreed to work alone, for a bit more money, after officials could not find another interpreter to relieve him.

The judge’s memo was entirely self-motivated. No one at the trial — not the plaintiffs, Farrah and Bibi Wahid, nor the defendant, the Long Island Rail Road — disputed that Mr. Grayson should receive the higher rate.

In fact, in his 13-page decision quoting experts on the deaf (and a former lord chief justice of England and Wales), Justice Markey explicitly said that he was trying to call attention to what he considers a worthy cause.

The memorandum, the judge wrote, is intended to explain the court’s decision in signing the order for the increased pay “and to throw a spotlight on the disturbing lack of skilled A.S.L. interpreters in the courts.”

That lack, according to research laid out in the judge’s memo, has a number of causes. First, he wrote, the court interpreters must often wait months to schedule an examination with their certifying body, the Registry of Interpreters for the Deaf. The exams are expensive, the judge wrote, as are the dues that interpreters must pay or else risk losing certification.

The court’s rate of $250 a day is not competitive compared with pay rates for similar duties in the private sector, he explained. Justice Markey also pointed out that interpreters are rarely given cancellation fees when they work in the courts, where hearings can be called off without notice at any given time.

Justice Markey noted the “explosion of employment opportunities” for the certified interpreters at video conferencing events — a much gentler form of work than the nonstop world of the courts. While there are no official studies of sign language interpreters in the New York legal system, Justice Markey quoted a study from Nebraska that said 65 percent of all assignments for American Sign Language interpreters in that state’s courts went unfilled.

Back in New York, he said, even in Rochester, which has the largest per capita deaf population in the country (the National Technical Institute for the Deaf is there), only a limited number of certified court interpreters are available.

Justice Markey made specific mention of Kathleen Rozanski, a deaf woman in Rochester who filed a federal complaint in 2002 related to the handling of her divorce.

Justice Markey wrote that Ms. Rozanski’s lawyer did not hire a certified interpreter, but instead relied on notes, telecommunications devices for the deaf and family members familiar with sign language to communicate with her in court. In her complaint to the Justice Department, Ms. Rozanski said these alternate methods of communication had led to higher legal fees. Federal officials agreed, finding in a settlement with the lawyer that attorneys must provide interpreters to communicate with the deaf.

Gordon Hewart, the lord chief justice of England and Wales from 1922 to 1940, once wrote, “A long line of cases shows that it is not merely of some importance, but it is of fundamental importance, that justice should not only be done, but should manifestly and undoubtedly be seen to be done.”

Justice Markey wrote, “With increasing societal awareness and sensitivity to the plight of deaf persons in the courts, we can add to Hewart’s famous dictum that justice, in the form of courtroom proceedings, must also be clearly heard and, for the hearing-deprived, must be unmistakably interpreted so as to be undeniably understood.”

This is an Action Alert from Brad williams, of NYSILC. Please respond to it! We want the NYS Board of Elections to know that the disability community opposes segregation in ANY form, and that includes voting machines! 

ACTION ALERT

Today is a new day! We now have this down to just an argument over whether the sites and ballot marking devices can be integrated and used by any registered voter in each county (which we support), or segregated to people with disabilities (which we oppose). At this time, if we respond with a strong, similar message in volume, we will probably get them to rule in our favor.

ACTION

As a result, CDR has provided the following link to their interactive advocacy website. It is programmed with a message to be sent on this issue to the State Board of Elections (SBOE). All you have to do is click on the link below:

http://capwiz.com/rochestercdr/issues/alert/?alertid=10164001&type=CU&show_alert=1

When you are on their site, you will have to fill in the fields (boxes) with your personal information. If needed, clear the box if it contains a previous person’s information. “Prefix” provides a drop down menu for (Mr. Mrs., etc.). You then insert your information into the appropriate box for your first name, last name, email, address, city, state, zip and telephone number. You can ignore the zip+4. You can send the message just as it is, or add to it if you want. When you are ready to send the message, simply click the “Send Message” button at the bottom of the screen. The program will do a mail merge and send a fax to the SBOE in a letter format! It will also send an email version to the SBOE general mailbox in the event they shut off their fax. It is important to only send one letter per person.

We will keep you informed if a result is achieved.

Brad

PS — If you live out of state, don’t worry, you can still respond. Several people from around the country (including my Mum, in Tacoma, WA) have completed the Alert.

The Most Integrated Setting Coordinating Council now has a website! You can view archived meetings, find the dates of upcoming meetings, and learn more about MISCC. Here is the link:

http://www.omr.state.ny.us/MISCC/

Click on either of the media players to see the webcast of the July 16th meeting. Four of us came from Rochester to attend this meeting.