ADA on trial: Title I, II at stake

Two cases about a state's rights battle over a key federal anti-bias law will be brought in front of the U.S. Supreme Court. The Court will decide whether the Americans with Disabilities Act (ADA) covers state employees and if Congress exceeded its power by allowing state employees the right to sue in federal court.

Two provisions of the ADA are at stake: Title I bars discrimination by employers, both public and private; and Title II outlaws disabilities-based discrimination against anyone by governmental entities. Decisions in the court cases are expected in 2001 and could be broad enough to have an effect on all ADA lawsuits against state governments.

Locally, the U.S. Court of Appeals for the Seventh Circuit recently decided that the ADA does not protect state employees. Indiana is one of the states in the Seventh Circuit.

Robin Jones, director of the Great Lakes ADA Center, feels these decisions could have an impact on Indiana and other members of the Seventh Circuit Court. "We may hear a lot of reference to these decisions in future cases," said Jones. "We have dodged bullets lately with cases against Title II being settled out of court. Obviously, there is a desire by the courts to take a look at this issue."

The two cases will be brought in front of the Supreme Court in October.

Indiana's 10-year ADA celebration: Renew the Pledge

Most would agree: it's been a quick and extremely monumental 10 years in disability history. And now it's time to celebrate.

On Wednesday, July 26, 2000, the Artsgarden in Indianapolis will be buzzing with people celebrating the 10th anniversary of the Americans with Disabilities Act (ADA). The event, sponsored by the Council, the ADA Indiana and the Indiana Institute on Disability and Community, will take place from 10 a.m. - 4 p.m. First Lady Judy O'Bannon and other local officials will participate.

The event is open to the public. Participants will enjoy music, dancing and a variety of arts, as well as information booths.

To plan a local ADA celebration, contact the Council for a comprehensive packet including general ADA information, a guide to hosting a local ADA celebration, and a copy of the flier for the Indianapolis ADA celebration.

For more information about the activities, how you can get involved, or to obtain an ADA celebration packet, contact the Council at (317) 232-7770 (voice), (317) 232-7771 (TT), (317) 233-3712 (fax) or gpcpd@gpcpd.org (e-mail).

And the winner is...

Congratulations to the following people who returned Disability Awareness Month evaluations to win a free Disability Awareness Month T-shirt. These names were drawn from the 147 evaluations returned to us earlier this year:

• Roberta Kicinski, George Earle Elementary
• Carla Ault, Seymour SEPAC
• Nancy Leppens, RN, Decatur Middle School
• Christian Miller, New Castle/Henry County Public Library
• Marcia Tapp-Sanders, Fort Wayne Newspapers
• Jan Bonesho, ATTAIN, Inc.
• Julie Waddell, Board of Tax Commissioners
• Becky Morris, Fayette Co. School Corp.
• Paula Micken, Purdue University
• Patty Ebert, Culver School

If your name appears on this list, and you did not receive your T-shirt, please contact Jamy Schuler at Borshoff Johnson & Co., (317) 631-6400 (voice) or jschuler@borshoffjohnson.com (e-mail). More than 900 advocates ordered Disability Awareness Month materials and planned events in 2000, allowing the Council to reach tens of thousands of Hoosiers.

Enjoy a beautiful garden

Warmer weather and clearer skies provide an opportune time to plant beautiful flowers and delicious vegetables. Gardening has been proven therapeutic and is often said to be America's number one leisure activity.

It is important for everyone, especially people with disabilities, to have a user-friendly garden. To get the most out of your garden, consider the following tips:

• Ground level gardening can be used if you can get up and down without assistance. Wear hats and use kneepads and padded hand tools if you use this technique.
• If you need to use your arms to push up on objects or to hold objects to pull yourself up from low surfaces, raised beds for your garden are suggested. Some tools that can make it easier are benches, stools or long-handled tools.
• Use elevated gardening if you have problems bending or stooping. Aprons, buckets and carts can be used to carry and organize tools used in the garden. Simplifying your watering system will also help you avoid bending over.
• Raise gardening surfaces and plan for seating if you use an assistive device or a wheelchair. Also, relocate your "work tools" closer to the gardening area, such as tool storage, work surfaces and watering source.

Consider the pathways when planning a garden where an assistive device or wheelchair will be used. Reducing inclines and making pathways wider will make the garden more user friendly. For more information on planning garden paths, visit www.suite101.com/article.cfm/enabling_garden/4798. For more specific tips to make your garden user friendly, visit www.gardenforever.com/ pages/Tips.htm.

Have you been counted?

If you have not mailed in a completed census form, you may soon have someone knocking on your door. Census takers are conducting visits to households from which the Bureau has not received a completed form. As you may know, there is a short and long version of the census form; the latter is of more importance to people with disabilities.

The long form asks questions specific to people with disabilities. If you received a long form in the mail, the Governor's Planning Council urges you to fill it out and mail it back soon. If you have not returned a census form and a census worker comes to your home, you can request the long form.

Federal and state governments use the data to determine the distribution of funds and to develop programs for people with disabilities. The information helps ensure that transportation services are accessible to all segments of the population, and that employment opportunities and job training programs serve people with disabilities. State and county agencies use information on people with disabilities to anticipate the number of eligible recipients under Medicare and Medicaid. Local governments want the information to plan services and develop needed programs for people with disabilities in their communities. The health care industry uses it to design the products that improve the quality of life for people with disabilities. For more information about the census, visit the official Web site at www.census.gov.

Highlights of Council activities in Evansville

Almost 175 people attended "Putting the Pieces Together," a daylong supported living seminar in Evansville on March 15. The featured speaker was Dohn Hoyle, president and CEO of the Washenaw Association of Community Advocacy in Michigan. In the evening, the Council hosted a public forum where advocates, parents and consumers stressed the need for more community living in Indiana to an audience of media and legislators.

At a luncheon hosted by the Council, Evansville media had the opportunity to learn about disability-related issues and how to address them in the news. Roberta Heiman (left), reporter for the Evansville Courier & Press, expressed her concern about how society presses the media to report on topics that some groups like the Council frown upon. As an example, she spoke of an article she wrote about a woman who returned to work after a disabling car accident. Heiman received many calls from people who were upset with her article, although she felt she was writing a feel-good story. The panel discussed that perhaps she could have focused on how the employer, which was obligated by law, made job accommodations for the woman. The Council strives for educational dialogue like this, hoping that with similar events, it can make a difference in how people with disabilities are portrayed in the media.

Media representatives who attended the March 14 luncheon were very interested in hearing about how disability-related issues are covered. News directors, assignment editors and general assignment reporters represented area television stations. Also present was a reporter from the local paper, a radio station news director and a journalism professor from a local university.

New work force system creates opportunities for people with disabilities

The Workforce Investment Act (WIA), a federal law being implemented by all states by July 1, 2000, has already taken roots in Indiana - one of the first states to get the green light to implement the new system. The law is designed to integrate existing programs into One-Stop Centers located in populated areas of each state. One-Stop Centers should expand the array and quality of services available to help all jobseekers, including people with disabilities, obtain and succeed in employment by bringing various resources together in one location.

Many agencies and programs are required partners under Title I of the WIA. Some examples include: Adult; Dislocated Worker; Youth; Employment Service; Adult Education; Postsecondary Vocational Education; Vocational Rehabilitation; and Welfare-to-Work.

"It's a seamless service delivery system," said Fred Nix, regional manager for Indiana's Vocational Rehabilitation. "Each agency and program is different: they have separate and distinct rules, funding and operating procedures. But the One-Stop Centers create a place for people with disabilities to gain access to all the programs at once. It's really about all of these programs, agencies and local businesses building relationships and working under one roof to ultimately benefit Hoosiers."

People with disabilities can get involved in the planning. At the local level, where One-Stop Centers are located, a Workforce Investment Board oversees the system. Although inclusion of people with disabilities on these boards is not required, the WIA legislation strongly urges this representation. For more information, visit www.usworkforce.org or the Indiana Department of Workforce Development's Web site at www.dwd.state.in.us, or call toll free at (888) 967-5663 (voice).

Workforce Investment Act resources

One-Stop CentersBy July 1, 2000, the Workforce Investment Act (WIA) will bring together federal job training and employment programs. The integrated system of services can be accessed in One-Stop Centers. For national information about One-Stop Centers, contact David Hoff at (617) 355-7486 (voice), (617) 355-6956 (TT) and (617) 355-7940 (fax).

Tools for inclusionThe Institute for Community Inclusion (ICI) in Boston has put together a free publication entitled, "Tools for Inclusion - People with Disabilities: Having a Voice in the Creation of the New Workforce Investment System." This publication is available by visiting ICI's Web site at www.childrenshospital.org/ici/newpubs or by calling Emily Barrett at (617) 355-6506 (voice).

A winning attitude

Six Indiana students were recently honored for their participation in the United Cerebral Palsy (UCP) Essay Contest, held in conjunction with Disability Awareness Month. The theme, "Attitude - The Last Barrier for People with Disabilities," encouraged students, grades 3-8, to explore the various attitudes toward people with disabilities. More than 300 students from across Indiana entered the contest.

First and second place winners were:

• Grades 3-4 1st: Achala Gopal, A.J. Warren School, Highland, Ind.2nd: Amber Jochim, Nancy Hank Elementary School, Dale, Ind.
• Grades 5-6 1st: Elizabeth Kelly, Pope John XXIII Elementary School, Madison, Ind.2nd: Lowren Lawson, Pope John XXIII Elementary School, Madison, Ind.
• Grades 7-8 1st: Kelsey Nash, Discovery Middle School, Granger, Ind.2nd: Eve Bessenbach, Our Lady of the Greenwood School, Greenwood, Ind.

Be a Partner in Policymaking vIf you are committed to advocating for people with disabilities, the Partners in Policymaking program is just for you. The Council is currently recruiting people with disabilities and their family members to participate in its intensive training program this fall.

The training is designed to educate participants to be active partners with policy-makers. Participants will be trained in general disability issues, legislative procedures and how to advocate for change in public policy and disability services.

Thirty-five Partners attend two-day training sessions eight times a year and are required to complete assignments between sessions. Partners are also expected to commit to one major disability-related project within their hometowns.

The Council seeks applications from people who are committed to the values of integration/ inclusion, and believe that all people with disabilities should be respected, contributing members of their communities.

For more information or an application, visit the Council's Web site at www.state.in.us/gpcpd. Or contact the Council office at (317) 232-7770 (voice), (317) 232-7771 (TT), (317) 233-3712 (fax) or gpcpd@gpcpd.org (e-mail).

Greyhound to adapt services for people with disabilities

As a result of a series of complaints filed by consumers, a settlement with the Department of Justice and Greyhound Lines, Inc. will improve the availability and quality of accessible bus service for people with disabilities.

Between April 1, 2000, and Oct. 1, 2001, Greyhound will be operating "Access Greyhound," which guarantees lift-equipped bus service to and from all of its destinations, except in excusable circumstances.

Excusable circumstances include a bus or lift suddenly breaks down; an unforeseen lack of trained personnel; an unusual high demand for services; or a high cost associated with providing the service in a particular situation.

After Oct. 1, 2001, the Department of Trans-portation regulations require that companies like Greyhound provide lift-equipped bus service with 48 hours' notice at all locations. When all the buses become lift-equipped, 48 hours' notice will not be required.

For more information on accessible bus services, call the Greyhound ADA Hotline at (800) 752-4841 (voice) or (800) 345-3109 (TT). Calls need to be made at least 48 hours before traveling.

Home sweet home

Every day people are signing on the dotted line on their way to owning their own home. And in June, the National Partners in Homeownership celebrates National Home Ownership Week. Locally, the Back Home in Indiana Alliance is helping five people with disabilities make their dream of owning a home a reality. Eve Minton is one of the five excited, new homeowners.

The Back Home in Indiana Alliance helped team Minton up with Habitat for Humanity of Greater Indianapolis and the Indianapolis Neighborhood Housing Partnership. Through Habitat, Minton has been taking classes that range from mortgages to general house maintenance to cooking and menu planning. The Alliance is made up of a network of housing organizations, advocacy groups and support service agencies working in eight counties. It provides opportunities for people with disabilities to own their own homes.

"The partnerships being formed in these communities are critical to the success of the program," said Deborah McCarty, director of the Alliance.

Minton started her work with Habitat on Jan. 10. Her home will be built Sept. 7-23, and she plans to move Nov. 8-11. She has put in sweat equity hours at the warehouse helping to build the walls for other homes around Indianapolis. She is excited to move into her new home.

"It's something I have wanted for some time. I watched my first house dedication and thought it was very neat," said Minton.

The Alliance receives help from the following statewide steering committee members:

• ATTIC (a resource center for independent living)
• Citizen Advocates
• Division of Aging & Rehabilitative Services/ Bureau of Developmental Disabilities
• Fifth Third Bank
• Indiana Association for Community Economic Development
• Indiana Governor's Council for People with Disabilities
• Indiana Housing Finance Authority
• Indiana University/Indiana Institute on Disability and Community
• Key Consumer Organization
• Near North Development Corporation
• Partners in Policymaking Academy
• Self-Advocates of Indiana
• U.S. Department of Housing and Urban Development

For more information, contact Deborah McCarty at (317) 274-6865 (voice) or dlmccart@indiana.edu (e-mail).

Of Note

You should be in pictures
The Governor's Planning Council is looking for photos and video footage from March Awareness Month 2000. If you participated in an event in your community, send us a copy of a photo or video to use in marketing future Awareness Month campaigns. Mail your samples to: Jamy Schuler, Borshoff Johnson & Co., 47 S. Pennsylvania St., Ste. 500, Indianapolis, IN 46204. Please note on the package if you would like the samples returned.

Seeking Media Award nominations
The Council is sponsoring the third annual Award for Excellence in Reporting on Disability Issues. The award recognizes a news organization and/or reporter for stories relating to people with disabilities or disability issues that result in change. The story must have run/aired between April 1, 1999, and March 31, 2000. Submit your entry with article/program title, date, reporter/news organization, and reason for the nomination. Also, include your name and contact information. Mail entries by July 31, 2000, to Jamy Schuler, Borshoff Johnson & Co., 47 S. Pennsylvania Street, Ste. 500, Indianapolis, IN 46204; or fax (317) 631-6499. Call (317) 631-6400 (voice) with questions.

Nominations being accepted
The Governor's Planning Council for People with Disabilities is accepting nominations for the 2000 Profit From Our Ability Awards. These awards recognize Indiana's outstanding employers of people with disabilities. Nominate employers who demonstrate leadership in their efforts to include people with disabilities in the workplace. Winners will receive their awards during the Council's annual conference scheduled for Dec. 12 and 13 at the Westin in downtown Indianapolis. The nomination deadline is Aug. 31. For more information or a nomination form, visit the Council's Web site at www.state.in.us/gpcpd. Or contact the Council office at (317) 232-7770 (voice), (317) 232-7771 (TT), (317) 233-3712 (fax) or gpcpd@gpcpd.org (e-mail).