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The Memphis Center for
Independent Living Journal

Index
of the MCIL Journal 1998


2/23/98 8:25 am
Where are the required Curb Ramps?

Is Memphis planning for the future? Is our city designing improvements to attract major sporting events, milestone celebrations and premier conventions? The answer is NO. What does Memphis have planned for the future accessibility of the bluff city. The answer is sadly, nothing.

That's right NOTHING. Our city officials have no plans to make this city accessible, and therefore more attractive to business, industry and entertainment.

In looking closer at these issues MCIL found that the City of Memphis has negligently failed to produce a Transition Plan as required by the Americans with Disabilities Act [29 CFR 35.150(d)]. The purpose of a transition plan is to identify areas of need, coordinate efforts to comply with the federal law and set priorities for scheduled improvements. The cities delinquency has already been expensive. Rather than spreading the cost of compliance over 15 years, Memphis now has only 7 years to make the city fully accessible. Further, without coordination the city is "piecemeal" spending ADA compliance funds without concern to the priorities of the Federal Law. This is also very inefficient. For example, the North End Terminal, that opened last month, will be accessible. But do not cross the street. Although there are curb ramps surrounding the new facility, there are not cuts around the block. Most critically, people do not see a commitment by the City of Memphis or a "good faith" effort to uphold the law which outlines civil rights and protects people with disabilities from discrimination. When will the promises of the ADA trickle down to the typical citizen?

Memphis
has no answer

Memphis has never filed a "transition plan" as the ADA requires.
What does that mean?

If you know of other places that the city has done work (including repaving the street) and not provided access -
give us a call.

Want a curb ramp? Call John Covey at: 576-6907

Barrier Free Memphis Update

Paratransit News: MATA has adopted and Action Plan based on the recommendation of a consultant that has been studying the Memphis paratransit system since January. The thrust of the action plan is to increase the on-time performance, safety, customer service and reliability of MATAplus.

A lot of money is being spent by MATA in extra driver training, equipment, and software. The consultant to MATA believes that we will see an improvement in service by April.

Your input is very valuable to help improve MATAplus. When you have a complaint, call 722-7190 and request a response in writing. Bring issues to the Specialized Transportation Action Committee (STAC), which meets on the third Wednesday of each month. Call STAC Chairperson, Chris Colsey at 272-1969 to see how the committee can help people with disabilities with transportation. And take your ADA concerns to Willie Lewis, the MATAplus manager: 722-7196.

Curb Cut News: The ADA Title II requires that walkways and sidewalks be accessible by Jan. 26, 2005. Memphis still has about 6 years. What is troubling is that Memphis has no plan to actually respect this timetable. It is clear that city officials, likewise, have no intention to meet the deadline.

City engineers and planners can be insensitive to the civil rights of Memphians because there is no strong public outcry for "curb ramps." Without complaints from citizens, the city feels that access is actually a low priority for improvement. You don't have to complain, but do call and tell the city officials where you need a curb cut.

If you would like a curb ramp near your home call John Covey at 576-6907.

MCIL - The ADA police

"Hey, that's a violation of the ADA!" You scream, but no police rush to your rescue. There are still major violations of the ADA and our civil rights in Memphis, but no police force to come to our assistance.

This is a very frustrating aspect of the ADA. Because it is CIVIL RIGHTS legislation and not STATUARY law, we are responsible for enforcement through the courts and the Department of Justice. The DOJ has been so impotent in its responsibility, we have to boost our efforts.

The Memphis Center for Independent Living is volunteering to be the ADA POLICE. When you see a violation of the ADA, call MCIL. We have copies of the Technical Assistance Manuals to show how to comply to the law. We have previous examples from around the country of how people are working for compliance. We have letters you can write (or MCIL can write if you don't want to expose your name) that have some teeth. And finally, we have the ADA enforcement kits from ADAPT, so you can get your day in court!

When you see a violation of the ADA, call the cops....
MCIL 726-6404

SNOWBALL

Snowball is the name Frances Utilla choose for her beautiful new white kitten. On Feb. 19, friends got together at Frances' apartment to hold a "baby shower" for Snowball.

There are two truly ironic things about this shower. The first is that Snowball is a kitten with a disability. Independent Living staff were tested in how they could help the kitten adjust to its new home. Because the new cat is deaf, "don't sneak up behind her," was said more than necessary.

Deborah Cunningham, the executive director of MCIL (new cats independence wing), is a cat owner herself and had many useful suggestions. Julene Chumbley, an intern at the Center, was charged with providing useful day to day care information. Julene is working on issues concerning dog guides and service animals and is very knowledgeable of animal care.

The other bit of irony is Frances herself. About a year ago, moving Frances' belongings out of St. Peter's Villa Nursing Home, people questioned if Frances could live on her own. It is clear that every

segment of our social and healthcare system is completely slanted toward institutional life over the choice to live independently.

In Frances' case there was only one voice that called for independence. Unfortunately, that voice is not given much authority in our system. Frances' own desires and wishes were commonly ignored.

Now, Frances is working to combat that bias we have to nursing homes. Institutions are designed to ignore the needs and desires of individuals. They are not "non-profits" but a $53 billion industry preying on us. - You cannot have a cat in a nursing home.

GOALS - A Progress Report

The micro-lending group GOALS has elected new officers and is working to develop individuals business ideas. Kevin Lofton of MCIL is the enterprise agent for the group that meets at the Center.

The group assists someone starting a business by providing the key elements to success: planning, support and money. The business loans start out small and grow as the group members complete various aspects necessary to the growth and success of the business.

Barbara Atkinson has developed her business Barbara Atkinson OMO (for On My Own) through the GOALS group. "The group is helpful in a lot of ways," said Barbara, "it is good to have people concerned with the same things."

For more information on the GOALS group and peer lending call Kevin Lofton at 726- 6404.

Ms. Russell goes to Washington

Dawn Russell of ADAPT visits with Andrew Cuomo, the secretary of Housing and Urban Development.

Before her meeting with Cuomo, Dawn went to see Rep. Harold Ford Jr. Even though she did not have an appointment, Representative Ford made time to talk with her. Dawn showed Rep. Ford a picture of LaTonya, who lived in Kings Daughters and Sons nursing home. LaTonya now lives and works in Denver Colorado.

Background: HUD guarantees loans to nursing homes but does not give similar assistance to help people live and work in the community. This example of institutional bias helps the "good ol' boys" make megabucks off people with disabilities while limiting the free market and denying choice for Americans. HUD does not even enforce the 504 regulations that would mean 5% of projects that receive federal money would be accessible.

Because Tennessee does not have any attendant care services, people with disabilities must leave the state for job opportunities and to live in their own homes. "LaTonya would have been a vote for you." Dawn told Representative Ford. He then joined more than thirty other members of the House of Representatives to sign on in support of HR 2020. Dawn also convinced Rep. Wicker to attend the hearings on HR 2020 set for March 12.

The Meeting with Andrew Cuomo, Secretary of Housing and Urban Development (HUD).

Andrew Cuomo and the top executives of HUD all gathered to talk with ADAPT. Dawn reported that Mr. Cuomo promised to respond to ADAPT's demands by April 15, and to have an "Action Plan" to implement the changes within six months. The demands were: As the meeting broke up, Stephanie Thomas of ADAPT read a HUD response to a person claiming to be discriminated against. HUD closed the case, not because its validity, but because they said she had not applied for housing.

ADAPT!
We will ride that Dirty Dog.

The Scalamobil is a flop!

Over-the-road buses are an affordable transportation link between cities throughout the U.S. However, Greyhound Bus Lines continues to resist putting lifts on their buses. Lifts would make over-the-road buses a reasonable form of transportation for many Americans with disabilities living in rural areas.

Dawn Russell served the Terminal Manager here in Memphis with a Summons for a Federal District Court Complaint alleging that Greyhound violated civil rights under the ADA. The manager then proudly introduced a Scalamobil. He was sure that this gizmo would solve all the problems for people with disabilities. It was a handcart or dolly with a vinyl seat and a powered set of stair climbing wheels.

Dawn transferred on board the Scalamobil and rode the thing, with the manager pulling, to the top of the steps. It is supposed to work much like an isle-chair used by the airlines. Four amazed Greyhound drivers (although according to Greyhound they are fully trained) looking on. One of the fully trained drivers commented: "Do you think it will work?"

At the top of the bus steps everyone learned that the answer to that question is NO. The Scalamobil will not fit down the isle of the bus. The Scalamobil could only make the driver's seat accessible to Dawn (and we know the enormous threat to public health and safety that would be).

The Scalamobil is a failure! It is obviously a poorly thought of scheme to further delay adding necessary lifts to Greyhound buses. The Office of Technical Assessment found that lifts would only add 1% to the operating cost of a bus. Syndy Sharp noticed that Greyhound is working harder to keep lifts off the buses than it would be to put the lifts on.

Give us a lift Greyhound!

MiCASA

Hearings for MiCASA are scheduled for March 12 in Washington DC. Please let your congressional representative know how you feel about people with disabilities being ignored for the profit of the nursing home industry! Tell them:

Write to:


Handicapped, Me?

by Mary Beth Esgro

Handicapped me
What can I do to make you see
I have everything you have - eyes, ears, nose, mouth
two arms in the north, two legs in the south
of by body.
I have feet just like you
I do everything you do.
Even walk with crutches and braces, of course
I have a voice that is just fine, even though I get
hoarse
when I'm trying to explain to people like you
that what I say is positively true.
I can do everything just like you, I say.
The only difference is I do it my own unique way.

[reprinted from the PALs newsletter: Wheelin' Dealin' vol. 1 no. 1 Jan. 1998]


ADA Q & A

Q: When must structural changes be made by state and local governments to attain program accessibility?

A: Structural changes needed for program accessibility must be made as expeditiously as possible, but no later than January 26, 1995. This three-year time period is not a grace period; all alterations must be accomplished as expeditiously as possible. A public entity that employs 50 or more persons must have developed a transition plan by July 26, 1992, setting forth the steps necessary to complete such changes.

Q: How will the ADA make telecommunications accessible?

A: The ADA requires the establishment of telephone relay services for individuals who use telecommunications devices for deaf persons (TDD's) or similar devices.

Call MCIL 726-6404 Today to be a part of making Memphis accessible.

Tim Wheat
Memphis Center for Independent Living


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