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• Vol. 7 No. 1 WINTER 2001
• Vol. 7 No. 2 SPRING 2001
• Vol. 7 No. 3 SUMMER 2001 Now the newsletter is provided in Adobe "pdf" format
• Vol. 7 No. 4 WINTER 2002  Adobe "pdf" format

MEMPHIS CENTER For INDEPENDENT LIVING MCIL is a community based non-profit organization whose primary mission is to facilitate the full integration of persons with disabilities into all aspects of civic life.

Inside this issue:

Freedom Day ADAPT Action Makes Access At Blockbuster A Top Priority

Accessible Apartment Survey

MCIL sues local apartments for greater access

Enforcing the ADA

No Trip Denials

The MATA Complaint Procedure

ADAPT of Tennessee remembered Freedom Day in Memphis with some non-violent civil disobedience emphasizing the point that access is a civil right. On Dr. Martin Luther King’s birthday, twelve ADAPT members, determined to see equal access at a local BLOCKBUSTER VIDEO (1556 Union), blocked the door to until executives agreed to design a reasonable ramp. "You just can’t get in," said Suzanne Colsey who filed a complaint in federal court the week before. Although there is a ramp, it is in front of the parking spaces and blocked by cars.

"Blockbuster is closed today," read the sign held over the front doors. The Blockbuster executive office was informed of the demands, but they were unwilling to provide access to their customers.

Memphis Police responded with ten officers, but with the doors blocked from inside and out, negotiations resumed. This time, Blockbuster Vice President Tom Barzizza, agreed to personally bring a written commitment to the ADAPT demonstrators.

Chris and Suzanne Colsey directed some changes to the letter, most notably, to add a time for the changes to take effect. With the changes, ADAPT declared the video store "open for business - temporarily."

Blockbuster executives had tried every excuse they could think of when customers had attempted to help or complained about the ramp. It was the action of Tennessee ADAPT made access at the Union Store "a top priority."

Now there is an unblocked ramp to get into the Union Blockbuster. ADAPT advocates point out that there are still many businesses that don’t provide basic required access and like Blockbuster, they can expect a visit from ADAPT.

Ten years ago MCIL found that building codes intended to make apartments more accessible were not being followed. This year MCIL released a study that details shortcomings in newly constructed apartments. The MCIL Rental Housing Accessibility Survey found more than 1,700 barriers in 26 apartment complexes that are required to comply with the 1988 Fair Housing Amendments Act (FHAA).

Next month will mark 10 years since the FHAA took effect. All ground-floor apartments and all apartment facilities must be accessible and useable by persons with disabilities. For example, an apartment building with 12 separate units on three floors must make the four apartments on the bottom accessible. Furthermore, there cannot be steps to facilities like the swimming pool, office or laundry.

The FHAA requires apartments to be designed, constructed and maintained to eliminate physical barriers including physical barriers to Americans with sensory impairments. Stairways, for example, must have "cane detection" so a person using a white cane will be warned of stairs in the path of travel that may be unnoticed by the cane at ankle height, but not at forehead height.

If your apartment is more than 10 years old, your landlord must still make reasonable accommodations, but you may have to pay for accessibility improvements. If you live in a subsidized unit or public housing, your landlord must make reasonable accommodations to your apartment to make it accessible and usable to you. If your apartment is less than 10 years old, all ground-floor units should be accessible and all site amenities must be accessible.

You can get more information about housing discrimination or file a complaint if you have faced discrimination from the Memphis Fair Housing Center 452-HOME. To make a federal housing discrimination complaint with the Department of Housing and Urban Development call 1 (800) 669-9777.

(MEMPHIS, January 26) The Memphis Center for Independent Living has filed a complaint in federal court today contending that local apartments do not provide necessary access to persons with disabilities. The action challenges the design and construction of three Champion Hill properties and the Wyndham Apartments stating that the physical barriers at the locations are discrimination under the 1988 Fair Housing Amendments Act.

Because the 1990 Americans with Disabilities Act is civil rights law, there is no ADA police or ADA code enforcers to win your civil rights for you. You must act to guarantee equality for all Americans. Equal access begins with you.

Although your action is essential to enforcing the ADA, you are not alone. The Memphis Center for Independent Living has developed some tools to help you make our community accessible.

TOOL: Join the Barrier Free Memphis Society. This is a group of local people who are working to make Memphis "barrier free" in transportation, housing, employment, public accommodations and government services.

TOOL: Join ADAPT. The message of ADAPT is pride and dignity. The main focus of ADAPT nationally is ending the bias long-term care system that favors institutions over people. Locally, the group works to ensure that people with disabilities are not treated as second-class.

TOOL: File a complaint with the United States Department of Justice. Developed by MCIL, the Title III form gets your complaint about a public accommodation to the federal government.

TOOL: ADAPT’s "Pro Se Complaint" YOU take them to court!

TOOL: File a Memphis ADA Complaint form when the City fails at access.

Last month a United States District Court issued a decision about "next day paratransit service" upholding the Department of Transportation's (DOT) regulation that bus systems "shall schedule and provide paratransit service to any ADA paratransit eligible person at any requested time on a particular day in response to a request for service made the previous day." That means persons with disabilities are entitled to paratransit rides the next day 100% of the time. There can be no trip denials.

The Court stated that the DOT expected public transportation agencies "to attempt to provide properly requested rides to all ADA-eligible riders, i.e., without exception. In fact, DOT explicitly rejected incorporating a 98 percent performance standard."

The Court rejected the transportation authority's defense, stating "the focus is not on the percentage of paratransit rides that is provided to the disabled, but rather, the number of rides that the transportation authority fails to provide to these patrons and the reasons for that failure.

Some phone numbers you can use:

• MATA Complaints 522-9175
• James Anglin 722-7144
• FTA Toll free 1-888-446-4511

The next Barrier Free meeting is March 5th 3:00 p.m. at MCIL

This procedure is directly from the Rider’s Guide. Remember, if you don’t use the complaint procedure, MATA will continue to make the same mistakes. You can help them improve - keep a journal, record trip times, and call 522-9175 every time MATA makes an error.

In order to register all complaints the customer must contact the INFORMATION CENTER SUPERVISOR at 522-9175. If the supervisor or other information staff is not available the call will go to VoiceMail. Please leave a message stating your name, phone number and the nature of your call, someone WILL CALL YOU BACK promptly.

When calling, please be specific about the complaint. Give dates, time bus number, location and description of driver along with detailed information from our customers regarding the incident. Example: Late pick-up, rudeness, wheelchair tie-down problem, etc.

COMPLAINTS RECEIVED by the Information Center Supervisor WILL BE logged and a numbered. They will be processed and forwarded to the appropriate authorities for investigation. The investigation should be completed within five (5) working days and returned to the Information Center Supervisor, and the customer will be contacted and advised of the findings of the complaint.

If the investigation cannot be completed within five (5) working days the customer WILL BE NOTIFIED of the delay and advised when to expect a follow-up call to address their concern.

For specific paratransit customer support services, you may call:
BEVERLY IRVING at 722-7131

MEMPHIS CENTER For INDEPENDENT LIVING MCIL is a community based non-profit organization whose primary mission is to facilitate the full integration of persons with disabilities into all aspects of civic life.

Inside this issue:

Deborah Cunningham wins NCIL Advocacy Award

ADAPT - Working for Medicaid Reform

Action Day One: HHS and AHCA feel the power of ADAPT

Action Day Two: Bush will sign an Executive Order to Implement Olmstead within 30 days

Action Day Three: ADAPT smashes tow more barriers to reform

UNDERGROUND RAILROAD 2001

ADAPT Activist Settles Pro Se Complaint with 54 Restaurants - $25,000

Alabama v. Garrett

There's Nothing Wrong With Having a Disability - By Kevin Lofton

MATA changes the process for newly qualified riders

Zinnie's must watch its step

Accessibility is good business

Memphis Fair Housing Conference Looks to Build a Community for All 

Deborah Cunningham wins NCIL Advocacy Award Because Deborah Cunningham has been instrumental in the advocacy efforts Nationally and in the Memphis Area the National Council on Independent Living (NCIL) has honored her with the Region IV Advocacy Award for: Educating and organizing others around disability issues, Addressing disability issues at the community, regional or national level, Supporting individuals in realizing their personal goals and dreams of independence and Serving as a role model and mentor to others. Deborah has used her experience to develop a well-rounded approach of action mixed with assistance and know-how. Congratulations to Deborah Cunningham the Executive Director of MCIL. Return to the index   ADAPT - Working for Medicaid Reform Ten members of Memphis ADAPT joined 500 advocates from around the U.S. to pave the way for the introduction of MiCASSA and hold the new Administration to its promises. Justin Dart, the father of the 1990 Americans with Disabilities Act, reminded ADAPT that we continue the work of Abraham Lincoln and Martin Luther King. ADAPT's spring action, May 12 - 17 in Washington DC was aimed at changing the long-term care system in America. MiCASSA is national legislation to reform Medicaid and give people choices to live in the community rather than an institution. Currently, Tennessee spends 95% of public funds for long-term care on institutions, the least desirable and most expensive form of long-term care. During the national action, ADAPT had success in talks with the Bush Administration, the Senate, the Nursing Home Lobby and the Departments of Health and Human Services (HHS) and Housing and Urban Development (HUD). ADAPT is a grassroots organization that is working to make the long-term care system in America responsible to persons with disabilities that need attendant services and supports. ADAPT often uses non-violent civil disobedience and tactics of non-violent direct action to advance these issues. HHS and AHCA feel the power of ADAPT ADAPT began their Spring action winning support to reform the failing Medicaid system from the principal government agency that oversees Medicaid and the foremost opposition to community options. HHS and AHCA both gave their written assurance to meet with ADAPT concerning the barriers that prevent people in nursing homes and other institutions from living in the community. Twenty representatives of ADAPT from around the country lead the march in the morning of May 14th. They met with Ed Sontag, the Chief of Staff to Secretary Tommy Thompson of the Department of Health and Human Services who was out of the country. Five hundred ADAPT advocates followed an hour later to hear the results of the meeting. At 11:00, however, no conclusion had been reached and the advocates outside the HHS office began to chant in support of the ADAPT representatives inside. The hold-up was that Mr. Sontag would not sign a letter guaranteeing a meeting between ADAPT and Secretary Thompson.  "As soon as we got to the part about the letter," said Steve Varriden of ADAPT, "Sontag put his head down and would not look me in the eye." Sontag made the ADAPT representatives wait while he prepared the short letter. During the delay, the ADAPT contingent opened patio doors to the upper-level meeting room and could hear the powerful support from below. At the street level, the waiting 500 ADAPT advocates had blocked all the street-level entrances to the giant HHS office building.  Secretary Thompson will meet with ADAPT within 60 days. This accomplishment was made more significant with the assurance of President Bush to sign an Executive Order to implement the Supreme Court's Olmstead decision. HHS will be the principal governmental agency to oversee and enforce the order, and ADAPT is guaranteed a place at the table. Imminently following the successful action at HHS, ADAPT marched across the Mall to the offices of AHCA and surrounded the building, blocking the entrances. AHCA is the national lobby for the Nursing Home industry. AHCA officials refused to meet with Shona Eakin and Linda Anthony, suggesting instead that only Shona represent all of ADAPT. At twenty minutes after three, both Shona and Linda went in to meet with Alan DeFend of AHCA. Negotiations stalled and DeFend threatened to call the cops and have Linda and Shona removed. Shona invited DeFend to call the police, however, and passed the phone number of the Metro Police Department to him. Again the powerful demonstration outside supported the negotiations inside. DeFend wrote an agreement with Shona and Linda promising a face to face meeting between ADAPT and Dr. Chip Roadman, the President and CEO of AHCA. Bush will sign an Executive Order to Implement Olmstead within 30 days On the second day of action, ADAPT got a firm assurance from the Bush Administration that the President will sign an Executive Order to implement the U.S. Supreme Court decision Olmstead v. L. C., 119 S.Ct. 2176 (1999) within 30 days. Referred to as the "integration mandate" of the 1990 Americans with Disabilities Act (ADA), Olmstead requires that services be provided "in the most integrated setting." The vital affirmation in Olmstead is that the ADA prohibits states from unnecessarily institutionalizing persons with disabilities. During Bush's tenure as governor, Texas, as did Tennessee, was one of the seven states that took a "States Rights" position over the civil rights of persons with disabilities. Advocates are skeptical of the Bush Administration's real commitment to see Olmstead executed. Yet, with the full force of ADAPT at the gates of the White House, the new Administration promised that the President would sign the Executive Order within thirty days. Diane Schacht, the Special Assistant to the President for Justice Policy came out of the West Wing to deliver the pledge to the assembled ADAPT advocates in front of the White House. Shortly after arriving at 1600 Pennsylvania Avenue, fifteen members of ADAPT were ushered in to meet with the Domestic Policy Council, John Bridgeland. The bulk of the ADAPT membership remained spread out across the front of the White House poised to strike. "The meeting was cordial and open," said Barbara Toomer, from Utah, "their goal is thirty days, but they kept on insisting they could do it sooner." Marva Ways from Detroit felt that the meeting was productive. "Because they are willing to contact [Tommy] Thompson and work with HHS, I think ADAPT has built a strong foundation," she said. "My concern is about timing," said Mike Oxford of Kansas. "Because they are still building Nursing Homes and [institutions], the longer we wait, the more beds will be filled." ADAPT smashes two more barriers to reform On the final day of the spring action, ADAPT pressed on to the goal of REAL CHOICE in long-term care and Medicaid reform by striking up dialogues with the Secretary of Housing and Urban Development (HUD) and the U.S. Senate.  Before noon ADAPT marched to the HUD office building where they encountered police barricades manned and ready to keep back the ADAPT advocates. ADAPT surrounded the building and began chanting at the police line. The law enforcement officers however used their numbers to attempt to assist staff and visitors to continue to push through the demonstration and into the HUD office depleting their supervision of the barrier. ADAPT pushed in the unmanned portions of the fortification and broke through in several places. "As soon as they left," said Mike Goupil the first advocate to the door, "we started pushing the barricade in."  The police could not stop the waves of advocates then pressing on through to the doors. A leadership team and several advocates inside the office building worked to assure negotiations while 500 ADAPT members shut down the building. The leadership met with Dan Murphy of the Secretary's staff and demanded to meet with Secretary Martinez in the next two months.  "Dan Murphy was not going to write a letter of support," said Luanne Kibbie from Kansas, "until ADAPT gave up the doors - ADAPT was not giving up the doors." After consulting with the police Dan Murphy wrote a letter committing the Secretary to meet with ADAPT within 60 days. Mr. Murphy himself came out to announce over a bullhorn to the assembled membership of ADAPT the promise. The work of ADAPT, however did not end with that victory. ADAPT then began the task of enlisting the support from each legislator for MiCASSA. Senator Harkin has committed to introducing the legislation in three weeks. From all across the nation, ADAPT advocates used their time in the capitol to get direct contact with Senators and staff.  ADAPT's next national action is Oct. 20-25 in San Francisco. Return to the index Underground Railroad 2001 People with disabilities leave the state of Tennessee to avoid nursing home incarceration Willie Robinson has lived in Tennessee all his life. This month, however, he left our state because the unfair Medicaid policy will only provide him with services in the least desirable and most expensive place - an institution.  Willie Robinson is moving from a Tennessee nursing home to his own apartment in Denver Colorado. Mr. Robinson is not only capable of living independently; he will be starting over in Denver Colorado where he already has his own place with attendant services. Willie is optimistic about job opportunities in Denver that are non-existent for Tennessee nursing-home residents. "Because Tennessee has no attendant services, I have lost my job, my home, and my car," said Willie Robinson to Tennessee Senator Bill Frist at the Memphis Center for Independent Living. "I live in a nursing home now and I have no choice about what time I get up in the morning, what I have for meals and what time I go to bed at night."  The small programs that Tennessee has adopted to expand home and community-based services in our state may be effective in preventing or delaying some individuals entry into a nursing home, however; Tennessee remains 50th in the nation at providing options to institutions. Every other U.S. state offers more cost-saving home and community-based services to provide citizens choices other than an institution. Missouri, for example, with a larger total population than Tennessee, spends nearly $100 million less of state money on nursing facilities and over $200 million less in federal funds [Medicaid Financial Management Report FY 2000]. Tennessee is the most chronic example of the need for national Medicaid reform. Ninety five percent of the public funding for long-term care is funneled into the nursing home industry. The for-profit nursing home industry gets more than half of its revenues from Medicaid, yet they are the fourth-largest lobby generously giving money to state lawmakers [Tennessee Registry of Election Finance]. The nursing home lobby has been involved in the guidance of the new programs for home and community based living and made sure that they did not cut into the nursing home industry's profits. Willie has been working to change the system in Tennessee. Senators Harkin (D-Iowa) and Specter (R-Pennsylvania) will introduce bipartisan legislation in the next two weeks to reform Medicaid and give people with disabilities choices in long-term care. Willie will see the MEDICAID COMMUNITY ATTENDANT SERVICES and SUPPORTS ACT (MiCASSA) become law from his own home - his new home in Colorado. Return to the index ADAPT Activist Settles Pro Se Complaint with 54 Restaurants - $25,000 Jason Perkins, without an attorney, took Wendy's to court for being inaccessible to him in 1999. This month the United States Department of Justice announced a settlement with Valenti Mid-South Management, LLC, the owner of 54 Wendy's restaurants in western Tennessee, northern Mississippi, eastern Arkansas, and southeastern Missouri started by Mr. Perkins' pro se Complaint. The United States Attorney's Office intervened in the case working with the Civil Rights Division of the Department of Justice and the Donati Law Firm to reach the settlement. The Consent Decree requires a $25,000 payment to Mr. Perkins in thirty days and delineates over 650 changes to individual stores including accessible entrances, signage, and restrooms.  "I thought the large chain-restaurants definitely would comply with the 1990 Americans with Disabilities Act," said Jason Perkins. "I don't want anyone else to think that a store is accessible just because it is a nationally recognized franchise." Mr. Perkins filed a pro se complaint in December of 1999 alleging discrimination under the 1990 Americans with Disabilities Act (ADA). The ADA prohibits businesses from denying people with disabilities equal access to goods and services. "The management of Valenti Mid-South Management LLC (Wendy's), has worked cooperatively with government attorneys throughout the negotiations," said Larry Laurenzi, the United States Attorney for the Western District of Tennessee, "and [they have] actually began work on some modifications before reaching a full agreement…" Return to the index THERE'S NOTHING WRONG WITH HAVING A DISABILITY: Educating On The Fly In The T-Ball Stands by Kevin Lofton Clint, my five-year-old son, played in a T-ball league this past summer. As I sit at my desk and write this article, I think back to those hot summer evenings. I can still hear the sounds of parents encouraging their children as they ran out on the field trying to learn the basic fundamentals of America's favorite pastime. I hear my wife saying, "Clint caught the ball" or "Clint's taking his turn at bat," or "Clint just struck out." That was pretty much the norm for a weekday afternoon at T-ball practice. I remember on one of those typical days at T-ball practice one of Clint's teammates struck up a conversation with me that really made me stop and think. This little girl came and sat beside me on the wooden bleachers. I didn't realize she was there at first, but then she spoke up and said, "Excuse me, sir, but why do you carry that stick everywhere you go?" I explained to the child that I was blind and used the white cane to tell what was around me and keep me from bumping into things and hurting myself. Then she asked, "What happened to your eyes -- why don't they work?" I explained that something happened to my eyes when I was born and the doctor couldn't fix them. That satisfied her for a little while but then she asked, "Are you sick? What's wrong with you?" I remember thinking, "Good grief! Why doesn't she go away and bug somebody else?" After taking a deep breath, I realized I had a chance to do some good educating and advocacy with this inquisitive little girl. I told her that I felt fine. I also told her that just because someone is blind or walks with a crutch or uses a wheelchair doesn't mean they are sick. I further explained that it would be a pretty dull world if everyone were the same so God decided to make everyone different. I told her she shouldn't ever be afraid or ashamed to talk or play with someone with a disability. I said, "I'm just like everybody else, except I just can't see." I think that is the attitude we should always convey. There's nothing wrong with having a disability. I don't want to imply that being blind or having any other disability is a picnic. We all know that it's not. I think we need to change the societal attitude that creates such an antiseptic atmosphere around people with disabilities. I guess my final thought would be that if you have a chance to educate someone, whether it be an adult or a child, take it! I would like to think that little girl I talked with at the baseball field will carry the memory of our conversation throughout her childhood years and maybe into adulthood. I hope that maybe, if she has the chance, she will pass on the same education I gave to her. Printed in The Braille Forum Volume XXXIX April 2001 No. 10 ©2001 Kevin Lofton Return to the index Alabama v. Garrett Legislation is powerless to eradicate racial instincts or to abolish distinctions based upon physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation. - Plessey v. Ferguson (1896) JUSTICE BROWN Under rational-basis review, where a group possesses "distinguishing characteristics relevant to interests the State has the authority to implement," a State's decision to act on the basis of those differences does not give rise to a constitutional violation. Alabama v. Garrett (2001) CHIEF JUSTICE REHNQUIST The U.S. Supreme Court has ruled earlier this year that individuals cannot sue a U.S. State for Damages in employment cases under Title I of the ADA. People may sue for injunctive relief. Olmstead and other Title II issues are still the law of the land and the decision does not have an effect on private employers. Alabama v. Garrett is a significant Supreme Court decision that effects persons with disabilities. For more information on the decision, call MCIL and ask for the Garrett package. Read the entire decision at: www.supremecourtus.gov/opinions/opinions.html.  Return to the index MATA changes the process for newly qualified riders Advocates have forced MATA to change their discriminatory policy of denying service to new riders. MATA had a policy that only allowed newly qualified riders to get their MATA ID cards on Tuesdays and Thursdays and then only at the whim of MATA schedulers. James Anglin, the newly appointed Deputy Director of Operations, told a customer eligible for next-day service that she "might get a ride next week." The Federal Transit Administration observations of MATAplus showed that only half of the persons receiving qualification to use the system ever actually got an ID card. MATA administration denied eligible people with disabilities service as a disincentive to use MATAplus. "After reviewing our policy, it was decided that the policy would change," writes William Hudson the President and General Manager of MATA, "to reflect next day service after negotiating the time of request [letter Feb. 9]." Make sure to use the MATA Complaint procedure. Call 522-9175 with all suggestions and complaints. Return to the index Zinnie's must watch its step This past March, Memphis ADAPT had dinner on the sidewalk in front of Zinnie's Old Place 1688 Madison to make the point that accessibility is good business. ADAPT members had pizza and soft-drinks at folding tables with candles. ADAPT will not patronize inaccessible businesses. Generally ADAPT is known for blocking the entrances and shutting down businesses that fail to provide necessary access under the 1990 Americans with Disabilities Act. In the instance of Zinnie's, the barrier is seemingly simple and inexpensive to remove, advocates sent the message that access is the smart choice. "Judging by the previous three cases ADAPT has brought against restaurants," said Tim Wheat who has built more than 30 wheelchair access ramps in Memphis, "Zinnie's can expect to pay attorneys about five times what it will cost to ramp that single step and eventually they will pay damages and penalties that may triple the attorney's fees." Accessibility is good business Since the 1990 Americans with Disabilities Act, more people with disabilities are able to participate in community activities. Businesses can draw on more customers from the neighborhood or just around the corner. The following list gives some reasons why accessibility is good for your business. Access issues limit business from persons with disabilities, their family and friends. An accessible business can expect the increased business from the expanding influence from persons with disabilities, while the inaccessible business will have no market feedback. People will often simply ignore the goods and services that are not accessible to them; inaccessible proprietors do not get reaction, criticism and advice from people with disabilities to help them improve business. For existing businesses the ADA only requires what is "readily achievable," to allow a business to phase-in accessibility modifications. There is also a tax deduction and a tax credit for compliance costs that can be managed over several years. Not phasing-in accessibility is phasing-in business failure. Return to the index Memphis Fair Housing Conference Looks To Build A Community For All "We are the police of fair housing," said Gregory Bernard King the Hub Director of the Civil Rights Office for the Department of Housing and Urban Development (HUD) Southeast region. "The best of all possible worlds would be voluntary compliance," Mr. King said, "the only option we have to poor personal choices however is enforcement."  Mr. King was the luncheon speaker at the Memphis Fair Housing Conference hosted by the Fair Housing Alliance of Greater Memphis (FHAGM). Local experts joined state authorities to alert attendees to the current trends in fair lending and fair housing. Thursday, the evening before the Memphis Fair Housing Conference, a reception was held at the National Civil Rights Museum. The reception was to welcome and greet Mr. Gregory King and to recognize April as Fair Housing month. Return to the index

The Memphis Center for Independent Living
1633 Madison Avenue, Memphis, TN 38104
(901) 726-6404 v/tty (901) 726-6521 fax
mcil@mcil.org 

MCIL is a United Way of the Mid-South member Agency

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