Showing posts with label Justice. Show all posts
Showing posts with label Justice. Show all posts

Wednesday, August 03, 2011

Justice and Developmental Disabilities Project

AADD is excited to announce a new partnership with the Division of Developmental Disabilities to administer a Justice and Developmental Disabilities Project.

All About Developmental Disabilities (AADD) has a 54-year history as one of Atlanta's premier nonprofit organizations in service and advocacy to people with developmental disabilities.  Our mission is to build communities of support, acceptance, and opportunity for children, adults, and families living with developmental disabilities. As we work to encourage and support this community, we have become aware of the need to address this gap between the perceptions and needs of professionals involved in the justice system and those of individuals affected by developmental disabilities.

A great deal of work still needs to be done with the various stakeholders across multiple systems to address the needs of people with developmental disabilities that encounter the legal system.  To continue to address this issue, a targeted and collaborative training effort will be sustained and enhanced to train judges, prosecutors, defense attorneys, police officers, as well as other stakeholders to be aware of people with developmental disabilities and how their lives intersect with various aspects of the legal system. This project will provide consultation and training to the justice system and would work to identify existing resources that could be used as referrals to families and agencies dealing with these issues.

To support the long and short term goals of the project, a Justice and Developmental Disabilities Coalition will be convened to open up a broader public discourse among stakeholders around recognizing and addressing the multiple intersections of people with developmental disabilities in the legal and human resource systems. This project is funded by the Department of Behavioral Health and Developmental Disabilities, Division of Developmental Disabilities and administered by AADD. 

Friday, July 08, 2011

Teen With Aspergers Shot, and Killed by FL Police


18-year-old Nicholas Pesare was shot and killed by Largo, FL, police on Thursday after responding to a call about a domestic disturbance from his mother, Anne Polce. According to WTSP.com, Polce said she had called the police “hoping they would take him to a mental evaluation center for medication” but, while she was outside, two officers entered her apartment and three gunshots heard:
Largo Police are investigating the incident, but say their officers had no choice but to shoot the teen after they were attacked by Pesare, who they say was under the influence of drugs and was threatening suicide. His mother confirms she found her son snorting Xanax earlier in the day.
Teen with Asperger’s Killed by FL Police“They were confronted with a deadly force situation, one of the officers fired their service weapon and, as a result, we have a deceased adult male,” said Lt. Mike Loux of the Largo Police Department.
But Polce says she can’t understand why the officers found it necessary to kill her son, who she describes as 5’3″ tall, 118 pounds and armed with only a folding pocket knife. She says the officers were three times the size of her son. She’s also angry she was not allowed to enter the apartment herself to bring her son out peacefully.
“I could have diffused the whole situation because he would have never come after me,” said Anne Polce shortly after being questioned by investigators.
Noting that her son suffered from depression, Polce said they had been arguing about returning to Rhode Island, where they had moved from some years ago.
Pesare’s death sadly highlights the need for greater instruction and understanding about autism among first responders including police and EMTs. As a statement from the UK’s National Autistic Society (NAS) emphasizes,
The vast majority of individuals with autism are law abiding and respect the rules of society. On occasions when a person with autism comes to the attention of the police and other services it is normally a result of their social and communication difficulties being misunderstood and because they are not given appropriate support.
Here in New Jersey where we live, all police must undergo training about autism and how to approach individuals on the spectrum, who may not — I know my son very likely would not — respond to instructions and display unusual behaviors that may seem threatening. There have been a number reports of police shooting and restraining autistic adults (mostly autistic men) that have tragically been fatal, as in the case of Pesare.
We have unfortunately had to deal with our local police and EMT’s a few times when our son was extremely upset in our car or in a public place. Needless to say, these were difficult experiences, but the police were very respectful of us and our son, asking us what they would like us to do and what our assessment of the situation was. The resources for training first responders are out there ; Dennis Debbault, a parent of an autistic son, offers training for law enforcement and emergency officers and others. Alittle instruction can go a long way, and could have made a real difference for Nicholas Pesare and his mother.


Friday, December 04, 2009

Justice Department Signs Agreement with Glynn County, Georgia

Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Monday, November 2, 2009

Justice Department Signs Agreement with Glynn County, Georgia, to Ensure Civic Access for Persons with Disabilities

WASHINGTON - The Justice Department today announced a settlement agreement with Glynn County, Ga., to improve access to all aspects of civic life for persons with disabilities. The agreement was reached under "Project Civic Access," a Justice Department initiative to bring state and local governments into compliance with the Americans with Disabilities Act (ADA). The Glynn County agreement is the 170th reached under Project Civic Access and the ninth this year.

Project Civic Access was initiated to ensure that people with disabilities have an equal opportunity to participate in civic life. As part of the project, department investigators, attorneys and architects survey state and local government facilities and programs in various locations throughout the country to identify modifications to programs and facilities necessary to comply with ADA requirements. Depending on the circumstances in each community, the agreements address specific areas where access can be improved.

"Recognizing that civic access is a civil right, Glynn County has agreed to make improvements that will provide the full array of civic opportunities to county residents and visitors with disabilities," said Thomas E. Perez, Assistant Attorney General of the Civil Rights Division. "We applaud Glynn County for entering into this agreement that will further the rights and opportunities of individuals with disabilities."

Glynn County is located in the southeast corner of Georgia. More than 11,000 of the county’s 73,000 residents are individuals with disabilities. The county seat is in Brunswick, and the county also includes St. Simons Island, Blythe Island and Jekyll Island. As a coastal city, Glynn County offers many outdoor recreational opportunities for residents and visitors, including boating, hiking, biking and bird watching.

Under the agreement, the county will:

Make physical modifications to its facilities so that parking, routes into buildings, entrances, public telephones, restrooms, service counters and drinking fountains are accessible to people with disabilities;

Continue to ensure that the 9-1-1 emergency service TTY calls are answered as quickly and effectively as other calls;

Ensure that the county’s official Web site is accessible to persons with disabilities, including individuals who are blind or have low vision;

Ensure equal access to all aspects of the county’s emergency management programs for persons with disabilities, including emergency preparation, notification, evacuation, sheltering, response and recovery; and

Implement a plan regarding the accessibility of sidewalks and curb ramps throughout the county.

Today’s agreement was reached under Title II of the ADA, which prohibits discrimination against individuals with disabilities by state and local governments. The agreement will remain in effect for five years or until the parties agree that all actions required by the agreement have been completed, whichever is later.

People interested in finding out more about the ADA, today’s agreement with Glynn County, or the department’s Project Civic Access initiative can access the ADA home page at http://www.ada.gov or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).

http://www.justice.gov/opa/pr/2009/November/09-crt-1184.html

Civil Rights Division

U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Thursday, December 03, 2009

Settlement in Texas Disabled Parking Lawsuit

Dallas Morning News
Associated Press
December 2, 2009

A proposed $24 million settlement would end a 1997 lawsuit challenging a $5 fee that Texas charged for disabled parking placards

The Austin American-Statesman reported Wednesday that the settlement to the class action lawsuit, filed against the Department of Transportation, faces final approval from a federal judge.

The lawsuit was part of similar cases nationwide claiming charging drivers with disabilities for the right to access violates the Americans with Disabilities Act.

The settlement says Texas would fund a pool to cover refunds to drivers with disabilities who bought the blue parking placards since 1997. A judge in 2008 ordered the state to stop collecting the fee.

Attorney J. Hampton Skelton of Austin says he was happy to reach the agreement on behalf of disabled Texans.
___
Information from: Austin American-Statesman, http://www.statesman.com
http://www.dallasnews.com/sharedcontent/APStories/stories/D9CB54301.html

© 2009, The Dallas Morning News, Inc. All Rights Reserved.

Justice Department Signs Agreement with Wilmington, North Carolina, to Ensure Civic Access

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Tuesday, November 10, 2009

Justice Department Signs Agreement with Wilmington, North Carolina, to Ensure Civic Access for People with Disabilities

WASHINGTON – The Justice Department today announced a settlement agreement with the city of Wilmington, N.C., to improve access to all aspects of civic life for persons with disabilities.

The agreement was reached under "Project Civic Access," a Justice Department initiative to bring state and local governments into compliance with the Americans with Disabilities Act (ADA). This agreement is the 171st reached under Project Civic Access and the tenth this year.

Project Civic Access was initiated to ensure that people with disabilities have an equal opportunity to participate in civic life. As part of the project, department investigators, attorneys, and architects survey state and local government facilities and programs throughout the country to identify modifications necessary to comply with ADA requirements. Depending on the circumstances in each community, the agreements address specific areas where access must be improved.

"Civic access is a basic right guaranteed to all, and today’s agreement illustrates Wilmington’s commitment to improving access for all of its residents and visitors with disabilities," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "We applaud Wilmington for entering into this agreement that will further the rights and opportunities of individuals with disabilities."

The city of Wilmington, also known as the Port City, is located in the southeastern corner of North Carolina between the Cape Fear River and the Atlantic Ocean. Wilmington has become a popular location for filming movies and TV shows. More than 15,400 individuals with disabilities call Wilmington home, and the percentage of Wilmington residents who have a disability is higher than the national average.

Under the agreement announced today, the city of Wilmington will take several steps to improve access for individuals with disabilities, such as:

Making physical modifications to its facilities so that parking, routes into the buildings, entrances, public telephones, restrooms, service counters, and drinking fountains are accessible to persons with disabilities;

Posting, publishing and distributing a notice to inform members of the public of the provisions of the ADA and their applicability to the city’s programs, services, and activities;

Adopting a grievance procedure to deal with complaints of disability discrimination;

Amending its employment policies, as necessary, to comply with the regulations of the U.S. Equal Employment Opportunity Commission implementing the Americans with Disabilities Act;

Implementing a plan that will provide accessible sidewalks and curb ramps throughout Wilmington;

Ensuring that the city’s official website is accessible to persons with disabilities, including individuals who are blind or have low vision;

Providing information for interested persons with disabilities concerning the existence and location of the city’s accessible services, activities and programs; and

Installing signs at any inaccessible entrance to a city facility directing members of the public to an accessible entrance or to information about other accessible facilities where services can be obtained.

Today’s agreement was reached under Title II of the ADA, which prohibits discrimination against individuals with disabilities by state and local governments. The agreement will remain in effect for three years. The department will monitor compliance with the agreement until required actions have been completed.

People interested in finding out more about the ADA, today’s agreement with Wilmington, N.C., or the department’s Project Civic Access initiative may find this information on the ADA Web site at http://www.ada.gov or may call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).

http://www.justice.gov/opa/pr/2009/November/09-crt-1214.html

U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Wednesday, December 02, 2009

Justice Department Signs Agreement to Improve Civic Access for the Disabled

Justice Department signs agreement with the city of Poplarville, Mississippi, to improve civic access for people with disabilities.

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
November 25, 2009

WASHINGTON – The Justice Department today announced an agreement with the city of Poplarville, Miss., to improve access for persons with disabilities to its programs, services, activities and facilities. The agreement was reached under the department’s Project Civic Access initiative to bring localities into full compliance with the Americans with Disabilities Act (ADA).

This agreement is the 173rd under Project Civic Access and the 12th this year.

"Access to public programs, activities and services is critical to ensuring that individuals with disabilities can participate fully in their communities and in civic life, and the ADA guarantees them that access," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "The department is pleased that city officials have made this commitment to great access for persons with disabilities."

The department’s agreement with the city of Poplarville provides that the city will:

Make physical modifications to its facilities so that parking, routes into the buildings, entrances, public telephones, restrooms, service counters and drinking fountains are accessible to people with disabilities;

Post, publish and distribute a notice to inform members of the public of the provisions of title II and their applicability to the city’s programs, services and activities;

Adopt and implement a grievance procedure to deal with complaints of disability discrimination;

Take steps to ensure that all appropriate employees are trained and practiced in using the Mississippi Relay Service to make and receive calls;

Implement the sheriff department’s Policy on Effective Communication with People Who are Deaf or Hard of Hearing by providing interpreters and auxiliary aids that are necessary to ensure effective communication with individuals who are deaf or hard of hearing;

Amend its employment policies, as necessary, to comply with the regulations of the U.S. Equal
Employment Opportunity Commission implementing the employment provisions of title I of the ADA;

Provide physically accessible polling places;

Ensure equal access to its emergency management programs for persons with disabilities, including preparation, notification, response and clean up;

Implement a plan for accessibility of sidewalks and curb cuts throughout the city; and

Install signs at any inaccessible entrance to a facility directing users to an accessible entrance or to information about other accessible facilities.

Project Civic Access was initiated to ensure that people with disabilities have an equal opportunity to participate in civic life in their community. As part of the project, department investigators, attorneys and architects conduct on-site surveys of state and local government facilities and programs across the nation for the purpose of identifying modifications needed for compliance with ADA requirements. The agreements are tailored to address specific areas of concern where access to a government’s programs or facilities can be improved.

Poplarville is a small city in Pearl River County, Miss. One in every four residents of Poplarville has a disability and will benefit from the access improvements achieved because of today’s agreement.

People interested in finding out more about the ADA, today’s agreement with the City of Poplarville or the Justice Department’s Project Civic Access initiative may obtain this information on the ADA Web site at http://www.ada.gov or by calling the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD).

http://www.justice.gov/opa/pr/2009/November/09-crt-1280.html

U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Monday, November 23, 2009

High-Achieving Lee School Accused of Rejecting Low-Performing Students

By LESLIE WILLIAMS HALE
Naples News
November 22, 2009 .

Twice this month, the Lee County School Board was bombarded at a meeting with allegations against the principal of one of its top-performing schools.

The Sanibel School, a National Blue Ribbon School, is in many ways the feather in the school district’s cap.

But it is now the subject of investigations by the district’s Office of Professional Standards and Equity, as well as the federal Office for Civil Rights.

The school’s students regularly achieve some of the state’s top scores on Florida Comprehensive Assessment Tests (FCAT).

Some of the most serious allegations center around the principal of the school. Parents of students and former students at Sanibel say Principal Barbara Von Harten has forced children out of the school because they were either low performers or exceptional students who would work against the school’s stellar FCAT scores.

Von Harten didn’t return a phone message left with her office’s staff last week.

The Office for Civil Rights is responsible for investigating schools accused of violating civil rights laws, including denying legally guaranteed services to students with disabilities.

Both the district and the federal investigation stem from a Nov. 3 board meeting, when roughly 10 parents critical of Von Harten and the school spoke before the board, listing grievances such as poor response to bullying problems, denial of services to exceptional student education (ESE) children and fiscal mismanagement.

Charlotte Harlow, a former employee of the school who performed data entry work in Von Harten’s office, said she became concerned during the 2000-01 school year when Von Harten asked Harlow to pull the names of every ESE student and parent at the school. One by one, those parents came to Von Harten’s office for meetings, which Harlow said she can still recall vividly.

“She very calmly, and collectively told them, in a very matter-of-fact way, as if she was trying to do it to help them, and tell them the best thing for their son or daughter was to go to such and such school, and she would make recommendations,” Harlow said.

Harlow said she believed Von Harten was trying to push those students out because she feared they might drag down school scores.

“I know that’s what her intention was,” Harlow said. “And she certainly achieved that. Almost all of them (transferred to other schools).”

However, a contingent of parents supporting the school also flooded the board chambers during last week’s board meeting, the most recent one, to tell the board that the allegations against Von Harten are the byproducts of “rumors and gossip.”

“I listened carefully to the parents who presented (Nov. 3),” said Jeff Turner, a parent of three, at last week’s meeting. “I respect their right to air their grievances, but they do not speak for me.”

He was one of about 18 people speaking last week in support of the school; roughly as many people spoke critically about the school.

However, the parents who brought their concerns to the board this month say that until they made their public appeal, nothing was done to address their concerns. A group of parents made a similar rash of complaints to the board in 2007.

Superintendent James Browder said the district has conducted one other investigation into Von Harten, but it was closed without any findings against her.

“We have been to the state department of professional standards,” said Claudia Foster, a parent, at the Nov. 3 meeting. “They all say it needs to be addressed locally. We have tried to address it locally, with both the district’s department of professional standards and with the superintendent’s office. The superintendent’s office has known about it since 2002.”

Copies of e-mails and letters given to the Daily News by parents date to 2004, and outline problems to administrators and district staff, including complaints of teachers and administrators not following Individualized Education Plans (IEPs) for students.

An IEP is the document that outlines how to best educate a student with a disability, and includes treatments such as speech therapy or intensive reading time. It is developed through the cooperation of teachers, therapists and parents, and allegations of IEPs not being followed typically are addressed by the Office for Civil Rights.

Browder confirmed last week that an Office for Civil Rights complaint had been issued, and district spokesman Joe Donzelli said that the district is investigating some of the allegations against Von Harten as well. However, he said the specific allegations being investigated cannot be identified until after the inquiry is completed.

http://www.naplesnews.com/news/2009/nov/22/high-achieving-lee-school-accused-rejecting-low-pe/

naplesnews.com
1100 Immokalee Road
Naples, FL 34110
239-262-3161 Send us an email
2009 The E.W. Scripps Co.

Friday, November 20, 2009

State Bar Association Presents Important Continuing Legal Education Programs on Compliance Issues and Disability Discrimination in Employment

"Finding the Bottom Line: Rights of People with Disabilities in NYS"

by New York State Bar Association News Release

ALBANY, NY (11/18/2009)(readMedia)-- The New York State Bar Association will host an important series of Continuing Legal Education (CLE) programs next month that will provide a road map for attorneys as they advise clients on a host of disability, discrimination and compliance issues. The program, titled "Finding the Bottom Line: Rights of People with Disabilities in New York State," will review and analyze current federal, state and local disability laws and will examine how they relate to potential discrimination actions in the areas of employment, public and private sector public accommodations and housing. The programs will be presented in Rochester on December 1st; New York City on December 4th; and Albany on December 9th.

Presented by the State Bar's Committee on Continuing Legal Education and co-sponsored by the Committee on Issues Affecting People with Disabilities, the Labor and Employment Law Section, and that section's Equal Employment Opportunity Law Committee and its Individual Rights and Responsibilities Committee, the CLE program will offer 6.5 credit hours of professional practice and/or practice management.

Among the topics to be covered are "Who Is Protected," "What Is a Covered Entity and What Are Its Obligations" and "Housing Requirements" as related to the federal Americans with Disabilities Amendment Act, the Family and Medical Leave Act, the Fair Housing Act, as well as New York State and local laws. Program attendees also will learn about remediation options, including mediation, administrative and court litigation and differences in the availability of compensatory and punitive damages, among other remedies and strategies.

"The significant changes in the law made by last year's amendments to the ADA, as well as the newly proposed regulations and evolving case law, make it critical for attorneys representing employees, employers and others to keep up to date on the ADA, FMLA, New York State Human Rights Law and New York City Human Rights Law," said Nancy Halleck, chair of the Committee on Issues Affecting People with Disabilities. "This CLE provides an excellent opportunity for attorneys to catch up on all of these changes and get a refresher course on existing laws. The faculty we have assembled comprises experts in disability, employment and housing law with experience in litigation and compliance. Participants will leave this workshop with a clear understanding of the changes in the law, and how it all fits together around the state. I urge all attorneys practicing disability and employment law to attend."

In a related event, as part of the United Nation's celebration of International Day of Persons with Disabilities, New York City regional program co-chair Mark H. Leeds, Esq. has been invited to present copies of this CLE course program book to United Nations officials on December 3rd.

Ms. Akiko Ito, Chief of the United Nations Secretariat for the Convention on Rights of Persons with Disabilities, said, "As we celebrate the International Day of Persons with Disabilities, the United Nations appreciates the contribution of the New York State Bar Association's continuing legal education program, 'Finding the Bottom Line - Rights of People with Disabilities in New York State,' to efforts that recognize and promote the rights of persons with disabilities. We look forward to working further with the New York State Bar Association in this cause."

A complete listing of participants for each of the three local area panels is provided below.

Tuesday, December 1st Radisson Hotel Rochester Riverside; 120 Main Street East; Rochester
Melinda R. Saran, Esq., (Local Chair), University at Buffalo Law School, Buffalo * Mairead E. Connor, Esq., Law Offices of Mairead E. Connor, PLLC, Syracuse * Matthew J. Fusco, Esq., Chamberlain D'Amanda, Rochester * Michael Hanley, Esq., Empire Justice Center, Rochester * Amy L. Hemenway, Esq., Harter, Secrest & Emery LLP, Buffalo * Michael Mul, Esq., Empire Justice Center, Rochester * Sharon P. Stiller, Boylan, Brown, Code, Vigdor and Wilson, Rochester.

Friday, December 4th New York Hilton and Towers; 1335 Ave of the Americas; NYC
Mark H. Leeds, Esq., (Local Chair), Riverdale * Dennis R. Boyd, Esq., Dennis R. Boyd Legal Advocacy and Consulting Services, New York City * Patricia A. Cody, Esq., Wormser Kiely Galef & Jacobs LLP, New York City * John P. Herrion, Esq., New York State Division of Human Rights, Bronx * Alan M. Koral, Esq., Vedder Price, P.C., New York City * Rachel J. Minter, Esq., Law Office of Rachel J. Minter, New York City* Jason R. Mischel, Esq., New York City Mayor's Office for People with Disabilities * Donald L. Sapir, Esq., Sapir & Frumkin, White Plains * Jo Anne Simon, Esq., Jo Anne Simon, PC, Brooklyn.

Wednesday, December 9th Crowne Plaza Albany; State & Lodge Streets; Albany
Simeon Goldman, Esq., (Local Chair), Disability Advocates Inc, Albany * Beth A. Bourassa, Esq., Whiteman, Osterman & Hanna LLP, Albany * Ronald G. Dunn, Esq., Gleason Dunn Walsh & O'Shea, Albany * John P. Herrion, Esq., New York State Division of Human Rights, Bronx * Gregory K. Jones, Esq., New York State Commission on Quality of Care and Office of Advocacy for Persons with Disabilities, Albany * Alan M. Koral, Esq., Vedder Price, P.C., New York City * Tara L. Moffett, Esq., Girvin & Ferlazzo, Albany * Cliff Zucker, Esq., Disability Advocates Inc., Albany.

For further information on this CLE program series or to register to attend, please visit the following Web sites:

Rochester Tuesday, December 1, 2009
Radisson Hotel Rochester Riverside
www.nysba.org/disabilityroc

New York City Friday, December 4, 2009

The New York Hilton
www.nysba.org/disabilitynyc
Albany, December 9, 2009
Crowne Plaza Albany Hotel

www.nysba.org/disabilityalb

Founded in 1876, the 76,000-member New York State Bar Association is the official statewide organization of lawyers in New York and the largest voluntary state bar association in the nation. The State Bar's programs and activities have continuously served the public and improved the justice system for more than 130 years.

Contact Information
Nick Parrella, 518-487-5532

http://readme.readmedia.com/Finding-the-Bottom-Line-Rights-of-People-with-Disabilities/983321

Friday, November 13, 2009

Justice Department Resolves Lawsuit Alleging Disability-Based Housing Discrimination at 11 Multifamily Housing Complexes in Tennessee, Louisiana, Alab

Department of Justice

Office of Public Affairs
FOR IMMEDIATE RELEASE
Friday, November 6, 2009

WASHINGTON – The Justice Department today announced a settlement of its lawsuit alleging that those involved in the design and construction of 11 multifamily housing complexes discriminated on the basis of disability. The complexes are located in four states and contain more than 800 units covered by the Fair Housing Act’s accessibility provisions.

Under the settlement, which must still be approved by the U.S. District Court for the Western District of Tennessee, 11 defendants will pay all costs related to making the complexes for which they were responsible accessible to persons with disabilities and pay up to $117,000 to compensate individuals harmed by the inaccessible housing. The settlement requires all the defendants to undergo training on the requirements of the Fair Housing Act and provide periodic reports to the government.

"The Fair Housing Act requires equal access to housing for persons with disabilities," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "This comprehensive settlement ensures that these multifamily housing complexes will be retrofitted to comply with the Fair Housing Act, thus allowing persons with physical disabilities an equal opportunity to live in and visit these complexes."

The complaint was originally filed in Memphis, after the United States Attorney received a copy of a survey conducted by the Memphis Center for Independent Living of three of the Memphis properties indicating violations of the Fair Housing Act. In jointly announcing the filing of the Consent Order U.S. Attorney Lawrence J. Laurenzi said, "This Consent Order is an example of our office’s commitment to enforcing the civil rights of all people and in particular highlights the high degree of cooperation between our office and the Civil Rights Division in enforcing the rights of individuals with disabilities."

The defendants responsible for the payments and retrofits are Steve Bryan, Bryan Construction Company, Patton & Taylor Construction Co., Taylor Gardner Architects, Looney-Ricks-Kiss Architects, Richard A. Barron, The Reaves Firm, Smith Engineering Firm, David W. Milem, Belz/South Bluffs and HT Devco. Two defendants, Steve Bryan and Bryan Construction Co., will also pay a civil penalty of $12,000 to vindicate the public interest. The defendants will retrofit the following complexes in Alabama, Tennessee, Louisiana and Texas:

Sunset Bay at Bon Secour, Condominiums, Gulf Shores, Ala.
South Bluffs Apartments, 4 Riverview Drive West, Memphis, Tenn.
Island Park Apartments, 1440 Island Park Drive, Memphis, Tenn.
The Apartments on Harbor Town Square, Memphis, Tenn.
The Horizon, 717 Riverside Drive, Memphis, Tenn.
Grand Pointe Apartments, 3606 Kaliste Saloom Road, Lafayette, La.
Highlands of Grand Pointe, 3601 Kaliste Saloom Drive, Lafayette, La.
Ashford Place Apartments, 107 Ashford Drive, West Monroe, La.
Island Park Apartments, 1105 Island Park Boulevard, Shreveport, La.
Reflections of Island Park, 2600 Celebration Cove, Shreveport, La.
Cumberland Place, 2088 Blue Mountain Blvd, Tyler, Texas

The retrofitting includes modifying walkways to eliminate steps, excess slopes and level changes, providing accessible curb ramps, and providing accessible parking and routes to site amenities, such as clubhouses, pools, mailboxes and trash facilities. The settlement also provides for the replacement of inaccessible knob door hardware, the widening of inaccessible narrow doorways, and the reconfiguration of bathrooms and kitchens to accommodate persons who use wheelchairs.

Persons who believe they may have been harmed by the lack of accessible housing at one of the complexes involved in this matter should contact the Justice Department at 1-800-896-7743, and select menu option 996.

The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. Individuals who believe that they may have been victims of housing discrimination should call the Housing Discrimination Tip Line (1-800-896-7743) or email the Justice Department at fairhousing@usdoj.gov. Such persons may also contact the U.S. Department of Housing and Urban Development at 1-800-669-9777.

Fair housing enforcement is a priority of the Civil Rights Division. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt.

http://www.justice.gov/opa/pr/2009/November/09-ag-1205.html

09-1205
Attorney General

Thursday, November 05, 2009

Bally’s Fitness Cons Man With Disabilities Into Membership, Family Says

By Shaun Heasley
For Disabilityscoop
November 4, 2009

An Indiana man with developmental disabilities was duped into a monthly gym membership by representatives of Bally’s who showed up at his door and drove him to the gym, the man’s family says.

Two men from Bally’s Total Fitness approached Mark Hannon,49, at his Indianapolis apartment and then drove him to a local gym to sign up for a year-long contract. Hannon has the functional abilities of a man much younger than his 49 years.

The contract Hannon agreed to included a $29.99 monthly withdrawal from his bank account plus $69.98 in initial fees for the first and last month of membership and a service fee.

When Hannon’s brothers went to the gym to request a refund, gym officials were unwilling to make any concessions, reports 6News, the Indianapolis ABC affiliate. To read more click here.

http://www.disabilityscoop.com/2009/11/04/ballys/6055/

Copyright © 2009 Disability Scoop, LLC. All Rights Reserved. For reprints and permissions click here.

Friday, October 16, 2009

Russia's Disabled Suffers Neglect and Abuse

By Richard Galpin
BBC News, Moscow

Vadim Voevodin was attacked outside his own home.

The BBC has obtained shocking evidence of the abuse and prejudice which campaigners say is widespread against the estimated 13 million people with disabilities in Russia.

Many are like prisoners inside their own homes, unable to go outside because of the lack of basic facilities in the towns and cities, while tens of thousands of children with disabilities go without any education.

Vadim Voevodin, who has suffered more than most, is behind a campaign to improve life for those with disabilities in Russia, and as we sat inside his tiny Moscow apartment, he showed me a shocking video.

In the black and white CCTV footage a man kneels on the ground outside his apartment, under attack.

He tries to fight back but is pushed down and held in a neck-lock.

But this is no banal brawl between two angry able-bodied men.

The man on the ground is Mr Voevodin, and he is kneeling because he is paralysed from the waist down.

He has just been dragged from his wheelchair after answering a knock on the door from a local resident who came with the intention of beating him up.

Two years after this brutal attack Mr Voevodin still lives in fear, and the two small rooms which he calls home are packed with surveillance equipment.

CCTV cameras and microphones protrude from every corner and a bank of monitors, video recorders and computers dominate an entire wall.

But the electronics are not only there because of his fears about security; the apartment is also the nerve-centre of his campaign.

And that is because he has no other choice of location.

He said he has not been able to go outside for the past 10 years because his front door is too narrow to get through in a wheelchair and, even if it was wider, he would not be able to get into the lift to go down to the ground-floor because it is too small.

And if he ever made it onto the city's streets he would face a maze of obstacles - steep kerbs , flights of steps, cars parked on pavements and a public transport system almost all of which is inaccessible for those with disabilities.

But even all this is not what troubles him the most.

'Undeclared war'
On his website he has posted a series of photographs of associates whom he said have died because of the acute prejudice within Russian society against those with disabilities.

"The situation for people with disabilities here is now worse than in Soviet times, it's like an undeclared war against us," he said.

"A wheelchair user I know, who was an active fighter for the rights of people with disabilities… was left to die in a hospital ward.

"There was another incident in Saratov. One of our members had a stroke and when they rang up the hospital they said they did not take invalids on Mondays. She died that day.

"In the last 10 years, 40 of my colleagues have died."

It is extremely difficult to verify these claims, but there was a swift denial from the authorities.

"The attitude in our health system is the same for everyone whether for people with disabilities or for people who are normally healthy," said Igor Gordeev of the social defence department of Moscow's city government.

"There is the Hippocratic Oath for doctors and they should follow it."

Mr. Gordeev also insists the Moscow authorities are now spending $300m (£190m) to improve facilities in the city for those with disabilities.

At a large school in central Moscow there are the first signs of a change in attitude within the general population. The school is one of a handful involved in a project to include children with disabilities in the city's schools.

Most are still either educated in separate schools or at home - which according to the government's own figures means 170,000 children with disabilities in Russia do not receive any education at all.

Twelve-year-old Natalya, who was born deaf and has limited speech, has settled into her new school well. Students at Natalya's new school are no longer bothered about her deafness.

She said: "I like it very much here. I am more keen to learn here than in my previous [separate] school. Here I only get excellent marks."

Resistance
Some of the children in her class admitted they had never seen a person with disabilities before.

"I have changed my attitude to these people and I now think they are normal," said one pupil.

"I don't think they are different or that there is anything wrong with them."

A senior teacher said initially there had been resistance from some parents who said they did not want their children studying with people with disabilities.

But that resistance has now faded away.

It is a small beginning.

But the challenge of overcoming decades of neglect is formidable, and for now most of those with disabilities here remain isolated and vulnerable.

http://news.bbc.co.uk/2/hi/europe/8302633.stm

© MMIX MMIXMMIX

British Broadcasting Corporation
Broadcasting House,
Portland Place,
London,
W1A 1AA

Wednesday, October 14, 2009

House Adds Hate Crimes Protections For People With Disabilities

By Michelle Diament
For Disability Scoop
October 9, 2009

Violent crimes committed based on a person’s disability would become federal hate crimes offenses under legislation approved by the House of Representatives Thursday.

The measure builds upon the 1968 hate crimes act by adding disability, gender, sexual orientation and gender identity to the list of protected statuses. Current law includes protections for crimes committed based on a person’s race, color, religion or national origin.

The move comes on the heels of a Justice Department study released earlier this month indicating that people with disabilities are 50 percent more likely to experience nonfatal violent crime as compared to their peers. Of crime victims with disabilities, the study indicated that about one in five said they thought their disability was the reason they were targeted.

“No American should ever have to suffer persecution or violence because of who they are, how they look or what they believe,” House Speaker Nancy Pelosi, D-Calif., said of the hate crimes bill, which passed as part of a larger defense spending bill. “This legislation also gives state and local law enforcement the tools they need to prevent and prosecute hate crimes nationwide, helping protect Americans against bias-motivated violence and securing our fundamental right to feel safe in our communities.”

Many Republicans, however, voted against the defense spending bill because the hate crimes provision — which they called “thought crimes legislation” — was included.

The legislation must still be approved by the Senate and by President Barack Obama, both of which are likely.

http://www.disabilityscoop.com/2009/10/09/house-votes-hate-crimes/5734/

Copyright © 2009 Disability Scoop, LLC. All Rights Reserved. For reprints and permissions click here.

Friday, September 25, 2009

EEOC Files Suit Against UPS

By RACHEL TOBIN RAMOS and ASSOCIATED PRESS
The Atlanta Journal-Constitution
Atlanta Business News August 28, 2009

The U.S. Equal Employment Opportunity Commission has filed a lawsuit in Chicago alleging UPS improperly fired a disabled employee.

The employee, UPS administrative assistant Trudi Momsen, was fired in 2007. She took 12 months medical leave for multiple sclerosis, then returned, but left again due to complications from her medication.

Sandy Springs-based UPS fired her for exceeding the package delivery company’s 12-month leave policy, the EEOC says.

The lawsuit claims UPS failed to accommodate Momsen’s disability, a violation of the Americans with Disabilities Act. The EEOC is seeking class-action status.

In an e-mail, UPS spokesman Norman Black called the lawsuit “surprising and misdirected,” adding the company will “vigorously defend” its leave policy.

“The employee in this case never asked for an accommodation under the Americans with Disabilities Act,” he said. “UPS is at a loss to understand the federal government’s position here,” calling UPS’s leave policy one of the “more generous and flexible” in corporate America.

http://www.ajc.com/business/eeoc-files-suit-against-126353.html
© 2009 The Atlanta Journal-Constitution

Autistic Murder Suspect Declared Unfit for Trial

By MEGHAN BARR
The Associated Press
September 14, 2009

COLUMBUS, Ohio — A judge ruled Monday that an autistic teenager is not competent to stand trial in the fatal beating of his doting mother and should remain in the treatment facility where he has been living for several months.

Portage County Common Pleas Judge John Enlow said Sky Walker, 18, is guilty of murdering his mother in January but should be institutionalized for his protection. All charges against him were dismissed.

At a hearing last week, prosecutors and defense attorneys said they agreed with a mental health evaluation that concluded Walker is unable to help in his defense. His attorneys had argued that Walker, who was kept in a restraint chair and wore a mask to keep him from spitting at deputies, cannot carry on a conversation.

To be deemed competent, a defendant would have to understand the charges against him and be able to help in his own defense.

His mother, 60-year-old Gertrude Steuernagel, was found beaten in her home in January and died a week later. A professor at Kent State University, she once wrote publicly about coping with her son's aggressive behavior.

The judge's ruling is the best possible outcome for Walker, who is unable to grasp the concept of death, said Steuernagel's brother, Bill, who lives in Carolina Shores, N.C.

"What Sky did was horrific," he said. "Yet I firmly believe he does not know what happened."

Bill Steuernagel said his sister's relationship with Walker was akin to spousal abuse, though he had never witnessed his nephew behave violently."

She loved Sky so much, she did not want to report him to the authorities," he said. "Because she was afraid she'd lose him."

Because Walker no longer has relatives who live in Ohio, family members have been taking turns visiting him at the facility and will continue to do so, Steuernagel said.

Autism is a developmental disability that limits social interaction and communication skills, usually starting before age 3. Bill Steuernagel said the family wants to reiterate that Walker's problems with aggression are not typical of all autistic children.

"I don't want this whole thing to throw a black eye on autistic children," he said. "They need our help."

Walker's court-appointed guardian, attorney Deron Boring, said he could not comment on the ruling due to confidentiality laws.

Walker will remain at a state-run center in Toledo and be evaluated every six months by the court. The center's nine group homes serve about 160 people, most of whom have severe mental disabilities.

Before a mental evaluation in March, Walker spent about two months in a holding cell in the Portage County jail.

Sheriff's Lt. Gregory Johnson testified last week that deputies found Steuernagel on the floor of her kitchen with massive injuries to her face. A blood trail led through the house to the basement, where deputies found Walker, his bare feet splattered in blood, Johnson said.

Walker gave conflicting accounts of the attack, never able to speak in a complete sentence. At one point, he said he had "kicked momma" and "hurt momma" but another time denied he had injured her, Johnson said. In the house, he kicked a deputy in the face and had to be restrained with handcuffs and pepper spray, Johnson said.

A 2005 study in the Journal of the American Academy of Psychiatry and the Law reported on the cases of three autistic defendants charged with murder. Two were sent to prison mental health units; the third was acquitted.

But an autistic man was convicted in 2004 in San Diego of killing a 17-year-old, and a man with a form of autism got a life prison term in South Carolina for killing a family friend.

http://www.ajc.com/news/nation-world/autistic-murder-suspect-declared-138347.html

Copyright 2009, The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Wednesday, September 23, 2009

Abercrombie To Back Off Appeal Of Discrimination Ruling

By Shaun Heasley
For Disability Scoop
September 21, 2009

Abercrombie & Fitch will no longer appeal a fine imposed after a judge ruled that one of the retailer’s Minnesota stores violated the rights of a teen with autism.

A judge ordered the clothing chain to pay more than $100,000 in fines after he found that the store discriminated against a 14-year-old with autism when employees would not allow the girl’s sister to accompany her in the dressing room.

The employees said they could not allow more than one person in a dressing room at a time even after the girl’s sister explained that she needed assistance due to her disability.

In addition to the fine, the judge ordered the retailer to alter its policies on serving customers with disabilities and post notices of the revised policy in Minnesota stores.

Abercrombie & Fitch appealed the decision, but the appeal was thrown out of court because it was not sent by certified mail, as is required by the Minnesota court. Now, a lawyer for the teen says Abercrombie & Fitch officials have indicated that they don’t intend to pursue the matter any further, reports the Minneapolis Star-Tribune. To read more click here.

http://www.disabilityscoop.com/2009/09/21/abercrombie-appeal/5483/

Copyright © 2009 Disability Scoop, LLC. All Rights Reserved. For reprints and permissions click here.

Tuesday, September 22, 2009

Judge: NY Violated Disabilites Act With Mentally Ill

A federal judge said in a Tuesday ruling that the state health department violated the rights of mentally ill patients by housing them in inappropriate facilities.


By Barbara Benson, Crain's Health Pulse
September 08, 2009 7:01 PM

Advocates for the mentally ill won a big victory Tuesday when a federal judge ruled that New York is violating the Americans With Disabilities Act by providing inadequate services to residents warehoused in for-profit, privately run adult homes, including 44 in the city.

The judge gave Albany until mid-October to come up with a "remedial plan." The decision, by District Court Judge Nicholas Garfaufis, says that “in carrying out their administration of New York's mental health services system,” the state's departments of health and mental health denied thousands of New Yorkers “the opportunity to receive services in the most integrated setting appropriate to their needs.”

Supported housing, where individuals live in apartments but receive services, was seen by the court as a more appropriate setting. The lawsuit was filed by Disability Advocates. It is not yet known if the state will appeal the ruling to the Second Circuit.

Email: bbenson@crainsnewyork.com
http://www.crainsnewyork.com/article/20090908/FREE/909089977

http://www.crainsnewyork.com
© 2009 Crain Communications, Inc.

Friday, September 18, 2009

DNA Evidence Frees Man After 26 Years in Broward Jail

Judge ordered his release after DNA test raised doubt about conviction

By Paula McMahon
South Florida Sun Sentinel
9:04 p.m. EDT, September 10, 2009


FORT LAUDERDALE - Anthony Caravella walked out of the Broward County jail on Thursday a free man — at least temporarily — for the first time in close to 26 years."

I can't even tell you how excited I am. I think being free hasn't really hit me yet," Caravella told the Sun Sentinel. "It's strange, everything is different."

A judge ordered Caravella, 41, released after a recent test excluded him as the source of DNA found on the body of a Miramar woman he was convicted of raping and murdering in 1983. Broward prosecutors asked for him to be set free, for now, while they reinvestigate the case.

The last time Caravella was free, he was 15 years old, Ronald Reagan was serving his first presidential term, Michael Jackson's Thriller album topped the charts and a gallon of gas cost $1.24.

His impressions after the 20-minute drive from jail to the Davie home where he'll be living for the foreseeable future: People dress differently than in the 1980s, and traffic in Broward is much worse.

Being free after so long, it seemed, was intimidating and overwhelming.

He walks with his hands behind his back, a habit he picked up from being frequently handcuffed during incarceration. When a door opens, he stands by it, waiting to be told if it's OK to enter. He's worried he'll get lost if he walks outside. He can't quite believe that he can decide what to do, and when."

I'm so used to people telling me what to do and now I'm on my own," he said.

Caravella, who has an IQ of 67, wants to work and hopes someone will give him that chance. He'd like to go to a Miami Dolphins game and, some day, maybe even visit Disney World.

Caravella was reunited with his brother, Larry Dunlap, 30, and sister, Angela Butler, 43, in the lobby of the jail in downtown Fort Lauderdale. He grabbed their hands, then hugged them tightly before embracing and thanking his lawyer, Chief Assistant Public Defender Diane Cuddihy, and a Sun Sentinel reporter, both of whom worked on his case since 2001."

I believe the world's big enough to start over," Caravella said. "Do I feel bitter? How do you answer that?"

The first thing Caravella did after his release was visit the mausoleum where his mother's remains are interred. Lorraine Buckels died at age 63 in July 2001, shortly after legal efforts began to overturn her son's conviction.

She always believed he was wrongfully convicted and constantly reminded her other children of his plight. On her death bed, she made her children promise they'd keep trying to free him.

Caravella, who grew up in Miramar the eighth of 11 children, wasn't allowed out of prison to attend her funeral. He spent somber minutes staring up at the marble plaque that marks her resting place at the Forest Lawn cemetery in Davie. "I just wanted her to know I walked out," he said.

Then, he told his brother and sister: "I want to go home.

"Waiting for him there was "an Italian feast" of cheese-stuffed pasta shells, meatballs and "Mom's special sauce" — a secret family recipe. He may never eat turkey again, he said, because it seemed most of his prison meals contained turkey dogs, turkey burgers or turkey something else. He's seen an ad for McDonald's sundaes and he'd like to try one.

Caravella confessed to the rape and murder of Ada Cox Jankowski, 58, in five statements the defense said Miramar police beat and coerced from him.

Caravella was serving life in prison when his youngest brother, Dunlap, read newspaper stories about DNA exonerations. Dunlap called a Sun Sentinel reporter in 2001 and said, "I think my brother's in prison for something he didn't do." He asked if DNA testing, unavailable in 1983, might help.

The reporter found issues for concern in the case and asked the Public Defender's Office to help the family. Cuddihy began an eight-year effort to clear Caravella. "I can't tell you [why I thought he was innocent]," Cuddihy said. "I just believed him.

"Broward prosecutor Carolyn McCann agreed to DNA testing on the surviving evidence and in 2001, Broward Sheriff's Office lab workers said there was nothing to implicate or exonerate Caravella. They also said there was no testable semen on the evidence.

But Cuddihy never gave up. She said she kept the two large boxes of files by her desk and joked that she tripped over them every day for the past eight years. "I couldn't bear to put them away," she said.

Earlier this year, prosecutors agreed to let the defense have the evidence tested at a private California lab. Last week, the results excluded Caravella as the source of the DNA and turned up the genetic profile of an unidentified male.

Legal technicalities kept Caravella in jail two days longer than the judge mandated. Because he was convicted of Jankowski's rape, the Department of Children & Families had to determine whether he should be civilly committed after his prison sentence. DCF agreed Thursday that he should be released. Caravella must still wear a GPS monitor, obey an 11 p.m. curfew, submit to random drug tests and report daily to pretrial release officers.

The legal battle is not over. Cuddihy has filed a legal request asking a Broward judge to exonerate Caravella and permanently free him. In the petition, she noted the test results, as well as several aspects of Caravella's confessions that contradict physical evidence, allegations Caravella was hit and coerced with promises he could get his then-girlfriend out of trouble, and other concerns she said undermine the validity of the conviction. Broward prosecutors are continuing their investigation. A court hearing has not yet been scheduled.

Paula McMahon can be reached at pmcmahon@SunSentinel.com or 954-356-4533.

Copyright © 2009, South Florida Sun-Sentinel

Monday, September 14, 2009

Immigration Protections Sought For People With Mental Disabilities

By Shaun Heasley
For Disability Scoop
September 11, 2009

Xiu Ping Jiang has a history of mental illness and suicide attempts, but when she was picked up by immigration agents in Florida in 2007, the woman who fled China after being forcibly sterilized, was locked up and provided no assistance despite her obvious need for medical and legal help.

Jiang’s story is not uncommon, advocates say, among people with mental illness or low competency who get caught up in the immigration system. Often such individuals are left to languish in jails, like Jiang did, awaiting deportation with little understanding of what’s going on or why, all the while at risk of further deterioration of their mental state.

For her part, Jiang was only able to leave the jail after her sisters were able to secure a lawyer to represent her.

Now, a group of advocates, attorneys and mental health experts are asking Attorney General Eric Holder to afford individuals with mental illness and other disabilities protections in the immigration system similar to those they typically receive in other courts.

In a letter, the group of 77 said they would like to see a lawyer appointed for anyone with a mental disability and a guardian ad litem provided for anyone found to be mentally incompetent, reports The New York Times. To read more click here.

http://www.disabilityscoop.com/2009/09/11/immigration/4902/

Copyright © 2009 Disability Scoop, LLC. All Rights Reserved. For reprints and permissions click here.

Friday, September 11, 2009

NYC Filmmaker Sues to Shoot Wheelchair Tennis

The Associated Press
Tuesday, September 8, 2009

NEW YORK -- A New York City documentary filmmaker sued the U.S. Tennis Association on Tuesday, claiming it discriminates against wheelchair players by refusing to sell broadcast licensing rights to their matches.

State Supreme Court Justice Michelle Weston reserved decision on a request to allow Brooklyn filmmaker Alan Rich to record the wheelchair competition at this week's U.S. Open.

The wheelchair division, which features 20 of the top players, begins competition Thursday and ends Sunday.

Rich, a lawyer who is representing himself and seven handicapped players in the case, has been filming a documentary about the players called "Fire in the Belly." He said his immediate goal is to be permitted to film the competition and later argue in court over whether the footage can be used in his documentary.

He contends that because the major networks covering the tournament - CBS, ESPN and the Tennis Channel - do not cover the wheelchair events, he should be given the rights.

"No doubt, many of us in society are not comfortable watching amputees in wheelchairs play sports yet," Rich said in his court papers. "While I do not fault the broadcasters for doing what, at present, they view as commercially viable, the USTA cannot have a policy that has the result of discriminating against these outstanding athletes with disabilities."

USTA spokesman Chris Widmaier said his organization limits filming of matches to the three television companies that have contracts with them. He noted international television companies have separate agreements.

Widmaier also said that two years ago, the Tennis Channel aired the wheelchair finals competition live and produced a half-hour highlights show of the tournament.

"That's our policy," Widmaier said. "If Mr. Rich were to apply for a credential so he could capture some of the on-grounds experience and post-match interviews, we would consider that request as we do all other newsgathering requests."

Rich said he expected a ruling from the judge Wednesday.

» Links to this article

© 2009 The Associated Press

Thursday, September 10, 2009

Judge: New York ‘Adult Homes’ Violate Americans With Disabilities Act

By Michelle Diament
For Disability Scoop

September 8, 2009

New York state violated the Americans with Disabilities Act by leaving thousands of people with mental illness in large, segregated facilities resembling the psychiatric hospitals of yesteryear, a judge said Tuesday.

United States District Court Judge Nicholas Garaufis said that the 4,300 residents of such facilities were relegated to segregated environments with little hope of interacting with the community around them. Thus, the homes denied these individuals “the opportunity to receive services in the most integrated setting appropriate to their needs,” Garaufis said.

Currently, there are 44 so-called adult homes in New York City, 28 of which have over 120 beds each. Disability Advocates, the nonprofit which brought the lawsuit, said that individuals with mental illness should instead be placed in individual apartments or homes where their needs could be better met at similar cost. The state of New York insisted that the current set-up was sufficient.

However, the judge found the adult homes to be worse in some cases than the state-run psychiatric hospitals they replaced in the 1960s and 1970s. Specifically, Garaufis said residents have limited opportunities to practice the independent living skills they are supposed to be learning.

The judge is now asking the state of New York to submit a “remedial plan” by the middle of October as a step toward remedying the situation, reports The New York Times. To read more click here.

http://www.disabilityscoop.com/2009/09/08/mental-illness-lawsuit/4843/


Copyright © 2009 Disability Scoop, LLC. All Rights Reserved. For reprints and permissions click here.