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HomeMy WebLinkAboutCommission On Disability - Minutes - 06/09/2005Commission On Disability Minutes 2005 June Regular Meeting Council Information Center, City Hall Building, 300 LaPorte Ave. June 9, 2005 Approved In July 2005 Regular Meeting Attendance: City Staff Liaisons: Guests: Peggy Graff Steve White Lisa Schell — First Call Jeff Harris Rachel Palmer Pat Going — Rocky Mountain Steve Rierson ADA Susan Williams Mark Beck Melinda Suits Jerry Patterson Laura Burnett Call to order,12:20 P.M., Susan Williams, Chairperson Motion: to approve the 2005 May Regular Meeting Minutes By: Jed Second: Steve IL Corrections: NOD Melinda — the intent was not to have everyone write up their own section, just submit bullet points. Approved by voice vote Susan: We do the Mayor's Awards every year which is designed to raise awareness in the community, how can we be more effective in reaching the community? Pat G.: I brought a lot of materials, we have a lot of good guidance material. So, instead of a bunch of people working to hard to create all of this from scratch and often muddying the waters, we should all use the resources that are already available. Pat's office is fimded by U.S. Department of Eduction For ADA questions, there is a 1-800 number available, 1-800-9494232 We are available to Co -present materials with you, if desired for various events. What is not covered ADA? Residential Housing - Covered under Fair Housing Act Churches Hospital owned by church (entities under religious control) There are a lot of laws that protect people with disabilities. (pamphlet handed out covering laws - A Guide to Disability Rights Laws USDOJ, Civ. Rights) Other things that are not covered: Indian tribes not covered Private clubs Post office (covered under the rehab act of 1973) DoD, GSA... ADA pushed basically pushed the rehab act to state and local governments and private business Cancer Society and United Way are covered under ADA. They are private businesses even though they are not for profit. The Americans with Disabilities Act is Civil Rights Legislation — so the intent is equality, not special rights. Reasonable accommodation for employees, so they can be given the chance to be productive employees. ADA has two main subjects: 1) Employment 2) Access, buildings Private business - 15 or more employees for reasonable accommodation for employment, barrier removal (Title 3) still applicable. Why 15 or mere? Small businesses feared that the ADA would establish another government bureaucracy that they would be required to comply with, as OSHA. Title 2 entities - State and local governments. Any entities that receive tax dollars, e.g., counties and public schools (not private schools). Steve W: Churches do not need to comply, but city building codes push them in that direction. Pat: Yes. Also, the ADA gave rise to accessibility guidelines the ADADG. The ADADG is not a building code. However, building code officials have used the ADADG to create a code that meets ADA requirements. In 2005, most building codes are in line with ADADG. Seeping requirements: percentage of parking spaces for example, require that there be 1 handicapped accessible space for every grouping 25 spaces. So, if there were 26 spaces, ADA would require 2 handicapped spaces. Rocky Mountain ADA gets numerous calls from churches for getting the ADADG, even though they are not required A new set of guidelines from the, ADVABA, are in public review for updating the ADADG. We are probably still about 1 year away from getting that released from the U.S. Department of Justice. The new guidelines are available from www.acecss-board.gov. However, note that they are not yet the official guidelines, so if you're answering a question about what ADA requires or recommends, use the current, released version of the ADADG. Two most popular materials for employment rights and responsibilities ( "ADA: Your Responsibilities as an Employer" and "ADA: Your Employment Rights as an Individual with a Disability") There are financial ramifications for not complying with ADA. The EEOC is a first good contact point if you think there's been a violation. If in doubt, start with USDOJ www.adaportal.org - portal made by Pat's organization. Really dependent on knowing the right keyword Standard keywords available in menu. Search terms like DOJ, Job accommodation network, etc. HUD has a different standard for service animals than ADA which is cause for some confiusion. HUD has a broader definition that includes therapeutic pets. Animals Required to be under control, no special privileges are granted to the animals. Seizure alert dogs very nebulous and has been abused- (Poster handed out - "service animals welcome") Remind business population getting older. 60+ has 2x disposable income (Postcard handed out. "Good access is good business") Drive -by lawsuits scams — Example: A person with a disability has employed an attorney and they see that they have three steps to door and file complaint with the business. The complaint will state that the business can settle if the send a certain dollar amount and the complaint will not be perused. This is not goad for the ADA and if is abused even more could cause a backlash against the ADA. By 2005, barriers that were easily removed, were removed. Drive -by causes people getting mad at ADA and could cause an unfavorable ADA re -write Susan: When is it a drive -by lawsuit? I have made a complaint against 2 hotels because there are no accommodations. Pat: That is legitimate. Enforcement starts with individual because it's civil rights legislation. Also, you didn'ttry to get them to "settle" out of court for cash. Jeff: You can't just give employers a whole book of rules that they have to follow, Colorado is an "at -will hire" state. Is there some kind of strategy where we can educate employers without asking job seekers to attempt to educate potential employers of their responsibilities? Pat: ADA is not affirmative job action. That is the most important thing to remember. The point is that we don't want someone disqualified because of something like a disability or skin color. We have handouts that talk about strategies for this sort of thing. Jana Copeland from the Rocky Mountain ADA office has really distilled down employment strategies Lisa S: Say that someone gets hired with a disability, and then uses a different excuse to fire that person event though it is really because of their disability. Pat: Is that illegal? Yes. But it's hard to prove. Federal law still applies. 800 669 4000 To file a complaint in this regard, call the EEOC at 1-800-669-4000. You have to be able to say that you were fired for having a disability. Also notable is that as much as we get preoccupied with disabled job seekers, ifs often people that had a pre-existing jobs before they became disabled that are discriminated against. Lisa S: FirdCaI1211 Often get calls from people that become disabled that are then let go. Pat: One of the best things our office can do is be a sounding board. Sometimes we can help talk through the situation. Postcard "Good access is good business" - tips on the back may or may not be helpful as a starting point for educating a proprietor that their business is not accessible. Post card in large size as poster. Remember to accentuate the positive! It is much more effective. Get businesses to put this checklist (handout - "checklist for existing facilities", USDOJ) on their clipboard. The checklist is for existing buildings. Let them know you're a resource, not the ADA cops. ("ADA Quiz Book" mentioned) The quiz book is a great resource for conducting training in away that isn't just a boring recitation of the ADA facts. Jeff: It's presented in a non-threating way, that's what I was getting at earlier. Pat: This booklet is good for in-service training, for example. Hotels - (two handouts) DOJ Checklist for new lodging and (two handouts pamphlets) BBB - retail, medical Susan: Why aren't medical offices more accessible? It seems that of all places they should be the most accessible and oftentimes they are not. One of the biggest problems is the doors being too heavy Pat: Doors must be manageable. That is just common sense. If they are not, a person could get injured just attempting to get in. Laura: Manageable doors is good for business too, it makes the business inviting Melinda: What about liability issues? It seems that heavy doors may make it Baser for someone to hurt themselves. Steve: Is there one packet that we could give out as a standard resource for public education? Pat: No. There's too many different things and new items. But there are lots of different resources that could be put into a packet geared toward a specific issue. (pamphlet - "Taking Action", United Spinal Association) This pamphlet is a good resource for how to advocate, and how to not bum bridges There are over -sized business cards ("Disability Etiquette Tips", Rocky Mountain Disability and Business Technical Assistance Center) and a pamphlet ("Disability Etiquette", United Spinal Association) on disability etiquette that are good as a generic starting point for public education. ("Great grips" products handed out) — This is a rubber piece that goes on round door knobs that can help people with limited hand/arm mobility to open doors. Laura: Do you have finding available? Pat: We could help with small things like helping with refreshments for informational meetings, but we can't do big amounts. (Showed "Sign Language Basics" posters and "Sign Language Basics" adapted for medical environments. We want to help you working in the community and we've found that posters like these are very useful. Laura: Should the COD consider purchasing business cards each member? Pat: Even if they're not personalized, you should have something like that with the basic info on it. If someone uses a handicapped parking placard issued for someone else, what can do you do about that? You could write a citation. The City of Fort Collins promotes citizen citations too address these problems. Pat: What is the only thing that is reserved for a handicapped person? Parking, but not bathroom stalls, etc. Really, just parking Make sure you tell people when you see them doing it right not just when they are doing it wrong. Susan: Months ago we talked about giving out certs. Several places have all received cerls. from the COD commending them for going above and beyond Letter Susan sent to us that will go to City concerning Dial -A -Ride services Peggy takes issue with the letter because it sounds more like special rights rather than equal rights. Laura: The regular Transfort buses ride at night? Mark: The night fixed routes might be cancelled. Laura: I see where Peggy is coming from. Peggy: I don't know if it makes sense. Steve W: Should the letter be reworded to ask to keep fixed route services as well to make it fair? Mark: The letter, as it stands, requests continuing service even if fixed routes are cancelled. Where does the letter go? City council and Tan Fraizer. Jerry: It may be requesting special rights, but the job of this commission is to advocate for people with disabilities. As advocates, we are requesting that a service that is necessary for some people with disabilities to use to continue in independent living. Motion: to accept the letter as written and send it to Tom Fraizer and The Council. By: Mark, second: Laura Passes on voice vote Maureen Boyt She has not been to meeting for three times in a row. Susan and Jerry haven't been able to get information back from her. The by-laws terminate her membership. NOD A handout was passed out that discussed The City of Pasadena's application to last year's NOD comparing it to Fat Collins. Motion: to adjourn. By: Jerry, second Susan Mark: PHA is seeking $12,000to make a video and wants to ask the city for help. Approved on voice vote Adjourned,1:54 pm