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  • New law doesn't protect McCarver, attorney tells high court
  • Support for accessible voting lacking across country
  • LA advocates for community services settle suit
  • Cleveland State U students fight campus inaccessibility
  • Judge rules voting bans for those with guardians unconstitutional
  • CA high court says wife can't stop disabled husband's food, water
  • Bush DOJ wants Supremes to limit ADA for workers
  • Fear of isolation drives 'assisted suicides'
  • Opponents in golf case end up on golf course
  • MiCASSA enters Congress
  • Grizzlies Want Privileged, Not Disabled, To Get Seats
  • SC Olmstead Task Force says people want to live at home

    New law doesn't protect McCarver, attorney tells high court
    by Dave Reynolds, Inclusion Daily Express
    This article is reproduced here under special arrangement with Inclusion Daily Express Email News Service.

    RALEIGH, NC, Aug. 21 --Earlier this month, Governor Mike Easley signed a bill making North Carolina the 18th state with a death penalty that specifically forbids executions of convicts determined to have mental retardation. But Ernest P. McCarver's attorney, Seth Cohen, isn't breathing easily quite yet. More.


    Support for accessible voting lacking across country
    by Dave Reynolds, Inclusion Daily Express
    This article is reproduced here under special arrangement with Inclusion Daily Express Email News Service.

    Aug 20 --The following is a complete list of the states that plan to have fully accessible voting systems in place for the 2004 General Election: Maryland.

    That's right. Maryland.

    Eleven years after the Americans with Disabilities Act, and nine months after the infamous November 2000 "counting of the chads", Maryland is the only one of the fifty states that plans to have touch screen voting systems that will be accessible for its voters who have disabilities.

    Since the last election, commissions and task forces have been set up across the country to look at ways to prevent another election spectacle. So, it would be a good time to look at ditching the out-dated punch card system for another that makes sense for all eligible voters.

    But, according to some disability groups, even though the technology is available, little if any real attention is being given to making the process accessible. In fact, many election associations are looking toward an optical scanning system, that would still not be private for voters who do not read.

    This article from Stateline.org looks at what is and is not being done and how it appears the planners may be heading in the wrong direction: http://www.stateline.org/story.cfm?storyid=141905


    LA advocates for community services settle suit
    by Dave Reynolds, Inclusion Daily Express
    This article is reproduced here under special arrangement with Inclusion Daily Express Email News Service.

    BATON ROUGE, Aug. 17 --The Louisiana Department of Health and Hospitals on Thursday unveiled a proposal that would settle a year-old lawsuit filed by advocates for community-based services.

    Under the proposed settlement, the department would spend $118 million in state and federal funds over the next four years to expand home and community-based services for about 1,700 people with disabilities and seniors. If all goes as planned, four years from now no one will have to be on a waiting list for such services for more than 90 days.

    The suit was filed in April of 2000 on behalf of five people with disabilities who either were in nursing homes or were in risk of being moved into nursing homes. The plaintiffs had claimed that the state violated the Americans with Disabilities Act and Section 504 of the Rehabilitation Act by channeling 90 percent of its Medicaid dollars into "unnecessarily segregated settings" such as nursing homes.

    The proposed settlement has the approval of advocates for community services, according to this story from Friday's edition of The Advocate (online at http://www.theadvocate.com/news/story.asp?StoryID=23790)


    Cleveland State U students fight campus inaccessibility
    Angered that Cleveland State University Trustees have voted to spend up to a half million dollars on new "C" "S" "U" letters for the campus' tallest building when the campus lacks basic wheelchair ramps and Braille signs, students are planning a two-day demonstration Aug. 28 and 29 during "Welcome Week" for new students. "Disabled students are not welcome at CSU," say protest organizers. Protesters say University trustees refuse to even discuss putting disabled access ramps at the University Center or at the Main Classroom building.

    CSUohio.com, the campus student-run website, has taken up the issue. "We are now fighting for the rights of our fellow disabled and blind students." For more on the protest or to join a discussion online, go to CSUohio.com


    Judge rules voting bans for those with guardians unconstitutional
    by Dave Reynolds, Inclusion Daily Express
    This article is reproduced here under special arrangement with Inclusion Daily Express Email News Service.

    BANGOR, MAINE, Aug. 13, 2001 --A federal judge has ruled that three women with mental illness in Maine cannot be denied the right to vote just because they are under guardianships.

    U.S. District Judge George Singal, in a 42-page ruling released Friday, struck down a 1965 state law that had made it illegal for people under guardianship by reason of mental illness to vote. Singal determined that Maine's law violated the Americans with Disabilities Act and the Fourteenth Amendment to the U.S. Constitution.

    Maine's Disability Rights Center filed a lawsuit in October on behalf of the women who claimed that the state unfairly singled out them out because of their mental illness, without even determining whether or not they were able to understand the voting process.

    The ruling could be important for people in other states as well: As many as 43 have similar laws that keep people with disabilities from voting.


    Robert Wendland case
    CA high court says wife can't stop disabled husband's food, water
    by Dave Reynolds, Inclusion Daily Express
    This article is reproduced here under special arrangement with Inclusion Daily Express Email News Service.

    SACRAMENTO, Aug. 9, 2001--The California Supreme Court ruled today that a court-appointed conservator cannot order life-giving food and water withheld from a conscious patient, unless "clear and convincing evidence" proves that the patient wanted to die under those specific circumstances. More.


    Bush DOJ wants Supremes to limit ADA for workers
    Aug. 8, 2001 --The Justice Dept. filed a brief in June siding Toyota Motor Corp. in its Supreme Court fight against a worker who sued under the Americans with Disabilities Act when the company refused to accommodate her repetitive-motion injury. National rights groups say this brings into question how much the Bush adminstration really supports the ADA. More from the Aug. 7 Washington Post.

    More on the case

    Fear of isolation drives 'assisted suicides'
    by Dave Reynolds, Inclusion Daily Express
    This article is reproduced here under special arrangement with Inclusion Daily Express Email News Service.
    LONDON, ENGLAND, Aug 6, 2001--Over the last few years, groups like Not Dead Yet that oppose legalizing euthanasia or physician-assisted suicide have said that people choose such deaths not because they are afraid they will suffer from pain but because they are afraid of becoming dependent on others.

    A study published last week in the medical journal Lancet goes a step further. It suggests that patients consider assisted suicide as a way to limit a "loss of self" brought on by a perceived loss of community.

    In the study, HIV/AIDS patients were interviewed about their feelings regarding assisted suicide. Those who responded that they had considered that form of death, said they felt it was a way to limit "loss of self". This loss of self resulted not only from their symptoms and decreased physical functioning, but also from a loss of community, and the patient's "inability to initiate and maintain personal relationships".

    Put simply, they would rather die than face isolation and loneliness.

    "The complexity of loss of self suggests why simpler explanations, such as pain, depression, or high-control personality, each fail as individual explanations for the desire for assisted suicide," wrote Anthony L. Back and Robert A. Pearlman, of the University of Washington, in the accompanying commentary.

    Researchers added that places where physician-assisted suicide is legal, such as the Netherlands, a patient's sense of isolation and loss of self is rarely taken into consideration.


    Opponents in golf case end up on golf course
    by Dave Reynolds, Inclusion Daily Express
    This article is reproduced here under special arrangement with Inclusion Daily Express Email News Service.
    DETROIT, Aug. 7 --On Monday, attorney Saunders Dorsey, 48, was set to argue in court that four courses the American Golf Corp. operates in Detroit are not accessible for people with disabilities. Thomas Houston, 60, a golf-cart manufacturer, was set to testify for the defense.

    But the case was settled before trial.

    The two started talking, and before long they were going up against each other for nine holes on a local course.

    "This is the first time I have ever played another handicapped guy in my life," Dorsey told the Detroit Free Press. "There was a lot of pressure on me, a lot more pressure than when I played able-bodied guys."

    As to who won, just ask Dorsey.

    "He's got to brush up on his short game," Dorsey said of his opponent.


    Medicaid Community Attendant Services and Supports Act enters Congress
    Aug. 2, 2001 -- The Medicaid Community Attendant Services and Supports Act has been introduced in Congress by Sens. Tom Harkin (D.-IA), Kennedy (D-MA), Hillary Rodham Clinton (D.-NY), Joseph Biden (D.-DE ) and Arlen Specter (R.-PA), to ensure Medicaid funding is used for personal assistance services and supports. More


    Grizzlies Want Privileged, Not Disabled, To Get Seats
    by Dave Reynolds, Inclusion Daily Express
    This article is reproduced here under special arrangement with Inclusion Daily Express Email News Service.
    MEMPHIS, Aug. 2, 2001 --If the National Basketball Association's Memphis Grizzlies have their way, an area on the floor of The Pyramid that is currently reserved for people with disabilities will give way to prime seating for people willing to pay up to $350 a ticket.

    But they first have to deal with the University of Memphis Tigers, who call The Pyramid home, along with the man who sued the facility years ago in order to make it comply with the Americans with Disabilities Act. Details at the Memphis Grizzlies website.


    SC Olmstead Task Force says people want to live at home
    by Dave Reynolds, Inclusion Daily Express
    This article is reproduced here under special arrangement with Inclusion Daily Express Email News Service.
    COLUMBIA, SC, Aug. 2, 2001 --"Disabled Say They Prefer Life At Home," was the headline from Columbia's newspaper, The State. The story reported that South Carolina's Home and Community Based Services Task Force has completed a draft report on the current status of community services in the state, along with recommendations for filling gaps in such services. The Task Force is the state's response to the 1999 U.S. Supreme Court decision in Olmstead versus L.C., which ruled that institutionalizing people with disabilities "unnecessarily" was a form of discrimination under the ADA.

    The task force is now holding a series of meetings for public comment; a final report will be delivered to Gov. Jim Hodges next month.

    Read the story from The State

    The draft report is available at the very bottom of the South Carolina Developmental Disabilities Council webpage. The National Conference of State Legislatures' status report on how states are responding to the Olmstead decision was updated in March 2001.

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