at , Colorado Springs, 80901 United States
A LIST OF ADA VIOLATERS / ACCESS, INTEGRATION, AND INCLUSION ADVOCATES / ADA AND SECTION 504 INFORMATION / 719.357.5898
251 FB users likes Stephen's List, set it to 4 position in Likes Rating for Colorado Springs, Colorado in Community organization category
Over 90% of #disabilities are invisible. People with disabilities (#PWD) is the largest minority group in the country.
Some people think that only new construction and alterations need to be accessible and that older facilities are “grandfathered,” but that’s not true. Because the ADA is a civil rights law and not a building code, older facilities are often required to be accessible to ensure that people with disabilities have an equal opportunity to participate.
Noticeable rates of #disability are increasing due to population aging and increases in chronic health conditions
About 1 in 5 people in America currently has a #disability.
City of Trinidad, #CO, will you ever care more for your #senior & #disabled citizen's needs than you do about revenue from marijuana sales?
The City of Trinidad, #CO cares more about revenue from marijuana sales then it does about the needs of its #seniors and #disabled citizens.
.#Accessibility of doctors' offices, clinics, and other health care providers is not only required by law, but is essential in providing medical care to people with disabilities. Due to barriers, individuals with disabilities are less likely to get routine preventative medical care than people without disabilities. Accessibility is not only legally required, it is important medically so that minor problems can be detected and treated before turning into major and possibly life-threatening problems. The Americans with Disabilities Act of 1990 (ADA) is a federal civil rights law that prohibits discrimination against individuals with disabilities in every day activities, including medical services. Section 504 of the Rehabilitation Act of 1973 (Section 504) is a civil rights law that prohibits discrimination against individuals with disabilities on the basis of their disability in programs or activities that receive federal financial assistance, including health programs and services. These statutes require medical care providers to make their services available in an accessible manner. This technical assistance publication provides guidance for medical care providers on the requirements of the ADA in medical settings with respect to people with mobility disabilities, which include, for example, those who use wheelchairs, scooters, walkers, crutches, or no mobility devices at all. The ADA requires access to medical care services and the facilities where the services are provided. Private hospitals or medical offices are covered by Title III of the ADA as places of public accommodation. Public hospitals and clinics and medical offices operated by state and local governments are covered by Title II of the ADA as programs of the public entities. Section 504 covers any of these that receive federal financial assistance, which can include Medicare and Medicaid reimbursements. The standards adopted under the ADA to ensure equal access to individuals with disabilities are generally the same as those required under Section 504. Services and Facilities Both Title II and Title III of the ADA and Section 504 require that medical care providers provide individuals with disabilities: + full and equal access to their health care services and facilities; and + reasonable modifications to policies, practices, and procedures when necessary to make health care services fully available to individuals with disabilities, unless the modifications would fundamentally alter the nature of the services (i.e. alter the essential nature of the services). The ADA sets requirements for new construction of and alterations to buildings and facilities, including health care facilities. These requirements are found in the regulations for the ADA, at 28 CFR 35.151, for Title II entities and at 28 CFR Part 36, Subpart D, for Title III entities. The regulations are available at www.ada.gov/reg2.htm and www.ada.gov/reg3a.html. In addition, all buildings, including those built before the ADA went into effect, are subject to accessibility requirements for existing facilities. Under Title III, existing facilities are required to remove architectural barriers where such removal is readily achievable. Barrier removal is readily achievable when it is easily accomplishable and able to be carried out without much difficulty or expense. If barrier removal is not readily achievable, the entity must make its services available through alternative methods, if those methods are readily achievable. Under Title II, a public entity must ensure that its program as a whole is accessible; this may entail removing architectural barriers or adopting alternative measures, such as relocating activities to accessible locations. This same program accessiblity standard applies under Section 504. http://www.ada.gov/medcare_mobility_ta/medcare_ta.htm
U.S. DEPARTMENT OF JUSTICE TO INVESTIGATE THE CITY OF TRINIDAD, #CO FOR VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT. Today, Stephen Hamer of Stephen's List received the following letter from the U.S. Dep't of Justice (Note: A copy of his original ADA complaint can be found below.): U.S. Department of Justice John F. Walsh United States Attorney District of Colorado 1225 Seventeenth Street, Suite 700 (303) 454-XXXX Seventeenth Street Plaza Fax: (303)454-XXXX Denver, Colorado 80202 November 20, 2014 Via U.S. Mail Stephen Hamer Post Office Box 946 Trinidad, CO 81082 RE: Your Americans with Disabilities Act Complaint Against the City of Trinidad Dear Mr. Hamer: The United States Attorney's Office for the District of Colorado was recently forwarded a complaint that you made in April 2014 to the Disability Rights Section of the Civil Rights Division of the U.S. Department of Justice. I am writing to inform you that our office is opening an investigation into your complaint. If you are still interested in pursuing your complaint, please contact me at your earliest convenience. I can be reached at (303) 454-XXXX or via e-mail at (email address withheld). If I do not hear from you within 14 days, I will close the file. Sincerely, -------/s/------- Name of Assistant U.S. Attorney Assistant U.S. Attorney COPY OF STEPHEN HAMER'S 29 APRIL 2014 ADA COMPLAINT: 29 April 2014 US Department of Justice 950 Pennsylvania Avenue, NW Civil Rights Division Disability Rights Section – 1425 NYAV Washington, D.C. 20530 To Whom It May Concern: This is a complaint against the City of Trinidad, Colorado. By this email, I request the US Department of Justice to investigate violations of the Americans with Disabilities Act (ADA) as outlined herein. The City of Trinidad (City), Colorado has around 160 full-time employees plus 20 seasonal part-time employees during the summer months. The City of Trinidad, CO (1) has no designated employee to coordinate its efforts to comply with or carry out its responsibilities under the ADA; (2) has no appointed official to investigate ADA complaints brought forth by citizens alleging ADA noncompliance; (3) does not have any kind of grievance procedure to address ADA complaints; and (4) to my knowledge, The City has never conducted a self-evaluation of its services, activities, programs, and facilities for ADA compliance or developed any kind of ADA transition plan. Based upon my informal resolution attempts and discussions with various city officials, I have formed the opinion that the City has no good faith intention whatsoever of implementing or correcting any of these issues. I am 64, a senior citizen, and disabled. I have a severe mobility disability caused from acute ankle problems. It is extremely difficult and painful for me to ambulate, stand, or walk. In order for me to stand or walk the shortest of distances, I must rely on bilateral canes for balance and assistance, at all times. I must wear doctor-ordered, custom-made, knee-high neuropathic walker cast ankle-foot orthosis (AFO). My disability requires me to use either my power wheelchair or mobility scooter for ambulation indoors and outdoors. To get around town, I must rely on my power chair or mobility scooter. This is an old City. There are no sidewalks in many parts of the City. There are a few ramped curb cuts in the immediate Downtown area. Often, in many intersections of the City, there is only one curb cut at a four corner intersection or no ramped curb cuts at all. Then there is this problem. One end of a block will have a ramped curb cut; the other end of the block does not. I live on a corner lot. There is a nice ramped curb cut but no sidewalk in front of my house. Sidewalk obstructions and barriers abound in all parts of the City. There are blocks where both ends of the block have curb cuts, but there are physical barriers or obstructions on the sidewalk that make passage in a wheelchair impossible. This forces me and other wheelchair users out onto the street. In the absence of accessible sidewalks, or when there are sidewalk obstructions or barriers, I traverse as far to the right as possible on a roadway. Twice, during daylight hours, the Trinidad Police have threatened to write me a ticket for impeding or obstructing traffic for being on the roadway . The City of Trinidad's Police Department refuse to modify their policy to accommodate individuals with disabilities in wheelchairs by permitting them to use roadways in the absence of sidewalks or when there are sidewalk barriers. The ultimate consequence is that the Police punish and harass disabled victims for the City's discrimination. Note: Either I wear reflective vest or display a large commercial reflective triangle on the back of my wheelchair. The City of Trinidad has a City Hall and a separate City Annex Building located next door to City Hall. The annex building appears relatively new. However, the City Annex Building is not accessible to me because the only entrance threshold is 1.75 inches. This high threshold acts as a chock to the front wheels of my wheelchair and/or mobility scooter. The Administrative Offices for public officials of the City are located in the old City Hall Building. Every door to every office, including the Office of the City Manager, is too narrow for any sized wheelchairs. Persons with disabilities in wheelchairs must shout through doors to attract attention. I have been denied City services because City employees tell me that they cannot leave their desks to meet me in some area that might be accessible. In other words, the City has no plan to provide alternative services when there are physical barriers for the disabled. The City Hall's elevator is generally accessible. The only area of City Hall that is accessible to wheelchairs is Council Chamber, but there is no designated seating area for wheelchairs. According to a City Fire Department sign, seating capacity is limited to 45. City Council Meetings exclude persons with disabilities in wheelchairs because City Council meetings are always held at times when paratransit is unavailable. City Council refuse to modify their policy on this issue so disabled wheelchairs can participate in their government process. All City Hall public restrooms are not accessible. The City has built what could be accessible restrooms in some of its parks if they were ramped. The problem is that these restroom facilities are located on concrete slabs 4.00 or more inches above the ground. There is no ramping to the restrooms. This renders the otherwise accessible restrooms unusable and inaccessible to individuals in wheelchairs, on mobility scooters, and with other mobility aids. There is not a single picnic table in this City that is accessible to individuals in wheelchairs, on mobility scooters, and with other mobility aids. Every service, every program, and every activity for every department of The City of Trinidad fails to comply with the ADA. City officials seem to refuse to identify and fix problems that prevent people with disabilities from gaining equal access to the City's programs, services, and activities. City officials have never conducted an accessibility survey of their buildings and facilities to identify and remove architectural barriers to access. There are several people besides me who must rely on wheelchairs to traverse this City. We all experience the same kinds of problems outlined above in our daily lives. I have talked to other people in wheelchairs who are afraid to leave their homes because of anticipated police harassment and intimidation for having to use roadways just to try and live a basic and simple life. As a matter of fact, every day that goes by, there is some City service, program, activity, or facility that discriminates against me and other persons with disabilities. I/We need the help of the U.S. Department of Justice to try and end the discrimination caused by the City of Trinidad, Colorado due to the City's two-decade willful failure to comply with the ADA. Thank you for your attention to my complaint. I will look forward to hearing from you. Sincerely, Stephen D. Hamer Post Office Box 946 Trinidad, CO 81082 Mobile Phone: (719) XXX-XXXX Home Phone: (719) XXX-XXXX Email: email@example.com Skype: sdhamer
Our older population (65+) numbered 40.4 million in 2010, an increase of 5.4 million or 15.3%
An innocent blind man was shot in the back with a 50,000-volt Taser by police in England after they mistook his white walking cane for a samurai sword. Colin Farmer, 61, was hit after reports of a man walking through his neighborhood early on Friday evening, with a sword. He said he initially thought he was being attacked by hooligans when he was struck by the Taser.
The U.S. Department of Education announced today the award of more than $12.8 million in grants to help improve services and results for students with disabilities.
According to the best evidence, approximately half of individuals killed by police are people with disabilities (#PWD).
Did you know that more people view Stephen's List each day than subscribe to the Chronicle daily?
Did You Know That Legal Enforcement of the #ADA In American Indian and Alaska Native Communities Is Unclear. Here's why. Federal laws designed to protect people with disabilities are not always enforceable against tribal governments because of the sovereign immunity and sovereign status of tribal governments. This does not mean that all enterprises located on tribal lands are exempt from federal laws, only that tribal governments are unique. Many tribes have opted to adopt their own ordinances and codes to protect Indian people with disabilities within the tribal system.
The Promise of the Americans With Disabilities Act for People With Mental Illness This viewpoint discusses the obstacles that America must overcome to achieve the ADA’s vision of opportunity and community inclusion for individuals with mental illness. When Congress enacts civil rights laws, like the Voting Rights Act enacted in 1965, it adopts principles that represent US ideals and our best selves. When it enacted the Americans with Disabilities Act (ADA) in 1990, among the principles it adopted was a commitment to include all individuals with mental illness, including serious mental illness, in the mainstream of society. --Stephen
People in the United States are profoundly uncomfortable with people who have disabilities, especially significant or visible disabilities. This has led, consciously or unconsciously, to health care, housing, and employment that segregates people with disabilities from the rest of society. Even when that segregation costs the government and taxpayers more money than integration would cost, the predisposition to keep people with disabilities away from public view has been a guiding force in the structure of society and government-funded programs. --Stephen
On July 30, 1965, President Johnson signed legislation to establish #Medicare for the elderly and #Medicaid for low-income adults, children, pregnant women, and people with disabilities.
Fact: #Medicare and #Medicaid cover nearly 1 out of every 3 Americans - more than 100,000,000 people.
Curb cuts Lack of accessible curb ramps People use sidewalks every day to get to school, work, and visit a city. Curb cuts allow people with mobility disabilities to safely get on and off these sidewalks. They also help people navigate the city when they’re using bikes, strollers, luggage and other items that roll on wheels. However, many cities and towns have sidewalks that have bad or missing curb cuts. Because of a lack of accessible curb cuts, people with mobility disabilities cannot equally and safely enjoy a city. When confronting a curb that is either missing or poorly constructed, people with mobility disabilities are forced to endanger their lives and travel out into traffic until they can find a way to get up on the sidewalk. The lack of accessible curb cuts excludes people with mobility disabilities from accessing the services and programs of a city and violates their basic civil rights. The Americans with Disabilities Act (ADA) requires cities and towns to install and repair curb cuts. Cities and towns have had 25 years to make sure sidewalks are safe and accessible place for all people - including those with mobility disabilities. It’s time we demand that deliver on this promise of equality.
CO's older population grew faster than Nation's from 2010-2014, 5.2% versus 3.4%, & projected to continue to grow faster through 2030!
WELCOME HOME STEPHEN - Parkview Hospital Stephen, is safely back from the hospital after suffering acute renal failure last week. Stephen thanks all his followers, supporters, colleagues and friends for their support during this difficult time.
Stephen's List Quote of the Day: And those who were seen dancing were thought to be insane by those who could not hear the music. ~Friedrich Nietzsche
.#DYK that a Maine mayor is proposing a controversial name-and-shame strategy for welfare recipients?
Relief Is In Sight For Service Animal Relief Areas At Airports ... Here's The New Federal Reg § 27.71 Airport facilities. (h) Service animal relief areas. Each airport with 10,000 or more annual enplanements shall cooperate with airlines that own, lease, or control terminal facilities at that airport to provide wheelchair accessible animal relief areas for service animals that accompany passengers departing, connecting, or arriving at the airport subject to the following requirements: (1) Airports must consult with one or more service animal training organizations regarding the design, dimensions, materials and maintenance of service animal relief areas; (2) Airports must establish at least one relief area in each airport terminal; (3) Airports must establish the relief area required by paragrah (h)(2) of this section in the sterile area of each airport terminal unless: (i) The Transportation Security Administration prohibits the airport from locating a relief area in the sterile area, or (ii) A service animal training organization, the airport, and the carriers in the terminal in which the relief area will be located agree that a relief area would be better placed outside the terminal's sterile area. In that event, the airport must retain documentation evidencing the recommendation that the relief area be located outside of the sterile area; and (4) To the extent airports have established service animal relief areas prior to the effective date of this paragraph: (i) Airports that have not consulted with a service animal training organization shall consult with one or more such organizations regarding the sufficiency of all existing service animal relief areas, (ii) Airports shall meet the requirements of this section August 4, 2016. (i) High-contrast captioning (captioning that is at least as easy to read as white letters on a consistent black background) on television and audio-visual displays. This paragraph applies to airports with 10,000 or more annual enplanements. (1) Airport operators must enable or ensure high-contrast captioning at all times on all televisions and other audio-visual displays that are capable of displaying captions and that are located in any gate area, ticketing area, first-class or other passenger lounge provided by a U.S. or foreign carrier, or any common area of the terminal to which any passengers have access and that are owned, leased, or controlled by the airport. (2) With respect to any televisions and other audio-visual displays located in any gate area, ticketing area, first-class or other passenger lounge provided by a U.S. or foreign carrier, or any common area of the terminal to which any passengers have access that provide passengers with safety briefings, information, or entertainment that do not have high-contrast captioning capability, an airport operator must replace or ensure the replacement of these devices with equipment that does have such capability whenever such equipment is replaced in the normal course of operations and/or whenever areas of the terminal in which suchequipment is located undergo substantial renovation or expansion. (3) If an airport installs new televisions and other audio-visual displays for passenger safety briefings, information, or entertainment on or after October 5, 2015, such equipment must have high-contrast captioning capability.