BayLines
Summer/Fall, 2011
![](3D"BayLinesSummerFall2011_files/image002.jpg")
Bay
State Council of the Blind
57
Grandview Avenue
Watertown,
MA 02472
Phone:
617-923-4519
President:
Bob Hachey
22
Grant Street
Waltham,
MA 02453
Phone:
781-893-6251
e-mail:
bhachey@verizon.net
Editor:
Steve Dresser
167
Green Street
Reading,
MA 01867
Phone:
781-944-3586
e-mail:
s.dresser@verizon.net
Assistant
Editors: Jerry Berrier, Sharon Strzalkowski, Marcia Dresser, and Judy Savag=
eau
"BayLines"
is published four times per year in large print, audio cassette, via e-mail,
and on the web. Please contact the editor if you wish to request a change of
format. Deadlines for receiving material are February 15, May 15, August 15,
and November 15.
BSCB E-mail Lis=
ts:
BSCB-L
is an open and unmoderated e-mail list for discussion of topics of interest=
to
BSCB members and friends. To subscribe, send e-mail to bscb-l-subscribe@acb.org.
BSCB-ANNOUNCE
is a moderated one-way e-mail list used to disseminate pertinent announceme=
nts
to members and friends of the Bay State Council of the Blind. To subscribe,
send an e-mail request to: jerry@bir=
dblind.org.
Table of Contents
BSCB Position Re: Paratransit
Services
Disabled People with Service D=
ogs
Turned Away from Dedham Restaurant
ADA Turns 21 - Still Work to b=
e Done
ITNGreaterBoston -- Dignified
Transportation for Seniors
They’re Serving a Need, =
with
Aplomb: Volunteers Teach Tennis to Blind.
From =
the
Editor
I’m
always amazed at how quickly the summer passes, but this year it has gone b=
y at
warp speed. Despite the tease=
of a
hot Memorial Day weekend, the whole month of June felt like early April, and
when the heat returned, it was July, and time for the annual ACB national
convention. As always, the co=
nvention
was interesting and exhausting, and the ten days we spent in Reno seemed to
pass in a heartbeat. By the t=
ime we
got back from the convention, half of July was history. Now it’s November, summer is=
over,
and it’s time to get back to work.
Often,
it is very difficult to measure the progress of accessibility. Congress passes a law such as the =
ADA,
or more recently the Twenty-first Century Communications and Video
Accessibility Act, and we say to ourselves and each other, “Ah, at la=
st
we’re getting somewhere!”
Then time passes, and we hear promises that the changes we want will=
be
here soon, and nothing happens.
Watch this happen a few times, as I have, and you start to wonder if
you’re winning or losing the battle.=
So I was pleasantly surprised to learn that the FCC is requiring cab=
le
providers to have audio description in place by July 1, 2012. Now that we have another ally in t=
he
battle, it’s more important than ever that we urge our cable and sate=
llite
providers to make this service available to us as soon as possible. After all, we pay for our service =
just
like everyone else, and without audio description, we are certainly not get=
ting
the full benefit of the service we pay full price for.
In
the last issue of BayLines, I was delighted to read about plans to f=
orm
a North Shore chapter of
--Steve
Dresser, Editor
President's Message=
by Bob Hachey
Welcome
to the 2011 fall edition of BayLines. Here's hoping that all of you had t=
he
chance to enjoy the mostly nice summer weather we had this year. Now that fall is here and the Red S=
ox
have reverted to earlier form, it's time to get back to business.
Save the dates!
The
BSCB Fall Conference will take place on Saturday, November 19 at the soon-t=
o-be
opened Grousebeck Technology Center at Perkins School for the Blind. The center is located at 55 Beechw=
ood
Avenue in Watertown. This new
facility will allow Perkins students, as well as the blind community in gen=
eral,
to take advantage of state-of-the-art technologies, including a broadcast
studio and music center. The
conference will include workshops featuring some of this new technology.
The
2012 BSCB Spring Convention will take place on the weekend of Saturday, Mar=
ch
24, at the Hilton Hotel in Woburn, MA. Note that this is a slightly larger=
hotel
than the ones we've used recently, and that it offers state-of-the-art
convention facilities. Please=
let
us know of any ideas you may have for speakers and topics you'd like us to
consider as we look forward to planning the convention.
I
have three items on the advocacy front. The first is a general recommendati=
on for
all of you. I strongly encour=
age
all of you to get familiar with your local officials. This can range from contacting mayo=
r's
offices, city councilors and selectmen to joining local municipal commissio=
ns
on disability. By developing =
such
relationships, you will more easily be able to advocate for things like acc=
ess
to a secret ballot, installation of audible pedestrian signals, and clear a=
nd
safe sidewalks. Also, local
communities often make decisions regarding transportation.
My
second item relates directly to transportation. Very recently, Governor Patrick cre=
ated a
paratransit commission which is charged with developing plans to cut paratr=
ansit
costs which have grown rapidly over the past few years. In particular, the
Third,
a quick note on budgets. As m=
any of
you know, state and federal budgets continue to be very tight. I am very concerned that we may see
proposed budget cuts next year that will make past cuts look like small
potatoes. BSCB along with all=
of
the other local consumer and provider organizations will once again sponsor=
a
legislative advocacy day in 2012 and we will need support from each and eve=
ry
one of you to fight for services from organizations such as MCB, the Braille
and Talking Book Library, the MBTA, and others.
Finally,
there have been recent discussions on our email list regarding transportati=
on
services. Some members believ=
e that
BSCB ought to make small financial donations to transit authorities such as=
the
In Memoriam: Phyllis
Mitchell
by Kathy Devin<= o:p>
I
have known Phyllis Mitchell since we were little girls together at
Perkins. Even then, Phyllis w=
as
always a leader. She had some vision in those days, and liked to help=
the
smaller children get around the campus. I was two grades behind her in
school.
Phyllis
loved sports, and when we got to upper school (seventh grade), Phyllis was
active in swimming and track. She
was also a cheerleader for the boys’ wrestling team. We used to
play softball, and if she connected with the ball, she would always hit one=
out
of the athletic field. Once, =
she
hit one right through an open window.
Phyllis
loved music, and was active in the Perkins chorus and glee club. She
continued this love of music through college, where she was active in the
Emerson glee club and the Arlington Chorus.
Phyllis
played the twelve-string guitar, and we were both involved in the folk Mass=
es which
were the rage in Catholic churches in the ‘60s and ‘70s. =
We
also played and sang at many of our friends’ weddings.
Phyllis
loved dogs and cats, and got her first Seeing Eye dog in 1965. She had seven Seeing Eye dogs duri=
ng her
life.
During
the 1970s, Phyllis was one of the founders of the Blind Leadership Club, the
forerunner of what is now the Bay State Council. She and Charlie
Crawford, Chris Devin, and many others were active in Massachusetts, lobbyi=
ng
legislators and working with the Commission for the Blind to better the liv=
es
of blind people all over the state. Phyllis also attended many nation=
al ACB
conventions, and was active on the national level, especially during the 19=
80s
and ‘90s.
Phyllis
was a civil rights advocate for the Massachusetts Office on Disability for =
25
years. She helped many consumers with disabilities file and win
complaints with the Massachusetts Commission Against Discrimination.
This
year, she was anxious to help start a North Shore chapter for Bay State cou=
ncil. Throughout her life, Phyllis worke=
d to
better the lives of people who were poor, disabled and disadvantaged. =
She
will be sorely missed by her friends and colleagues.
In Memoriam: Emily =
Crockett
by Bryan Marquard
Globe Staff / Oct=
ober
20, 2011
<= o:p>
Emily Crockett, at 26; had lasting impact, fought disability
As a
little sister, Emily Crockett learned early that she must speak up to addre=
ss
life’s inequities. And =
when
she insisted that she and her older brother get equal treats, her mother us=
ed
pieces of cookies to teach the young girl fractions. J=
ust
when those lessons opened Ms. Crockett’s mind to the playful subtlety=
of
math, her family learned she had a large brain tumor. The diagnosis included a calculatio=
n that
suggested her life would be a fraction of what it might have been. She was 6 years old and given six =
months
to live.
“I remember lying there thinking about it a
lot,” she told the Globe in 2005 for a series about her first year
studying mathematics at Harvard. “I
knew what cancer was.”
For 20 years, Ms. Crockett outlived almost every
prognosis and overcame nearly every hurdle in her path. When the tumor partially paralyzed =
her
left side, she learned to play piano with one hand. When cancer curbed her eyesight unt=
il she
was legally blind, she learned braille and listened with a precision few
achieve.
Ms. Crockett, whose creative talent and soaring
intelligence lifted her to heights few reach, died Sunday [October 16] in t=
he
Rose Monahan Hospice Home in Worcester of complications from five glioblast=
oma
brain tumors. She was 26.
“She gets painted as ‘Emily, the poor
angel,’ but she was much more human than that,” said Ms. Crocke=
tt’s
father, Walter, who now lives alone in the Worcester home where his daughter
spent most of her life. Ms.
Crockett’s mother, Valerie, died of a rare cancer two years ago.
“I think the quality that people really seemed =
to
care about was that Emmy didn’t give up,” Ms. Crockett’s
father said. “She did n=
ot
quail in the face of the odds. She
had this fierceness, but she was also extremely kind.” Those traits in equal measure defi=
ned
Ms. Crockett’s life. As=
a
friend, she inspired others with her optimism.
“She never dwelled on her disability,” sa=
id
Sergio Martinez, who was one of the first Harvard classmates to volunteer t=
o be
one of Ms. Crockett’s readers and study guides several years ago. In her application essay for Harva=
rd,
where she studied on and off for several years as health permitted, Ms.
Crockett wrote that she wanted to make a lasting impact.
“I’m not looking to do something to make =
me
famous,” she wrote, “just to help make the world a better
place.” “At the
end,” her father said, “I think she took some consolation and s=
ome
quiet pride that she had been a success and a good force on earth.”
Before and after the diagnosis that shaped her life, =
Ms.
Crockett was unusual for her precocious intellect. A psychological exam administered b=
efore
her first brain surgery pegged her IQ at 161. Years later, she posted SAT scores =
of 770
in math and 710 in English.
Illness, meanwhile lent an octogenarian’s
perspective on mortality to a young woman who could take an adolescent̵=
7;s
delight in an off-color joke. “I
wasn’t expected to live this long, but I don’t think about it a=
ll
that much,” she told the Worcester Telegram and Gazette in 2004. “I don’t see my life as,
‘I might die.’ I =
see it
as, ‘I’m living, right now,’ and I don’t expect
anything to change.”
A big part of living was laughing. “The laughter, it seemed ver=
y much
to us, was critical to her survival,” her father said. So was music. Ms. Crockett’s parents were p=
opular
folk musicians, and their daughter wrote songs, too, some of which are post=
ed
on YouTube.
Family was always a key part of Ms. Crockett’s
life. Her father, a cancer su=
rvivor
himself, kept her intellect and sense of humor sharp. Her older brother, Jackson, moved b=
ack to
Worcester after her glioblastoma tumors were diagnosed.
The relationship Ms. Crockett and her mother shared w=
as
particularly strong, however. “She
was the single biggest reason I survived my disability in school,” Ms.
Crockett told the Globe two years ago for her mother’s obituary.
In addition to her father and brother, Ms. Crockett
leaves her paternal grandparents, Walter and Helen of Lawrence, Kansas; and=
her
maternal grandfather, Carlton Orchinik, and her stepgrandmother, Beth, of
Drexel Hill, Pa.
“She had almost a month from the time she went =
into
the hospital and hospice,” her father said. “Friends and people from Har=
vard
came to see her and talk to her, and it was almost as if she was at her own
wake. I believe Emmy came to
realize that she was widely respected for her courage and for the calm and
optimism with which she faced her situation. People deeply respected that. They loved her as a person, but the=
word
most used was amazing. They t=
hought
she was amazing.”
[Editor’s note: Emily and her parents were members=
of
BSCB.]
FCC Gives Industry =
Nine
Months to Implement Video Descriptions Requires Captioning of Any Online Vi=
deo
that is Closed-Captioned on TV
by John Eggerton
Broadcasting & Cable, 8/25/2011
The
FCC has decided to give broadcasters and cable operators nine months, rather
than a year, to have their new video description regimes in place.
According
to an aide to one of the commissioners, it will release the order Thursday =
with
ground rules for the regime. =
While
the industry had asked for a year and the FCC had initially said it proposed
giving them until Oct. 1, 2012 to implement it, they decided instead to set=
the
deadline at July 1, 2012.
The
commission is under a deadline itself since Congress gave it until Oct. 8, =
2011
to have the video description rules in place. The rules implement the Twenty-Fir=
st
Century Communications and Video Accessibility Act, which requires the
captioning of any online video that is closed-captioned on TV, and asks the=
FCC
to study captioning of web-original video. It also requires smartphones and ot=
her
mobile devices to be accessible to the disabled, if that is achievable, and
restores the FCC's video description rules thrown out by the courts in 2002=
.
The
FCC order addresses some of the concerns of small cable operators, providing
technical exemptions and clarifying that only systems with at least 50,000 =
subs
in a market will be required to pass through the video descriptions.
Commissioner
Michael Copps, for one, was pleased with the shortened timetable, though he
would have given the industry even less time. "With a July 1, 2012 deadline,=
the
full expectation is that the necessary pieces will be in place to seamlessly
provide video description. …Although I would have preferred and I am =
not
convinced it would be too burdensome on companies to comply even earlier, I=
am
pleased that the Chairman and my colleagues have moved up the timeline to
support the long-delayed hopes of Americans with disabilities. Given the delay experienced by blin=
d and
visually impaired viewers for such an essential service, we should be doing
everything in our power to make sure they don't wait a day more than is
necessary," he said in a statement in advance of the item's release.
Copps
also gave props to CBS, Fox and TNT for their past video description efforts
absent the FCC's rules. He al=
so
gave props to Commissioner Mignon Clyburn for her work on the issue. "In providing video descriptio=
n,
America's blind community will not only be able to enjoy the entertainment =
that
video content providers offer, but they will also be part of the conversati=
ons
around it," said Clyburn. "I
want to stress this, as I can imagine how left out a visually impaired child
feels when his or her classmates are discussing what happened on a popular =
show
the night before, and to not be a part of that conversation or be able to
follow along. The same is tru=
e for
blind adults, for whom the proverbial water cooler chats about TV shows hold
little meaning or enjoyment."
BSCB Position Re:
Paratransit Services
Editor’s
note:
Last April, Governor Patrick issued Executive Order 530 forming a
cross-disciplinary commission tasked with making recommendations regarding =
how
to reform social and paratransit services throughout the Commonwealth. The expenses of running such servic=
es as
The Ride in the Boston
A
series of meetings is being held throughout the Commonwealth where consumers
can provide input to this commission. You can obtain a schedule of these
meetings and more details about the work of the Commission at http://www.mbta.com/execorder530<=
/a>.
The
Bay State Council of the Blind Board of Directors formed a committee consis=
ting
of Bob Hachey, Sharon Strzalkowski, Jerry Berrier, and Rick Morin to
develop a carefully considered position regarding ADA paratransit services =
in
the Commonwealth, with specific comments about the work we are aware of tha=
t is
happening at The Ride.
Below
are excerpts from the text of the position paper that was delivered on
September 26, 2011 to the Executive Order 530 Commission as well as to the =
Rick
Morin has been appointed by Bob Hachey to be BSCB's point person on these
matters. Please contact Rick =
with
any comments, concerns or questions you have regarding this position paper.=
We encourage you to speak at public
meetings as individual consumers and to reinforce BSCB's position.
* *=
*
Introduction
This paper provides input from the Bay State Council of the Bl=
ind
to the Commission of 16 members tasked with examining and offering suggesti=
ons
to improve/reform Community, Social Service and paratransit transportation
across the Commonwealth. This
Commission was established as a result of Governor Patrick’s Executive
Order 530 of April 2011. This=
paper
is also submitted to the
…
BSCB acknowledges the need to examine paratransit services at =
this
time in light of ever increasing demand for public transportation services =
by
the community of individuals who are blind and visually impaired and the
escalating costs under the current operating models. As the population ages, so does the
number of people who are blind and visually impaired increase.
Public transportation is the only or primary means of
transportation of many individuals who are blind or visually impaired. The Commission is implored to evalu=
ate
all recommendations and suggestions as they may specifically impact individ=
uals
who are blind or visually impaired to ensure that there are no consequences=
of
such recommendations that, unintentionally or otherwise, prevent individuals
who are blind or visually impaired from access to public transportation
services in the Commonwealth. Along
these lines, no recommendations should be made by this commission to elimin=
ate
or otherwise restrict any facet of public transportation services, including
service corridors provided today without providing an equivalent alternativ=
e.
There are three factors that must be examined to resolve the
current fiscal crises: 1) sources of income to the ADA complementary
paratransit system; 2) causes of the escalation of operating costs per trip
when the cost per trip should decrease as more riders enter the system thro=
ugh
greater leverage; and 3) eligibility to use the ADA complementary paratrans=
it
system and the factors contributing to the increased demand. Restructuring the eligibility
determination process alone does not resolve the problem. The following recommendations addre=
ss all
three dimensions.
Eligibility
Many individuals who are blind or visually impaired routinely =
make
use of the Fixed Route Systems in the Commonwealth using the
There are many ever changing factors, including one’s
medical condition(s), environmental or otherwise, when combined with an
individual’s blindness or visual impairment prevent them from
independently navigating and using the fixed route system. On these bases, individuals who are=
blind
or visually impaired are eligible for and dependent upon ADA complementary
paratransit services. Once it=
has
been established that an applicant’s blindness is permanent, it need =
not
be necessary to periodically reestablish their disability as it relates to
eligibility for ADA complementary paratransit.
Role of Applicant’s Doctor(s) and Orientat=
ion
and Mobility Specialists
Certified Orientation & Mobility Specialist (
Applicants’
To be clear, BSCB is categorically opposed to trip assessments=
and
certifications of applicants who are blind or visually impaired for ADA
complementary paratransit service or other transportation services for which
they may qualify, being performed by anyone other than the applicant’s
chosen COMS specialist.
Current constraints on the Massachusetts Commission for the Bl=
ind
preclude MCB COMS specialists from taking on the additional workload of ADA
complementary paratransit trip assessments. BSCB recommends that the agencies
responsible for ADA complementary paratransit eligibility certifications
contract with outside COMS specialists to perform these assessments
independently or as staff augmentation to the Massachusetts Commission for =
the
Blind. Alternatively, it may =
be
more cost effective to direct funding to the Massachusetts Commission for t=
he
Blind to add additional permanent COMS specialist to its staff.
Door-to-Door Considerations
On a practical basis, blinded individuals using ADA paratransit
services most often require door to door service as the factors that prevent
them from using the fixed route system also prevent them from using curb to
curb service. Door-to-door sh=
ould
be the standard for all ADA complementary paratransit across the Commonweal=
th
of all entities providing such service, including their partners and
affiliates. As an example, dr=
opping
a blind or visually impaired person at a bus stop in front of a shopping ce=
nter
is not a well-founded use of the fixed route system if the blind or visually
impaired person cannot independently and safely navigate the parking lot in
front of the shopping center.
Role of Executive Order 530 Commission
On September 20, 2011 we received a notification that the
Application Forms
We understand that a revised application for The Ride services=
has
been drafted and is undergoing review with Health and Social Service
professionals. It is imperati=
ve
that we understand what data will be collected and how the data will be used
and interpreted.
Individuals who are blind and visually impaired must be able to
complete the application for ADA paratransit services independently. It is not enough that the form is
accessible to be read – it must also be accessible to be completed by
individuals who are blind or visually impaired. It is important that the individual=
be
able to complete the application themselves without relying on sighted help=
to
protect the sensitivity and privacy of the information and to ensure that t=
he
form is completed properly and exactly as the individual intended.
Fares and Fare Structure
ADA Complementary paratransit service provided today for a flat
fare of $2.00 per ride in the
Rider Abuse
Patterns of No-Show’s and late cancellations for reasons=
not
outside the control of the ADA complementary paratransit rider must be
aggressively managed. Each No=
-Show
and late cancellation not outside the control of the rider should be charged
full fare as well as an administrative charge with sanctions taken when the=
re
are patterns of repeated No-Show’s/late cancellations. Operators should not be paid for
No-Show’s/late cancellations by the transit authorities. Means to mitigate No-Show’s t=
hat
are caused by Operator error should be studied and appropriate actions take=
n. An example of No-Show’s cause=
d by
the Operator is cases when the vehicle arrives much later than the scheduled
time and the rider has given up on the trip. Operators should take proactive mea=
ns to
contact riders when there are service delays.
Riders who have a pattern of not being ready at the scheduled =
time
causing significant delays should also be subject to sanctions. Riders bear responsibilities that =
must
be adhered to and additional outreach and training to remind riders of their
responsibilities and rules are advised.
There is abuse today of Companions riding as Personal Care
Attendants to avoid the companion fare on ADA complementary paratransit.
Scheduling Inefficiencies
We have observed numerous situations where there has been
inefficient scheduling of ADA complementary paratransit vehicles. Operators must be financially incen=
ted to
increase the number of riders per vehicle at a time and reduce the overall =
cost
per trip. We have seen a patt=
ern of
cases when individuals who are blind or visually impaired departing from the
same location traveling to destinations in close proximity within relatively
short periods of time from each other are booked onto separate individual
vehicles, many of which have only one rider per trip.
Multiple service animals can be accommodated per paratransit v=
an
and each service animal should not be regarded as occupying space that coul=
d be
used by other paratransit riders as appears to be the practice today.
Rider Expectations
The high incidence of riders being alone on many trips has
conditioned ADA complementary paratransit riders to expect this and deempha=
size
complementary paratransit service as a shared ride system. BSCB offers to work with the paratr=
ansit
operators to help manage expectations of our membership who rely on ADA
complementary paratransit services through outreach at our meetings, mailin=
gs,
training and other means.
Coordination Across Agencies
We favor coordination of ADA complementary paratransit services
with other state agencies, such as Elder Affairs, as well as with commercial
entities to reduce redundancy, take advantage of excess capacity and provide
additional transportation options. <=
/span>As
an example, idle Elder Affairs vehicles and/or local taxis could be used to
provide On-Demand feeder service from origination point to the closest fixed
route system departure points for people with disabilities who could use the
fixed route system for certain trips if only they could get to the fixed ro=
ute
system embarkation point.
Again, for those of us who are blind or visually impaired,
Orientation and Mobility and associated transport methods are matters betwe=
en
our
Fuel Price/Fuel Efficiency Considerations=
Dramatic fuel price increases are certainly one of the major
contributing factors to increased cost per ADA paratransit trip exacerbated=
by
inefficiencies of how trips are scheduled today as noted previously. As the commission, the MBTA and RTAs
investigate more fuel efficient vehicles, please bear in mind the need for =
such
vehicles to emit sufficient noise so that a person who is blind is able to =
hear
such a vehicle coming. ACB has been in dialogue with the
automotive industry about the advent of “Quiet Cars” and is
available to provide further input on this topic.
Next Steps
It is imperative that members of the community of people who a=
re
blind and visually impaired be involved at the detail level in all aspects =
of
the development of all changes to the ADA complementary paratransit eligibi=
lity
determination processes and service delivery for ADA paratransit services. =
With relation to the MBTA,
Furthermore, the Bay State Council of the Blind is available to
the Executive Order 530 Commission as well as to the RTAs and other Public
Transportation operators and state agencies throughout the Commonwealth to
further investigate the feasibility and impact of the recommendations conta=
ined
herein as well as to assist in the development and review of the
recommendations that will be ultimately reported back to Governor Patrick by
the commission.
We value this opportunity to provide input and we hope to rece=
ive
specific feedback regarding these recommendations and the opportunity to
provide further input. Please=
add
us to all mailing lists and please ensure that all communications are
distributed in formats readily accessible to those who are blind and visual=
ly
impaired. Some screen reader =
users
were not able to read the notice of the October 3 meeting that was distribu=
ted
in PowerPoint format.
On a go-forward basis, Rick Morin, a BSCB Board member, will be
the primary contact regarding the subject of this paper. Rick’s conta=
ct
information is provided below.
Respectfully Submitted,
Bob Hachey, President
Bay State Council of the Blind
Rick Morin, Board Member and Transportation Liaison
Bay State Council of the Blind
(781) 373-1044
(617) 633-7947
Disabled People with
Service Dogs Turned Away from Dedham Restaurant
June 27, 2011 1=
1:56
PM
by Ken MacLeod<= o:p>
Thirteen
people and six service dogs were turned away from the Dedham restaurant Sun=
day
night.
The
Bamboo DEDHAM (CBS) – All they were hoping for was a dinner out with
friends. But instead, a group=
of
disabled people were shocked and frustrated when a local restaurant turned =
them
away.
Miriam
Cooper is legally blind, but clearly sees the wrong in what happened to her=
and
her service dog “Diamond.”&nbs=
p;
“Ignorance of the law: it’s an explanation, but it’=
;s
not an excuse,” said Cooper.
Cooper
was with 12 other folks at the Bamboo Gourmet Restaurant in Dedham Sunday n=
ight
with six service dogs. The
restaurant had admitted service dogs before, just never so many at once, an=
d a
manager voiced concern about dog mayhem at the buffet and customer allergie=
s,
even suggesting the dogs wait outside.&nbs=
p;
“It was just very disappointing and very disillusioning,”
said Cooper.
Because
federal and state law requires restaurants “to permit the entry and u=
se
of service animals by disabled individuals,” Dedham police were summo=
ned,
but apparently didn’t clarify much.&=
nbsp;
“It just seemed alternately that they weren’t interested,
didn’t know, didn’t care,” said Cooper.
Police
said no officials could discuss the matter with WBZ-TV on Monday night.
According
to guidelines in other departments, officers should have informed Bamboo
Gourmet Restaurant that unless they could show the dogs’ “behav=
ior
posed a direct threat” or would cause an “undue burden,” =
they
were in violation of the law.
“They’re
supposed to help us secure our rights,” said Cooper. Police cannot force the restaurant=
to
seat the wannabee diners and their service dogs. But, on the other hand, they should
inform the owner that a criminal complaint might be sought against them.
Cooper
hopes the incident educates. =
“And
in the end, we’d like to have a nice, Asian dinner,” said Coope=
r.
An
assistant manager at Bamboo admitted to WBZ-TV off camera that his restaura=
nt
had made mistakes in handling the incident. He said tempers on both sides made =
the
situation worse, but assured us that if those patrons and dogs return, they=
are
welcome.
The
group of friends ate a late dinner somewhere else Sunday night with their d=
ogs.
ADA Turns 21 - Stil=
l Work
to be Done
by Lainey Feingold
[Editor’s
note: For additional information on the ADA, visit Lainey Feingold̵=
7;s website
at http://lflegal.com.]
July
26, 2011 marks the 21st anniversary of the Americans with Disabilities Act -
the comprehensive civil rights law designed to ensure the full integration =
of
people with disabilities into all aspects of American life. Has the law fulfilled its promise t=
o this
country’s disabled citizens? <=
/span>Yes
and No.
Here
is my list of where the ADA has fallen short. Places where it could do better now=
that
it is twenty-one. But first, =
some
ADA achievements to celebrate.
Thanks to Advocacy, the ADA has Changed Lives
In
2011 an architect wouldn’t think of building a public building withou=
t a
wheelchair accessible entrance. And
it’s rare to see a commercial parking lot without disabled spaces.
There
are other examples too:
Thanks
to the ADA — and the on-going and effective advocacy that gives it li=
fe
— more and more hospitals offer interpreters for deaf and hard of hea=
ring
patients and family members. =
Successful
ADA lawsuits have shown that the inability to hear does not mean a person is
not well qualified for a host of previously unavailable jobs. The rights of deaf and hard-of-hear=
ing
individuals in the criminal justice system are more often - though sadly not
always - respected and understood.
For
the blind community, the ADA’s promise of “effective
communication” coupled with strategic advocacy efforts, has brought a=
bout
significant quality of life enhancements. ATMs talk. Pedestrian signals provide audible
information. Websites –
though far far too few – are designed with accessibility in mind.
The
ADA gave Illinois advocates and their lawyers the tools to expand community
living options for people with developmental disabilities in Illinois. And the law, with its integration
mandate, gives advocates across the country the tools to protect individuals
with disabilities against forced institutionalization.
Fortunately,
this list could go on and on. In
the twenty-one years since the Americans with Disabilities Act was enacted,=
in
thousands of ways both large and small, the United States has become a more
welcoming place for people with disabilities. Yet despite so many success stories,
there are far too many tales of exclusion. Despite significant instances of
integration, there are still examples of isolation. The ADA has been around for twenty-=
one
years, but its job is far from over.
Despite Advocacy, There is Much Left to Do
Unfortunately,
there are still many ways in which the promise of the ADA remains unfulfill=
ed. Many of us will be writing ADA
anniversary pieces today, and most of those pieces will have list of things
— too many things — that are still left to do. Here is my list of where the ADA has
fallen short.
Unemployment of People with Disabilities is
Unacceptably High
In
June, 2011 the U.S. Department of Labor announced that the unemployment rate
for people with disabilities was 16.9 — the highest rate in 2 years. =
And like all unemployment statistic=
s -
that figure only reflects people looking for work - not the tens of thousan=
ds
of people with disabilities who have given up or are under-employed. The true unemployment rate for blind
people in the United States is commonly put at 70-80%.
I
know many people with visual impairments who are the talented individuals
behind those statistics. The
Americans with Disabilities Act was supposed to tear down the barriers that
prevent people with disabilities from finding meaningful work. It has not succeeded.
Too Many “Do Not Enter” Signs on the
Information Highway
Today,
virtually every ADA covered entity (commercial establishments, state and lo=
cal
governments, schools, universities, hospitals and more) provides services on
websites available to the public. Classes
are held online. Stores sell
online. Financial, insurance,=
and
healthcare information is online. Government
services and more are online.
In
1990, when the ADA was enacted, the Internet as we know it today was in its
nascent stages. Yet the ADA&#=
8217;s
broad and flexible language easily requires accessible websites. After all, a public website provides
services, programs, benefits and information to the public, and the ADA is
supposed to ensure that such services and information is available to people
with disabilities. We would n=
ot
tolerate “do not enter signs” in front of a public building.
Despite
the ADA’s potential, in 2011 far too many websites are not designed or
maintained according to internationally recognized standards that ensure
accessibility and inclusion. =
Too
many web designers ply their trade without considering accessibility standa=
rds.
Far too many entities, both l=
arge
and small, public and private, fail to give web accessibility — also
known as web inclusion — the attention (and resources) the law mandat=
es. While kudos are due to entities who=
have
taken web accessibility seriously, the millions of inaccessible web pages on
the internet are a clarion call for further ADA action.
Technology Gives / Technology Takes Away<=
/a>
In
the twenty-one years since the ADA was enacted, the availability of personal
technology has exploded, raining both blessings and curses on the disability
community. The Apple iPhone c=
omes
with speech output and accessible controls, providing a stellar example of a
truly accessible mainstream product. Yet at the same time, more and more
services are being delivered by ADA covered entities through inaccessible
technology. Flat screen kiosk=
s, for
example, now proliferate in retail, healthcare, and education.
Twenty-one
years after passage of the ADA, how can engineers still be designing produc=
ts
that are not usable by people with disabilities? How can focus and usability groups =
not
include people who are blind, deaf, or have mobility impairments? And how can public and private enti=
ties
covered by the ADA provide technology without thinking of the impact on
disabled customers, students, patients, and members of the public? The ADA prevents discrimination, an=
d what
could be a more flagrant example of discrimination than providing services =
and
programs that people with disabilities cannot take advantage of because of
inaccessible technology. Anot=
her
area where the ADA is not living up to its potential.
The Federal Government Takes too Long to Impleme=
nt
Regulations
While
the ADA is a far-reaching and flexible law, it depends on federal agencies
— primarily the Department of Justice — to issue regulations th=
at
provide consistency and a way to measure compliance. Unfortunately, 21 years after passa=
ge of
the ADA, there is still far too much delay in getting regulations out. State and local governments have be=
en
covered by the ADA since 1990, yet proposed (not final) regulations on publ=
ic
rights-of-way are just now being issued. Beginning in 1999, advocacy efforts=
have
resulted in tens of thousands of Talking ATMs being installed across the Un=
ited
States, yet Talking ATM regulations were not finalized until September of 2=
010,
and are not fully operational until March, 2012.
And
most recently — and perhaps most disappointingly — the Departme=
nt
of Justice quietly announced that it was delaying its web accessibility
regulations until 2013 at the earliest.
The
Americans with Disabilities Act has had a strong non-discrimination mandate
since its inception. Equality=
of
services and effective communication have been required from the outset.
The
recent pattern of delay by federal agencies issuing regulations is unfair to
advocates and to industry and undermines the strength of a truly amazing la=
w. Happy Anniversary ADA.
ITNGreaterBoston --
Dignified Transportation for Seniors
[Reprinted from=
www.itngreaterboston.org]
© 2011 ITNAmerica. All Rights Reserved.
Our Story
In
2009, Tufts Health Plan Foundation (THPF) Executive Director David Abelman
heard ITNAmerica President Katherine Freund on the radio discussing the
ITNAmerica transportation model for older adults. The two spoke later that day and th=
e THPF
staff soon visited ITNAmerica's facilities in Maine, thus beginning the mov=
e to
bring an affiliate of ITNAmerica to Greater Boston.
THPF
focuses on programs to promote all aspects of healthy aging. For older adults who can no longer =
drive
safely, transportation is a barrier to all lifestyle functions. A local spate of auto accidents inv=
olving
elderly drivers, culminating in the tragic death of a four-year-old in 2009,
spurred significant conversation around the issue of age and licensure.
By
2030, the number of older adults in Massachusetts will reach the highest po=
int
ever at 21 percent of the overall population.
During
this same period of time, THPF funded the Social Innovation Forum's Healthy
Aging Track and one of the applicants, a local elder transportation provide=
r,
stimulated healthy discussion among the reviewers about the importance of
transportation for elders. Am=
ong
the reviewers for this initiative was Martin Cohen, president of the MetroW=
est
Community Health Care Foundation (MWCHCF). MWCHCF's mission is to improve heal=
th
status in the MetroWest area of the state primarily by focusing on the heal=
th
needs of the poor, elderly and children. MWCHCF first became interested in t=
he
issue of elder transportation back in 2004 as part of its strategic planning
process. Many stakeholders
identified transportation to medical appointments by elders as an issue and
they found many communities struggling to provide transportation through the
use of volunteers and subsidized vans. MWCHCF then convened area councils =
on
aging and discovered little interest in regional approaches to meeting this
transportation need, but strong support for locally focused solutions. To get started, MWCHCF funded a
dispatcher position at the Milford Senior Center to serve three communities=
in
the Greater Milford area, and this initiative successfully showed the benef=
its
of joint efforts.
Andrew
Wolk from the Social Innovation Forum had also informed Martin Cohen about =
the
work of ITNAmerica. Interest =
and
momentum for exploring what
By
early 2010, David Abelman and Martin Cohen were speaking about the possibil=
ity
of joining forces to leverage resources and bring ITNAmerica to Massachuset=
ts. The funders engaged Health Resource=
s in
Action (HRiA) -- a Boston-based non-profit organization whose mission is to
help people live healthier lives and create healthy communities through
prevention, health promotion, policy, and research -- to incubate and launch
ITNGreaterBoston. HRiA's expe=
rtise
in health communication, community assessment and community engagement make
HRiA the perfect partner to facilitate this process.
HRiA
currently functions as ITNGreaterBoston's sponsoring agency and proudly
supports the new organization until 501(c)3 status is obtained and ITNGreat=
erBoston
becomes independent. The new
affiliate will begin with services in core areas of Boston, adjacent
communities, and Metrowest towns, with the hopes of gradual expansion as
resources, infrastructure and community support grow. The first members of the board of
directors have been selected and will continue to add new members ready to =
take
action on behalf of the seniors and visually impaired individuals needing a
better transportation solution. ITNGreaterBoston
will hire a new executive director very soon and the process of attracting =
new
donors and recruiting volunteers to support the organization in a variety of
roles will begin immediately. Riders'
services should begin by fall 2011.
For
more information, contact:
ITNGrea=
terBoston
c/o Health Resources in Action, Inc., Suite 208
95 Berkeley Street
Boston, MA 02116
Phone: 617-451-0049 ext. 362
info@itngreaterboston.org<=
/span>
They’re Servi=
ng a
Need, with Aplomb:
Volunteers Teach Tennis to Blind
by Marvin Pave<=
br>
Sunday, May 8; Boston Globe
The
racket handles are shorter. T=
he net
is smaller, in length and height. The
foam ball, stuffed with a ping pong ball filled with metal pellets, jingles=
in
flight and upon contact.
The
court is marked by raised red tape and string so that the players can feel
their way around the floor while listening for the ring that signals the ba=
ll
is headed their way.
Gathered
inside the Howe Building gymnasium last week, playing tennis for the first
time, seven students from the Perkins School for the Blind were receiving
instruction from volunteers from Newton North High School.
“If
someone asks me a question and I don’t know the answer, it’s a
challenge for me to find out,” said Ashley Bernard, an 18-year-old
student at Perkins who resides in Scituate. “And if someone gives me a ta=
sk
like hitting a tennis ball, I’m going to figure that out, too, and I =
love
that challenge.
“It
really has given me confidence and it proves that people with disabilities =
can
do whatever they set out to do. If
I wake up tomorrow and someone says, ‘Let’s play tennis,’
I’ll figure out a way to do it.”
Bernard
took great delight in putting her racket on the ball, bounced in front of h=
er
by Newton North sophomore Sejal Vallabh, a varsity player who founded Tennis
SERVES. Last fall, Vallabh
approached Perkins officials about starting what is believed to be the only
group tennis instruction given at a school for the blind in the United Stat=
es.
Vallabh,
whose mother grew up in Tokyo, was visiting her grandmother in Japan last
summer. While there, she work=
ed as
an intern at Hands on Tokyo, which collaborates with the Japanese Blind Ten=
nis
Federation to teach the sport to people with visual impairments. She learned the fundamentals, and
returned home with a vision of sharing her knowledge with her classmates to
teach blind students.
“As
soon as I got back to the States in August, I contacted the Perkins School =
and
gave a presentation to the superintendent and physical education staff,R=
21;
said Vallabh, who plays first doubles at Newton North. “We got approval to start in
January with one gym class a week and expanded to an after-school program in
March.”
Vallabh
developed a weekly curriculum and website and began instruction with four o=
ther
Newton North tennis players: Danielle Handler, Ilana Greenstein, Kayla Shor=
e,
and Kris Labovitch. Greenstein
coordinates the volunteers and Shore handles publicity. Through last Monday’s final =
tennis
class of the semester, the volunteer group had expanded to 14 members,
including Needham High tennis player Jodi Grosberg.
Perkins
School president Steve Rothstein keeps an audible tennis ball used by the
Tennis SERVES program on his desk to show visitors what his students can
accomplish. “Seeing them
practice was exciting for me,” said Rothstein. “It has been an opportunity f=
or
them to gain confidence and to grow as individuals. I’ve seen their competitive s=
pirit
emerge and we’re thrilled to have this partnership with Sejal, who is=
a
remarkable young woman.”
Although
the Perkins School provides some of the equipment, Vallabh approached her c=
oach
at the Longfellow Club in Wayland, tennis director Phil Parrish, who arrang=
ed
with the Babolat equipment company to donate the nets. The balls were special ordered from=
the
American Printing House for the Blind in Louisville, Ky.
Matt
LaCortiglia, an Upton resident and coordinator of Perkins’ Adapted
Physical Education program, said that tennis has been beneficial to the Per=
kins
students in learning the basic athletic stance and moving forward, backward,
and laterally. “And the
interaction of our students and the volunteers who are approximately the sa=
me
age has been impressive,” he said. “I know it’s a first fo=
r us
at Perkins in my 14 years here and while our physical education classes inc=
lude
a team sport specifically designed for the blind called Goalball, our stude=
nts
are now learning the basics of a mainstream sport usually played by sighted
individuals.”
Last
week’s hourly session included footwork drills that emphasized low
stance, bent knees and making sure that the players’ feet did not cro=
ss. That was followed by practicing the
forehand as each instructor bounced the ball to the player while gradually
increasing the distance between them. Students and volunteers then
played a mock game using vocal cues that included explanations of how games=
are
scored. The session ended with
students trying their hand at doubles.
Perkins
physical education teacher Mary Clark said the Newton North-Perkins
collaboration has “gone beyond our expectations. Our students have met so many chall=
enges
— coordinating the sound of the ball with their swing, first learning
about the ball itself as it was rolled to them so they could locate it, then
progressing from having someone help hold their racket to holding it
themselves.
“For
blind individuals, some of whom have never seen floors, walls, or ceilings,=
it
has taken a special understanding of what a tennis court is and what to do =
on
it and that is what makes this program special,” added Clark, whose
students also participate in yoga, walks around the Watertown High track, a=
nd
exercise at the Waltham YMCA to develop lifetime fitness skills.
Addie
Chase McCann, a 20-year-old student from Scituate who has partial vision, h=
as
advanced to the point where she can bounce the ball — up and down =
212;
on her Prince racket. “=
I have
pretty good eye-hand coordination and I’ve learned more every
week,” she said. “=
;But
returning the ball and getting it over the net has been my biggest
accomplishment. I wish I had =
more
time to get to know the Newton students, but I have a busy schedule. I enjoy talking to them about the m=
usic
we like.”
Vallabh
will return to Japan this summer where she will enhance her teaching skills
with the Japanese Blind Tennis Federation in Saitama and the Kinki Blind Te=
nnis
Association in Kobe. “I=
’d
like to start similar programs with schools for the blind in this country a=
nd
share lesson plans and teaching videos with them and I’ve already sta=
rted
contacting them,” she said, “and I’m really hoping that I=
can
find student leaders and regional coordinators in other states.”
Vallabh
said there are tentative plans to continue the program at the Perkins summer
camp and definite plans to return to the Howe gym in the fall. She is also trying to make Tennis S=
ERVES
a nonprofit organization to help raise funds for equipment. Her ultimate goal is to see tennis=
for
the blind introduced as a sport at the Paralympic Games. “I have learned so much from=
this
experience,” she said, “and to see the joy they get out of the
simple things we try to teach them has made it all worthwhile.”
For
information about the program or volunteering opportunities, visit www.tennisserves.org.
HHS to R=
educe
Premiums, Make it Easier for Americans with Pre-Existing Conditions to Get
Health Insurance
Contact:
Tuesday,
May 31, 2011
The
U.S. Department of Health and Human Services (HHS) today announced new step=
s to
reduce premiums and make it easier for Americans to enroll in the Pre-Exist=
ing
Condition Insurance Plan. Pre=
miums
for the Federally-administered Pre-Existing Condition Insurance Plan (PCIP)
will drop as much as 40 percent in 18 States, and eligibility standards wil=
l be
eased in 23 States and the District of Columbia to ensure more Americans wi=
th
pre-existing conditions have access to affordable health insurance. The Pre-Existing Condition Insuranc=
e Plan
was created under the Affordable Care Act and serves as a bridge to 2014 wh=
en
insurers will no longer be allowed to deny coverage to people with any
pre-existing condition, like cancer, diabetes, and asthma.
To
further enhance the program, beginning this fall,
The
program covers a broad range of health benefits and is designed as a bridge=
for
people with pre-existing conditions who cannot obtain health insurance cove=
rage
in today’s private insurance market. In 2014, all Americans – rega=
rdless
of their health status – will have access to affordable coverage eith=
er
through their employer or through new competitive marketplaces called
Exchanges, and insurers will be prohibited from charging more or denying
coverage to anyone based on their health status.
For
more information, including eligibility, plan benefits and rates, as well as
information on how to apply, visit www.pci=
p.gov
and click on “Find Your State.” Then select your State from a map =
of the
United States or from the drop-down menu.
To
find a chart showing changes to PCIP premiums in the States with
Federally-administered PCIP programs, visit www.H=
ealthCare.gov/news/factsheets/pcip05312011a.html.
The
PCIP Call Center is open from 8 a.m. to 11 p.m. Eastern Time. Call toll-free 1-866-717-5826 (TTY
1-866-561-1604).
BSCB Board of Directors
Bob
Hachey, President
Phone:
781-893-6251
e-mail:
bhachey@verizon.net
Sharon
Strzalkowski, First Vice President
Phone: 508-363-3866
e-mail:
strzal@charter.net
Marcia
Dresser, Second Vice President
Phone:
781-944-3586
e-mail:
mn.dresser@veriz=
on.net
Jerry
Berrier, Secretary
Phone:
617-294-2384
e-mail:
jerry@birdblind.org
Rick
Morin, Treasurer
Phone:
781-373-1044
e-mail:
rick.morin@comcast.net
Brian
Charlson, Director
e-mail: briancharlson@c=
omcast.net
Chris
Devin, Director
Phone:
617-472-0308
Jennifer
Harnish, Director
Phone:
508-315-3623
e-mail:
jharnish@rcn.com
Roz
Rowley, Director
Phone:
617-923-1906
e-mail:
rozerowley@gmail.com
=
Committee Contacts
BayLines
Editor
Steve
Dresser
Phone:
781-944-3586
e-mail:
s.dresser@verizon.net
Council
Connection Host
Phone: 781-944-3586
e-mail: mn.dresser@veri=
zon.net
Legislative
Committee Chair
Bob
Hachey
Phone:
781-893-6251
e-mail:
bhachey@verizon.net
Media
Access Committee Chair
Kim
Charlson
Phone:
617-926-9198
e-mail:
kimcharlson@comcast.net
Membership
Committee Chair
Marcia
Dresser
Phone:
781-944-3586
e-mail:
mn.dresser@verizon.net
Chapter Contacts=
Charles
River Chapter
Brian
Charlson
Phone:
617-926-9198
e-mail: briancharlson@comcast.net<= o:p>
Guide
Dog Users of Massachusetts
Carl
Richardson
Phone:
617-254-0425
e-mail:
carl@carl-richardson.com
South
Shore Chapter
Chris
Devin
Phone:
617-472-0308
e-mail:
kcdevin@verizon.net