Illinois Lawsuit settled over Disabled Student Athletes

The Associated Press

FILE - In this May 16, 2012 file photo, Mary Kate Callahan, right, and her mother Joanne Callahan, pose for a photo in Chicago. Callahan, a former high school student athlete requires use of a wheelchair due to lower limb paralysis. Illinois Attorney General Lisa Madigan announced a settlement with the Illinois High School Association Wednesday June 24, 2015 allowing disabled student athletes to compete and earn points toward a team state championship in swimming, diving and track and field. It resolves a lawsuit brought in 2012 by Callahan, a former disabled swimmer at Fenwick High School in the Chicago suburb of Oak Park. (AP Photo/M. Spencer Green, File)

The Associated Press | June 24, 2015

CHICAGO — Disabled prep student athletes will be given full opportunities to compete in certain sports under a settlement with the Illinois High School Association that Illinois Attorney General Lisa Madigan announced Wednesday.

The settlement allows disabled student athletes to compete and earn points toward a team state championship in swimming, diving and track and field. It resolves a lawsuit brought in 2012 by Mary Kate Callahan, a former disabled swimmer at Fenwick High School in the Chicago suburb of Oak Park.

The IHSA oversees high school sports in Illinois. A spokesman didn't immediately respond to a request for comment on the settlement. Madigan's lawsuit charged the IHSA with violating federal laws affecting the disabled.

Under the settlement, the IHSA must maintain records for disabled student athletes as it does for all other student athletes. It also must adopt a revised accommodations policy for student athletes with disabilities and provide a trained Americans with Disabilities coordinator.

Madigan's office also will also monitor IHSA's responses to accommodation requests from disabled students. IHSA staff, board members, coaches and officials will be trained in ADA issues.

The association also must create an annual road race open to all Illinois high school students that recognizes finishers in each gender in both an open and wheelchair division.

Callahan was represented in the lawsuit by Equip for Equality, a legal advocacy organization for people with disabilities in Illinois. Callahan sued the IHSA saying she couldn't win points for her team and couldn't compete in separate categories for disabled swimmers.

"I'm happy other athletes will gain the experience and great memories of competing for their school and with their teammates," Callahan said. "My hope is that opportunities will continue to increase for athletes like myself here in Illinois."

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Illinois Energy Assistance at Risk: a LIHEAP Town Hall meeting - Chicago on June 29th

Illinois Governor Rauner (R) proposed budget cuts and reluctance to sign a responsible budget based on shared sacrifice are already resulting in real consequences for Illinois residents, particularly the most vulnerable among us.

Monday June 29th at 6 p.m. at Antioch Missionary Baptist Church (6248 S. Stewart), Senator Mattie Hunter, Senator Jacqueline Y. Collins, Representative Esther Golar, the Englewood Coalition AD-HOC Group will hold a town hall meeting to discuss one of the ways in which hundreds of thousands of Families, Seniors, and People with Disabilities will suffer if the governor's proposals take effect. Gov. Rauner intends to eliminate the state's Low Income Home Energy Assistance Program (LIHEAP), which helps 300,000 Illinois residents afford their utility bills, avoiding the health risks of extreme heat and cold.

Hear from the experts, ask questions and tell us what energy assistance means to you or your neighbors as we seek to better represent your concerns to our colleagues and the governor at a critical time in state government.

Please also consider joining members of the Illinois Legislative Black Caucus June 25, 2015 from 5:30-8:30 p.m. at Chicago State University (Douglas Hall) 5071 W. Congress Parkway for a rally against the Rauner cuts. 

And don't forget to call the Governor at (312) 814-2121 or write to him here to voice your opinion about his attack on social services from LIHEAP to breast cancer screenings to summer jobs for at-risk youth and many more.

Veterans Health - Free Dental Care on June 27

# great info as published at Yahoo Health; article by Amy Rushlow | June 2015

Most veterans who completed active duty are eligible for health benefits through the Veterans Health Administration, with one big exception: dental care.

In general, dental care is limited to veterans with a service-related disability, former prisoners of war, and people participating in a VA Vocational Rehabilitation program. And even then, the dental procedures a person is eligible for vary widely depending on service history and other factors.

To help bridge this gap, Aspen Dental, which has more than 300 locations in the U.S., is offering free dental care and screenings to all veterans on Saturday, June 27. Dentists and their staff are volunteering their time for the event, which is part of the broader community-based Healthy Mouth Movement launched last year.

“Many people struggle to find oral health care when they need it,” Schatzie Vincent, DMD, director of clinical support and community giving for Aspen Dental Management, Inc., tells Yahoo Health. “In fact, the numbers are pretty staggering — the American Dental Association estimates that more than 150 million American adults didn’t visit a dentist last year. The Healthy Mouth Movement was launched in 2014 for a very simple reason: Those teams wanted to do even more to give back to people in need in their communities.” 

An advance appointment is necessary to take part in the free dental care for veterans. Call 1-844-AspenHMM (1-844-277-3646) to schedule an appointment and find a participating location near you.

Preventive care is essential to help save costs down the line.Studies show that largely preventable cavities and abscesses account for about 80 percent of dental-related ER visits. And according to research from the Pew Center on the States, treatment in the ER for dental care costs nearly 10 times as much as preventive care.

Jere Gillan, DMD, an Aspen Dental Dentist and practice owner in Merritt Island, Florida, will be volunteering on Saturday. “I served in the Air Force myself, so this issue holds special significance for me, and I’m both excited and proud to be able to give back to the Veteran community,” Gillan tells Yahoo Health.

According to a review in the Journal of General Internal Medicine, dental concerns are common among Iraq and Afghanistan vets, whose hygiene may be compromised due to the harsh combat environment. In addition, homeless vets have twice the odds of needing dental care compared with homeless non-veterans, says a study that included interviews with nearly 3,000 homeless individuals.

Check out these other resources for veterans in need of dental care:

• Veteran Dental Care is available through the U.S. Department of Veterans Affairs; however, you must meet certain eligibility requirements.
• The VA Dental Insurance Program (VADIP) offers dental insurance to veterans at a reduced cost. Children and spouses of veterans may also be eligible.
• In some states, dental care for adults may be covered through Medicaid. (All state Medicaid programs cover dental care for children.)
• The Dental Lifeline Network provides dental care to people who can’t afford it and meet other eligibility requirements, such as having a permanent disability or being age 65 or older.

https://www.yahoo.com/health/hey-vets-free-dental-care-coming-your-way-on-june-122260499427.html

Accessible Swimming Pools and Spas - Question and Answer Session: Access Board Webinar - July 2

The next webinar in the U.S. Access Board's free monthly series will take place July 2 from 2:30 – 4:00 (ET) and will feature an open question and answer session on accessible swimming pools and spas. Presenters will review scoping and technical requirements for accessible swimming pools and spas but will devote most of the session to responding to questions from attendees. The webinar will clarify various technical requirements, including those for pool lifts and sloped entries, and discuss how scoping provisions apply to sites with multiple pools and spas.

Questions can be submitted in advance of the session (total limited to 25) or can be posed during the webinar. A previous webinar in the series provided an overview of swimming pool and spa accessibility. Participants are encouraged to view this archived webinar in advance of the upcoming session.

For more information, including registration instructions, visit www.accessibilityonline.org.

# as shared by the United States Access Board

The Diary of Anne Frank - ACCESS PERFORMANCES AT GLENCOE'S WRITERS THEATRE: ASL-Interpreted June 26, Open-Captioned July 18

wanted to Thank the Writers Theatre for sharing!

ACCESS PERFORMANCES AT WRITERS THEATRE  We are delighted to present access performances of The Diary of Anne Frank If you or someone you know would benefit from an ASL-interpreted or open-captioned performance, we invite you to join us for one of the following performances. We offer additional accessibility services detailed below for all performances. If you have any questions about accessibility accommodation, contact the box office at boxoffice@writerstheatre.org OR 847-242-6000.  ASL-Interpreted Performance June 26th 8:00pm Performed at  664 Vernon Ave, Glencoe (Books on Vernon) Enter promo code: ASL/Captioned to unlock seats for purchase in the ASL-interpreted section. Open-Captioned Performance July 18th 4:00pm Performed at  664 Vernon Ave, Glencoe (Books on Vernon) Enter promo code: ASL/Captioned to unlock seats for purchase in the Open-Captioned section. Writers Theatre is a proud partner of ADA 25 Chicago. ADA 25 Chicago is commemorating the 25th anniversary of the ADA in 2015 and leveraging this historic milestone to improve the quality of life for people with disabilities through building public awareness, as well as partner commitments in four key areas: education, employment, community inclusion and technology.

Man with Muscular Dystrophy refused service by Chicago bartender now accused of discrimination

Report By Craig Wall, FOX 32 News Chicago | June 22, 2015

A Chicago bartender is being accused of discrimination after refusing to serve a man suffering from muscular dystrophy, and the confrontation was caught on video.

There are two issues that have come out of what happened at Chris' North Land Tavern: was the bartender insensitive or did she have legitimate concerns about serving a man she felt was not in any condition to be consuming alcohol?

“He's not sick, he's just disabled,” a man in the video said.

“I told you, I told you, I can't do it,” the bartender responded.

The man shooting the cell phone video said he recorded the bartender after she treated his friend like someone who was subhuman.

The incident happened last Wednesday after the men were in town for an expo to promote their company whose goal is to educate people about those with disabilities.

“I turned to Jimmy, asked him what he would want to drink, and she immediately said no, there's no way I'm serving him. And we were both just kinda in shock. We've never had something like that happen to us before,” said disABLE spokesman Ed Doyle.

The bartender told FOX 32 on the phone that Jimmy Curren, the man in the wheelchair, looked sick and could not talk, and she was not comfortable serving him alcohol.

“If he gonna pass out, who's gonna be responsible, you or me?” the bartender said.

“You can say that about anybody,” Doyle responded.

“No, I'm not gonna serve him alcohol,” the bartender said.

The bartender also said the men, who are both in their mid 20's, refused to show ID's, which is a claim they deny.

“And I think this is a clear cut example of how it really is a societal issue that there are people out there who are ignorant of what it means to have a disability,” said disABLE founder Jimmy Curran.

But under Illinois law, bars and bartenders can be held legally responsible for serving someone who is in no condition to drink. That was the bartender's concern and the owner defended her decision.

“I don't think so and as far as I'm concerned, I would have wanted her to do it exactly the way she did it,” said bar owner Chris Gramatis.

Curran said he is not interested in filing a lawsuit or a discrimination complaint. He and his business partner just want to promote understanding.

“What we would rather do than penalize this one specific business or try to get one specific person in trouble, we realize it's a societal problem, and we want to bring light to the issue,” Doyle said.

http://www.myfoxchicago.com/story/29382155/chicago-bartender-accused-of-discrimination

June 22, 2015 is the 16th Anniversary of the 1999 Olmstead U.S. Supreme Court decision - ADA History

With today, June 22, is the 16th Anniversary of the 1999 Olmstead U.S. Supreme Court decision. The fight to realize the intent of the the Olmstead decision continues for people living in Intermediate Care Facilities for people with Developmental Disabilities, people living in Institutes for Mental Diseases, and people living in Nursing Homes, to live in communities throughout the country. 

The following is information is a privilege to share this important part of ADA History. 

as posted at Department of Justice ADA.gov:

Olmstead: Community Integration for Everyone

About Olmstead

The story of the Olmstead case begins with two women, Lois Curtis and Elaine Wilson, who had mental illness and developmental disabilities, and were voluntarily admitted to the psychiatric unit in the State-run Georgia Regional Hospital. Following the women's medical treatment there, mental health professionals stated that each was ready to move to a community-based program. However, the women remained confined in the institution, each for several years after the initial treatment was concluded. They filed suit under the Americans with Disabilities Act (ADA) for release from the hospital.

The Decision

On June 22, 1999, the United States Supreme Court held in Olmstead v. L.C. that unjustified segregation of persons with disabilities constitutes discrimination in violation of title II of the Americans with Disabilities Act. The Court held that public entities must provide community-based services to persons with disabilities when (1) such services are appropriate; (2) the affected persons do not oppose community-based treatment; and (3) community-based services can be reasonably accommodated, taking into account the resources available to the public entity and the needs of others who are receiving disability services from the entity.

The Supreme Court explained that its holding "reflects two evident judgments." First, "institutional placement of persons who can handle and benefit from community settings perpetuates unwarranted assumptions that persons so isolated are incapable of or unworthy of participating in community life." Second, "confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment."

Faces of Olmstead

The personal stories of a few of the thousands of people whose lives have been improved by the Olmstead decision and the Department's Olmstead enforcement work can be accessed at http://www.ada.gov/olmstead/olmstead_about.htm

###

To learn about Olmstead and how to Advocate using Olmstead by visiting OlmStead Rights at www.olmsteadrights.org.

Legal Clinic at the Chicago Lighthouse for People Who Are Blind or Visually Impaired

nice article on the legal clinic at the Chicago Lighthouse for People Who Are Blind or Visually Impaired. TY to all that shared!

Paul Rink, director of the legal clinic at the Chicago Lighthouse for People Who Are Blind or Visually Impaired, with a typewriter that prints Braille. | Neil Steinberg/Sun-Times

WRITTEN BY NEIL STEINBERG | Chicago Sun Times | June 21, 2015

Sandy Studnicka, who is legally blind, went to a job fair for people with disabilities and was hired by a bank. There she worked at a computer terminal, where problematic accounts would come up in red. But she can’t see the color red. Four months later the bank fired her.

“They found me at a disability job fair and let me go because I’m disabled,” said Studnicka, who turned for help to a unique resource, the legal clinic at the Chicago Lighthouse for People Who are Blind or Visually Impaired. They persuaded the bank to double the severance package initially offered to Studnicka, who now works at the Lighthouse.

The organization is 109 years old, though it has a modern, sprawling facility at 1850 W. Roosevelt, offering a wide range of services from child day care to a clock factory employing blind workers to a store offering white canes and Braille greeting cards. On the second floor, in a plain cinderblock room, the Arthur & Esther Kane Legal Clinic, the only entity in the country geared specifically to helping clients who have trouble seeing.

Navigating the legal system can be frustrating enough for those who can see. Now consider the stumbling blocks facing the blind.

“Everything’s in print,” said Paul Rink, a lawyer and the clinic’s director.

“People can’t read their documents,” added Carol Anderson, the clinic’s second attorney. “They don’t know what documents they have. We know how to handle those situations. We help reading and organizing their documents, and explain their documents to them.”

Rink and Anderson are both blind. The clinic has a sighted administrative assistant, Cacia Sit, who helps read and organize legal papers, as well as interns, though finding volunteers can be a challenge.

“They’re not beating down our doors to come help us,” said Rink. “But we have managed to get the number that we needed, most of the time.”

The volunteers help sift through the papers their clients bring in.

“A lot of mail, and they’re not always sure what’s important and what’s not,” said Sit. 

“It’s much harder when you’re blind, you have to have people read your mail to you, and not everyone is good at that.”

The clinic is free. “We’re open to anybody who’s blind or visually impaired,” said Anderson.

It was founded 10 years ago by retired Cook County Circuit Judge Nicholas Pomaro, who called it “the best thing I’ve ever done.”

“People are just so grateful for even the smallest bit of assistance,” he told the Tribune in 2008.

The blind face all the legal woes confronting sighted people, but also tend to encounter more than their share of certain troubles, such as discrimination in housing and employment — only 25 percent of blind people in the United States have jobs.

“We do a lot of Social Security help,” said Sit.

Before coming to the Lighthouse, Rink worked for Continental Bank for 20 years, then joined the Illinois Workers’ Compensation Commission. Anderson went to University of Chicago Law School before she became blind, not long after graduation. Rink graduated from Northwestern University Law School and passed the bar, on his first try, while being totally blind since birth.

Many sighted students have trouble completing law school. How did Rink manage it?

“My mother read me at least half of my textbooks,” he said. “And half were recorded by Recording for the Blind.”

Later he used an Optacon, a cumbersome device that transfers text into raised bumps, one letter at a time.

“It was slow and very laborious,” he said. “Then in the ’90s, the computer came out. I always had good computer equipment.”

He joined the Lighthouse clinic in 2010, after he retired.

The clinic primarily focuses on basic legal work: writing letters, filling out forms.

“We don’t take cases to court,” said Anderson. “We give preliminary advice. We write documents and do limited work before administrative agencies.”

If more complex legal work is required, the Lighthouse will refer clients to law firms that do pro bono assistance. Rink named several prominent firms they work with then, showing lawyerly caution, decided it best not to mention the firms specifically.

“We have a number of firms that help us, and I hate to exclude any,” he said.

The clinic helps about 170 clients a year.

“We try to take people within a week or two,” said Anderson.

To reach the clinic, call (312) 666-1331, Ext. 3112.

Follow Neil Steinberg on Twitter:@NeilSteinberg

http://chicago.suntimes.com/neil-steinberg/7/71/708927/chicago-lighthouse-kane-legal-clinic

Warrior Games JUNE 19-28, 2015 - Marine Corps Base Quantico, Virginia

The 2015 DoD Warrior Games will feature eight sporting events with approximately 250 athletes representing teams from the Army, Marine Corps, Navy/Coast Guard, Air Force, U.S. Special Operations Command, and the British Armed Forces. Adaptive sports and athletic reconditioning activities play a fundamental role in the recovery, rehabilitation and reintegration of our service members and veterans. The events of the 2015 DoD Warrior Games promote the resiliency and warrior spirit of our wounded, ill, and injured service members, veterans, caregivers, and families.

For complete details visit:  http://www.defense.gov/home/features/2015/0615_warriorgames/

U.S. Supreme Court backs death row inmate over intellectual disability claim

REUTERS | BY LAWRENCE HURLEY | June 18, 2015

WASHINGTON - A divided U.S. Supreme Court gave a convicted cop killer on Louisiana's death row a chance to avert execution, ruling on Thursday that the man was eligible for a hearing on whether he is intellectually disabled.

The court, in a 5-4 decision, threw out a 2014 appeals court ruling that barred Kevan Brumfield from asking for the special hearing in which a lower court judge subsequently found he was intellectually disabled.

Brumfield, convicted in 1995 of murdering off-duty Baton Rouge police officer Betty Smothers during an attempted bank robbery, will remain on death row for now. The appeals court has yet to decide if the judge who held the hearing was correct to find that Brumfield was ineligible for the death penalty.

The Supreme Court ruled in 2002 that intellectually disabled defendants are not eligible for the death penalty. Brumfield's lawyers point to evidence showing that, among other things, he had a fourth-grade reading level and needed assistance to function normally.

The question before the Supreme Court was whether a federal district court judge had the legal authority to hold a special hearing on Brumfield's intellectual capacity. Justice Sonia Sotomayor, writing for the court, said the judge was correct to hold the hearing.

The court's four liberals were joined in the majority by conservative Anthony Kennedy. Justice Clarence Thomas, one of the four conservative justices who dissented, said the court should have deferred to the state courts.

Thomas also criticized Sotomayor for failing to describe the crime in detail in the majority opinion. Thomas included a photo of Smothers in his opinion and arranged for the court to post video of Brumfield's confession on its website.

A federal law limits when federal courts can scrutinize state court judgments like the one in this case in which some evidence was presented in a Louisiana court that the state says indicates Brumfield is not, in fact, intellectually disabled.

Sotomayor, describing the state court's findings, said "both of its critical factual determinations were unreasonable," justifying the intervention of a federal judge.

In 2012, the federal judge in Louisiana overseeing the case found Brumfield intellectually disabled and said he should not be executed.

Last year, the New Orleans-based 5th U.S. Circuit Court of Appeals said the hearing should not have been held, noting evidence in the state court proceedings indicating Brumfield was not intellectually disabled.

The Supreme Court threw out that decision. The appeals court will now have to review directly the question of whether Brumfield is eligible for the death penalty.

The case is Brumfield v. Cain, U.S. Supreme Court, No. 13-1433.
(Reporting by Lawrence Hurley; Editing by Will Dunham)

http://www.reuters.com/article/2015/06/18/us-usa-court-deathpenalty-disability-idUSKBN0OY1SQ20150618