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Mayor’s Disability Council
Minutes
18 December 2009
WELCOME, INTRODUCTION, AND ROLL CALL
The meeting was called to order at 1:00 p.m. by Co-Chair F. Ross Woodall.
Roll was taken by Clerk Martinez.
Present: Raphaella Bennin, Elizabeth Grigsby, Tatiana Kostanian, Denise Senhaux, Jul Lyn Parsons, Vincent Webster, and F. Ross Woodall.
Excused Absence: Harriet Chiu Chan
Absent: Benito Casados
Mayor’s Office on Disability: Susan Mizner, Director; Joanna Fraguli, Deputy Director for Programmatic Access; JohnPaul Scott, Deputy Director for Physical Access; Ken Stein, Program Administrator; Karma M. Quick, Programmatic Access Specialist; and Mabel Martinez, Council Clerk.
2 ACTION ITEM: APPROVAL OF THE AGENDA
The agenda was read and approved, it being noted that there will be no Disaster Preparedness Committee Report.
3 ACTION ITEM: APPROVAL OF THE NOVEMBER 2009 MINUTES
The Council did not approve the minutes due to last-minute changes to the November 2009 Draft Minutes.
4 PUBLIC COMMENT: Items not on today’s agenda, but within the jurisdiction of the MDC. Each speaker is limited to three minutes.
Bob Planthold expressed his concern about MUNI’s draft budget. He urged the Council to consider a discussion with MUNI about the health and financial earning capacity of the disability community and how an increase of fares is injurious to the community. Mr. Planthold would like the Council to act early in encouraging MUNI to better maintain the system and services it currently provides before its draft budget comes before the Mayor for approval.
Roland Wong commented that he is very pleased with MUNI’s shuttle service between the Forest Hill MUNI Station and Laguna Honda Hospital. He said he is also glad there is now weekend service but is concerned that its provider, Paratransit, is providing that service for only 90 days. Mr. Wong urged the Council to push for funding so service between these two stops is available each weekend.
On another issue, Mr. Wong conveyed his satisfaction with the newly-installed automatic door openers at the Forest Hill Station. He expressed his thanks to MUNI and all supporters of the installation for the much-needed improvement to the station.
5 INFORMATION ITEM: Report from the Chair
Co-Chair Parsons thanked both Roland Wong and Julie Kirschbaum of MUNI for their advocacy and work, to ensure that service to Laguna Honda was not disrupted due to the discontinuance of the 89 MUNI bus line.
Co-Chair Parsons additionally reported on issues and developments the Council will take into consideration for the next few months:
- The Council will monitor the projected $522 million deficit for the City and County of San Francisco to determine what part the Council can play in protecting disability civil rights.
- The Council will also monitor the rapid transit project on Van Ness and would like to hear input from persons with disabilities on that issue.
- The Council looks forward to hearing from the Historic Preservation Commission at the MDC’s January meeting.
- The Council’s Holiday Party is immediately following the meeting in Room 370 of City Hall. All are welcome to attend.
6 INFORMATION ITEM: Report from the Director of the Mayor’s Office on Disability.
Director Mizner reported on the following items:
- There are several issues that the Mayor’s Office on Disability will be watching closely along with the Council in the year 2010. These include in-home support and community services for people with disabilities, frequent parking and disability placard issues, disaster preparedness, adaptable and accessible housing issues, and outreach to the poorest communities in San Francisco where disability rates are highest.
- The Office will also address two class action lawsuits filed against the city. One lawsuit affects people with disabilities who use walkers, wheelchairs or scooters. A proposed settlement has been reached and affected members of the community are encouraged to read the details at www.sfgov.org/mod regarding participation in the settlement.
It should be kept in mind that San Francisco is a wealthy city both in terms of national standards for median income and availability of community services for people who are low-income and people with disabilities. We are also rich in terms of a diverse population that cares about and celebrates our community services and supports these services in many ways financially and through volunteerism, time, and idealism.
- Finally, she noted that the City’s public library system is on its way to being not only upgraded and renovated but also completely accessible.
Director Mizner expressed her gratitude for the work of the Council Members and the staff of the Mayor's Office on Disability and the 50 city departments it works with.
INFORMATION ITEM: Fair Housing Amendments Act Training. Presentation by AIDS Legal Referral Panel Attorneys and MOD Interns Jaime Rush and Sara Malan.
Ms. Rush and Ms. Malan are attorneys with the AIDS Legal Referral Panel (ALRP) and have been working with the Mayor’s Office on Disability on a collaborative program to provide outreach and education to publicly assisted housing providers and their residents about their respective rights and responsibilities under Fair Housing laws. The trainings are specifically focused on how civil rights laws protect disabled tenants in their housing.
The trainings are needed for several reasons. First, approximately 94% of residents in Housing Authority households in San Francisco have at least one disabled tenant in residence. This percentage includes a wide variety of disabilities, possibly meaning that many different needs of tenants are going unmet. The attorneys have found that approximately one-third of the clients at the ALRP have housing disputes that relate to their disability.
Landlord-tenant disputes, in relation to disability rights issues, may arise at any point from the application for tenancy through the eviction process.
For example, “First-come, first-served” application procedures can be a serious barrier for a disabled tenant who is applying for housing. This procedure results in applicants standing in line for hours at a time to submit timely applications, and people with various types of disabilities may be unable to do so if unable to stand for periods of time or if medication is needed at certain intervals. An example of discrimination during the tenancy is a tenant who becomes disabled while living in the building and needs a service animal. Landlords enforcing no-pet policies may deny the service animal or begin eviction proceedings not realizing a service animal is not a pet and is a medically-necessary accommodation for the tenant.
There are a number of laws in place to protect disabled tenants against discrimination in their housing. Federal laws include the Fair Housing Amendments Act, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act. California has two laws that protect disabled tenants: the Fair Employment and Housing Act (FEHA) and the UNRUH Civil Rights Act. These laws are very broad and cover nearly all types of housing with a very narrow exception around single-family homes. The laws also cover a wide range of disabilities including mental health disabilities, visual impairment, mobility limitations, hearing loss, and AIDS, to just name few. Finally, the laws also cover a variety of different circumstances in which disabled tenants will be protected. One is that landlords or housing providers are prohibited from denying a tenant's request for reasonable accommodation. Housing providers are also prohibited from refusing to rent to a tenant because of the tenant's disabilities. Further, housing providers may not treat a tenant differently because of their disability.
Under each of the laws, a tenant may make a request for a reasonable modification of the physical premises. A modification may be necessary so the tenant has full and equal use of his housing as well as the enjoyment of the housing unit. Private landlords must allow a modification but they do not have to pay for it. This presents a serious challenge for many tenants with disabilities who live in private housing and need a modification but cannot afford it. This often leads to either temporary or permanent relocation depending on the nature of the disability. However, in public and assisted housing the landlord may be required to pay for the modification. Modifications that could be made are limitless because of the individual and unique nature of each disability and the unique needs of each person with a disability, but examples might include the installation of an automatic turn-off faucet, removal of thick carpet for a wheelchair user, widening of doorways, or the installation of grab bars in a bathroom.
Under each of the laws, a tenant may make a request for an accommodation, which is a change in the building’s housing policies or procedures that is necessary in order to provide full and equal use and enjoyment of housing. Accommodations, like modifications, can be made at any time in the tenancy. Accommodations must also be reasonable for the disability and they cannot pose either a fundamental alteration or be an undue burden financially to the landlord. To determine whether an accommodation is an undue burden, courts look at the size of the housing provider and how many properties are owned by the provider.
If the housing provider owns two units in one building but owns 29 buildings, the courts will consider this fact in determining whether the provider can afford the particular requested accommodation. Additionally, as is done with modifications, it is the responsibility of the tenant to request the accommodation he or she needs.
Ms. Rush and Ms. Malan offered a mnemonic device for determining if a requested modification or accommodation is reasonable. The mnemonic is “DANCE” -- Disability, Accommodation, Necessary, Cost, and Effect. The tenant must have a disability as defined under a federal or state law. The tenant must also be requesting an accommodation of the policy. The accommodation must be necessary because of the disability, and landlords may ask for proof of necessity (such as a doctor’s note that a service animal is needed), but not details on the disability or diagnosis. The cost of the necessary accommodation must not be an undue burden or too expensive for the housing provider, and the effect must not be a fundamental alteration to the provision of housing services.
The mayor's office on disability retained Ms. Malan’s and Ms. Rush’s services to provide training on this topic for housing providers in city-funded properties, for residents of those same properties and for support services staff. In 2008 and 2009, they have trained more than 500 individual housing providers and staff and nearly 75 separate properties. They have also trained over 150 residents and tenants representing more than 15 properties. In addition to their training, the attorneys also conduct follow-up monitoring of the properties they’ve trained by returning to the property several months after training to ask questions and ensure the training was effective. The results have been impressive: 90% of previously monitored properties scored higher after their 2008 or 2009 training. Ms. Malan and Ms. Rush have also been able to note a correlation between high attendance at the trainings and above-average monitoring scores, indicating that attendance at trainings has an impact when trainees return to their properties and implement the information learned from the presentation. An ultimate indication that the trainings are successful is that 92% of all properties monitored in 2008 and 2009 currently have accessible application procedures.
Co-Chair Parsons thanked Ms. Rush and Ms. Malan for their presentation and for clarifying that the tenant must take the initiative to request the accommodation from the housing provider. She also asked what happens when a reasonable accommodation request is made but the tenant cannot afford it and the accommodation, while reasonable, is also complex. Ms. Rush replied that it depends on whether the tenant is in public or private housing. Co-chair Parsons also commented that she felt the attorneys and HUD would be supportive of the Anti-Smoking Legislation.
Co-Chair Woodall asked for clarification on rules regarding whether people with disabilities and life-threatening illnesses are exempt from a lease term or from paying rent. Ms. Rush replied that there are no prohibitions on evicting tenants with disabilities but that in San Francisco there are many protections for tenants who because of disability or illness may not be able to relocate within a certain eviction period or laws providing for accommodation during that time.
8 INFORMATION ITEM: Our Public Libraries: Excellence In Access. Presentation on the Library’s bond program and increased accessibility throughout the City. Presentation by Chief of Branches Brian Bannon & ADA Coordinator Marti Goddard, SFPL.
Marti Goddard began the presentation with a brief overview of the current ways in which the Public Library provides programmatic access and promotes awareness of disability. Examples include assistive technology such as computers with software for people with learning disabilities, vision impairments, or mobility or dexterity disabilities. There is also Video Relay Service equipment for people who are deaf or hard of hearing. The Library has just received a grant that will allow it to purchase accessibility tool kits for each branch, including the Main branch.
The Main branch has a Deaf Services Center with a special collection about hearing loss, deafness, American Sign Language, and Deaf Culture. It also has a learning differences program which is the first and largest collection of its kind in the nation. Another accessible program is the sub-regional library for the blind and print disabled with talking books that are lent to people by mail or by reserved use at the library. The Friends for Life Program provides library services to people with disabilities who are homebound. Such clients can choose either to have material sent by mail to their homes at no charge or reserved for an appointed person who can use their library card on their behalf. Finally, the Library on Wheels visits more than forty care centers and hospitals each month so that seniors or hospital residents who cannot come into their library may access the Library’s services.
Brian Bannon then discussed the Library’s physical access status and upcoming renovations to branches that are not fully accessible to people with disabilities. In November of 2000, the City passed a bond that aimed to renovate sixteen neighborhood libraries as well as to begin construction on eight new branch libraries, including replacing four city-owned buildings, building three new libraries and adding the Mission Bay branch library for the new neighborhood. This program is now at its midpoint with more renovated libraries yet to open. One comprehensive goal of the library is to build twenty-first century library branches that would better serve the teenage population, add community meeting spaces as well as programming spaces and study rooms, improve areas for materials handling, and maintaining and expanding our existing collections as well as increasing access to public technology.
Another goal from the 2000 bond initiative is to build library branches in San Francisco that not only exceed accessibility requirements of the ADA but that are also seismically safe and stable. The Library staff met with community members citywide to determine each neighborhood’s priorities and needs not just from code perspective but also from the community perspective.
Another key area in terms of accessibility for the Library is ensuring access to libraries’ building primary entrances. Additionally, the Library is working to see that all bathrooms, whether existing or newly-built, are fully accessible for people with disabilities. Water fountains, service counters, seating, computers, as well as self-service are other examples of things the Library is working to make itself accessible to the public. The Library is additionally working with and educating its vendors to provide size-appropriate furniture and shelving for clients of all ages, sizes, and abilities. As an example, it worked with 3M to provide accessible self-service check-out terminals after it was discovered the machines were not ADA-compliant.
The Library currently has plans underway to renovate all branches in the City. Mr. Bannon provided a map from the Mayor’s Office on Disability that distinguished the fully accessible branches from those currently under construction and those branches that are in the planning stage for accessibility and have funding for their renovations. The good news is that there are no branches of the San Francisco Public Library that are currently inaccessible that have no plans or funding in place to make them accessible. In March of 2010 there will be a total of fourteen library branches that are completely renovated or newly-built. Branches that are complete include Excelsior, Marina, Mission Bay, Noe Valley, Portola, Richmond, Sunset, West Portal and Western Addition. Branches that are under construction include Bernal Heights, Golden Gate
Valley, Merced, Ortega, Parkside, Potrero (which opens in March of 2010) and Visitation Valley.
Currently in the bid phase are the Park branch, which is planned to close in February for remodeling, and the Presidio branch, which closes December 19, 2009 for remodeling.
The lone branch that is up for bid currently is the Bayview branch. The last Library branch in the design phase is North Beach.
PUBLIC COMMENT:
Peggy Coster expressed a concern over the North Beach branch and seven other branches that are under consideration for designation as historic structures. She is concerned this might result in the accessible branch designs being scrapped. Additionally, Ms. Coster expressed frustration with accessing the internet via accessible computers in both the North Beach and the Marina branches, where people with mobility disabilities may need to rely fully on a librarian to access the internet, as tables are not height-adjustable and do not allow for easy reaching for some who use mobility devices.
Councilmember Bennin commented that she was one person involved in reviewing maps of different city department accessibility levels. She said it is rewarding to see the levels of accessibility that the Library branches have and the efforts underway to benefit people with disabilities in each district in San Francisco.
Co-Chair Woodall noted that the issue of historic designation is on the agenda for the January 2010 meeting of the Council.
9 ACTION ITEM: MDC Resolution in Support of CCSF Ordinance Prohibiting Smoking in Enclosed Areas, Certain Unenclosed Areas, and Sports Stadiums.
Co-Chair Parsons introduced the Council’s proposed Resolution and gave a brief overview of the Ordinance. The legislation from Supervisor Eric Mar's office will, if enacted, forbid smoking in many new settings, adding to existing bans, and expand existing no-smoking zones. The Council believes it is a civil rights issue for people with environmental sensitivities and illnesses in addition to being a critical public health issue.
Council Clerk Martinez read the text of the Resolution.
PUBLIC COMMENT:
Bob Planthold encouraged individuals to contact their own supervisor to create additional awareness of this important issue. He noted that his concern stemmed from an online survey in the "San Francisco Business Journal" where the majority of participants responded positively to a question of whether the San Francisco Board of Supervisors has gone too far in prohibiting outdoor smoking.
Co-Chair Parsons encouraged members of the public to do the same and noted that second-hand smoke creates a barrier for non-smokers and those who go out in public spaces and are sensitive to cigarette smoke. She added that no amount of profit should determine the public health, and the Council’s Resolution and resolve demonstrates this is a vital civil rights issue to which no concessions should be granted.
Councilmember Senhaux moved to accept the Resolution. It was seconded by Councilmember Bennin.
Co-Chair Woodall opened the floor for discussion and noted that when the initial ban on public smoking was enacted, small business owners believed the ban would negatively impact business, but yet the opposite occurred. Councilmember Kostanian expressed satisfaction that hospitals’ enclosed areas will be included under the legislation, and Councilmember Grigsby stated she feels this is an important ban to have in effect overall.
The Resolution passed unanimously by those present. (Attached).
10 VIDEO: “Muni For All – Accessibility for Low Vision and Blind Riders – Announce it!”
The first several minutes of the video were presented to the Council, but the showing of the entire video was curtailed due to technical difficulties.
11 INFORMATION ITEM: Report of the Disaster Preparedness Committee
There was no report from the Disaster Preparedness Committee.
12 PUBLIC COMMENT: Items not on today’s agenda, but within the jurisdiction of the MDC.
Peggy Coster informed the Council that car insurance companies are legally allowed to depreciate the wheelchairs of people with disabilities who are struck by vehicles while crossing the street or who are involved in automobile accidents. Decisions have been issued by the California Supreme Court that find against the wheelchair user, making a fight against the insurance company difficult for people with disabilities.
13 DISCUSSION ITEM: Correspondence.
There was no correspondence.
14 DISCUSSION ITEM: Council Members’ Comments and Announcements.
Councilmember Bennin issued a reminder to the Council and the public that both the Mayor's Office on Disability and the Mayor's Disability Council are on Facebook. The Mayor's Office on Disability is also on Twitter. She encouraged everyone to take a look, become a fan, and become a fellow “tweeter.”
Co-Chair Woodall requested an update from Director Mizner as to the closure of the Mayor’s Office on Disability over the holidays. The Office will be open December 21-23, 2009 and December 28-30, 2009. It will be open for the full business day those six days and will resume regular business days and hours on January 4, 2010.
15 ADJOURNMENT In Memory of Disability Advocate Sandy O’Neill
Ken Stein of the Mayor’s Office on Disability provided a tribute to Sandy O’Neill, who was a long-time disability rights advocate. Ms. O’Neill had worked with the World Institute on Disability conducting research and doing trainings on the experience of people with disabilities during the Holocaust. She served on the Board of the Independent Living Resource Center SF for six years and was known to many on the Long-Term Care Coordinating Council as a powerful and tireless advocate. During her illness, Ms. O’Neill was a staunch self-advocate who led her own case management team and fought to care for herself as independently as she could, and won the fight to live outside of an institution – the very things she fought for others for decades and on the Long-Term Care Coordinating Council. Mr. Stein concluded his tribute by saying Ms. O’Neill, by fighting for independent living both publicly and personally, is an example to us all and worthy of our admiration.
The meeting was adjourned at 3:20 p.m.