Meeting Information

5 REPORT FROM THE CO-CHAIRS

No report.

6 REPORT FROM THE DIRECTOR

Walter Park reported the following:

_ The Mayor’s Office on Disability (MOD) is following up with both the Police Department and the District Attorney’s Office on developing a mechanism for identifying the number of crimes victims with disabilities.

_ The Barden decision, which involved the City of Sacramento being sued for not providing curb ramps, was settled with an agreement to build 1500 curb ramps a year. The issue of providing an accessible path of travel between the curb ramps was further litigated. The judge decided last month that there must be an accessible path in between the curb ramps. The decision may not necessarily have a large impact on San Francisco, but it does mean that the City will be looking at busy or narrow areas that may not have an accessible path of travel.

_ Over the past year the MOD has worked with DPW, DPT, a number of community organizations, and others on a task force to develop a bond measure which would provide $150 million for improvements in the public right-of-way and street resurfacing. There was $30 million in the bond issue for curb ramps, but the Board of Supervisors decided recently not to include it in the ballot for November. The current dilemma is where to find the funds to build the curb ramps.

_ Walter Park attended an Access SF event last month. Access SF, a public service channel, is looking to conduct outreach to the disability community and is seeking people to produce programs with. The Access SF offices and studios are located at 1720 Market Street.

_ The MOD has published an RFQ for obtaining contract services for about $700,000.00 in training, compliance activities, training assistants, and deaf services. A Pre-Bidder’s Conference to provide more information to potential contractors is scheduled for 22 July 2002, City Hall Room 408, 2 p.m.

_ The MOD is restructuring its ADA compliance review process of City facility construction, with the goal of reducing duplicate efforts with the Department of Building Inspection.

_ It is an honor to have Claudia Center, a former Council member, as a presenter at the MDC meeting.

· Ed Evans asked if Walter knew which Board of Supervisors voted against the Pedestrian Safety Bond, and when would the Physical Access Committee meetings resume.

Walter Park did not have the list of Supervisors that voted against the bond, but he noted that the bond needed eight positive votes, which allowed for only three negative votes and there were four negative votes. (Note: the four "no" votes included: Supervisors Sandoval, Hall, Yee and Newsom).

Walter Park replied that that status of the meetings would be determined when the Physical Access Committee staff person (who has been on disability leave for the past two months) returns to the Mayor’s Office on Disability.

7 COMMITTEE REPORTS.

REPORT FROM THE PROGRAMMATIC ACCESS COMMITTEE

Susan Mizner reported (in Harry Mar’s absence) that the Programmatic Access Committee has been focusing on the MOD website organization and format, with the goal of providing users with alternative formats.

The next meeting of the Programmatic Access Committee will be Friday, 2 August 2002 at 11 a.m. at the Rose Resnick Lighthouse, 214 Van Ness Avenue, 2^nd Floor Conference Room. The public is welcome to attend

ASSESSIBLE DESCRIPTIONS OF PUBLIC ART - REPORT FROM THE ARTS COMMISSION

· Jill Manton, Program Director of the Public Art Program of the SF Art Commission, gave a background on the programmatic access pilot program developed over the past year. The Art Commission receives an allocation of 2% of construction costs for a range of municipal projects. The Art Commission develops public art projects with every city department that undertakes construction, such as the Airport, libraries, police department, and recreation and park centers. Guidelines have been developed and finalized for programmatic access to visual arts. The SF Art Commission has been able to incorporate various forms of assessable artwork. There is a series of notebooks that interpret the artwork through large print description, Braille, text interpretation, detailed photographs, and a tape-recorded interview with the artist. The Art Commission will work with the Mayor’s Office on Disability on publicizing the availability of the notebooks. The Art Commission has spoken at three national public art conferences and made presentations on programmatic access in the hopes that similar programs will be implemented. The program is a test program and input/suggestions are welcomed.

· Tonia McNeil, Project Manager of the SF Public Art Program of the SF Art Commission, outlined the various work created:

_ Guidelines for programmatic access.

_ Large print itinerary of all the public art projects completed since 1984.

_ An RFQ explaining the need for accessibility to the Arts Commission’s programs.

_ A videotape describing the new main library’s public art works.

_ A series of masks plaques for the exterior walls of the new swim center.

_ Audiotapes.

_ A section in the notebook that encourages artists to think about making their artwork more assessable, with the emphasis on who is the audience.

_ A second set of notebooks of artwork projects completed from 1999 to 2000 depicted through photographs, Braille, and written text. The notebooks have been placed at the Mayor’s Office on Disability, the San Francisco Main Library, the Rose Resnick Lighthouse for the Blind, and the SF Arts Commission. There are two more notebooks to be placed.

_ A Disability Community Task force (to be set up).

· Ed Evan asked if the SF Art Commission works with the Asian Art Museum in terms of making their artwork accessible.

Tonia McNeil replied that the SF Art Commission is separate from the public museums, although interaction through the public museum’s education program would be useful.

· Leroy Moore asked what other projects are being undertaken by the Public Arts Program.

Tonia McNeil reported on the completion of artwork for the Moscone Convention Center, an art program for Laguna Honda Hospital, a number of library bond projects, and recreation and park bond projects. Projects are advertised through a mailing list. Also, public meetings are held in the communities where the projects occur.

· Susan Mizner asked how does the public learn about serving on the Task Force.

Tonia McNeil can be contacted at 252-2551 should individuals be interested in learning more about serving on the Task Force.

8 ADA UPDATE - RECENT SUPREME COURT DECISIONS AND CHANGES IN CALIFORNIA STATE LAW

Claudia Center of the Legal Aid Society Employment Law Center gave an ADA update report:

_ One of the controversial ADA issues is the topic of determining who is disabled, and who is not.

_ She cited the Toyota case (see handout), and the Prudence Kay Poppink Act (see handout).

_ Claudia discussed the 2000 Legislation Statute and clarified its current status:

· It makes clear that in California, the person who is trying to pursue a case of discrimination need only show that they have a limitation in a major life activity.

· It makes clear that we don’t take mitigating measures into account.

· It makes clear that future disability and the risk of future disability is covered.

· It bars the interactive accommodation process.

· It protects employees from unnecessary medical inquiries from employers.

Claudia cited a few more recent Supreme Court cases:

_ Olmstead versus Elsie - involved unjustified institutional placement. The Supreme Court ruled that unjustified institutional placement is a form of discrimination prohibited by the ADA.

_ Board of Trustees versus Garrett - involved whether or not the State is immune from suits under the ADA. The court ruled that suits by employees against the State for money, under title one of the ADA, is barred by the eleventh amendment.

_ The Barnett Case - involved the plaintiff requiring modest accommodation in his job. The company announced that they were going to sever his employment because of their internal seniority policy. The Supreme Court ruled that ordinarily it is not reasonable to modify seniority policy to provide a reasonable accommodation, but if there are special circumstances, it could require a modification.

_ The Chevron-Ekzaval Case - involved the plaintiff being denied a job at the Chevron because the company deemed that his medical condition could deteriorate as a result of work conditions. The court ruled that the employer could have the defense of threat to self for a disabled employee.

Questions from the Public:

· Ed Evans asked about liability issues for harm done to service animals, and weight discrimination in relation to certain airlines charging for extra seats.

Claudia Center replied that the case law regarding weight discrimination is mixed. She noted that more information about accessibility to airplanes could be found from the National Council on Disabilities Report on the Air Carrier’s Access Act.

· Walter Park asked if City and State Employees are held harmless from what appear to be harmful federal changes.

Claudia Center responded that City and County employees are protected by the FEHA.

· Susan Mizner asked what types of medical questionnaires under State law would be appropriate.

Claudia Center responded that the State Personnel Board has a good survey questionnaire that is relevant to essential job functions.

· Ed Evans commented that as the Chair of the Physical Access Committee, he runs into Title 24 problems all the time. He asked if State law should require that property owners upgrade the accessibility of their property before a new business moves into the property.

Claudia Center indicated that enforcement is an issue; it appears that enforcement only happens when there is litigation. She suggested that perhaps enforcement could include businesses being inspected for access compliance much like they are inspected for health and safety.

· Fred Dunn, a San Francisco resident with a service dog, asked about injuries to service animals and who is considered accountable. He asked if service animals are considered property, and as such, should the owner be entitled to recouping losses associated with harm done to the service animal. He also asked if the Arie Doctrine is applicable to lawsuits against companies located outside of California.

Claudia Center felt that Mr. Dunn is probably right on the service animal issue. In terms of what happens to a person working in California for a company with its headquarters outside of the State, the company is not considered to be a California company. If an employee sues such a company, the company has the right to get the case transferred to the Federal court. The federal court judge then uses federal procedural rules and state substantive law.

· A member from the public asked if it is possible to get the State to provide Cobra Coverage under the ADA when HMO’s and other carriers deny coverage.

Claudia replied that lots of individuals have had problems with health insurance coverage and HMOs. She is not sure about cases involving suing the State over health programs, but it seems that the ADA is not the strongest mechanism for getting health insurance companies to provide particular benefits.

· Leroy Moore asked what is the future of the ADA.

Claudia suggested that there be some form of an ADA Restoration Act. She noted that there are still some remedies to be assessed, but perhaps the only solution may be legislative.

· Ed Evans asked what is the State’s position on bringing accessibility discrimination cases to small claims court rather than depending on attorneys for simple disability cases.

Claudia Center responded that it is a good strategy, and it is something that disability advocates should do more work on.

· Susan Mizner asked if Government Code 11135 was modified in response to Garrett.

Claudia Center responded that Government Code 11135, which prohibits discrimination by the State, has been modified to make clear that that any state entity (any entity operated by the State or funded by the State) can be sued under section 11135.

· A Human Resources Manager for the Department of Child Support Services asked if there is an effective way for the City to deal with the many ADA cases that are filed involving depression, bipolar syndromes, diseases and other symptoms.

Claudia Center indicated that a system is required so that employees know how to and from where to ask for accommodation. The most reasonable accommodation should simply be considered as a good management strategy, regardless of whether the employee is disabled or not. It would nice to see more flexibility in all of our workplaces, including City government.

· Leroy Moore reminded everyone that it is the 12th Birthday of the ADA on July 26th.

9 REPORT ON THE EFFECTS OF STATE BUDGET CUTS FOR THE DISABILITY COMMUNITY

Carol Bradley of the Independent Living Resource Center (ILRC) SF reported that:

_ The Senate budget has passed, but the Assembly budget has not. The Senate budget includes the cost of living adjustments (COLAs) for SSI and SSP. She indicated that the Senate’s budget should be supported.

_ Health care is a mixed issue. She discussed the medical reimbursement rate, which had been reduced from $23.00 to $17.00. The Senate has put together SB 3006 to reinstate the reimbursement rate to $23.00.

_ The Special Circumstances money, which gives funds to low-income individuals, has been removed from the budget.

_ Senator Burton should be thanked for his leadership in ensuring that the COLAs stayed in the budget. His San Francisco office number is: 415-557-1300, and his fax number (for Thank You’s only) is: 415-557-1212.

_ Individuals could contact Assemblyman Kevin Shelley, phone number 415-557-2312, fax 415-557-1178 and Assemblywoman Carol Migden, phone number 415-557-3000, fax 415-557-3007, to express their support for the Senate budget.

· Leroy Moore asked how would a person go about lobbying on the issue of ensuring that there is medical support for children with disabilities.

Carol replied that it’s difficult to tell how the recent legislation will affect children, although its obvious that the medical reimbursement rate cut would affect many families.

· Ed Evan asked if the SF Gate web page lists TTY assess numbers for Senator Burton, Assemblyman Shelley, and Assemblywoman Migden.

Carol Bradley noted that there are no TTY numbers listed.

Elmy Bermejo, from Senator John Burton’s office, gave an update on the State Budget:

_ There has been a $52 million reduction in the developmental services budget.

_ Rates will not be increased in the area of rehabilitation.

_ There will be a delay on the publication of the upcoming budget.

· Ed Evans asked if the Senator’s office could look into restoring durable medical equipment under Medical.

Elmy Bermejo replied that it is an issue she can work with him on.

Patricia Kemerling gave a report on the ARC:

_ The ARC provides services to approximately 600 to 700 individuals with developmental disabilities. Services include in home support, vocational services, and job placement.

_ $1.25 million in funding has been lost over the past seven years for job training and job placement services. The cost for placing an individual is $4,000.00, while the State will pay the ARC no more than $1,000.00 for placing an individual.

· Leroy Moore stated that through his work on Developmental Disability Council Board, he’s noticed that it’s been years since there’s been an increase in the wages of people providing these services. He asked if the ARC has experienced the same.

Patricia Kermerling responded that is has been difficult getting people to work for them.

· Ed Evans asked if Medical would fund optional devices for individuals with multiple disabilities, such as devices for the hearing-impaired, lighted signal devices for doorbells, phones and fire alarms, and so forth.

Patricia Kermerling replied that funding for those services have been eliminated.

Jim Brune noted that Medical does not cover such devices. However, deaf and hard of hearing individuals can get assistive devices from the Deaf and Disabled Telecommunications Program located in Oakland.

· Leroy Moore suggested that the ARC use the recent U.S. Census data on the increased number of disabled youth as a tool for restoring services and resources.

Patricia Kermerling indicated that hopefully next year the ARC would be able to.

· Leroy Moore asked when is the next ARC meeting.

Individuals could contact Patricia Kermerling at 415-255-7200 x111 for information about future ARC meetings.

10 CORRESPONDENCE

· Grace Lee reported that letters have been received from:

_ The Paratransit Coordinating Council regarding a Channel 5 news story.

_ Ernestine Patterson regarding events or donations to assist the disabled community with education and employment.

_ Evette Taylor-Monochino regarding the disability community’s access to services provided by the SF District Attorney.

Correspondence items are available at the Mayor’s Office on Disability.

11 PUBLIC COMMENTS

· Joseph Partansky of Contra Costa noted that the National Association on Alcohol, Drugs, and Disability (NAADD) publishes the NAADD Report, a newsletter that may be of interest to the disability community. The NAADD can be contacted at: phone 650-578-8047, fax 650-286-9205.

He also commented that, for the first time in 25 years, the State Pharmacy Board is going to review a publication on the best use of medicines. He would like the publication to be more suited to the disabled community.

· Asif Iqbal, who works with the Mayor of London, Kent Livingston, gave an update on recent projects to improve access for the deaf citizens of London. He works for the Campaigns Office for the Deaf Organization of the Royal National Institutes for Deaf People, an organization that represents 8.7 million deaf individuals of the United Kingdom. He works with the mayor on providing services related to health, transportation, and to provide training to the police enforcement in terms of the needs of deaf individuals. Books and posters for deaf people are being produced for distribution at 5,000 visitor centers in November 2002. Next year’s focus will be on providing training to further adult education and training.

12 MEMBER REQUESTS FOR FUTURE AGENDA ITEMS

· Leroy Moore would like the MOD to invite Laura Guzman, the Director of the New Mission Neighborhood Resource Center, to give a presentation on the benefits and services of the new center.

13 COUNCILORS’ COMMENTS AND ANNOUNCEMENTS

· Leroy Moore read a letter from Allison Lum to the Council Members. In her letter, Allison Lum expresses her appreciation to the Council Members for all their hard work. She regretfully resigns from the Council and wishes them well.

· Leroy Moore reported that the Disability Advocates of Minority Organization (DAMO) held a meeting in the Bayview District. DAMO’s next meeting will take place in August at the Mission Neighborhood Resource Center. He can be contacted for more information about the meeting at: 510-649-8438.

14 ADJORNMENT

The meeting was adjourned at 4:05 p.m.