2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998
Gavin Newsom
Mayor
Susan Mizner
Director
Jack Fagan
Co-Chair
Jul Lynn Parsons
Co-Chair
Norma Block
Ed Evans
Eugene T. Flannery
Elizabeth Grigsby
Tatiana Kostanian
Robert Neil
Ruth Nunez
Richard Ow
Denise Senhaux
Mayor's Disability Council
Minutes
16 July 2004
1 ROLL CALL
Mayor's Disability Council Members Present: Norma Block, Ed Evans, Jack Fagen, Eugene T. Flannery, Jul Lynn Parsons, Tatiana Kostanian, Robert Neil, Ruth Nunez, Richard Ow and Denise Senhaux (via Bridge Line).
Absent: Elizabeth Grigsby
Mayor's Office on Disability: Susan Mizner, Director; Ken Stein, Program Administrator; and Howard O. Wong, Council Clerk.
Jul Lynn Parsons, Co-Chair, called the meeting to order at 1:02 p.m.
2 APPROVAL OF THE AGENDA
The Council approved the agenda of the July 16, 2004 MDC Meeting.
3 APPROVAL OF THE MINUTES
The Council approved the minutes from the meeting of June 18, 2004.
4 PUBLIC COMMENT
* Darlene Rutkowski, State Department of Rehabilitation, spoke about her office's involvement in creating employment opportunities for people disabilities. On May 12th, Mr. Rutkowski met with 38 of the ADA Coordinators in the City and County of San Francisco to market the Rule 115 appointment.
* Jerry Grace announced there is a San Mateo County Fair August 13th through August 22nd.
* Linda Chapman urged the council members to look into the issue of MUNI accessibility, specifically as regards the elimination of several bus stops along the Geary Street corridor because this creates particular difficulties for people with disabilities.
* Jakkee Bryson spoke about her lack of accommodations at a homeless shelter located on 1001 Polk Street, specifically the broken disabled toilet stall door and the lack of a bench or shower wand for the disabled shower stall.
* Bob Planthold urged the council members to contact the Mayor's Office on the lack of sensitivity with the Metropolitan Transportation Commission (MTC) regarding the special transportation needs of people with disability. In addition, Mr. Planthold urged Members to reject the recommendation that all seniors and people with disabilities no longer be eligible for the $216 million dollars allocated for lifeline transportation.
5 REPORT FROM THE CO-CHAIRS
Jack Fagan announced there is no Mayor's Disability Council Meeting scheduled for August. The next regular MDC meeting will be on Friday September 17, 2004. The topic will be on issues relating to Laguna Honda Hospital. The next Executive Committee Meeting will be at Laguna Honda Hospital on Tuesday, July 20, 2004.
Mr. Fagan provided an update on proposed state and local budget cuts, which were discussed at last month's MDC meeting. He reported that there was a restoration by the Board of Supervisors' Budget Committee of over $11 million to the Department of Public Health including more than $2.5 million to continue operating the human dialysis unit at San Francisco General Hospital. He thanked Council Member Tatiana Kostanian who provided testimony on the necessity of maintaining this vitally needed unit. In addition, $1 million was restored to cover homelessness services expansion and another $280,000 to MUNI for paratransit services.
Mr. Fagan also reported that Department of Aging and Adult Services had 19 positions cut by the Mayor's staff and three more cuts from the Board of Supervisors. One of the positions effected was the Executive Director. While maintaining the Director title, the classification was demoted to a "Program Manager" position, which decreased the power and status to implement services for people with disabilities. For more information on the potential setback on these services, contact Planning for Elders at (415) 703-0188 or www.planningforelders.org.
6 REPORT FROM THE DIRECTOR
ADA 14th Anniversary Celebration - Ms. Mizner announced there will be a celebration, rally and press conference scheduled for Monday, July 26th at 11:00 a.m. in the South Light Court at City Hall. Guest speakers will include Assemblyman Leland Yee, members of the Board of Supervisors, a renowned poet and other advocates from the community.
Self-Evaluation Report - Ms. Mizner reported that it is done and it looks beautiful. She wanted to thank current council members such as Norma Block and Elizabeth Grigsby and former council member Michael Kwok, in allowing us to use their pictures for this report. The report makes several recommendations and the next step is to evaluate what is needed to accomplish these recommendations, set priorities, and provide a timeline. The report will be available for viewing on the MOD's website in the near future.
Complaints Intake/Referrals - The Executive Committee requested MOD to report on any two common complaints. Ms. Mizner reported that one common complaint is the lack of accommodations in homeless shelters such as bed re-assignments. Staff members from shelters are now trained to do bed re-assignment on the computers on-site and no longer does one need to return back to the Resource Center for re-assignment.
Another recent complaint was regarding MUNI accessibility in relation to the detour work in the Golden Gate Park Concourse. MUNI provided a bus stop that was on the dirt and on a curb with no ramps. City workers responded immediately to add asphalt and install curb ramps at that location.
Public Meetings Checklist - Supervisor Michela Alioto-Pier introduced a resolution adopting the use of the Accessible Public Event Checklist for all city-sponsored public meetings and events. The Board passed the resolution without objection.
Lastly, Ms. Mizner announced that Richard Skaff, Deputy Director of MOD, has now retired from the office. She expressed her gratitude for all his hard work and advocacy. She assured the community that Mr. Skaff will not disappear, but is sure to continue his advocacy on behalf of disability access. His vacant position will be advertised shortly.
7 REPORT FROM THE PROGRAMMATIC ACCESS COMMITTEE (PAC) CHAIR
Harry Mar reported the PAC continues to work on two specific projects. The first is the survey of businesses owned by persons with disabilities, pertaining to Section 12D of the City's administrative code which is the City's affirmative action measure on city contracting opportunities. Ten of the 11 respondents from the survey indicated their willingness to testify on behalf of businesses owned by persons with disabilities. Therefore, the PAC would like approach the Human Rights Commission as to the next step.
The second project that PAC continues to work on is website accessibility. They are drafting a recommendation to be presented to the council. The next PAC meeting is scheduled on Friday, September 3rd at 11:00 a.m. to 12:30 p.m. at the Rose Resnick Lighthouse for the Blind located at 214 Van Ness Avenue.
REPORT FROM THE PHYSICAL ACCESS COMMITTEE (PhAC) CHAIR
Mr. Evans reported the PhAC is currently working on the housing standards for construction in San Francisco. Their next meeting is scheduled on Friday, August 13th at 1:30 p.m. to 3:30 p.m. at City Hall in Room 421. (Now postponed to Thursday, August 26th, same time & place.)
8 COUNCIL ENDORSEMENT OF MDC REPORT AND RECOMMENDATIONS ON DISABILITY ISSUES TO 10 YEAR PLANNING COUNCIL ON CHRONIC HOMELESSNESS
The council members voted unanimously to endorse the MDC Report on disability issues to the Ten Year Planning Council on Ending Chronic Homelessness.
9 ANNOUNCEMENT OF DEMONSTRATION OF ACCESSIBLE TOUCHSCREEN VOTING SYSTEMS - PRESENTATION BY DEPARTMENT OF ELECTIONS.
Jennifer Novak, Department of Elections (DoE), announced that MOD and her office have organized a touch screen voting system demonstration for people with disabilities to view and use as "hands-on" training and to give feedback to MOD and DoE. There will be five different vendors displaying their different systems. This event is scheduled for Monday, July 26th from 12:00PM to 4:00PM outside Room 48, the Elections Department. For more information, call Ms. Novak at 554-4365 or [email protected].
10 AMERICAN WITH DISABILITIES ACT (ADA) 14th ANNIVERSARY ITEMS -
Brief Remarks by Mayor Gavin Newsom and Supervisor Michela Alioto-Pier &
Brief History of the Bay Area Disability Rights Movement (Presentation by Ken Stein)
Mayor Gavin Newsom spoke before the Council, saying proud he is of the council for their outstanding leadership and stewardship. Mayor Newsom said he is proud of the progress that has been made in advancing the rights of the disability community. For example, a few years ago, he attended an event after his swearing-in ceremony in the Green Room at War Memorial's Veterans Building, which had not been accessible to the disability community. A temporary ramp was installed and today, he is happy to report that the temporary ramp is now permanent. He appointed Michela Alioto-Pier to take over his seat in District 2, whom he has chosen for her "remarkable capacity...tremendous integrity and skills". He realizes that there is more to do, and he will continue to reach out and be accessible to the disability community.
Supervisor Michela Alioto-Pier provided political background information on her experiences working with the disability community, including her disability policy work with the Clinton-Gore administration. She and other people with disabilities worked on making sure there were interpreters and materials in alternative formats at all the campaign events. Supervisor Alioto-Pier reminded everyone that one of our Presidents, Franklin D. Roosevelt, had a severe disability. President Roosevelt was one of the many great leaders from our history that comes from the disability community. She notices the progress and feels that a people with disabilities are starting to become more "mainstream".
Currently, the Board of Supervisor's Chambers lack the accessibility for her to sit at the President's seat. However, with creativity and resources, she is optimistic that it can be accessible. She looks forward to continuing to work with the disability community and furthering the cause to make San Francisco accessible for everyone.
A BRIEF HISTORY OF THE BAY AREA DISABILITY RIGHTS MOVEMENT -
Presentation by Ken Stein
MOD Program Administrator Kenneth Stein gave a brief history of the Bay Area Disability Rights Movement. He explained how Berkeley's Center for Independent Living emerged in the mid 1970s out of U.C. Berkeley's Physically Disabled Student Program, in the context of Berkeley's Free Speech Movement and the movement for black civil rights. He discussed what disability civil rights means in relation to attitudes and accessibility; the spread of independent living centers throughout the country; the 1977 "504" San Francisco Sit-In for Disability Civil Rights; and the importance of all of these events in relation to the development of later disability civil rights laws, including the Americans with Disabilities Act.
KEY ADA SUPREME COURT CASES -
Presentation by Claudia Center, Employment Law Center
Claudia Center, Senior Staff Attorney at the Employment Law Center, spoke about a recent Supreme Court ADA case, Tennessee vs. Lane. The plaintiffs in the case, two wheelchair users, sued the State of Tennessee for failing to make the courthouse accessible, and for penalizing one of the plaintiffs for refusing to either crawl or be carried up the courthouse steps. They filed the suit under Title II of the ADA in 1998 and the Supreme Court recently ruled in their favor.
Ms. Center noted that subsequent to the passage of a number of Civil Rights laws (including the Civil Rights Act of 1964, The Rehabilitation Act of 1973, the Individuals with Disabilities Education Act, the Age Discrimination in Employment Act and the American with Disabilities Act of 1990) it had not occurred to anyone that these laws could be thought of as unconstitutional as applied to the states. She discussed Lane vs Tennessee in the context of a number of recent Supreme Court decisions that have been changing the balance between Congress and the Court, between the Federal Government and the states, and to increase states rights.
She discussed what these cases mean in relation to the Commerce Clause of the Constitution as well as Section 5 of the Fourteenth Amendment, which gives Congress the power to enact laws to ensure equality, as well as in relation to the "congruence / proportional" test for determining whether or not a particular group has suffered discrimination.
She noted that the Lane case we determined based on the fact that the Supreme Court concluded that access to a courthouse is a fundamental right and that there is a well-established history of a lack of access to courthouses.
She concluded that it is important to support the sovereign immunity bill in the state legislature; as well as to have follow-up litigation regarding Title II of the ADA as it applies to education, prisons, etc; to continue to put together disability history; and to continue to promote broad enforcement of the ADA.
COUNCIL MEMBERS COMMENTS ON WHAT ADA MEANS TO THEM
Mr. Evans stated that "accessibility" is what the ADA means to him, in terms of having access to all public buildings, education, healthcare, housing, etc. He feels that there is still a need to create more access.
Mr. Flannery said, for him, the ADA means an ending to isolation in people's lives and making it possible for one to come out figuratively and literally.
Mr. Neil encouraged all to look at all the positive things of Laguna Honda despite all of the recent negative media attention. He has been a resident at that facility for 14 years and has seen many good things.
Ms. Senhaux shared her perspective as a professional with a disability working in the private sector and dealing with disability issues. She feels that the ADA doesn't make one better or worse, but equal. Therefore, Ms. Senhaux stated that it has empowered her to become an advocate for persons with disabilities and she knows that without this law, she would not have gained employment.
11 CORRESPONDENCE
The council members received an e-mail from Nick Elsner, Department of Public Works (DPW), on an upcoming public meeting scheduled on Wednesday, August 4th to discuss the public guidelines on metallic plates, manholes, grills, etc. located in the public sidewalk to comply with the U.S. Architectural and Transportation Barriers Compliance for slip resistance recommendation. For more information, contact Mr. Elsner at (415) 554-6799 or [email protected].
12 PUBLIC COMMENT
* Patricia Kemerling, The Arc San Francisco, spoke about her agency embarking on a citywide campaign to secure entry-level part-time jobs, specifically for people with developmental disabilities. Ms. Kemerling encourages the disability community and organizations to participate as community partners in this process. People can contact her at (415) 255-7200 or [email protected].
* Lori Guidos spoke about the website called "www.disabledcommunity.org" that she has been developing for the past ten months, on a volunteer basis sponsored by the Independent Living Resource Center and the Mayor's Office on Disability (MOD). The website provides links to other resources for people with disabilities. She encouraged all to view the website and provide feedback since it is still a work in progress. For more information, contact Ms. Guidos at [email protected] or at MOD on Tuesdays from noon to 4:00PM at (415) 554-6785.
* Michael Kwok expressed his concerns regarding the latest incident at Laguna Honda Hospital involving a sexual assault on a patient with multiple sclerosis. He said there is a need for a centralized security system.
* Joe Partansky, a Concord resident, told the council that Concord's city council will have an ordinance meeting on Tuesday, September 7th on how to modify a building relating to the zoning requirements for persons with disabilities who want to live independently, in their own home.
* Jenny Yang, a special education student at Mission High School and a former intern with the Department of Building Inspection, expressed her gratitude in working there and thanked her fellow co-workers.
* Jakkee Bryson said that she was inspired by today's meeting topic regarding the ADA's 14th Anniversary. However, she noted her own personal experience relating to the lack of ADA compliance in some shelters.
* Peggy Coster, via bridge line, announced her new cable program called "Disability Today" on public access channel 29 at 9:30 p.m. on Monday nights starting in August. The topic for that evening will be on medical care and budget issues.
* Luis Castillo, Independent Living Resource Center, thanked the Council for having these monthly meetings and said that he looks forward to learning more about the history of the disability rights movement.
13 COUNCIL MEMBER REQUESTS FOR FUTURE AGENDA ITEMS.
None
14 COUNCIL MEMBER COMMENTS AND ANNOUNCEMENTS.
None
15 ADJOURNMENT
The meeting was adjourned at 4:00 p.m.
For additional information, please contact:
Mayor's Office on Disability
401 Van Ness, Room 300
San Francisco, CA 94102
415.554.6789 voice
415.554.6799 TTY
415.554.6159 fax
Email: [email protected]