ADAPT OF TEXAS SALUTES 30 YEARS OF CIVIL/DISABILITY RIGHTS

A woman stands next to 2 men in wheelchairs in either side of a banner. It reads Access is a civil right, Our homes not nursing homes ADA Americans with Disabilities Act. The two ADAPT logos (no steps, we will ride and Free our People wheelchair person breaking chains overhead. ADAPT of Texas gathered (masked and socially distanced) on the City Hall plaza at 10:30am on Sunday, July 26th, to commemorate the passage of the important civil Rights Bill, the Americans with Disabilities Act, ADA. 

On July 26th 1990 President George Bush signed the Act into law on the White House lawn. The bill had been written with bipartisan support from Congress. 

Since that day ADAPT of Texas has worked hard through letters, conversations, meetings, educational forums, trainings, lawsuits, protests and even civil disobedience to ensure the promise of that legislation has been fulfilled in our community, state and nation. Similarly we have worked to ensure that people with disabilities are aware of their rights and protections under the law.

There is still work to be done, but ADAPT of Texas took this moment to acknowledge the work and sacrifice of our members, both living and passed, to achieve these goals.

Both the City of Austin and Capital Metro have become leaders in compliance with the ADA because they (sometimes reluctantly, but always in the end positively) worked with ADAPT of Texas and the rest of the disability community toward the goals of the ADA.

The ADA has led to lifts on 100% of our public transit and a vastly improved paratransit system for those who can’t ride mainline buses.  It lead to accessible bus stops, to sidewalks and curb cuts so we are less often forced out into traffic to get around. ADA has allowed us to enter most places like stores, restaurants, churches and veterinary clinics, places the public goes. It has required interpreters for people who are deaf in colleges, hospitals and jails. It has paved the way for more assistive technology and removal of barriers in sidewalks for people with visual disabilities. It has prevented people with cognitive or speech disabilities from being turned away from polling places simply because it was assumed, incorrectly, they didn’t know what they were doing. 

And it has done so much more.  As one of our members Bill Scarborough, put it so well, it has allowed those of us with disabilities: “To Boldly Go Where Everyone Else Has Gone Before.”

In addition, through the Supreme Court‘s Olmstead decision, ADA has affirmed the right of people with disabilities to live in the community instead of being warehoused in nursing homes and other institutions. ADA has helped free thousands of people from nursing homes and other institutions.  ADAPT of Texas and others have gotten people out of nursing facilities and will continue fighting the unnecessary warehousing of people in nursing facilities and other institutions.

Is everything solved?  Of course not. People are still striving to be free in their own homes, businesses and the like still ignore the law and don’t create access for us. People with disabilities run into problems every day. A disabled man at a local hospital was just recently denied care and died because his disabled life was deemed unworthy.

But 30 years ago access was the exception. Community services were a sliver of long term care compared to institutionalization. The needs of people with disabilities were, at best a begrudging after thought. No one would have blinked (except perhaps the family) at lack of treatment to save a disabled life. Many in ADAPT and the disability community at large remember well those days, and shared their memories today.

So ADA and the changes it HAS made must be acknowledged. And that is what we will be doing. 

Although we know the dangers of COVID 19, and many of our people are not able to join us because of this, ADAPT felt this was too important an anniversary to ignore. We hope you will think it is important enough to celebrate as well.

WE WILL RIDE!    ACCESS IS A CIVIL RIGHT!      FREE OUR PEOPLE!                  OUR HOMES NOT NURSING HOMES OR OTHER INSTITUTIONS!  

To see the Capitol Crawl, the Overtaking of the Capitol Rotunda and much more in the battle for ADA visit the ADAPT online MUSEUM


<< 30th Anniversary of the ADA Americans with Disabilities Act          

Signed into law July 26, 1990

Landmark civil rights legislation gives over 40 million Americans access to: 

BUSES  Freedom from nursing homes and other institutions

day care, sidewalks, restaurants, movie theaters, hotels/motels, colleges/universities, schools, gyms, subways, auditoriums, sports venues, drug stores, banks, interpreters, signage, assistive technology, telephone service, parks, courts, tests, employment, television, trains, stores, school buses, theaters, curb cut, grocery stores, doctors offices, libraries 

AND SO MUCH MORE

It’s full promise has yet to be realized, but with all of our help it will.  

Celebrate ADA and keep on working.

ADAPT of Texas files HHS/Office of Civil Rights Complaint about the death of Michael Hickson

ADAPT of Texas, a not for profit statewide grassroots disability rights organization filed a complaint, Friday July 24th to Roger Severino, Director of the Department of Health and Human Services/Office of Civil Rights requesting that they:

  1. Investigate St. David South Austin Medical Center’s in regard to the death of Michael Hickson;
  2. Investigate the guardianship process that took decision making about Michael’s care from his spouse;
  3. Investigate the State of Texas for not having any health rationing guidelines and if the Texas 1999 Advanced Directive Act Futile Care section violated Michael Hickson’s civil rights;
  4. Investigate the St David South Austin Medical Center’s committee process that resulted in the doctor’s ability to withdraw supports from Michael Hickson.

“We are filing this complaint because we think Michael’s civil rights were violated” said Nicky Boyt ADAPT of Texas activist. “I do not want what happened to Michael, a person with a disability, to happen to me or other people with disabilities – We are DISABLED NOT DISPOSABLE!”

[The pandemic has gotten so bad in the Valley they have run out of hospital beds, and there are waiting lists for cremations, according to MSNBC. It’s bad all over this state. Wear your mask, 6 feet away, wash your hands!]

COMPLAINT:

Roger Severino, Director Office of Civil Rights

Centralized Case Management Operations

US Department of Health and Human Services

200 Independence Ave S.W.

Room 509 F

HHH Building

Washington, DC 20201

Email: OCRComplaint@HHS.gov

July 24, 2020

Dear Mr. Severino,

ADAPT of Texas is a not-for-profit, statewide, grassroots disability rights organization representing people with disabilities of all ages in Texas.   ADAPT of Texas advocates for the rights of people with disabilities to receive services and supports to live and thrive in the community, and control their own lives.

In your March 28th issuance of Bulletin on Civil Rights Laws and HIPAA Flexibilities that Apply During the COVID-19 Emergency, your second paragraph states:

          “OCR is particularly focused on ensuring that covered entities do not unlawfully discriminate    against people with disabilities when making decisions about their treatment during the COVID-19 health care emergency.”

In light of this, ADAPT of Texas requests an investigation of St David’s South Austin Medical Center’s (contact information listed below) conduct relating to Mr. Michael Hickson, a person with multiple physical and cognitive disabilities, who died at the hospital on June 11, 2020, as the hospital refused to provide him treatment for his COVID 19, because of his disabilities. One of the doctors, in response to Mrs. Hickson asking if the reason they would not treat him was because of his lack of quality of life due to his disabilities, responded yes. 

We request you look at the process that resulted in Travis County Court taking guardianship away from his wife and the rest of his family.

We request you look at the process St David’s utilized in treating Michael Hickson to see if it complied with the Americans with Disabilities Act, and/or Section 504 of the Rehabilitation Act of 1973 or any other relevant civil rights legislation or HHS/OCR guidance. 

We request you investigate the State of Texas’ lack of rationing guidelines and whether this contributes to discrimination against people with disabilities in Texas.  We also request you look at the Futile Care section of the Texas Advanced Directive Act of 1999 to see if it violates the Americans with Disabilities Act, and/or Section 504 of the Rehabilitation Act of 1973 or any other relevant federal and/or state civil rights legislation.

In addition, we also request you look at the process to see if the South Austin Medical Center’s committee, that concurred that supports could be withdrawn from Michael Hickson, had any input from an objective person/organization, knowledgeable about living with a disability, outside of the hospital personnel.  

Yours sincerely,

 

Bob Kafka and the other members of

ADAPT of Texas

1100 South IH 35 Service Road

Austin, TX 78704

512-442-0252

Bob.adapt@sbcglobal.net

 

 

 

MORE ADA!

From Bob: As we celebrate the 30th anniversary of the ADA on July 26th it is good to learn its history. Click here to read an excellent 1992 article by DREDF, Disability Rights Education and Defense Fund on that history.

Also on Saturday July 18th at 4pm eastern tune into KSFR 101.1 Santa Fe, Barrier Free

Lex and Bush, both in wheelchairs, face one another against black background.

Lex Frieden and President George Bush (Senior) years after passage of the ADA. Bush was the President who signed ADA into law.  Frieden headed up the Federal Committee charged with developing the law.

Futures show, hosted by Bob Kafka, you can listen to Lex Frieden give his front row account of the passage of the ADA.  This will also be a podcast on KSFR’s website [and many other terrific interviews are available there too as podcasts!]  Click here

ADA TODAY        ADA TOMORROW       ADA FOREVER

 

 

 

 

 

 

FREE COVID 19 Neighborhood Testing Available!

Austin Public Health wants you to know:

⚠️  Are you experiencing COVID-19 symptoms?
⚠️  Have you been in close contact with someone who tested positive for COVID-19?
⚠️  Are you an older adult or a someone of any age with underlying medical conditions, like an immune-compromised state, obesity, or other chronic disease such as serious health condition?
 
✅  Come by these FREE neighborhood testing locations in areas with highest need!

Southeast Branch – Austin Public Library - 5803 Nuckols Crossing Rd

Given District Park – 3811 E 12th St, Austin, TX 78721

Little Walnut Creek Branch – Austin Public Library – 835 W Rundberg Ln, Austin, TX 78758

Testing hours will be: 
Mondays @ 9am – 1pm
Wednesdays @ 3 – 7pm
Fridays @ 9am – 1pm  
Everyone should enroll online ahead of time for the safety of all at the testing site, but no one will be turned away if they show up needing testing. All personal information is protected, and immigration status is not asked.
 
👉 Sign up online for an appointment: COVID19.AustinTexas.gov.
👉 Need assistance signing up online? Call the Austin Public Health medical hotline: 512-972-5560
(Hotline hours: Mon.- Fri. 8am-6pm and Sat. 9am-1pm)
——————-
 
⚠️  ¿Tiene síntomas de COVID-19?
⚠️  ¿Ha estado en contacto cercano con alguien que dio positivo a una prueba de COVID-19?
⚠️  ¿Es usted un adulto mayor o alguien de cualquier edad con condiciones médicas subyacentes, como un sistema inmunológico comprometido, obesidad u otra enfermedad crónica con condiciones de salud graves?
 
✅  Visite uno de los sitos de pruebas GRATIS que han sido puestos en locaciones de alta necesidad:

Southeast Branch – Austin Public Library - 5803 Nuckols Crossing Rd

Given District Park – 3811 E 12th St, Austin, TX 78721

Little Walnut Creek Branch – Austin Public Library – 835 W Rundberg Ln, Austin, TX 78758

Horario de pruebas será:
Lunes 9am – 1pm
Miércoles 3 – 7pm
Viernes 9am – 1pm  
Todos deben inscribirse en línea con anticipación para la seguridad de todos en el sitio de pruebas, pero nadie será rechazado si aparecen con necesidad de hacerse una prueba. Su información personal será protegida. No se le preguntará su estatus migratorio.
 
👉  Inscríbase en línea para una cita: COVID19.AustinTexas.gov.
👉 ¿Necesita asistencia para inscribirse por internet? Llame a la línea de enfermería de Salud Pública de Austin al 512-972-5560. (Horario de la línea directa: Lunes a viernes de 8am a 6pm y sábados de 9am a 1pm)
Take a Self-Assessment / Llene la Auto-Evaluación

NEXT WEEK IS A BIG VOTING WEEK

Tuesday is of course the run off elections for the primary elections we had so long ago. It’s also the special election here in Travis County to pick who will replace Senator Watson in the Texas Legislature. Who wins in this Texas legislative session will determine who redistricts the districts for Texas in the US Congress. 

But next week is also Disability Voter Registration week. Can you get 5 other people to register?  You can use this Register2vote website to basically register online.  Not sure what that means?  Check it out here.

Here’s a little motivation from our sister organization REV UP.  They have a neat new PSA complete with star power to get you revved up on voting.  

Check out their PSA video here.

They have a new poster for voter registration that you can print or share on social media.  Share the PSA too!

2020 REVUP Issues poster

VOTE AS IF YOUR LIFE DEPENDED ON IT…

Justin Dart said once:

 “Vote as if your life depended on it, because it does!”

Of course he was right, and no more than now.  Tomorrow, July 10th, is the last day of early voting and the regular election day is next Tuesday July 14.  We went today and it was spacious, uncrowded, and very safe!  

Polling sites are in different locations than usual so go to the Travis County Election site to see a personal (to you) sample ballot and early voting and election day polling locations.  

Want to know what the Democrats in the Run off for the Texas United States Senate seat are saying about disability issues?  Go to the REV UP site and you can see their responses to a candidates’ survey on these issues and an interview with State Senator Royce West.  MJ Heger answered the survey but didn’t do the in-person interview. Their answers are very enlightening. Senator Cornyn, the incumbent Republican will be requested to respond again (he has so far failed to answer the three requests sent so far) and if he does, that will go up with the Democratic winner for the fall election Nov 3rd.

If you have any problems at the polls or with your mail in ballot: 

ELECTION PROTECTION HOTLINES

  • ENGLISH 866-OUR-VOTE 866-867-8683
  • SPANISH 888-VE-Y-VOTA 888-839-8682
  • ASIAN LANGUAGES 888-API-VOTE 888-274-8683
  • ARABIC 844-YALLA-US 844-925-5287

Disability Rights Texas (DRTx)Voting Information Hotline – 1-888-796-VOTE (8683)

DISABLED, NOT DISPOSABLE

A line of protesters stand on a sidewalk by a chainlink fence. Some are standing, some in wheelchairs.  They are holding posters

Protesters at the Independence Day protest of the Life Worthy of Life, Disabled Not Disposable, Justice for Michael Hickson vigil.

JUSTICE FOR MICHAEL; BLACK DISABLED LIVES MATTER

On the evening of July 4th, Independence Day, ADAPT of Texas, Not Dead Yet, Democratic Socialist of America, DSA and other activists joined forces on the side of the Rte. 71 (West Ben White Blvd) access road in front of St David’s South Austin Hospital to protest against rationing the lives of people with disabilities.  Wearing masks and keeping the 6 foot social distance protesters stood with signs and called for fair treatment of disabled people who get COVID-19.  

Nicky Boyte and Sophia Donnelly, organizers of the event, called for Justice for Michael Hickson, and a recognition that folks with disabilities have #lives worthy of living. The group was also calling for Charles Laird, CEO of St David’s South Austin, to meet and to amend their triage policies to be more just toward people with disabilities.

A doctor who treated Michael Hickson told his wife Michelle that the decision not to treat Michael was because of his disability. Michelle has a recording of this conversation.  The hospital Chief Medical Officer says this was not the reason. 

Demands: 1) Full and immediate investigation of Michael Hickson's death by state and federal officials including the role of the medical community. 2) Charles Laird, St David's CEO meet with ADAPT of Texas.

Demands for the vigil/protest against St David’s South Hospital where Michael Hickson was deemed unworthy of trying to save because of his disability.

After a couple of hours by the access road, protesters marched to the front of the hospital and sent in their demands. After, they shared their stories and feelings and wrote wishes on special paper that once lit, vaporized (to be environmentally friendly.)

Protesters in a circle watch a young man light candles for the vigil

Vigil protesters made a circle in front of the hospital and lit candles for Michael and people with disabilities with COVID 19.

The group numbered about 50 people and the passion was clear.  Some folks were quite vulnerable to respiratory issues but felt they must add their voices – in person – to the message.  Others were young activists who came to the issue from the Black Lives Matter activism, but clearly understood the disabled lives matter aspect too.

Advocates are thinking about next steps. 

See related post below of earlier protest. Check out the ADAPT of Texas Facebook page for more photos and videos of the vigil. 

Read Mike Ervin’s Shut Down the Death Traps, his take on Our Homes Not Nursing Homes 

WE’RE ASKIN’ FOR MASKIN’ IF YOU LOVE US, GLOVE US! CAMPAIGN

ADAPT of Texas and PACT are working hard to get masks for attendants, and gloves too.  If you need masks for your attendant just call the office and leave a message with the name and address and that you are calling about masks for attendants.  We mail out packets every few weeks.  Thanks for Centene, the City of Austin and their partners for supplies we have found so far. It’s not an infinite amount, so please just call if you need them.  BUT if you need them, call.  

Believe it or not, not all attendant service agencies provide masks for the attendants, or they give them one mask for a week. 

Desert ADAPT and PACT, who got supplies thanks to Amerigroup is also sending out masks.  Here is their set up ready for mailing!

table with masks and gloves neatly laid out on red tablecloth

Supplies for attendants as El Paso PACT gets ready to distribute! Photo by Kika Grajeda

   Believe it or not #2 — the Governor and HHSC refuse to talk with ADAPT or do anything about making sure their essential workers, attendants, have PPE like masks and gloves.  Please add your message to the Governor that we need PPE for our attendants and the folks they assist!  Send a glove or a picture of your bare hands with your message.

Here is a sample (thanks to Nancy Crowther for the sample letter, and cute hands!)

letter to Governor Abbott from Nancy Crowther with her hand drawn on it she wrote LOVE US GLOVE US, one word in each finger.

Send a letter with your handy message to Governor Abbott