NEW YORK – El período legislativo del estado de New York termina el miércoles, pero las iniciativas que pueden beneficiar a las personas con discapacidades siguen esperando acción. Estas leyes estatales pueden significar importantes beneficios para ellas.

Este miércoles termina el período legislativo, y algunas iniciativas que buscan apoyar a personas con discapacidades aún tienen que ser sometidas a votación.

Susan Dooha, directora ejecutiva del Centro por la Independencia de las Personas Discapacitadas de New York (“Center for Independence of the Disabled New York”), dice que los problemas de vivienda encabezan la lista. La ciudad de New York aprobó una ley que prohibe que se niegue la vivienda por la discriminación de ingresos. Ahora, dice Dooha, es tiempo de que el estado actúe.

“Las personas con discapacidades que tienen vales o subsidios para vivienda, a veces encuentran que un propietario se niega a rentarles debido al tipo de ingresos que tienen.”

La Ley A 10610 tiene el apoyo del Gobernador Andrew Cuomo, pero no ha sido votada en el piso de la Asamblea Estatal, y el Senado Estatal aún debe resolver el problema.

Dooha dice que otro reto será lograr una ley estatal que incentive el desarrollo de nuevas viviendas con apartamentos de primer piso que sean asequibles y accesibles para la gente con discapacidades.

“Eso ayudaría a marcar una gran diferencia para la gente que tiene problemas para pagar su vivienda y para hallar una que se ajuste a sus necesidades.”

Dice que la falta de vivienda accesible en el estado ha llevado a un déficit de vivienda y a la innecesaria institucionalización de gente con discapacidades que podría estar viviendo de manera independiente.

A principios de año el gobernador firmó una ley dándole preferencia a la gente con discapacidades físicas para rentar apartamentos a nivel de piso en edificios de la Autoridad de Vivienda de New York City (“New York City Housing Authority”) – algo que, en opinión de Dooha, puede ser crítico si los elevadores no funcionan o si hay alguna emergencia.

“La gente con discapacidades no ha podido evacuar desde los pisos altos de los edificios de NYCHA, lo que ha tenido terribles consecuencias para los individuos.”

Dooha agrega que la experiencia con la Súper Tormenta Sandy mostró qué tan crítica puede ser la accesibilidad para la gente de cualquier edad que tiene discapacidades físicas.

La iniciativa de la Ley A10610 está en assembly.state.ny.us/leg/?default_fld=&bn=A10610&term=2017&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y


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In Michigan and across the country, nearly 25% of the population encounters challenges in voting and accessing the polls.

The Carter Center and Detroit Disability Power audited 261 polling locations in metro Detroit last election, and found just 16% of them fully accessible.

Dessa Cosma, executive director of the group Detroit Disability Power, said many polling locations do not have accessible parking, a ramp, clear signage, accessible doors or a direct travel path even just to enter the building. Once inside there are further challenges.

"No wheelchair-height voting booth or no functional voter access terminal which is the accessible voting machine that is required by law to be available and usable at all poling locations in the country," Cosma pointed out.

Cosma noted people with disabilities need to be able to engage in democracy. One of the first steps to being able to help them participate is to make sure they can get to a polling place and vote.

Accessibility challenges lead to stories about voters going to the polls and having to turn back because either they could not get in or could not access a ballot. Groups advocating for accessible voting want to spread awareness about how detrimental lack of access is to communities.

Cosma acknowledged the policies are clear voting locations meet the needs of all voters, but enforcing those rules is equally important.

"That is where clerks and other election officials really come in because it's their responsibility to make sure that all the polling locations are meeting the requirements of the law," Cosma asserted. "We're here to help them implement the best practices for making sure their polling locations are accessible and that many of the things that they need to do are not that hard and are certainly not that expensive."

Cosma added simple changes like clearly marked accessible parking, ensuring the accessible door to the building is unlocked even if it's not the primary entrance, making sure every precinct has a wheelchair height voting booth, and all accessible voting machines are maintained, plugged in and turned on.


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A recent report finds only around 31% of New York City public schools are disability accessible.

The report, from Advocates for Children of New York, finds districts with a majority of schools not compliant with the Americans with Disabilities Act are in Brooklyn, Queens and The Bronx.

Sarah Part - senior policy analyst with Advocates for Children of New York - said the group is looking for the DOE to invest $1.25 Billion in accessibility upgrades during their next capital plan.

But, she noted that the money will only go so far.

"So, it'll take some of those buildings to full accessibility or to a much higher level of partial accessibility," said Part. "They might not be perfect, as far as ADA compliance, but there'll be a legitimate educational option for a student who has a typical disability or a teacher or a staff member who uses a wheelchair and wants to work there."

In the 2020-2024 capital plan, the city dedicated $750 million for these upgrades. Once that funding ends in 2024, more than one-third of schools will be fully accessible - with only one district having half of all schools accessible.

This proposed funding will help bring an estimated 150 to 200 buildings into complete accessibility by 2029.

While this might be somewhat expensive, Part said this money will make up for the lack of investment taken after the passage of the ADA. She describes other challenges which could come up.

"I know with widespread inflation and construction costs have been rising," said Part. "That makes it more difficult for the school construction authorities to do such projects. Some buildings are quite old, and it's also just like the city's school system is so massive and sprawling, the scale of the problem is just really huge."

Part said she is glad about the progress that's been made already, noting there's still a lot of work that needs to be done.

She said she hopes to see all these school upgrades done in time for the 40th anniversary of the ADA in 2030.




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In Missouri and around the country, people with disabilities are living in institutions who could successfully live in the community with the right support. According to the 1990 Americans with Disabilities Act, they may even be victims of discrimination.

Attorney M. Geron Gadd, senior attorney, National Health Law Program, said the U.S. Department of Health and Human Services "revitalizing" enforcement of the ADA and the Olmstead decision shows people are still experiencing this type of discrimination, and they have the right to seek legal recourse.

"For people with a range of disabilities, there is a legal mechanism under federal law that entitles them to be served in their homes and in other community-based settings, rather than essentially being locked away in institutions," Gadd said.

The Supreme Court's 1999 Olmstead decision affirmed the ADA requires people with disabilities to be served in the most integrated setting appropriate for them. The individual, a family member or another concerned person may file a discrimination claim. Gadd pointed out that every state is required to have an advocacy organization to provide legal assistance for people with disabilities. In Missouri, it is the Missouri Protection and Advocacy Services.

Gadd added another important consequence of the Olmstead decision is the clarification that a person does not have to already be institutionalized to file a discrimination claim.

"If you're at risk of an unnecessary institutionalization, then you can take action under the ADA to obtain the services in the most integrated setting appropriate to your needs," Gadd continued.

And she stressed that states claiming they cannot afford community-based services doesn't exempt them from this requirement under the ADA.

When Missourian Diana Willard was young, some told her parents she should be institutionalized when she tested as developmentally disabled. Instead, her family helped her thrive. Willard became a certified nursing assistant, worked full-time for years and served on the Missouri Developmental Disabilities Council. She encouraged parents of children with developmental and intellectual disabilities to not hold them back.

"People with developmental disabilities have the right to live a life to the fullest extent that they can. As they grow up, they need to be allowed to transition into adulthood," Willard said.

Discrimination claims can also be filed with the Office for Civil Rights at the U.S. Department of Health and Human Services.