DC Midsouth Life: Holiday Silent Auction and Jingle Hop

Holiday Silent Auction and Jingle Hop

Friday, December 1, 2023
5pm – 8pm

Disability Connection is excited to announce our

Annual Holiday Silent Auction and Jingle Hop!

1000 S Cooper Street, lower level

All festivities will be live this year; auctions, dancing, food, Holiday Karaoke and more!

Bid tickets/number will be $20

Use the QR Code to get your Bid tickets and number.

IF you win this will be applied IF not than it will be a donation!

Great place to purchase your season’s gift

Please contact me with questions at 901-726-6404 or by email at

sandik@disabilityconnection.org.

DC Midsouth Life: Oak Court Mall Doors are a Barrier

People with Disabilities can be left out in the rain.

By Allison Donald, Leah Williamson, and Christina Clift.

A day of shopping can be tiring and fun. If you are like me, finding a good bargain or the perfect pair of shoes brings you a thrill. On the other hand, long lines and crowded stores, a limited selection, or sky-high prices can turn a fun day into a frustrating outing.

For people with disabilities shopping has another challenge and it is access. Whether it is physical access to get in and out of the store, inaccessible fitting rooms, or no accessible parking, it can also be a lack of sighted assistance or poor lighting for someone who is blind.

 

Recently some friends and I went to the Oak Court mall for a bit of shopping. As we were walking up to go inside the mall the first door was propped open.  However, as you approach the second set of doors you have to pull them. It is extremely difficult because of the weight of the door. 

The doors are nearly impossible to open if you are a wheelchair user. I did not feel like struggling with the door. I looked to the right and there was an accessible entrance. I really wasn't sure, because there is no clear signage. The only reason I was able to identify the button was because of the silver panel that is on most accessible entrance buttons.  

Honestly, I felt relieved because all I wanted to do was take the easiest path to get into the mall. As I was walking over to the button, my friend began to push it and nothing happened.

We were all standing at the entrance of the mall in rain soaked clothes looking at each other in disbelief. At this point we are both ready to call it a day. 

My friend says, "I'm going to push it one more time." On the fifth try the door opened and we were able to go into the mall. I like shopping just as much as the next person but this is such a hindrance and it takes away the enjoyment of just getting out and about without barriers.

 

I am positive that the doors at the Oak Court Mall are not the only ones like this around the city. We at Disability Connection Midsouth are continuing to work and identify barriers that prevent Memphians living with a disability from living, working, and playing in this city just like our non disabled counterparts. If you are out in the streets and you see a barrier or you are not sure if it's a barrier feel free to contact us at 901-726-6404 or www.disabilitymidsouth.org. 

Why Memphis Needs an Office on Disability

Memphis needs a dedicated office to coordinate disability policy

By Tim Wheat

Local businesses, city and county governments and residents with and without disabilities all need to know about the civil rights of people with disabilities. The Americans with Disabilities Act and the Fair Housing Amendments Act are both powerful federal laws that outline the civil rights for people with disabilities. 

People with disabilities are a growing and important part of our community. We are not going away. However, in Memphis and Shelby County, we have no coordination of public policy, 

Because of the federal laws, lawyers stand in to speak for people with disabilities and consistently aim for MINIMAL COMPLIANCE. The least allowable by law. Local planners and lawyers look to comply with federal law and nothing more. In our area we are not guided by the input and advice of the community that deals with these issues every day. 

Disability CONNECTION Midsouth has a mission to educate, advocate and unite our community. We are asking that the Mayor create an Office on Disability to include people with disabilities, coordinate local policy and inform the community of the civil rights of people with disabilities. 

We were disappointed to learn that the new mayor did not have a person with an obvious disability on the transition team. The long-time motto of the Independent Living movement has been “Nothing About Us Without Us.” Still we hope that Mayor Paul Young will be able to keep his promise to create a local Office on Disability.

The Memphis area desperately needs the Office on Disability. While the population of people with disabilities is growing in our area, the impact of the disability is also being felt more in employment, housing and transportation. Often, people with disabilities are the poorest of the poor and many of our group are over 60. We need to be proactive in including people with disabilities in everything.

Not including people with disabilities often leads to isolation and segregation. It makes our community into a burden and a problem rather than participants in solutions. An Office on Disability can create a coordinated, efficient and common-sense approach to disability issues in the Memphis Area. 

The Office on Disability can be charged to ensure that every program, service, benefit, activity and facility operated or funded by the City is fully accessible to people with disabilities. This protects against non-compliance and expensive lawsuits against the City. The Office on Disability may also oversee the implementation and local enforcement of the City's obligations under the Americans with Disabilities Act and the further development of the Memphis ADA Transition Plan.

The Office on Disability may also provide an ADA grievance procedure that includes the disability community. The office may also help the City communicate policy and priorities to the disability community by not only including people with disabilities, but advice on effective and accessible communication.

Likewise, the Office on Disability may be critical to training and guidance for all City Departments, public information, program policy development and legislative initiatives. The Office may also create a public forum for the disability community so all residents are more involved and knowledgeable.

Significantly, the Office on Disability can help our community coordinate our response to emergencies and disasters. People with disabilities may have specific and unique needs in times of crisis and a good use of the Office would be to synchronize the assistance and to appropriately plan for distinctive needs. 

Parking Problems Again?

Memphis issues with the accessible parking aisle.

By Sandi Klink

I don’t understand why people in 2023 can’t read parking signs or acknowledge that the crossed lines next to the parking spot mean DON’T PARK HERE!

Even before the Americans with Disabilities Act passed into law in 1990, accessible parking was a convenience needed by many seniors and people with mobility issues. “Handicapped parking” has been clearly marked and fine amounts have been posted for anywhere from $20 to $200 depending on the location but who enforces the fines? NO ONE! 

Security guards in most parking lots don’t enforce and allow people to park in access aisles daily. Many officers don’t even understand what an access aisle is! 

Just as a reminder, an access aisle provides clearance for an individual with a mobility aid to get in and out of their vehicle. For instance, I use a power wheelchair and an accessible van. The ramp deploys from under the floor after the ramp door has opened. It extends into the access aisle several feet and then I must have room to get off the ramp at the bottom, at least another 3 feet to turn. 

I am a very independent woman and am most often shopping, making presentations, attending church, town halls, etc. by myself. If I can find a van parking spot with appropriate access, I will park. But often of late I have exited my errand or work event to find that the access aisle is now full of a car. 

I do understand the frustration of needing close parking and not finding any, but denying access to someone else, making them wait for the car to move or going to shops or offices nearby to see if anyone knows who parked in the access aisle is more than likely to cause some flared tempers and inappropriate responses. 

Sometimes I have a family member or coworker who rides with me and can pull the van out and let the ramp out for me but not often. What would you do if your independent mother or grandmother were in a similar spot?

Not only old people, like me, use accessible parking spaces. There are lots of parents with growing children with disabilities who use wheelchairs and need the extra room for Mom or Dad to help them transfer out of the car without worrying about someone whipping a little car into that spot. 

One in four people in our area are people with some type of disability. Not all need an accessible parking space, but those of us who do should have that right. We should expect our rights to live, work and play and yes park to be observed and if not we must find ways to remind others that violating my civil rights may result in civil disobedience…

DC Midsouth Life - Voting

DC Midsouth Life

EDITOR’S NOTE: This is the first installment of our blog that will deal with advocating, uniting and educating the disability community in the midsouth.  This blog will focus on the Center and our mission. It will include consumer views and local topics. The blogs may have staff and board perspectives on issues of interest to people with disabilities in the Midsouth. The blog will promote Independent Living, success stories and events at the Center. The blog will also take on timely issues and items of interest to the cross disability community. 

Your Voice Matters 

By Allison Donald, Disability Connection Midsouth

Voters with disabilities face unique obstacles when it comes to casting our ballots.  During the 2022 midterm election 38.3 million voters with disabilities had an opportunity to cast their ballots.  As I sat back and reflected on that number I was left with two nagging questions.  First, what was my voting experience going to be like and also how many people living with disabilities really know their rights as a voter?

I waited until Election Day to vote, because I like the hustle and bustle of the battle for the last minute votes.  As I pulled up to my polling station I walked through the door that said "Vote Here". It was the accessible entrance, but I did not know that until I got on the inside of the church and saw the placard posted to the right of the door.  

Oh yes, there was also a woman asking the poll worker why she had to “go through the same door as the handicapped.” 

I brushed that off, because I was there to cast my vote for the next mayor. I walked from one table to another and the poll worker asked if I needed assistance.  I told him no. He handed me a stylus and my ballot. 

As I walked up to the voting machine another poll worker came over and was explaining to me how the machine worked because I was having a little trouble getting my ballot into the machine.  After he saw the ballot go into the machine he walked away and I was able to cast my vote privately and independently.  

I know that my experience with voting is not like everybody’s who has a disability. 

It is important that we are able to vote privately and independently.  Also, the polling place must be accessible for people with disabilities. One mistake that I have encountered while I have been eligible to vote is poll workers assuming I need assistance with voting based on seeing my crutches.  I often wonder  if I had a disability that limited my dexterity would they be able to accommodate me on the spot?  I also wonder how many people with disabilities have voted and not gotten the proper accommodation for their needs?  

For people with disabilities I would tell them it is not a hard conversation to have and there is nothing wrong with asking for help.  If you need help with beginning that conversation Disability Connection Midsouth is here to help YOU and keep you informed regarding your rights.  If you don't feel comfortable speaking with a person you can visit: 

https://blog.ssa.gov/helping-voters-with-disabilities-participate-in-our-democratic-process/ 

Check your voter registration in Tennessee or get voting information at www.govotetn.gov.

Nationally you can get information at: https://vote.gov/ 

ALWAYS REMEMBER YOUR VOICE MATTERS AND EVERY VOTE COUNTS!

Voting Early

By Stephen Tennial, Disability Connection Midsouth

Growing up, I was always told that there is not anything more constant in life but change. Change is the only thing that is constant and it is the one thing that gives us hope for a better community. This is why I take my right to vote very serious. 

When it comes to voting for persons with disabilities, there are many barriers that we face. One barrier is simply getting to the polling site itself. Other barriers include, but are not limited to physical environment, lack of assistive technology, and negative attitudes towards people with disabilities.

I recently early voted in Memphis’s Mayoral election. I voted early at a local church and I encountered one issue. Before I go into what problem I had, I would first like to say that I did not face any problems with the abovementioned barriers. 

Because of my disability, I cannot raise my arms, therefore I could not press the buttons on the machines without assistance. For me this was a simple fix because my wife and I were at the polls together and she was able to help me make my selections. However, my concern is regarding the person who does not have anyone to accompany them. I believe that there should be voting machines that are designed for persons that use wheelchairs and scooters.

Voting in Memphis

More interest expected in the 2024 elections

EDITOR’S NOTE: This is the first installment of our blog that will deal with the Americans with Disabilities Act, the Fair Housing Act and compliance issues. The bi-weekly content will focus on Civil Rights and equal participation in the area. Topics will include: Transportation, Paratransit, Fair housing  Communication, Deinstitutionalization and Disability Rights. 

By Tim Wheat

Memphis just finished an election for our Mayor and City Council. Less than a quarter of registered voters went to the polls and we can estimate that an even lower percentage of people with disabilities turned out in this election. Here at Disability Connection Midsouth, we are working to help you have a voice in the election and we want people with disabilities to be a vibrant part of our community and voting process. 

First, we want to know if you had any accessibility issues with the polls. You may have voted at an early voting site, at your polling site on election day or voted by absentee ballot. Disability Connection wants to hear about your experience. 

If you are not registered to vote, now may be the time to register for the elections coming up in 2024. There is a Presidential preference primary on March 5, 2024 and the Primary on August 1. The general election will be November 5, 2024.

The most effective way you can make sure your vote counts in 2024 is to check your voter registration now. In Tennessee you must have to be registered 30 days before the election. Disability Connection can help you to check your registration, or you can check online: tnmap.tn.gov/voterlookup/

At each polling site, Disability Rights Tennessee posts their phone number 1-800-342-1660 if you face any discrimination or barriers based on a disability. Disability Connection would like to hear from you what would help you to get to the polls. We can be a valuable and important part of the election process:

• There are over ONE MILLION voters with disabilities in Tennessee.

• 19.4% of registered voters in Tennessee have a disability. That is about 1 in 5 voters.

• People with disabilities at a LOWER RATE than non-disabled voters in Tennessee. 

Rutgers University found that nationally, if people with disabilities voted at the same rate as people without disabilities who have the same demographic characteristics, there would be about 1.75 million more voters. 

The Rutgers study found that some of the lower turnout of people with disabilities is tied to difficulties in voting. A national survey sponsored by the U.S. The Election Assistance Commission (EAC) following the 2020 elections found that 11% of voters with disabilities had some type of difficulty in voting, which was almost twice the rate of 6% among voters without disabilities. 

As a positive note, the same survey found that voting accessibility appears to have improved: the likelihood of voting difficulties decreased from 26% in 2012 to 11% in 2020 among voters with disabilities. In 2020 the rate of difficulties among voters with disabilities was 18% among those voting in a polling place, and 5% among those voting with a mail ballot.

A barrier that some people may have, but do not report on a survey is that they do not have a photo ID. Even if your name is in the pollbook, all voters in Tennessee must have a state or federal picture identification. Most common is a Tennessee drivers license, but you may also use a Tennessee Photo ID or US Passport. A complete list of acceptable identification is at the Tennessee website: https://sos.tn.gov/elections/voter-id-requirements

Only a court can take away your right to vote. You do not have to explain why you need help voting at the polls and you may ask for an accessible voting machine. If you ask for help, you may choose the person to help you vote or you may have a poll worker to help you.  

Tennessee is ranked first in the US for election integrity by the Heritage Foundation. If you would like to be more involved in the election you may become a poll worker, check your voter registration or get voting information at www.govotetn.gov. 

Three MATAplus Riders Guides

How you can get the right information about MATAplus

Back in July, Disability Connection wrote a letter to MATA about misinformation on their website. They have an outdated MATAplus Rider’s Guide with old errors that we wrote about in this blog on July 17.  

MATA has still not made the simple correction we asked for and you may still be getting misinformation from the MATA website. In looking closer at this issue, we have discovered that MATA has three different MATAplus Rider’s Guides.

The first of MATAplus’ three Rider’s Guides is the one that you may get from the website. If you go to the MATAplus tab a blue box at the top of the page says: “Download MATAplus Riders Guide (PDF).” You may notice that it is not an Adobe “pdf” it is a Microsoft Word document. Back in July when we notified them of the error, we assumed they had just linked an outdated version of the Rider’s Guide. 

Version 2 of the MATAplus Rider’s Guide is also available on the same webpage. The end of the second paragraph reads: “Click here for access to the MATAplus Riders Guide. The word “here” is a link to an Adobe “pdf” document and a version of the MATAplus Riders Guide that also states on the back of the cover page that it was updated May 2019. 

This version of the Rider’s Guide does not include the error we noted back in July. You may think it is the same information however, because they both say that they were updated May 2019. This can make helping people to understand how the system works very difficult. We are mainly interested in helping rider’s get good information. It is sad that MATA has been unable to remove the misinformation from the website, and to have contradictory information essentially side-by-side on the website.

Version 3 is a printed guide we received just yesterday. This version not only seems to have correct information (We have read through it just once so far), but it also clearly prints “Updated March 2022” on the inside front cover. 

This should be the information that MATA links to from the webpage and what we all use to understand the system. Hopefully MATA can find this error and correct it immediately. 

ADA Enforcement

 Amicus Brief Filed in U.S. Supreme Court Case Emphasizes Importance of Testers to ADA Enforcement

If testers are stripped of standing, the result will be less private enforcement of the ADA, a less accessible society, and the continued exclusion of people with disabilities from community life.

FOR IMMEDIATE RELEASE
August 10, 2023

Media Contacts:
Jackie Dilworth, The Arc of the United States, dilworth@thearc.org
Tina Pinedo, Disability Rights Education and Defense Fund, tpinedo@dredf.org
David Card, National Disability Rights Network, press@ndrn.org

WASHINGTON, DC – Eighteen leading disability advocacy organizations have filed a “friend-of-the-court” brief in the U.S. Supreme Court in Acheson Hotels v. Laufer, a case that will decide whether testers – disabled people who investigate compliance with the Americans with Disabilities Act (ADA) – have the ability to sue businesses for discrimination when their rights under that law are violated. The case is scheduled to be heard on October 4, 2023.

Civil rights testing – intentionally investigating and challenging discrimination – has been used as an effective tool of enforcement since the 1950s, helping ensure that public accommodations were integrated and housing discrimination, challenged. Congress included the same enforcement tools when it passed the ADA in 1990 that it had included in these earlier civil rights laws, and testing has proven to be an essential enforcement tool in this context as well.

Deborah Laufer is one such tester. She is a person with disabilities who has filed numerous cases against hotels for violating an ADA regulation that requires hotels to include certain information about accessibility features in their online reservation systems. Ms. Laufer is a “tester” in her cases because she voluntarily puts herself in a situation to experience discrimination – specifically, she visits hotel websites to investigate compliance with the reservation rule – and when denied the information to which the ADA regulations entitle her, she challenges that discrimination in court and seeks to make the hotels comply with the law.

Despite acknowledging that they were, in fact, violating the ADA, hotelier Acheson doesn’t think that tester standing is fair, and argues that people like Ms. Laufer should have an immediate plan to stay at a hotel before they can challenge the hotel’s discrimination. Acheson asks the Supreme Court to reverse a First Circuit opinion upholding discrimination claims brought against them by Ms. Laufer as a tester.

The brief of amici opposes Acheson’s request and defends testing as essential to the enforcement of the ADA, arguing that eliminating tester standing would frustrate the ADA’s goal of equality of opportunity. Amici discuss how the indignity of unequal treatment has long been recognized as the sort of harm that can be remedied in court and explains how an individual’s motive, or status as a tester, does not change that. Amici also dispel a number of false claims made by Acheson and its supporters about ADA litigation.

“If individuals with the fortitude to take on the burden of ADA litigation as testers are stripped of standing, the result will inevitably be less enforcement of the ADA, frustration of its goals, and the continued exclusion of people with disabilities from community life,” said Michelle Uzeta, Deputy Legal Director of amicus Disability Rights Education and Defense Fund.

“Given that the ADA was signed into law more than 30 years ago and thousands of businesses remain inaccessible to people with disabilities, it is critically important the Supreme Court affirms the ability of testers to investigate compliance,” said Executive Director of the National Disability Rights Network Marlene Sallo. “Testers ensure that travelers with disabilities do not discover their hotel is inaccessible when they show up at the door.”

“By the time a disabled person attempts to patronize a noncompliant public accommodation, it’s too late for a lawsuit to be much use,” added Amy Robertson of Fox and Robertson, PC, counsel for Amici. “Systemic investigation by those protected by the ADA can accelerate society’s progress toward a time when they and others can go about their daily lives expecting – and attaining – access to a wide range of facilities and services.”

Shira Wakschlag, Senior Director of Legal Advocacy & General Counsel at The Arc of the United States: “People with disabilities face rampant inaccessibility and discrimination that impacts every aspect of their lives – from travel to employment to health care and everything in between. Despite the ADA’s promise to create equal access, insufficient oversight and enforcement means that businesses frequently ignore the civil rights of disabled people, making their daily lives extremely difficult and undermining the rights guaranteed by the law. ADA testers are essential to ensuring the rights of people with disabilities are enforced and protected and that the full promise of the ADA is realized.”

Amici are represented by attorneys Karla Gilbride, Amy Robertson of Fox & Robertson, PC, Justin Ormand of Allen and Overy LLP, Thomas Zito of Disability Rights Advocates, and Michelle Uzeta of Disability Rights Education and Defense Fund.

###

About The Arc: The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy, and other diagnoses. The Arc has a network of 600+ chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis. Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

About Disability Rights Education & Defense Fund: The Disability Rights Education & Defense Fund (DREDF) is a national, nonprofit law and policy center led by people with disabilities and dedicated to advancing and protecting the civil and human rights of disabled people. Founded in 1979 by people with disabilities and parents of children with disabilities, DREDF remains board- and staff-led by members of the communities for whom it advocates.

About National Disability Rights Network: The National Disability Rights Network works in Washington, DC on behalf of the Protection and Advocacy Systems (P&As) and Client Assistance Programs (CAPs), the nation’s largest providers of legal advocacy services for people with disabilities.

MATAplus Recertification

What the MATAplus Assessment Center Experience is Like

Allison Donald 

It had been two years since I rode MATAplus and three years since I had been recertified for the paratransit service. It's that time again! As you can probably guess I am overjoyed by the thought.  

I called the number located in the highlighted box of the upper right corner of the application after it was complete.  The administrative assistant worked with me and scheduled an in person appointment for August 8th.  I also inquired about the in-home assessment.  She informed me that if I chose the in-home assessment then my appointment would be pushed back until September. 

I was not expecting to hear that, so I took the appointment.  I must admit I didn't have any expectations. All I knew was that the assessment process had changed and now those individuals who applied for MATAplus must pass a two part assessment in order to become eligible to ride MATAplus. 

I was late, because I had entered the wrong address and ended up at the Domino's pizza across the street. I was a little disappointed that I had to pay for my ride there.  I remember when the assessment center first opened they were giving applicants free rides to and from their assessment appointments.  

Here are a few tips for your next assessment:

• Be On Time if you are running late the assistant will give you a call as a reminder of your appointment.  If you are more than 15 minutes late you are at risk of having your appointment canceled.

• Make sure that the application is Complete. The receptionist will assist with filling in minor details.  However, it makes the process more efficient if you come in with the application done as stated on the forms.

• Be honest during the physical assessment, don't try to sugarcoat your abilities when you are faced with climbing and walking down the stairs.  This is an essential function of being able to ride MATApus safely and independently.  Also during the interview please do not be afraid to disclose whether or not you will need a personal care attendant to accompany you on trips.

I was taken back into the office for the second and final part of the assessment.  I was asked to update my address and I also informed them that I also used a power chair.  My identification card was made on the spot. I was asked if I wanted to take a new photo or keep the one that was already on file.  The MATAplus assessment coordinator also told me what the fare was as well.  

Overall, it was a pleasant experience and yes it could be more comprehensive, but in my opinion it is much better than just answering questions over the phone about my disability. The MATAplus assessment center in person appointments  are  only done on Tuesdays and Thursdays.  If you have any questions about the process please contact the MATAplus assessment center at 901-722-7100 and follow the directions.