Access At Tom Lee Park

 

D O W N T O W N N E I G H B O R H O O D A S S O C I A T I O N 

Jerred Price 

President – Downtown Neighborhood Association 

648 Poplar Ave 

Memphis, TN 38105 

1/28/2021 

Mayor Jim Strickland & 

Memphis City Council 

125 N Main St, Memphis, TN 38103 

RE: Riverside Drive & Tom Lee Park Parking Lot 

Dear Mayor & City Council, 

I am writing you today to express concerns over the weekend closure of Riverside Drive as  well as the closure of the parking lot at Tom Lee Park. 

In February 2020, our city faced an unknown, unforeseen enemy that would end up taking the lives of many of our fellow Memphians. Thankfully, the city took quick, decisive action to  try to mitigate the spread. In the “Safer at Home” order, the city advised Memphians to stay  indoors and social distance. Unfortunately, some did not do their part and gathered in large  groups in parks throughout the city. The city then took decisive action to close off vehicular  access to city parks to prevent large gatherings. I fully support this decision considering the  circumstances. 

Additionally, our association and several downtowners have learned that the city granted  permission for the closure of Riverside Drive during the early months of the pandemic to add  “a new park experience” to Tom Lee Park by allowing the thoroughfare to be used for  skating, scootering, and other activities. 

Unfortunately, the closure of this street had several adverse effects that were not considered  by the city. Soon after its closure, several disabled neighbors from downtown as well as from  neighboring areas reached out to us to express complications with access to the park. The  city & Memphis River Parks Partnership closed the street which is the only access to the lot  where the only ADA parking spaces are available for Tom Lee Park. After hearing from  several dozen disabled neighbors, the Memphis Center of Independent Living (who also sent 

a letter to the Mayor and Council on this subject), and others, we reached out to the city to  ask them to meet with us via Zoom to discuss.  

Chief McGowan and city engineers graciously met with us and agreed to open Riverside  Drive Monday through Friday. However, the parking lot at the park remained closed 7 days  a week. Additionally, they committed to a “fix” for the disabled parking when it would be  closed on weekends. Their solution was to create a “designed parking area” for the  disabled at the end of Beale @ Riverside Drive. However, this solution is still far from equitable  for these disabled neighbors. If our disabled neighbors park there (some with walking  disabilities, some with breathing disabilities, etc.), it is nearly ¾ mile from there to the  centerpiece of the park, the Tom Lee Statue. Comparatively, it is only .10 mile from the  designated handicap parking in the parking lot to the same destination.  

Furthermore, DNA has been contacted by several business in the downtown area, including  one of Memphis’ oldest business: Memphis River Boats. These businesses expressed concerns  with accessibility from their customers and complaints that have come to the forefront.  People visiting Memphis or coming to shop/eat/dine downtown complained to them about  how this street closure limits access to the core of downtown when utilizing I-40 & I-55 to get  downtown. Furthermore, neighboring associations such as French Fort, Founders Point, and  Mud Island also reached out and said that this street closure, even on weekends, is very  problematic for access to the park and to the core of downtown. For those that use the  street often, commute times have increased by forcing them to use the streets in the heart of  downtown. Those who live to the South & North of the street have seen increased  emergency response times as traffic and routes to their location become more crowded and limited due to the streets closure. 

Another concern we have been contacted about several times is the increased traffic flow  into residential neighborhoods that lie on Georgia St & Front Streets. Steve Phillips, President  of Waterford tower, has seen increased cruising, traffic, and parking lot activity in front and  

around his tower at the base of Beale & Riverside. Glen Murtha, President of River Tower,  also met with DNA to express his frustration with the streets closure deeming it takes him  much longer to get to dining/entertainment/work by forcing him to go into the core of the  city rather than utilizing Riverside to access the core. 

Safety concerns are prominent with this street and have been for years. Action is being  taken to address these concerns from several aspects. DNA and several other association  presidents that sit on the “Neighborhoods for Memphis” committee are working closely with  city engineering to create solutions that will slow own the concerns we all share with  speeding and loitering in the lot. City engineering is currently reviewing the possibility of  installing rumble strips proposed by DNA that will serve as a speeding deterrent as well as  bring attention to the speed limit signs placed near them. Additionally, they will be placed  strategically before crosswalks to slow down traffic and bring awareness to pedestrians crossing the thoroughfare.  

In conclusion, this road closure, even on weekends, in addition to the parking lot closure is  very problematic. Precedent for a street closure, even when it’s a small side street in East  Memphis (Mimosa Drive), involves in depth traffic studies (requiring the requesting party to  pay for them) and community/public feedback meetings. Based on all the above examples of several different entities who represent thousands of voters, this closure is not supported by  the majority our neighbors. Equally important is the grave concern from our disabled  neighbors and the organizations that stand for their equity. 

I, with the concerns of those mentioned above and several more (as I have been CC’d on  several letters going to the city), am asking that the city reopen this public, taxpayer paid for,  major thoroughfare & public parking lot. This unique drive in our city has distinct national  recognition of being one of “Americas Byways” and was deemed “the multimillion-dollar drive” when it was built. Let’s restore its intended use and allow for equitable access for all. 

Thank you for your time, 

/Signed/

Jerred Price 

President – Downtown Neighborhood Association 

CC: Neighborhoods for Memphis Committee, Memphis Center of Independent Living,  Brooks Law Firm, DNA Board of Directors

Check on your Stimulus Check

Clift Notes

Christina Clift

For the past year, the Coronavirus has ravaged our country killing more than 400,000 people, causing hundreds of businesses to close, millions of people to lose their jobs, long lines for families needing food and countless families facing eviction from their homes.  Wearing masks, social distancing, virtual learning, and working from home have become our new normal.  

In April 2020 Congress authorized the Cares Act which provided economic impact payments, often referred to as stimulus checks in the amount of $1,200.00 to most Americans.  Unfortunately for many individuals this was not enough help as the pandemic continued to worsen.  

Eight months have passed since the Cares Act was passed and now Congress has authorized a second round of help.  While Congress continues debating whether to increase the stimulus payments from $600.00 to $2,000.00 here is what you need to know.

Eligible individuals who did not receive an Economic Impact Payment this year – either the first or the second payment – will be able to claim it when they file their 2020 taxes in 2021. 

The IRS urges taxpayers who did not receive a payment this year to review the eligibility criteria when they file their 2020 taxes; many people, including recent college graduates, may be eligible to claim it. People will see the Economic Impact Payments (EIP) referred to as the Recovery Rebate Credit (RRC) on Form 1040 or Form 1040-SR since the EIPs are an advance payment of the RRC.

During the first round of Economic Impact Payment there were a number of issues involving people not receiving their payments:

• As with the first round of payments under the CARES Act, most recipients will receive these payments by direct deposit. For Social Security and other beneficiaries who received the first round of payments via Direct Express, they will receive this second payment the same way.  Anyone who received the first round of payments earlier this year but does not receive a payment via direct deposit will generally receive a check or, in some instances, a debit card. For those in this category, the payments will conclude in January.

 

• Check your payment status on the IRS website's "Get My Payment" portal. Be sure to also update your address and bank account details.  The IRS is supposed to have all stimulus checks sent out by Jan. 15, and if they do not, you will likely have to claim your money when you file your federal tax returns later this year.

• If you did not use a tax preparer service and still have not received your stimulus payment there could be other reason such as, you had a change in your banking institution or account  information  in the last year after the first stimulus check.
  
  

• If you did not receive the full amount of stimulus money you were entitled to you can claim the recovery rebate credit for the difference in the amount of your 2020 tax return based on Notice1444 received from the IRS, which was shared with you by the IRS after payment was made.

President Biden has said that there will be a third round of stimulus payments.  When that happens  our consumers won't have to spend a bunch of time and energy wondering when and where that third stimulus check will arrive.  If you have any further questions or issues regarding the Economic Impact Payment you can visit the Internal Revenue Service website at www.irs.gov.  If you work with MCIL and you do not have internet access an Independent Living Specialist may assist you with navigating the IRS website.  Our contact information is 901-726-6404.

Disability Identification in Tennessee

 Disability ID does not aid First Responders

Allison Donald

People with disabilities are entitled to the same level of protection in an emergency as everyone else—no more, no less. The “reasonable accommodations” mandated in the ADA are intended to provide the same level of safety and utility for people with disabilities as for everyone else.  As an advocate and a person with a disability it should not be a requirement for people to carry an identification card with information about their disability on it.  

Some people in Tennessee have proposed a disability category on the state Identification Card or Driver’s License to help first responders to know how to deal with some people with disabilities. 

There is no advantage to having this, because it would not require first responders to maintain training standards in the interactions with people living with disabilities. There are already manuals that detail how first responders are to be trained when they encounter individuals who have disabilities.  

The major concern I have as an advocate stems from what will happen when an interaction does not go according to plan. Is that identification going to help the first responder with knowing the proper steps to take when they encounter a person with complex disabilities?  Is that identification going to prevent an otherwise harmless situation from escalating due to a miscommunication?  As we have seen events like these involving people with disabilities often end badly and those involved are left with more questions than answers.

Those who support the idea of identification for persons with disabilities laud the added safety it provides.  However, it also becomes a crutch to some in the disability community who may expect first responders to know what the needs of people with disabilities are simply because they have been “trained” to do so.  If you are living with a disability knowing your rights and responsibilities and having a disaster preparedness plan should be a part of your personal life plan.

“There is training as to how to approach people with disabilities under different circumstances, said Jonathan Morrison of the Memphis Fire Department, “the gap is the shortage in resources at times and the lack of knowledge about what help can be provided to people with disabilities in this city.”

The issue of identifying people with disabilities will remain polarizing because it may take away our choice of who we would like to disclose our status of disability to.  It is our job as advocates to ensure equity for our community, not special treatment.

From the CDC About COVID-19

 

Things to Know When You Have COVID-19

Updated Jan. 8, 2021

Print

Stay Home When You Have COVID-19

Stay away from crowds.
Stay away from inside places with lots of people.
Avoid buses when you can.
Avoid trains when you can.
Avoid taxis when you can.

Watch for Ways COVID-19 Can Make You Feel Sick

Get help if you are worried about how sick you feel.
Call your doctor if you are worried about how you feel.

Get Lots of Rest When You Have COVID-19

Drink lots of water or juice when you have COVID-19.

Stay Away from Other People When You Have COVID-19

Stay in your own room when you can.
Use your own bathroom when you can.
Wear a mask when you must be around other people.

Wash Your Hands Often

Wash your hands with soap and water.
Wash your hands with soap and water for 20 seconds.
Sing the happy birthday song twice while washing your hands.
Use hand sanitizer if that is all you have.
Rub the hand sanitizer all over your hands.
Rub your hands until they feel dry.
Washing hands with soap and water is best.

Always Cover Coughs and Sneezes

Cover your mouth when you cough.
Cover your nose when you sneeze.
Cover with the inside of your elbow.
Cover with a tissue.
Put used tissues in the trash.
Wash your hands if you cough or sneeze.

Avoid Sharing Things When You Have COVID-19

Avoid sharing food when you have COVID-19.
Avoid sharing drinks when you have COVID-19.
Avoid sharing dishes when you have COVID-19.
Avoid sharing towels when you have COVID-19.

Clean and Disinfect Often

Clean to help slow down COVID-19.
Clean to remove dirt and germs.
Clean things that are dirty.
Clean things that are touched often.
Disinfect to help slow down COVID-19.
Disinfect to kill germs.
Disinfect things that are touched often.

Call Before You Go to the Doctor

Tell the doctor if you have COVID-19.
Tell the doctor if you think you have COVID-19.

Call 9-1-1 Or the Emergency Department If You Need Help

Tell the operator that you need help.
Tell the operator you need help with COVID-19.

Original Guidance: 10 things you can do to manage your COVID-19 symptoms at home pdf icon[449 KB, 1 page]

Download and Print: Things to Know When You Have COVID-19 pdf icon[86 KB, 10 pages]

COVID Relief, What Advocates for People with Disabilities Need to Know

The December 2020 COVID Relief and Omnibus Spending Bill: What Advocates for Older Adults and People with Disabilities Need to Know

On December 27, 2020, the fourth COVID-19 relief package was signed into law, The Coronavirus Response and Relief Supplemental Appropriations Act, totaling $900 billion.1 The relief package was combined with the larger

Consolidated Appropriations Act, 2021 (H.R. 133), a $1.4 trillion omnibus bill that includes the annual government funding for fscal year 2021 and numerous health care and other policies unrelated to appropriations.

This is a summary of major provisions impacting low-income people with disabilities and older adults of both the COVID relief package and the omnibus spending bill. 

The Coronavirus Response and Relief Supplemental Appropriations Act

The fourth COVID-19 relief package, the frst since March, includes important but limited fnancial relief, vaccination funding, and other supports. However, the package failed to include the most urgent and unmet needs of low-income older adults and people with disabilities in this crisis including:

• Medicaid Funding. The fnal package does not include increased funding for Medicaid, home and community-based services (HCBS), or additional relief to states and local governments, putting HCBS at risk for cuts as states face budget shortfalls. Despite the incredible risk for death and serious illness that older adults and people with disabilities face in congregate settings, Congress stripped out the $1.8 billion in funding for long-term services and supports and HCBS that was included in the original bipartisan COVID proposal released earlier in December.

• Adult Dependents. The COVID relief package again excludes adult tax dependents and individuals without Social Security Numbers from the new round of stimulus payments.

  Fortunately, the package also does not include the Safe to Work Act or any provisions shielding businesses, including nursing facilities and health care providers, from liability for COVID-related injuries and deaths.

Financial Relief

• Individual Tax Rebates and Stimulus Payments. Individuals with adjusted gross incomes up to $75,000 ($150,000 married fling jointly) are eligible for a tax rebate in the amount of $600 ($1,200 married). Families receive an additional $600 per child. The amount of the rebate will phase out by $5 for every $100 up to $87,000 ($174,000 married without children). Despite months of advocacy, adults who are claimed as dependents are not eligible for the rebate. While individuals who fle taxes using an Individual Taxpayer Identifcation Number (ITIN) or undocumented immigrants remain ineligible for the stimulus payments, members of mixed-status households, where the household includes those who qualify for the stimulus payments and those who remain ineligible due to immigration status, are now eligible for these direct payments retroactive to the CARES Act. Individuals who live in skilled nursing facilities, assisted living facilities, prisons, and other institutionalized settings are also eligible to receive the stimulus payment.

  Recipients of Social Security (retirement and disability), Supplemental Security Income, railroad retirees, and those receiving Veterans benefts will receive their payments automatically. Te IRS will issue the second round of payments based on 2019 tax returns, as well as information provided by individuals through the online nonfler portal used in the frst round of stimulus payments. Tose with no taxable income who do not fle tax returns will need to complete a form provided by the IRS to receive their rebate check. Stimulus payments will not afect eligibility for federal means-tested programs like Medicaid, SSI, and SNAP. Tose who do not receive a frst or second round stimulus payment, but are eligible, can claim the payment on their 2020 tax return. 

• Unemployment Insurance. The law renews the federal increase to unemployment benefts that expired in July. Te federal funding will provide an additional $300 a week for any worker eligible for state or federal unemployment compensation (UC) benefts through March 14, 2021 (previously, under the CARES Act the beneft was $600). The bill also extends through March 14th the Pandemic Unemployment Assistance (PUA) program for expanded coverage to gig and contract workers and others in non-traditional employment and the Pandemic Emergency Unemployment Compensation (PEUC) program that provides additional weeks of federally-funded benefts to individuals who have exhausted their state benefts.

• Paid Leave. Under the latest relief package, emergency paid leave is no longer guaranteed. Te Families First Coronavirus Response Act required employers to provide emergency paid sick leave and expand family medical leave for specifed reasons related to COVID-19. Tese provisions expired on December 31, 2020, and the newly enacted relief package does not extend these requirements. It instead allows employers on a voluntary basis to provide paid leave through March 31, 2021, and receive a payroll tax credit.

Additional Supports

• Housing Assistance. The newly enacted relief package extends the CDC federal eviction moratorium through January 31, 2021, providing critical and immediate protection for millions of renters on the verge of losing their homes. The Act also includes $25 billion in emergency rental assistance to help struggling renters impacted by COVID-19 to pay past due rent, future rent, and utility and energy bills to prevent power shutofs. While this $25 billion cannot meet the estimated $70 billion in back rent owed due to pandemic-related economic losses, it will provide an important stopgap until Congress can return to work on comprehensive solutions. These funds will be distributed by state and local governments, and includes $800 million for Native American tribal areas.

• Food Assistance. The relief package includes a 15% increase to SNAP benefts for everyone enrolled in the program through June 30, 2021, which is estimated to be an extra $25 to $30 a month per person. Te relief package also expands SNAP eligibility to college students and excludes counting unemployment benefts in SNAP eligibility determinations. Te relief package also includes additional funding for food banks ($400M), senior nutrition programs ($175M), and nutrition grants to Puerto Rico and the territories that are not eligible for SNAP ($614M).

• Vaccines and Testing. The relief package includes $69 billion for COVID-19 vaccines and testing and tracing. It allocates $9 billion to the CDC and states for vaccine distribution with $400 million earmarked for vaccine allocation to high risk and underserved areas, including communities of color. Te package allocates $22 billion to states for testing, tracing, and COVID mitigation programs. Of the $22 billion, $2.5 billion will be allocated to underserved communities through grants. Te remaining funding is allocated to vaccine research and development, building the stockpile of vaccine supplies, mental health funding, and funding for mental health and the Indian Health Service.

• Broadband. The relief package includes $3.2 billion to expand broadband access to low-income families and a $1 billion tribal broadband fund, as well as funding for telehealth, broadband mapping to efectively allocate funding to the areas most in need, and a grant program to fund broadband in rural areas.

• Elder Abuse. The relief package includes $100 million for the Administration for Community Living to “address abuse, neglect and exploitation of the elderly, including adult protective service and long-term care ombudsman activities.”

What’s Still Urgently Needed

Congress and the new Administration must immediately enact additional COVID-19 relief to meet the urgent needs of low-income older adults, people with disabilities, and communities of color who have been most impacted.

• Center Racial Equity. People of color continue to contract and die from COVID-19 at disproportionate rates and experience severe economic and health disparities due to historic and present-day racial discrimination, and are on the front-lines of fghting this epidemic. Yet Congress has not made addressing disparities an affrmative goal or taken the steps necessary to fully assess the impact of recovery efforts and relief funds on racial equity. We continue to call on Congress to explicitly target relief efforts and policies to support recovery for those most harshly impacted and immediately start collecting robust, intersectional data.

• Increase Medicaid Funding and Funding for Home and Community Services. Medicaid and state governments must have the resources they need to ensure they can care for low-income older adults and people with disabilities who are at most risk of serious illness. Congress should therefore increase the Federal Medical Assistance Percentage (FMAP), including a targeted

  FMAP for HCBS, to ensure older adults can receive the services they need in their homes and communities rather than nursing facilities.

Omnibus Package

In addition to the COVID relief package, the omnibus package includes $1.4 trillion in appropriations for FY 2021, with increased funding for programs and services that older adults rely on, as well as a number of critical pieces of legislation that will help low-income older adults.

Legislation

• Money Follows the Person. The Money Follows the Person (MFP) program helps to transition individuals out of institutional-based settings into the community. MFP was set to expire in December 2020. Te omnibus package extends MFP for three years through September 20, 2023. Te omnibus package bill also reduces the residency stay requirement in a nursing facility from 90 days to 60 days to qualify for services.

• Spousal Impoverishment Protections for HCBS. The spousal impoverishment protection is a Medicaid eligibility rule that allows one spouse to qualify for Medicaid home and community-based services (HCBS) while allowing the “community spouse” to keep income and assets so they will not become impoverished. Te spousal impoverishment protections for HCBS were set to expire in December, 2020. Te omnibus package extends spousal impoverishment protections for three years through September 30, 2023.

• Simplifcation of Medicare Enrollment. The omnibus package simplifes Medicare enrollment by eliminating the seven-month waiting period for coverage when enrolling in the General Enrollment Period (GEP) and the later months of the Initial Enrollment Period (IEP), and creating a Medicare special enroll period for exceptional circumstances beginning in 2023.

• Medicare Prescription Coverage. The omnibus package permanently authorizes the Limited Income Newly Eligible Transition (LINET) program. LINET prevents gaps in coverage that occur during enrollment in Medicare Part D by providing temporary prescription drug coverage for low-income enrollees.

• Colorectal Cancer Screenings. Medicare fully covers a colonoscopy. However, if a polyp is discovered or removed during the colonoscopy, for billing purposes, the colonoscopy is no longer fully covered. Tis cost deters individuals from seeking a colonoscopy and increases the likelihood of cancer going undetected, particularly harming Black men. Te omnibus package includes the Removing Barriers to Colorectal Cancer Screening Act, which eliminates unexpected Medicare costs for colorectal screenings.

• Restoration of Medicaid Coverage. The omnibus package restores Medicaid coverage to the Compact of Free Association (COFA) citizens from the Federated States of Micronesia, Te Republic of the Marshall Islands, and the Republic of Palau. It is estimated as many as 94,000 people nationally will beneft from the restoration.

• Medicaid Non-Emergency Transportation. The Centers for Medicare & Medicaid Services (CMS) has interpreted the Medicaid statute to require necessary transportation to and from providers – known as non- emergency medical transportation (NEMT). Te omnibus package codifes this interpretation of NEMT as a mandatory beneft in the Medicaid statute by adding a specifc requirement that Medicaid “ensure necessary transportation for benefciaries under the State Plan...”

• Medical Expense Treshold. Individuals who itemize deductions on their federal income tax returns are able to deduct qualifying medical expenses that exceed 7.5% of their adjusted gross income. Tis provision was set to expire in December 2020 and would have increased the threshold to 10%. Te omnibus package permanently sets the medical expense threshold at 7.5%.

• Medical Surprise Billing. The omnibus package includes provisions to curb surprise medical billing by prohibiting certain out-of-network providers from balance billing patients unless the patient is notifed that the provider is out of network.

  
  

Appropriations

• Administration for Community Living. The Administration for Community Living (ACL) received $35 million in increased funding in 2021 for a total of $2.3 billion. Te funding includes the annual allocations for ACL to carry out its programs including Older Americans Act Title III B programs, funding for the Senior Community Service Employment Program, and an increase of $15 million for senior nutrition (total $952 million) and an increase of $4 million for Family Caregiver Services (total $200 million).

• Social Security Administration. $12.9 billion is provided for SSA’s operating expenses, including a very modest increase of $67 million over 2020.

• Legal Services Corporation. The 2021 funding appropriations includes $465 million for the Legal Services Corporation (LSC), which funds legal services for low-income individuals. Tis is a $25 million increase over the 2020 enacted level.

• LIHEAP. Te Low-Income Home Emergency Program (LIHEAP), which provides assistance to help pay for heating bills and prevent energy shutofs received a $10 million increase from 2020 for a total of $3.8 billion.

• Community Services Block Grants. Community Services Block Grants provide federal funds to states, territories, and tribes to distribute to local agencies to reduce poverty in communities. Federal funding for the grants is increased by $10 million in 2021 to total $745 million.

• Department of Housing and Urban Development. The Department of Housing and Urban Development (HUD) is funded for a total of $49.6 billion, a $561 million increase from the 2020 enacted levels. Te bill provides level funding or modest increases for all HUD programs, including:

  • Section 202 federal housing for the elderly of $855 million, a $62 million increase.

  • Section 811 housing for people with disabilities of $227 million, a $25 million increase.

  • $13.5 billion for Section 8 Project-Based Rental Assistance, a $1 billion increase.

  • $25.8 billion for Housing Choice Voucher program, a $1.9 billion increase.

  • Public Housing Fund that pays for public housing operations funded at $7.8 billion, an increase of $387 million.

  • Full renewal of grant-based Services Coordinators (estimated at $95 million) and an additional $30 million for new Service Coordinators.

  • Expands access to housing, providing $43.4 million in new targeted vouchers to reduce homelessness among families with children, individuals, the unsheltered, veterans, and survivors of domestic violence

• Public Health. Te 2021 funding appropriations includes $175 million to reduce HIV infections, an increase of $35 million from 2020. Ryan White funding is also increased by $25 million to $2.4 billion. Public health funding for Alzheimer’s Disease was increased by $5 million to $20.5 million.

  
  

  1 Congress previously passed the Coronavirus Preparedness and Response Act (H.R. 6074) on March 6, 2020; the Families First Coronavirus Response Act (H.R. 6201) on March 18, 2020; and the CARES Act (H.R. 748) on March 27, 2020.