Looking Back 20 Years: Tennessee v. Lane

The State of Tennessee’s Appeal of the Lane Decision Should Be Withdrawn. 

 "... it is clear that states are not actually seeking greater sovereignty, they want more money. "

By: Deborah Cunningham 

EDITOR'S NOTE: Looking back twenty years ago today, the long-time director of the Memphis Center for Independent Living put her two cents into the Lane case. Back in 2003, the Civil Rights of the ADA were in danger. Deborah gives a great rebuttal here, and concludes very personally. It is clear the issues twenty years ago still reverberate in our state.

7/12/2003 

Legal pundits call it “sovereign immunity,” but basically it is the principle that rulers are exempt. The un-elected Attorney General of Tennessee is appealing his assertion that our state is exempt from protecting the Civil Liberties of Tennesseans with disabilities to the US Supreme Court. Tennessee v. Lane (No. 02-1667) will be heard in the upcoming session by the Supreme Court if Summers does not withdraw our state’s appeal. 

Although citizens of Tennessee may feel most passionate about their Constitutional Rights, the state of Tennessee has opted to challenge those rights of Americans with Disabilities and assert the authority of a single state over the most important civil rights of individuals. Title II of the 1990 Americans with Disabilities Act requires that state and local government make programs and services “readily accessible and usable by individuals with disabilities.” Those governmental institutions may be the polling place, the courtroom, city hall and the state capitol building. And the Constitutional Rights that states are obligated to protect may be as essential as: voting, due process and equal protections. 

1. Paul Summers continues the reputation for southern bigotry through the appeal of Lane.

The Attorney General of Tennessee asserts that Congress did not have the authority to require states to act to ensure these basic civil liberties. A similar challenge was made to the 1964 Civil Rights Act, claiming in Katzenbach v. McClung (Ollies BBQ) that a local BBQ shop was not covered by the “Interstate Commerce Clause” and thus exempt from Congressional authority to integrate. 

Now as Americans look back, Congressional authority was necessary to achieve racial integration in the light of states resistance to altering the privileged system. The same is true for the civil rights of persons with disabilities. States are historically the most abusive of institutions; many states had sterilization programs directed at people with disabilities. The United States eugenics movement justified the sterilization, institutionalization, prohibition of marriage and preclusion of immigration of people with disabilities. The later passage of the discriminatory “Jim Crow” and immigration laws were based on eugenicists distorted viewpoint. In 1927, the U.S. Supreme Court legalized forced sterilization of people with disabilities in Buck vs. Bell. 

The Constitutional Rights of people with disabilities are endangered by state actions. Without Congresses authority to make and enforce laws essential to the inclusion and integration of people with disabilities our nation will take a leap backward to a time when disability was hidden, isolated and locked away. The step backward is easy to see, because this nation is nearing the fiftieth anniversary of the Brown v. Board decision. Although equality was clearly an individual’s Constitutional Right, US states could redefine separate as equal. Long before the Supreme Court reversed the ugly discrimination validated by Plessey v. Ferguson, it was clear that states did not protect equality, even separate equality and Paul Summers continues this legacy with his endangerment of the rights of Americans with disabilities. 

2. Tennessee’s Appeal to the Supreme Court endangers valid civil rights of people with disabilities.

Americans support the ADA. Nearly nine out of ten (87%), of those who are aware of the ADA, support and approve of the Americans with Disabilities Act. [A Louis Harris and Associates survey 1999]. When President George H.W. Bush signed the 1990 Americans with Disability Act he stated: 

And now I sign legislation, which takes a sledgehammer to another wall, one which has for too many generations separated Americans with disabilities from the freedom they could glimpse, but not grasp. Once again, we rejoice as this barrier falls for claiming together we will not accept, we will not excuse, we will not tolerate discrimination in America. 

Although most Americans support the landmark civil rights legislation, the ADA did not start out with reasonable enforcement on a federal level. Mouth magazine reported to its readers on the results of a five-month investigation into the U.S. Department of Justice and its enforcement of disability rights law. The report showed that in six years of enforcement, the Disability Rights Section of the DOJ had brought only one ADA case to trial and judgment, and between January 1, 1994, and December 31, 1997, the DOJ opened 6,339 ADA cases, filing suit in four. 5,525 cases were still open, unresolved, on January 1, 1998. 

Even with a weak record of enforcement following the ADA, the situation of Americans with disabilities has significantly improved as reported by Dr. I. King Jordan, the first deaf president of Gallaudet University: 

Certainly, life before the ADA was rampant with physical and social barriers that prevented disabled people from making even rudimentary decisions. Many were trained in sheltered workshops, or warehoused by families and educational systems embarrassed by their very existence, and convinced they had little potential for success. [Dr. I. King Jordan, “Colleges Can Do Even More for People With Disabilities,” The Chronicle of Higher Education, Section 2 (June 15, 2001).

The Congress’ express purpose was equal access to government by all citizens. The priorities established by Title II make access to government the top priority of state and local entities. Additionally, since the ADA was signed, there are some critical facts that could be added to the record of discrimination by state governments. 

Voting: In 1998 approximately 20,000 polling places were not accessible. 

Integration: States have ignored the US Supreme Court’s 1999 Olmstead decision. More than two-thirds of the states have not even developed a plan for implementation of Olmstead. 

Due Process: The evidence Congress had when it passed the ADA showed that 76% of state-owned buildings did not offer accessible programs and services. George Lane in 1996 could not access a courtroom in Tennessee because he uses a wheelchair and sued the state for denying him due process. Attorney General Paul Summers used this incident to allege that Tennessee does not need to protect some citizen’s Constitutional Rights. 

Transportation: In 1989, one-third (36%) of the national bus fleet was accessible. ... projections indicate that by 2002, the national bus fleet will be 100 percent lift/ramp-equipped. [Rosalyn M. Simon, “Status of Transportation Accessibility in the United States: Impact of the Americans with Disabilities Act,” in Proceedings of Seminar L Held at the Planning and Transportation Research and Computation European Transport Forum, Brunel University, England § 3.1 (Sept. 2-6, 1996)]. 

3. Tennessee does not advance “states rights” with the Lane Appeal

The concept of sovereign immunity should not be resolved at the expense of citizens’ valid civil liberties. The legal issues may ignore that real people are involved and the real issues are ultimately not simply legal, but moral. The concept of sovereign immunity is even further removed from the lives of Americans today because individual US states do not exercise dominion over the lives of citizens. Federal Highway funds normally dictate a state’s transportation plans, Medicare significantly impacts states health-care procedures, Medicaid funds determine long-term care policy and National Education policy directs US states schooling. 

The fact is that states work to get federal funding with one hand and push federal control away with the other. States could easily claim greater sovereignty by turning down federal funds and making their own rules or even canceling programs altogether; however, it is clear that states are not actually seeking greater sovereignty, they want more money. 

Tennessee rather than working to become more “sovereign” is becoming more and more dependent on federal money coming into the state. I am familiar with this states failed long-term care policy because I have worked to help citizens live independently for the past 20 years. Our state almost exclusively funnels long-term care funding to nursing homes and other institutions, the most expensive and least desirable form of long-term care. 

Seven years ago the Comptroller of the Treasury warned us that Tennessee faced a crisis in long-term care funding and as more Tennesseans are forced into institutions for long-term care, the Federal Medicaid funds that now are huge, will continue to grow. The 1997 Tennessee comptroller's report mentioned the success of Wisconsin, Oregon and Washington. Between 1979 and 1995, Oregon cut long-term care costs by $400 million. Between 1982 and 1992, the report declared, the total number of nursing home beds in those three states dwindled and home and community services increased. [W. R. Snodgrass, Comptroller of the Treasury; Long-Term Care of Tennessee's Elderly, Oct. 1997] 

For many years I have assisted with the help of Memphis ADAPT and the Memphis Center For Independent Living more than a dozen people with disabilities to leave the state of Tennessee in order to receive minimal assistance (bathing, dressing, wheelchair transfers) they need to live in other U.S. states that offer home and community services as an alternative to nursing homes.

Without exception the Tennesseans with disabilities wanted to live and work in their own communities, they still do. I would like to remind Mr. Summers that forcing us to seek asylum outside of our own state in order to receive basic assistance is not only cruel and inhumane but also morally unconscionable. Unfortunately, Mr. Summers’ conscience appears to be unaware and undisturbed by citizens with disabilities in Tennessee who seek civil rights protection from discrimination. 

Learning to Drive

Most people thought that I couldn’t or shouldn’t

By Timothy Redd
February 5th is a day that I won’t soon forget. It’s the day I became a licensed driver. Learning to drive has been a goal of mine for many years. I really never had anyone to help me and most thought that I couldn’t or shouldn’t. As people with disabilities we all know how limited our life experiences can be because of the lack of good transportation options.

Trina Weathers-Boyce, my TN Vocational Rehabilitation counselor connected me with Nikki Simmons of Driving Independence. Driving Independence is an independently owned Occupational Therapy clinic focusing on driver rehabilitation.

Driving Independence offers driving evaluations, and driver training. They also provide vehicle and equipment fitting. The owner and Certified Driving Rehabilitation Specialist (CDRS) and Occupational Therapist since 1999, Nikki Simmons has experience in acute care, rehabilitation, outpatient, pediatrics and home health.  She has specialized in spinal cord injuries, neurological disorders and geriatrics.

Nikki is a member of The American Occupational Therapy Association (AOTA), The Association for Driver Rehabilitation Specialists (ADED), the National Board for Certification in Occupational Therapy, Inc. (NBCOT), and National Mobility Equipment Dealer Association (NMEDA).

Nikki met me and we went over the driver’s manual. She helped me prepare and took me to take my written exam. We met weekly sometimes twice a week after I got my drivers learner permit.

Nikki assured me that I could drive and that I would be fine. The first day I got on the road it was actually at night. I was terrified but I pressed through my fears and listened to what she said and indeed I learned to drive.

My first attempt at the road test was not the best and I failed. I worked a little more, passed and I got my license.
I have to say I am so proud of myself. I am working now to get my first car and I am so excited because it will finally make me totally independent. Thankfully I am employed and I am able to live on my own. 

As a person with a disability it’s easy to give up on goals and dreams if we don’t have support, because of such low expectations placed on us by society. I really wish I had done this earlier, but, at 37 it has happened for me and I am so ready to go and come as I choose without waiting on a ride.

People have asked me: “What is the rush to get a car?”

My whole life has been filled with waiting and I don’t want to have to wait on someone to come and take me where I want to go. Uber and MATAplus are my main modes of transportation, while I’m thankful for the services they provide I’m even more excited about a new level of freedom.

Driving can make the coolest person anxious because many drivers don’t use signals, run red lights, cut you off in traffic, and many won’t even let you over. I have learned to just pay attention and not follow too closely in order to have a better response time for all the uncertainties on the road.

While it is a little scary it’s also exhilarating. If driving is a goal of yours I would encourage you to reach out to your VR counselor, currently there is a program that will be pay for the driving instructions. To learn more you may also reach out to Nikki Simmons via phone at (901) 734-7472 or email nsimmons@drivingindependence.com.

Facts about housing and people with disabilities

A New Report shows the difficulty of housing for people with disabilities

The Technical Assistance Collaborative (TAC) and the Consortium for Citizens with Disabilities Housing Task Force have released a new report, Priced Out: The Housing Crisis for People with Disabilities, documenting the housing affordability crisis experienced by the lowest-income people with disabilities across the United States. Supplemental Security Income (SSI) is a federal program that provides income to people with significant and long-term disabilities who have extremely low incomes and savings.

• In 2016, the average annual income of a single individual receiving SSI payments was $9,156 — equal to only 20% of the national median income for a one-person household and about 22% below the 2016 federal poverty level.

• The national average rent for a modest one-bedroom rental unit was $861, equal to 113% of the national average monthly income of a one-person SSI household. This finding confirms that, in 2016, it was virtually impossible for a single adult receiving SSI to obtain decent and safe housing in the community without rental assistance.

• In Tennessee there are 125,127 SSI recipients who get a monthly payment of $733. That puts the average one-bedroom apartment rent at 87% of the individual's income. 

• The national average rent for a studio/efficiency unit in 2016 was $752, equal to 99% of monthly SSI. In 13 states and the District of Columbia, areas with the highest housing costs, the average studio/ efficiency rent exceeded 100% of SSI income.

• Often, statewide average one-bedroom rents were higher than monthly SSI payments, including: The District of Columbia (206%), Hawaii (188%), Maryland (167%), New Jersey (151%), New York (145%), Virginia (139%), California (138%), Massachusetts (133%), Delaware (125%), Washington (123%), Illinois (122%), Colorado (117%), New Hampshire (117%), Florida (116%), Connecticut (114%), Oregon (113%), Vermont (113%), Rhode Island (108%), Texas (103%), and Pennsylvania (103%).

• In four states — New Hampshire, New Jersey, Rhode Island, and Vermont — and the District of Columbia, one-bedroom rents exceeded 100% of SSI in every single housing market area. More than 163,000 people with disabilities receiving SSI lived in these areas in 2016.

• In 220 housing market areas across 40 states, one-bedroom rents exceeded 100% of monthly SSI. Rents for modest rental units in 26 of these areas exceeded 150% of SSI.

• As a result of this housing affordability crisis, millions of non-elderly people with disabilities reside in homeless shelters, public institutions, nursing homes, unsafe and overcrowded board and care homes, at home with aging parents, or in segregated group quarters.

• Learn more at http://www.tacinc.org/knowledge-resources/priced-out-v2/.

Here in the Memphis area the most important thing we can ask for housing programs to include preferences for people with disabilities. Espicially a preference for helping people coming out of institutions will be a huge savings of our support funding. We can also save by helping people with disabilities to get housing and stay out of expensive institutions. MCIL will continue to demand this and to work for coverage by Medicaid and other sources for services that support successful tenancy. When people with disabilities and older Americans can get the services they need in their own homes, the funding recycles in the community rather than funneled out-of-state.

Ramp access

Eagle Scouts volunteer for access in Memphis

By Tim Wheat

Over the weekend MCIL helped to provide needed access to one Memphian. The credit for this actually goes to local Eagle Scout volunteers who saw a need and provided all the labor to make a real difference in our community.

MATA had threatened to cut off service to a customer because they felt her ramp was dangerous. The ramp had wear and did not include a “curb rail” that would prevent her from possibly rolling off the ramp surface and under the handrail. 

Photos from the event: https://flic.kr/s/aHsm9BXsx6 

The local boy scouts, candidates for Eagle Scout, raised money for new materials for the ramp. They also designed a new structure that would be safer and solid for long-term use. MATA made MCIL aware of the problem and we put the Eagle Scouts in touch with the resident in Memphis.

MCIL and the Scouts are planning to coordinate on more of these projects and we expect that not only will the projects be helpful to people with disabilities in Memphis, but also helpful to the Eagle Scouts. This is one of the areas where there is a clear benefit to the community, and completely financed by the gifts and kindness of neighbors and friends.

The project was not easy. The Eagle Scouts used the good materials existing to build a strong structure. They cut and replaced all of the surface to be treated boards. This creates a solid surface that will not hold water and prevents the buildup of dirt. It is a lot stronger than the original ramp and will be good for a long time.

MCIL has a minor home modification program, but it has limited funds and must seek approval from the City of Memphis in a process that takes months. MCIL is looking to improve that program that is needed in Memphis.

Elder Abuse

People with disabilities need to know the signs of abuse

By Timothy Redd
Today I listened the Senior Zone podcast and learned quite a about elder abuse and justice. The guest on the show was Edwin Walker.  As the Deputy Assistant Secretary for Aging of the Administration on Aging (AoA) within the Administration for Community Living, Edwin L. Walker serves as the chief career official for the federal agency responsible for advocating on behalf of older Americans.

In this capacity, he guides and promotes the development of home and community-based long-term care programs, policies, and services designed to afford older people and their caregivers the ability to age with dignity and independence and to have a broad array of options available for an enhanced quality of life.

Elder abuse is occurs more frequently than you may think and many think it’s a personal problem and don’t want to give involved. This is a humanity issue and one the best thing you do is say something if you see something. Elder abuse is any form of mistreatment that results in harm or loss to an older person. It is generally divided into the following categories:

• Physical abuse is physical force that results in bodily injury, pain, or impairment. It includes assault, battery, and inappropriate restraint.
• Sexual abuse is non-consensual sexual contact of any kind with an older person.
• Domestic violence is an escalating pattern of violence by an intimate partner where the violence is used to exercise power and control.
• Psychological abuse is the willful infliction of mental or emotional anguish by threat, humiliation, or other verbal or nonverbal conduct.
• Financial abuse is the illegal or improper use of an older person's funds, property, or resources.
• Neglect is the failure of a caregiver to fulfill his or her care giving responsibilities. Self-neglect is failure to provide for one's own essential needs.

Did you know that Approximately 1 in 10 Americans aged 60 and over have experienced some form of elder abuse? Some estimates range as high as 5 million elders who are abused each year. One study estimated that only 1 in 14 cases of abuse are reported to authorities Recent studies show that almost half of those with dementia experienced abuse or neglect. Interpersonal violence additionally occurs at disproportionately higher rates among adults with disabilities.

When it comes victims of elderly abuse, their attacker is typically someone who has established a trust relationship with. It is common to find that abused elder feel shamed or may make excuses for their abusers. Here are a few key indicators of abuse and some common forms of abuse:

• Physical: bruises, broken bones, abrasion, and burns
• Emotional: Change in alertness, loss of interest in thing once enjoyed, and depression
• Exploitation: Change in  financial abuse
• Sexual: bruises in genital region
• Neglect: Poor hygiene, bedsore, unusual weight loss, unattended medical needs

If you are elderly make sure you have a plan or develop a plan so that your support system will know how you wish to live so that they will recognize if anything is out of the ordinary.

If you observe or suspect elderly abuse call Adult Protective Services. TN Adult Protective service number is 1-888-APS-TENN (1-888-277-8366). If you suspect immediate danger call 911. To find resources and to learn more you may access www.eldercare.gov.

Walk This Way

MCIL part of the Memphis Pedestrian Panel 

By Allison Donald
For the community of people with disabilities who walk or rely on public transit to get around Memphis it is important that we know and understand the rules that govern our travel.   As a community it is also imperative that we are a part of the process of creating safer a more inclusive communities.

I was a part of a panel which included Scott Fleming, Memphis architect and Nick Oyler, Bikeway and Pedestrian Program Manager for the City of Memphis.  The panel focused on how Memphis can reduce traffic violence. The City also needs to catch up on $1.1 billion in sidewalk repairs, and help local businesses maintain walkable, safe streets.  Community engagement, education, engineering, and enforcement steered the conversation. 
  
Nick Oyler, concedes that there has been a lack of community engagement, education, and enforcement on behalf of the city.  Memphis is working to combat that by supporting strategies like the Vision Zero campaign to make the Memphis Medical district more livable and safe.  
The BE AWARE initiative which supports medical district pedestrians is a call for mutual respect and safer interactions between people walking and driving through the medical district.  

If you want to pledge your commitment to a safer district you can visit www.MDBEWARE.com for more information.  Mr. Oyler also suggested posting signs that clearly displayed the penalty for not abiding by the rules of the road for pedestrians and motorists. 

The conditions of the sidewalks in the city was another issue discussed at length.  Sidewalk safety is crucial for people with disabilities, because that is how we walk and roll through this city.   However, navigating sidewalks safely has proven to be problematic for people with disabilities due to poor sidewalk maintenance which often times forces people with mobility devices into the street.  

Once the city installs a sidewalk it is up to the property owner to maintain the sidewalk. If you want to make a complaint about a broken sidewalk you can call the 311service or use the 311 app. 

Memphis officials have also made plans to assist homeowners with fixing cracked and broken sidewalks   Homeowners (not renters or owners of multiple properties) are offered financial assistance.  Residents who make less than $25,000 per year, are 65 or older, or are 100-percent disabled veterans. The assistance is also be offered to households that fall below the federal poverty line. The program would cost $200,000 this fiscal year to help address the sidewalks of the 400 properties that now have outstanding citations.  

If you would like more information on this program go to www.memphis.gov and click on the city engineering tab. 
Scott Fleming also added that sidewalk repair was not the only way Memphis could become a more pedestrian friendly city.  He suggested incorporating different architectural elements that would lend some spaces to being walkable to mixed use retail complexes to everything in between.  His point of view not only is it aesthetically pleasing it will create more employment opportunities.  

I wanted to let my fellow panelist know as well as the city planners who were also in attendance that accessibility is a must, but it does not mean that creativity and forethought must go out of the window to achieve that goal Memphis. 

For example, audible street crossings would do wonders for people with low to no vision.   It is not just about having a curb ramp, but whether or not the curb ramp is too steep for a person with a disability to roll up on.  It is not just about the access aisle being at the front of the store which does me no good if someone’s car is blocking it.  

Memphis can thrive if neighborhoods are safe, accessible to all, and walkable become the norm in our city, where it is easy to reach restaurants, stores, transit stops, schools, and parks on foot and by mobility device.

Clift Notes: Conventiontime

Fitness, Technology, and Renewing Your Federation Spirit

By Christina Clift
On July 10-16, 2017 more than 2500 people gathered in Orlando Florida for the 77th annual convention of the National Federation of the Blind.  Every year it’s an opportunity to meet up with old acquaintances and friends, learn about the latest innovations in technology, and renew the bonds of love, hope, and determination that fuel our movement. It’s simply six days of nonstop activity fueled by not enough rest, snatched meals, and organized chaos. 

The Tennessee affiliate was well represented with 20 individuals from across the state in attendance with the Memphis chapter represented by nine individuals, five of which were convention rookies.  While this would be a vacation at times, I was also there to work and represent the blind in Tennessee. 

My first stop in Orlando was at the hotel where upon checking in I discovered that the walk to the convention center which is connected by a restaurant filled causeway was about 1.75 miles round trip.  This would require waking up a bit earlier and quickly puzzling out the way to and from the elevator.  I’d already scoped out the ice machine which was luckily seven doors down from mine.  By this point I had already encountered the obstacles of potted plants, artfully arranged seating areas, a birdcage where the birds did not sing, and lots of people with long white canes or service animals.  The convention had arrived and I was ready to jump into the fray.

     The first place my rookie, Deborah, and I ventured to was Tobias Burgers and Brews to get dinner.  This meant traveling from our room to the end of the causeway that connects the hotel to the convention center.  We were fairly successful in navigating the way there using my memory from the year ago.  We weren’t too proud to ask a UPS volunteer for assistance along the way.  It is always interesting to observe how our rookies will react to convention; so far so good.

I found a great chicken pot pie with a flakey croissant crust, unctuous broth, chunks of chicken, vegetables and the side of mashed potatoes with bourbon bacon and cheddar cheese. The meal helped to fuel my explorations for the next few hours.

Deborah and I headed to the Rookie Round-up.  This is an event that orients any first-time attendees to what will happen during our convention.  Since I already knew all of this I left Deborah sitting in the audience and caught up with an old friend.  I wanted to see how Deborah would fend for herself when left without anyone to help her.  This is a trick pulled by all of the mentors at some point during the early days of convention, because we don’t want our mentees totally dependent on us. 

Deborah did well and finally found her way back to her room.  She asked for directions when needed and used her cane to navigate the hotel.     

“I was excited and looking forward to what the rest of the week would bring,” Deborah said after making it through her first day.

On Tuesday I sat in on a seminar presented by Amazon in which they discussed the accessibility of their current products including the Kindle, Echo, Amazon TV and Fire Stick.  Amazon’s products over the past few years have increased in accessibility for people who are blind with the addition of voice commands, voice view and of course the inclusion of Alexa.  Thousands of the Kindle e-books are accessible as well.  You can identify them if it says “screen reader supported.”  Meanwhile, Deborah was attending the NFB Job Fair and handing out resumes. 

My next stop that day was to visit the Exhibit Hall and Independence Market where I could play with all of the new technology.  My favorite item was the Aira glasses which provide instant access to information. Aira agents will provide real-time feedback to give customers information about the best route to travel to get where they need to go, assistance while shopping, during social events, out dining, and reading documents. 

I signed up on the basic plan and can’t wait to try them out.  The basic plan costs $89 a month and you will receive your Aira glasses, a hotspot, equipment insurance, and 200 minutes for the first three months and 100 minutes thereafter.  Anyone who refers someone who signs up will receive a free month of service and since I referred two people to sign up I will receive two months free.

But my greatest accomplishment that day was being able to travel to and from my room to the elevator with no wrong turns.

Wednesday was the only day during the week that I got to sleep until 9:00 and it felt wonderful.  I served in the hospitality suite for five hours since Tennessee was one of the state affiliates sponsoring this year’s convention.  While serving snacks and bottled drinks I got to meet members from across the country.  I met a member of the Springfield Massachusetts chapter and we talked about ways to keep blind youth engaged.  I met a transplanted Memphian living in Arizona.  We reminisced about his days at Booker T Washington and places he remembered growing up. 

Rookies from Colorado, Georgia, Alaska, and Hawaii asked questions too. Students came by who simply wanted to borrow our microwave to heat up their Raman noodles.  It was a time for answering questions, welcoming members who needed a snack, and making new friends like a lady for Georgia who sang solo for us while munching on a bag of Cheezits.

Meanwhile, Deborah was attending the Human Services Division meeting and learning about the fight to make electronic medical record software accessible for the blind. By the end of Wednesday everyone is giving thanks to the UPS volunteers who unfailingly helped us when we were lost, turned around, or in need of finding a place to sit while we eat lunch.

On Thursday we all gathered for General Session.  There’s nothing more exciting than when the gavel goes down and we are all seated by state.  The opening ceremony was kicked off by entertainment provided by a blind contestant from The Voice named Blessing Offor.  He was followed up with a celebration of freedom for our blind veterans.  Next up was Going through the Roll Call of States. 

It’s is always exciting because you get to hear what is happening in other states and who is serving as their delegates and alternate delegates. The list of 52 affiliates takes quite a while to get through.

After we came back from lunch we listened to the Presidential report from our current president Mark Riccobono. It highlighted our accomplishments over the past year and talked about our continued challenges.  Some of our remaining challenges are the right to parent as blind individuals, equal wages for people with disabilities, and access to affordable technology. The afternoon ended with a report from the World Blind Union, which reaffirmed their commitment to the Convention on the Rights of Persons with Disabilities and the Marrakesh Treaty.

On Friday we elected individuals to serve on our national board of directors. Winners included: Cathy Jackson from Kentucky, Adelmo Vigil from Illinois, Joseph Ruffalo from New Jersey, Norma Crosby from Texas, John Fritz from Wisconsin, and Ever Lee Hairston from California.

We also heard inspirational stories from people like Top Chef Season 3 winner Christina Ha, Jordan who ran across the United States in 56 days, and Jessica Beecham who will be competing in the Pike’s Peak Challenge later this year. 

We also passed 22 resolutions dealing with issues regarding access to kiosks, funding for public transportation, the Pedestrian Enhancement Safety Act, federal funding for the Library of Congress’s Libraries for the Blind, equal access to computer-adaptive tests, accessibility of major home appliances, and the commercialization of interstate rest areas.

Deborah stated after hearing all of the resolutions, “I was amazed at the scope of work the NFB is involved in and I still have so much to learn.”

If you’d like to read the entire list of resolutions passed you can click here: National Federation of the Blind Resolutions for 2017.

After a long day in general session some of our folks decided to play tourists and visit local malls.

“I learned how Uber and Lyft work and look forward to using them more to increase my independence in travel,” stated Evonne Johnson a rookie from Memphis. 

Saturday was all about technology with reports from VFO, Amazon, Aira, Microsoft, and Expedia.  Each speaker provided an update on the accessibility of their software as well as what new features would be introduced in the future. 

The tenth annual Dr. Jacob Bolotin Award were also presented to five  innovators and advocates who are helping blind people live the  lives they want. This year’s winners included: the American Bar Association for its commitment to making its resources and conferences fully accessible to its blind members. Dr. Paul Barlett of Cleveland Chiropractic College for his innovations in making complex medical diagrams and other materials accessible, and The NFB of Illinois for its Freedom Link Program which pairs blind youth with blind adult mentors to  participate in independent travel excursions and recreation activities in the Chicago area.

The final two awards were presented to documentary filmmakers. Ten thousand dollars was awarded to Rooted in Rights, a project of Disability Rights Washington, for its film Bottom Dollars, which exposes the pitfalls of sheltered subminimum-wage employment for people with disabilities, and profiles disabled workers who have obtained integrated and meaningful employment. A $15,000 award was presented to co-directors Sarah Ivy and Abigail Fuller for their documentary Do You Dream in Color?, which follows four blind teenagers as they seek to achieve their dreams in the face of low expectations and barriers in the education system.

When the gavel sounded at 5:00 PM Saturday evening all 2,500 well-trained Federationists did what we do every year, we stood up, turned around, and moved in order to clear the ballroom floor in three minutes so that the room could be readied for our banquet.  I had already left the ballroom since I was a marshal and would be responsible for loading people into their assigned elevators.  Controlled chaos at its best.  We had everyone up to their rooms by 5:35 and so I jumped onto the last elevator to get all dressed up for banquet.

The Banquet is always a time full of anticipation.  What will the president’s speech be about? Who will win the big raffles and door prizes? In my case my first thought is what will dinner be like?  Well, it was typical banquet food consisting of a spring salad, fillet mignon, mashed potatoes, broccoli and carrots.  Dessert was a trio of chocolate crème brûlée, lemon sponge cake, and pudding.  Dessert was the best part of my meal. 

Once we were fed, it was time for our annual banquet address.  President Riccobono presented a speech titled "Innovation, Blindness, and the Emerging Pattern of Thought.”  An inspiring speech which lasted more than 75 minutes, my rookies and I all managed to stay awake.  President Riccobono explored the place of technology in the lives of blind people and how it has changed over the generations.  You can read the speech on the web.  

We were all a little disappointed when the gavel came down for the final time at 11:15 PM that evening, because it meant that convention had come to an end.  None of us won any of the raffles or $2,017 cash door prize either.  Some people ask me why I go to convention every year.  Well it’s for this reason: Often times a blind person can be the only one at a school, job, apartment complex, or church.  They often encounter barriers that they must overcome by themselves. But the convention reminds us in the words of former President Kenneth Jernigan:

“As blind individuals we often walk alone but in the NFB we march together.”

That is the power of the Federation, an organization of the blind speaking for ourselves. 

If you’d like to join us next year or want to learn more about who we are and what we do, call us at (901) 213-6270 or shoot us an e-mail at memphis@nfb-tn.org.

Vocational Rehabilitation plans public hearing far from public transportation

Cordova Library more than a mile from a bus stop

By Christina Clift
On June 9, 2017 MCIL staff notified Joel Blackford about our concerns over the location of the public hearing in Memphis for Vocational Rehabilitation scheduled for June 27, 2017.  As it stands currently, the public meeting is being held in a location not accessible by public transportation. In fact, it is more than a mile from the closest bus stop.

Tennessee Vocational Rehabilitation Program (VR) is part of the state’s Disability Services and provides a variety of individualized services to persons with disabilities in preparation for their employment in the competitive labor market. But the choice of the Cordova Library seems to limit the participation from the people they intend to serve. Paratransit, the accessible service that runs alongside the Memphis public transit service, will only travel three-quarters of a mile from the current fixed-route system to provide additional accessibility. MATAplus will not serve the location that VR selected for the hearing.

The library site is more than a mile from the nearest bus stop on Germantown Parkway. If someone was to take public transit, not only would they have to walk more than a mile, but there are no sidewalks in sections along the route on Trinity Road. On both sides of the street, divided by a median, the sidewalk just ends.

Four Vocational Rehabilitation draft policies are currently available for public review and comment, they include: 

• Customized Employment, 
• Pre-Employment TransitionServices, 
• Supported Employment Services, and 
• Self-employment Employment.  

Comments on these policies can be sent to Joel Blackford by email at Joel.Blackford@tn.gov, by phone at (615) 313-4898, or by mail to 400 Deaderick Street, 12th Floor, Nashville, TN 37243. Comments will be received until close of business July 13, 2017.

If Vocational Rehabilitation truly wants public input regarding changes in policy, they must hold the meetings where potential and existing clients can attend.  Unless the decision is changed the meeting will be held at the Cordova Library located at 8457 Trinity Road at 4:00 PM on June 27, 2017. 

If you believe that this meeting should be moved to a location accessible to all,  contact Joel Blackford at (615) 313-4898 or by e-mail at joel.blackford@tn.gov and ask them to move the meeting so that all voices can be heard.