Facts on the Stimulus Checks

Call MCIL if you need information about the COVID-19 Stimulus payment

By Christina Clift
In mid-April most Americans will begin receiving “economic impact payments” which is part of the CARES Act law that Congress passed, and the President signed in response to the COVID-19 pandemic.  This 2.2 trillion dollar rescue package will provide some help to Americans impacted by the Covid19 virus, but it will not be the only solution needed to begin combatting the economic fall-out this virus caused on our city, state, country, and world.  Many people are wondering if they are eligible, how much money will they receive, and how they will get their money. These are all valid questions given the initial confusion when this law was passed, but I’ve done my best to answer some of them below:

Who will be eligible for payments?

• You filed a tax return for either 2019 or 2018. 
• Your income is below the guidelines for the payments. $75,000 a year for individuals and $150,000 for married couples filing jointly
• People with higher incomes get less or no money. See the IRS information for more details.
• Social Security beneficiaries
• You are not a dependent on someone else’s tax form.
• You have a social security number 

How much money should I expect?

Anyone earning up to $75,000 in adjusted gross income and who has a Social Security number will receive a $1,200 payment. This means married couples filing joint returns will receive$2,400 that make under $150,000.

The payment steadily declines for those who make more. Those earning more than $99,000, or $198,000 for joint filers, are not eligible. The thresholds are slightly different for those who file as a head of household.  Parents will also receive $500 for each qualifying child.

How will I get the Money?

Don’t worry, payments will be direct deposited in your bank account or mailed to you in a check. The IRS will use the information you gave them when you filed your 2019 taxes. They will only use your 2018 tax information if you have not filed for this year.  It’s important to remember that the IRS will use the following information from your return to distribute your payment:

• The bank account you gave the IRS for direct deposit of your refund
• The address where you got a refund check
• The address on your most recent tax return

Social Security beneficiaries will not be left out.  You will receive payments just like everyone else, but will not be required to file a tax return.  The IRS will use the information from Social Security to send you a payment. They will do this for senior citizens, Social Security recipients and railroad retirees who otherwise don’t file a tax return.

The IRS is working on a way for individuals to update their information on the internet so you can get a payment quicker. Check back at

www.irs.gov/coronavirus in the next weeks. Direct deposit means you get the payment faster than if they send you a paper check.  If your address has changed you can visit the IRS website for more information at: 

https://www.irs.gov/faqs/irs-procedures/address-changes.

Remember, we are all in this together and MCIL will keep you up to date on issues that impact your life.  Please stay home, stay healthy, and stay tuned for more information.

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.

Inspiration

In life we all have set-backs

 
By Timothy Redd

“You are an Inspiration!”

How many times has someone told you that? For me, it has been my whole life. How do you feel about it?

First, let me say inspiration porn shakes my soul and I find it offensive. Inspiration porn is when you see a person with disability doing something normal with a quote along the lines of “the only disability is a bad attitude,” or something similar. Let me say as a person with a disability sometimes my attitude is bad, and it has nothing to do with a disability but everything to do with be a human being.  We all have a bad day and I’m no exception.

When people tell me I am brave or courageous I don’t know how to take that. In my mind it’s a matter of sink or swim.  I get up every day and go to work like most people and I do what is needed to take care of myself. That is not being brave or courageous. It’s being an adult.

I mentioned earlier that people are always telling me how I am an inspiration to them, these days when it happens I ask the person “Why?”

I still get the occasional you are brave and courageous, but the majority of the time it’s actually because of something I am doing. Yesterday a random Facebook friend messaged me with those famous four word, “You are an inspiration.” Of course I asked why? 

“I have struggled with my weight,” He said, “and reading your posts and seeing your dedication and conviction really moves me…not only that but your courage and passion to speak on things that you think are wrong.”

I was surprised and talked to him more about weight loss. To be honest I had no idea I was inspiring him to take charge of his weight. He let me know he was changing his eating habits and was asking how did I jumpstart my weight loss.

At the beginning of the year after a physical my doctor informed me that my diabetes were progressing and that I would probably have to take insulin injections four times a day. Seeing for myself how diabetes has robbed people of their vision, relegated people to grueling rounds of dialysis three times week, and caused way too many amputations and more. I knew I did not want any of those things to be my story or more importantly I had to change. I developed some poor eating habits and I felt really crappy for just not taking care of myself.

I started reading about better nutrition and went on a low-carb high-protein diet in January and in February I linked up with a trainer. The first training day I felt like the fat guy who did not belong after seeing folks whose bodies looked like they’d been chiseled from rocks. Pushing past my reservations. I made it through my first workout, by the time I got home I was literally hugging the toilet purging out my lunch.

In my mind I thought “I can’t do this,” but I visualized my goal and with the vision I went the next day and the day after that. Slowly the weight started coming off and my glucose levels started decreasing as well. When I first started on the weight machines 30 lbs. was tough. Today, I can bench press 100 lbs.  I have Osteogenesis Imperfecta, brittle bones and in spite of it I have realized I am strong.

Today August 7, 2017 I have lost 30 pounds, I’m packing on muscle too, and the greatest accomplishment is that I no longer have to take insulin or metformin for my diabetes. While I am happy about my progress, I am not done so the work continues. This has been an amazing and hard journey. I would not trade it for nothing because it made me recognize my own strength.

I can tell you it starts with getting off the couch and pushing yourself and telling yourself that you can. I never set out on this venture to inspire anyone or even wanted to be an inspiration, my goal was to actualize the vision I have for my life and part of that is fitness. I just want to be great. I never want to be an inspiration on the merit of my disability because a disability does not define or stop my life, but if my journey inspires folks; I hope it inspires them to believe in themselves enough to smash their goals and love themselves enough to know that they matter and are absolutely worth it.

When it comes to speaking out about things I think that we all have a voice and when we see things that just are not right we have to speak out and resist. This past spring, I went on an action with ADAPT. For five days we protested and participated in civil disobedience with the demands to save our Medicaid. Being thrown in an activist group made me see the power of resistance and the importance of speaking up and speaking out.

One of my favorite shows is Luke Cage and the recurring mantra of the show is always forward. In life we all have set-backs, but you have to be pulled backwards in order to go forward and that is what inspires me to keep going. If I inspire people to start anew or decide to keep going, I’m perfectly glad to be a source of inspiration.

Special Needs Trusts

Information from the Arc of the Mid-South

By Christina Clift
On Thursday, August 3, 2017 I attended a workshop on Special Need Trusts at the Arc of the Mid-South.  The presenter was Deborah K. Brooks, a local lawyer and friend to the disability community. 

First, it is worth noting that the word “special” in Special Need Trust (SNT) does not refer to the person or their disability, but instead the word describes the needs that the trust will be used for.  In some states these trusts are called Supplemental Needs Trusts. 

The next thing to know about Special Needs Trusts is that the funds cannot be used to purchase food or pay rent or a mortgage.  Finally, funds that are withdrawn from the SNT are never payed directly to the person or beneficiary, but they are sent directly to the vender. This blog is not meant to be the holy bible of Special Needs Trusts, for that you would need to hire a lawyer.  The purpose is to hit the highlights.

A Special Needs Trust is used to set aside funds for future care.  This can include transportation, training, assistive technology, clothing, personal care, funeral and burial expenses, legal fees, financial management, and more.  However there are two areas that these funds are not allowed to be used for: purchasing food and paying for housing. The primary reason most people decide to establish a Special Needs Trust is to set money aside so that it is not considered as a countable asset when looking at applying for benefits such as Medicaid, food stamps or other means-based programs.  For example, if the person establishing a Special Need Trust receives SSI benefits of $750.00 a month, according to the federal government, the SSI benefits are to be used to pay for food and shelter.

“Parents with children 18 years of age or who are 3-months away from their 18th birthday, must gain either power of attorney or a conservatorship in order to keep making financial and health related decisions for their child,” said Deborah Brooks. “Otherwise, in today’s society, no one has to talk with you about your child.”  

The first type of Special Needs Trust (SNT) is called a first-party SNT.  This means that the money used to open the trust belongs to the individual it is being set up for.  This cannot be money that you have had lying around in a bank account for seven years, but must come from an immediate source of money such as an inheritance or settlement from a lawsuit.  In fact, you have only nine months from the date of receiving the funds to establish the SNT.  It is best when setting up a SNT, to use a corporate trustee rather than a family member due to the complicated nature of the laws governing SNT. 

“The laws controlling Special Needs Trusts are as tough as banking laws,” stated Ms. Brooks. 

Some of the items that could be purchased using a SNT include clothing, assistive technology, a vehicle, TV, or laptop.  But it cannot be used for dinner at your local steakhouse or a box of chocolates on Valentine’s Day. 

A first-party SNT can be established either to stand alone or in a pool.  A pool SNT combines hundreds of SNT with smaller monetary value into one large group to gain more from investments.

The next type of SNT is basically the same as a first-party SNT.  The main difference is the source of money that is used to establish it.  In a first-party SNT it is the individual’s funds that are used to start it. However, in a third-party SNT it is someone else’s money that is used to start the trust.  This could be money that a parent, grandparents, or friend sets aside.  Just as in a first-party SNT, the funds cannot be used for food or to pay for housing.  The funds are also sent directly to the vender or to reimburse someone for buying an allowable item.

For example, if the individual’s brother purchases a pair of needed Nike shoes for $150.00, a train ticket for $300.00, and pays rent for December for $500.00, he can only be reimbursed $450.00.  The $500.00 for rent is not reimbursable because it is not an allowable expense. 

What happens to money in Special Needs Trusts if the beneficiary dies?  In order for the state of Tennessee to recoup some of the cost of providing care, they attempt to recover some of the cost by ceasing any remaining assets once that person dies.  This includes a house or remaining funds in a SNT.  For most people, all of the money in the SNT is spent before they die.

The final type of trust is an ABLE account.  ABLE accounts were passed into law by Congress in 2015 and are quite similar to Special Needs Trusts.  However, ABLE accounts can be used to cover housing expenses.  They also are only used for people who were diagnosed with their disability before the age of 26.  They are set up through the Department of Revenue and can only have up to $100,000.00 balance.  If the balance exceeds $100,000.00 the beneficiary’s SSI benefit will be suspended not terminated until the balance is under $100,000.00. Contributions can be made by anyone and cannot exceed $14,000.00 a year.  If you are interested in learning more about ABLE accounts visit http://www.abletn.gov.

With a little bit of preplanning by families, Special Needs Trusts and ABLE accounts provide a mechanism to qualify for means-based services.  While they are not perfect, they enable people with disabilities to protect money that they otherwise would have to spend-down to qualify for services.  The most important thing to remember is to work with a lawyer when setting a SNT up.

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.

Disability Integration Act Introduced

Disability Integration Act (S. 910) Introduced, Kick-off event coming up soon

Senate Minority leader Sen. Chuck Schumer of New York has introduced the Disability Integration Act, Senate Bill 910 in this legislative session. Sen. Casey and Warren are original cosponsors of the bill that will have a more public kick-off sometime later this spring.

Twenty-five years after the signing of the Americans with Disabilities Act (ADA) of 1990, unwanted institutionalization remains a serious problem for people with disabilities and seniors. This issue was documented in the HELP Committee report: “Separate and Unequal: States Fail to Fulfill the Community Living Promise of the Americans with Disabilities Act”.

That report recommended that Congress amend the ADA to clarify and strengthen the law’s integration mandate in a manner that accelerates Olmstead implementation and clarifies that every individual who is eligible for LTSS under Medicaid has a federally protected right to a real choice in how they receive services and supports. The report and this recommendation were well received by the Disability Community.

Although the Disability Integration Act (S.2427) does NOT amend the ADA, the legislation, modeled on the ADA and the ADA Amendments Act, strengthens Olmstead’s integration mandate and creates federal civil rights law which addresses the civil rights issue that people with disabilities who are stuck in institutions cannot benefit from many of the rights established under the ADA.

Legislative Background
The Disability Integration Act builds on the 25 year campaign that ADAPT has done to end the institutional bias and provide seniors and people with disabilities an alternative to unwanted institutionalization. There have been a number of different incarnations of legislation intended to address Medicaid’s institutional bias, starting with the Medicaid Community Attendant Services Act.

Previous versions of legislation were required to do two things: create a Medicaid infrastructure that would meet the assistance needs of all individuals at the institutional level of care and mandate that states implement such a program. Consequently, previous versions of legislation were focused on Medicaid.

However, the Affordable Care Act included language that created the Community First Choice (CFC) Option. This language established a simple Medicaid State Plan option that pre-invests the savings associated with transition to home and community-based services into an incentive of an enhanced FMAP.



Current Environment
Although CFC was optional, it was believed that the six percent additional FMAP would result in states selecting the option and providing a real alternative to institutionalization. Unfortunately, only six states (California, Oregon, Maryland, Montana, New York and Texas) have implemented Community First Choice. Other states have indicated that they intend to implement CFC or have submitted a State Plan Amendment to CMS, but uptake of this option has been extremely limited. Some states – like Illinois – determined the state would actually generate excess long term revenue by implementing CFC, but still haven’t selected the option. It is possible for states to implement CFC, secure the extra federal funds, and continue to maintain policies that limit access to services or fail to provide a real alternative to institutionalization.

http://www.disabilityintegrationact.org/sen-chuck-schumer-on-disability-integration-act/

Expectations for 2017

The MCIL Planning Calendar

Here is what you can expect at MCIL next year. The planning committee has produced this planning calendar of all the things we plan to bring to you next year. This calendar may not have details at this time, but it will give you an idea of what we have planned. What ideas do you have? Write us or put your suggestion in the comments. Thanks everyone and thanks to Christina for the list. -Tim Wheat
 

January 2017

January 18, 2017
2PM How to ride MATAPlus - Tips from riders.

February 2017

February 8, 2017
Disability Day on the Hill  
February 17, 2017  
Volunteer Appreciation event, Staff to provide meal for volunteers.
Also in February:
Community forum on Couponing
       

March 2017    

March 3, 2017
POP Fish Fry from 11:00-7:00 PM
Also in March:
Managing your Attendant

April 2017   

Fair Housing for People with Disabilities
Community Forum on Art

May 2017   

Workshop on Visitability
MACCD Summit

June 2017

June 6-9, 2017   
Youth Leadership Academy       
June 12-23, 2017Bell (Braille Enrichment for Literacy and Learning) Academy 

July 2017

July 21, 2017   
Assistive Technology Fair (at Benjamin Hooks Central Library)
July 26, 2017:
ADA Celebration

August 2017   

Workshop on relationships and sex
Speed Dating

September 2017    

Transportation focusing on the fixed route

October 2017   

Deborah Cunningham Awards Fundraiser

November 2017

November 17, 2017   
POP Thanksgiving Potluck

December 2017

December 1, 2017       
Silent Auction

Low-cost Internet

MCIL is aware of one program to help eligible households get low-cost web service.

By Michael Heinrich
AT&T is offering low-cost wireline home Internet service to qualifying households:

• With at least one resident who participates in the U.S. Supplemental Nutrition Assistance Program (SNAP) and
• With an address in AT&T’s 21-state service area, at which we offer wireline home Internet service, and
• Without outstanding debt for AT&T fixed Internet service within the last six months or outstanding debt incurred under this program.

Find out more at https://www.att.com/shop/internet/access/#/ 

If you qualify, you will pay either $5 or $10 per month (depending on the speed available at your residence). The offer includes: 

• No commitment, 
• No deposit, 
• No installation fee, 
• In-home Wi-Fi gateway and access to the entire national AT&T Wi-Fi Hot Spot network, 
• No equipment rental.

If the residence already has AT&T internet, you can still get the lower rate by switching to this program.

It appears that this offer is real. One friend of MCIL who met the qualifications and already had AT&T internet service made the switch and not only got cost savings but also a faster internet connection at the same time. Another friend of MCIL who did not have internet service at all signed up for the program. She verified that there was no charge for the installation and equipment and now has internet service in her home.

Access to the movies

USDOJ finalizes rules for theaters and captioning

By Tim Wheat
Earlier this week, Attorney General Loretta Lynch signed a final rule related to closed movie captioning and audio description that will enable people with hearing and vision disabilities to have access to movies. The new rule revises the Justice Department's Americans with Disabilities Act (ADA) Title III regulation to further clarify a public accommodations obligation to provide appropriate auxiliary aids and services for people with disabilities.

The Final Rule requires movie theaters to: (1) have and maintain the equipment necessary to provide closed movie captioning and audio description at a movie patron’s seat whenever showing a digital movie produced, distributed, or otherwise made available with these features; (2) provide notice to the public about the availability of these features; and (3) ensure that theater staff is available to assist patrons with the equipment before, during, and after the showing of a movie with these features.

The rule does not require all theaters to provide captioning. Only certain movie theaters that contain one or more auditoriums that are used primarily for the purpose of showing movies to the public for a fee. The specific requirements of this rule, however, do not apply to any movie theater that shows only analog movies in all of its auditoriums. IMAX produced movies are typically “analog” and do not have description or caption tracks. Additionally, drive-in theaters are excluded in the definition.

Title III of the ADA requires public accommodations, including movie theaters, to provide effective communication through the use of auxiliary aids and services.  This rulemaking specifies requirements that movie theaters must meet to satisfy their effective communication obligations to people with hearing and vision disabilities unless compliance results in an undue burden or a fundamental alteration. A single auditorium should have 4 captioning devices and a multiplex should have increasingly more so that a sixteen screen theater would have at least a dozen captioning devices. Description devices are less frequent. One description device for a single screen and at least eight for a 16 screen multiplex.

An advance copy of the final rule, as well as an FAQ on the rule, are available on the Department's ADA website. The Department intends to publish the final rule in the Federal Register in the near future, and the final rule will take effect 45 days after publication. For more information about this rule, please visit the Department's ADA website (www.ada.gov) or call the ADA Information Line: Voice: 1-800-514-0301; TTY: 1-800-514-3083.

Look Both Ways

Pedestrian dangers for people who use wheelchairs

By Tim Redd

It should come as no surprise to learn that pedestrians are being hit at an alarming rate by motorists here in Memphis. This morning, the top story on FOX13 Memphis, was a person that was struck by car on Mud Island, bringing total of pedestrians hit by cars to 7 in the last 24 hours. 

Here are few of the news stories being reported:

• A car hit a child who was leaving a church festival on Halloween night, according to Memphis Police Department. The child was taken to Le Bonheur Children’s Hospital in critical condition after being hit on South Parkway near Bloomfield Baptist Church.   
• A pedestrian was struck and killed On I-40 eastbound at Hollywood. Police spokesman Louis Brownlee said a pedestrian was pronounced dead on the scene after being hit by a truck.
• On October 31st, three people were reportedly hit by a car in front of the Memphis Funeral Home on Germantown Parkway.

Here in midtown, wheelchair users are out daily breezing up and down the streets in bike lanes. Unfortunately we have been affected by this growing issue too. On October 3rd a bent bumper and a mangled wheelchair were visible at the scene where a man using the wheelchair was hit by a car at Windover Road and Highland Street. The man was taken to the hospital in critical condition. 

"We do have an uptick in pedestrian crashes," Memphis Police Department Lieutenant Colonel Eddie Bass said. "We don't know what's bringing all this about. We're asking drivers to use additional caution when they are driving."

In May, a 39-year-old woman was arrested after police said her car hit and killed a man in a wheelchair Sunday night on E.H. Crump Boulevard near Danny Thomas.

The National Complete Streets Coalition in 2014 ranked Memphis as the nation's fifth-most-dangerous place for pedestrians, trailing only the Orlando, Tampa-St. Petersburg, Jacksonville and Miami, Florida metro areas. Last year, more than 360 pedestrians were hit by cars in sometimes deadly accidents. Drivers are not paying attention and many pedestrians are not using crosswalks.  Here are some safety tips to keep you safe.

Be Safe and Be Seen: Make yourself visible to drivers:

• Wear bright and light colored clothing and reflective materials.
• Carry a flashlight when walking at night.
• Cross the street in a well-lit area at night.
• Stand clear of buses, hedges, parked cars, or other obstacles before crossing so drivers can see you.

Be smart and alert: Avoid dangerous behaviors:

• Always walk on the sidewalk. If there is no sidewalk, walk facing traffic.
• Stay sober; walking while impaired increases your chance of being struck.
• Don't assume vehicles will stop. Make eye contact with drivers, don't just look at the vehicle. If a driver is on a cell phone, he or she may not be paying enough attention to drive safely.
• Don't rely solely on pedestrian signals. Look before you cross the road.

Be Careful at Crossings: Look before you step:

• Cross streets at marked crosswalks or intersections, if possible.
• Obey traffic signals such as WALK and DON'T WALK signs.
• Look left, right, and left again before crossing a street.
• Watch for turning vehicles. Make sure the driver sees you and will stop for you.
• Look across ALL lanes you must cross and visually clear each lane before proceeding. Even if one motorist stops, do not presume drivers in other lanes can see you and will stop for you.
• Don't wear headphones or talk on a cell phone while crossing.

My First Visit to MCIL

MCIL is a unique environment with great people

By Douglass Hall
My name is Douglass Hall and I am going into my tenth year of being diagnosed as legally blind. At age 60, needless to say the last ten years has been nothing short of a real game changer. I was forced to leave a job and profession that I truly loved – Information Technology.

For my first eighteen months I wandered aimlessly stuck between denial and anger with the world. By happenstance I was at the Southern College of Optometry for an eye examination and was told about an agency located nearby that offered braille training. I decided why not go and check them out since I was already in the neighborhood.

My first visit was very memorable and continues to be one of my laughable moments since I started this journey. I entered the Memphis Center for Independent Living and a gentleman was sitting behind the front reception desk. I must have been standing there right in front of him for a good 45 seconds. He did not acknowledge me, yet answered the phone several times with me standing there in front of him. 

Underneath my breath I mused “what in the heck kind of organization is this? Was this the kind of service and respect I was going to face from here on out?”

Just as I was getting ready to let go with the massive attitude, someone else came in and the gentleman behind the desk asked: ”Can I help you?” Looking him directly in the face it became immediately obvious that he was responding to the sound of the automatic door opening. Boy, did I ever feel stupid, I then realized he was blind and could not see me.

Also, in that very same visit I had the opportunity to meet a very special person named Christina, an Independent Living Specialist.  I was impressed with her sense of personal connection. She was very friendly and helpful. Not by words, but example she has inspired me to re-think my attitude about what it means to live with blindness. She is an ocean of information, always willing to share her knowledge with others, and give the best example of what it means to be an advocate. 
Thanks to her and many others I have been able to start my own assistive technology training company with the dream of hiring as many blind persons as possible.

Ask Rep. Cohen to support Disability Rights

The Disability Integration Act has been introduced in the House

By Allison Donald
Organizations within the disability rights movement have been working diligently to build a coalition in support of the Disability Integration Act.  As a result of that hard work the DIA was introduced into the house in July by Republican Congressman Christopher P. Gipson (NY).  This is an important victory because, as people with disabilities we realize how much of a pain staking process it can be to access long term supports and services in our respective communities.  

I accompanied the staff of The Arc of the Mid-South to speak with Congressman Steve Cohen (TN).  We were met with warm smiles and good intentions from our US House representative who is not currently a co-sponsor of the DIA.  Rep. Cohen and his assistant, Mr. Henry listened intently and took notes.  Each person spoke about the lack of affordable accessible integrated housing, subpar paratransit, lack of employment opportunities, and being stuck on waiting list for years.  After listening to the conversation for about 20 minutes Congressman Cohen said:

“I had not been made aware of any legislation that could improve the quality of life for people with disabilities.”

When he made that statement I found an opening to introduce him to the Disability Integration Act (DIA).  He made note of the bill number (HR 5689) and seemed enthusiastic about the bill as all politicians do when they are sitting in the room with their constituents.  I didn’t want to sound like a lobbyist, but I did impress upon him the importance of him acting on behalf of the people in his district that have disabilities and depend on those services so they can live as they choose.

Rep. Cohen is a person with a disability.  He has firsthand knowledge of what it is like, because the Congressman had polio.

As we were leaving the meeting, Congressman Cohen mentioned to one of the staff members of the Arc of the Mid-South that when he was younger he “suffered from polio.”  He continued to say that’s why he has taught his staff to take pictures on a two count instead of three, because he can’t stand that long.

I thought it was pretty harmless until he said: “I do have a brace that I try not to wear at times, because I don’t want to be seen as a person with a disability.”  

I wanted to tell the Congressman that most people cannot take off their disability as if it were an article of clothing.  Tennesseans don’t need empathy we demand action. We asked Rep. Cohen to support the DIA because his constituents demand to participate in the community and not be segregated in expensive institutions. Please support the DIA and ask Rep. Cohen to become a co-sponsor.

Olmstead Decision 17 years ago today

Olmstead Litigators Issue Statements of Support for Disability Integration Act (S.2427)

On the 17th anniversary of the Olmstead decision, two legendary Olmstead litigators have released the following statements in support for the Disability Integration Act. 

Statement from Sue Jamieson, J.D.

As lead council for Lois Curtis and Elaine Wilson in the Olmstead v. L.C., 527 U.S. 581 (1999), l have seen the remarkable opportunity that the right to integrated services provided them. The landmark decision of the United States Supreme Court established that that people with disabilities have a qualified right to receive state funded supports and services in the community. The Olmstead decision is one of the most important civil rights cases for people with disabilities, and is perhaps the clearest statement currently written in law of the right of people with disabilities to live in the community.

As we mark the seventeenth anniversary of that decision, however, we also must recognize that the promise of Olmstead, the promise of community integration, has not been realized for millions of people with disabilities in the United States. Public entities and managed care organizations still limit access to community-based services, and individuals with disabilities – unable to get the community-based services and supports they need – are forced into unwanted institutional placements in nursing facilities, state institutions and other segregated settings. To address this injustice, I support the passage of the Disability Integration Act (DIA-S.2427), a bill establishing, for the first time in Federal statute, that people with disabilities have a civil right to live and receive services in the community, rather than being segregated in institutional settings.

The Disability Integration Act secures in statute the right articulated in Olmstead in a way that will ensure that as many people with disabilities as possible are able to live in freedom. This bill calls for long-overdue changes to services and supports which can empower people with disabilities to participate more fully in our society, but which right now often have the effect of isolating and disempowering people with disabilities. I support the intention and language of DIA and strongly encourage Congress to pass this legislation, which is an important advance in the civil rights of people with disabilities. I also call on advocates in the Disability Community to commemorate this important anniversary by reaching out to your elected officials and candidates to secure their support for this bill.

Statement from Steve Gold, J.D.

On June 22, 1999, the Supreme Court held in Olmstead held that “unnecessary isolation is properly regarded as discrimination based on disability.” In this decision, the Court upheld the Americans with Disabilities Act’s regulation that “[a] public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.”

As we mark the seventeenth anniversary of the Supreme Court’s decision in Olmstead v. L.C., it is important to remember that today people with disabilities remain segregated and locked away in nursing facilities and other institutional settings because states and managed care companies restrict access to community-based services. That’s why I support the passage of the Disability Integration Act (S.2427), legislation that would clearly establish in Federal law that disabled people have the right, and the real opportunity, to receive services in the community, rather than being segregated in institutional settings.

The Disability Integration Act would finally unite those of us in the community with all of our disabled brothers and sisters who have been left behind in segregated settings all these years. I am adding my voice to those of my sisters and brothers in ADAPT and the broader Disability Rights Movement to call on Congress to pass this legislation because our people have been locked away for far too long and it is time that we recognize that it is a civil right for all Americans to live in the community. I also call on advocates throughout the Disability Community to contact your elected officials and candidates for office to secure their support for this important legislation.

It’s time that the United States finally assure that Americans with disabilities are afforded their right to Liberty as guaranteed to them under the Declaration of Independence and Constitution.

It’s time to FREE OUR PEOPLE! The Disability Odyssey continues.

Beyond Olmstead : How the Disability Integration Act Advances the Right to Community Integration

The Disability Integration Act would make significant strides in advancing the issue of community integration of people with disabilities beyond existing law.  These include:

1.  creating a direct and clear statutory requirement for community integration;

2.  adding MCOs as directly covered entities;

3.  establishing a stronger definition of “community-based;"

4.  reducing the threshold of protection from "at serious risk of institutionalization" to "at risk of institutionalization;"

5.  eliminating the treating professional role in determining whether community integration is appropriate for the individual;

6.  establishing specific prohibitions addressing systemic discrimination which is not only permissible under current law, but rampant across the country (waiting lists, restrictive eligibility criteria, service gaps, cost caps, and inadequate rates);

7.  requiring public entities to address the need for affordable, accessible, integrated housing that is independent of service delivery;

8.  eliminating the fundamental alteration defense so that public entities will be required to modify their programs to assure that people with disabilities can receive LTSS in the community and can lead an independent life;

9.  requiring public entities and MCOs to engage in a self-evaluation that has substantial public participation;

10.  requiring public entities to develop and implement a transition plan with milestones or benchmarks;

11.  establishing a process to assess compliance with the milestones and reward states that meet their deadlines; and

12.  establishing the ability to be awarded punitive damages.

Fair Housing Rights

Disabilities and Reasonable Accommodations

Free Housing seminar at the Code Enforcement training room for landlords and tenants. 

May 20, 2016, 9:AM to Noon
6465 Mullins Station Road, Memphis, TN 38134

The seminar is designed to give you a brief detailed synopsis of the fair housing laws and what your rights are as a citizen. 

If you have questions or to RSVP you may call or email L. Mario Moton at 901-222-76141; levester.moton@shelbycountytn.gov; TTY 901-222-2301. Para mas informacion en Espanol, por favor llame al 901-222-4289

Presented by the Shelby County Department of Housing and Memphis Area Legal Services.

Overton Park Planning for Accessibility

Overton Park planning is not just about parking, MCIL demands access

By Tim Wheat

Most of the 250 people at the First Baptist Church on Broad Street were interested in Memphis Zoo parking and vehicle parking on the Overton Park Greensward. However; the company hired by the Overton Park Conservancy is also planning upgrades in accessibility to be part of the overall plan at Overton Park.


Steve Auterman, a senior associate at the architecture firm Looney, Ricks, Kiss pointed to an essential part of the framework for any changes in the park. Like complying with Code Enforcement, Auterman said that any solution also had a “duty of care to the public” who use the park. Part of this duty is compliance with the 1990 Americans with Disabilities Act.


“We have pushed off compliance to the ADA for a time in the Park,” Auterman said showing two slides with people using wheelchairs. “There are no accessible curb ramps. When I say the park must be accessible to everyone, I mean everyone.”


The balance of the public meeting was laying out parking solutions, but I felt it was clear that MCIL’s participation in the focus group and our request that inclusion of people with disabilities be a guiding principle for all renovations, and to remedy existing access issues in the park, was clearly heard by the planning group.


“This is not a park for all users,” said Steve Auterman said at the February 2 meeting at the Brooks Museum of Art.  “If you use a wheelchair there are areas you cannot go.”

MCIL is determined to follow this process and work to include you in our advocacy. Please let the Center know how you feel about access in Overton Park.

Planning for Overton Park Access

Public Planning Meeting also deals with Accessability
By Tim Wheat

Most people came to the Overton Park Planning public meeting Tuesday night at the Brooks Museum of Art concerning parking. The Memphis Center for Independent Living was part of the local focus groups and has suggested that the plan include access and accessible routs to all the Overton Park amenities. The MCIL statement asked that inclusion of people with disabilities be a guiding principle for all renovations, and to remedy existing access issues in the park.

“This is a beautiful thing,” said Tina Sullivan, the executive director of the Overton Park Conservancy who is a leading sponsor of the planning. “It means a lot of people are paying attention to this issue.”

The auditorium holds 250 people and the Brooks staff stood ready with umbrellas to assist people into the building. The Museum staff welcomed vistors and everyone was given a nice color print of the Overton Park map. Ms. Sullivan said that at least 50 people were turned away.  

The capacity crowd at the Brooks Museum of Art hissed as the facilitator showed Memphis Zoo patrons parked on the Overton Park Greensward, but the public meeting was cordial. Steve Auterman spent most of the time Tuesday night explaining that the planning group hired by Overton Park anchor organizations that they are only gathering information in this initial phase. The zoo is not helping to fund the planning process.

Mr. Auterman and Chuck Flink of Alta Planning did most of the presentation to the crowd. They made no judgements and responded to questions written on cards by a select few in the audience. Access was one of the issues they were aware of and even used the example of people who use power wheelchairs as they addressed access around the park.

“This is not a park for all users,” said Steve Auterman of Looney Ricks Kiss design firm; “if you use a wheelchair there are areas you cannot go.”

If you would like to give input please visit the Overton Park website and take the survey. The final three questions will give you an opportunity to make suggestions.

http://www.overtonpark.org/2016/01/28/parking-feedback-online-survey