Friday, August 21, 2020

Give Us the Ballot

 By Christina Clift

On Tuesday, November 3, 2020 Americans will once again have the opportunity to decide who will lead our country for the next four years by casting their vote.  No matter if you decide to step into a polling booth during early voting or on election day or vote by absentee ballot, you have the right to ensure that it can be done in secret and independently.  

In 1957, Dr. Martin Luther King Jr delivered his speech “Give Us the Ballot” at the Lincoln Memorial which advocated for giving African Americans the right to vote in the United States.  His speech is as relevant today as it was sixty-three years ago.  In recent years voter suppression has become more rampant through passage of voter identification laws, closing polling locations, and by continuing to deny people with disabilities the right to a fully accessible voting process.  

People with disabilities have the same right to cast their ballot independently and in secret, however barriers often prevent us from doing so.  During the August 6th election I visited my local polling location in Millington.  I signed in and notified the polling workers that I would require an audible ballot due to being blind.  They assured me that it would be handled.  Of course, I knew better since almost every time I go to vote it has never gone smoothly and I was not wrong this time.  

Once I inserted my card nobody started speaking in my headphones.  After working with the polling location judge for almost an hour, I still was not able to vote using an audio ballot.  So, I agreed to have sighted assistance.  Since my mother accompanied me to vote herself, she assisted me to cast my ballot.  Luckily, we voted for the same people.  

The polling location judge said, “I knew that you would be coming because you come every election and I made sure we were ready, but I wasn’t expecting it not to work.”

Being denied the right to cast my own ballot myself makes me feel that my vote isn’t important enough to ensure that polling workers receive adequate training on how to set up the machine or program the card.  Thankfully, I am stubborn enough to keep trying but many people aren’t.  They just decide not to vote.  Now more than ever you must vote like your life depends on it because given the COVID-19 pandemic it does.

"Give us the ballot and we will no longer have to worry the federal government about our basic rights ...Give us the ballot and we will no longer plead to the federal government for passage of affordable healthcare laws…...Give us the ballot and we will fill our legislative halls with men and women of good will ...Give us the ballot and we will place judges on the benches of our nation who will do justly and love mercy ...Give us the ballot and we will quietly and nonviolently, without rancor or bitterness, implement ...

Curtis Tillman adds to Martin Luther King Jr.’s speech “The Supreme Court’s Olmstead decision of June 22, 1999 and full implementation of the ADA.”

In a recent move the state of Tennessee provided an accessible method for blind individuals to cast their absentee ballot.  This was made possible by the efforts of advocates from Disability Rights of Tennessee, the National Federation of the Blind, and other advocacy organizations continuously demanding accessibility in voting.  

Now don’t get me wrong the process they put in place isn’t perfect, but it is a good first step.  Currently if you request an accessible absentee ballot, they will send it to you through email.  The ballot is a completable PDF document that blind individuals can fill out using their computer without assistance from anyone.  However, here is where it becomes inaccessible, you have to print and sign your ballot.  This requires sighted assistance.  As a result, your vote is no longer private and can’t be done independently.  It also leaves out people who do not have a computer or internet access.  

Accessibility must be ensured throughout all methods of voting.  Polling stations must be accessible to people who use mobility devices, machines need to be in working order and accessible to people who can not read regular print and adaptable for people who can not reach or touch the screen from a standing position, and absentee voting processes must be made accessible from requesting the ballot, to filling it out, signing it, and sending it back through the mail.  If one of these things are not accessible then voting is not a right that all Americans can exercise.  

Wouldn’t it be great if we could all cast our vote by dialing in and pushing a number for our candidates or to receive an absentee ballot we could do it online and sign it electronically?  Now I know that many people worry about voter fraud, but there has to be a simpler way for us all to vote while ensuring that it is secure from threats and fraud both within and outside our borders.

It will be up to all people with and without disabilities to demand that our government “give us the ballot” and to ensure that no matter who you are that it is an accessible process for all to participate in.  

“So, pack your dinner and maybe a breakfast because the wait might be long…but get out and vote” is a line from former First Lady Michelle Obama’s convention speech given on August 17, 2020.  

As for myself, I will once again return to my polling location and hopefully the promises made by my polling location judge will come true that I will be able to cast my vote in secret and independently in November.  

Just like Dr. Martin Luther King Jr. you can demand that the government “give us the ballot” by voting, so make sure that you are registered and know where you can go vote because now more than ever that right is not secure and can be taken away from those in power.  You can call the Shelby County Election Commission at (901) 222-1200 or by visiting govotetn.com.


Friday, July 3, 2020

Hospital Visitors

Good News on Hospital Visitor Policies!

Disabled people have been facing discriminatory “no visitor” policies in hospitals across the country. These policies are in place to keep people safe during the COVID-19 pandemic, but they have prevented people from receiving critical support and assistance from family members, friends, support workers, or others. Accommodations to these policies are required by law, but states and hospitals across the country have been refusing to make such accommodations and abide by the law.  
The first federal complaint (PDF) challenging these policies was filed in Connecticut by Independence Northwest: Center for Independent Living of Northwest CT, Disability Rights Connecticut, CommunicationFIRST, the Arc of Connecticut, Center for Public Representation, and the Arc of the US. Last week, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) announced a resolution
The resolution is a huge win, and while it is specific to Connecticut’s policies, its implications are nationwide! The resolution makes clear that no-visitor policies are a violation of federal law, and that the law requires states to modify policies and practices to ensure people can access the supports they need while hospitalized. As part of the resolution, Connecticut issued an executive order (PDF) which, among other things, established a policy requiring hospitals to permit entrance of a designated support person into hospitals and permitting family members or others to serve as a designated support person.  
This resolution sends an important message to other states that still have no-visitor policies in place that such policies are illegal and must be modified. And importantly, it affirms that disabled people are still entitled to reasonable accommodations during the COVID-19 pandemic.
Resources
  • Green Mountain Self Advocates and the Autistic Self Advocacy Network (ASAN) have produced a video and guide (PDF) called “Know Your Rights: People with Disabilities Can Have a Supporter in the Hospital during COVID-19”.
  • The Center for Public Representation has a web page dedicated to this issue, including advocacy tools, resources, and a list of which states currently provide exceptions to “no visitor” policies for disabled people. 

Wednesday, July 1, 2020

ADA does not exempt anyone from face mask requirements

June 30, 2020
The U.S. Department of Justice (DOJ)
Johnny Cash wears a MCIL face mask
Assistant Attorney General for the Civil Rights Division Eric Dreiband reiterated today that cards and other documents bearing the Department of Justice seal and claiming that individuals are exempt from face mask requirements are fraudulent.
Inaccurate flyers or other postings have been circulating on the web and via social media channels regarding the use of face masks and the Americans with Disabilities Act (ADA) due to the COVID-19 pandemic. Many of these notices included use of the Department of Justice seal and ADA phone number.
As the Department has stated in a previous alert, the Department did not issue and does not endorse them in any way. The public should not rely on the information contained in these postings.
The ADA does not provide a blanket exemption to people with disabilities from complying with legitimate safety requirements necessary for safe operations.
The public can visit ADA.gov or call the ADA Information Line at 800-514-0301 (voice) and 800-514-0383 (TTY) for more information.

Monday, June 29, 2020

USDOL Announces Online Tool to Help Workers

U.S. Department Of Labor Announces Online Tool to Help Workers Determine Eligibility for Paid Sick Leave Due to Coronavirus

June 25, 2020
Source: U.S. Department of Labor (DOL)
The U.S. Department of Labor today launched an interactive online tool to help workers determine if they qualify for paid sick leave or extended family and medical leave to cover time away from work for reasons related to the coronavirus.
The tool guides workers through a series of questions to help them determine if the paid leave provisions of the Families First Coronavirus Response Act (FFCRA) apply to their employer. If the provisions do apply, the tool helps them learn whether they qualify for either paid sick leave or extended family and medical leave under that law.
The FFCRA requires certain employers to provide employees with up to two weeks of paid sick leave if they are unable to work or telework due to a federal, state or local quarantine or stay-at-home order. Employees are also eligible if a healthcare provider has advised them to self-quarantine for reasons related to the coronavirus or are seeking diagnosis for coronavirus symptoms. Paid sick leave may also be available to workers caring for someone subject to a quarantine order or self-quarantining based on a healthcare provider’s advice, or caring for a child whose school, place of care or child care provider is closed or unavailable due to the coronavirus. Up to 10 additional weeks of expanded family and medical leave is available for workers forced to miss work to care for their children because the pandemic has closed or made unavailable their school, place of care or child care provider.
“This new tool makes it simple for workers to find out if they may be eligible for paid sick leave or extended family and medical leave under the critical protections of the Families First Coronavirus Response Act,” said Wage and Hour Division [WHD] Administrator Cheryl Stanton. “As America reopens, this leave provides a crucial lifeline for millions of workers who need time off to care for themselves or their families. We want to ensure that everyone who is eligible knows about these protections and how to use them.”
The FFCRA helps the U.S. combat the workplace effects of the coronavirus by giving tax credits to American businesses with fewer than 500 employees to reimburse them for the cost of providing paid sick leave and expanded family and medical leave as required by the law. Please visit WHD’s “Quick Benefits Tips” for information about how much leave workers may qualify to use and the wages employers must pay. The law enables employers to provide their workers with paid leave, while at the same time ensuring that workers are not forced to choose between their paychecks and the public health measures needed to combat the virus.
WHD continues to provide updated information on its website and through extensive outreach efforts to ensure that workers and employers have the information they need about the benefits and protections of this new law. The agency also provides additional information on common issues employers and employees face when responding to the coronavirus and its effects on wages and hours worked under the Fair Labor Standards Act and on job-protected leave under the Family and Medical Leave Act at https://www.dol.gov/agencies/whd/pandemic.
For more information about the laws enforced by the WHD, call 866-4US-WAGE, or visit www.dol.gov/agencies/whd.
WHD developed the plain-language tool in partnership with the Office of Compliance Initiatives (OCI). OCI is a cross-agency effort that complements the Department’s enforcement activities by strengthening and innovating compliance assistance outreach to provide workers and employers with access to information about their rights and responsibilities. Through Worker.gov and Employer.gov, OCI provides information about worker rights and employer responsibilities.
The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.