Ohio Legal Rights Service

Page created to track important information about DRO's class action lawsuit

Stacy Brannan — Fri, 01 Apr 2016 18:40:11 +0000

April 1, 2016

Disability Rights Ohio has created a page that includes important information related to our class action lawsuit filed on March 31, 2016, on behalf of people with developmental disabilities in Ohio.

The page will be updated as new information is released and new publications are created.

Disability Rights Ohio and Legal Partners Respond to State Officials Seeking to Dismiss Class Action Lawsuit on Behalf of Ohioans with Developmental Disabilities

Stacy Brannan — Thu, 28 Jul 2016 03:56:51 +0000

July 27, 2016

Today, Disability Rights Ohio (DRO) and its legal partners - the law firm of Sidley Austin, the Center for Public Representation (CPR), and attorney Sam Bagenstos - forcefully responded to recently filed motions to dismiss its class action lawsuit charging state officials with violating federal law by administering a service system that denies people with disabilities the right to live and work in the community.

The class action lawsuit, initiated by Ohioans with intellectual and developmental disabilities, was filed in the United States District Court for the Southern District of Ohio on March 31, 2016, against Governor John Kasich and the Directors of the Ohio Departments of Medicaid, Developmental Disabilities, and Opportunities for Ohioans with Disabilities. It asserts that Ohio is in violation of the Americans with Disabilities Act and the Supreme Court ruling in Olmstead v. L.C., which says that people with disabilities have the right to live, work and spend their days in a community integrated environment.

The plaintiffs' response, filed by DRO and legal partners, highlights the systemic flaws of the current service system and the importance of this case to thousands of Ohioans who want the opportunity to live, work and spend their days in the community.

For years, Ohio has relied too much on institutions to provide services to individuals with intellectual and developmental disabilities. Indeed, state officials acknowledge that Ohio's Intermediate Care Facility "footprint is one of the largest in the United States." More than 6,000 individuals with intellectual and developmental disabilities are institutionalized in facilities with eight or more beds across the state. Similarly, the state has channeled people with disabilities into segregated facilities, such as sheltered workshops, for employment and equally segregated facilities for day programs. This has resulted in a lack of opportunity for thousands of individuals who want to live, work or spend their days in integrated, community settings, but need home and community-based supports to do so.

As a result, families are overwhelmed and struggling to support their loved ones because the system is failing them.

"I have been requesting integrated community-based services for Nathan ever since he became an adult, but I have repeatedly been told that our only option was to place Nathan on a waiting list, which he's been on now for four years," said Jeannine Narowitz, mother of class member Nathan Narowitz. "Nathan is an outgoing and charismatic young man who wants to work in his community, and be engaged in relationships with his peers. But until the state commits to fixing the problems in the system, I'm afraid Nathan will not realize his full potential."

Only after DRO and its partners sent a demand letter to State officials seeking changes did the State make any new investments in home and community-based services to address this illegally segregated service system. But progress has been slow. A recent report showed that only five people have been enrolled in the expanded home and community-based waivers that the Department of Developmental Disabilities recently offered in its most recent budget.

In spite of the urgency of these problems, the response of state officials to date has been to raise a series of procedural arguments that challenge the court's authority to hear the case and to have the case dismissed without a trial. For example, they argue that a case that ended in 2009 prevents this new group of individuals, with new concerns and violations, from filing a new case. Or that the Governor, who is chief executive of the state and makes all final decisions related to funding and policy for the state, doesn't have any accountability for any of the decisions leading to the illegal segregation of thousands of Ohioans.

"Although the state has refused to recognize the importance of the issues raised by the plaintiffs, Disability Rights Ohio and our partners will continue to advocate forcefully for our clients' rights," said Michael Kirkman, executive director of Disability Rights Ohio. "Our response today provides specific information and individualized examples of Ohio's discriminatory system, and will leave no doubt that this case must move forward."

For more information about this case, visit our website.

Legislative Update on H.R. 3765, the ADA Education and Reform Act of 2015

Stacy Brannan — Wed, 06 Jul 2016 17:24:05 +0000

July 6, 2016

What you need to know:

The U.S. House of Representatives, Judiciary Committee will soon be reviewing and voting on H.R. 3765, controversial legislation that would make significant changes to the Americans with Disabilities Act (ADA).
H.R. 3765 would make it more difficult for people with disabilities to file lawsuits when someone violates the ADA.
The bill would require a detailed and lengthy notification process that people with disabilities would have to follow before filing a lawsuit and obtaining compliance with the law.
H.R. 3765 would create barriers to the civil rights for persons with disabilities that do not exist in other civil rights laws, which would limit the power of the ADA and reduce compliance with the law.
The bill would also require federal officials to do more education and training about accessibility and public accommodations, as well as promote alternative dispute resolution methods (ways to come to an agreement without going to court) to resolve accessibility law suits.
Nearly 26 years after enactment of the ADA, there are still organizations, businesses, and companies who have yet to comply with this important civil rights law – now is not the time to add more barriers to access for persons with disabilities.

What other organizations are saying about H.R. 3765:

Paralyzed Veterans of America

Leadership Conference on Civil and Human Rights

Consortium of Citizens with Disabilities

For more information

If you are interested in learning more about this legislation or if you want to express your views directly to your federal representative you can contact them by going here:

http://www.house.gov/representatives/find/

Keywords:

HR 3765

ADA

barriers

DRO, DD Council, SIL release new transportation survey

Stacy Brannan — Tue, 14 Jun 2016 19:52:11 +0000

June 14, 2016

Disability Rights Ohio, The Ohio Developmental Disabilities Council and Services for Independent Living have released a survey to seek input from people with disabilities about transportation.

The partner organizations are working together with the Ohio State Government Resource Center to gather information from people with disabilities, family members, service providers, and other advocates about transportation access and services. The results of the survey will provide meaningful insight and reliable data concerning the barriers and opportunities to creating an affordable, accessible transportation system for all people in Ohio.

As Ohio takes other measures to ensure that individuals with disabilities are able to live in the community and access integrated employment opportunities, it is important to examine our transportation system and ensure that we have the resources needed to fulfill increased demand for service and accessibility.

This survey is an important step in making sure that we have accurate and appropriate information concerning the transportation needs of people with disabilities.

People with disabilities, their family members, service providers, and other advocates can complete the survey online until July 13. If you have any questions about this survey before or after you complete it, or encounter any technical problems, please contact Colin Odden at colin.odden@osumc.edu or 614-685-9357.

DRO to hold education rights training June 23 for Youngstown parents of students with disabilities

Stacy Brannan — Tue, 14 Jun 2016 16:04:13 +0000

June 14, 2016

Disability Rights Ohio, in collaboration with the NAACP Youngstown Branch, will hold a training session for parents of students with disabilities in the Youngstown City Schools from 10 a.m. to 2 p.m. Thursday, June 23, 2016, at the NAACP Youngstown Branch office, 1350, Fifth Ave., Suite 202, Rose Room. Lunch will be provided. The interactive workshop will teach parents and guardians about the rights of students with disabilities to a free and appropriate public education. They will learn what schools must do for students with disabilities and how to exercize their rights when schools fail to do what is required.

Each participant will:

Get information on what schools should provide
Understand the legal rights of students with disabilities
Learn strategies to stand up for their student's rights to receive the services they need
Find out how to resolve conflicts about special education services

You must register to attend.

Please call Disability Rights Ohio at 800-282-9181, ext. 260, by close of business on Tuesday, June 21. If you require special accommodations, modified materials or have special dietary needs or restrictions, please detail those when you register.

Download the flier for this event

Disability Rights Ohio and ACLU Propose Sweeping Reforms to Solitary Confinement

Stacy Brannan — Wed, 25 May 2016 16:00:20 +0000

May 25, 2016

Today Disability Rights Ohio and the ACLU of Ohio issued a report urging extensive reforms to the use of solitary confinement in Ohio's prisons, especially for individuals with mental illness. The report, Shining a Light on Solitary Confinement: Why Ohio Needs Reform, calls for a series of reforms, including decreasing the time people spend in solitary confinement, increasing programming and out-of-cell time, improved data collection, and stronger legislative oversight.

Despite the overwhelming evidence that solitary confinement is damaging to a person's mental health and serves no rehabilitative function, Ohio prisons continue to use it. Even though the state has undertaken efforts to reduce the number of people in solitary confinement and provide more out of cell time, more than 2,400 people -including over 500 people with mental illness - are still spending 23 hours each day in a cell the size of a parking space.

"Solitary confinement costs two to three times as much taxpayer money, but does not make prisons or our communities safer," said Adrienne Gavula, regional director for the ACLU of Ohio. "Ninety-five percent of people in prison will one day be released, so we have an obligation to return people rehabilitated. There is nothing rehabilitative about solitary confinement," continued Gavula.

"Putting people in isolation is devastating and makes recovery next to impossible," said Kristen Henry, staff attorney with Disability Rights Ohio. "Psychological damage can occur in just a few days, but hundreds of individuals in Ohio are in solitary for months or years. It is time for Ohio to respond to the overwhelming evidence that solitary confinement is unsafe and ineffective and implement reforms to make the state a national leader," said Henry.

Read the full report at acluohio.org/solitary.

Hear the stories of people experiencing solitary confinement in Ohio at acluohio.org/solitary-videos.

Keywords:

Statement from Michael Kirkman, Executive Director, Disability Rights Ohio on the amendment to House Bill 547 to 'redefine' The Correctional Institution Inspection Committee

Stacy Brannan — Wed, 25 May 2016 15:38:40 +0000

May 25, 2016

Download the PDF of this statement

As Ohio’s designated system to protect and advocate for the rights of Ohioans with disabilities, we are deeply concerned about an amendment that was added to House Bill 547 that would significantly limit the effectiveness of the Correctional Institution Inspection Committee (CIIC). Disability Rights Ohio urges the Ohio General Assembly to reject this amendment.

CIIC provides critical services that protect the safety and well-being of incarcerated Ohioans; one in five of whom are Ohioans with a mental illness. Indeed, Ohio’s prisons hold 10 times as many people with a mental illness as Ohio’s psychiatric hospitals. Unfortunately, Ohio’s prison system is a critical piece of the mental health care system.

CIIC is responsible for inspections of adult and youth facilities, holding oversight hearings for legislators that provide critical information, and producing reports and performing research to keep the public aware of current issues and positive reforms within the prison system.

The inspections performed by the CIIC review many aspects of the operations of the prisons. In addition to examining prison conditions, including the provision of health care, mental health treatment, and addiction services, the reviews also examine fiscal accountability, staff management, and other measures that ensure that taxpayer dollars are appropriately spent.

The last-minute amendment to House Bill 547 would make substantial changes that would impair the ability of CIIC to continue to assist in the state’s efforts to ensure a safe and humane correctional system, especially for individuals with mental illness.

As Ohio makes other critical policy decisions to improve our mental health and addiction services system, it is critical that there remains a non-partisan, independent committee that is able to perform inspections and provide unbiased data to Ohio’s policy makers on critical issues in the prison system.

Accordingly, we strongly urge the Ohio General Assembly to reject this flawed amendment and continue to support positive reforms to Ohio’s prison system.

To contact your state legislators and urge them to remove the amendment:

Find your Ohio State Representative (bottom left corner of the screen)
Find your Ohio State Senator (bottom left corner of the screen)

Keywords:

prison

CIIC

Correctional Institution Inspection Committee

New fact sheet addresses timing questions for DRO's class action lawsuit

Stacy Brannan — Tue, 10 May 2016 19:19:14 +0000

May 10, 2016

DRO has received many questions since March 31, when we and our partners filed a class action lawsuit against the state of Ohio over its illegal service system for people with developmental disabilities in Ohio. Our first fact sheet laid out basic background information and our goals for filing the suit. Now a second fact sheet attempts to answer why we felt it was critical to file the lawsuit now and the problems with the state's recent $286 million investment to create new waivers.

If you have additional questions or concerns, contact us at 1-800-282-9181 (TTY 800-858-3542). Press 2 for our intake line. Our intake department is open from 9 a.m. to noon and 1 to 4 p.m. weekdays, but you can leave a message 24 hours a day and someone will return your call during business hours.

Keywords:

developmental disabilities

class action

community integration

DRO releases new publication on civil commitment

Stacy Brannan — Fri, 29 Apr 2016 17:32:32 +0000

April 29, 2016

Disability Rights Ohio has developed a new publication that outlines your rights during the civil commitment process. Civil commitment is a legal process for a probate court to order a person into treatment for their mental illness. It is sometimes called "court-ordered treatment," "involuntary commitment," or even "being probated."

Read the new booklet here: Civil Commitment: Understanding Your Rights

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House Concurrent Resolution 32: What you need to know

Stacy Brannan — Wed, 13 Apr 2016 15:12:08 +0000

April 13, 2016

House Concurrent Resolution 32 is not a bill that would make changes in Ohio law; Rather, if passed, the Ohio General Assembly would call upon the United States Congress to take action and pass a federal law;

HCR 32 would ask the United States Congress to pass a bill called H.R. 3765, the ADA Education and Reform Act of 2015;

H.R. 3765 would make it more difficult for people with disabilities to file law suits when someone violates the Americans with Disabilities Act;

The bill would require a detailed and lengthy notification process that people with disabilities would have to follow before filing a lawsuit;

If people with disabilities do not follow the notification process, they could be punished with a criminal fine;

The bill would also require federal officials to do more education and training about accessibility and public accommodations; as well as promote alternative dispute resolution methods (ways to come to an agreement without going to court) to resolve accessibility law suits.

The bill has had two hearings in the Ohio House State Government Committee

Keywords:

Americans with Disabilities Act

HCR 32

accessibility

DRO to provide education rights training, advocacy support for Youngstown parents of students with disabilities

Stacy Brannan — Wed, 06 Apr 2016 15:05:34 +0000

April 6, 2016

Disability Rights Ohio, in collaboration with the NAACP Youngstown Branch, will hold a training session for parents of students with disabilities who attend East High School from 10 a.m. to 2 p.m. Wednesday, April 27 at the Main Library, 305 Wick Ave, Youngstown, OH 44503. Lunch will be provided. The training will help parents to understand the law, their rights and develop additional advocacy skills as the Ohio Department of Education (ODE) conducts an investigation into alleged rights violations at East High School.

"The NAACP Youngstown Branch noticed that 31% of students at East High School have disabilities," says Disability Rights Ohio Senior Attorney Kristin Hildebrant. "In contrast, Youngstown Early College High School, located just a mile away, has 0%. We support the NAACP's efforts to notify ODE about this discrepancy and will be providing technical assistance as the matter moves forward."

"Disability Rights Ohio's willingness to assist our students and their families will help us ensure that their civil and educational rights are protected," says Jimma McWilson, NAACP Vice President. "This will add to the NAACP Youngstown Branch's commitment to support and empower our families so that they can hold the District accountable for delivering the quality of services and care the students deserve."

To register, parents should contact Disability Rights Ohio at 800-282-9181and dial option 2 for intake by close of business on Monday, April 25. The intake department is open from 9 a.m. to noon and 1 to 4 p.m. weekdays, though you can leave a message and we will return your call during business hours. Please tell us about any accommodations requests or dietary restrictions you have when you register.

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DRO and Partners File Class Action Lawsuit On Behalf of Ohioans with Developmental Disabilities

Stacy Brannan — Thu, 31 Mar 2016 13:47:21 +0000

March 31, 2016

Today, Disability Rights Ohio (DRO), the law firm of Sidley Austin, the Center for Public Representation (CPR), and attorney Sam Bagenstos filed a class action lawsuit against the state of Ohio, including the Ohio Department of Developmental Disabilities, the Ohio Department of Medicaid, and Opportunities for Ohioans with Disabilities. The suit, filed in the United States District Court for the Southern District of Ohio and initiated on behalf of individuals with developmental disabilities who are trapped in institutions or are at risk of institutionalization because of Ohio's illegal service system, asserts that the state is in violation of the Americans with Disabilities Act and the Supreme Court ruling in Olmstead v. L.C. Six named plaintiffs, as well as The Ability Center of Greater Toledo, will represent the class in the suit.

People with developmental disabilities have the right to live, work and pursue activities in their communities with the appropriate supports they need to be successful. Currently, state funding is provided for anyone to go into an institution, but state funding for community options is very limited. This often forces individuals to accept institutionalization as their only option. This lawsuit demands that these barriers be removed so that real options are available for community supports for all individuals with developmental disabilities and their families.

"Statewide, there are about 5,800 people with intellectual and developmental disabilities currently segregated in large intermediate care facilities (ICFs), and over 40,000 people are on waiting lists for waiver services that would allow them to have appropriate supports in the community," says Michael Kirkman, Executive Director of DRO. "Of those, 22,000 individuals are at serious risk of institutionalization. Historically, these waiting lists are long and excruciatingly slow moving. As of 2013, the median wait time for people in ICFs to access home and community-based services exceeded 13 years. It is time to change the system and offer real community options that fit the individual needs of every person."

"State officials acknowledge the need to rebalance the developmental disabilities system, but nonetheless continue to rely on segregated residential, employment and day services," says Cathy Costanzo, Executive Director of the Center for Public Representation. "As a result, class members experience segregation in the places they live, work and spend their days, in violation of federal law."

Tim Harrington, Executive Director of The Ability Center, states, "Ohio has invested for too long in segregated, institutional options instead of community opportunities. Ohio needs to give real options to people with developmental disabilities and their families so that they can live in the community with the care that they need, find jobs in the community with the help that they need, and pursue activities in the community with the support that they need."

"For 150 years, Sidley has been committed to its community and actively providing pro bono legal services to non-profit organizations, such as DRO, CPR and The Ability Center," said Neil Ellis, partner at Sidley Austin LLP. "We are extremely proud of our involvement in this case, which sheds light on the need for the state of Ohio to do more to implement the Supreme Court's Olmstead decision and to provide community options to people with developmental disabilities. This is an important step towards enabling them to live meaningful and productive lives as fully integrated members of their communities."

Read our related fact sheet.

Tweet This: .@DisabilityRtsOH files lawsuit, demands Ohio end segregation, provide community options for individuals with developmental disabilities.

###

Disability Rights Ohio is the federally and state designated Protection and Advocacy System and Client Assistance Program for the State of Ohio. The mission of Disability Rights Ohio is to advocate for the human, civil and legal rights of people with disabilities in Ohio. Disability Rights Ohio provides legal advocacy and rights protection to a wide range of people with disabilities. www.disabilityrightsohio.org

The Center for Public Representation is a non-profit, public interest law firm that seeks to improve the quality of life for individuals with disabilities - especially those who are institutionalized and discriminated against - and to enforce their legal rights to exercise choice and self-determination in all aspects of their lives. www.centerforpublicrep.org

The Ability Center of Greater Toledo is a non-profit Center for Independent Living (CIL) serving northwest Ohio. The Center is located in Sylvania, Ohio, and has two satellite offices in Bryan and Port Clinton, Ohio. The Ability Center believes in and supports equitable and inclusive communities for people living with disabilities. The mission of The Ability Center is to assist people with disabilities to live, work and socialize within a fully accessible community. www.abilitycenter.org

About Sidley Austin LLP: With 1,900 lawyers in 19 offices worldwide, Sidley has built a reputation as a premier legal adviser for global businesses and financial institutions. As global citizens, the firm also recognizes its profound responsibility to use its skills and experience to provide legal services to the underserved and disadvantaged individuals and organizations. Sidley's lawyers and staff devote more than 100,000 hours to pro bono projects annually and play a vital role in people's lives throughout the world, including through death penalty appeals, political asylum matters, civil rights litigation and veterans' benefits appeals. www.sidley.com

Keywords:

community integration

developmental disabilities

class action

Sidley Austin

Center for Public Representation

DRO's February-March 2016 newsletter is now up!

Stacy Brannan — Wed, 30 Mar 2016 16:52:44 +0000

March 30, 2016

The February/March 2016 edition of News from Disability Rights Ohio is now up!

In This Issue:

Coyle Special Ed Fellowship allows DRO to help more Central Ohio children succeed at school
DRO Advocate Liz Poprocki leads the charge to protect transgender people with mental illness
DRO report highlights lack of enforcement of ODE restraint, seclusion rule
DRO, NFB and ASAN celebrate landmark decision ordering fair pay from sheltered workshop
DRO in the News
Bills to Watch
Client Advocacy Outcomes
Help us keep the victories coming! Donate online to Disability Rights Ohio

Keywords:

psychiatric hospitals

DRO's Voter Hotline will be open Tuesday, March 15!

Stacy Brannan — Thu, 10 Mar 2016 19:36:44 +0000

March 10, 2016

Election Day in Ohio is Tuesday, March 15, and the polls will be open from 6:30 a.m. to 7:30 p.m. DRO's Voter Hotline will be open the same hours, with lawyers available to answer your questions and provide assistance if your voting rights are being violated.

The hotline number is 614-466-7264 or toll free 800-282-9181; (TTY) 614-728-2553 or toll free 800-858-3542.

Before or after the election, DRO's intake department is open from 9 a.m. to noon and 1 to 4 p.m. on business days to answer your questions about any disability-related matter. You can also leave a message anytime and someone will return your call during business hours.

For answers to the most common questions we get about voting, download our Voting Rights FAQ.

Keywords:

People with Disabilities - Take Our Voting Survey!

Stacy Brannan — Tue, 09 Feb 2016 16:47:28 +0000

February 9, 2016

Disability Rights Ohio is gathering information about voting issues for people with disabilities, and we want to hear from you! Take our ASL-accessible survey before Friday, February 19.

Also, the voter registration deadline for Ohio's March 15 primary is Tuesday, February 16! Find out how to register on the Ohio Secretary of State's website.

New Disability Rights Ohio report highlights lack of enforcement of Ohio Department of Education's restraint and seclusion rule

Stacy Brannan — Mon, 08 Feb 2016 15:44:27 +0000

February 8, 2016

A new report released today by Disability Rights Ohio (DRO) outlines gaps in enforcement of the Ohio Department of Education's (ODE) rule regulating restraint and seclusion in schools. The report also makes recommendations to improve oversight of schools' implementation of the rule.

In 2013, upon the urging of Disability Rights Ohio, the ACLU of Ohio, and other advocates, the Ohio Department of Education established a rule limiting the use of restraint and seclusion in Ohio schools to situations where there is an imminent risk of physical harm. The rule requires implementation of an alternative to restraint and seclusion, Positive Behavior Interventions and Supports, a validated approach to reduce or eliminate any need for restraint or seclusion.

DRO's report highlights that the Ohio Department of Education has no system for monitoring schools for compliance of the rule, inadequate reporting and notification of incidents, insufficient recourse for parents and students when the rule has been violated, and no coordinated effort among agencies to thoroughly investigate incidents.

"Ending unnecessary and often dangerous uses of restraint and seclusion in Ohio's schools requires more than putting a policy in place," said Michael Kirkman, Executive Director of Disability Rights Ohio. "The lack of leadership, resources, and robust enforcement is placing too many of Ohio's children and those who teach them at risk of serious harm and continued trauma," continued Kirkman.

The report recommends the development of stronger monitoring and reporting systems; implementation of consistent reporting, notification, and documentation requirements; and improved cross-agency collaboration on investigations of restraint and seclusion.

Keywords:

Ohio Department of Education

ODE

PBIS

Positive Behavior Interventions and Supports

Disability Rights Ohio, National Federation of the Blind, and Autistic Self Advocacy Network Celebrate Landmark Decision Ordering Fair Pay from Sheltered Workshop

Stacy Brannan — Wed, 03 Feb 2016 22:28:30 +0000

February 3, 2016

In a precedent-setting opinion issued by an administrative law judge from the U.S. Department of Labor (USDOL), three clients have been awarded minimum wage going forward and back pay from Seneca Re-Ad, a sheltered workshop run by the Seneca County Board of Developmental Disabilities. The original petition was filed by Disability Rights Ohio (DRO), the National Federation of the Blind, the Autistic Self Advocacy Network, and the Baltimore law firm of Brown, Goldstein & Levy, LLP.

Joe Magers, Pam Steward, and Mark Felton had been paid an average of $2.50 an hour for more than three years and are among the first workers with disabilities ever to invoke the petition process to seek a review of their wages by the USDOL. The administrative law judge found that Seneca Re-Ad has not proven that the petitioners’ disabilities keep them from accomplishing the work. Further, the decision holds that their wages have not been calculated correctly. Therefore, Seneca must pay at least the minimum wage.

“The opinion highlights that each of our clients brings valuable employment skills to the Seneca Re-Ad facility, and their value as workers should be respected,” says DRO Attorney Barbara Corner. “People with disabilities are full and equal members of society and should be paid fairly.”

"Many people are shocked when they find out that it is legal to pay people with disabilities less than minimum wage," said Samantha Crane, Legal Director and Director of Public Policy at ASAN. "But what's even more surprising is how rare this type of enforcement action has been until now. We hope this decision puts other workshops on notice that they won't get away with this sort of exploitation."

Mark A. Riccobono, President of the National Federation of the Blind, said: "This decision cuts through the low expectations based on stereotypes and misconceptions that undergird the antiquated and discriminatory subminimum-wage employment model. The National Federation of the Blind is proud of our role in helping these workers to earn compensation that reflects the skilled work that they perform. We believe that this decision sends a strong signal that subminimum wages are an idea whose time has long since passed."

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DRO applauds successful termination of lawsuit challenging Franklin County jail's use of Tasers

Stacy Brannan — Wed, 30 Dec 2015 21:26:16 +0000

December 30, 2015

After five and a half years of legal advocacy by Disability Rights Ohio on behalf of inmates who had been victims of inappropriate use of Tasers, the case of Shreve v Franklin County has reached a successful resolution. On Monday, December 28, 2015, the United States District Court granted a joint request submitted by Disability Rights Ohio, the United States Department of Justice (DOJ), and Franklin County to end the case.

Since achieving a court approved settlement in 2011, Disability Rights Ohio and the DOJ have monitored Franklin County’s compliance with the settlement agreement by reviewing Taser use policies, incidents of Taser use, and training of staff at the Franklin County Correction Centers. A host of improvements were reported, including a drop in Taser usage from about 70 incidents per year to about 5 incidents per year.

Disability Rights Ohio filed the case in July 2010 because a large number of inmates with physical and mental disabilities were tased excessively by jail staff. The DOJ intervened in November 2010 to address the pattern of excessive force.

“I am proud of our efforts in representing the rights of our clients to be free from abuse and neglect across all settings,” said Michael Kirkman, executive director of Disability Rights Ohio. “And I am pleased with the successful resolution of this case achieved through the collaborative efforts of all parties to comply with the settlement agreement.”

While the successful resolution of the case ends the case-specific monitoring of the Franklin County Correction Centers, Disability Rights Ohio staff will continue to routinely conduct monitoring visits and investigate incidents of abuse and neglect.

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Are you currently on a waiting list for waiver services? DRO would like to talk to you.

Stacy Brannan — Wed, 16 Dec 2015 19:31:31 +0000

December 16, 2015

More than a year ago, the Ohio Developmental Disabilities Council and the Ohio Colleges of Medicine Government Resource Center published a study that analyzed waiting lists for home and community-based waiver programs in Ohio's developmental disabilities system (the Individual Options waiver, for example). As of June 2013, more than 40,000 people with developmental disabilities were on waiting lists across the state. Disability Rights Ohio wants to learn more about people who are on these waiting lists and the situations they are in.

We are looking to talk to people who:

Are adults
Are not currently enrolled in a waiver program
Are on a waiting list to get waiver services
Have an unmet need that would be served in a waiver program or may need those services in the future (for instance, if they have an aging caregiver)

If you or someone you know fits all of those qualifications, please call Disability Rights Ohio at 800-282-9181 and select option 2 for the Intake Department.

Keywords:

Medicaid

waiver

developmental disabilities

Ohio

services

ABLE, DRO file federal lawsuit seeking changes to Dayton Mall bus stop policy

Stacy Brannan — Tue, 15 Dec 2015 15:45:03 +0000

December 15, 2015

Advocates for Basic Legal Equality, Inc. (ABLE) and Disability Rights Ohio (DRO) today filed a federal lawsuit against the Dayton Mall and several of its anchor stores--Macy's, Sears, and Elder Beerman--seeking a policy change that would enable people with disabilities who ride public transportation to have effective and equal access to the Dayton Mall.

The complaint alleges that the present policy of the mall, which requires that the RTA keep the bus stop more than 600 feet from the mall entrance and which significantly limits the buses that can use the stop, severely impacts people with disabilities and discriminates against them, in violation of Title III of the Americans with Disabilities Act (ADA).

In April 2015, DRO and ABLE began advocating on behalf of individual and organizational clients for a reasonable modification of the Dayton Mall's policy of locating the bus stop over 600 feet away from the mall entrance. They requested that the mall allow the RTA to move the stop close to one of the mall entrances and that the seven bus routes that serve the mall area be allowed to stop there. These changes would eliminate the unnecessary access barriers that the mall's arbitrary policies have created, but the mall refused.

"As a result, people with disabilities continue have to make a long, difficult, and dangerous trip through the parking lot just to get in the mall entrance--and they have to endure unnecessary transfers just to get to that stop," says Ellis Jacobs, lead counsel from ABLE.

The Regional Transit Authority (RTA) has worked for years to get a bus stop located closer to the entrance and to increase the number of routes that stop at the Dayton Mall, without success.

According to Attorney Jason Boylan of DRO, "The ADA prioritizes access for people with disabilities to get in the front door, but if they cannot even get to the front door, that right does them no good. With this lawsuit, we are asking the federal court to require that the Dayton Mall change this discriminatory policy and practice."

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