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Tag: disability rights

  • Immigrant with disabilities repeatedly assaulted by deputies at Calhoun County jail, civil rights groups allege

    Immigrant with disabilities repeatedly assaulted by deputies at Calhoun County jail, civil rights groups allege

    Two civil rights groups are calling for an investigation into “alarming reports” about a 29-year-old immigrant with a disability who was allegedly assaulted repeatedly by deputies at a Calhoun County jail that has contracts to serve as an immigration detention facility.

    The Michigan Immigrant Rights Center (MIRC) and the American Civil Liberties Union of Michigan (ACLU MI) called on the probe in a letter to the U.S. Immigration and Customs Enforcement (ICE) and the Calhoun County Correctional Facility (CCCF).

    On three separate occasions in February, March, and April, deputies threw Luisa Martinez, a torture survivor with a physical disability and mental impairment, against a wall, yanked her arm, dragged her down a hallway, and used excessive force to transport her, causing her to cry out in pain, the letter alleges. She was also placed in solitary confinement, according to the letter.

    The reported behavior is “cruel and unacceptable,” the groups said, and violates federal civil rights laws protecting people with disabilities.

    “I felt beaten, abused, kidnapped, like I was in a world where I didn’t belong,” Martinez said in a statement Thursday. “Totally misunderstood, and unable to communicate because of the language, they put me in segregation [solitary confinement], and gave me food that I couldn’t eat because of my stomach problems. It was like living all over again when my ex-partner kidnapped me and locked me in a room and only fed me once a day. I was so frightened for my life, so afraid of what the guards would do. I was afraid of the noise of the door opening, because I didn’t know who would walk through or what they would do to me next. I didn’t know if I would leave the facility alive.”

    Martinez was held at the jail on behalf of ICE.

    As a result of previous trauma, Martinez has a visible limp because of a recurrent dislocation of the patella in both of her knees.

    She alleges that jail deputies physically abused her multiple times and withheld necessary accommodations such as a knee brace or wheelchair. The Federal Rehabilitation Act of 1973 requires authorities to provide reasonable accommodations, the civil rights groups said.

    After advocates got involved, Martinez was moved to another facility out of state.

    Both civil rights groups are worried that similar treatment of detainees will continue at the jail, pointing to “a pattern of concerns at CCCF.” In 2021, an immigrant detainee died while in custody at CCCF “due to the facility’s failure to provide adequate medical care,” according to the groups, which are requesting in-person visits in accordance with ICE’s National Detention Standards.

    “What happened to Luisa is abhorrent, but unfortunately, not an exception,” Mel Moeinvaziri, staff attorney at the Michigan Immigrant Rights Center, said in a statement. “ICE has failed time and time again to protect those in immigration detention from gross mistreatment, and particularly those with disabilities. The practice of immigration detention at Calhoun County Correctional Facility should be discontinued.”

    In the letter to ICE and CCCF, Moeinvaziri is demanding an immediate investigation. If abuse was found, Moeinvaziri called for the facility to “amend policies, improve training, and address these conditions to ensure that no individual within CCCF custody and control, regardless of ability, is ever treated this way.”

    “We demand an immediate and transparent investigation into this disturbing behavior – denying fully appropriate accommodations for persons with disabilities, limiting access to medically necessary services, mistaking insubordination/other behavior as purposeful and not as a result of disabilities, and using excessive force and solitary confinement as punishment instead of complying with federal law and agency guidance,” the letter states.

    Martinez said people should be treated with respect, regardless of where they are from.

    “We all are born the same, and die the same,” Martinez said. “It doesn’t matter where you are born, or your origin, we are all people. If this happened to you how would you feel?”

    Steve Neavling

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  • Disability justice groups demand more resources in Detroit’s budget

    Disability justice groups demand more resources in Detroit’s budget

    Two influential disability justice groups have joined forces to launch a campaign calling for “substantial increases” in funding for people with disabilities in Detroit.

    The objective of Fund Disabled Detroiters is to persuade Mayor Mike Duggan’s administration and Detroit City Council to devote more resources for people with disabilities.

    Detroit Disability Power and Warrior on Wheels are leading the campaign, which runs through April.

    A disproportionate number of Detroiters live with disabilities. According to the 2020 American Community Survey, more than 128,000 Detroiters — or one out of five residents — have at least one disability. By contrast, roughly one out of seven Michigan residents live with disabilities.

    “Disability is not a niche issue; it’s a universal concern that can affect anyone at any time,” Lawrence Franklin III, lead organizer with Warriors on Wheels, said in a statement Monday. “By prioritizing disability funding, we’re investing in a Detroit where everyone thrives.”

    The campaign is running now because the Detroit City Council is beginning to explore Duggan’s annual budget proposal, which goes into effect on July 1.

    In previous years, Detroit Disability Power led a campaign to increase the budget of the Office of Disability Affairs to $1.4 million annually. This year’s campaign is different because it’s taking a more comprehensive approach, calling for increases across multiple departments.

    Among the key demands are:

    • Adding $3 million to the Department of Election to increase physical accessibility and federal compliance at polling locations. Only 16% of the polling locations in metro Detroit are fully accessible, according to the campaign.

    • $7.8 million for the Detroit Department of Transportation to improve paratransit and fixed-route accessibility for buses.

    • $25 million to the Department of Public Works to repair sidewalks and ensure greater mobility for people using wheelchairs and other mobility devices.

    The full list of requests is available online.

    “This campaign underscores the importance of recognizing that funding for disability extends beyond the Office of Disability Affairs,” NaJaRee Nixon, lead organizer from Detroit Disability Power, said. “It’s about fostering inclusivity and dismantling ableism in every direction our tax dollars flow.”

    People with disabilities are more likely to live in poverty or unable to afford essentials, such as housing, child care, food, transportation, and health care, according to a report from the Michigan Association of United Ways and research hub United for ALICE (Asset Limited, Income Constrained, Employed).

    As part of the campaign, activists are encouraging residents to participate in a letter-writing initiative to urge the council and mayor to support the budget recommendations.

    Steve Neavling

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  • Less than 5% of U.S. housing supply is accessible to older, disabled Americans. These changes may help

    Less than 5% of U.S. housing supply is accessible to older, disabled Americans. These changes may help

    Lucy Lambriex | DigitalVision | Getty Images

    Despite a sizeable elderly and disabled population in the U.S., there is not enough affordable housing to accommodate those individuals.

    “For millions of Americans, adequate housing is more of an aspiration than a reality,” said Sen. Bob Casey, D-Pa., who serves as chairman of the Senate Special Committee on Aging, at a Thursday hearing.

    “In particular, too many older adults and people with disabilities cannot afford accessible housing,” Casey said.

    About 26% of the U.S. population — or about 61 million people — have a disability, Casey said. At the same time, 1 in 5 Americans will be older than 65 by 2030.

    Accessible homes — which offer specific features or technologies — can help older and disabled individuals continue to live in their own homes or in communities they choose. That may include wider doorways, lower counters and sinks and accessible bathrooms.

    Yet less than 5% of the national housing supply is accessible, Casey said. Moreover, less than 1% of housing is available to wheelchairs.

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    Leaders on both sides of the political aisle agree the shortage of adequate housing is a problem.

    The U.S. is between 3 million and 6 million houses short of what the market needs, noted Sen. Mike Braun, R-Ind., ranking member of the Senate aging committee.

    The problem has been complicated by state and federal regulatory burdens, higher infrastructure costs, supply chain constraints, work force shortages and increased materials costs due to inflation, Braun noted.

    “Sometimes we’re at odds in terms of what we should do, but there’s always practical legislation in the middle, and I’d hope that we can have those conversations that get us there,” Braun said.

    Suggestions for improvements emerged during Thursday’s hearing.

    Develop affordable, accessible housing

    For Dominique Howell, a disability housing advocate based in Philadelphia, finding an adequate place to call home that can accommodate her disability has been a struggle, she testified at Thursday’s hearing.

    Five years ago, Howell said, she was “wrongfully evicted” from her home, along with her daughter, who was 3 years old at the time, and her grandmother.

    Howell was initially prohibited from entering a shelter, due to the home- and community-based services she receives. After finding legal representation, she was able to enter the shelter, though she slept in her power wheelchair for a year.

    Today, Howell and her daughter have found a home. However, it still has accessibility challenges, she said. When the elevator breaks, she and other residents are sometimes forced to spend weeks in their homes.

    “Housing is a human right and unfortunately for too many Americans, especially people with disabilities, are not being equally granted the right of housing they can afford that is accessible,” Howell said.

    To address the situation, Pennsylvania and other states should “develop affordable accessible housing to match the needs of residents,” she said.

    Retrofitting older homes to update them and improve accessibility may be one solution, said Jenny Schuetz, a senior fellow at Brookings Metro. However, updating millions of homes is an “enormous task” that would require both private and public capital, she said.

    Making homes more affordable for elderly and disabled populations is crucial, said Allie Cannington, senior manager of advocacy at The Kelsey, a disability-forward housing developer.

    “For people with disabilities who rely on Supplemental Security Income and other forms of federal assistance, there is no U.S. housing market where rent is affordable,” Cannington said, an issue that affects more than 4.8 million people with disabilities.

    Encourage new housing construction

    The U.S. has not built enough housing since the Great Recession to keep up with job and population growth, noted Schuetz. To fill the gap, the U.S. needs about 3.8 million additional homes nationally, according to estimates, she said.

    Local markets are also feeling the effects. In Indiana, for example, 18,000 to 22,000 new houses per year are needed in order to meet average demand, according to Rick Wajda, chief executive of the Indiana Builders Association. Yet the state only reached those levels of production in 2020 for the first time since 2007, he said.

    To reverse the “underbuilding” trend that has been prevalent since the Great Recession, there should be financial incentives for local governments to revise zoning to allow for more kinds of structures, Schuetz said.

    Regulations may be relaxed to shorten delays that often lead to increased building costs, according to Wajda. Permit, hookup or impact fees, as well as development and construction standards, may get in the way of development, he said.

    Restrictive building codes may also add thousands of dollars to a house’s cost, thereby adding thousands of dollars to the cost of a house, Wajda said.

    “All regulations should be examined for their impact on housing affordability,” he said.

    To address the shortage of accessible and affordable housing for vulnerable populations, Casey has proposed a bill that would require a percentage of homes built through the Low-Income Housing Tax Credit Program to meet accessibility standards.

    It remains to be seen whether the proposal will receive the support needed to become law.

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  • New Mexico Authorities Describe Caregivers’ ‘Torture’ Of Disabled Woman Who Died

    New Mexico Authorities Describe Caregivers’ ‘Torture’ Of Disabled Woman Who Died

    ALBUQUERQUE, N.M. (AP) — “Torture” is how New Mexico’s top prosecutor describes the treatment a 38-year-old developmentally disabled woman endured before her death at the hands of her caregivers, who he said were paid thousands of dollars a month through a special program meant to offer an alternative to institutional care.

    Attorney General Raúl Torrez detailed the woman’s injuries during a news conference Thursday, saying she died weeks after being found in the back of a van as the caregivers tried to take her to Mexico so her wounds could be treated.

    “The abuse and neglect that she endured was horrific and the injuries she sustained are among the worst I have seen in my career as a prosecutor,” Torrez said. “This was torture. There’s really no other word for it.”

    Three people were arrested and charged Wednesday with abuse and neglect following an investigation that began with the stop at the U.S.-Mexico border in late February.

    The case spurred a statewide review of New Mexico’s entire developmentally disabled waiver system. Social workers spent weeks conducting individual wellness checks on thousands of developmentally disabled people who receive care through the federally-funded waiver program.

    More allegations of possible abuse and neglect were turned up, and the state Health Department canceled contracts with four providers in the Albuquerque area.

    An affidavit filed by the Attorney General’s Office details the abuse that resulted in the charges filed Wednesday against Angelita Rene Chacon, 52, and Patricia Hurtado, 42, both of Rio Rancho. They face counts of abuse or neglect of a resident resulting in death, false imprisonment and conspiracy to commit false imprisonment.

    Luz Scott, 53, of Clovis, an acquaintance of the women, has been charged with false imprisonment and conspiracy to commit false imprisonment.

    Messages seeking comment from Daniel Lindsey, an attorney listed for Scott, were not immediately returned. Court records didn’t indicate whether Chacon and Hurtado had lawyers yet.

    The women were scheduled to make their first court appearances Friday.

    According to the attorney general’s office, Chacon and Hurtado contracted with At Home Advocacy and three other contractors to provide supplemental care for the victim. They were receiving about $5,000 a month under the waiver program to care for her.

    Prosecutors say a preliminary review of available business records indicate that At Home Advocacy received nearly $250,000 to coordinate care and support for the victim in the three years before her death.

    Records show the company last visited the home on Jan. 25, one month before the victim was found at the port of entry in El Paso.

    According to court records, a supervisor with At Home Advocacy told FBI agents the company conducted monthly wellness visits at Chacon’s home but that “body checks” were not conducted during those visits and that no injuries were seen.

    Authorities said the woman who died was severely dehydrated and drugged when she was found in the van. She also had numerous open wounds, bedsores with exposed bone and bruises and lacerations on various parts of her body.

    They also described marks consistent with being restrained for a prolonged period of time.

    FILE – This file photograph show Raúl Torrez speaking to Native American leaders during a candidates forum in Albuquerque, N.M., Oct. 14, 2022.

    Unable to speak when discovered by federal agents at the border crossing, she was transported to University Medical Center in El Paso, Texas, where she died on April 7. The Associated Press generally does not name people who have been abused.

    Democratic Gov. Michelle Lujan Grisham and top health officials had warned that any caregivers who mistreat and abuse developmentally disabled or otherwise vulnerable people would be held accountable.

    Republican legislative leaders also requested that the federal government investigate, saying an independent inquiry would ensure transparency and might prevent such cases in the future.

    Both Torrez and Raul Bujanda, FBI Albuquerque agent in charge, called the case “a wake-up call” about the treatment of developmentally disabled people in New Mexico.

    The woman who died “could easily have been our loved one,” Bujanda said. “You expect, you demand that your loved one is taken care of in such a way that … the only thing you’ll ever worry about is making to time to go and see them.”

    Torrez urged the governor and lawmakers to overhaul protocols at the state Department of Health. His suggestions included increased staff and training, mandatory inspections every 90 days and new civil and criminal penalties for companies and providers.

    He tallied 12 “auditors” for more than 6,000 sites statewide and faulted administrators and the Legislature for relying on care providers to self-report problems.

    “That’s one of the fundamental problems that has arisen in this case,” Torrez said, suggesting that lucrative contracts with the state provide no incentive for providers to police themselves.

    State Health Secretary Patrick Allen said Thursday that an independent investigation is ongoing to identify any systemic flaws that would allow for abuse or neglect to go unchecked. He also said the agency will continue to refer any other cases of suspected abuse and neglect to law enforcement.

    “Persons with disabilities often rely on others for their day-to-day living. They literally entrust their caregivers with their lives,” Allen said, adding that when their care is covered by a state program “everyone is accountable, and we must ensure their health and safety needs are met.”

    Associated Press writers Ken Ritter in Las Vegas and Walter Berry in Phoenix contributed to this report.

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  • Judith Heumann, ‘Mother of the Disability Rights Movement,’ Has Died

    Judith Heumann, ‘Mother of the Disability Rights Movement,’ Has Died

    Disability rights leader, activist and author Judith “Judy” Heumann died on Saturday at age 75, her team confirmed on Saturday.

    Known as the “mother of the disability rights movement,” Heumann became an internationally recognized leader for her instrumental work pushing for historic legislation, including the Individuals with Disabilities Education Act, the Americans with Disabilities Act (ADA) and the Rehabilitation Act.

    Born in Philadelphia and raised in Brooklyn, New York, Heumann became physically disabled and a wheelchair user after developing polio at an early age in 1949. At 5 years old, she was denied the right to attend school because she was considered a “fire hazard.” However, her parents fought for her right to an education, and she eventually attended a special school and high school. Ultimately, she went on to study at Long Island University, where she organized protests and rallies advocating for students with disabilities to have better access to campus buildings and facilities. She later received a master’s degree from the University of California, Berkeley.

    In 1970, Heumann was denied her New York teaching license by the Board of Education despite passing the oral and written exams. She sued the board for discrimination and settled without a trial. As a result, Heumann became the first wheelchair user to teach in New York City.

    Heumann was a founding member of the Berkeley Center for Independent Living — the first grassroots center — in 1975, where she served on the board for five years. She also helped launch the Independent Living Movement, which espoused that disabled people should have access to resources and services to allow them to live in their communities.

    In 1977, Heumann fought for meaningful regulations to the Rehabilitation Act of 1978. Finally, after a 28-day sit-in in the U.S. Health, Education, and Welfare federal building, Section 504 of the Rehabilitation Act was signed, marking the first U.S. federal legislation granting civil rights protection for people with disabilities.

    In 1983, Heumann co-founded the World Disability Institute, which was one of the first global disability rights organizations founded and led by disabled people to fully integrate people with disabilities into the communities around them. Heumann has also served as a board member for disability organizations, including the American Association of People with Disabilities, the Disability Rights Education and Defense Fund and more.

    Between 1993 and 2001, Heumann worked in the Clinton administration as the assistant secretary for the Office of Special Education and Rehabilitative Services in the Department of Education. From 2002 to 2006, she served as the World Bank’s first adviser on disability and development. In 2010, former President Barack Obama appointed Heumann to serve as the first special advisor on the international disability rights for the State Department.

    Heumann’s story was featured in the 2020 award-winning and Oscar-nominated Netflix documentary “Crip Camp: A Disability Revolution,” which captured the groundbreaking start of the disability rights movement and its early leaders.

    In 2016, Heumann delivered a TedTalk focused on disability rights and was featured on “The Daily Show with Trevor Noah” in 2020. In addition, she released a memoir titled “Being Heumann: An Unrepentant Memoir of a Disability Rights Activist” in 2020, followed by a young adult version titled “Rolling Warrior” the following year.

    “Some people say that what I did changed the world,” she wrote in her memoir. “But really, I simply refused to accept what I was told about who I could be. And I was willing to make a fuss about it.”

    Heumann uplifted the voices within the disability community through her podcast, “The Heumann Perspective.” In 2021 the Heumann-Armstrong Award was launched to honor disabled students who have fought against ableism in schools and higher education.

    She received several awards in her lifetime, including seven honorary doctorates. She gave a commencement speech at New York University in May 2022, where she received her most recent honorary doctorate.

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  • As School Break Begins, Disability Advocacy Nonprofit RespectAbility Releases New Virtual Education Guide to Help Students With Disabilities Succeed

    As School Break Begins, Disability Advocacy Nonprofit RespectAbility Releases New Virtual Education Guide to Help Students With Disabilities Succeed

    Updated guide provides advice, resources and guidance on ensuring success for students with disabilities during pandemic

    Press Release
    –


    updated: Dec 21, 2020


    WASHINGTON, December 21, 2020 (Newswire.com)
    –
    ​​​As millions of students with disabilities, their parents and educational professionals begin winter break, the national disability inclusion nonprofit RespectAbility is offering free resources with new updates to support students with disabilities during this crisis. The updated guide, entitled Virtual Education & Students with Disabilities: Supporting Student Success in the Time of COVID-19 and Beyond, is available for free on RespectAbility’s website.

    The guide covers critical topics including virtual resources from a wide range of disability advocacy organizations, home-based programs for students of all ages, live synchronous learning opportunities, social-emotional and mental health resources and state-specific information for parents of students with disabilities.

    “Students, parents and professionals really need, and deserve, to get a break during the holiday season so they can refresh before restarting school. This toolkit is a real time-saver that can help millions of students, parents and teachers be better prepared for success during the upcoming semester,” said Jennifer Laszlo Mizrahi, president of RespectAbility. “It’s vital for students with disabilities to get the education and skilled they need, just like anyone else. After all, people with disabilities can also be the most talented people on earth. Consider this – Thomas Edison – America’s most famous inventor – was deaf. Harriet Tubman freed slaves while living with epilepsy. Stephen Hawking unlocked secrets of the universe while using a wheelchair. Justice Ruth Bader Ginsburg led the way on civil rights while battling cancer. Several of the “sharks” on Shark Tank have learning disabilities, and climate change activist Greta Thunberg is Autistic. We need to be sure that the next generation of people with disabilities is prepared to live as independently as possible and to contribute their skills, knowledge and talents to help strengthen our communities and world.”

    Whether you are a student with a disability or an adult (parent, guardian, teacher or otherwise) who is championing success for a student with a disability, this guide is for you. It includes resources that can help pave the best educational and social-emotional path possible during this pandemic.

    Download the PDF or accessible Word document or view each section of the toolkit on RespectAbility’s website.

    • Virtual Resource Guides by Other Organizations
    • Homeschool Programs
    • Additional Virtual Resources
    • Social-Emotional and Mental Health Resources
    • Live Synchronous Learning Opportunities
    • State Parent Centers’ COVID-19 Resource Website Links
    • Legal Rights and Special Education Resources

    Media Contact:
    Debbie Fink, Director of Community Outreach and Impact
    Email: DebbieF@RespectAbility.org

    Source: RespectAbility

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