DISABILITY DISPATCH
Disability Dispatch is a bi-monthly publication of the Access Center for Independent Living

June / July 1999 -- Volume 2, Issue 1
Contact Information

This issue of the Disability Dispatch although a little bit late is devoted primarily to advocacy. The Olmstead case, Kelly Dillery's ordeal, and the Kevorkian trial are important events in the independent living movement, and we wanted to do them justice in writing plenty about them. We regret any inconvience that the delay might have caused you, but we feel that this newsletter is the best we have published to date. Let us know what you think about the issues. Call, Fax, or Email us today! If you do not wish to receive the newsletter any longer or any other ACIL publication please let us know as well.

In This Issue

A Word From The Director
By Gene Leber, Executive Director (gene@acils.com)

There often comes a time when all good things must come to an end and for me that end comes in the form of resigning my position as Executive Director of the Access Center for Independent Living, Inc. (ACIL) effective September 30, 1999. I have enjoyed my seven years at ACIL and will always have fond memories of my work here. I also learned a lot during my time as Executive Director. Being a person who acquired my disability at the age of twenty, I have learned a great deal about the struggles of individuals born with disabilities and also that we as individuals with disabilities can make a big difference on the issues that affect our daily lives.

There's never been a more important time than now to make tremendous changes in how we are treated as individuals with disabilities.The Americans with Disabilities Act, our civil rights law, is being threatened today by seven states who want to continue to institutionalize our people instead of allowing for the most integrated setting, or letting people with disabilities choose where they want to live. Personal Care Assistance will soon be before Congress to decide if monies that go into nursing homes and other institutions can be reallocated to allow for individuals under Medicaid to move back into their community, or remain in the community in which they reside. I may be leaving my position as Executive Director of the Access Center but I don't plan on leaving the Independent Living movement by any means. My next career path is to execute a private-working family foundation where I will be the one giving out funds instead of being the one hoping that my proposal gets funded. I leave the Access Center for Independent Living with high hopes that the next Executive Director can carry on what I left behind and continue to build the Advocacy efforts so badly needed in the city of Dayton, Ohio. I will miss those of you who have helped me and the Access Center grow and those of you who have given of your time, energy, and support.

From The Board Chair
By Wayne Schneck; President, ACIL Board of Directors (wayne@acils.com)

When I was asked to write a short article for the newsletter, I didn't have a clue what to write about. However, the more I thought about it, the more I realized that 1999 is going to be a very exciting year for Access. What's going to be so exciting you may ask? Let me start by telling you about the changes on the Board. We are proud to welcome the new board members to our organization and are anxious to hear their ideas for our future. Individual board members will be highlighted in future newsletters.

So, what big plans are in store for Access you might ask? DIMENET will be expanded and improved. REDI (Recycled Equipment Donated for Independence) will continue to receive support. Several workshops will be offered to consumers on a variety of topics. This month's topic is sexuality; other topics include: death and dying, self advocacy, and consumer controlled personal care assistance. Pretty good start don't you think?

The number of staff members at Access is the largest it's ever been. Not only is there more staff to assist consumers but each staff member brings their own unique experiences, insights and visions to enrich the Center's ability to achieve its mission.

I'm very proud of Access' achievements, past and present. While others are talking about what the millennium might bring, Access has already decided what its future is and is actively pursuing those goals.

Personal Care, What to Do?
By Greg Kramer, Independent Living Specialist (gregk@acils.com)

Since I have been hired by the Access Center in October of 98, I have noticed a problem with hiring and keeping dependable Personal Care Assistants. What to do? This seems to be a growing issue across the country. In Ohio, on March 2,1999, State Representative George Terwilleger introduced to the Ohio House of Representatives (OPASA) Ohio Personal Assistance Services Act. This bill is designed to take the money that is spent on "Institutional Care", and give it to the individual, so they can direct their own care. The problem is, how do I hire a qualified attendant?

Well, to help in this matter, the Access Center, along with several consumers are creating a support group to discuss how these problems can be solved. If you are experiencing the same issues, and would like to join the group call me at (937)341-5202 between 10:00am and 5:00pm.

DRACH (Disability Rights Action Coalition for Housing)
By Darrell Price, Advocacy Director (darrell@acils.com)

You've seen in this newsletter that we often focus on helping people get out of institutions and into the community, but we also know from your feedback that there isn't enough accessible, affordable housing for people who are already in the community.

The money and means to create more affordable, accessible housing are out there, and as with most things in life, the squeaky wheel gets the grease (or in this case the money). There are a number of laws on the books that require providers to have accessible housing, and plenty of funding out there for accessibility modifications, home ownership and other housing assistance. The trouble is that some providers either don't know about their obligations, or don't think that anyone will check on their compliance.

The laws that provide funding for housing are intended to focus on creating all kinds of housing for people in poverty, and as many of us know all too well, disability and poverty often go hand in hand. These laws are designed to respond to your demands. It's natural to feel intimidated by the people and the process that decide where this money goes. But you don't need to be an expert to get things done. The laws that create housing funding basically say that if you express a need, the community has to respond.

It may seem that too often you will read in this newsletter about getting money from the government for different needs; but remember, the money is being spent anyway, and all too often people profit from keeping people with disabilities down and quiet. We are not saying that you should spend your life looking for a handout. America is supposed to be the land of opportunity, and creating opportunities for ourselves is the point here. The moment our government fails to work for our benefit, it has no right to exist, and we must hold it accountable to us.

Creating opportunities for housing is the basic idea behind the local chapter of the Disability Rights Action Coalition for Housing (DRACH). Your involvement is crucial to making DRACH work. We have even found a way that you may be able to get PAID for some of your work with DRACH (see "Preserve Civil Rights and Earn Money").

DRACH's goals are focused on:

DRACH is resuming monthly meetings on the third Tuesday of each month from 1:00 to 3:00 PM. Your involvement is the only way to insure that housing planners and providers respond to our needs. If you are interested in sharing information about available housing, or if you are interested in DRACH's goals, please contact Tracy Mankins or Darrell Price at the Access Center. Please call (937) 341-5202 with any questions. We will work to accommodate your schedule or other needs.

Disabled Individuals Movement for Equality Network (DIMENET)

Far too often people with disabilities have been told what they can't do. With DIMENET, all that is changed. With DIMENET you can, whereas with a local ISP, you can't. DIMENET provides you the opportunity for accessible internet access, as opposed to your local or national ISP. Need instructions or technical support in alternative format? No problem. Can your local or national ISP say the same? You say you don't have a local or national ISP? Guess what, DIMENET is the place for you.

With DIMENET you can connect with your peers in the independent living and disability rights movements worldwide. With DIMENET you get plugged in to your peer group and other recognized experts worldwide to assist you in gaining knowledge concerning computers, computer access technology, the internet, networking and team building within the disability community. You can make developing and maintaining your web and on-line presence as simple as uploading newsgroup messages and files from within DIMENET. You can have a fully accessible easily maintained web presence utilizing in house, paid or volunteer, labor. You can learn to host web pages, web accessible discussions, operate a mailing list and a FTP (File Transfer Protocol) archive site, from your peers, using easy to learn proven methods that reduce publishing complexity, updating and maintenance time and costs. You can grow internet expertise in house thereby giving you greater control while reducing ongoing costs and making your organization better able to spread knowledge related to networking, computer use and information sharing within your community. You will have evidence that ACIL has a commitment to seeing that our customers have access to the latest information in any accessible format they desire and at a price they can afford. You can market your organization to the community that you serve by providing a useful service to the entire community. You can get your community involved with ACIL. You can support your peers and participate in the only disability controlled Wide Area Network (WAN) in the world. Basic Level access begins with a donation on $35 for individuals, and $150 for organizations. This includes access to off-site email, posting to USENET newsgroups, as well as use of items on the Internet Menu, and telnet remote login access.

For more information go to http://www.dimenet.com/subscription.html or call us at (937) 341-5202 and ask to speak to someone about DIMENET today!

Wake Up Greater Dayton!
By Janet Stiegler, Senior Independent Living Specialist (janet@acils.com)

People with disabilities are facing a severe housing shortage. If any other group of people were told there is a six to eight year waiting list for their housing needs, there would be a "scream heard around the world". Why is this acceptable for people with disabilities?

Apartments that are accessible and/or subsidized are rented upon opening, and a "waiting list" is established immediately. People with disabilities must rent apartments that are inappropriate for their needs, to avoid becoming homeless. Many are housed on the second floor of buildings that do not have elevators which necessitates that they be carried up and down stairs. Once inside apartments, doorways, and hallways are not wide enough to accommodate a wheelchair to allow the person to access the bathroom or bedrooms. The light switches and electrical plugs, counters and cabinets are often out of reach.

Now how do we correct this seemingly unsolvable problem? To begin with, we as a society must become aware that one person in five has a disability that affects their ability to live independently in the community like others. We must design our communities to reflect the needs of all of our citizens. For example, as we plan to build multiple dwelling buildings, we should think about universal design, so the apartments can be used by all people. The next logical question is where does the money come from. If universal design is used at the time it is being built the cost is the same. Or some of the money that is used to warehouse people can be put into remodeling some of the older housing, using the principle of universal design.

Hey, wake up! We're here to stay! We'll not stay in the closet, nursing homes or in the backrooms any longer. Let's work together so there's equal liberty and justice for all!

Jobs for Graduates, Inc. of the Miami Valley provides at-risk youth, including youth with disabilities, with training, guidance and support. Jobs for Graduates is pleased to announce that we will again be operating the Summer Youth Employment Program from June 21 to August 13, 1999.

This program provides two extremely valuable and needed services. It allows youth (ages 14-21) the opportunity to learn and earn in a positive setting, while reducing their chances of being involved in less positive pursuits. It also provides free labor to non-profit organizations and the occasion to help shape our youth for the future. If you have any questions, or if you are interested, we can be reached at (937) 226-0342.

Letter to the Editor: Comprehensive Managed Health Care
By Steven Heller (stvhlr@aol.com)

America's health care system is truly a puzzlement. The basic economic principles of `supply' and `demand' do not apply simply to a complicated political harangue that has engulfed several diverse factions on Capitol Hill. It appears that the politicization [sic] of a relatively stagnant federal bureaucracy will be satisfied, by both parties, to harp on pre-election disposition in both parties toward confrontation rather than compromise. The inherent complexities of the elements comprising Managed Health Care profoundly complicates its analysis. Furthermore, an oxymoronic political consensus that has emerged from President Bill Clinton's initial arts to reshape the American health care system has seen the emergence of a political consensus. This consensus has embodied a gradual incremental approach to future changes. Presently, Congress is being confronted by demands to provide broad new consumer protections for patients not satisfied with many of the restrictions of managed care. Not withstanding, the passage of several laws intended to expand coverage step by step, the number of Americans without insurance has risen steadily, recently, by an average of 1 million a year.

As we entered 1990, America was faced with a unique set of circumstances, as well as parameters. We are immersed in a growing and expanding society but still have not acknowledged a basic societal responsibility of assuring some form of health care services for all of our nation's inhabitants. It has just been estimated that there are approximately 44 million people in the United States that do not have any health coverage from either a private or government insurance health care program. The president of the American Medical Association, Nancy Dickey, MD, a Texas family physician said at the National Press Club that it was time the country did something about people who have no health coverage. "Any reform simply must address access to care for all Americans and any to pay for it. It's time to make it our number one priority."

A comprehensive statistical analyses has recently been undertaken by Physicians for a National Health Program (PNHP), that has confirmed the continued expansion in number of uninsured Americans, with the depiction of a trend of over 100,000 people losing insurance coverage every month despite the nation's strong economic growth, evidenced by more than a 25% increase in the GNP and a doubling the Dow Jones industrial average since 1990.

There are presently one million more uninsured people than there were last year, with an increasing proportion of people having absolutely no health insurance. It has been maintained by the PNHP that, "incremental reforms … have had no impact on the rising number of uninsured." It is my contention that we cannot afford not to embrace and implement a comprehensive national health care system. I seek support from our Congressional leadership, which recently has focused, and I use the term advisedly, primarily on political wisdom and statesmanship.

Olmstead: From The Scene In DC
By Tracy Mankins, Advocacy Coordinator (tracy@acils.com)

On May 12, 1999, I witnessed an ultimate moment in the history of the disability rights movement. On that day, I attended the "Don't Tread on the ADA" rally in Washington, D.C. The feelings I had that day are very hard to sum up in a few words. The best I can do is to say that being at the rally and protest in front of the Supreme Court steps with four-thousand other patriots in the battle to save the bare essence of the ADA left me feeling strong, unified, and proud to be disabled.

May 12th was a beautiful day with a clear sky, warm sun, and excited advocates. Those of us with ADAPT (numbering around eight-hundred) marched to the rally site, past the Capital chanting "Our Homes, Not Nursing Homes" and other chants that expressed our feelings about what Olmstead is trying to do to our hard fought for civil rights law; the ADA. When we arrived at the rally, four blocks from the Supreme Court steps, we were met with headstone posters that had been hammered into the ground on all sides of the walk. These headstones read "RIP - 467 Deaths a day in nursing homes" and a few featured Tommy Olmstead's face to signify his attempt to kill our ADA.

Around two-hundred groups cosponsored the rally along with ADAPT. The rally began with a few disability rights songs sung in the heartfelt and empowering way of our friend Johnny Crescendo from the U.K. Speakers at the rally included Bob Kafka, Mike Auberger, former Attorney General Dick Thornburgh, civil rights leader Wade Henderson, Senator Tom Harkin, Justin Dart, Gina McDonald, Stephanie Thomas, Marcie Roth, Janine Bertram Kemp, Steve Gold and four individuals who have been incarcerated in nursing homes and now live in freedom. Former nursing home inmates shared with us their stories of endurance, strength and joy at finally being free. Although their stories were of hope, listening to them speak was a painful reminder of what will happen if Olmstead prevails and we lose the right we deserve as human beings to be free.

The Olmstead matter concerns all Americans, disabled or not. Everyone is just one second away from a disabling accident. Olmstead wants the Court to decide that those who need assistance to live in the community are better off in nursing homes. The fear I was beginning to feel of a nursing home looming over my head was changed by the powerful words of the speakers into a need to fight for what I know is my fundamental freedom to live where and how I want. All the speakers at the rally emphasized the point that we deserve this freedom and if the Court decides that we don't, than we will have to take it to the streets in each state. Another repeated point was the need to get MiCASSA passed into law so that advocates will have another tool to use to demand that their states follow the concept of "most integrated setting".

He is a bit of Justin Dart's statement at the rally: "Colleagues in ADAPT, I love you. What a beautiful scene! The greatest patriots in the world advocating justice before the Supreme Court of the greatest nation in the world. This is democracy at its best. Our message: Distinguished members of the Court, we respectfully demand Justice. We are Americans. We have a right to choose where and how we will live...The reversal of the Olmstead decision would expand the authority of the states to imprison law abiding Americans in institutions...Distinguished members of the Supreme Court, all people are endowed by their Creator with certain unalienable rights. People have rights not states. America stands for freedom - for all people. Abraham Lincoln fought and died for the principle of freedom. But the job of freedom is not finished. Distinguished Justices, listen to the heart of America. Free our people. Free our people." Justin Dart's words clearly embody the overall feeling of the day: we demand our freedom and the freedom of all our brothers and sisters with disabilities.

The rally ended with a call to action: we were told by Mike Auberger "It is time to act NOW. We cannot wait for it to be handed to us - we must act NOW to gain our REAL choice. The Court has never seen this many people with disabilities in one place before. Let's march to the Supreme Court together to deliver our message." We marched as one, united, in the street, with the aid of police officers who blocked traffic at each street. Once there, we all gathered in a huge, gorgeous chanting mass in front of the Supreme Court steps. There were police officers guarding the steps, so we surrounded the steps and chanted for nearly an hour. Then, one of our leaders spoke of our beloved ADA and what the death of it would mean to us. She then prompted other advocates to erect two large wooden crosses surrounding a wooden casket. On one cross was a white straight-jacket to signify those locked up and killed in psychiatric "hospitals." From the other cross, an empty manual wheelchair was hanging by chains with a large "Free Our People" yellow sign, several of the "RIP headstones" discussed earlier, and a "Don't Tread on the ADA, Integration Not Segregation" flag. At the top of this cross was an ADAPT hat. This cross signified all our brothers and sisters who have died in institutions. The casket signified the death of the ADA if the Supremes overturn the Olmstead decision.

We were then asked to observe a few moments of silence in honor of the deaths occurring in institutions and the possible death of our ADA. The sheer power and emotion of 4000 individuals sitting and standing quietly and considering these symbols and the real threat we are facing was the most powerful feeling I have ever shared. I could actually feel the unity we all shared in those moments of silence in the name of freedom. I am sure that the members of the Supreme Court could feel that powerful silent wave of emotion as well. After having successfully delivered our message to the Court, we were given copies of MiCASSA to share with our members of Congress and we all went in unity to visit and educate our elected officials.

I wish to end this article with a call to action of my own. Our freedom and very lives are at stake now as they haven't been in recent history. Take a few moments to ponder the dangers we are facing, but then ACT. Do something, do anything to bring attention to our right for freedom and justice. We are working on this in different ways at ACIL. Contact us to join us in the battle for our freedom and our lives. Free Our People Now!

Kevorkian Jailed, But Our Work Isn't Done
By Tracy Mankins, Advocacy Coordinator (tracy@acils.com)

On April 13th, 1999, Jack Kevorkian was sentenced to 10 to 25 years in prison in Pontiac Michigan for the murder of Thomas Youk, a 52 year old man with ALS who Kevorkian videotaped himself giving a lethal injection to. Kevorkian then arranged for 60 Minutes to air the tape to a national audience and dared prosecutors to stop him. I was present with about 35 other members of the national group Not Dead Yet for the sentencing. We wept, we chanted and we celebrated the fact that Kevorkian has finally been removed from society because now he will finally be forced to stop practicing genocide on our people.

Over 100 members of Not Dead Yet had attended the entire trial weeks earlier. This is the first of Kevorkian's trials that Not Dead Yet has attended and the only one at which he was convicted. His sentencing by Judge Jessica Cooper was a defining moment for the disability rights movement.

The action surrounding the sentencing was very meaningful for the 35-40 members of the group who were present. A memorial quilt has been constructed by several dedicated members who diligently researched all of Kevorkian's known victims. It consists of 8 x 11" laminated color squares upon which the names, age, diagnosis, date of physician induced death, what facts are known about their lives, pictures (when available), and whether or not they were determined to be terminal by the coroner after their death. The non-terminal individuals greatly outnumber the terminal ones and this is visually evident by the colors assigned to each group. Kevorkian claims to have "assisted in death" 130 people with disabilities. We only have information on 93 of his victims and in some cases this information only consists of a name, age, date of death, and diagnosis. To signify the overwhelmingly sad fact that we don't even know the names of 37 of our brothers and sisters who have died at the hands of Kevorkian, there is a large center part of the quilt, in white, which is dedicated to our unknown dead.

We wanted to hang the quilt like a memorial wall at the Courthouse, but we were only able to get an agreement to tape it down to the concrete in front of the Courthouse entrance. Once taped securely, the quilt was watched over by our people for the entire 2 days we spent in front of the Court. We first held a memorial service for our dead at around 6pm on Monday, 5/12/99.

At the service, different members of Not Dead Yet read several sheets of facts and information about each of Kevorkian's known victims, we spoke memorial words for them in unity, the 37 unknown victims were honored and members of our group shared their personal experiences with the death of friends or relatives because of disability. Our memorial service took well over an hour to perform and we were all solemn after hearing some of the horrendous ways that Kevorkian had exploited and killed our people. As darkness fell that first night, we began a candlelight vigil around the quilt that lasted throughout the long, cold, and dark night before the sentencing. On the day of the sentencing, we held the memorial service again before crowding in the hallway outside of courtroom 3C, where Kevorkian was to get his sentence. We had family members of one of Kevorkian's victims with us that day who spoke at our service and wished to be in the courtroom to witness the sentencing. When the sister of a victim spoke at the service, she broke down crying but said what needed to be said about her sister. As we waited outside the courtroom, the anticipation mounted.

I happened to be in line behind some friends of Kevorkian and when he was lead past us down the hall toward the courtroom these friends stopped him and hugged him.

He was joking and laughing with them about how he'd be playing golf with them the next day. I wanted to scream at him for all the pain and suffering he has caused, but I had to hold my feelings in. After the family members of Mr. Youk spoke in Kevorkian's behalf, the Judge began a lengthy discussion of her sentencing decision. From the hall, we could only hear bits and pieces of what she had to say, but as soon as she sentenced him to 10 to 25 years for murder and 3 to 7 years for delivery of a controlled substance (to be run concurrently), the press notified us with hand signals of the sentence given. I cannot put into words the feelings that welled up inside of me when I first learned that he was finally going to be punished for all that he had done.

I wish that this was the end of the story. Unfortunately, one of Kevorkian's known assistants has already "assisted in the suicide" of another one of our brothers and sisters. There is also the real danger of "Kevorkian wannabe's" cropping up all over the place. Not Dead Yet has no doubt that this is a very real possibility. And, we still have the Hemlock society who makes it their job to lobby the medical profession to kill us

rather than give us expensive life-sustaining and pain-management therapies, not to mention the problems with Managed Care and the all-too-common practice of selective abortion if a fetus is found to be disabled in any way.

This fight to stop the genocide of people with disabilities will be with us for quite some time and the debate will only get more heated as time passes. The good news is that we can have a voice in this matter. If enough of us band together and say "NO MORE" as loudly and as often as it takes, then we can win this silent, unspoken war against our people. Get involved - there is no time like the present. To find out more about Not Dead Yet and how to get involved, please give me a call or send me an email.

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Olmstead Vs. ADA
By Darrell Price, Advocacy Director (darrell@acils.com)

Folks at ACIL have joked a little that this edition of the Dispatch should be called "The Olmstead Edition" because we have included so much discussion about this challenge to the Americans with Disabilities Act. But the fact that 26 states have tried to rip the heart out of our ADA is no joke. It is a true-to-life story of the bigotry that persists in our country about people with disabilities. It is also proof of the power that each one of you has right now; the power to live your life as you choose and preserve our human rights even when many of the government officials that we elected are doing their best to steal our freedom and even our lives from us.

This story started with two women named Lois and Elaine, who, through no fault of their own, happened to have mental disabilities. They wanted to live in the community with family and friends, and not in a state institution. They sued the state of Georgia under Title 2 of the ADA and won the right to direct their own lives. This case established the right for all people with disabilities to live and receive services in the "...most integrated setting appropriate to the individual."

Tommy Olmstead, Georgia Commissioner of Human Services, has asked the US Supreme Court to hear his challenge to this ruling, and 25 other states signed on to this challenge as well as a number of groups representing state and local governments across the country. This is why this issue has been referred to as the "Olmstead" case.

On April 21st, 1999 the Supreme Court heard arguments about the Olmstead case, and a decision expected in late June. This decision will effect all of us because it doesn't just effect people with mental disabilities in state institutions. It will decide if a person with ANY kind of disability will have the right to recieve any government service in the setting we choose. It will decide if many of us have the right to make the most basic decisions about our daily lives; like where we live, when and where we eat, if we can go out on a date or have a family, or work, or any one of ten-thousand other things that most temporarily-able-bodied people don't even have to question. It would imprison hundreds of thousands of us to face slow death in institutions from abuse and neglect, while the owners of the institutions make outrageous profits from your tax dollars.

This is nothing less that blatant bigotry, covered up by the idea that the government knows what is best for us and should control our lives "for our own good." Because disability effects people of all races we can't call it "racism" but it is the same sickness. Even worse, many of our elected officials who would lock us up for the "crime" of having a disability really believe they are doing us a favor.

Our nation has a shameful history of failing to live up to our ideal of individual freedom and equality; and a proud tradition of oppressed people rising up against all odds to claim freedom and basic human dignity. Once again, in our response to the Olmstead case, people with disabilities have proven that we are every bit a part of that tradition, and that we have the power to take charge of our own lives, regardless of what our government may do.

For example, Texas ADAPT published this on February 3rd, 1999: "Governor and Attorney General SIGN ON to Olmstead Brief --- direct attack on ADA and disabled. Seventeen people were arrested at the Texas Governor's mansion yesterday protesting for the right to live in the community. The protest was in response to the State of Texas' decision to sign on to the Olmstead brief and Attorney General Cornyn's statement that the `State of Texas has the right to run our own institutions.' The Olmstead Brief in a Supreme Court case would overturn the integration requirement of the Americans with Disabilities Act".

Remember, President George Bush signed ADA into law. In our own community, the Dayton Daily News published an article by Mara Lee on April 27th, 1999 in which she covered the local action by Dayton ADAPT at the Dayton Federal Building. Olmstead has been covered not only locally but in many national publications as well.

As a result of our efforts across the country, only seven of the original 26 states remain in support of Olmstead. The Supreme Court has never seen such a retreat by states, but they have seen and heard us, and it's only because people just like you have demanded our freedom. This story is not over yet. As always, it is up to you to take control of your own life, and whether you believe it or not, you will always have the power to do it.

Meet The Staff
We'd like to introduce you to one of ACIL's newest staff members: Wade Davis.

Wade Davis (Receptionist) (wade@acils.com)
Picture of Wade Davis

I was born, raised and am still living in Dayton, Ohio. Isn't that special? I came to the Access Center in June of 1993 as a VISTA (Volunteers in Service to America) which I think is now known as AmeriCorp. Acronyms! Acronyms! Acronyms! Since being here I have become familiar with and tried to assist many Acronyms such as CP, MS, MD, CHF, COPD, VI and many other PWDs, you know who you are! Oh yes, my disability is a SCI, though there are those who believe I have other disabilities yet to be professionally diagnosed. Acronyms are cold! I like to think I have assisted people!

I am now employed as a receptionist here at the Access Center, and they are paying me! So come in or call me and I will direct you to someone who will work with you in trying to resolve problems you or a loved one may have concerning disability issues.

Victory in Sandusky: Equal Justice Under Law?
By Darrell Price, Advocacy Director (darrell@acils.com)

Sandusky, Ohio may seem far away, but recent events there have proven how the issue of accessible sidewalks, and correctly installed curb cuts hit home no matter where you are. For Sandusky resident, Kelly Dillery, it even threatened to tear her home apart. The city of Sandusky, instead of assuring her right to accessible sidewalks under the ADA, tried her for child endangerment this spring because she was forced to take her wheelchair, and her child in the street due to improper and nonexistent curb cuts.

After she was charged, the City offered her a reduced sentence if she agreed to plead guilty. She insisted on her innocence and on Sandusky's failure to protect her civil rights, and so she went to trial.

At the request of other Independent Living Centers in Ohio, ACIL Director Gene Leber and I were present for most of the trial, and we saw first hand what "equal justice under law" can mean for people with disabilities; that "normal" people are often "more equal" than us.

Sandusky City Prosecutor Robert Delametre proved this point during the first day of the trial process, jury selection. One question he asked jury candidates was "Do you think that Kelly should be treated differently under the law because she is disabled?" without ever stopping to think that prosecuting her instead of prosecuting the City of Sandusky was treating her differently under law.

Judge Erich O'Brien supported this when he ruled that the Americans with Disabilities Act could not be considered during the trial, and that the child endangerment charge was the only issue on trial. In essence both the city and the "justice" system told Ms. Dillery that the ADA did not have equal standing with child endangerment laws.

In essence, Mr. Delemetre admitted (without realizing it) during the trial that the city was prosecuting her to cover up it's complete failure to comply with ADA. He stated that "This trial is not about Kelly, it's about [the safety of her daughter] Kelsi." On first glance this seems noble and just, but as the city's case collapsed under the weight of it's own contradictions and hypocrisy, the cover up became clear.

Throughout the trial, the tone of Judge O'Brien and Prosecutor Delametre remained cold and almost detached, almost as if they were not involved at all. But Ms. Dillery's defense attorney, K. Ronald Bailey, could not force himself to hide his anger as the absurdity of the child endangerment charges was exposed.

A main point at issue was whether Kelsi struck her head on a car mirror while on her mother's lap as they rode down the street together. Witnesses could not agree that this occurred, could not agree about what side of the street Kelly was on, and could not remember which way they moved their cars to clear a path for her. Witnesses said they filed written statements about the event, while police said they did not.

Recycled Equipment Donated for Independence
By Elizabeth Lilly, REDI Coordinator (redi@acils.com)

The Recycled Equipment Donated for Independence (REDI) Program is a partnership between the community and the Access Center for Independent Living (ACIL). REDI recycles durable medical equipment donated by citizens in the Greater Dayton area and distributes the equipment to persons who cannot afford to purchase it. The purpose of REDI is to make durable medical equipment available to persons with disabilities so that they might gain and maintain the maximum amount of control over their lives.

REDI receives more than 150 calls per month. Because of the heavy demand for equipment our inventory is always quite low on some items. The most frequent request is for wheelchairs, followed by electric hospital beds and then transfer/bath benches. Other items such as mattresses, walkers, hoyer lifts, scooters, quad canes and bedside commodes are also frequently requested items.

REDI needs your help! We have almost three dozen people on a waiting list: twelve for wheelchairs, seven for hospital beds, three for scooters, nine for bath benches and two for Gerry chairs. If you have any of the above named items please donate them to fellow citizens who need them.

REDI is here for you, too! If you need equipment and cannot afford to purchase it or if you have equipment that you would like donate call Liz at (937)341-5218. We can provide an excellent opportunity for you to share in the joy of helping others by including you in our volunteer team. We particularly need volunteers who have trucks or vans to pick up donated equipment that cannot be delivered to us. Additionally, anyone who would like to volunteer to repair equipment or help with inventory will be welcome.

Volunteers Needed
By April Tyree, Office Manager (april@acils.com)

ACIL is in need of volunteers for the following positions:

Library Assistant
To assist with updating our library and in organizing and arranging materials in alphabetical order

Office Assistant
Filing/copying, bulk mailings, assist staff with paperwork

REDI Assistant
Assist with equipment inventory, lifting, moving equipment, and answering/placing calls to consumers

Other Positions
Handy Person, Peer Mentors, Bulk Mailings, Personal Care Assistants

For more information, contact April at (937) 341-5202 or at (april@acils.com)

Job Opening: Information & Referral Specialist

The I&R Specialist searches for and supplies information for consumers and staff utilizing a database and other means in a timely and accurate manner. He or she reports to the System Administrator. The position is part-time and is limited to 20 hours per week (Five hours per day at four days per week). The salary is $6,000 per year.

Duties and Responsibilities:

Position Requirements: Minimum Qualifications: Send letter and resume to:
Access Center for Independent Living
Attn: Ryan L. Bush (System Administrator)
35 S. Jefferson
Dayton, OH 45402

We are an equal opportunity employer.

Preserve Civil Rights and Earn Money!

The Miami Valley Fair Housing Center is currently seeking honest, well-organized individuals of all ages, races, and nationalities to assist us in fulfilling our mission to prevent housing discrimination in the Miami Valley Area. We are particularly interested in recruiting individuals with disabilities.

We are hiring part-time housing discrimination testers to staff our testing program. The program includes a paid training session, excellent part-time pay, and flexible work times that are coordinated to your school or work schedule.

To participate in our program, You must: Be detail oriented; be a good listener and observer; have your own means of transportation; have a telephone; have no criminal record; have a desire to work on behalf of civil rights protections; have a desire to work and interact with, as well as demonstrate respect for individuals and groups without regard to race, religion, sex, color, national origin, sexual orientation, familial status, or disability. To schedule an interview, please call Chenise (937) 223-6035 and mention Access Center for Independent Living.

Disability Dispatch is A Bi-Monthly Publication of the
Access Center for Independent Living, Inc.

EDITOR
Ryan L. Bush (ryan@acils.com)

CONTRIBUTORS
Gene Leber / Tracy Mankins / Darrell Price
Janet Stiegler / Elizabeth Lilly / April Tyree
Wade Davis / Greg Kramer / Wayne Schneck

Disability Dispatch is published six times a year by the Access Center for Independent Living, Inc. Subscriptions are free on request to residents of Montgomery, Clark, Greene, and Preble Counties. All requests and address changes should be sent to the above address. We welcome articles for publication consideration. Any unsolicited materials must be accompanied by a self-addressed stamped envelope if the writer wishes it returned. All rights to published submissions in portions or in whole vest in ACIL. We reserve the right to publish, in whole or in part, any letter submitted to the Editor without prior written consent.

ACIL does not guarantee or endorse any products or services reviewed or advertised in this newsletter. Although carefully verified, data isn't guaranteed as to accuracy or completeness. Permission to reproduce any portion of this publication is granted provided proper credit is given to ACIL.

© 1999 Access Center for Independent Living
All Rights Reserved, Printed in the USA