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Professor Peter Blanck Discusses Americans with Disabilities Act

USINFO Webchat transcript, November 21

Professor Peter Blanck answered questions in a November 21 USINFO Webchat on disability legislation.

Following is the transcript:

U.S. DEPARTMENT OF STATE
Bureau of International Information Programs
USINFO Webchat Transcript:
Disability and Ability: The Rights of Person with Disabilities

Guest:     Peter Blanck
Date:       November 21, 2006
Time:      1:00 p.m. EST (1800 GMT)

IIP Moderator: We'd like to welcome you to today's webchat on U.S. society and the laws that protect the rights of the disabled with Syracuse University professor and chair of the Burton Blatt Institute Dr. Peter Blanck, and we thank Dr. Blanck for joining us.

You may begin sending Dr. Blanck questions at any time, and be sure to check back today between 18:00 and 19:00 GMT for his responses.

Don't forget to check out our newest eJournal, Disability and Ability, featuring an article written by Dr. Blanck.

Dr. Peter Blanck: Hello: I am honored and glad to participate in this event and I thank the sponsors. I look forward to our discussion, best, peter

Question [Law student]: I have a question related the mental disability law. I can not find proper information on types of institutions and facilities for mentally disabled people. What are some official and unofficial sources available to research this topic? Which federal law regulates or describes this issue?

A: Hi -- good question; the Bazelon Center on Washington DC specializes in this area; also, the Americans w/Disabilities Act does cover this area, particularly title II of the law.

Q [Law student]: Where can I find reports on human rights abuses in facilities and institutions for disabled people?

A: Another good question -- the Center for International Rehabilitation (CIR) is a good place to start; they in partnership w/us publish the IDRM -- International Disability Rights Reporters; see our website as well at http://bbi.syr.edu; you can contact our staff specialist in this area -- Maria Reina [on staff contact page].

Increasingly there are ADA disputes around such access issues; a good place for relevant information is Disability Rights Advocates (DRA) website at dralegal.com. Also, on our staff you could email Brian McLane -- see BBI website contact information, best, peter

Q [Steve Clemenson]: Dr. Blanck, what steps should be taken to ensure disabled parking laws are respected in the United States?

There is little to no enforcement by store owners, law enforcement, etc. The public knows that, to those without disabilities, the disabled are still looked upon with disdain. The same person who will ask if I need help lifting my wheelchair into my van will park in the HP space with no thought.

In my opinion, much of the judgment from the non-disabled comes from seeing a person with tags allowing them the parking privilege, getting out of their car from a HP space and then proceeding to walk the store for the next 30 minutes to an hour with no distress.

Thank you, Steve Clemenson

A: Hope you received my prior response.

Q [Marek]: I believe that technology can and is changing the very perception of ability and disability. Working outside of a traditional office is now very possible and a trend for the future.

Does U.S. law require the business sector to hire disabled workers who would work entirely from their home or hospital?

A: Excellent question -- answer under the ADA is that it could be possible depending on the circumstances; I presently am co-counsel in an ADA case involving website access of Target stores website, but implications for employment and tele-commuting as well. Important area for the future is web and technology access as well as home work as covered under the ADA [key is that you can do the job at home as well as in the office], courts have been split on this.

Q [Kuba]: The ADA is an important law for the US. Do you see laws like ADA taking a hold in other countries such as the former USSR? If you have had a chance to visit those countries, the picture is not pretty. For those in wheel chairs accessibility is a major problem. So how can US disabled activists help their counterparts in other countries?

A: Kuba -- good point; like you I travel around the world and you are right access varies tremendously; I am hopeful that with the new UN Convention on Disability Rights the situation will improve somewhat; also the EU is becoming more aggressive on access issues; I have been to St. Petersburg and your observation rings true.

Q [Martha]: The ADA was a monumental civil rights achievement that, I think, greatly changed the landscape of affairs for the disabled in the US.

Where does the US stand now as far as securing disability rights?

Is their need for more legislation or is their just a need to iron out the wrinkles in the system?

A: Good question -- ADA has been a mixed bag. Yes, physical world in US better, employment story more mixed; attitudes still key to change; recently a bill was introduced to restore the ADA's reach that some feel has been limited by the courts. Not sure if this will move forward but with the change in the congress may be possible. So, not sure if need new legislation but need better enforcement and support from the courts.

IIP Moderator: For information on the Americans with Disabilities Act and a link to the text of the act.

Dr. Peter Blanck: I think I am all caught up!

Q [Mary]: Are you aware of any international cases that have taken inspiration from the ADA?

A: Good question -- many such cases; for instance; in Europe, there was recently a case before the European courts on France's treatment of persons with autism. There is now a case in the UK on associational discrimination on the basis of disability, using the ADA as a touchstone -- several countries such as Israel and UK and Ireland follow aspects of the ADA in their newer laws.

Q [Shelley]: Other than continually illustrating the successful employment of qualified individuals with disabilities in the workforce, what do you think it will take to change corporate culture? In answering the many questions from employers we receive on our hotline, it is evident, I fear, that they want more info about the law in order to figure out a legal way to discriminate.

A: Excellent question Shelley -- you sound very knowledgeable about this area. You're right -- beyond the shadow of the law, corporate culture is a big area to understand. We have done quite a bit of research on corporate culture; our articles are available at http://bbi.syr.edu. Key also is to work w/corporate counsel to suggest ways to transcend the law and for their companies to make $!!

Q [Rosemary]: If someone is covered by the ADA, does that impact their serving in the US military?

A: Good question -- generally the ADA does not reach to the military; and, if I understood your question correctly, but not all people with disabilities if covered by the ADA [say in the private sector] should necessarily be excluded from military service.

Q [SmokyMtnWoman]: Parents of adults with significant disabilities in Texas are trying to create a whole town--New Danville--populated only by people with disabilities--and caregiver staff. It would be wholly contained--with access in AND OUT restricted. All activities would be on-site, with "field trips" for groups on occasion. I find this totally counter to the independence and community inclusion of people with disabilities. If Texas institutions transferred adults with disabilities to New Danville, wouldn't this be a violation of Olmstead?

A: Wow -- have not heard of this; to the extent that this was really a segregated community on the basis of disability [sponsored by the state] -- particularly when these folks could live in the community -- it could run afoul of Olmstead. Is there any public information on this?

SmokyMtnWoman: Yes, Peter. Information can be found on the internet fairly easily. As I understand, it would be a privately sponsored enterprise, but residents receiving state and federal support could be released by institutions into this self-contained community.

Dr. Peter Blanck: Interesting; to the extent that federal funds are involved to support clients or programs, either the ADA, section 504 of the Rehabilitation Act, or perhaps state law may be implicated. Perhaps, even the provision of Medicaid dollars would be enough to object to segregated services.

Q [Marek]: Dear Sir. Can you please explain "Olmstead"?

A: Sorry -- Olmstead is an important case decided by the US Supreme Court a few years back under the ADA, holding that unjustified segregation of people with disabilities in state institutions or programs violates the law's antidiscrimination provisions.

Q [Jackie2]: I hope I am not too late to join in. I am 51 and deal with ADHD/LD along with other disabilities. I have started an online administrative and creative business after a 30 year work history in the United States. I am married and currently live in England. I have been completely liberated in many ways through computers to cope with the mind versus fingers and verbal issues that 'lock the brain' but I still can not get grant money. Where can I find practical help to build a life through my business?

A: Hi to England -- your disability rights commission (DRC) has good information about this area. Perhaps go online and check out their website. Also, in the UK, I recommend the Employer's Forum on Disability (EFD), see their website for related information, they are located in London. Best, peter

IIP Moderator: Thanks to Dr. Blanck and all of our participants. Please take a look at our eJournal, Ability and Disability.

Dr. Peter Blanck: Thank you all and happy holidays!

IIP Moderator: A transcript of today's chat will be available on our USINFO Webchat Station at within one business day.

(Although guests are chosen for their expertise, the views expressed by the guests are their own and do not necessarily reflect those of the U.S. Department of State.)