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THE AFTERMATH OF GARRETT

VIEWS: 50 PAGES: 16

									*                                                                                                                                                           July 10, 2001                               1


                           Inside                                                Directory
                                                                                    Of                                    “We will treat Americans with disabilities as
                                                                                                                          people to be respected, rather than problems to
     The ADA at 11 — p. 8
                                                                                Organizations                             be confronted.”
     IDEA at 26 — p. 9                                                                                                                       — President George W. Bush
                                                                                 — Page 10




                                                                                                                                                                                      Permit No. 4766



                                                                                                                                                                                      Non-profit Org.
                                                                                                                                                                                       U.S. Postage
                                                                                                                                                                                        Mpls. MN
                                                                                                                                                                                          PAID
Volume 12, Number 7                                                     SOURCES                           RESOURCES                                                               July 10, 2001



THE AFTERMATH OF GARRETT:
                                                                                                    MN TAKES THE LEAD IN WAIVING STATE
                                                                                                    IMMUNITY
                                                                                                    by Kathleen Hagen

                                                                                                    R     eaders will remember
                                                                                                          the Supreme Court’s
                                                                                                    decision in University of
                                                                                                                                     states which accepted federal
                                                                                                                                     funding for public education
                                                                                                                                     might have waived their right
                                                                                                                                                                        states:...” [This was followed
                                                                                                                                                                        by a comprehensive list of
                                                                                                                                                                        civil rights statutes including:
                                                                                                    Alabama Board of Trustees        to claim immunity to suits         the Fair Labor Standards Act,
                                                                                                    vs. Garrett discussed in an      under the Individuals with         the Equal Pay Act, Title VII
                                                                                                    article in the March 2001        Disabilities Education Act         of the Civil Rights Act, Title
                                                                                                    Access Press. In that deci-      (IDEA).                            IX of the Civil Rights Act,
                                                                                                    sion, the Supreme Court said                                        Title VI of the Civil Rights
                                                                                                    states were immune from           Minnesota Only State to           Act, Sections 1981 through
                                                                                                    private lawsuits by state            Waive Immunity                 1988 of the Civil Rights Act,
                                                                                                    employees for monetary dam-                                         the Age Discrimination in
                                                                                                    ages. This decision followed     The third way states could         Employment Act, the Fair
Legislative Session Review:                                                                         a line of decisions limiting
                                                                                                    rights under other Civil
                                                                                                                                     waive immunity to be sued is
                                                                                                                                     by expressly stating in legis-
                                                                                                                                                                        Housing Act, the Rehabilita-
                                                                                                                                                                        tion Act, the Americans with
Budget Means Big Changes For                                                                        Rights and Labor Statutes.       lation that they consented to
                                                                                                                                     be sued under specifically-
                                                                                                                                                                        Disabilities Act, the Reli-
                                                                                                                                                                        gious Lands Use and Institu-
Disability Community                                                                                Legislators and activists in
                                                                                                    various states have tried to
                                                                                                                                     stated federal statutes. Sev-
                                                                                                                                     eral states have introduced
                                                                                                                                                                        tionalized Persons Act, the
                                                                                                                                                                        Family and Medical Leave
by John Tschida                                                                                     come up with ways to restore     bills which, if passed, would      Act, and various whistle-
                                                                                                    some of the rights removed       waive this immunity. Minne-        blower remedies under envi-
A     voiding a government
      shutdown by the nar-
rowest of margins, state
                                  An additional Medical Assis-
                                  tance rate increase was ap-
                                  proved for skilled nursing
                                                                   those earning 300 percent of
                                                                   FPG and above. Previously,
                                                                   only individuals earning 200
                                                                                                    by these decisions. Remem-
                                                                                                    ber that these decisions were
                                                                                                                                     sota is the only state which
                                                                                                                                     has passed legislation this
                                                                                                                                                                        ronmental protection stat-
                                                                                                                                                                        utes.]
lawmakers adopted a new           facilities that will pay an      percent of FPG faced a           interpreting—more conser-        term which may alleviate
health and human services         increased per diem rate for      premium charge, at a flat rate   vatively than previous deci-     some of the problem. This          The bill went on to include
budget June 29. The proposal      the first 90 days of an          of 10 percent of income          sions had—the 11th Amend-        bill was one of the few            another section whereby the
includes many changes that        individual’s stay. The hike,     earned above this level.         ment of the United States        actually signed by the Gover-      state would agree to be sued
will affect the disability        20 percent for the first 30                                       Constitution barring suit in     nor during the 2001 legisla-       in federal court regarding all
community. What follows is        days and 10 percent for days     Individuals enrolled in the      federal court against states.    tive session. Minnesota’s          of their state civil rights
a cursory description of the      60-90, will especially aid       MA-EPD program who must          Generally, in order for states   legislative approach differed      statutes. This was a wonder-
bill’s major components.          facilities such as Courage       discontinue work due to a        to be said to have waived        from that of the other three       ful bill from a plaintiff’s
Please watch future issues of     Center and Trevilla of           medical condition will re-       their immunity they must         states which got bills before      point of view, but it probably
Access Press for details on       Robbinsdale with a high          main eligible for the program    meet one of three tests.         their legislature for a vote. I    scared legislators to death,
the following and other           percentage of residents with     for four months. Previously,                                      will discuss the bills in the      and it didn’t pass. However,
subjects.                         disabilities covered by Medi-    individuals were disenrolled     The first way for states to      other states first.                with such inclusive language,
                                  cal Assistance.                  after two months. The change     have waived immunity to be                                          Rhode Island (and some
Direct care staff crisis: Cost                                     will prevent a spend-down        sued, would be that the                  Rhode Island               other states) have started the
of living increases of 3          Medical Assistance for Em-       from occurring until the fifth   Congress must have ex-                                              process of creating coalitions
percent were earmarked in         ployed Persons with Dis-         month after a work cessation.    pressly intended by the          The most sweeping legisla-         among various groups af-
each of the next two fiscal       abilities (MA-EPD): A new                                         legislation to waive states’s    tion was introduced by Rhode       fected by civil rights statutes
years for nursing homes and       premium structure will take      Additionally, those who leave    immunity to a federal law-       Island. Apparently, their ap-      which may lead to passage of
home and community based          effect November 1, 2001, for     the program will have any        suit, and the Congress must      proach was to try to fix all the   some portion of that legisla-
providers. Workers at Inter-      those enrolled in this state     accumulated assets frozen        have had the authority to        problems which could occur         tion at some future time.
mediate Care Facilities for       program which allows people      for one year. This will allow    waive such immunity. In          with any civil rights statute
Persons with Mental Retar-        with disabilities to work, yet   for any savings to stay          Garrett and other recent         before the Supreme Court                     California
dation (ICF-MRs) and day          still retain Medical Assis-      intact—avoiding the need to      decisions involving other        reduced any of those rights
training and habilitation pro-    tance coverage. While less       liquidate savings to meet the    Civil Rights Statutes, the       further. Their legislation         California’s approach to this
viders will see 3.5 percent       draconian than the governor’s    MA $3,000 asset limit—in         Supreme Court said Con-          stated, in part, “The state        legislation was similar to
gains during the same period.     original proposal, the change    the event of a work separa-      gress intended to waive          consents to be sued in state or    Rhode Island’s, but not
The funds are designed to         will increase monthly premi-     tion.                            immunity to lawsuits against     federal court by its employ-       nearly as broad in scope.
stem the flow of workers          ums for an estimated 4,000                                        the states, but that Congress    ees and any other proper           California seems to have paid
leaving these critical jobs for   individuals with disabilities.   Income standard increase:        didn’t have the authority to     parties seeking to enforce         special attention to the possi-
more lucrative paychecks          Those with incomes at 100        Individuals earning up to 100    waive such immunity.             rights and obtain remedies         bility of eroding Title II of
elsewhere. Two-thirds of          percent of Federal Poverty       percent of FPG will be able to                                    afforded by the following          the Americans with Disabili-
these dollars must be spent       Guideline (FPG) will pay a       retain their monthly earnings    The second way states could      federal statutes and their         ties Act. The bill read, in part,
on salary or compensation,        premium equal to 1 percent       (up to about $716) without       waive immunity was to            regulations when the United        “(a) The state of California
which includes wages and          of total income. Graduated       spending down their income       implicitly waive immunity by     States Congress has indi-          consents to be sued in state or
health premium costs in-          increases will cap at 7.5        in order to qualify for          accepting funding under fed-     cated its intent that such         federal court by any person
curred by employers.              percent of total income for                                       eral statutes. For example,      statutes be applicable to the      Garrett - cont. on p. 13
                                                                   Budget - cont. on p. 9


*                                                                                                                                                                                                   *
*
2             July 10, 2001

 Tim Benjamin & Jeff Nygaard                                                                        able and committed advo-
                                                                                                    cates who are also good
                                                                                                                                                    On page 8 we see John
                                                                                                                                                    Tschida’s byline again, as he
                                                                                                                                                                                     incidence of these disabling
                                                                                                                                                                                     injuries.     Since President
                                                                                                                                                                                                                        Access Press this month says
                                                                                                                                                                                                                        goodbye to editorial assis-
          Editors                                                                                   writers, AND who are willing                    gives us a great summary of      Bush halted the implementa-        tant Nathan Halvorson.
                                                                                                    to volunteer their time to                      some of the major develop-       tion of national ergonomics        Nathan was here through
                                                                                                    inform our readers. A big                       ments in regard to the ADA       standards, it may be up to the     some very tough times, and
                                                                                                    Thank-You to these writers!                     over the past year. Sue Ab-      states to protect workers from     stuck with the ship through
                                                                                                                                                    derholden commemorates the       these often easily-preventable     the illness and death of
                                                                                                                   ***                              26th anniversary of the pas-     injuries.                          Charlie Smith. Thanks for
                                                                                                    On page 1, disability law                       sage of IDEA with an account                   ***                  your hard work and loyalty
                                                                                                    attorney Kathy Hagen high-                      on page 9 of an exciting         The Directory of Organiza-         to the paper, Nathan. You’ll
                                                                                                    lights the actions taken by                     national conference on           tions appears on pages 10 and      be missed!
                                                                                                    Minnesota to guarantee state                    implemenation of IDEA that       11 this month.         Regular                  ***
                                                                                                    workers their rights under the                  took place last month. Sue       readers will notice that it is     After months of assessing
 J   ust as we were going to
     print, Access Press was
 informed of the sudden
                                                 Grand Forks. We have lost
                                                 another strong voice for civil
                                                 rights. In the August issue, we
                                                                                                    ADA. This major news went
                                                                                                    almost entirely unreported in
                                                                                                                                                    also gives an overview of
                                                                                                                                                    special education in Minne-
                                                                                                                                                                                     longer, due largely to the fact
                                                                                                                                                                                     that we are now listing E-mail
                                                                                                                                                                                                                        the adequacy of our current
                                                                                                                                                                                                                        office space, we have de-
 death of disability activist                    will carry a profile of Jay and                    the major media. Also on                        sota in the year 2001. Happy     addresses for many of the          cided to move. The new (and
 Jay Johnson. Director of                        his years of activism.                             page 1, John Tschida reflects                   Birthday, ADA and IDEA!          groups.      Also, we have         larger) space is in the same
 OPTIONS Resource Center                                                                            on the just-ended and some-                                   ***                rearranged the Directory, list-    building, in Suite S-104 (at
 for Independent Living in                                                                          what bizarre 2001 legislative                   Part 2 of Amy Farrar’s series    ing groups alphabetically by       the south end, near the bus
 East Grand Forks, Jay has                       This month we have no fewer                        session. We fully expect to                     on Repetitive Motion Disor-      category rather than in one big    stop). Phone, fax, and E-
 been an outspoken advocate                      than four major articles con-                      have more on this in the                        ders appears on page 12. This    list. We hope it is more usable    mail should remain the same.
 for equal access for people                     tributed by advocates in the                       August edition, once we have                    month, Amy looks at what the     this way. Let us know what         Watch future issues of Ac-
 with disabilities. His funeral                  community. How lucky we                            some time to sort through the                   states and the federal govern-   you think.                         cess Press for an announce-
 will be Monday, July 9 in                       are to have such knowledge-                        details of this unusual session.                ment are doing to reduce the                   ***                  ment of our open house.
                                                                                                                   ***


             Nominations Sought                                                                                                                           Two New Products For
             For Awards Program                                                                                                                               Blind People
                                                                                                            Tiger Advantage                                                                   Letter Art                feature. Sighted users can

O      ctober is Minnesota Dis-
       ability Employment and
Awareness Month. This is an
                                                                      and building accessible, af- Many blind students and
                                                 ation. Awards have been
                                                                      fordable housing.
                                                 presented to educators, local
                                                 communities, physicians, and
                                                                                                      professionals rely on braille
                                                                                                      to read educational and work-
                                                                                                                                                                                     Letter Art allows users to do
                                                                                                                                                                                     more distinctive graphical
                                                                                                                                                                                     layouts than can be achieved
                                                                                                                                                                                                                        draw a sign, a map, and much
                                                                                                                                                                                                                        more, and have Letter Art
                                                                                                                                                                                                                        automatically provide braille
ideal time to highlight indi-                                         Nomination forms and infor- related documents. Braille
                                                 legislators. Employer Awards                                                                                                        with standard Windows pro-         labels. Letter Art can print a
viduals, groups and busi-                                             mation on the awards and versions of these documents
                                                 are presented to both a large                                                                                                       grams alone. For example,          copy of a map or diagram and
nesses that have worked to                                            recognition program are avail- are produced with a braille
                                                 and a small employer who                                                                                                            until recently, blind people       then have Tiger Advantage
“expand opportunities, in-                                            able from the Minnesota State embosser attached to a per-
                                                 recognize the skills and abili-                                                                                                     had virtually no access to state   emboss the same information
crease quality of life and                                            Council on Disability’s of- sonal computer. The braille
                                                 ties of people with disabilities                                                                                                    maps, college campus maps,         to achieve a document with
empower people with dis-                                              fice, 121 E. 7th Place, Suite embosser was developed at
                                                 by providing competitive em-                                                                                                        and transit maps. Now, Letter      print and braille.
abilities.”                                                           107, St. Paul, MN 55101 or the Massachusetts Institute of
                                                 ployment opportunities and                                                                                                          Art, a commercial sign layout
                                                                      call 651-296-6785 V/TTY in Technology in the late 1960s
                                                 good working environments.                                                                                                          program, includes a braille        Products - cont. on p. 6
The Minnesota State Council                                           the Metro area. In Greater This vital piece of equipment
                                                 Recognition has been given to
on Disability’s Award and
Recognition Program is one
                                                                      Minnesota dial 1-800-945- has changed very little over
                                                 communities who have dem-
                                                                      8913. The fax number is 651- the past 3 decades. Now,
                                                 onstrated leadership by in-
                                                                                                                                                                                     President Signs
of the highlights of the                                              296-5935. The Council’s braille enters the new millen-
                                                 cluding disability issues in
month’s awareness activities.
The Council presents awards
                                                                      email
                                                 their human rights commis-
                                                 sion agendas, making neces-
                                                                                   address        is: nium with new equipment.
                                                                      council.disability@state.mn.us. The Tiger Advantage—a new
                                                                                                                                                                                     Olmstead Order
in a wide range of categories                    sary improvements to physi-                          braille and tactile graphics                                                   by Nicole Roberts
from accessibility to recre-                     cal and program accessibility,                       embosser—lets blind people
                                                                                                      use popular computer soft-                                                                                        ensure full implementation of
                                                                                                      ware like Microsoft Word and
                                                                                                      Microsoft Excel to write and
                                                                                                                                                                                     A    fter ADAPT protestors
                                                                                                                                                                                          picketed the White
                                                                                                                                                                                     House in mid-May, President
                                                                                                                                                                                                                        the Supreme Court’s ruling in
                                                                                                                                                                                                                        the Olmstead case and com-
                                                                                                      immediately emboss docu-                                                       Bush signed an Executive           pliance with the ADA.On
                                                      SPECIALIZED TRANSPORTATION                      ments. Tiger Advantage em-                                                     Order that will actively pro-      June 22, 1999, the Supreme
                                                                                                      bosses quality graphics, at 20                                                 mote community-based alter-        Court held in it’s landmark
                                                              612-529-5019                            dots-per-inch, directly from                                                   natives—rather than institu-       Olmstead decision that Title
                                                                                                      any Windows application that                                                   tions—for individuals with         II of the ADA requires states,
                                                      MEDICAL ASSISTANCE PROVIDER                     will print to a Windows                                                        disabilities. The Order, ex-       whenever possible, to place
                                                                                                      printer.                                                                       ecuted on June 18, 2001,           qualified individuals with
                                                                                                                                                                                     directs federal agencies to        mental disabilities in commu-
                                                                                                                                                                                     work closely with states to        nity settings rather than in
                                                                                                                                                                                                                        institutions. The Executive
                                                                                                                                                                                                                        Order refers to all Americans
                                                                                                                                                                               MSCOD                                    with disabilities, going be-
                                                                                                                                                                                                                        yond the Supreme Court’s
                                                                                                                                                                                                                        ruling in Olmstead, which
                                                                                                                                                                            NEED HELP WITH:                             limited its decision to indi-
                                     ACCESS PRESS                                                                                                            • Employment?     • Housing?
                                                                                                                                                                                                                        viduals with mental dis-
                                                                                                                                                                                                                        abilities.According to a state-
Co-Founder/Publisher (1990-1996) .................................................................... Wm. A. Smith, Jr.
Co-Founder/Publisher/Editor-in-Chief (1990-2001) ......................................... Charles F. Smith                                                  • Health Issues?  • Education?                             ment made by President Bush
Editor ............................................................................................................................. Jeff Nygaard            • Transportation? • Access?                                on June 19, 2001, “The
Editor – Designate ...................................................................................................... Tim Benjamin                                                                                  Olmstead Executive Order
Cartoonist ....................................................................................................................... Scott Adams                                                                          will increase freedom for
Production ............................................................................ Presentation Images, Ellen Houghton                                                   Contact                                   people with disabilities. It is
Editorial Assistant ............................................................................................... Nathan Halvorson
                                                                                                                                                          The Minnesota State Council                                   now the federal official policy
ACCESS PRESS is a monthly tabloid newspaper published for persons with disabilities by Access                                                                                                                           of my administration. Amer-
Press, Ltd. Circulation is 11,000, distributed the 10th of each month through more than 200 locations
statewide. Approximately 650 copies are mailed directly to political, business, institutional and civic
                                                                                                                                                                 on Disability                                          ican’s must have the opportu-
leaders. Subscriptions are available for $15/yr.                                                                                                                Your Source for information,                            nity to live independently,
Editorial submissions and news releases on topics of interest to persons with disabilities, or persons                                                   referral, training and technical assistance.                   work productively and par-
serving those with disabilities, are welcomed.                                                                                                                                                                          ticipate fully in community
Paid advertising is available at rates ranging from $14 to $18/column inch, depending on size and                                                            651-296-6785 or 1-800-945-8913                             life.”
frequency. Classified ads are $8.00, plus 35 cents/word over 20 words.
                                                                                                                                                                       Voice or TTY                                     The full text of the executive
Advertising and editorial deadlines are the 30th of the month preceding publication; special scheduling
available for camera-ready art.                                                                                                                             email: council.disability@state.mn.us                       order “Community-based Al-
ACCESS PRESS is available on tape. Call MN State Services for the Blind, 651-642-0500 or 800-652-                                                             website: www.disability.state.mn.us                       ternatives For Individuals
9000.                                                                                                                                                                                                                   With Disabilities” is available
Inquiries should be directed to: ACCESS PRESS • 1821 University Ave. W. • Suite 185N • St. Paul,                                                           Quality • Dignity • Independence                             online at http://www.white
Minnesota 55104 • (651) 644-2133 • Fax (651) 644-2136 • E-mail: access@mninter.net.                                                                                                                                     house.gov/news/releases/
                                                                                                                                                                                                                        2001/06/20010619.html


*                                                                                                                                                                                                                                                  *
*                                                                                                                                                                   July 10, 2001                           3

Historian Speaks On                                                                                           IN BRIEF . . . .
Sterilization In Minnesota                                                                                 ACT Sponsors Workshop Of Songs
                                                                                                           Remembering With Dignity songs that capture the spirit of event will be held in the
by Rick Cardenas and Nathan Halvorson                                                                      and Advocating Change To-        the work of Remembering             Christensen Center at Augs-
                                                                                                           gether will holding “Music       With Dignity. The goal of the       burg College, 2211 Riverside
                                                                         Ideas popularized by Dight
M       olly Ladd-Taylor, a
        historian at York Uni-
versity in Toronto, Canada,
                                   the major factors most often
                                   associated with the practice is
                                   eugenics. Dr. Charles Dight
                                                                         and others at the time touted
                                                                         the benefits of eugenics and
                                                                                                           For Social Change” aday of
                                                                                                           singing and songwriting this
                                                                                                           month. Participants will sing
                                                                                                                                            workshop is to promote dis-
                                                                                                                                            ability as a civil rights strug-
                                                                                                                                            gle, celebrate our power, our
                                                                                                                                                                                Ave. in Minneapolis, Satur-
                                                                                                                                                                                day July 21 from 9:00AM to
                                                                                                                                                                                5:00PM. For registration call
visited a Remembering with         was the leader of this move-          forced sterilization in reduc-    songs from other civil rights    culture, and our ability to         RWD at 651-641-0297.
Dignity (RWD) board meet-          ment in Minnesota, aimed at           ing poverty, crime, and he-       struggles and create new         create a more just society. The
ing at Advocating Change           ridding society of the so-            reditary defects.     Families
Together (ACT) on June 19,         called “unfit.” He founded            thus faced many social pres-      Disability Law Workshops
2001, after finding ACT’s          the Minnesota Eugenics Soci-          sures to consent to the           ADA Minnesota and Minne- Mankato. On August 7 and 8 Ann Roscoe, ADA Minne-
website at www.selfadvocacy.       ety at the University of              sterilizations. In addition,      sota State Rehabilitation Ser-   workshops on the Minnesota          sota, c/o MCIL, 1600 Univer-
com. She met with eight            Minnesota, wrote a fan letter         social standards in 1925 were     vices are co-sponsoring three    State Human Rights Law and          sity Avenue, #16, St. Paul
board members as part of her       to Hitler, and brought state-         conservative, as unmarried        workshops on disability law      the Americans with Disabili-        MN 55104, 651-603-2015
research into the sterilization    wide attention to the idea of         mothers, for example, were        in August. On August 6, ADA      ties Act will be held in St. Paul   (V), 888-845-4595 (V, toll-
of women that occurred to          “the menace of the feeble-            routinely determined “feeble-     101, an introduction to the      and Brainerd.                       free), 651-603-2001 (TTD)
people under legal state           minded.”                              minded” by county probate         Americans with Disabilities                                          or 651-603-2006 (fax).
guardianship and to people in                                            judges, brought under state       Act, will be held in North       For more information, contact
institutions from the 1920’s       In addition to eugenics, po-          guardianship, and often steril-
through 1975.                      tential cost-savings for the
                                   state were used to justify
                                                                         ized. As a result, nearly two
                                                                         thousand people had been
                                                                                                           Self-Advocacy Conference
At the meeting, Ladd-Taylor        sterilizations.    Proponents         sterilized in Minnesota by        The theme of this year’s         dates are September 14-15 apolis. Contact Arc Hennepin-
had a chance to talk with          claimed these operations              1950.                             Metro Self-Advocacy Con-         and the location is the Carver for more information:
Gloria Steinbring, a RWD           would, for example, poten-                                              ference is Empowerment and       Doubletree Park Place Hotel, 952-920-0855.
board member who was               tially reduce welfare costs and With her research, Ladd-                Fun in 2001. Conference          off highway 394 in Minne-
sterilized against her will.       the budgets of state institu- Taylor aims to show that the
Steinbring tells of her per-       tions.                          painful consequences of the             Headwaters Fund Walk For Justice
sonal loss, “I had no say in it.                                   sterilizations of people like
                                                                                                           Join with activists, commu- waters Fund, the walk exists be held on Thursday, August
Everyday, I think about a          In 1925, sterilization became Gloria Steinbring continue
                                                                                                           nity groups and their support-   to raise money and visibility 16 at 5 pm. For more infor-
child. Would it have been a        legal through the MN eugen- for many years beyond the
                                                                                                           ers at Boom Island Park on       for non-profit groups working mation, contact Headwaters
boy or a girl? What would it       ics sterilization law. The actual sterilizations, which
                                                                                                           Sunday, September 16, 2001,      for social change. An infor- Fund at 612-879-0602.
look like? Would it have a         terms of the 1925 law called are no longer legal. Instead,
                                                                                                           for the annual Walk for          mation session: Raise More
disability or not?” Ladd-          sterilization “permissive,” the plight of these “unfit”
                                                                                                           Justice. Sponsored by Head-      Money for Your Group, will
Taylor suggested that              meaning that it was not people came as a result of, as
Steinbring seek legal recom-
pense—not only for her own
                                   limited to institutionalized Ladd-Taylor states, “the most
                                   people and included anybody vulnerable members of a
                                                                                                           UCPAA Changes Name
well-being, but also as a way      for which legal guardianship community not having access                The United Cerebral Palsy        which has traditionally served      disability groups that con-
of ensuring that the practice of   went to the State Board of to the services and resources                Athletic Association has re-     groups dealing with cerebral        tinue to be underserved in the
sterilization is not repeated on   Control. While sterilizations they need.”                               cently changed its name to the   palsy, traumatic brain injuries     areas of sports, recreation,
other people.                      were also termed “voluntary,”                                           National Disability Sports       and strokes. The more generic       and fitness for the physically
                                   and typically required con- Remembering with Dignity                    Alliance (NDSA). The change      name will enable the organi-        disabled. Contact NDSA at
Specifically, Ladd-Taylor’s        sent from a family member, and Ladd-Taylor discussed                    is intended to broaden the       zation to reach out to other        401-792-7130.
research concerns the many         the State reserved the right to the importance of the state             base of the organization,
factors which influenced ster-
ilizations for the “feeble-
                                   give consent for any person taking responsibility to change
                                   over whom the state claimed and to avoid such misuses of                Cycling Camp                                Mark Hughes’
minded” (as they were then
termed by the state). One of
                                   legal guardianship.             power in the future.
                                                                                            The U.S. Association of                                 Disability Viewpoints
                                                                                            Blind Athletes is playing host
                                                                                            to the 2001 Disabled Cycling     August 1   1 am & 9 am, SHC*

The Social Security                                                                         Team Development Rider
                                                                                            Camp at the U.S. Olympic
                                                                                                                             August 7
                                                                                                                             August 8
                                                                                                                                        5 pm, SHC part II
                                                                                                                                        1 am & 9 am, SHC part II repeated
                                                                                                                             August 14 5 pm, SHC part II repeated
                                                                                            Training Center in Colorado
Work Site                                                                                   Springs, Colorado. Physi-
                                                                                            cally disabled cyclists ages 15
                                                                                                                             August 15 1 am & 9 am, SHC part II repeated
                                                                                                                             August 21 5 pm, ADS*
                                                                                                                             August 22 1 am & 5 pm, ADS repeated
                                                                                            and older are invited to the
by the Social Security Administration PASS Cadre                                                                             August 28 5 pm, ADS repeated
                                                                                            training center to hone their
                                                                                                                             August 29 1 am & 5 pm, ADS repeated
S    ocial Security’s website, to-access location,” says Joani If you do not have access to skills in road and track racing.
     The Work Site, brings Werner of the PASS Cadre, the Internet and want to know
information on hiring people adding, “The website is fully more about Social Security’s For information on the camp,
                                                                                                                                   *SHC=Shriner’s Hosp for Children
                                                                                                                                    ADS =Attention Deficit Syndrome
with disabilities to employers accessible for all people with employment support pro- contact USABA at 719-630-
looking for workers and to disabilities. Fewer than 5 grams, call 1-900-772-1213 0422 or Peter Paulding at                                               651/642-4188
Americans with disabilities percent of all Internet sites are (TTY: 1-800-325-0773) and 508-553-2804 or paulding@
looking for jobs. Readers can accessible to people who are ask for the publication, Work- usa.net.                                             •     KSTC TV Ch 45 9 a.m.
                                                                                                                                                              •
go to www.ssa.gov/work and visually or hearing impaired ing While Disabled - How We

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*                                                                                                                                                                                                         *
*
4         July 10, 2001

Religion and Disability                                             On Mental Illness/Brain Disorders
He Gave Me Life The Six Inches In Front
                Of Your Face
by John Schatzlein

K     irk Kilgour was an Olympic medallist and volleyball
      player. After sustaining a spinal cord injury that left him
quadriplegic, Kirk has continued his involvement in the sports
                                                                    by Pete Feigal
world in Italy where he played professionally. He has also
appeared here in the United States as an analyst on various
sports shows. Another endeavor Kirk undertook was writing,
                                                                    I    was given the honor of
                                                                        speaking at a hospital for
                                                                    people in crisis. There was a
                                                                                                        me better,” sometimes it was
                                                                                                        even worse. It was like I was
                                                                                                        on fire, and the therapist was
                                                                                                                                         row, next week, next year,
                                                                                                                                         “when I grow up,” that’s when
                                                                                                                                         I believed that I wouldn’t be
                                                                                                                                                                            his cheek. And then another
                                                                                                                                                                            joined it, and another, and
                                                                                                                                                                            another, until he was weeping.
including poetry. In a recent issue of Complete Mobility, a         man there whose face and            describing the flames to me. I   able to handle what I’d be         And his mask melted. No one
national magazine focused on disabilities, Kirk tells his           eyes were drained of all            told him that sometimes          given then.                        spoke or tried to make him
account of accepting an invitation to meet Pope John Paul II at     emotion, mask-like from the         thinking about the future,                                          “better.” No one offered him a
the Vatican in Rome. This is a very inspiring article that I        constant numbing pain he was        about ever getting “well,”       I sat in the chair next to him     Kleenex to wipe away his
recommend to Access Press readers.                                  living in. A face that I know so    about having a “normal,” life    and took his hand and told         tears, because those tears
                                                                    well, because I had to shave        was too painful, and only        him to just sit with me. Not to    were not waste, not dirty, not
One of the reasons for His Holiness’ invitation was a poem          one just like it for over ten       dragged me deeper into de-       think about the future, or his     shameful in any way. His tears
Kirk wrote about his evolving acknowledgment of his spinal          years. A face I almost forgot,      spair and fear.                  wife, or tomorrow, or next         were more precious than
cord injury and how he felt about his life as “one of us.” His      because I couldn’t look in a                                         week—just to sit with me           diamonds. We who’ve lived
poem follows and, in my mind, shows his Spirituality, serving       mirror for over four years. It’s    Fear is one of the most useful   right now and feel my hand in      there know that tears are
as an example to me. Kirk says he does not wear faith on his        hard to describe—to someone         tools “hardwired” into our       his. I told him that, right now,   good. We’ll take tears. We
sleeve, but his poetry says there is depth to Mr. Kirk Kilgour.     who hasn’t experienced that         genetic code. The “fight or      at this instance, he wasn’t        just stayed in the moment,
                                                                    kind of pain—how when you           flight” response is one of       alone, that there wasn’t any-      healing each other, warming
I asked God to let me be strong                                     hurt so bad for so long, you        the key reasons our species      thing wrong with him, that he      our hands in the glow of our
   to accomplish grandiose projects:                                reach an even more terrible         still walks on this planet and   was perfectly fine the way he      collective presence.
   and he made me weak to keep me humble.                           place where you don’t feel          why saber-toothed tigers         was. I told him what my
I asked God to make me healthy                                      anything at all.                    don’t. But fear can also be the  beloved old group leader           One of the most terrible things
   to realize imposing enterprises:                                                                     key reason that so many of us    George always used to say:         about mental illness is how it
   and He gave me Pain to better understand.                        This man surprised me by            constantly armor our hearts      “I’m not OK, you’re not OK,        tries to make us scale our
I asked Him for wealth to possess everything:                       being the first one to volun-       against any kind of contact,     but that’s OK!”                    dreams, hopes, commitment,
   and He left me poor not to be selfish.                           teer something. He told me          even when there is nothing to                                       and faith down to the level of
I asked Him for power to be needed by others:                       that he had so much pain and        fear.                            I asked if he could feel my        our immediate experience,
   and He gave me humiliation so that I would need them.            fear he couldn’t see any                                             hand and see my eyes and           which is the suffering and hell
I asked God everything to enjoy life:                               future, that he had lost all        If grief is our response to pain sense that he was not alone,       of our pain. Sometimes all we
   and He gave me life so that I could enjoy everything.            hope, that he couldn’t even         in the past, then fear must be a and he said that he could, but     have is right now, this instant,
Lord, I didn’t get everything I needed                              feel or cry, he hurt so terribly.   response to pain in the future. “What about this evening            to not go into the future, to not
   almost against my will.                                          I told him that sometimes,          At least that’s where my fear when you’ll be gone?” And I           dwell on the past. To simply
The prayers I didn’t Pray were granted.                             when I was in such a hellish        has come from. I always told him that right now all we              experience what we have
Be praised, God. Among all men,                                     place, when people tried to do      seemed to be able to handle have is right now. Worry                been given at this exact
No one possesses more than I possess.                               “therapy” with me, tried to         what I was given at any about this evening when it’s                second, and be with whom-
           Kirk Kilgour                                             reason or talk me out of my         immediate time, but when I this evening. Worry about                ever we are with at the time,
           (Translated by Kilgour and an Italian friend.)           pain, tried to fix me or “make      looked into the future, tomor- next week when it’s next             be it a crowd at the Metro-
                                                                                                                                         week. But right now, just feel     dome, our best friend, or even

Letter To The Editor . . .                                                                                                               that we’re together. Not
                                                                                                                                         asking for anything, not ex-
                                                                                                                                         pecting anything. Not keeping
                                                                                                                                                                            just our own company—
                                                                                                                                                                            maybe that’s one of the
                                                                                                                                                                            definitions of “life.” Staying
Letter to the Editor:             There are no curb cuts, and apologetically, could offer no            Beware of Advanced Chiro- score. Just being together.               in the moment, staying alive
It never occurred to me that a    the non-electric double doors solution. I regret not being            practic!                                                            for the next five seconds, and
chiropractic office would not     are nestled behind a retaining able to visit him.                                                      One of the other patients came     then the next, and then the
be accessible, but one such       wall with about three feet of                                         Julia Fearing, Minneapolis       over and, without a word,          next. Living with the “six
office, Advanced Chiroprac-       clearance!                                                                                             knelt beside his chair and took    inches in front of our face,” as
tic in Golden Valley, is hardly                                                                                                          his other hand. Then another       the soldiers in Vietnam used
accessible. My transportationI had been seeing the kind and                                                                              one came and joined us, then       to say, is sometimes all we can
company, Metro Medical,      competent Dr. Roll for prob-                                                                                another, then another. The         do. Maybe helping each
refuses to take me there.    lems with my wheeling wrist                                                                                 group leader came, and the         other—our best friend, a total
                             for about four weeks when the                                                                               head nurse came, and all of        stranger—to get through the
For one thing, the rooms are drivers began to refuse to                                                                                  the rest of the staff. Maybe       next five seconds, to make
very small, too small for a carry me there. I spoke with                                                                                 even the janitor, I don’t know,    those five seconds heaven
large electric wheelchair. him on the phone, and he,                                                                                     there were so many of us, but I    instead of hell, maybe that’s
                                                                                                                                         wouldn’t be surprised.             why we’re here.

                                                                                                                                         And a single tear appeared in Sometimes the next five
                       M.I.L.S.                                                                                                          this man’s eye. It rolled down seconds is all we’ve got. And
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*                                                                                                                                                                                                       *
*                                                                                                                                                              July 10, 2001                          5


                   Hello Nicole:
                                                                                                          Disability Culture

Dear Nicole,                      I hope you can realize how          rough, that client will know        Leadership Crisis In The
                                  important your thoughtful-          that you care. Talk to your
I work in a nursing home and I
wonder sometimes how resi-
                                  ness is to the people you work
                                  with. Even your intention of
                                                                      clients, apologize for having
                                                                      to hurry, tell jokes, ask them if
                                                                                                          Disability Community
dents who can’t communicate       wanting to help residents be        you think something you’ve          by Lolly Lijewski
feel when I’m washing or          more comfortable is so rare in      done may have bothered them
dressing them. Sometimes I        these types of institutions. It’s   (even if they can’t answer) –       Part 1 of a 2 part series.      rily a legislative focus and an center of the screen, and take
know they don’t like it at all,   natural that, as a compassion-      communicate. If possible,                                           approach of incremental less than half of the right side
but it’s a dilemma because
I’m in such a hurry because
                                  ate person, you would feel
                                  discouraged that you aren’t
                                  able to measure up to the
                                                                      take a moment to do a little
                                                                      “extra,” such as opening a
                                                                      window shade or affixing a
                                                                                                          T    he recent passing of change.
                                                                                                               Charlie Smith, Editor
                                                                                                                                                                          of the screen.

                                                                                                          and Publisher of Access Incremental change is where a Some of the tools have been
there are so few of us... not a
good excuse I know but that’s     standards of care you wish          pin to a woman’s blouse.            Press, has caused me to stop systems advocate spends most removed from the advocate’s
how it goes all too often. And    you could give. Try to be           Anything you can do to let          and reflect on the status of of his/her time. It is painfully toolbox. The advocates them-
I’m one of the gentle ones...     compassionate and forgiving         residents know that you re-         systems advocacy and activ- slow, often taking years to see selves have done this. This
How depressing.                   toward yourself. All you can        gard them as equally valuable       ism in the metro area disabil- the desired results. It involves limits the effectiveness of
                                  do is your best, knowing the        human beings will mean so           ity community. The picture going to endless meetings, their advocacy and does not
I read your article on pity       care you give won’t be perfect      much. A minute of kindness          I’m getting is rather disturb- always wondering whether adequately serve the people
versus compassion (May 2001       because you are working             or careful attention can be         ing.                            the time spent has been with disabilities who depend
issue of Access Press) and I      within the confines of the          remembered and cherished                                            productive. The advocate on them to be their voice.
can only imagine how aggra-       terribly uncaring “care” sys-       for a lifetime. This is not         My understanding of systems gets little or no positive
vating it is being conde-         tem our society has set up for      pity—not giving to a subhu-         change has always been based reinforcement from the com- The actions taken by activists
scended to. I would hate to       it’s devalued populations.          man creature in an attempt to       on the concept of a con- munity for this type of five years ago when Courage
have to rely on someone else      With the lack of funding,           free yourself from their suf-       tinuum: On one end of the advocacy because it appears Center brought in Christopher
for my basic bodily needs.        staffing and subhuman living        fering—but compassion: the          continuum is direct action, to the consumer that nothing Reeve to receive the Courage
Can you explain how it feels      environment our society             comradeship and care of one         with groups like ADAPT. is happening. It is also not Award would not happen
to have various personal cares    chooses to allow for most           human heart to another, want-       Moving on, some might see gratifying for the advocate today. Yet they brought about
done for you, like being          nursing homes, there is only        ing to help.                        the Independent Living much of the time.                        much needed change within
turned or repositioned? I want    so much you can do to help.                                             movement—consumer-run                                           Courage Center. This past
to treat residents with com-      This is not to say that you         How I feel having my care           and consumer-driven organi- There is no right way or December two advocates dis-
passion, but I admit I feel       can’t do anything, or that you      done has a lot to do with my        zations, which, if viewed as a wrong way to do advocacy. cussed bringing the issue of
sorry for them.                   shouldn’t be asking yourself        caregiver’s attitude toward         quilt, has various shades and There are many strategies and getting a “gap filler,” for the
                                  if there is any way you could       their work. I expect my             hues within it. Next would approaches that work and can platforms in the Light Rail
Sincerely,                        bring even a slight improve-        caregiver to treat my body          come the more moderate and even work together in an system to “the streets,” when
CNA                               ment into someone’s life. We        with the same respect and           conservative organizations, organized fashion including incremental change strategies
                                  should all be asking ourselves      concern as they treat their         which typically use more both confrontation and incre- met the brick wall of state
Dear CNA,                         this constantly, every day, no      own body. On the other hand,        conventional approaches. Fi- mental change work. How- and regional governmental
                                  matter what type of work we         I understand the selflessness I     nally, strategies like incre- ever, it seems as movements agencies. They decided it
It is an act of compassion even   do.                                 ask of my caregivers and the        mental change and legislative mature and their participants wouldn’t work because they
to wonder what you can do to                                          need to truthfully consider         public policy work might fall move in from the margins of couldn’t muster enough sup-
help the residents you work       Being a caregiver is an             how well I would live up to         at the other end of the society, that strategies and port in the community to
with be more comfortable. Of      opportunity to see compas-          my standards if the situation       continuum.                      tactics that once worked to make the protest worthwhile
course, you feel sorry that       sion in very tangible terms.        were reversed. There is much                                        bring about change are dis- and get the message out
they have to spend their lives    When you are helping a client       difficulty inherent in the          Over the past six years I have couraged, frowned on, or effectively.            “Who would
in a nursing home—no one          take a shower, get dressed,         interdependent         client/      observed the small core activ- even discarded. Those who show up?” was the question
would want to live under these    transfer or reposition, in          caregiver relationship, espe-       ist/advocacy community would advocate the use of posed. The answer was a
conditions. Compassion            essence you are becoming the        cially in a society where we        changing. It has moved away such strategies or tactics are disturbing “handful of
doesn’t mean that we don’t        parts of that person’s body         are taught to take care of          from being a community thought to be not as sophisti- people.” The passion—the
feel empathy. Compassion          that don’t work indepen-            ourselves. However, requir-         comfortable with confronting cated and possibly behind the fire—is gone from this com-
means that instead of running     dently—you are giving your-         ing the help of another person      ableism and discrimination times.                               munity. Several factors have
away thinking, “I don’t want      self over to and becoming that      need not be a painful or            and being willing to speak                                      contributed to the loss of
to deal with this!” (expressing   other person. For the mo-           degrading experience, it can        truth to power, toward being a Imagine the past and current these things.
our avoidance/apathy) or          ments that you are helping          be a very rich experience of        community which has moved pictures of this advocacy
“Thank God it’s not me!”          someone you are vital to their      learning how to be kindness         toward the center of the community on a television Next month, Lolly gives some
(expressing our superiority/      lives. The more you can be in       and compassion in action.           continuum and which is more screen. Six years ago, the ideas about how to replace
condescension) we ask our-        touch with the real impor-                                              comfortable using what it picture would take up the some of the tools that have
selves, “What can I do to         tance of your job and truly — Nicole                                    views as “sophisticated” strat- whole screen. Today, the been taken out of the disabil-
help?”(expressing our care/       give all your attention to the                                          egies such as adopting prima- picture would appear at the ity rights toolbox.
respect). And then we do it.      client you are working with,
                                  even if you have to hurry or be

   Question? Complaint? Comment? Write to Nicole: % Access Press, 1821
University Ave. W, #185 N; St. Paul, MN 55104; HelloNicoleAccess@yahoo.com




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*                                                                                                                                                                                                   *
*
6         July 10, 2001

                 Executive Order: Community-Based Alternatives For
                            Individuals With Disabilities
Following is the text of the President’s Executive Order on the ensure that all Americans have the opportunity to live close to    The review should ensure the involvement of consumers,
Olmstead decision:                                              their families and friends, to live more independently, to         advocacy organizations, providers, and relevant agency
                                                                engage in productive employment, and to participate in             representatives. Each agency head should report to the
By the authority vested in me as President by the Constitution community life.                                                     President, through the Secretary of Health and Human
and the laws of the United States of America, and in order to                                                                      Services, with the results of their evaluation within 120 days.
place qualified individuals with disabilities in community Sec. 2. Swift Implementation of the Olmstead Decision:
settings whenever appropriate, it is hereby ordered as follows: Agency Responsibilities.                                           (c) The Attorney General and the Secretary of Health and
                                                                                                                                   Human Services shall fully enforce Title II of the ADA,
Section 1. Policy. This order is issued consistent with the        (a) The Attorney General, the Secretaries of Health and         including investigating and resolving complaints filed on
following findings and principles:                                 Human Services, Education, Labor, and Housing and Urban         behalf of individuals who allege that they have been the
                                                                   Development, and the Commissioner of the Social Security        victims of unjustified institutionalization. Whenever possible,
(a) The United States is committed to community-based Administration shall work cooperatively to ensure that the                   the Department of Justice and the Department of Health and
alternatives for individuals with disabilities and recognizes that Olmstead decision is implemented in a timely manner.            Human Services should work cooperatively with States to
such services advance the best interests of Americans.             Specifically, the designated agencies should work with States   resolve these complaints, and should use alternative dispute
                                                                   to help them assess their compliance with the Olmstead          resolution to bring these         complaints to a quick and
(b) The United States seeks to ensure that America’s decision and the ADA in providing services to qualified                       constructive resolution.
community-based programs effectively foster independence individuals with disabilities in community-based settings, as
and participation in the community for Americans with long as such services are appropriate to the needs of those                  (d) The agency actions directed by this order shall be done
disabilities.                                                      individuals. These agencies should provide technical            consistent with this Administration’s budget.
                                                                   guidance and work cooperatively with States to achieve the
(c) Unjustified isolation or segregation of qualified individuals goals of Title II of the ADA, particularly where States have     Sec. 3. Judicial Review. Nothing in this order shall affect any
with disabilities through institutionalization is a form of chosen to develop comprehensive, effectively working plans             otherwise available judicial review of agency action. This order
disability-based discrimination prohibited by Title II of the to provide services to qualified individuals with disabilities in    is intended only to improve the internal management of the
Americans With Disabilities Act of 1990 (ADA), 42 U.S.C. the most integrated settings. These agencies should also                  Federal Government and does not create any right or benefit,
12101 et. seq. States must avoid disability-based discrimina- ensure that existing Federal resources are used in the most          substantive or procedural, enforceable at law or equity by a
tion unless doing so would fundamentally alter the nature of effective manner to support the goals of the ADA. The                 party against the United States, its agencies or instru-
the service, program, or activity provided by the State.           Secretary of Health and Human Services shall take the lead in   mentalities, its officers or employees, or any other person.
                                                                   coordinating these efforts.
(d) In Olmstead v. L.C., 527 U.S. 581 (1999) (the “Olmstead
decision”), the Supreme Court construed Title II of the ADA to (b) The Attorney General, the Secretaries of Health and
require States to place qualified individuals with mental Human Services, Education, Labor, and Housing and Urban
disabilities in community settings, rather than in institutions, Development, and the Commissioner of the Social Security
                                                                                                                                   PRODUCTS - Cont. from p. 2
whenever treatment professionals determinethat such Administration shall evaluate the policies, programs, statutes,
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                                                                   identifying affected populations, improving the flow of         maps, brochures and prices. Email: comments@wyfiwyg.com
(e) The Federal Government must assist States and localities information about supports in the community, and removing             Phone: 770-716-9222 Web: www.wyfiwyg.com
to implement swiftly the Olmstead decision, so as to help barriers that impede opportunities for community placement.




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*                                                                                                                                                                                              *
*                                                                                                                                                              July 10, 2001                             7

    Accessible Performances Deaf Charlie Brown
                                                                                                     by Nathan Halvorson
  The following performances will be Audio Described (AD) for people who are blind or have low
vision, or Interpreted in American Sign Language (ASL) for people who are deaf or hard of hearing.


“Jacques Brel Is Alive &         “The Gimmick” by Dael             “The Sound of Music” runs
                                                                                                     I  n the second consecutive
                                                                                                         year of celebrating St. Paul
                                                                                                     as the home of Peanuts creator
                                                                                                                                        it, though, we stayed friends,
                                                                                                                                        and we became closer. I think
                                                                                                                                        this was an opportunity where
                                                                                                                                                                           Oppenheimer recalls, “I
                                                                                                                                                                           sculpted a person signing
                                                                                                                                                                           ‘Inspiration,’ just intending to
Well & Living in Paris” runs     Orlandersmith, runs 7/20–8/       7/26 – 8/11, ASL Thurs., Au-      Charles Shultz, statues of         it either brings you closer or     work on this one sculpture.
7/25 – 8/26; * AD/ASL            11, * ASL Friday, July 27,        gust 2, 9:00 pm – Interpreter:    Charlie Brown sprouted ev-         breaks you up because it was       He looked at it and he said
Saturday, July 11, 8:00 – AD:    7:30 – Interpreter: Mary          Mary Holte, New Hope Out-         erywhere around the city this      such a test of endurance.”         ‘she’s talking to me.’ It was
Rick Jacobson; ASL: Susan        Holte, * AD Sat, July 28, 7:30    door Theatre (763) 531-5151       June. One of those statues,                                           very emotional.”
Masters & …, Park Square         – Describer: Mari Griffin,        (free, starts at dusk)            located at 1536 Hewitt Av-         She continues, “It’s one thing
Theatre, (651)291-7005           Pillsbury House Theatre, (612)                                      enue on the Hamline Univer-        to be able to do that when         She can relate. As an immi-
                                 825-0459, *$8 One-woman           Minn. Fringe Theatre &            sity campus, stands complete       you’re having a good day, but      grant from Russia who
“The Glue Factory Project        drama about a young girl’s        Performance Festival runs         with a hearing aid tucked into     to do that under stress and        couldn’t speak English when
2001 – under the influence”      coming of age in Harlem and       8/3-12, ASL/AD – Schedule         his right ear and a shirt          endurance was really an            she arrived in America,
runs 7/19-22, * ASL, Thurs.-     the transforming power of         to be announced, Loring &         speckled with hands of all         accomplishment. Now we             Oppen-heimer knows how
Sun., July 19-22, 8:00 – ASL:    literature that allows her to     Nicollet Theatre Dist., Mpls,     colors shaped into letters of      know that we can and we did.       important it is to have your
Arlyn Anderson, At Theatre       escape a world of poverty.        (612) 872-1212 or (612)343-       ASL. While this statue,            We learned we can work as a        voice understood and how
de la Jeune Lune, (612)333-                                        3390, www.fringe festival.org     “Charlie Brown Understands         group. I was privileged to         important it is to be able to
6200, A showcase of 6 artists    “South Pacific” runs 7/24 –                                         American Sign Language             witness other people’s growth      com-municate. She says, “It’s
over age 45: Beth Corning,       8/12, ASL/AD Sat, July            “Four + One” – runs 7/27 –        (ASL),” is a must-see for          as artists and leaders. There is   very difficult for people,
Bonnie Mathis, Michael Rob-      28, 2:00 – ASL: Anthony           8/5, * ASL Fri., Aug. 3, 8:00 –   members of the deaf                                                          anywhere, when they
ins, Susana di Palma, Linda      Verdeja, Laura Becker; AD:        3 Legged Race, at the South-      community, the                                                               don’t have their lan-
Kelsey, JD Steele & inter-       Jon Benson, Ordway Center,        ern Theater, Mpls, 612-340-       sculpture also serves                                                        guage.” For this rea-
preter Arlyn Anderson, artis-    (651) 224-4222, TTY (651)         1725, www.southerntheater.        as an important land-                                                        son, she and the Deaf
tically integrated into the      282-3100; www. ordway.org;        org; * $10-12 (reg. $17-19),      mark for anyone con-                                                         Arts Club share a
work                             tickets $24-45, This Pulitzer     Dance event features eclectic     cerned with building                                                         mission to “get as
                                 Prize and nine-time Tony®         movement styles of Judith         bridges between                                                              much deaf art out in
“The Odd Couple” ASL             Award-winning musical             Howard, Sally Rousse, Erin        communities.                                                                 the community as pos-
Thursday, July 19, 8:00 –        charms you with “Some             Thompson, Cathy Young &                                                                                        sible in my lifetime.
Interpreters: Jody Elwell and    Enchanted Evening,” “Bali         Chicago choreographer Jan Charlie’s journey to                                                                 Anyplace there’s deaf
Susan Lorenz, MN Repertory       Ha’i,” “Younger Than Spring-      Erkert.                         Hamline’s campus                                                               people who frequent
Theatre, at U of MN Duluth.      time,” “A Wonderful Guy….”                                        began with Helene                                                              a place, there should
$14 Adults, $12 Students/                                          “Amadeus” by Peter Shaffer, Oppenheimer, the                                                                   be deaf art so you
Seniors (62+), $7 children (13    “Tom Sawyer” runs 7/27 – 8/      runs 7/21 – 8/26, 7:30, ASL artist who submitted                                                               know that there are
and under). (218) 726-8561.       3, AD/ASL Saturday, July 28,     Thurs., Aug. 16; Fri., Aug. 24, the original drawing                                                           deaf people there. It’s
Ask for seats in the Inter-       7:30 – Youth Performance         – AD, Fri., Aug. 17; Sat., Aug. for the sculpture to                                                           uplifting.”
preted section.                   Co. at Howard Conn Fine Arts     25, 1:00 (tour 11:00) – the city earlier this
                                                                                                                         Photo by Beckie Kay Perkins/Michael J. Rosen
                                  Center, (612) 623-9080, An       Describer: Cynthia Hamre, year. Nancy Howard                                                                     Finally, Helene in-
“Cinderella” by Rodgers & original musical adaptation of           Guthrie Theater, (612)377- at Hamline University se- so much pride knowing that                         sists that she has found her
Hammerstein, runs 7/13-29 Twain’s adventure                        2224, TTY 612-377-6626          lected Oppenheimer’s draw- we achieved this together as a               place, even as an ‘outsider’ to
ASL Sun., July 22, 2:00 –                                                                          ing, saying that “it touched team; it’s much more power-                the deaf community. “For a
Lyric Arts Main Stt Stage, “Crazy for You” by George               “The Sound of Music” runs me.”                                  ful.”                                   while, I thought I shouldn’t do
420 E. Main St., Anoka, (763) and Ira Gershwin; 7/20 – 8/5         6/22 - 7/1ASL Saturday, June                                                                            this because I’m not deaf. It’s
422-1838; Originally pre- * ASL Sat., July 28, 7:30 –              30, 7:00 - Interpreters: Mary Bringing the statue to life was So far, Oppenheimer has                   not my place. I’ve learned,
sented on television in 1957 Interpreter: Beth Cherry-             Holte & Shari EstepEden a grueling process for the heard positive response to the                       though, that it is my place
with Julie Andrews, Cinderella holmes, Mounds View Com-            Prairie Community Theatre at artists. Oppenheimer admits, Deaf Art Club’s Charlie                       even more. It needs to be
was the most widely viewed munity Theatre at Irondale              Staring Lake Amphitheater, “I can do a lot, but I can’t do it Brown. “When people see the               outsiders who challenge rac-
program in the history of TV. High School Theater, (651)           (952) 949-8453, TTY (952) alone.” For help, she relied statue, they talk about their                    ism, hatred, ignorance, and
Now adapted for the stage.        638-2130 or goseemvct@           949-8399.Freewill donation on her friends in the Deaf Art connection to the deaf com-                   fear. It’s important that I’m
                                  aol.com. $10, Sr/Student $8                                      Club, a local group that munity with a smile on their                   not deaf because all of us need
“Spike Heels” by Theresa Romance, misdirection, dis-               “Communicating Doors” by Oppenheimer has been work- face. I hope it continues to get                    to take responsibility and the
Rebeck; AD performance on guises, slapstick and exciting           Alan Ayckbourn, runs 6/16 - ing with since the club’s people and children excited                       people with privilege, espe-
Sun, July 22, 2:00 - with Au- dance numbers fill the stage         7/8* AD/ASL Saturday, June inception in 1999. Helene about ASL so they want to                          cially, need to take responsi-
dio Describer Mari Griffin. when the Deadrock theatre is           30, 8:00 -- AD: Rick Jacobson; and club members had to learn more.”                                     bility. Deaf art is a folk art,
Theatre in the Round Players, threatened with foreclosure.         ASL: Susan Masters &An- complete the Charlie Brown                                                      meaning that it is an art of the
245 Cedar, Mpls, 612-333-                                          thony VerdejaPark Square statue in a matter of just a few Though she has fibromyalgia                   people. You don’t have to be
3010, www.theatreintheround “Mother Goose Rocks!” by               Theatre, (651) 291-7005, A days.          She describes the and six herniated discs,                    from that ethnic group to learn
.org Area premiere of a funny Randy Latimer, music by              sci-fi murder mystery & time challenge: “It was like a Oppenheimer is not deaf.                         about it and enjoy it.”
feminist Pygmalion - a mod- Gary Rue, runs 7/6–8/5; ASL/           travel adventure!               marathon. I worked day and Instead, she has opened her
ern satirical love story. Graphic AD Sun., July 29, 2:00, &                                        night, sometimes as late as 3 heart and found a bridge to               More information about
language & partial nudity.        Thurs., Aug. 2, 12:30 –          * Selected performances are AM. Whenever we needed to this particular community.                        Oppenheimer’s and the Deaf
                                  Describer: Mari Griffin; In-     eligible for Reduced Admis- talk to each other, we had to Living in California when she                 Art Club’s work can be found
“Tasty Baby Belly Buttons” terpreter: Nancy Niggley,               sion Prices through Access to stop what we were doing and first became disabled, she                    at www.home.earthlink.net/
by Dane Stauffer, runs 7/13 – Stages Theatre Co., (952)            Theatre. For more info con- talk through ASL, so that was wanted to thank a deaf friend                 ~aslclay
8/5, AD Tuesday, July 24, 979-1111, A musical based                tact VSA arts of MN, an extra challenge. Through for helping to take care of her.
11:30 am – Audio Describer: on Mother Goose stories.               mn@vsarts.org. (612) 332-
Mari Griffin, ASL, Sunday,                                         3888 or statewide (800) 801-
July 29, 2:00 – SteppingStone                                      3883 (voice/TTY).                         METROPOLITAN CENTER
Theatre, at Landmark Center,                                                                                   for INDEPENDENT LIVING
(651)225-9265, A musical
adventure fantasy based on a
                                          If you are a consumer or a                                      MCIL offers services for people with disabilities, their families
whimsical Japanese folktale.            provider and know health care                                    and friends, service providers, and interested community members
                                                                                                                              in the 7-county metro area.
“Man of La Mancha” ASL                   can and must be done better,
Thursday, July 26, 8:00 –                 we need to hear from you.                                      Information and Referral (Information hotline: 651-603-2039) Advocacy
Interpreters: Doug Bowen-                                                                                     Independent Living Skills Training Individual Peer Support
Bailey & Nancy Diener,                                                                                                             Deaf I.L. Services
Minnesota Repertory The-                                                                                             Personal Assistance Services (M.A. Subsidized)
atre, at the Marshall Perform-                                                                                 Ramp Project     Transition Program      ADA Information
ing Arts Center Mainstage                                                                                       Meeting Rooms       Computer Lab      Resource Library
Theatre at the University of                                                                                 Support Groups ...Chemical Dependency with Physical Disability
MN Duluth. $14 Adults, $12                                                                                                        GLBT with Disability
Students/Seniors (62+), $7                                                                                         Chemical Dependency with Traumatic Brain Injury
children (13 and under). 218-
726-8561. Ask for seats in the
Interpreted section.                                            A REVOLUTIONARY                                1600 U NIVERSITY A VE . W., S UITE 16, S T. P AUL , MN 55104-3825
                                                                APPROACH                                     651-646-8342 V OICE       651-603-2001 TTY            651-603-2006 F AX
                                                                FOR PEOPLE WITH
                                    651-641-0887                DISABILITIES                                                     HTTP:// WWW . MCIL-MN.ORG




*                                                                                                                                                                                                     *
*
8          July 10, 2001


Creeping Incrementalism:
The ADA Marks Another Anniversary
by John Tschida
                                                                                                                                 lawsuit could be filed against leases. The slotted date for civil rights vs. special privi-
C     asey Martin may have
      recently won a legiti-
mate and hard-fought victory
                                      disabilities from nursing
                                      homes into the community;
                                      facilitate consumer-directed
                                                                                             As information technology
                                                                                             becomes more advanced, por-
                                                                                             table, and commonly used,
                                                                                                                                 the alleged violator.            full compliance is 2012.       leges, with few fence-sitters
                                                                                                                                                                                                 in this debate.
to preserve his right to a            personal assistance services                           people with disabilities need       Proponents say the goal is to The Department of Justice
reasonable accommodation,             and supports; and change the                           access. These tools “are            eliminate frivolous lawsuits, (DOJ) has reached an agree- The Martin decision is a
but he cannot ride his golf cart      way states deliver informa-                            becoming more and more              while disability advocates say ment with United Artists to perfect example of this ideo-
into the setting sun at Augusta       tion to individuals to make it                         essential to our employment,        it would provide no incentive ensure that new stadium-style logical divide. Alan Reich,
knowing that all is right with        more coordinated and con-                              education, and community            for compliance with the ADA theaters allow for scattered president of the National
the Americans with Disabili-          sumer-friendly. The latter                             participation,” said Bonnie         until someone cried foul. seating and good sight lines Organization on Disability,
ties Act (ADA). As we mark            initiatives, called “Real Choice                       O’Day, member of the Na-            Advocates, like the National for disabled patrons. The bad said “the disability commu-
the 11th anniversary of the           Systems Change” grants, will                           tional Council on Disability.       Council for Independent Liv- news? The Justice Depart- nity knows a person’s abilities
ADA this month, actions by            receive the most grant dollars.                        The Council’s new report,           ing, have also said it makes ment had to intervene in 1996 should be more important
the courts and Congress—and                                                                  The Accessible Future, cred-        people with disabilities the to garner ADA compliance than his or her disability.”
inaction by those non-compli-    The Minnesota Department                                    its the ADA with improving          primary enforcers of the law, when United Artists was This is the foundation of the
ant with the Act—remind us       of Human Services, led by the                               the situation for the disabled,     a responsibility they shouldn’t building traditional theaters ADA: an implicit nod to the
that eternal vigilance might be  newly formed Community                                      but notes there is no single        have to shoulder.                with limited accessible seat- interaction of physical limita-
the price of accessibility as    Quality Initiatives Division,                               piece of legislation governing                                       ing and poor screen angles. tion and environmental barri-
well as liberty.                 has worked with members of                                  electronic and information          The most famous backer of Similar cases have been filed ers. Historically, our biologi-
                                 the disability community and                                technology in the way the           the proposal, Clint East- regarding Carnival Cruise cal differences have been
      Some Good News             others to develop grant pro-                                ADA governs the physical            wood, was sued last year lines and the city of Steam- used to separate us, whether in
First, the good news: the Bush posals in all three areas.                                    environment.                        because his California Mis- boat Springs, Colorado. The work or at play. The decade-
Administration has acted to Funding decisions will be                                                                            sion Ranch was said to be latter was the first DOJ foray long educational focus around
put some meat on the bones of made by HCFA in October.                                              Some Bad News                inaccessible. While Eastwood into the transportation thicket. the ADA has been to show
the Olmstead decision, in                                                                    While much energy is being          claimed victory, the court did While decided in favor of the that with some nominal tink-
which the Supreme Court Each of these efforts is tied to                                     expended for the good, a            find ADA violations existed. consumers with disabilities, ering with the environment,
dictated that individuals with the President’s $8.6 billion                                  legislative effort to weaken        As a result, the plaintiff’s the question these examples equal access is readily achiev-
developmental disabilities be New Freedom Initiative, a                                      the ADA has resurfaced.             legal fees must be paid by beg is why does lingering— able, and something we ought
provided services in the “least comprehensive effort to bet-                                 Congressman Mark Foley (R-          Eastwood. The media play and in some cases aggres- to expect.
restrictive setting.” In plain ter integrate technologies,                                   Florida) has again introduced       surrounding this and other sive—noncompliance with the
English, this means commu- education, the workplace, and                                     the ADA Notification Act.           issues indicates there is heavy ADA still exist?                But on the same subject,
nity-based rather than institu- communities to the benefit of                                The proposal would require          lifting yet to be done to ensure                                Justice Antonin Scalia closed
tionalized settings. The Ex- people with disabilities.                                       an individual to provide a          compliance with the ADA.         High profile ADA cases like his dissent by skewering the
ecutive Order, signed June                                                                   business or public entity with                                       the Garrett loss and the Casey logic of the Court’s majority,
18, applies to anyone with a Federal regulations also took                                   a written explanation of            In California, the Department Martin win bring proponents and declaring “The year was
disability and calls for a re- effect June 21 requiring that                                 alleged ADA violations. A           of Motor Vehicles has identi- and opponents out of the 2001, and everybody was
evaluation of the practices new federal information tech-                                    90-day waiting period would         fied 4,523 architectural barri- woodwork. The level of finally equal.” Not yet, Your
and policies of federal agen- nology systems and equip-                                      then be instituted before any       ers in buildings it owns or discourse becomes one of Honor. Not yet.
cies. It also mandates that ment be accessible to people
federal agencies work with with disabilities in the work-
states to fully comply with the place. This will affect com-
Olmstead decision and the puter software, phones, fax
ADA. This is a good first step. machines, and web site de-
                                                                                                                     Government Improves
                                 sign, among others, and will
A parallel initiative, spon- aid an estimated 120,000
sored by the Health Care federal employees with dis-
                                                                                                                      Technology Access
Financing Administration abilities now on the job. The
(HCFA), will deliver $70 change was called for by a
million in grant funds to states 1998 law sponsored by Sen.
to aid in the community Jim Jeffords, whose new                                              I  nternet users who are blind
                                                                                                and use software that reads
                                                                                             text aloud often find that
                                                                                                                                 need on the job.

                                                                                                                                 On June 25, 2001, President
                                                                                                                                                                   access to and use of informa- • Web sites that use graphics
                                                                                                                                                                   tion and data, comparable to
                                                                                                                                                                   that of the employees and
                                                                                                                                                                                                    for navigation will need to
                                                                                                                                                                                                    have text that describes
integration effort. Specifi- independent status has dra-
cally, the funds will help matically shifted the balance                                     government Web pages are            Bush ordered the implemen-        members of the public with-      those graphics.
states design and pilot initia- of power in Washington.                                      inaccessible to them. People        tation of Section 508 of the      out disabilities––unless it is
tives to: transition people with                                                             in wheelchairs often cannot         Rehabilitation Act Amend-         an undue burden to do so.”     Some technology will be
                                                                                                        get close enough to      ments, an action designed to                                     exempt, including old Web
                                                                                                        photocopiers in fed-     help not only people with         People with physical disabili- pages or national security
                                                                                                        eral buildings to        disabilities inside the govern-   ties, vision and hearing im- devices.


                                           ST
                                                                                                        operate them. This       ment, but the general public as   pairments, and other disabili-
                                                                                                        lack of accessibil-      well. Section 508 “requires       ties should all see the advan- The regulations, which
                    the
                iss                rld   E
                                         !                                                              ity is especially        Federal departments and agen-     tages of the implementation planners say will cost the


                            TT
                                                                                                        difficult for the hun-   cies that develop, procure,       ordered by the President. government as much as $590
               M                o
           n’t            eW
                                                                                                        dreds of thousands       maintain, or use electronic       Some of the changes which million, have caused some
         Do
                   H
                   in
                       th O           s fac
                                           eo
                                             ff                                                         of Federal employ-
                                                                                                        ees with disabilities
                                                                                                                                 and information technology
                                                                                                                                 to ensure that Federal em-
                                                                                                                                                                   will be brought about by the confusion as the deadline
                                                                                                                                                                   implementation include:        nears, demanding a big time

              eels              pla
                                   yer Cup
                              ey World
                                                                                                        who cannot access        ployees and members of the                                       commitment from each

            Wh              ck
                         rHo key
                                                                                                        information they         public with disabilities have         • Electronic forms will be agency. Larry Allen, executive
                                              ™


                      owe rHoc         1                                                                                                                                 changed to work director of the Coalition for
                                           200
                     P
                            est Powe
                          sb            -9, , MN
                                                                                                                                                                         properly with the Government Procurement,
                      rld’ 2001
                    wo e
                 The at th
                                    st 5 lis
                                ugu po
                                                                                                                                 M.A.T.                                  associated software, and said the regulations are too
                                 A       ea                                                                                                                              the flashy animations vague. “The contractors are
                                     Minn                                                                              Metropolitan Area Transit, Inc.                   that mean nothing to the scared to death about having
                                                                      Powe                                                                                               screen readers will be to certify that they’re in
                                                           HA
                                                                          rH                                SPECIAL TRANSPORTATION                                       revised.                 compliance with a standard
                                                        .E
                                                          W
                                                                           W
                                                                                                                   PROVIDER
                                                                                   o OR
                                                   .S




                                                                                                                                                                                                  that no one can tell you
                                                                                    ck RLD CUP
                                                  U




                                                                                     O
                                                                                      e
                                                                                      ey D




                                                                                                                                                                       • Information kiosks at exactly what it is.”
         Call                                                                                                       “On Time Every Time                                  national parks will be
         763.535.4736                                                                                             or we will buy you lunch”                              required to have an Further information on the
         Or visit us at                                                                                                          call for details                        alternate method of Federal Information Tech-
         www.powerhockey.com                             M
                                                             in n
                                                                    esota   200
                                                                               1                                                                                         providing information— nology Accessibility Initiative
         to find out more!o fnd out                                                                                   (612) 379-4107                                     such as audio prompts— can be found on the web at
         more!                                                                                                                                                           in addition to a touch http://www.section508.gov
                                                                                                                     MA, U-CARE, MEDICA,                                 screen.
         Sponsored in part byi                                                                                 PRIVATE PAY, PRIVATE INSURANCE
                                                                                                            **Standing Orders                ** Group Charters



*                                                                                                                                                                                                                           *
*                                                                                                                                                         July 10, 2001                             9

IDEA In 2001:
National Conference Assesses Implementation
by Sue Abderholden

F    or the first time in the
     history of special educa-
tion, stakeholders represent-
                                 Education. More than 120
                                 organizations, including the
                                 National Conference of State
                                                                  grounds are identified as public education to all children
                                                                  needing special education.    with disabilities, including
                                                                                                those suspended or otherwise
                                                                                                                                   to a private school that is
                                                                                                                                   designed to serve children
                                                                                                                                   with disabilities (provided the
                                                                                                                                                                      possess or use illegal drugs or
                                                                                                                                                                      sell a controlled substance, or
                                                                                                                                                                      commit an aggravated assault
ing varied and sometimes         Legislators, National Educa-    Minnesota families and excluded from school.                      local school district and          or battery. It provides that a
conflicting perspectives met     tion Association, National      advocates are also looking at                                     parent agree) with school          student with a disability sus-
in Washington, DC in June to     Association of School Princi-   additional issues. These in- In statements made from the          districts paying the average       pended or expelled for any of
learn how they could work        pals, Federation of Families    clude improving the role of floor, it was clear members of        per-pupil expenditure to the       the above violations “shall not
together to implement the        for Children’s Mental Health,   parents as equal partners in Congress do not fully under-         private school. Once a child       be entitled to continue
Individuals with Disabilities    and the Arc, collaborate with   the IEP process, and ensuring stand the provisions in IDEA        is transferred, the school         educational services, including
Education Act (IDEA), the        these partnerships.             that parents are members on and do not understand that            district no longer has any         a free appropriate public
federal law governing special                                    committees where education students who are dangerous             responsibility for the             education, if the state does not
education.                      Proceedings and papers from      policy is made (such as can be moved to alternative               education of that child. The       require a child without a
                                the summit can be found on       special education advisory settings.                              private school can also bill the   disability to receive edu-
“Partners Make a Great IDEA: the web at ideainfo.org             committees and site-based                                         parents for any costs not          cational services after being
A National Summit on the                                         committees.) There are also The Amendment passed by               covered by the school district.    expelled or suspended”
Shared Implementation of the        Special Education In         concerns about the lack of a the Senate, which was offered                                           whether or not the behavior is
Individuals with Disabilities            Minnesota               coordinated system of mental by Senator Sessions (R-AL),          Following a contentious            a manifestation of the child’s
Education Act” was spon-                                         health services for children has the effect of denying a free     exchange on the floor of the       disability. The House version
sored by the IDEA Partner- With all this discussion at the       and young adults with good appropriate public education           Senate, the amendment lost         allows that a school district
ships, a coalition funded by national level on how IDEA is       interagency collaboration to any student with a disability        on a tie vote. Later the same      may choose to continue to
the U.S. Department of Edu- being implemented, it may be         occurring to achieve positive by subjecting them to the           day a vote was taken to            provide schooling and mental
cation.                         useful to look at special        outcomes for students. To same disciplinary standards             reconsider the amendment.          health services. Minnesota
                                education in Minnesota. Min-     address safe schools and as all other students, including         This motion passed by a vote       representatives voting for it
Over 650 people attended the nesota was selected by the          discipline there is a need to the loss of educational services    of 51 to 47 and then the full      include: Kennedy, Ramstad,
summit, including families, federal Office of Special            use the research in the during the period of any                  amendment passed on a voice        and Gutknecht. And voting
teachers, related service per- Education Programs as one of      schools, such as that done by suspension or other exclusion       vote. Both Minnesota Senators      against it include: Sabo,
sonnel, advocates, legislators, 16 states to undergo a self-     George Sugai, on the use of if he/she is unable to                voted against the amendment.       Oberstar, McCollum, Peter-
school board members, prin- assessment process to see            positive behavior supports demonstrate the relationship                                              son, and Luther.This bill will
cipals, state directors of how well it is implementing           instead of punishment-based between their disability and          The House Amendment                be going to conference
special education, and others IDEA ’97. The key findings         and exclusionary strategies. the behavior for which they          offered by Representative          committee and opponents to
involved in implementing to date are:                            School personnel need training are being sanctioned.              Norwood (R-GA), would              these amendments hope to
IDEA. The summit focused                                         on functional behavior Additionally, the amendment                apply to students who carry or     have influence there.
on five major topics related to •Transition: In 1995 Min-        assessments so effective allows a child to be transferred         possess a weapon, knowingly
IDEA implementation: school nesota was found to be               behavior interventions can be
climate and discipline; the deficient in transition              developed for students.
inclusion of children with planning in high school. A                                              BUDGET - Cont. from p. 1
disabilities in standards-based long-range plan is in place to   While we need to continue to      Medical Assistance. Those       agement benefits are de-           needed rate increases for
reform; family involvement in correct these problems.            improve special education in      earning above this level can    signed to aid in getting more      community and other provid-
special education; dispropor- However, many families             Minnesota, many families,         retain 70 percent of their      non-elderly people with dis-       ers also were enacted. A new
tionate representation of di- mention the need to improve        students with disabilities, and   income this year and 75         abilities out of nursing homes     benefit under the state’s
verse children; and special transition, especially in terms      school staff are presently able   percent next year.              and into the community.            Medical Assistance program,
education personnel.             of interagency planning and     to work together for quality                                      Approximately 2,600 dis-           adult rehabilitative mental
                                 student-led Individualized      special education services.       Prescription drug program:      abled Minnesotans under age        health services, was also
Experts, researchers, and lo- Education Program (IEP)            There are many students with      Attempts to accelerate the      65 reside in skilled nursing       established.
cal teams presented on these team meetings. The state            disabilities who have a bright    inclusion of people with        facilities (SNFs) today. The
topics and on emerging is- recognizes the need to                future ahead of them.             disabilities under age 65 who   benefits, for those currently in   TBI waiver expansion: The
sues. Some of the keynote improve service coordin-                                                 are enrolled in Medicare were   SNFs and those eligible for        Tramatic Brain Injury (TBI)
speakers included Margaret ation in all areas of transition      If you are looking for more       unsuccessful. However, more     home care, were initiated by       waiver will be expanded to
McLaughlin of the National including early childhood.            information about special         Minnesotans will qualify for    the Department of Human            include services for persons
Center for Students with                                         education, visit the following    the discount prescription pro-  Services and contained in the      with cognitive dysfunction
Disabilities in Education Re- •Inclusion: Fewer than 8% of       websites: www.pacer.org;          gram, since the income limit    governor’s proposed budget.        such as Multiple Sclerosis or
form, Alfredo Artiles of Minnesota students with                 www.fape.org; http://cfl.         was raised from 100 to 120                                         Alzheimer’s Disease. The
Vanderbilt University, Rob- disabilities are served in           state.mn.us/speced; http://       percent of FPG. The start date Mental health: Significant          change will ensure that indi-
ert Yinger of the Holmes segregated classrooms,                  www.ed.gov/offices/OSERS/         of July 1, 2002, remains changes to the state’s mental             viduals will receive therapies
Partnership, Michigan parent which is far lower than the         OSEP/index.html                   unchanged.                     health statutes, including civil    and services for cognitive
Al Blixt, and George Sugai of national average.                                                                                   commitment procedures, the          impairments that were not
the National Center for Posi-                                    Discipline Provision Passes       Nursing Home discharge: establishment of mental health             previously available to them.
tive Behavioral Supports. The •Graduation Rates: Students                 Congress                 Two new targeted case man- crisis services, and much
summit also engaged 80 in Minnesota who have an
delegates, representing each IEP are more likely to              Congress has finally finished
of the four partnerships, to graduate with regular               its work on the Elementary
discuss the challenges facing diplomas (38.2%) than the          and Secondary Education Act
                                                                                                        ACCESSIBLE HOME WITH ACREAGE FOR SALE
IDEA implementation and to national average, which is            (ESEA). While this act
create a list of possible 24.5%.                                 generally deals with regular
collaborative activities to                                      education, such as Title I,
move implementation for- •Testing: Minnesota exempts             gifted and talented programs
ward.                            fewer than 3% of special        and      student     testing,
                                 education students from state   amendments were adopted
The coalition has four key testing, which is far fewer           that affect children with
partners: IDEA Local Imple- exemptions than other states.        disabilities.
mentation by Local Adminis-
trators Partnership (ILIAD) •Personnel: More qualified           Both the U. S. House and
and Associations of Service personnel are needed. Close          Senate, despite opposition
Providers Implementing to 12% of special education               from parents, advocates,             Accessible Custom-Built 2-Story Home on 5 Picturesque Acres! Some
IDEA Reforms in Education teachers were not fully                professionals and state              of the features of this 5-Bedroom, 4-Bath Home include 4’ wide hallways
Partnership (ASPIIRE) based licensed during the ‘99-’00          directors of special education,      and stairways throughout, Rough-In 3-story manlift for Accessibility
at the Council for Exceptional school year and a little over     adopted amendments that              from both the lower and main Levels. Heating on each floor controlled
Children; Families and Advo- 20% of EBD teachers were            eliminate one of the original
                                                                                                      individually, extensive computer, cable and outlet wiring throughout the
cates Partnership for Educa- not fully licensed.                 core principles of the
tion (FAPE) based at PACER                                       Individuals with Disabilities        home. Home is easily converted for fully-accessible living.
Center; and The Policymaking •Disproportionality: A dis-         Education Act (IDEA) - the
Partnership (PMP) based at proportionate number of               “zero reject” principle –                    Proudly listed by the Klick Group with RE/MAX Results.
the National Association of children from racially and           reflected in the duty to                            Call for more information! 763-591-6049.
State Directors of Special linguistically diverse back-          provide a free appropriate



*                                                                                                                                                                                                *
*
10       July 10, 2001




 Directory of Organizations for
   Persons with Disabilities
           Editor’s Note: This month in the directory we are trying a couple of new things. Many readers have asked for E-mail addresses of various groups and individuals,
                so we are including them, as available. Also for the first time, we have arranged the groups in the directory by category, similar to what one might find
 in the “Yellow Pages.” We thought this would help readers to more easily track down resources to help with particular needs. If you would prefer your organization be in a different
                  category, please let us know your wishes. As always, let us know if there are any errors in your listing and tell us what you think of the new format.


          ADVOCACY ORGANIZATIONS                                            GOVERNMENT SERVICES                                     RECREATIONAL SERVICES continued
ACT-UP MN, Robert Halfhill, 612-870-8026                       Dakota Co. Social Services, 952-891-7400, www.co.dakota         Camp Winnebago, Kathy Geely, 507-724-2351, campwinn
Access for All, Mike Chevrette, 651-481-4062                     .mn.us                                                          @means.net
Advocating Change Together, Kathy Sanders, 651-641-0297        Division for Persons w/ Developmental Disabilities, 651-282-    Capable Partners, Jonathan Leslie, 763-542-8156
ARC - Anoka/Ramsey Co.s, Marianne Reich, 763-783-4958            2086                                                          Ski for Light, 612-827-3232
ARC - Hennepin/Carver County, 952-920-0855,                    Mpls. Advisory Commitee for People with Disabilities, Margot    US Electric Wheelchair Hockey Association, Craig McClellan,
  archennepincarver.org                                          Imdieke Cross 651-296-6785, elizabeth.held@ci.min               763-535-4736
ARC - MN, Bob Brick, 651-523-0823, 1-800-582-5256,               neapolis .mn.us                                               Wilderness Inquiry, Corey Schlosser-Hall, 612-379-3858,
  mail@arcminnesota.com                                        MN Children with Special Health Needs, 651-215-8956,              800-728-0719 V/TTY, www.wildernessinquiry.org
ARC - Suburban, Marianne Reich, 952-890-3057                     1-800-728-5420 V/TTY
ARRM, Bruce Nelson, 651-291-1086                               MN Dept. of Human Services, Traumatic Brain Injury                         REHABILITATION CENTERS
Justice for All-202-488-7684, Justin and Yoshiko Dart            Program, 651-582-1938                                         Courage Center, John Tschida, 763-520-0520, 612-520-0245
MN Consortium for Citizens With Disabilities, Tom Brick,       MN Gov. Council On Dev. Disabilities, Deborah Tompkins,           TTY, johnt@courage.org
  651-296-3478                                                   651-296-4018 V, 651-296-9962 TTY                              Functional Industries, Don Tribyl, 763-682-4336
MN Developmental Achievement Ctr Assoc, 651-647-9200           MN State Council on Disability, 651-296-6785                    Lifetrack Resouces, 651-227-8471, TTY 651-227-8471
North Suburban Consumer Advocates for the Handicapped          MN State Services for the Blind, 651-642-0500, 800-652-9000     Metro Work Center, Inc., 612-729-7381, mwc@onvoy
  (NSCAH), Jesse Ellingworth, 763-783-4708, 763-783-4724       St. Paul Advisory Commitee for People w/Disabilities, Roger       mail.com
  TTY                                                            Schwagmeyer, 651-266-8891                                     Midwest Special Services, Lyth Hartz, 651-778-1000
Ombudsman for Mental Health & Mental Retardation, 651-                                                                         Opportunity Partners, 952-938-5511, 952-930-4293 TTY
  296-3848, 1-800-657-3506, www.ombudmhmr.state.mn.us.                     HEALTH ORGANIZATIONS                                Owobopte, Inc., 651-686-0405
                                                               Children’s United Hospital, 651-220-8000                        Rehab Services Branch, 651-296-5616 or 800-328-9095, 651-
             BRAIN INJURY SERVICES                             Gillette Children’s Hospital, Lynn Carpentier, 651-229-3845       296-3900 TTY
A Chance to Grow, Bob DeBour, 612-521-2266, newvisions         Health Psychology Clinic, U of M, 612-624-9646                  Rehabilitation Centers, MRCI - Burnsville, 952-894-4680
  @mail.actg.org                                               Methodist Hosp. Ctr. for Senior Services, 952-993-5041            MRCI - Carver/Scott 952-445-6811
Brain Injury Assoc. of MN, Stephanie Weiss Lake, 612-378-      Methodist Hosp. Stroke Supp. Grp., 952-993-6789                   MRCI - Chaska, 952-448-2234
  2742, 800-669-6442, info@braininjurymn.org                   Methodist Hosp. Parkinson Center, 952-993-5495                    MRCI - Fairmont, 507-238-4388
Traumatic Brain Injury-TBI Metro Services, 612-869-3995        Shriner’s Hospitals for Children, Karen Boyer 612-596-6105        MRCI - Industrial Operations, 507-386-5600,
                                                               Sister Kenny Institute, Deb Rasmussen, 612-863-4622                 mrci@mnic.net
       COMMUNITY-LIVING SERVICES                                                                                                 MRCI - Lakeville, 952-898-5025
Community Bridge Consortium, Pat Svendsen, 651-748-7437              HEARING IMPAIRMENT SERVICES                                 MRCI - New Ulm, 507-233-2700
  V/TTY, psvendse@isd622.k12.mn.us                             Deaf Blind Services MN, Jean Greener, 612-362-8454 V/
Community Involvement Programs, 612-362-4400                     TTY, info@dbfm.org                                                         RESIDENTIAL SERVICES
Help Yourself, Sara Meyer, 651-646-3662                        Deaf & Hard of Hearing Services Metro, Marie Koehler, 651-      Accessible Space, Inc., Stephen Vanderschaaf, 651-645-7271,
Henn. Co. Lib. Homebound Serv., Becky Mobarry, 952-847-          297-1313 TTY,651-297-1316                                       www.accessiblespace.org
  8850                                                         MN Assoc. of Deaf Citizens, Inc., Douglas Bahl, 763-757-        Altern. for People with Autism, Inc, Mike Amon, 763-560-
Kaposia, Inc., Cindy Amadick, 651-224-6974, camadick             5998 TTY                                                        5330, afpwa@mr.net
  @kaposia.com                                                 MN Commission Serving Deaf & Hard of Hearing People,            Anoka Metro Reg. Treatment Ctr., Judith Krohn, 763-712-
Metro Ctr. for Independent Living, 651-646-8342 V, 651-          651-297-7305 TTY                                                4000
  603-2001 TTY                                                 MN Relay Service, 1-800-627-3529, sprint.trscustserv@mail.      Homeward Bound, Inc., 763-566-7860
SE MN Ctr for Independent Living (SEMCIL), 507-285-              sprint.com                                                    Nat’l Handicap Housing Inst., Inc., Mike Bjerkesett, 651-639-
  1815, 507-285-0616 TTY                                       Self Help for Hard of Hearing (SHHH), Leslie Cotter, 651-         9799, nhhi74@aol.com
SILC-Statewide Independent Living Council, Bill Bauer, 651-      772-4931 V/TTY                                                The Phoenix Residence, Darlene M. Scott, 651-227-7655
  296-5085 V, 651-297-2705 TTY                                 Sight & Hearing Association, 651-645-2546
So. MN Independent Living Enterprises & Serv. (SMILES),                                                                                         RESOURCE CENTERS
  Alan Augustin, 507-345-7139                                                   LEGAL SERVICES                                 ALS Assoc. (Lou Gehrig’s Disease), 612-672-0484
West Henn. Commu. Services, Mary Perkins, 952-988-4177         Legal Advocacy for Persons with Dev. Disabilities, 612-332-     Alzheimer’s Association, John Kemp, 952-830-0512
                                                                 1441, mnlegalservices.org                                     Am. Behcet’s Disease Assoc., 1-800-723-4238
         EDUCATION ORGANIZATIONS                               Legal Aid Society of Mpls, Laurie Moser, 612-332-1441           American Cancer Soc.- MN Div., 612-925-2772, 1-800-227-
Adult Basic Ed/Special Needs, Betty Sims, 651-290-4729         MN Disability Law Ctr., 612-332-1441                              2345
Adaptive Recreation & Learning Exchange, Kristen Abel,                                                                         Am. Cancer Soc. (Ramsey Co.), 651-644-1224
  612-861-9361 V/TTY, kabel@ci.richfield.mn.us                            MENTAL HEALTH SERVICES                               Amer. Diabetes Assoc., Lee Johnson, 763-593-5333
Center for Learning & Adaptive Student Serv. (CLASS),          Alliance for Mentally Ill - Wash. Co., Bob Rafferty, 651-439-   Amer. Heart Assoc., Betty Young, 952-835-3300, wwwam
  Robert Doljanac, 612-330-1648, class@augsburg.edu              3800                                                            ericanheart.org
Fraser Community Services, Diane Cross, 612-861-1688,          Alliance for Mentally Ill of MN, 651-645-2948                   American Lung Assoc., 651-227-8014, 1-800-642-5864 (in
  diane@fraser.org                                             Centre for Mental Health Solutions, Tamera, 952-922-6916,         MN), info@alamn.org
Learning Disabilities Program (Family Services of St. Paul),     www.tcfmhs.org                                                Arthritis Foundation, Deb Dressely, 651-644-4108
  Jan Parkman, 651-767-8321                                    Henn. Co. Mental Health Ctr., Joel Pribnow, 612-348-4947        Catholic Charities, Program for People with Disabilities, John
Learning Exchange, Lynn Dennis, 952-885-8531, TTY 952-         Mental Health Association, 612-331-6840, 1-800-862-1799;          Schatzlein, 651-222-3001
  885-8590                                                       www.MentalHealthMN.org                                        Chemical Injury Resource Assn., 651-647-0944
MELD (MN Early Learning Design), 612-332-7563 V/TTY,           Mental Health Consumer/Survivor Network, 651-637-2800,          Chronic Fatigue Syndrome Association of Minnesota, 651-
  info@meld.org                                                  1-800-383-2007; csnmt@uslink.net                                644-4975
Mpls. Community and Technical College, Office for Students     Mental Health Law Project, Pat Siebert, 612-332-1441            Cystic Fibrosis Foundation, Molly Boyum, 651-631-3290,
  w/ Disabilities, Melissa Newman, 612-341-7000 V/TTY          MN Assoc. for Child. Mental Health, 651-644-7333, 1-800-          minn@cff.org
MN Higher Education Services Office, Sarah Beth Mueller,         528-4511, dsaxhaug@macmh.org                                  Down Syndrome Assn. Of MN, 651-603-0720,
  651-642-0533                                                 MN Depressive & Manic Depressive Assoc., 612-379-7933             dsam@mm.com
PACER Center, Inc., Pat Bill, 952-838-9000 V/TTY,              Pilot City Mental Health Center, Sy Gross, 612-348-4622         Disability Institute, Wendy Brower, 952-935-9343
  tbill@pacer.org                                                                                                              Duluth Consumer & Family Regional Resource Center, 218-
Parent Support Network (EBD/ADD/ADHD/LD), 763-783-                        RECREATIONAL SERVICES                                  728-3531
  4949                                                         Achilles Track Club-Uptown, Kay Christianson, 612-822-          East Suburban Resources, Sue Schmidt, 651-351-0190 or
POHI District Consultants-Mpls. Public Schools, Jim Tho-         7872                                                            MRS 800-627-3529
  mas- Anwatin Coord., 612-668-2450                            Boy Scouting for People w/ Spec. Needs, Jan Bovee, 651-224-     ELCA Committee on Disabilities, Linda Larson, 612-788-
Project Compass, Adult Disability Program - Winona Comm.         1891                                                            8064
  Educ., Helen Newell, 507-454-9450 Voice/TTY,                 Camp for Child. & Teens w/ Epilepsy, Deborah McNally, 651-      Epilepsy Found., John Thompson, 651-646-8675, 800-779-
  hnewell@isd861.luminet.net                                     646-8675, 1-800-779-0777                                        0777, infoefmn@mr.net
Reuben Lindh Learning Center, 612-721-5111                                                                                     Directory - cont. on p. 13



*                                                                                                                                                                                        *
*                                                                                                                                           July 10, 2001                     11

DIRECTORY- Cont. from p. 10
         RESOURCE CENTERS continued                                              SOCIAL SERVICES                          VISION IMPAIRMENT SERVICES continued
Hemophilia Foundation of MN, 763-323-7406                         Capella Management Group, Gerald Glomb, 651-641-0041   United Blind of MN, Inc., 763-391-3699
Independence Crossroads, Rob Olson, 612-854-8004,                 NW Henn Human Services Council, 763-493-2802 V/TTY     Candle in the Window, Kathy Szinnyey, 1-502-895-0866
  info@independencecrossroads.org                                                                                        Vision Loss Resources, 612-871-2222
Indian Family Service, Maggie Spears, 612-348-5788                                SUPPORT                                Volunteer Braille Services & Large Print, 763-971-5231
League of Women Voters, 651-224-5445, office@lwvmn.org    Emotions Anonymous, 651-647-9712, eaisc@mtn.org
Leukemia Society of America, MN Chapter, 952-545-3309     Gay and Lesbian Helpline, 612-822-8661 V/TTY                            VISUAL/PERFORMING ARTS
Lupus Foundation of America, MN Chapter, 612-375-1131,    Spinal Cord Injuries Help Line, Roger Hoffman, 651-464-7559 Interact Center for the Visual and Performing Arts, 612-339-
  mnlupus@aol.com                                                                                                       5145 V, 612-339-6465 TTY, interactcenter@aol.com
Lyme Disease Network of MN, Linn Olivier, 651-644-7239                         TECHNOLOGY                             VSA MN, 612-332-3888 V/TTY, info.mn@vsarts.org
Lyme Disease Coalition, Linn Olivier, 651-644-7239,       Closing the Gap, MaryAnn Harty, 1-507-248-3294,
  lymenet_mn@yahoo.com                                      info@closingthegap.com                                                  VOCATIONAL SERVICES
MN AIDS Proj., Lorraine Teel, 612-870-7773, 612-870-0700                                                              AccessAbility, Inc., Darren Mack, 612-331-5958,
MN Resource Center, Kim Feller, 612-752-8102                                TRANSPORTATION                              dmack@accessibility.org
Muscular Dystrophy Assoc., Christina Van Vooren, 952-832- Metro Mobility, 651-602-1111, 651-221-0014 TTY              Access to Employment, Lori Sterner, 763-543-6980V/TTY
  5517 (Mpls. district), 952-832-5716 (St. Paul district)                                                             Goodwill Indus./Easter Seal, Lynette Bergstrom, 651-646-
National Ataxia Foundation, Donna Gruetzmacher, 763-553-          U of M AFFILIATED PROGRAMS                            2591 V, goodwilleasterseals.org
  0020, naf@ataxia.org                                    Institute on Community Integration, Vicki Gaylord, Lifeworks Services, Susan Sczcukowski, 651-365-3732,
Nat’l Center for Youth w/ Disabilities, Elizabeth Latts, 612-
                                                            publications@icimail.coled.umn.edu, 612-624-4512            sks@lifeworks.org
  626-2820                                                UofM Disability Services, 612-626-1333 V/TTY, Midway Training Services, Barbara Kale, 651-641-0709
Nat’l. Multiple Sclerosis Society, MN Chapter, Jill Retzer,612-
                                                            webmaster@disserv.stu.umn.edu                             Rise, Inc., 763-786-8334, bdepoint@rise.org
  335-7900, 1-800-582-5296 V/TTY, jretzer@mssociety.com   UofM Disabled Stud Cultural Ctr, 612-624-2602, 612-626- TSE, Inc., Phil Saari, 651-489-2595
People, Inc. Epilepsy Services, Anne Barnwell, 612-338-     7003 TTY                                                  Vinland Center, Carol Jackson, 763-479-3555 V/TTY, vinland
  9035, www.orgsites.com/mn/epilepsy                                                                                    @vinlandcenter.org
Spina Bifida Association of MN, Lisa Schaffee, 651-222-6395       VISION IMPAIRMENT SERVICES                          Wings, Debbie Atterberry, 612-752-8844, djatterberry
Twin Cities Autism Society, 651-647-1083                  Am. Council of Blind Services, James Olsen, 612-332-3242      @juno.com
United Cerebral Palsy of MN, JoAnn Erbes, 651-646-7588, 1-BLIND, Inc., Joyce Scanlan, 612-872-0100
  800-328-4827, ext.1437, ucpmn@isd.net                   Commu. Ctr for the Blind, Dave Andrews, 651-642-0513
                                                          Deaf Blind Services MN, Jean Greener, 612-362-8454 V/
                   SERVICE DOGS                             TTY, info@dbfm.org
Hearing and Service Dogs of MN, Alan Peters, 612-729-5986 Radio Talking Book, 651-642-0500
 V, 612-729-5914 TTY, hsdm@bitstream.net                  Sight & Hearing Association, 651-645-2546
Helping Paws Of MN, 952-988-9359, helpingpaws@ens.net

                                         If your organization would like to be included in the
                                 Directory of Organizations, contact ACCESS PRESS at Suite 185N,
                           1821 University Ave.W. St. Paul, MN 55104 • 651-644-2133 • access@mninter.net




             Youth Works•AmeriCorps is currently recruiting for full and part-time positions
             beginning in September.

             Youth Works•AmeriCorps, the domestic Peace Corps, is a national service program
             in which members commit to a year of service in areas of critical community need.
             Members tutor kids, build affordable homes, preserve natural resources or assist
             recent immigrants, the elderly, or those who are homeless.

             Youth Works•AmeriCorps is real-life education. Members gain experience for future
             careers and develop leadership, teamwork and communication skills. They receive a
             monthly stipend, and upon completion of service receive an education award to help
             pay for college or vocational training, or to pay off student loans.

             Whatever your interest, Youth Works•AmeriCorps needs your skills and dedication.
             For information about becoming a member, contact Michelle Trebtoske at
             (651) 582-8214, TTY: 651-582-8201 or michelle.trebtoske@state.mn.us.




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12        July 10, 2001


Repetitive Motion Disorders: The Unseen Disability
Part II: Political and financial concerns fuel repeal of ergonomics regulations
by Amy Farrar
In last month’s Part 1, Amy talked about the extent and seriousness of Repetitive Motion Disorders. This month she talks about efforts at the state and federal level to reduce the damage caused by RMDs.


S   ay the word “ergonom-
    ics” and you will get
completely different reac-
                                     workers who were injured for employers to follow.
                                     from RMDs.                      Secretary Chao is slated to
                                                                     decide by September whether
                                                                                                                 overseas.” Northrup and Rep.
                                                                                                                 Henry Bonilla, R-Texas, co-
                                                                                                                 sponsored the measure to
                                                                                                                                                    want to completely do away
                                                                                                                                                    with the concept that it [the
                                                                                                                                                    problem of RMDs] is work-
                                                                                                                                                                                       standards, but Minnesota
                                                                                                                                                                                       OSHA does cite for injuries
                                                                                                                                                                                       and illness under the General
tions from businesspeople,           RMDs—also called cumula- her department will develop                        overturn the regulations.          related!” Barnes said it seems     Duty clause, and he believes
health care specialists, union       tive trauma disorders, muscu- new ergonomics regulations.                                                      as if the more recognition         the state can do better than the
representatives, and people          loskeletal disorders (a wider In the meantime, thousands                    Michael Kuchta, editor of The      RMDs get as a disability, the      federal regulations that would
with repetitive motion disor-        classification of injuries, in- of American workers, if not                 Union Advocate, said these         more resistance she’s seeing       have been in place. Honerman
ders (RMDs). There is no             cluding those that result from more are being injured every                 types of arguments “are red        by the business community, in      said ergonomic standards
doubt that people with RMDs          repetition), repetitive stress day.                                         herring arguments the busi-        which many companies fear          would have more specifically
have a real disability. How-         disorders, and repetitive                                                   ness community throws out          the potential cost of providing    stated what employers would
ever, the recent legislative         strain—affect people differ- According to Facts on File,                    there…it’s the same type of        infrastructure improvements        need to do to address work-
repeal of ergonomics regula-         ently and present with a wide when President Bush signed                    argument they threw out with       to protect workers. Advocates      place hazards. California and
tions established by the Occu-       variety of symptoms, depend- JSRES6, he called the regula-                  the Family and Medical             argue, however, that the           Washington are the only
pational Safety and Health           ing on a multitude of factors. tions, “unduly burdensome                    Leave Act.” Kuchta said he         enormous cost of treating          states with ergonomic stan-
Administration (OSHA) is             These factors make it ex- and overly broad.” He said the                    believes there is a lot of sound   employees with RMDs over-          dards right now.
ample evidence that opinions         tremely difficult to assign one rules would provide “uncer-                 evidence for how the OSHA          shadows any potential infra-
on how RMDs in the work-             cure or cause for RMDs. U.S. tain benefits” and “would                      standards were developed,          structure costs.                   According to OSHA, the
place should be dealt with are       Bureau of Labor Statistics have cost both large and small                   and that they went through the                                        benefits of the regulations,
as opposite as they come.            (BLS) say that in 1999 (the employers billions of dollars                   same procedure all federal         In Minnesota, according to         had they taken effect, would
                                     year for which the bureau has and presented employers with                  regulations go through, in-        James Honerman, a depart-          have included the prevention
President Bush signed a bill in      the most recent statistics), overwhelming compliance                        cluding a decade of comment        ment spokesman for Minne-          of 3 million MSDs (musculo
March that, according to the         246,700 people in the United challenges.”                                   periods, revisions, and hear-      sota OSHA, “We’ll continue         skeletal disorders) over ten
March 22 edition of the Facts        States had disorders associ-                                                ings.                              to do the things we’ve been        years, an average of 300,000
on File News Service, “effec-        ated with repeated traumas, or Another argument for repeal-                                                    doing in Minnesota. If we see      per year; the protection of
tively annulled a wide-rang-         66 percent of the total number ing the regulations is that                  Although OSHA’s regula-            a trend of high rates of illness   27.3 million workers at 1.9
ing workplace safety initia-         of injuries recorded for that employers have no way of                      tions have been repealed,          and injury, we will work           million work sites; $22,500 in
tive imposed by former Presi-        year. These numbers don’t knowing whether an RMD                            OSHA can still cite compa-         within that industry to lower      direct cost savings for each
dent Bill Clinton in the final       account for unreported cases. occurred on or off the job.                   nies under its General Duty        rates of illness and injury. The   MSD prevented; and $9
days of his presidency.” The                                         This argument is bolstered by               Clause (Section 5A1). But          enforcement will be there.”        billion average savings each
bill, JSRES6, was a joint            Since the repeal of the the conclusion by the U.S.                          Kuchta is one of many who                                             year (currently MSDs cost
Senate resolution to repeal          regulations, union workers, Bureau of Labor Statistics                      don’t believe there will be any    Honerman said Minnesota            $15 to $20 billion in workers’
OSHA regulations (S21-93,            legislators who supported the that hundreds of thousands of                 replacement rules. “Maybe          OSHA has done specific             compensation costs with total
under public law 91-596) that        regulations, and others have people with RMDs, if not                       some guidelines [will be put       things to address ergonomics       costs as high as $45 to $60
would have required employ-          been asking Labor Secretary more, never report their                        in place], but no kind of          issues in the workplace. One       billion each year). According
ers to provide ergonomic             Elaine Chao when replace- injuries for fear of losing their                 regulations that will be en-       example he cited was what his      to OSHA statistics, the cost of
workspaces and equipment to          ment rules will be put in place jobs. Other opponents of the                forceable by law. The market-      office did to counteract the       fixing a workstation averages
                                                                     regulations say that many                   place (individual businesses)      high number of RMDs in the         $150 per year, and employers
                                                                     employers are already taking                will dictate what a safe           meatpacking and nursing in-        would have had to pay $4.2
                                                                     steps to protect their workers,             workplace is,” he said. “How       dustries in the 1980s and late     billion, including $875 mil-
                                                                     but union representatives say               do you evaluate what the cost      1990s. Honerman said onsite        lion now lost by workers
                                                                     not all employers can be                    of this would be?” he said,        walk-throughs were con-            whose income and benefits
                                                                     trusted.                                    adding that the wide divide in     ducted, followed by em-            are not fully covered by
                Home Care Services                                                                               opinion on the issue between       ployee surveys and educa-          workers’ compensation.
                  Available 24 hours per day                                    In the March 8, 2001 issue of the business and scientific           tional classes for both em-
                                                                                the Congress Daily, reporter communities makes it even              ployees and employers. He          For additional information on
     Specializing in the care of Children • Adults • Elderly                    April Fulton quoted Rep. more difficult to figure out.              said employees were trained        RMDs, the following Web
                                                                                Anne Northrup, R-Ky, as                                             on safety and health hazards       sites may be of use: www.osha
     We provide Personal Care Assistants • Home Health                          saying, “Opponents of the Action On The State Level                 and safety programs were put       .gov (Occupational Safety
     Aides • Homemakers • Live-in Caregivers • Nursing                          ergonomics regulation—who                                           in place.                          and Health Administration);
        Our Rehabilitative Services include: Physical/                          said it was too broad, would Now, states are in the position                                           www.aflcio.org (American
         Occupational/Speech/Respiratory Therapies                              put employers out of business to develop their own stan-            “Minnesota OSHA is looking         Federation of Labor and
                                                                                and override current volun- dards for ergonomics. Ac-               at what other states have          Congress of Industrial Orga-
                  PCA Provider Organization
                                                                                tary ergonomics efforts— cording to Stephanie Barnes,               adopted for their own ergo-        nizations; www.bls.gov (U.S.
                 MA/Waiver/Medicare Certified
                                                                                praised the vote. If the Clinton founder of ARMS (Associa-          nomic standards,” he said. He      Bureau of Labor Statistics);
      612-544-0315 or 1-800-231-0315                                            rule were allowed to stand, it tion for Repetitive Motion           said Minnesota doesn’t cur-        and www.nas.edu (National
                                                                                would “drive our best jobs Syndromes), “Some states                 rently have any ergonomic          Academy of Sciences).


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*                                                                                                                                                                                                                 *
*                                                                                                                                                                 July 10, 2001                          13

GARRETT- Cont. from p. 1                                                                                                                      The language of the entire bill that
                                                                                                                                               waives the State of Minnesota’s
                                             Missouri                          Minnesota                     What Will This Law
                                                                                                               Accomplish?
                                                                                                                                                  Garrett ruling immunity,
seeking to enforce rights or       Missouri’s approach to legis-     Minnesota’s legislation was                                            contained in the current Session Laws
obtain remedies afforded by        lation was both more conser-      crafted mostly by legislators       At this point, we await the            as Chapter 159, is as follows:
the following federal laws         vative and more novel. Mis-       and followed, in many ways,         filing of federal lawsuits
and their implementing regu-       souri introduced “emergency”      California’s bill. However, it      under these statutes against
                                                                                                                                            BE IT ENACTED BY THE LEGISLATURE OF THE STATE
lations...” [The following         legislation which, if passed,     focused solely on remedying         the state by a state employee.
                                                                                                                                            OF MINNESOTA:
statutes are then listed: Fair     would have become effective       erosions to the ADA caused          It will be interesting to see if
Labor Standards Act, Title         retroactively. “This section      by the Supreme Court. There-        Minnesota’s state courts, or
                                                                                                                                            Section 1. [1.05] [WAIVER OF IMMUNITY FOR
VII of the Civil Rights Act,       shall apply to all actions        fore, it focused solely on          the federal courts, uphold this
                                                                                                                                            VIOLATIONS OF CERTAIN FEDERAL STATUTES.]
Age Discrimination in Em-          pending or initiated on or        returning to state employees        statute or limit its provisions
ployment Act, Family and           after February 21, 2001.”         the right to sue the state in       in any way. Also, of course,
                                                                                                                                            Subdivision 1. [AGE DISCRIMINATION IN EMPLOY-
Medical Leave Act, and the         Missouri’s legislation only       federal courts. It is unfortu-      while the current Attorney
                                                                                                                                            MENT ACT.] An employee, former employee, or
Americans with Disabilities        targeted the Americans with       nate, in the view of disability     General of Minnesota sup-
                                                                                                                                            prospective employee of the state who is aggrieved by the
Act.]                              Disabilities Act. The bill did    advocates, that the legislation     ported this waiver of immu-
                                                                                                                                            state’s violation of the Age Discrimination in Employment
                                   not waive Missouri’s immu-        was not broadened to include        nity legislation—as did the
                                                                                                                                            Act of 1967, United States Code, title 29, section 621, et
“(b) In any action brought         nity from lawsuits under the      consent to be sued under Title      Governor and the legisla-
                                                                                                                                            seq., as amended, may bring a civil action against the state in
pursuant to the federal laws       ADA against the state filed in    II of the Americans with            ture—future lawmakers may
                                                                                                                                            any court of competent jurisdiction for such legal or
described in Subdivision (a),      federal court. Instead,           Disabilities Act as well, since     seek to repeal this law.
                                                                                                                                            equitable relief as will effectuate the purposes of the act.
no immunity from suit may          Missouri’s legislation, if        our Appellate Circuit has
be asserted by any public          passed, would have meant          limited the right to such suits     Advocates will probably be
                                                                                                                                            Subd. 2. [FAIR LABOR STANDARDS ACT.] An
agency pursuant to the 11th        that Missouri expressly con-      already. But, had the legisla-      considering the wisdom of
                                                                                                                                            employee of the state who is aggrieved by the state’s
Amendment of the United            sented to be sued in State        tion been broader, it might not     leaving the current law alone
                                                                                                                                            violation of the Fair Labor Standards Act of 1938, United
States Constitution, and any       Court but under the provi-        have passed at all.                 or trying to expand it to
                                                                                                                                            States Code, title 29, section 201, et seq., as amended, may
immunity is hereby waived.         sions set forth in the federal                                        include coverage for persons
                                                                                                                                            bring a civil action against the state in any court of competent
                                   ADA legislation. This might       Amazingly, there was little         who wish to sue the state
                                                                                                                                            jurisdiction for such legal or equitable relief as will
“(c) For purposes of this          have had the effect of implic-    discussion about this legisla-      because they have been de-
                                                                                                                                            effectuate the purposes of the act.
section, ‘public agency’           itly incorporating the ADA        tion in committees or on the        nied public services by state
means the state, its agents,       into the state civil rights       floor of either house. Advo-        agencies. An example of the
                                                                                                                                            Subd. 3. [FAMILY AND MEDICAL LEAVE ACT.] An
officers, and employees, and       statutes. Depending upon how      cates and coalitions did not        kind of coverage Minnesota
                                                                                                                                            employee, former employee, or prospective employee of the
its political subdivisions in-     limited Missouri’s state stat-    lobby for the bill. In fact, they   currently lacks in federal
                                                                                                                                            state who is aggrieved by the state’s violation of the Family
cluding, but not limited to,       ute regarding disability dis-     were told that the low-key          court is that students who are
                                                                                                                                            and Medical Leave Act, United States Code, title 29,
charter cities and instrumen-      crimination is, this might have   approach was a better one for       discriminated against by a
                                                                                                                                            sections 2601 to 2654, as amended, may bring a civil action
talities.” This bill was clearly   been a big victory for disabil-   getting this bill passed. It        state college or university
                                                                                                                                            against the state in any court of competent jurisdiction for
intended to include any            ity advocates. The damages        worked. The bill passed and         may not sue the state in
                                                                                                                                            such legal or equitable relief as will effectuate the purposes
immunity claimed by cities         were fairly conservative how-     was signed into law. The bill       federal court for money dam-
                                                                                                                                            of the act.
or counties and therefore          ever, capping monetary dam-       waives immunity by Minne-           ages. Such students could still
goes beyond the state waiver       ages at whatever caps exist in    sota from federal lawsuits by       file charges with the Human
                                                                                                                                            Subd. 4. [AMERICANS WITH DISABILITIES ACT.] An
of immunity set forth in the       the state’s current law and       state employees under the           Rights Department or file
                                                                                                                                            employee, former employee, or prospective employee of the
Rhode Island statute. This         prohibiting punitive damages.     Fair Labor Standards Act, the       lawsuits in state court under
                                                                                                                                            state who is aggrieved by the state’s violation of the
bill also did not pass.            It will be interesting to watch   Age Discrimination in Em-           the Minnesota Human Rights
                                                                                                                                            Americans with Disabilities Act of 1990, United States
However, some form of it           Missouri in the next few years    ployment Act, the Family and        Act. Also, plaintiffs can still
                                                                                                                                            Code, title 42, section 12101, as amended, may bring a civil
may pass at another time with      to see whether this strategy is   Medical Leave Act, and the          sue in federal court for
                                                                                                                                            action against the state in any court of competent jurisdiction
continued work by coalitions       tried again.                      employment provisions of the        injunctive relief such as
                                                                                                                                            for such legal or equitable relief as will effectuate the
of advocates.                                                        Americans with Disabilities         change of policies. Advocates
                                                                                                                                            purposes of the act.
                                                                     Act.                                will need to monitor lawsuits
                                                                                                         and future legislation on this
                                                                                                         issue as well as monitoring the
                                                                                                         status of this current law.

      TIPS ON BUYING                                                                                      Kathleen R. Hagen is a staff
                                                                                                         attorney with the Minnesota
                                                                                                                                            Readers who want to keep up with the ongoing efforts to
                                                                                                                                            stop the appointment of Appellate and Supreme Court
                                                                                                                                            justices who would further erode civil rights statutes can

    PRESCRIPTION DRUGS                                                                                   Disability Law Center              search for the latest information on www.ncil.org and
                                                                                                                                            www.bazelon.org.


          ONLINE                                                                                             METROPOLITAN COUNCIL NOTICE OF PUBLIC HEARING
                                                                                                                            ON ADOPTION OF HOUSING AGENCY PLAN

C     ommon sense can go far • DON’T buy from sites that
      to protect you when
shopping at pharmaceutical
                                include undocumented case
                                histories claiming amazing
                                                                     • DO check with your state
                                                                       board of pharmacy or with
                                                                       the National Association of
                                                                                                         The Metropolitan Council’s Livable Communities Committee will conduct a public hearing to
                                                                                                         discuss the Public Housing Agency Plan and receive public comment.

Web sites. As the number of     medical results.                       Boards of Pharmacy                The Public Housing Agency Plan is required by the U. S. Department of Housing and Urban
online pharmaceutical sites                                            (NABP) at www.nabp.net .          Development (HUD). The Plan includes basic housing agency policies, rules and requirements,
grows, more and more of • DON’T buy from sites                         Some sites display the            concerning its operations, programs and services. The Plan is intended to be a convenient
them bypass the traditional     without posted customer                NABP VIPPS (Verified              source of information for public housing residents, participants in the tenant-based assistance
procedures and safeguards for   service policies.                      Internet Pharmacy Practice        programs and other members of the public. The Plan includes one-year program goals such as
prescribing medication.                                                Sites) seal, an assurance that    maximizing utilization of Section 8 program funding. The five-year plan includes long-term
                              • DO take only medications               such sites meet all applicable    goals of the agency such as new program development and implementation. To the extent
Some sites sell products that   that have been prescribed by           state and federal regulations.    practicable, the PHA plans will eventually consolidate all PHA information that is required to
are not approved by the Food    your doctor or other                                                     be submitted under existing HUD planning and reporting requirements into one document.
and Drug Administration. Or,    authorized health care               • DO buy only from US-
if they carry approved drugs,   provider.                              based sites.                                 The public hearing will be held: 3:30 p.m., Monday, August 20, 2001
they may avoid procedures                                                                                 Metropolitan Council, Rm IA, Mears Park Centre Bldg, 230 E 5th St., St.Paul, MN 55101
that were set up to protect • DO buy only from sites that            • DO report problems. If you
consumers.                      require prescriptions from a           suspect a site is not a           The Housing Agency Plan is available for public review at the HRA administrative offices
                                physician or other authorized          licensed pharmacy, do not         located at 230 East Fifth Street in St. Paul, and on the Metropolitan Council’s website at
The following tips are from     health care provider and that          buy from it. Report the site      www.metrocouncil.org. All interested persons are encouraged to attend. the hearing and offer
the FDA:                        verify each prescription               and any complaints to the         comments. People may register in advance to speak by calling Mary Ahern at 651-602-1605 or
                                before dispensing medi-                FDA at www.fda.gov/oc/            TTY at 651-291-0904. Upon request, the Council will provide a reasonable accommodation
• DON’T buy from sites that     cation.                                buyonline/buyonlineform.          to persons with disabilities. In addition to speaking at the hearing, comments may be made in
  offer to prescribe a medi-                                           htm For more information,         the following ways:
  cation for the first time • DO use sites that provide                go to www.fda.gov or call
  without a physical exam by    convenient access to a                 1-888-INFOFDA.                    Written, faxed, e-mail and voice mail comments to:
  your doctor or that sell      licensed pharmacist who                                                   Mary Ahern, Metro HRA, 230 East Fifth St., St. Paul, MN 55101
  prescription medicine with-   can answer your questions.           Information in this article          Telephone: 651-602-1605 • Fax: 651-602-1313 • Email: mary.ahern@metc.state.mn.us
  out a prescription.                                                provided by the FDA.
                                                                                                                             Comments must be received by Friday, August 17, 2001.



*                                                                                                                                                                                                        *
*
14        July 10, 2001

Adapted Water                                                                                                                                                                                          ads
                                                                                                                                                                                                 More 15
                                                                           Access To Employment                                                                                                   on p.
Skiing: A MN                                                        Administrative           Employment ads are $14 per col. inch; July
                                                                                                                                                                                              LEGAL
                                                                                             27 is the deadline for the Aug. 10 issue. Mail
Pastime                                                               SECTION SERVICES
                                                                        COORDINATOR
                                                                    The MSBA is seeking a FT
                                                                                              to: ACCESS PRESS • 1821 University Ave. •
                                                                                             #185N • St. Paul, MN 55104 • FAX 651-644-2136
                                                                                                                                                                                         ADMINISTRATIVE
                                                                                                                                                                                            ASSISTANT
                                                                                                                                                                                           Trusts & Estates
                                                                                                       E-mail: access@mninter.net
by The Courage Center                                               person to assist with activities
                                                                                                                                                                                     Faegre & Benson LLP, a
I  t can only be described as
   the ultimate experience:
flying across the water, con-
                                                                    related to the section manage-
                                                                    ment process (preparing meet-
                                                                    ing notices, attendance rosters,
                                                                                                                                                                                     leading Minnesota law firm,
                                                                                                                                                                                     has a great opportunity for an
trolling your ski by leaning,                                       mailings; making meeting ar-                                                                                     experienced Legal Adminis-
and then jumping the wake to       times overwhelming to any        rangements, handling registra-                                                                                   trative Assistant in our Trust
swing wide across a lake as        skier.                           tion needs (on- and off-site);                                  FACULTY POSITIONS                                & Estates practice group.
smooth as glass. It’s a feeling                                     handling product sales; work-                                                                                    Ideal candidates will have at
of power, combined with the        The popularity of the sport      ing with members (volunteers)          Hennepin Technical College, with campuses in Brooklyn Park                least 3 years legal secretarial
exhilaration of spray from a       has resulted in a dash to sign   and staff liaisons). The suc-          and Eden Prairie, and centers in Plymouth and Hopkins, is                 experience; excellent organi-
Minnesota lake. Who would          up for the program, although     cessful candidate should have          actively seeking applications for part-time and full-time                 zational and communication
imagine that people with           we do have some openings for     past exp demonstrating excel-          probationary faculty vacancies for the 2001-2002 academic                 skills; proficient word pro-
disabilities could water ski?      those who want the thrill of     lent organizational skills and         year. All positions have a proposed start date of August 20,              cessing skills; keyboarding at
                                   adventure! Our goal is to        attention-to-detail, enjoy pro-        2001. All positions require applicants to meet minimum                    60+ wpm; along with a team-
The sport that began in            offer activities that give       viding excellent customer ser-         occupational and educational requirements for the particular              oriented, flexible work style.
Europe is now one of the most      meaning to life—and water-       vice, and thrive in a fast-paced       Minnesota State Colleges and Universities (MnSCU)
popular sports at Courage          skiing is certainly one of       atmosphere. Exp meeting plan-          vocational teaching license. A Bachelor’s degree for faculty              This position offers an inter-
Center and Courage Duluth.         them!      Opportunities are     ning and using Word97, AC-             positions is strongly preferred unless otherwise noted. All               esting, fast paced challenging
Each spring the water ski          available from June 20 to        CESS97 are pluses. Send re-            positions listed are eligible for comprehensive State of                  opportunity in a professional
program fills with thrill seek-    August 22 at Lake Owasso in      sume and salary requirements           Minnesota benefit packages.                                               work environment. Faegre &
ers, the daring, and the rest of   Roseville (763-520-0473) and     to MN State Bar Assn, Di-                                                                                        Benson LLP offers a competi-
us who just get a charge out of    from July 10 to August 14 at     rector of Administration,              Current Faculty Positions Open:                                           tive wage and an excellent
challenging ourselves. But         Pike Lake in Duluth (218-        600 Nicollet Mall, #380, Min-          Instructor - Mathematics, Brooklyn Park Campus (Master’s                  benefits package, including a
our water skiing technique is a    726-4762) The cost for an        neapolis, MN 55402. EOE.                 degree required)                                                        discounted bus program--
bit different.       We have       outing is $20 per evening.                                              Instructor - HVAC (Heating/Air Conditioning/Refrigeration),               Metropass. For additional in-
physical limitations and don’t                                                                               Brooklyn Park Campus                                                    formation about Faegre &
ski in the traditional way.           OFFICE MANAGER/EDITORIAL ASSOCIATE                                   Instructor -English, Brooklyn Park arid Eden Prairie                      Benson, visit our web site at
                                                  Access Press                                               Campuses (Master’s degree required)                                     www.faegre.com. Please send
Cradled in a sling type seat                                                                               Instructor - Nursing, Eden Prairie Campus (Bachelor’s degree              resume and salary history to
attached to a wide ski board, a    Immediate opening. Help produce Minnesota’s monthly news-                 required)                                                               Human Resources:
person can leave their wheel-      paper covering a wide range of disability related issues. We            Instructor - Painting and Decorating, Minnesota Correctional
chair on the shore and find        need someone who is well organized, able to work                          Facility -Shakopee                                             FAEGRE & BENSON LLP
freedom as they fly across the     independently and as part of 2-3 person team, and has excellent         Instructor - Sociology, part-time (.75 - .95), Brooklyn Park and 2200 Wells Fargo Center
lake pulled by a ski boat.         writing skills. Computer proficiency–database management,                 Eden Prairie Campuses (Master’s degree required)                90 South Seventh Street
                                   word processing, Internet. Basic bookkeeping experience                                                                                   Minneapolis, MN 55402
In recent years adaptations        helpful. Knowledge of disability preferred. 30 hours per week           Please call 763/550-2183 to request a description of individual Fax: 612-766-1763 Internet:
have been developed that           with benefits–health insurance, paid sick and vacation leave.           positions. To apply, please send cover letter, resume and a list      HR@faegre.com
allow those with limited           Resumes to: Access Press, 1821 University Ave, W, 185-N,                of references to Darren Hoff, Personnel Officer, Hennepin
balance and limited arm            St. Paul, MN 55104; Phone: 651-644-2133; fax: 651-644-                  Technical College, 9000 Brooklyn Blvd., Brooklyn Park, Equal Opportunity Employer
strength to enjoy the sport too.   2136.        AA/EOE                                                     MN 55445. HTC is an AA/EEO employer and educator.
Specially-designed outriggers
help with balance, and tow-


                                                 Professional Directory
rope attachments provide the
skier with stability and sup-
port while eliminating the
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        Computerized Desktop publishing:
 Brochures                                                                                                                                            INDEPENDENCE CROSSROADS, INC.
                                                                                                                                                             Serving people with disabilities since 1976.
  Catalogs
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                                                                                                                                                         Office (952) 854-8004     Fax (952) 854-7842
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*                                                                                                                                                                                                                 *
*                                                                                                                                                                    July 10, 2001                           15


                     Access To Employment                                                                                                                  ads
                                                                                                                                                     More . 14
                                                                                                                                                                                 EDUCATION

        EMPLOYMENT ADS ARE $14 A COL. INCH; JULY 31 IS THE DEADLINE FOR THE AUGUST 10 ISSUE. Mail to:                                                 on p                              ASSISTANT
ACCESS PRESS 1821 University Ave. • #185N St. Paul, MN 55104 • Fax 651-644-2136 • E-mail: access@mninter.net                                                                            EDUCATION
                                                                                                                                                                                        SPECIALIST
Legal                                                                    Legal                              Human Resources                      ADMINISTRATIVE
                                                                                                                                                    ASSISTANT                    U of M Disability Services
    LITIGATION                                                               CASE MANAGER                           STAFFING                    Marketing Department             seeks up to three fulltime or
   TECHNOLOGY                                                                                                       MANAGER                                                      parttime Assistant Education
PROJECT SUPERVISOR                                                       Due to growth, Faegre &                                                Great opportunity below!         Specialists to work with stu-
                                            PARALEGAL                    Benson LLP, a leading Min-         Faegre & Benson LLP, a lead-                                         dents with disabilities.
Due to growth, Faegre &                 Probate, Tax & Estate            nesota law firm, has a new         ing Minnesota law firm, has a     Faegre & Benson LLP, a lead-
Benson LLP, a leading Min-          Gray Plant Mooty, a 130+ at-         opening in our Litigation Tech-    new opening for a Staffing        ing Minnesota law firm, has an     Qualified candidates will have
nesota law firm, has a new          torney downtown -Minneapo-           nology Services department.        Manager. This position will       opening for an Administrative      a MA in Rehab cnslg, social
opening in our Litigation Tech-     lis law firm, is seeking a para-     As a case manager you will         develop and implement pro-        Assistant. This person will re-    work, student personnel, cnslg
nology Services department.         legal with 5+ years experience       consult with lawyers, parale-      cedures for meeting the staff-    port directly to our Director of   psychology, or a related field;
The project supervisor pro-         in preparation of individual         gals and project managers to       ing needs of our litigation       Marketing and Public Rela-         2 yrs exp wkg with people
vides direct work supervision,      and fiduciary income tax re-         analyze, recommend, design,        teams. You will assess, plan      tions. Your responsibilities       with disabilities, particularly
training, scheduling and coor-      turns, federal estate tax returns,   implement, monitor and sup-        and implement staffing re-        would include: coordinating        psychiatric disabilities; knowl-
dination of workflow for liti-      and estate/trust administration.     port litigation projects; assist   quirements for case projects;     materials & activities for firm    edge of federal and state laws
gation support projects involv-     Duties include preparation of        lawyers and paralegals with        work with a variety of vendors    seminars; handling ticket re-      and community resources per-
ing temporary and regular per-      annual accounts, individual &        project management on the          to fill openings on a short no-   quests for local events; pre-      taining to people with disabili-
sonnel. Candidates should           fiduciary income tax returns,        effective use of systems imple-    tice; regularly evaluate and      paring proposal materials for      ties; exp in consultation and
have 1 year exp. in a supervi-      and estate tax returns. Addi-        mented on their behalf and         monitor the quality and quan-     lawyers; maintaining files for     training on disability issues,
sory or staffing position; 1 year   tional duties include estate &       develop case management            tity of work produced by staff;   marketing and public relations     and strong communication and
exp. in coding & other litiga-      trust administration, including      plans, budgets and schedules.      assess upcoming needs and         activities; updating & main-       organizational skills. Preferred
tion support activities; an ad-     probate filings, valuation of        In addition, you will provide      workflow; recruit personnel       taining the marketing database,    experience in postsecondary
vanced software and database        assets, and preparation of di-       case application specific train-   through a variety of other re-    along with a variety of other      student services, deaf/hard of
background; excellent organi-       vision schedules and book-           ing with litigation teams; co-     cruitment sources; and address    administrative duties.             hearing and/or visual impair-
zational and communication          keeping. Position entails ex-        ordinate and support trial pre-    performance issues and con-                                          ment services.
skills; along with a team-          tensive client contact. Must be      sentation systems; monitor         cerns.                            Our ideal candidate will have
oriented flexible work style.       proficient in Excel. Familiar-       case work flow; interact with                                        around two years of adminis-       Review of applications will
B.A. degree and/or paralegal        ity with ProSystem helpful.          clients, co-counsel, opposing      Our ideal candidate will have     trative experience with excel-     begin by July 1, 2001 and will
training helpful.                   Accounting background and            counsel and a variety of other     strong knowledge of human         lent organizational, computer      remain open until filled.
                                    Paralegal Certificate preferred.     employees. B.A. deg and a          resources practices and em-       & communication skills. In
Our ideal candidate will have       We offer a professional work         minimum of 5 years experi-         ployment laws, excellent ver-     addition, star candidate will      Send letter of application, vita
excellent organizational, com-      environment, educational op-         ence as a litigation paralegal     bal, written and communica-       be people, service & action        or resume, and the names, ad-
puter & communication skills.       portunities, a culture empha-        or related work in a legal envi-   tion skills, along with the abil- -oriented. Faegre & Benson         dresses, and phone numbers
In addition, we are looking for     sizing work/life balance, com-       ronment is required. Must have     ity to work successfully under    LLP offers competitive wages       of 3 references to: Jane Salmi,
an individual with a strong         petitive salaries & benefits (in-    at least 3 years experience        deadlines and to motivate oth-    and an excellent benefits pack-    Disability Services, McNa-
sense of urgency who is people,     cluding medical, dental, profit      working with legal database        ers to perform. In addition, we   age, including a discounted bus    mara Alumni Center, Suite
service & action-oriented and       sharing, and 401k). Send re-         software, on-line deposition/      are looking for an individual     program — Metropass. For ad-       180, 200 Oak St. SE, MPLS,
has a proactive, flexible work      sume with cover letter to HR,        transcript programs and other      with a strong sense of urgency    ditional information about         MN 55455.
style. Faegre & Benson LLP          Gray Plant Mooty, 3400 City          litigation support tools.          who is people, service &          Faegre & Benson, visit our
offers a professional work en-      Ctr; 33 S. 6th St., Mpls, MN                                            action-oriented and has a pro-    web site at www.faegre.com.                   U of M
vironment, competitive wages        55402; fax to 612-333-0066;          Our ideal candidate will have      active flexible work style. B.A.  Please send resume and salary           Equal Opportunity
and an excellent benefits pack-     or e-mail to Anne Weinauer           excellent organizational, com-     degree preferred, 4-6 years       history to Human Resources:           Educator and Employer
age, including a discounted bus     @gpmlaw. com                         puter & communication skills.      experience in a high volume
program–Metropass. For ad-                                               In addition, we are looking for    staffing environment. Super- FAEGRE & BENSON LLP                      ACCOUNTS PAYABLE
ditional information about            Equal Opportunity and              individuals with a strong sense    visor experience is required.     2200 Wells Fargo Center                SPECIALIST
Faegre & Benson, visit our              Affirmative Action               of urgency who are people,                                           90 South Seventh Street
web site at www.faegre.com.                  Employer                    service & action-oriented and      Faegre & Benson LLP offers a      Minneapolis, MN 55402              American Guidance Service
Please send resume, position                                             have a proactive, flexible work    professional work environ-           Fax: 612-766-1363               is a leading publisher of ed-
interest and salary history to                                           style. Faegre & Benson LLP         ment, competitive wages and Internet: HR@faegre.com                  ucational assessment and in-
Human Resources:                                                         offers a professional work en-     an excellent benefits package,                                       structional materials. AGS
                                                                         vironment, competitive             including a discounted bus Equal Opportunity Employer                is seeking a professional to
                                      TRAFFIC ENGINEER                   wages and an excellent ben-        program--Metropass. For ad-                                          join our finance department.
FAEGRE & BENSON LLP
 2200 Wells Fargo Center                                                 efits package, including a dis-    ditional information about                                           Responsibilities consist of all
                                 Traffic Engineer wanted to              counted bus program —              Faegre & Benson, visit our                                           accounts payable functions
  90 South Seventh Street
                                 perform operational analysis            Metropass. For additional in-      web site at www.faegre.com.                                          including maintenance of ven-
  Minneapolis, MN 55402
                                 and support traffic studies for         formation about Faegre &           Please send resume and salary                                        dor files, invoice processing,
     Fax: 612-766-1763
                                 a wide variety of transporta-           Benson, visit our web site at      history to Human Resources:         CIVIL ENGINEER                   weekly check runs, AP report-
 Internet: HR@faegre.com
                                 tion projects. Requirements             www.faegre.com. Please send                                                                             ing, assistance in cash man-
                                 include a BS in Civil Engi-             resume and salary history to FAEGRE & BENSON LLP                     SRF Consulting Group, Inc., a      agement, maintenance of in-
Equal Opportunity Employer
                                 neering with an emphasis in             Human Resources:                 2200 Wells Fargo Center             locally owned, growing and         ternal and external customer
                                 traffic/transportation and ex-                                           90 South Seventh Street             well-established transporta-       relations, and ensuring com-
          EXPLORE                cellent verbal and written com-         FAEGRE & BENSON LLP              Minneapolis, MN 55402               tion and engineering firm,         pliance with IRS 1099 pro-
      EMPLOYMENT                 munication skills. PE and/or             2200 Wells Fargo Center            Fax: 612-766-1763                seeks a Civil Engineer for pre-    cess. Qualified candidates
     OPPORTUNITIES               project management experi-                90 South Seventh Street        Internet: HR@faegre.com             liminary and final design of       must have a 2 year degree in
As a leading rehab & resource ence a plus.
                                                                           Minneapolis, MN 55402                                              highway/municipal roadway          accounting and 1-3 years of
center for people with disabili-
                                                                               Fax: 612-766-1763         Equal Opportunity Employer           projects. Requirements in-         experience or equivalent,
ties we offer a variety of open- SRF Consulting Group, Inc. is
                                                                           Internet: HR@faegre.com                                            clude a BS in Civil Engineer-      strong PC skills and excellent
ings in the following areas:     a fast growing, locally owned,                                                                               ing with 2-4 years design ex-      interpersonal skills.
   · Clerical                    and well-established civil en-          Equal Opportunity Employer                                           perience. Excellent written and
   · Fundraising & Other gineering, transportation and
                                                                                                                                              verbal skills a must.            Centrally located just north of
     Professional                planning firm. In addition to                                                                                                                 the downtowns, AGS offers a
   · Therapists & Aides          varied and exciting work in a
                                                                                                 DISPATCHER                                   In addition to varied and excit- competitive salary and ben-
   · Nursing/CNAs                positive atmosphere, SRF of-                                                                                 ing work in a positive atmo- efits package. If you would
Please call our job hotline at fers competitive salary and
                                                                         The Hopkins Police Department has a vacancy for a 9-1-1              sphere, SRF offers competi- like to work in a friendly,
763-520-0518 or visit our benefits, 401(k) & profit shar-
                                                                         Dispatcher. Position performs 9-1-1 dispatching & other              tive salary and benefits, 401(k) team-oriented environment,
website at www.Courage.org ing. If you want a career with
                                                                         duties as required. Min. req.: high school grad. or equiv.,          &profit sharing. If you want a interested candidates may
for details on current positions strong growth potential in one
                                                                         typing speed of 30 w.p.m. Desirable qual.: 9-1-1 dispatching         career with strong growth forward BOTH RESUME &
available. Courage Center, of ENR’s Top 500 design
                                                                         exp. Salary range: $14.41 - $19.13/hour, excellent benefits.         potential in one of ENR’s SALARY REQUIREMENTS
3915 Golden Valley Road, firms, send you resume to SRF
                                                                         Full job description & position requirements are available at        Top 500 design firms, send to: AGS, Attn: JII, 4201
Golden Valley, MN 55422. Consulting Group, Inc., One
                                                                         Hopkins Police Dept., 1010 1st St. S., Hopkins, MN 55343,            your resume to SRF Con- Woodland Road, Circle
Fax 763-520-0866.                Carlson Pkwy. N, #150, Ply-
                                                                         952-938-8885. City application is required. Applications must        sulting Group, Inc., One Pines, MN 55014, fax to 763-
                                 mouth, MN 55447; fax to                                                                                      Carlson Pkwy. N., #150, 355-2078 or e-mail to jobs@
                                 763-475-2429, or e-mail to              be received by 4 pm, July 24, 2001.
                                                                                                                                              Plymouth, MN 55447; fax agsnet.com. To learn more
                                 hr@srfconsulting.com EOE.                                                                                    to 763-475-2429, or e-mail to about AGS look us up on the
                                                                                          Equal Opportunity Employer
                                                                                                                                              hr@srfconsulting.com; EOE. web at www.agsnet.com.
    EOE. We seek diversity.
                                                                                                                                                                                           EOE



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16         July 10, 2001

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Barrier free housing with 4.5 bath rambler style home, Model #7684LA. Fully auto-
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                                                                                                                                                    MISCELLANEOUS
One and two bedroom apart- LOW MILES 25 M. Full entrance. Less than 130 Hours
ments designed for physically Ricon List. Automatic. EZ use on 40 Horse Force Motor.                            “Words of Love” is a CD by Snoopi Botten, Gary Reyzer’s Lawn Service. Fall and
handi-capped persons. Con- locks, power lock for wheel- Elec. Start, Power Tiller, Fish                         a musician with cerebral palsy who writes and Spring cleanup. Mowing of yards through
venient SE Minneapolis chair, Transfer seat—6 way depth finder, Live-well Ask-                                  performs inspirational songs using a synthetic summer. (763) 755-2613.
location. Call (612) 378-0331 power. $14,000 firm. (612) ing $4900.00. Previous                                 speech system. To order, call (612) 872-7233
for avail-ability information. 379-2629.                      owner’s wheelchair users.                         or visit Snoopi’s website at http://
Equal Opportunity Housing.                                    Contact: J.Schatzlein 952-                        hometown.aol.com/dectalk/myhomepage/
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