User:Jerrycostley/Disabled Rights Action Committee

 

Disabled Rights Action Committee (DRAC)
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Basic Facts:

Formally organized in 1993 Utah’s only grass roots activism organization of persons with disabilities Mission Statement: Expand and assure the rights of people with disabilities Motto: To Boldly Go Where Everyone has Gone Before Current Membership: 545 on membership rolls, of whom approximately 36 are currently active. Web Site: Sponsored listserve: disabledrights@yahoo.com Major Contributors: Catholic Campaign for Human Development, Civil Justice Foundation, Self Development of People Fund.

The Disabled Rights Action Committee (DRAC) was formally organized in 1993 as a grassroots membership organization of activists with disabilities to fight for the civil rights of its members and those of their brothers and sisters with disabilities throughout the state of Utah and the nation. DRAC use non-violent tactics of sitting on boards and committees, sending letters, emails, letters and faxes, visiting with those in power, getting media coverage of their issues, filing lawsuits, and as needed staging non-violent actions or protests. DRAC is a cross-disability organization and welcomes the support and contributions of everyone, regardless of the existence of type of disability.

History and Current Issues

DRAC first organized around the issue of accessible transportation—of convincing local transit authority to provide lifts on buses. Transit official were so opposed to these demands that they locked lifts that came with newly ordered buses so riders with disabilities couldn’t access them. With the help of ADAPT, a national grass roots activist group (see below) DRAC members were able to change Transit official’s minds by first having persons with physical disabilities crawl on to buses at every stop, thereby disrupting their schedules, and then by stopping the busses altogether with wheelchairs.

Since winning this issue, DRAC has focused on helping persons with disabilities avoid unnecessary institutionalization--generally nursing homes. Since persons who are not residing in nursing homes need housing, they have also worked on insuring adequate affordable, accessible and integrated housing, often by helping enforce the Federal Fair Housing Act. Likewise, in keeping with their commitment to full access to the community, which they see as a very basic civil right, they have insured that businesses, government entities and services, entertainment venues and restaurants are fully accessible to persons with disabilities by enforcing the Americans with Disabilities Act. Finally, since individuals cannot live outside of institutional settings without adequate community-based medical care, they also fight for this as a basic civil right. For example, Medicaid funded dental care is regularly eliminated for adults with disabilities by the Utah state legislature. This has resulted in untold suffering as individuals experience the pain, infections, poor health and digestive problems that are caused when easily treated cavities become infected abscesses.

Methods/Activities

The Disabled Rights Action Committee strongly subscribes to the “pitchfork model of advocacy”, which indicates that there are multiple prongs or strategies for effecting change in public policy. Depending on the situation they may use any one or any combination of these strategies. In brief, DRAC members: 1) Write letters, send emails and faxes, meet one on one with government leaders/decision makers, attend public hearings and make public comments. In short, they follow traditional avenues of influencing public advocacy and educating lawmakers. 2) Sit on committees and boards in order to effect change. 3) Utilize Mass Medical—hold press conferences, write letters to the editor, participate in interviews on the radio and television and hold street theatre. In addition, DRAC is beginning to utilize more modern methods of direct communication to their public, such as Twitter and email listserves. In other words, they attempt to effect change in public perceptions and attitudes through effective use of the media. 4) File lawsuits, when it is clear that civil rights are being violated and the law is on their side. 5) Protest and engage in actions. This may entail taking over the offices of decision makers, blocking off streets, sleeping overnight at the state capitol, and other acts of nonviolent civil disobedience, often in combination with invitations to the press. These are always accompanied by specific, easily met demands, such as that decision makers meet with representative members to discuss their concerns/needs, or agreeing to support a particular issue, position or piece of legislation. These actions thus provide access to important decision makers.

The Disabled Rights Action Committee also sponsors ADAPT/Utah—a chapter of the national ADAPT, which is likewise committed to insuring that no person with a disability is unnecessarily institutionalized. ADAPT has generally focused on passage of the Community Choice Act, federal enforcement of the Supreme Court’s Olmstead decision and insuring availability of affordable, integrated, accessible housing as the means for achieving this goal. The Community Choice Act would require that monies that are now available only to fund a nursing home entitlement be made available to purchase attendant care, other community services or adaptive equipment that will allow individuals who qualify for nursing home care to remain in their own homes, surrounded by friends and family. With these funds, persons living in the community would retain the power to hire and fire their attendants and would not be at the mercy of nursing home administrators.

Every six months members of ADAPT/Utah join with over five hundred other “brothers and sisters” with disabilities from all over the country for actions/protest that further these goals. At least one of these actions each year takes place in Washington DC—other actions have taken place in San Francisco, Seattle, Chicago, Atlanta and may other major cities around the country.

In addition to the above advocacy/activism efforts, the Disabled Rights Action Committee is engaged in the following specific services/efforts to protect the civil rights of persons with disabilities:

Work Together -- Helpline

DRAC receives an average of 70 calls and/or letters each month from persons with disabilities and their family members requesting their assistance and expertise. They then work with the person who calls to solve their problems, or help them navigate the system. These calls cover a broad range of disability issues, from how to qualify for benefits to reasonable workplace accommodations to access for service animals to apartment complexes and businesses that are inaccessible. Conversations always end with the invitation to call back if more assistance is needed.

Win/Win – Case Management Program for Nursing Homes

Hundreds of individuals in the state of Utah have expressed an interest in living independently in the community – in their own homes, surrounded by family, friends and support staff that they hire. They know, as we all do, that exercising this choice provides freedom and dignity in a way that forced segregation in a nursing home never can. However, these individuals are often frustrated by a system that forces them to spend years on a waiting list for “Community Supports” funding.

Now, for persons already living in nursing facilities, there is a way to get those community services and supports in their own home – the New Choices Waiver.

Even so, moving out of a nursing home can be daunting. Individuals sometimes need help advocating that life outside the nursing home is the right thing for them. There are benefits they need in order to live successfully in the community that they may need help applying for and/or coordinating. There are various types of supports or services to visit, decide on, arrange for and coordinate.

Through DRAC’s case management program, they provide the combination of advocacy and service coordination that can make life in the community, in individuals’ own homes a reality.

Individuals with disabilities tailor these services to their exact needs. Numerous research studies have unanimously shown that this approach saves taxpayers money over providing “one-size-fits-all” services within nursing homes.

Opening Doors Program

The Americans with Disabilities Act and the accessibility portions of the Federal Fair Housing Act were designed to be enforced by persons with disabilities; no federal enforcement agency exists for this purpose. According, DRAC’s Opening Doors program teaches people with disabilities and their friends the Fair Housing law and the Americans with Disabilities Act, and how they, by surveying, can determine violations of those laws. Conversely, DRAC also teaches the limitations of these laws, since individuals with disabilities occasionally believe they should have a right that does not actually exist. They then facilitate individuals with disabilities to locate and test various housing and business entities. When testers find violations of the law, DRAC encourage compliance, generally via a registered letter. If the business or housing complex doesn’t correct the problem after receiving the letter, DRAC works with several partnering attorneys to determine if a lawsuit is in order (See legal representation below). When they find that a business our housing entity is in compliance with the law they educate the caller on the actual requirements and limitations of the law. Under this program DRAC tests over 60 housing complexes and businesses each year.

Volunteer Training

In addition to the above training, DRAC provides “on-the-job” training in leadership, grass roots organizing, advocacy/influencing public policy and activism. They also provide formal training for board members in leadership, board responsibilities, effective non-profit governance and fund raising. When members fully participate in DRAC efforts they become effective citizen advocates in all areas of their lives.

Legal Representation

As noted above, various law have been enacted that recognize and codify the civil rights of persons with disabilities. However, as with all civil rights, ours are meaningless unless they are vigorously defended. Many of our successes have come from effective legal action to protect our civil rights or from the knowledge that we are ready and able to do so. The Disabled Rights Action Committee has several dedicated and skilled attorneys who advise us on the more technical aspects of our legally enforceable rights. When requests and encouragement fail to convince businesses, developers, managers and law makers to recognize our rights and attorneys will file lawsuits, up to and including to the Supreme Court.

Accomplishments

The following is a partial list of some of the accomplishments of the Disabled Rights Action Committee over the past several years:

•	Rate hikes of 61% for Paratransit and the termination of several routes were stopped.

•	63,000 Utahns have been able to access Medicaid funded dental care over the past two years.

•	Approximately 122,605 Utahns with disabilities have 4,500 more accessible apartments in which to live.

•	All marathons in Utah are now open for participation to wheelchair athletes.

•	Insured accessible taxi services for all Salt Lake City residents with physical disabilities, approximately 9,700 individuals.

•	Fruit Heights, Draper City and Summit Counties in Utah now have affordable housing ordinances.

•	Approximately 122,605 Utah citizens with disabilities have 400 more business and recreation outlets with whom they can do business. Conversely, 400 businesses now have 122,605 more customers.

•	Approximately 122,605 Utah citizens with disabilities have 200 more accessible restaurants they can patronize.

•	The Jordan Valley Medical Center, Salt Lake Regional Medical Center, Davis Hospital and Medical Center, and the Pioneer Valley Hospital, along with 12 other hospital from around the country, all run by IASIS Health Care have committed to be fully accessible to persons with disabilities.

•	The special events center of the University of Nevada, Las Vegas is now fully accessible to persons with disabilities and all National Rodeo Association events are now accessible to persons with disabilities.

•	Utahns with disabilities along the Wasatch Front (over 122,604) have enjoyed accessible public transportation from the early 80’s.

•	The State of Utah Department of Health rewrote their Medicaid rules so that dozens of families in Utah are now eligible to receive Medicaid assistance for expensive formula for their children with digestive disorders. Prior to our efforts, these families were faced with the untenable choice of watching their grown children with digestive disorders starve, forcing their children to undergoing invasive surgical procedures to insert gastric feeding tubes, often at great risk to their children or spending their families into bankruptcy.

•	65 persons with disabilities are now living full and productive lives in the community when they would otherwise still be in nursing homes.

•	Under an agreement with a developer who built inaccessible apartments, dozens of persons with disabilities have accessed subsidized rent when they otherwise couldn’t have afforded a place to live.

•	25 individuals who were moving out of institutional settings or who were at imminent risk of being institutionalized because a lack of housing were granted immediate subsidized housing from the Salt Lake County Housing Authority.

•	Organized several individuals in a Davis County housing complex who approached DRAC for help, as they felt their civil rights were being ignored by management and appeals to numerous government entities had gone unheeded. With DRAC's intervention/assistance the management of the apartment complex resigned and was replaced with new management that is much more respectful of the tenants.

•	Provided ADAPT with strong leadership.

•	Dozens of persons with disabilities who have participated with DRAC over the years have been provided a significant voice, an opportunity to make a difference in the world, and a source of meaning in their life.

•	Dozens of persons with and without disabilities have been provided outstanding on-the-job organization and leadership training.

•	Supplied excellent advice and input to many state and local government leaders regarding how they can better serve their constituents who have disabilities.

•	A strong and effective partner for many other Utah organizations, especially the Crossroads Urban Center and have helped them achieve their goals.