skip navigation links
 

MassMATCH Newsletter

In This Issue: Summer 2010

The ADA Turns 20: A Look at its History and Legacy for Generation AT


I. Ain’t No Mountain High Enough

Twenty years ago this past spring, a group of ADAPT activists demonstrated the need for the passage of the ADA by abandoning their wheelchairs at the foot of the United States Capitol and crawling up the steps that, at the time, afforded the only means of access to the legislative branch of the U.S. government. This action, which is now an iconic part of U.S. civil rights history, was just one of a series of protests the group organized that week in D.C. As with previous civil rights movements, protesters were arrested for acts of civil disobedience; unlike scenes typical to earlier movements, however, the authorities had trouble carrying out their law enforcement obligations. At the time, few court houses, jail cells, or even elevators were accessible to law-breakers with disabilities.

Inside the Capitol, one lawmaker who championed the bill also found a creative—albeit legal—means to illustrate a similar point. During a critical hour, Senator Harkin (D-Iowa) stood up in the well of the Senate to testify on the need for the ADA. He did so eloquently and for more than ten minutes, and he did so entirely using manual signs (Sen. Harkin's brother is deaf). MRC Commissioner Charles Carr was in D.C. that week. Then a vice president of the National Council for Independent Living (NCIL), he oversaw NCIL's legislative committee, "When Tom Harkin testified you could hear a pin drop," Carr reminisced during an interview with MassMATCH News in June. "And then he stopped and said, 'Now you know what it's like to not understand a single thing that's being discussed like a deaf person does when they don't have access to a sign language interpreter.' It was a stunning moment."

II. Generation ADA

The ADA was signed into law by President George H. W. Bush on July 26th, 1990. The landmark civil rights act prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. To some the law evokes little more than curb cuts, empty parking spaces, and cumbersome and costly law suits. To others, particularly those individuals with disabilities whose lives have spanned beyond the last quarter century, the ADA demarcates the start of a shift in consciousness for an entire nation. "Gone are the days of out of sight, out of mind" Carr and others have said.

The ADA brought us the term "reasonable accommodation," providing, for the first time, a standard of fairness for equal access to American society for people with disabilities. The ADA was not the first law of importance for disability rights in the United States, but for Americans with disabilities, it is comprehensive civil rights legislation analogous to what brought down Jim Crow laws, the Civil Rights Act of 1964.

"When I was a kid coming up, I had no expectations that I could go to a restaurant and that it would be accessible, not at all," Carr reflects. "Go to see a movie, go anywhere! You never ever expected it. If you were smart you'd call first. And even if you called they'd say, Oh yeah, yeah, yeah, and of course it wasn't. And there was a network and so you knew, through the network, yeah, here's an accessible place."

These days, expectations are different; people with disabilities are out of the closet and sitting up at the lunch counter (to continue the movement analogies). "It's 20 years later," Carr notes, "and now we have this ADA generation, this generation with a whole set of expectations I didn't have, and who will help carry through the culture shift."

III. Generation AT

This generation stands on the shoulders of those who advocated not only for the ADA, but also those who worked for Section 504 of the Rehabilitation Act in 1973 (the first anti-discrimination law based on disability), the Education for All Handicapped Children Act in 1975 (which became the Individuals with Disabilities Education Act in 1990), the Technology-Related Assistance Act (Tech Act) of 1988 (which became the AT Act in 1998), and they are beneficiaries, too, of the present-day technology revolution that, in many cases, is now transforming what it means to live with a disability.

"The expectation around access drove the marketplace, and it drove AT. When I was newly disabled in the late 60s there were no power wheelchairs and there was no voice recognition software, any of that kind of stuff, and it was very slow to develop, it was costly, there was no payment mechanism, the demand was low, but as we came up to the ADA and post ADA, the market forces exploded and you saw incredible advances in assistive technology."

Attorney Robert "Bobby" Silverstein was there for this history, too, and helped create those market forces. Working with Sen. Harkin, Silverstein is touted as the behind-the-scenes architect of the ADA and numerous other disability laws (including the Tech Act). He spoke to MassMATCH News in June, "After we passed the ADA, to me it became critical to provide an infrastructure for covered entities […] and to set up a finance system to make sure that Medicaid and insurance policies accepted and paid for and recognized the importance of assistive technology."

Today, thanks in part to such laws, systems, regulations, and enforcement, AT innovation has indeed exploded, aiding the ADA-driven integration of people with disabilities into community living (and out of institutions) and making quality employment opportunities a possibility. Environmental control systems, power wheelchairs, screen readers, sip and puff systems, voice recognition and eye tracking software, mouse emulators and virtual keyboards, the list keeps growing.

IV. Urgency of Now

Now the concern is, given the poor economy and reality of shrinking public funds, will this and future ADA generations effectively access existing and newly emerging technologies? Will there be a generation AT?

Silverstein sounds cautiously optimistic. He notes that the final health reform bill (signed into law this past March) includes an essential benefits package, a package which—depending on how it is interpreted—could include AT. "We'll see what happens, but built into [that] package is the requirement to include rehabilitative and habilitative services and devices. So part of the advocacy, now, is to try to maximize the likelihood that those devices, assistive technology devices, are recognized..." The benefits must be provided by 2014 for private plans to participate in the new Health Insurance Exchange. "It's an opportunity for advocacy," he emphasizes.

His second reason for optimism concerns web accessibility, currently a frustrating issue for the disabilities community. While mainstream society is increasingly an online affair (from commerce to education to even the ability to apply for employment), inaccessible websites, social media, and devices threaten to shut out individuals who otherwise have the most to gain. Silverstein points, however, to the unequivocal statements made in April by Samuel R. Bagenstos, the principal deputy assistant attorney general for civil rights at the Department of Justice. Among them is this: "The broad mandate of the ADA to provide an equal opportunity for individuals with disabilities to participate in and benefit from all aspects of American civic and economic life will be served in today's technologically advanced society only if it is clear to businesses, employers, and educators, among others, that their web sites must be accessible."

V. A Journey of a Thousand Miles (begins with a hot day in July)

Of course there's more to achieving equal opportunity than effective access to technology. As Carr readily acknowledges, "The unfulfilled promise of the ADA remains employment." But here Carr also sees reasons for optimism. In the big picture, he reports that more employers are including people with disabilities in their diversity plans, more are learning that accommodations are largely affordable and effective, and more young adults with disabilities are successfully preparing for and expecting to go to work. "I see, in this position that I have now, a real culture shift happening. I see more and more people with really significant disabilities getting decent jobs."

Even still there are many who feel the ADA has not done enough to level the playing field. And, Carr reflects, that's how it is with civil rights. "[Listen to African Americans talk about it and] you hear all levels of disappointment and happiness. And that's more than 40 years later! So no, you don't undo a legacy of discrimination in 20 years."

Indeed, Carr remembers when it hit him how long equality would take. He was sitting on the east lawn of the White House on July 26th, 1990, privileged to witness the signing of the ADA. "It was this incredibly hot day and the White House people were out there giving us cold lemonade because we were dropping like flies. And I remember a bunch of us going to sit under a tree to get some shade and […] we were sitting there, and I'm practically half-dead from the heat, and as soon as the bill signing was over they were hustling us off the lawn, 'Alright, get outta here, show's over!' And I was like, Oh great! Here we just got this monumental civil rights law passed and we're being ushered away. So at that point I remember thinking, we've just begun. It's just the absolute beginning."

Back to top

How ADA Enforcement has Helped Massachusetts Residents Access AT

According to attorney Tom Murphy of the Disability Law Center (DLC), the ADA has been used by the DLC to help people with disabilities go to work or remain employed using various types of technology and services, including screen reader computer software, phone amplification devices, modified workspaces, and tape recorders for trainings and meetings.

The DLC has also reached an agreement with several major local banks to install "talking ATMs" and has worked closely with large sports and entertainment facilities to ensure that individuals with sensory and physical disabilities have equal access to their programs and services.

Currently the DLC is engaged in a large project to promote full accessibility in hospitals and other health care settings to diagnostic and other medical equipment, exam spaces, and communication methods.

The Disability Law Center advocates on behalf of individuals with disabilities who need assistive technology through a federal grant made possible by the Protection and Advocacy for Assistive Technology (PAAT) Program. PAAT was first created by Congress in 1994.

Back to top

Happy Birthday Wishes to the ADA from the MassMATCH Community...

Happy birthday ADA!  Congratulations for making Happy Birthday cardAmerican companies and the public conscious of the needs of AT users in the US. Thanks to the ADA, we are able to take our son, who uses a power wheelchair, with us on family outings to restaurants, shopping and other public venues with less worry about it being inaccessible to him. It's not perfect, but we are thankful to the ADA for helping to ensure that our world is more considerate of, and accessible to disabled and elderly individuals who rely on assistive technology. 
-The Sargent Family, Sudbury MA

The American Dental Association (ADA) has relinquished its title to the Americans with Disabilities Act...  20 years later we use our voice-activated systems to wish the ADA happy birthday with the additional wishes that this new civil rights act will someday grow the teeth of its predecessor.
-Joe Tringali
balloons
The ADA means that I can access my bank account whenever I want. Money may be the root of all evil, but it also makes the world go 'round. So, now when I need cash, I need not worry about getting to a branch of my bank before closing time or about sharing my PIN with some trustworthy looking stranger at the ATM. I can be assured that at least one ATM at any Bank of America branch has speech output: I need simply to plug in my ear-buds and listen to the spoken instructions. Similarly, I know that I can pay my bills online which increases my independence and decreases time and postage costs. So, I am grateful for the ADA each and every day. -Cindy

Happy Birthday ADA -- 20 years of ever evolving technology -- Relay, CapTel, VP, VRS, captions, CART!   Looking forward to the next 20 years of emerging AT and universal communication access! -Carol


Back to top

 

Assistive Technology for Behavioral Safety and Self-Protection

Individuals with cognitive and/or behavioral disabilities often need help preventing behaviors which challenge their safety living at home. If you are caring for someone with this type of disability-such as a child with autism or an adult with Alzheimer's-MassMATCH has created a web page to make you aware of the growing range of assistive technology (AT) products that exists to help you.

Some of the AT solutions are sophisticated, like GPS tracking systems, but many are simple and inexpensive, like door knob guards or refrigerator latches. Not every solution can work for every individual or situation, but common problems such as kitchen safety, getting up unassisted and wandering are addressed by a variety of options.  The page organizes behavioral safety device-types by category (bathroom, bed, car, chair and wheelchair, doors and exits, electrical, kitchen, self-protection, telephone access, and wandering) and provides referral resources for further ideas, advice, support, and funding.  Below are a few device examples: 

  • Easy-to-install, screw-on, anti-scalding devices turn off the water if the water gets too hot.
  • Bed pads and floor mats with wireless remote alarms let caregivers know when a user gets out of bed.
  • hand holding car buckle receiver with alarm device attachedCar seat belt alarms that sound off when the two pieces of the seat belt are disengaged.
  • Fall prevention alarms which sound off before a person falls or gets up from a chair or wheelchair.
  • Door and window alarms, such as units which send  signals to a portable receiver when doors are opened.
  • Appliance plug lock. Plug any appliance into this keyed lock and it becomes unusable.
  • Wandering devices, like EmFinder's tracking bracelet which ties to the national E-9-1-1 emfinder tracking braceletemergency system, helping pinpoint the location of a missing person in virtually any environment.

Learn more at www.massmatch.org/resources/behavioral_safety.

 

 

Reminder: MassMATCH and the U.S. Department of Education make no endorsement, representation, or warranty expressed or implied for any product, device, or information set forth on this newsletter. Neither MassMATCH nor the U.S. Department of Education has examined, reviewed, or tested any product or device contained in this newsletter.

Back to top

Get AT Stuff Highlights

GetATStuff--the New England "Craig's List" for AT--currently has hundreds of items available for sale or free throughout the six New England states.

As of this writing, GetATStuff highlights include:

19 Vision-related items
including a long-ring low vision timer for $5 in Acton, MA

4 Hearing-related items
including a free Minicom IV TTY in Somerville, MA.

13 Speech Communication-related item
including a free Zam Communication Device in Boston, MA

7 Learning, Cognitive, Development related items
including a platform swing for $50 in Williston, VT

327 Mobility, Seating, and Positioning related items
including a free chair lift in Concord, MA

275 Daily Living related items
including a free hospital bed in Methuen, MA

48 Environmental Adaptation related items
including a free Hoyer Lift in Amherst, MA

52 Transportation and Vehicle Modification related items
including a 2005 accessible Toyota Sienna for $17,000

5 Computer related items
including a pocket PC cell phone for $250 obo in Portland, ME

11 Recreation, Sports, and Leisure related items
including a swim spa for best offer in Dresden, ME

Go to www.getatstuff.org to search items by category or geography or to list what you need.

Go to the MassMATCH AT Swap and Shop web page to learn about additional AT reuse sites.

Back to top

"REC Connect" to Serve Boston, Worcester, and Holyoke

The Department of Conservation and Recreation's Universal Access Program is a recent recipient of a three year federal grant from the U.S. Department of Education designed to increase accessible recreation opportunities in urban parks for people with severe disabilities.

New Activities: "REC Connect" will track 120 people with individual recreation plans, helping them to utilize existing adaptive recreation opportunities in Boston, Worcester, and Holyoke.

Two hockey stick blades. One says hockey on it.New activities are under development to help people with the most severe disabilities enjoy recreation and improve their skills. Power Chairs on Ice is a new program that gives power wheelchair users time on the ice at state skating rinks to try their wheels in a variety of games.

Power Chairs on Ice will start up in Revere and Worcester this summer, and Holyoke this fall. Take a break from summer heat and cool off while spinning, sliding and playing ball games! To participate in REC Connect and/or Power Chairs on Ice, call DCR's Universal Access Program at 617-626-1294 or 413-545-5353.

Revere: Cronin Rink, 850 Revere Beach Parkway, 781-284-9491
Tuesdays: July 20, August 3 and August 24: 1:30-3:20pm

Worcester: Bufone Rink, 284 Lake Ave, 508-799-0910
Wednesdays: July 28 and August 11: 1-3pm

Holyoke: Fitzpatrick Rink, 575 Maple Street, 413-532-2929
Dates TBD for fall - call 413-545-5758 after July 15.

Back to top

New Product Spotlight: Digit-Eyes Audio Labeler/Code Reader for iPhone


hand holding an iPhoneDigit-Eyes is a new audio labeling and product code reader for the iPhone. It was released this month by Digital Miracles, L.L.C. and costs just $29.99, a fraction of the cost of similar products on the market.

Digit-Eyes reads standard UPC, EAN and even ISPN codes (on books). The application means that an iPhone can tell you the name of nearly any product in your house or at a store. It also allows you to print your own labels and make audio recordings that are read every time the label is scanned. This is useful for everything from prescription bottles to cooking directions.

In a review by the American Federation for the Blind, the AFB reported that it can take up to 30 seconds to identify some products (particularly on round items), that success depends on lighting, and learning to use it takes some practice.

Learn more at www.digit-eyes.com (which includes instructions and advice on finding bar-codes on items).

Reminder: MassMATCH and the U.S. Department of Education make no endorsement, representation, or warranty expressed or implied for any product, device, or information set forth in this electronic newsletter. Neither MassMATCH nor the U.S. Department of Education has examined, reviewed, or tested any product or device contained herein.

Ask the Expert: Chair Lift Needed

Dear Expert:Cartoon of a man with glasses consulting a book and holding up one finger

My mother is 92 years old and having difficulty going up and down the stairs in her home where she has been living for the past 50 years. My mother has MassHealth and Medicare but her insurance will not pay for a chair lift for her. Do you know of any resources that can help?

-Concerned Daughter

Dear Concerned Daughter:

Thank you for writing to the MassMATCH Program. First off, whether insurance pays or does not pay for a piece of assistive technology (AT) or durable medical equipment (DME) is often the result of various eligibility criteria they have. In all cases, you or your mother has the right to appeal the denial by following the prescribed appeals process for that insurance. Learn about them at this MassMATCH.org page.

To help you buy a chair lift there are three resources to additionally consider:  

1.    The Assistive Technology Exchange in New England (www.getatstuff.org) is where anyone can list AT devices they need or have to sell or give away; it's a free service we provide to bring together those that have items to sell or donate with those that are looking for such items. As of this writing, there is a free chair lift listed you should check out.

2.    The Home Modification Loan Program (HMLP) is a reduced interest financial loan program through which one can borrow up to $30,000 to fund structural and other home improvements to improve access for an elderly or disabled person. To apply, contact Susan Gillam at MRC at 617-204-3739.

3.    The Massachusetts Assistive Technology Loan Program (ATLP) is a low interest financial loan program to purchase assistive technology devices and/or services (it differs from the HMLP because the devices and services don't have to be fixed or structural). So, for example, one can use funds from the ATLP to buy a mobility scooter, an electronic video magnifier, etc. so long as the loan amount is for above $500. For more information, or to find your local access site for help with an application, contact Jason Luciano, MA ATLP program director at 1-800-244-2756 (V) or 1-800-564-9700 (TTY) or visit www.massatloan.org

Lastly, I strongly suggest you get in touch with your local Council on Aging or Senior Center to discuss your mother's situation. Since they are part of the network of providers covered by the Older Americans Act, they may be aware of additional options. Find your local Aging Services Access Point.

Sincerely,
the Expert

Contact The Expert

ADA Anniversary Events


July 24
Logo: ADA 20th Anniversary-July 26, 2010. Liberty, Justice, and Access for All
Amherst Town Common
11:00 A.M to 4:00 P.M.

Lots of Music - Los Ciegos del barrio;
Remember Corky from Life Goes On coming with his band.

Food vendors/Beverages, Games, Wheelchair Obstacle course, Wheelchair Basketball and Soccer demonstration, prizes, face painting, Check out community resources and equipment, service animals, and lots more!

Stavros Center for Independent Living

July 26

Boston Common at the corner of Charles and Beacon Street from 12-3pm.  A march will be held at 11am at the corner of Boylston and Tremont St.

Enjoy live entertainment including award-winning journalist, John Hockenberry, Comedian Jonathan Katz, the Matt Savage Trio and Tom Filiault Band.

Sponsored by over a dozen organizations.

July 30

Independent Living Center of the North Shore and Cape Ann, Inc. presents:

20 YEARS OF ADA & ANNUAL MEMBERSHIP BBQ

Noon to 2:30 p.m.                
Winter Island Function Hall
50 Winter Island Road
Salem, MA 01970

50/50 Raffle

Door Prize Raffle    

Suggested donations are $5.00 for persons with a disability; $5.00 for personal care attendants; all others $10.00.

To RSVP please contact Kathy O'Brien (978)741-0077. Visit the www.ilcnsca.org events page to register by July 23, 2010.

Upcoming Events at the ATRC in Boston

This summer the MassMATCH AT Regional Center in Boston (Easter Seals) is hosting
AT demonstrations geared to professionals, clients, families who want hands-on experience with devices.
These are free-of-charge on a drop-in basis between 10:00am-12:00pm and 2:00pm-4:00 pm.

July 21 
Magnification/Low Vision Devices (Zoomtext, Electronic Magnifiers, CCTVs, etc.)

August 4
Switches and Games (grasp, motion detected, light-touch, switch interface, etc.)

August 25
Academic Tools (Kurzweil 3000, digital recorders, reading aides, text to speech software)

Please RSVP: 617-226-2634 or email
atrc@eastersealsma.org

Get directions to Easter Seals Boston

Outdoor Recreation with DCR's Universal Access Program

Learn about adaptive recreation opportunities at DCR's Universal Access webpage.
Weekly recreation opportunities are taking place at different locations around Massachusetts and include:

  • sailing
  • kayaking
  • canoeing
  • cycling
  • hiking
  • horseback riding
  • fishing

Some programs are free and open to the public. Most programs require pre-registration. Paddling and hiking programs have fees (usually $1.00-$5.00), with limited scholarships available. A parent or legal guardian must accompany children. Sighted guides and other reasonable accommodations are usually available upon advance request.

Learn more at this mass.gov DCR Universal Access web page.