Coral and Opal

Don't Bother Heckling The Umpire - It Won't Work

2008-05-19T10:43:00.003-04:00

Baseball fans are rarely objective observers. Many times fans from both teams go home grumbling about how the umpires, the men in blue, were unfair to their team. The ump was inconsistent in calling balls and strikes, was out of position for the play at second, or is secretly dating the opposing team's coach's niece.

Some fans, in their passion, become vocal and let the umpire know how they feel, hoping against hope that it will have a positive impact on the game.

Don't even try that with Peter Rozynski; it won't work.

He can't hear you.

Rozynski is a deaf umpire in south Florida, one of approximately 35 deaf umpires across the country. He primarily works softball games, and was recently named the Rookie of the Year for the East Coast Umpires Association, the organization for Palm Beach County, Florida's high school umpires.

"I wanted to show the softball world that I have my abilities, and my deafness does not interfere," Rozynski wrote in an E-mail. "I love communicating with fans and players who have become interested in me, and I view my challenges as an opportunity to improve myself and educate others."

It has long been believed (although disputed by some) that hand signals were implemented into the game so that coaches and umpires could communicate with William "Dummy" Hoy, the most accomplished deaf baseball player in history. He played from 1888 to 1902, most notably for the Cincinnati Reds.

Back in 2003, Rozynski sued the New Jersey State Baseball Umpires Association under the ADA, claiming they refused to provide sign language interpreters he needed to take required classes to become an umpire. The National Association of the Deaf represented him and an amicable settlement was reached.

Rozynski acknowledges that his deafness can present some problems on the field, especially in situations where umpires normally rely on their ears to help them, such as :

Determining whether the batter swung and missed or "tipped" it with the bat;
On close plays at first, umpires often listen to the disparate sounds of the runners foot hitting the base a fraction of a second before or after the thrown ball hitting the first baseman's glove.
If a batter or runner yells for "time" with no corresponding hand gesture, he often misses it.

Rozynski, deaf since age 2, has limited verbal skills. He gets around this in two ways: First, he is emphatic in the use of hand gestures, removing any ambiguity in the call.

Second, he does have verbal utterances for strikes, balls, out and safe. They may not be what players are accustomed to, but once they learn his style, it ceases to become an issue.

And don't try to sneak in the "magic words" during an argument.

"I can read those lips," Rozynski said. "But if they turn around and say something behind my back, it's a different story."

A former semi-pro baseball player, Rozynski started umpiring to stay close to the game. An additional reason he gave is one many fans could relate to: He said over his lifetime he had seen "a ton of bad calls."

And yes, his eyesight is just fine.

Starting In Lane One, Oscar Pistorius

2008-05-16T12:37:00.004-04:00

The Court of Arbitration for Sport - whatever that is - has overruled the International Association of Athletics Federations - whatever that is - and put Oscar Pistorius back in the running for the 2008 Olympic Games in Seoul.

Pistorius, a double amputee, has run world class 400 meter times with the help of prosthetic legs built for running.

"I am ecstatic," Pistorius told reporters in Milan, Italy. "When I found out, I cried. It is a battle that has been going on for far too long. It's a great day for sport. I think this day is going to go down in history for the equality of disabled people."

Now all he has to do is qualify - which won't be easy.

In order to run in an Olympic track event, it isn't enough to be the one of best in your country; you have to meet Olympic qualifying standards. Pistorius' best time is 46.56, and the qualifying standard is 45.55, over a second faster.

He has lost training time due to this fight, which will make qualifying even more difficult. He could, however, be added to the South African mile relay team. Six runners - including two alternates - can go to the Olympics on a relay.

The ruling does allow him to focus on the 2012 games in London, perhaps a more realistic goal.

**I've said this before - it's great that he gets to compete, and I wish him well. Tests have shown, however, that he expends less energy in a race than his fellow runners. If you watch him race, all the other runners slow down the last 100 meters, and Oscar is still motoring along at the same pace. That is due to the prosthetic legs, and not anything else. It is GREAT to see him out there competing, but that doesn't mean he isn't getting some sort of advantage.

Having been a former track runner myself, I can see where this would cause angst in the sport. What if he wasn't running 46.5; what if he was running 40 flat? (the world record is 43.18). I believe if he was shattering world records, those performances would be discredited, and I doubt the same ruling would have come down from above.

It is hard - very hard - to make a living in track and field. The difference between those who get rich and those get peanuts is minuscule. That is why performance enhancing drugs are such a problem, and there are many who will view Oscar's prosthetic limbs (built resembling a jaguar's legs) in the same manner.

I think people will be very happy for him, as long as he doesn't win. They won't begrudge him endorsements or appearance fees - those are based on marketability. But if this guy starts ripping off gold medal performances, there will be grumblings.

To Geri Glass - (Belated) Happy Mother's Day

2008-05-16T09:50:00.006-04:00

In the late May 1996, Geri Glass graduated from Park County High School in Billings, Montana. A mere five days later, her life changed forever.

She was in a tragic car accident that took the life of one passenger and left her a tetraplegic – partial use of her hands and arms, but no use of her legs.

She gradually pulled her new life together as a person with a disability. In December 2004, Geri became a mother with the birth of her son Gage, adding another chapter to a seemingly remarkable story of the perseverance of the human spirit.

Apparently, the Child and Family Services Division of the Montana Department of Public Health and Human Services was not impressed.

In 2005, the state of Montana opened an investigation into whether or not Ms. Glass was capable of caring for her own child. Mind you, they had no complaints; there was no evidence of mistreatment, and she didn’t ask for help.

They just didn’t think she could pull it off.

Ms. Glass had been a person with a disability for eight years when Gage was born. She was 26 years old at the time. She was old enough to know herself and her abilities, and she decided to become a Mom.

She was offended the state would open an investigation of her without, in her mind, just cause. She sued the state, claiming her rights had been violated. And it turns out she was right.

The physical challenges that Glass faces will not go away, but the settlement will bring some peace of mind to her and her family. The DPHHS and Glass settled for $300,000. She received $50,000. Another $100,000 was paid into an annuity for her now 3-year-old son, Gage. When the annuity matures in 2030, it will be worth $380,000. The rest of the settlement went to Glass' attorneys.

It was an important win for people with disabilities who want to be parents.

"What we went through should never happen again to anyone," Glass wrote in the press release announcing the settlement. "We've come a long way, Gage and I, to be home free."

She said that two things mattered most in guiding her decision to settle - her son and other parents with disabilities.

I would like to take this opportunity to wish Geri Glass a belated Happy Mother’s Day.

Going "All In" For Kids With Disabilities

2008-05-15T10:07:00.002-04:00

The Licking Valley Lions Club wants to raise money to help build a "Miracle Field" for kids with disabilities. A Miracle Field is a baseball diamond set up so all kids - including those in wheelchairs - can participate in the great American pastime.

And they are going to raise money the old fashioned way - by having people gamble it away.

There will be a "Texas Hold 'Em" Poker tournament held that hopes to raise $3000 to go toward the field.

Taking place Saturday at Hanover American Legion Post 764, 1989 W. High St., the tournament doubleheader starts at noon with registration beginning at 10 a.m. The second game starts at 6 p.m.

The tournament has a $50 entry fee that gets you $4000 worth of chips. Once you get wiped out by risking it all on Queen-Eight off suit, you can get an additional $2,000 in chips for $25.

The facility is under construction on Ohio 146, adjacent to the Star Light school in Zanesville, across from the Ohio University regional campus and Zane State College. Many other service agencies are raising money for the facility, which might be ready in the next couple of weeks, Del said. Lions Clubs are raising money specifically to build the handicapped-accessible restroom facility, estimated at $62,500, on the site.

Rare Disability Found In Maryland Court System

2008-05-13T16:27:00.005-04:00

In the state of Maryland, a gentleman with business before the court felt that Baltimore County District Judge Bruce S. Lamdin was unprofessional and belittling. The gentleman filed a complaint over Judge Lamdin's handling of traffic cases.

I'm not particularly interested in the case itself, but rather the public board to whom you file such an appeal: The Maryland Commission on Judicial Disabilities. I find that a very interesting name for a public board. It seems a very rare condition indeed: a judicial disability.

According to the state of Washington, a judicial disability is defined as:

...a disability which is, or is likely to become, permanent and which seriously interferes with the performance of judicial duties. It can be a physical or mental disability, which may include, but not be limited to, the following:

Alcohol or drug abuse
Senility
Physical illness
Mental illness

According to the Maryland Commission:
The Commission is empowered to investigate complaints against Maryland judges. It receives, investigates, and hears these complaints...

As it deems necessary, the Commission conducts hearings or takes informal action provided that the judge involved has been properly notified. To determine whether to initiate formal proceedings, the Commission conducts a preliminary investigation after which a hearing may be held regarding a judge's alleged misconduct or disability.

So let's get this straight: A citizen complains to the Commission. The Commission - apparently - notifies Judge Lamdin that they are investigating him. They tape several weeks of his proceedings and they still find 20 instances of sanctionable conduct, including:

1. Disparaging remarks about drug treatment programs and the Baltimore City criminal justice system;
2. A joke that the county's Circuit Court judges spend their afternoons sipping cocktails rather than working;
3. Profanity not typically heard from the bench.

Maybe there is something to this "judicial disability" after all.

His 30-day suspension starts Monday.

Hit Drives As If They Were Shot Out A Cannon

2008-05-06T16:19:00.005-04:00

If you have a disability, you love guns, and you always wanted to hit 300 yard drives in golf, your time is now.

Air Force Golf is coming out with the Golf Ball Launcher, a rifle originally made for people with disabilities that will shoot a golf ball 300 yards down the fairway.

Martin Gerardo invented the Golf Ball Launcher, or GBL, to help his father, who was attempting to recover from a stroke that left him unable to use his right arm and leg.

A few months later, it hit me, that people like my dad who can't swing a golf club, can still have the opportunity to go out with his golf buddies and not hold up the pace of the game up.

He claims the rifle has a range of "a few feet" to up to 300 yards. Of course, with "regular clubs" if you pull the wrong club, you may fly one over the green into a sand trap. But with the Golf Ball Launcher, if you miscalibrate the needed air pressure, you may kill a live animal.

The current list price is $795, but you also have to purchase a 'two stage hand pump' or a 12-volt mini air compressor, both of which you can buy from Air Force Golf. There's always a catch.

As yet, despite the creation of what he calls the "ultimate golf invention," it does not appear the golf world has swooned over this new product. Mr. Gerardo says on his website that, amazingly, his idea was rejected by over 40 companies. Not "I was rejected by 40 companies before someone took a chance on me" -- he was just rejected by 40 companies. So he's doing it on his own. He's saving the first 25 models for his "private collection," but the rest should be available for sale on June 1, 2008.

Of course, there is the question of the courses themselves..

Currently, there are over 16,000 golf courses in the United States and yes not all of them will ever let us play on their courses. However, we do not care, just let us play on a few thousand courses to start and the sport will grow from there.

Good luck to you. Harry Callahan, you have the tee.

Wanted: Actress Willing To Strip For Disability Charity

2008-05-06T14:58:00.003-04:00

A drama group in Watton, England is putting out feelers for an actress who is willing to play the role of a stripper for their production of "Fur Coat and No Knickers," which no doubt will be heading to The Palace Theatre in Piccadilly Circus in the coming months. Assuming, of course, they can fill the role of the stripper.

The lead "actress" from the Boo and Hiss Company of Watton pulled out of the role for reasons that any serious thespian could appreciate: The play is being performed over the weekend of her 30th birthday, and she doesn't wish to miss this momentus occasion.

Someone needs to step up on this one, because the play is being put on for a worthy cause.

“All the money we raised went to the Norfolk and Norwich Scope (NANSA) charity which helps people suffering with cerebral palsy and associated disabilities,” Keith Gilbert said.“Last year we managed to raise £500 for them and we hope to get even better results this year.”

Keith Gilbert is one of the actors in the drama, and spokesman for the troupe.

Gilbert's full-time job: mayor.

How One Citizen Can Make A Difference

2008-05-05T13:56:00.003-04:00

Hat tip to Paul Jarvis for the info and to Thomas P. Ashbrock for the action.

One citizen can make a difference. Mr. Ashbrock is proof of that.

Last week we wondered where the impetus came from for HB 547 came from, a bill that would make it illegal to pile removed snow in disability parking spaces. Now we know.:

Thomas P. Ashbrock
8922 Reading Road Apt 2
Reading, Ohio U.S.A. 45215-3228
513-322-3336 Home
513-476-2044 Cell

March 29, 2008
Ohio Lawmakers
State of Ohio

Dear Ohio House of Representatives and Ohio Senate:

I am writing on behalf of my fellow Ohioans with disabilities. Early March, 2008, brought the state one of its biggest snowstorm’s in recent history. As you recall it was a major factor in the primary election. Inclement weather is always a problem for those Ohioans with disabilities and mobility becomes increasing more difficult. People with Disabilities have the same needs as anyone else, needing to go to the doctor, do grocery shopping and the like. A day or so after the storm, I ventured out and once again the problem of getting around was brought home. It appears that when clearing snow in parking lots the parking spots reserved for those of us with disabilities seem to be a very convenient place to pile snow.

We all know the saying that “a picture is worth a thousand words”. Here is a typical picture of the snow problem. Please consider helping us by sponsoring and passing legislation eliminating this practice?

Please feel free to contact me at the above address and phone numbers.

Thank you,

Thomas P. Ashbrock

Thomas P. Ashbrock
Persons with Disabilities
Ambassador
Cc: all Ohio house and senate members, Citizenship in action committee Cincinnati

The Best Obscure Ronnie Milsap Song - Ever

2008-05-02T23:10:00.001-04:00

From one of the all-time greats. Enjoy your weekend.

New Disability Parking Bill Introduced

2008-05-02T10:23:00.002-04:00

A new bill was introduced in the Ohio House specifically requiring disability parking spaces be cleared of ice and snow within a day of the end of the storm.

HB 547 To amend sections 3781.111, 3781.99, and 4511.69 of the Revised Code to require the removal of snow or ice from special parking locations designated for persons with disabilities within 24 hours after the weather condition causing the snow or ice ceases.

Interesting. My guess is that people were clearing off parking lots generally, but not making sure that the disability spots were clear. What often happens in parking lots is that some spots are sacrificed with piles of snow -- this happens at my church. This bill, apparently, wants to make sure the spots that are sacrificed are not disability spots.

Sounds good to me.

Hans Reiser Found Guilty Of Murder

2008-04-29T15:44:00.004-04:00

No kidding. I'm surprised it took this long, but a jury in California has found software programmer Hans Reiser guilty of first degree murder in the death of his wife, Nina.

Testimony was offered in the trial that Reiser has Asperger's Syndrome. His often erratic and odd behavior was an issue, both shortly after the disappearance of his wife and throughout the trial itself.

After the verdict was announced, Reiser sighed and slowly lowered his head.

Reiser provided a living, breathing example of why defendants sometimes should not testify on their own behalf.

Reiser took the witness stand for 11 days during the trial. He gave long, rambling answers to sometimes simple questions and seemed almost never to be at ease. He had several outbursts in court, often ending in strong reprimands from the judge.

The evidence against him was compelling.

Nina was in the process of filing for divorce.

Two days before she disappeared Reiser went to school and changed the emergency contact information from her to him, without explanation.

When called by a friend of Nina's about her disappearance, his response was "Talk to my lawyer."

They found her car with newly-bought groceries and a book she had just checked out of the library.

They found him several days later with one inch of water in his car, after he had hosed it down. The front passenger seat had also been removed from the car.

His father offered in his testimony the theory that Nina was killed by mysterious, nefarious, "Roving S&M Geek Squads. "

His lawyer, in closing statements, argued that his client didn't do it, but if he did it, it was in a moment of extreme emotional duress.

Nope - couldn't see this one coming at all.

"I Just Get Right Back Up and Continue On."

2008-04-25T15:15:00.004-04:00

Neil Sauter, a Michigan resident with cerebral palsy, in an attempt to raise money to fight the disability, is going on a meandering, 830-mile walk across the state of Michigan.

On stilts.

Sauter plans to start the cross-state journey -- which is to cover 830 grueling miles along highways and back country roads -- on May 5 from Lambertville near the Ohio border and end eight weeks later in Ironwood near the Wisconsin border.

Sauter hopes to raise $10,000 for the fight against CP. My bet is he will fly past that number.

Diagnosed with a mild form of cerebral palsy at birth, Sauter said the condition affects only his legs, causing tightness in his calves and forcing his ankles to turn in when he walks.

"I'm a bit of a klutz sometimes and prone to falling down occasionally," he said, admitting that he has taken a tumble or two from high atop his stilts. "But I just get right back up and continue on."

L.A. Times Rips John McCain on Disability

2008-04-23T15:21:00.003-04:00

I can't imagine it being a big issue in the fall, because I don't think his opponent would ever raise it. But the Los Angeles Times today wrote an article questioning the validity of John McCain receiving $58,000 in disability benefits tax-free from the Navy.

McCain was injured in combat and tortured in a Vietnamese POW camp. He was held prisoner at Hoa Loa prison, known as the "Hanoi Hilton," for over five years. He turned down an offer early in his imprisonment that would have allowed him to come home. His decision to defy the Vietnamese and stay brought years of brutal torture and isolation.

Because of the extent of his injuries, McCain receives his disability pension tax-free. McCain spent about 20 years in the Navy, commanding an air squadron in Florida and working on Capitol Hill after returning from the war.

On Monday, McCain's staff identified the retirement benefit as a "disability pension" and said that McCain "was retired as disabled because of his limited body movements due to injuries as a POW."

McCain campaign strategist Mark Salter said Monday night that McCain was technically disabled. "Tortured for his country -- that is how he acquired his disability," Salter said.

Disability may play some role in the fall election. But it will be policy related - not personal. I can't see Senator Clinton or Senator Obama going near this one.

Great Fisher Column On The Late Ken Campbell

2008-04-23T15:15:00.004-04:00

Touching column in today's Columbus Dispatch on the late Ken Campbell. One of his lesser accomplishments - in a life full of great ones - was that he was a board member at Assistive Technology of Ohio.

The Columbus Advisory Committee on Disability Issues has honored Ken with an annual lecture in his name. Very fitting.

Marlee Matlin Goes Out A Champ On Dancing With The Stars

2008-04-23T10:14:00.001-04:00

I know nothing about dancing, but I can tell you I would have voted for her - on looks alone.

It's one thing to be deaf and try to dance; it's another to enter a national dance contest. She made it to week 6, which is a fantastic accomplishment.

Well done.

Not Exactly Perry Mason

2008-04-22T10:07:00.003-04:00

I never went to law school, and I have limited experience in courtrooms. I watched a lot of Law & Order, and spent entire spring breaks in my childhood watching reruns of Perry Mason. I’ve even served as the foreman of a jury on a trial involving rape, kidnapping and aggravated burglary.

But in all of that (faux) experience, I’ve never heard a defense quite like that offered by Hans Reiser’s defense team.

Weeks of testimony bordered on the bizarre, with the defendant’s father blaming Nina Reiser’s death on roving S&M geek death squads, just prior to dropping down in open court to do one-armed pushups.

Hans Reiser never called his wife after she went missing. His response upon learning she was gone was , “Talk to my lawyer. “ He was caught hosing down the inside of his car, and he physically removed the passenger seat so that, according to his testimony, he could sleep better. Testimony offered at trial showed that Reiser, a software engineer, has Asperger's syndrome.

In closing arguments, the defense offered up a theory that no jury would buy: My client didn’t do it, but if he did do it, he didn’t mean it.

If Reiser killed his wife, Nina, he did so in the "heat of passion" and didn't plan the slaying, a requirement for a murder conviction, defense attorney William Du Bois said on the third day of his closing argument in Alameda County Superior Court.

Still, Du Bois said, "it's inconceivable" that Hans Reiser killed his estranged wife, because he had no means, opportunity or motive to do so.

Come on. You’ve got it pick one and go with it. Either he didn’t do it, or didn’t mean to do it, but you can’t argue both at the same time. That's laughable. The prosecution has no body and has no forensic evidence connecting Reiser to the crime -- that is your whole case. Or he killed her in a moment of passion. Either is at least plausible.

But you can't argue that she took a powder to escape her life and start anew - unless your client killed her. Not exactly Perry Mason.

Top 10 Companies for People with Disabilities

2008-04-21T12:37:00.002-04:00

I know this information is old, but it was new to me. The National Organization on Disability recently released their top 10 companies committed to hiring people with disabilities. They were as follows :

Eastman Kodak
Merrill Lynch
PricewaterhouseCoopers
Marriott International
Procter & Gamble
SC Johnson
Wachovia
JPMorgan Chase
Ernst & Young
Deloitte & Touche

Good to see an Ohio company (P&G) on the list.

"You've Got To Be Kidding Me"

2008-04-16T13:11:00.001-04:00

The prosecution is making its final argument in the murder trial of Hans Reiser, a California computer engineer accused of killing his wife, Nina.

Testimony in the trial indicated that Mr. Reiser has Asperger’s Syndrome. That testimony was provided by a psychologist who was testifying as a family friend, not Mr. Reiser’s therapist.

Mr. Reiser testified for about 10 days, a torturous stretch in which the jury witnessed Mr. Reiser’s often bizarre behavior and attitude on full display.

The prosecution summed up their view of his defense rather succinctly. Prosecutor Paul Hora said, “You’ve got to be kidding me.”

The jury laughed. I’m guessing that is not good news for Mr. Reiser.

Some of the trial highlights the prosecution summarized for the jury:

Nina should be presumed dead, because the doting mother would never abandon her two children.
She left all her possessions behind, including $2,000 in her house and $4,500 in her checking account – money that no doubt would have been useful.
Reiser learned (allegedly) for the first time that Nina was missing when her best friend Ellen called, gravely concerned. Reiser’s response to Ellen: “Talk to my lawyer.”
When they found her car, it had a check for next month’s rent, groceries for next week, three books on parenting, and leftovers from lunch—not exactly what you would expect from someone ready to take a powder.
She was studying for upcoming medical exams three days before she left.
The police found his car with one inch of water inside, after Reiser had hosed it down. The passenger seat was also missing – something Reiser said was perfectly normal.

"You've got to be kidding me," Hora said. "My wife's been missing for two weeks. Now's the time to start heaving stuff into Dumpsters?"

"It's completely ludicrous. It's a lie."

"It Was Not Yours To Take"

2008-04-11T14:42:00.001-04:00

Karen McCarron, the Illinois physician found guilty in the murder of her 3-year old daughter with autism, received a sentence of 36 years in prison.

“I have no words for the loss of Katie,” said McCarron. “I am compelled to say I am sorry to my friends, family and to the State of Illinois.”

The judge had words of support for Karen’s parents, who have supported her daughter, even through this terrible time. His words for Karen, however were more direct:

(Judge) Kouri told (the court) that he felt Katie's death was unjustifiably taken away.

“Karen McCarron may have given birth to Katie and may have been her mother but she did not create Katie's life.”

Then looking at McCarron, Kouri said, “It was not yours to take.”

Million Dollar Ramp May Be Heading To Court

2008-04-08T09:56:00.006-04:00

The case of the Million Dollar Ramp could be heading to court in California.

As was written in this blog several weeks ago, the city council in San Francisco unveiled plans to remodel a room in City Hall so that a person in a wheelchair could get up to a podium in order to speak.

The podium – accessible only by climbing five stairs – hasn’t been used in a meeting in over three years. The plan to add the ramp required significant remodeling to the room, including the area where audio/visual equipment was stored. When adding in the cost of new A/V equipment, plus the multiple oversight commissions and architectural review costs, the plan ran over $1 million – for a ten-foot ramp.

Eventually, due to public pressure, the plan was tabled. This caused wheelchair user Michela Alioto-Pier (above), a San Francisco Supervisor, to consider a lawsuit against the city to build the ramp.

"When they voted against it, I looked at other supervisors and said 'Is this San Francisco, the most liberal city in the world?'" Alioto-Pier said. "They voted against accessibility upgrades?"

Apparently. San Francisco has a great record on accessibility. But they also have a $338 million budget deficit, which surely was contemplated when deciding whether to spend $1 million building a ramp to a podium no one uses.

The article quotes one city official who says that absolute lowest the ramp could be built for is $780,000.

Alioto-Pier has a history of this. According to the article, she threatened to sue to the White House because she couldn’t navigate all areas of the West Wing. At the time, the 23-year old Alioto-Pier was working for Vice President Al Gore.

She has a point - but it is rather bold for a 23-year old to threaten to sue her boss, especially when her boss is the Vice President of the United States. The White House made the changes.

Alioto-Pier is the granddaughter of a former mayor of San Francisco. She was a candidate for Congress in 1996, and California Secretary of State in 1998 and 2002. She was paralyzed from the waist down in a ski-lift accident at the age of 13. She is a married mother of three.

Meanwhile the city is considering legislation that would make the President’s Podium off-limits to all.

"The president's podium would be a remnant of an earlier time in history," said Aaron Peskin, president of the Board of Supervisors.

The ADA allows for alternative access, such as having one door that opens wide with the push of a button, even if the other doors would not work for people in wheelchairs. The ADA allows for slight modifications to existing structures to give equivalent access, such as providing cups next to a drinking fountain installed too high for a wheelchair user to drink directly out of.

In the area of employment, the ADA requires an employer to provide accommodations that are “reasonable,” if they don’t present an “undue hardship.”

So, does cutting off access to an area to everyone bring you in compliance with the ADA? If a person can give a speech from a different section in the room, does requiring all to use that area meet the requirements spelled out in the ADA?

Interesting question.

Man In Wheelchair Robs Bank

2008-04-07T18:06:00.002-04:00

Palo Alto, California is a very welcoming place; people of all backgrounds and persuasions call it home. It is a also a very accessible place for citizens in wheelchairs. In places such as Palo Alto, efforts have been made to make sure that people with disabilities can do anything that so-called "able-bodied" people can do.

Including robbing banks.

A suspect came into a Wachovia Bank branch in a wheelchair, brandished a gun at the teller, and made off with an unspecified amount of cash.

One would have to question the rapid response of the Palo Alto police department, because the guy, for now, actually got away with the crime. His power wheelchair was his getaway car.

Police are looking for a white Ford van that the suspect may have been hoisted into after the robbery.

An electric wheelchair goes about 4 miles per hour. It takes a good 2-3 minutes to hoist oneself into a white Ford van. I'm sure the tax rate in Palo Alto is steep. They may want to use some of that to train the police to respond to crime.

3rd Grade Students with Learning Disabilities Investigated In Plot To Kill Teacher

2008-04-01T12:40:00.006-04:00

Authorities in Waycross, Georgia, a town in the southeastern part of the state, uncovered an alleged plot by a group of third grade students with learning disabilities to kill their teacher.

The police took the threat very seriously and believe that between 6 to 9 students were involved in the idea. The police confiscated several items including, “a broken steak knife, handcuffs, duct tape, electrical and transparent tape, ribbons and a crystal paperweight from the students, who apparently intended to use them against the teacher,” police chief Tony Tanner said.

The “target” is an experienced educator who teaches classes for kids with learning disabilities, attention deficit disorder, delayed development and hyperactivity disorder.

The incident allegedly started when the teacher scolded one of the children for standing in a chair.

When I was in fifth grade, the students in my class were upset with our teacher, and I don’t remember why. A few of them started a petition to get her fired, and they somehow convinced about 2/3 of the class to sign it.

I liked my teacher, but I remember looking at the document and considering it, being swayed by my friends who had already attached their names to the effort. There was a certain ill-conceived and hasty momentum to the effort that was taking hold. Fortunately for me – and my backside – my better judgment prevailed, and I passed it along without signing it..

Many students, upon seeing how upset the teacher became, and how much trouble they had caused with the principle and with parents, would have given anything to take their name off the list. I remember feeling great relief at my decision, for there was much crying and distress in the room at the discovery of the petition.

Eventually, students were given the chance to apologize and write a letter to the teacher, asking that their names be removed.

We were mad at our teacher and someone started a petition. Looking at it from a distance, one might think it almost worth a chuckle that a group of 10-year olds thought it could actually work – although at the time, no one in authority found it funny in the least.

But there is a large leap from a petition to a plot to harm or kill. What the kids in Georgia were thinking is not funny at all – and it makes you wonder where thoughts like that come from.

According to Georgia, all of them are too young to be charged with a crime. Other parents, however, have called for their immediate expulsion.

"From what I understand, they were considered pretty good kids," school spokesperson Theresa Martin said. "But we have to take this seriously, whether they were serious or not about carrying this through, and that's what we did."

Georgia Man In Wheelchair Incorrectly Told He's Too Fat To Ride The Bus

2008-03-30T13:34:00.002-04:00

David Washington, 65, of McDonough, Georgia was informed by local transit authorities that he was too fat to ride the local bus.

Mr. Washington weighs 600 pounds and uses a wheelchair. Transportation officials were concerned that the security system in the buses couldn't handle someone of Mr. Washington's size, and informed him via letter that he would need to find alternate transportation.

Officals then re-inspected the buses and are now confident strap-security system can handle passengers up to 800 pounds.

"Think Tank" Slams Popular Voucher Program, Religious Schools

2008-03-28T15:20:00.003-04:00

Policy Matters Ohio, a “think tank” based in Cleveland, has come out against the Ohio Autism Scholarship Program.

This while the Ohio Senate is scheduling hearings on Senate Bill 57, another attempt to expand the program to include the spectrum of children with disabilities, not just those with autism.

There are those who have more extensive experience than I with the Autism Scholarship Program, but I do know of two words to describe the general reaction of most parents with children enrolled in the program: wildly popular.

State Representative Jon Peterson, the godfather of the program, told to me in a meeting a few years ago that the initial research seeking feedback from parents enrolled in the program was nearly 100% positive. No other disability program anywhere that I’ve ever heard of can claim that.

Policy Matters Ohio appears to oppose parents being able to use vouchers in private schools based on one fundamental and overriding premise: they are private schools. And further, they specifically criticize Catholic schools for their inclusion of religious instruction in the curriculum.

The three main criticisms are that:

Schools exclude students based on religion
Schools exclude students based on severity of disability; and
Schools exclude students based on ability to pay the difference between the scholarship and the overall tuition costs.

I will leave the discussion of 2 and 3 for another day, but I flatly reject the first criticism as a means for discontinuing the program. The Executive Summary of the report explains “exclusion of students based on religion,” with the following sentence:

Many (schools) require religious instruction, discouraging enrollment of eligible children.

First of all, these schools require religious instruction of all students, not just those with disabilities. The report lists the mission statements of participating Catholic schools, including the Sisters of Notre Dame in Lyndhurst, which reads: (The school) is “committed to the education of children of any faith who experience special learning needs,” and helps students “grow in witnessing Gospel values.”

Overall, that doesn’t sound like a bad thing to me.

Religious instruction is a fact of attending Catholic schools. Many, many non-Catholic families who can afford it – including that of Columbus Mayor Michael Coleman – send their children to Catholic schools, knowing full well of the religious instruction requirements that accompany it. In fact, the religious instruction is often a strong selling point, even among non-Catholics.

There is no evidence – certainly none offered in the report – that any private school in Ohio has denied entrance to a child with a disability based on them being the “wrong” religion.

So PMO switches to the “separation of church and state” argument, and starts quoting Justices Breyer and Souter, which is a bit above my pay grade.

But the analysis I really want from a report titled “Analyzing Autism Vouchers in Ohio,” is not whether Whizzer White would have agreed with it, but whether or not it works, whether or not it helps, and whether or not participants are satisfied with it.

And what the research shows is: it does, it does, and they are.

The report itself lists nine criticisms of the program, and none of them have to do with the quality of services. The report does, however, tuck in the following statement:

Despite the above issues, parents interviewed for this study using the voucher tended to express more satisfaction with services than parents in district schools.

Parents choose to send their children to Catholic and Jewish Schools knowing the religious instruction requirements therein. If they don’t want the religious instruction, they don’t have to go to St. Michael or Mary Immaculate.

But to deny parents of modest means the right to send their child with autism to a school that actually welcomes their autistic child, based on a set of facts fully-known by the parents – that the child will receive religious instruction – seems paternalistic.

This program helps children with disabilities, and participants are happy with it. And those should always be the two most important criteria of any disability program.

Come Visit West Virginia's "New" Lunatic Asylum

2008-03-21T09:23:00.003-04:00

In Weston, West Virginia, a town one hour south of Morgantown, there stands one of the world’s largest hand-cut stone structures. The Weston Hospital, a castle dating back to the 19^th century, is recognized as a National Historic Landmark.

For most of her history the 307-acre complex was used as a mental health hospital, once housing more than 2,000 patients. It has been largely vacant since 1994.

The state put the grounds up for auction, and they were purchased by Joe Jordan of Morgantown for $1.5 million.

With prices ranging from $10 to $30, one can take a tour of the hospital, learning about issues ranging from the “evolution of mental health care, the Civil War, the Great Depression, even architecture.”

Disability advocates in West Virginia, however, take great umbrage with the operation at the Weston. Their unease takes many forms, starting with the “new” name of the hospital. For marketing purposes, the owners reverted the Weston Hospital back to one of its previous names: The Trans-Allegheny Lunatic Asylum.

That’s offensive enough. Now add in some of the planned activities for the next year:

“Psycho Path” dirt bike races
“Mud bog” races, where trucks see how far they can go in the mud before getting stuck.
“Hospital of Horrors” Halloween Tours
“Nightmare Before Christmas” tours before Christmas.

The reaction of disability advocates:

"It's like turning back the clock to a time we don't want to go back to," said Ann McDaniel, executive director of the Statewide Independent Living Council, one of several mental health advocacy groups to object. "I think they could still do what they want to do without being offensive."

Scott Miller, director of Mountain State Direct Action Center, said one former patient burst into tears after seeing the name on a sign.

"It's not just that I'm a liberal and I think it's not a good idea; it's seeing people physically hurt," he said. "That's about all I needed to know."