Roundtable on Emergency Evacuation and Sheltering and People With Disabilities

DELAYED DUE TO HURRICANE WILMA

We will update the Blog with the new date and time. We wish you all the best in the recovery efforts.



Join us Monday November 14th for a roundtable discussion of emergency evacuation and sheltering of people with disabilities in Miami-Dade County.

Invited panelists will include:

Liz Gutierrez, Emergency Management Coordinator, Miami-Dade Office of Emergency Management

Dan Holder, ADA Coordinator, Miami-Dade

The Red Cross

and many others.

The Americans with Disabilities Act and the Rehabilitation Act prohibit discrimination on the basis of disability. When disasters strike, people with disabilities are entitled to emergency evacuation and sheltering, just like other members of the community. Miami-Dade County has a great deal of experience preparing for serving members of the community with disabilities during disasters, and we are holding a round-table discussion to provide members of the community an opportunity to ask questions and learn from community leaders.

Issues to be addressed include:

- How are people who are deaf or hard of hearing made aware of an impending disaster? What problems have been experienced in the past, and what is being done to address these concerns?

- How are members of the blind community made aware of an impending disaster? What problems have been experienced in the past, and what is being done to address these concerns?

- How are members of the community with cognitive disabilities made aware of an impending disaster? What problems have been experienced in the past, and what is being done to address these concerns?

- What role does the media play in getting the word out about an impending disaster? What problems have been experienced in the past, and what is being done to address these concerns?

- What material is available from the county concerning emergency preparedness, and how is this information made available to the disability community? How does one get material in alternative formats? What material is available on the web?

- What transportation services are available for people with disabilities in a disaster? Where does one get a schedule of pickups for transfer to a shelter? Where are the pickups? What is the process for obtaining transportation? How many buses are there? How many are accessible? What if I need an ambulance? Is there a charge for transportation?

- When will I be sheltered in a shelter, and when will I be sheltered in a hospital? What are the criteria, and who decides?

- What role does the Red Cross play in sheltering people during a disaster?

- What am I allowed to bring into shelter?

- What if I have a pet? Can I bring my pet into shelter with me?

- What if I am a person with a disability and have a service animal? Can I bring my service animal into shelter? What questions will be asked? Do I have to bring any documentation? Do I have to have proof of a rabies vaccination?

- Are all shelters accessible to people with mobility disabilities? Where are accessible shelters located? How does one qualify for sheltering? How many shelters are there? How many people can they shelter? What are the rules for admission? What can I expect to find in a shelter?

- What are Special Needs Shelters? How do they differ from non Special Needs shelters? Where are they located? What are the criteria for admission? Do I have to preregister? What if I don't preregister? What does preregistration require? What if I am a tourist passing through? What if I live in another county and find myself in Miami-Dade during a disaster? Can I get into a Special Needs Shelter? Who decides?

- What if I reside in a group home or a nursing home? Who is responsible for evacuating and sheltering me?

- What if I qualify for a Special Needs Shelter and have young children? Will we be split up?

- What if I use a wheelchair for mobility but require no nursing care? Can I get into a non-Special Needs Shelter? Are they accessible? Do they have accessible bathrooms? What if I need assistance transferring to a toilet? What if I don't have an attendant?

- What if I am deaf or hard of hearing? What is done in a shelter to ensure that I am receiving effective communication? Do any shelters provide sign language interpreters or have assistive listening systems? Are assistive listening devices provided?

- Post-disaster, what services are provided? Who is responsible for assisting me post-disaster?


We have established a new listserv to help address these issues and concerns, and we invite you to join it. There is no charge. Please email Marc Dubin if you are interested in joining, at mdubin@ciladvocacy.org.Please email your questions and comments as well.



The times and location of the meeting have not yet been set. We will update this Blog when we have that information, and will update members of the listserv by email.

The meeting will be held in an accessible location, and there will be accessible parking and bathrooms. Please RSVP to Marc.

The meeting will be moderated by Marc Dubin, Esq., who serves as an Advocacy Consultant to the CIL. From 1993-2005, Marc was a Senior Trial Attorney at the U.S. Department of Justice, in the Disability Rights Section of the Civil Rights Division, in Washington, D.C. In that capacity, he was responsible for nationwide enforcement of the ADA on behalf of the United States.

JUSTICE DEPARTMENT SETTLES DISABILITY CASE IN PENNSYLVANIA

FOR IMMEDIATE RELEASE
Wednesday, October 5, 2005
Contact: (202) 514-2007 [Voice]; (202) 514-1888 [TTY]

JUSTICE DEPARTMENT SETTLES DISABILITY CASE IN PENNSYLVANIA

WASHINGTON, D.C. - The Justice Department today announced that it has
reached an agreement with a continuing-care retirement community for
persons 65 and older in Bucks County, Pennsylvania that restricted
residents' use of manual wheelchairs and motorized chairs and scooters
within its complex, resolving a lawsuit that alleged disability-related
housing discrimination.

"Persons with disabilities who choose to make their homes in retirement
communities do not forfeit the protections of the Fair Housing Act,"
said Bradley J. Schlozman, Acting Assistant Attorney General for the
Civil Rights Division. "Wheelchairs and motorized scooters assist
individuals to live and move about independently. A person can lose the
right to that aid only if he or she operates it in a way that poses a
significant risk of harm."

According to the government's complaint, Twining Services Corporation
(TSC), which owns the Twining Village retirement community, banned
manual wheelchairs from its dining rooms until February 2005, and
continued to ban motorized wheelchairs and scooters from those rooms and
other public and common use areas. It also allegedly required persons
who use scooters to indemnify TSC and to submit to an evaluation and
training program annually, regardless of their "driving record."

The agreement, which has been approved by the U.S. District Court for
the Eastern District of Pennsylvania, dismantles those policies.
Residents of Twining Village who have physical disabilities may use
mobility aids throughout the entire Twining Village complex, without the
requirement for indemnification or annual evaluations. TSC will pay a
resident injured by the former ban on manual wheelchairs $17,500 in
damages, establish a $67,500 settlement fund for others who may have
been injured by TSC's policies, and pay the government a $7,500 civil
penalty. The proposed consent order also calls for employee training,
record keeping, and monitoring through the use of testers, if necessary.

"The many continuing-care retirement communities in Pennsylvania should
take note today," said Patrick L. Meehan, U.S. Attorney for the Eastern
District of Pennsylvania. "Legitimate concern for the safety of all
residents must be balanced with due regard for federal civil rights."

Persons with disabilities who believe they may be injured by the
violations at Twining Village should call 1-800-896-7743 to determine
how they can file a claim for monetary damages.

Since January 21, 2001, the Civil Rights Division has filed 172 lawsuits
alleging discrimination in housing, including 78 based on disability
discrimination.

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