an updated version of the action letter portfolio · 2018-05-15 · 1 acknowledgements this...
TRANSCRIPT
ADVOCACY TRAINING PACKAGE:
An Updated Version of the
Action Letter Portfolio
A Step-by-Step Guide to Advocating for Change
for People with Disabilities
Updated by E Zhang
Original by Glen W. White, Richard Thomson, and Dorothy E. Nary
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Acknowledgements
This Advocacy Training Package is an updated version of the Action Letter Portfolio
developed by Glen W. White, Richard Thomson, and Dorothy E. Nary in 1998. In the 20 years
since, the internet has changed our options for communicating, so this new version includes
chapters on using email and social media to advocate for your disability-related concerns.
This update would not have been possible without the previous work by the authors and
the expertise and assistance of a number of organizations and individuals.
Thanks to center for independent living (CIL) directors Ann Branden, Mary Holloway,
and Mike Oxford for their cooperation and support in helping with the development and
evaluation of the original Action Letter Portfolio.
Thanks to consumers from Independence, Inc. for their participation and feedback in the
testing of this revised manual.
Special thanks to the following individuals who drew on their vast experience in
independent living and advocacy to provide valuable manual input to both the Action Letter
Portfolio and the current manual.
• Bob Mikesic (both versions)
• Mary Olson
• Stephanie Sanford
• Rosie Cooper
• Mike Oxford
• Barb Knowlen
I wish you success in your advocacy efforts!
- E (Alice) Zhang© 2018
Produced by: Research and Training Center on Independent Living
The University of Kansas 1000 Sunnyside Avenue, Room 4089
Lawrence, KS 66045-7555 Phone: 785-864-4095
Email: [email protected]
Website: rtcil.org
The contents of this training manual were developed under a grant from the Dole Institute of
Politics’ 2015 “commemorateADA” initiative through a gift from the General Electric
Company. The contents of this training manual do not necessarily represent the policy of the
Robert J. Dole Institute of Politics, and you should not assume endorsement by the same.
Table of Contents
Introduction: Be a Disability Rights Advocate ......................................................................................... 4
1. Why do we need to advocate?............................................................................................................... 4
2. How do we advocate? ........................................................................................................................... 5
3. What can you learn from this manual? ................................................................................................. 7
Chapter 1: Task Analysis of a Disability-related Advocacy Concern .................................................... 9
1. Task analysis of a disability concern .................................................................................................... 9
2. A task analysis example ...................................................................................................................... 10
Chapter 2: How to Write an Advocacy Letter ....................................................................................... 13
1. General strategies for writing an advocacy letter ................................................................................ 13
2. Components of an advocacy letter ...................................................................................................... 14
3. Writing an advocacy letter: Mark's example ....................................................................................... 16
Chapter 3: Practice Writing an Advocacy Letter .................................................................................. 23
1. Practice writing an advocacy letter ..................................................................................................... 23
2. Writing your personal concern advocacy letter ................................................................................. 29
Chapter 4: Exemplary Letters ................................................................................................................. 39
1. How to use this section ....................................................................................................................... 39
2. Exemplary letters ................................................................................................................................ 41
Chapter 5: Writing an Advocacy Email ................................................................................................. 58
1. Prepare to send an email ..................................................................................................................... 58
2. Send an advocacy email ...................................................................................................................... 59
Chapter 6: Making an Advocacy Phone Call ......................................................................................... 66
1. General strategies for making an advocacy phone call ....................................................................... 66
2. Components of an advocacy phone call .............................................................................................. 67
Chapter 7: Advocacy through Social Media ........................................................................................... 71
1. What is social media and how can you use it for advocacy? .............................................................. 71
2. How can you use social media for disability rights advocacy?........................................................... 71
3. Strategies for using social media for disability rights advocacy ......................................................... 73
4. General principles for using social media ........................................................................................... 75
Chapter 8: Follow Up ............................................................................................................................... 76
1. What do you do when you receive a favorable response? .................................................................. 76
2. What do you do when you receive a negative response to your requested action? ............................ 79
3. What do you do when you receive no response? ................................................................................ 80
4. Conclusion .......................................................................................................................................... 82
Chapter 9: Facts and Figures ................................................................................................................... 86
1. The Americans with Disabilities Act (ADA) ...................................................................................... 87
2. The Fair Housing Act .......................................................................................................................... 94
3. Rehabilitation Act Amendments of 1992 ............................................................................................ 97
4. Air Carrier Access Act ........................................................................................................................ 99
5. Individuals with Disabilities Education Act (IDEA) ........................................................................ 102
6. Home and Community-Based Services (HCBS) Programs .............................................................. 104
7. Plan to Achieve Self-Support (PASS) While Receiving Supplemental Security Income ................ 108
8. Developmental Disabilities Assistance and Bill of Rights Act (DD Act)......................................... 110
Chapter 10: Resources on Disability and Advocacy ............................................................................ 113
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Introduction: Be a Disability Rights Advocate
By E Zhang
1. Why do we need to advocate?
Being an advocate simply means that you know what change you want and how to speak
up for it. For example, as a wheelchair user you can advocate for raising your work desk so you
can get your legs under. Or, as a student, you can advocate for extra time to take a test or a
private testing room because of needs related to your ADHD. Advocacy can range from fighting
for your own interests and rights to doing systemic advocacy, where you are fighting for your
and others’ rights (e.g., accessible public transit buses). Being a self-advocate is important for a
person’s wellbeing and success. The skill of advocacy crosses sociodemographic characteristics
of age, gender, race, ethnicity, education, and disability.
Being an effective advocate is especially important for people with disabilities, since we
often face a variety of disability-related concerns to achieve greater personal dignity, choice, and
independence. The passage of legislation such as the Americans with Disabilities Act (ADA) of
1990, the Fair Housing Amendments Act of 1988 (FHAA) and the Individuals with Disabilities
Education Act (IDEA) of 1990 have granted people with disabilities new rights and protections.
However, many attitudinal, economic, social and physical/environmental barriers continue to
threaten their full participation to society.
For example, as a student with a disability, you may have experienced lower
expectations from teachers. As a worker with a disability, you may have experienced struggles
of obtaining and/or maintaining a job because of an employer’s unwillingness to provide
reasonable accommodations. As a renter with a disability, you may have had difficulties with
finding a home to accommodate your service animal. As a traveler with a disability, you may
have stayed in many “so-called” ADA accessible hotel rooms that do not comply with ADA
accessibility guidelines. As a consumer with a disability, you may have gone to restaurants
where the restroom stall doors did not fully close, or where the toilets were too low, or too high,
or the signs were not in braille. Most people with disabilities, whether physical or mental,
visible or invisible, encounter prejudice or discrimination that makes life harder.
Given the barriers and challenges that individuals with disabilities face, we need to be
vigilant to defend our own interests, and fight discrimination and inequality. We should and can
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learn to advocate for our personal and professional goals, and for others.
Laws are not effective unless they are enforced. In order for the ADA and other such
laws to protect our civil rights, we must advocate for their use and enforcement. We need to
learn how to bring our concerns to the attention of those who can affect change. While advocacy
groups at the local, state, and national levels can address many of these concerns, individuals
with disabilities can also make their voices heard to effect significant changes in their own
neighborhoods and communities. In order to bring about change more quickly and efficiently, it
benefits us to improve our personal advocacy skills.
2. How do we advocate?
To be an advocate, you have to think and act like an advocate. It may be true that some
people are natural advocates, while others benefit from learning from more experienced people
how to advocate. In order to learn more about advocacy, we conducted a focus group with well-
seasoned disability advocates and sent out a national survey to disability rights advocates. We
found that disability rights advocates used a variety of methods to advocate at both individual
and systems levels. No one approach works for every kind of issue. Advocating with an office
manager might take a different approach than meeting with a state legislator.
There are many different approaches to advocacy. There are the traditional and still
commonly used advocacy methods such as writing letters, making phone calls, and having face-
to-face meetings. For people more focused on systems advocacy, many still provide public
testimony or hold demonstrations or protests, often with media involvement. Over the past two
decades, since the Action Letter Portfolio was first produced, technology has greatly advanced
the tools advocates can use. Email now allows advocates to send their messages faster, easier
and more broadly. Social media such as Facebook, Twitter, and online petition websites allow
advocates to potentially reach and involve a greater number of participants in a more rapid
fashion. The prevalence of use of smart technologies such as smartphones allows people to
capture, present and share issues or problems with digital evidence (e.g., pictures and videos) in
a more straightforward and timely manner.
No matter what advocacy methods or modalities you want to use, research shows that
there are some basic and common elements to make you a more effective disability rights
advocate. First, you need to know your needs and rights as a person with a disability under
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different laws. Understanding and knowing how to exercise your rights can help protect your
interests and guide you to be a stronger advocate. In many situations, explaining how a law
applies to a situation can bring about cooperation more quickly than when a person is relying on
people to make change out of common courtesy. For example, laws such as the ADA
specifically require reasonable accommodation and give examples in the regulations and
technical assistance materials. Knowing the laws and your rights makes it easier for individuals
with various disabilities to advocate in different situations.
Chapter 9 of this manual provides an outline of the major components of the ADA and
many other disability laws. You may browse through Chapter 9 first to familiarize yourself with
these laws or refer back to Chapter 9 anytime during the reading. ADA regulations, Standards,
technical assistance materials, and enforcement guidance are available online at ADA.gov. You
can also call the ADA Information Line (800-514-0301 (voice) and 800-514-0383 (TTY)) to ask
questions and request materials.
Do not be intimidated by the legal language. After reviewing the regulations and
technical assistance, the law will be easier to understand. You can always seek assistance from
advocates who may be more familiar with disability rights laws. You might find them by
contacting disability related organizations such as the Center for Independent Living in your
community1.
Second, you need to know how to communicate. Knowing your needs and rights is
important, and then you need to be able to tell others what those are. Specifically, it is important
for you to develop communication skills that enable you to be assertive as you negotiate,
persuade, listen, articulate, and compromise.
Finally, yet importantly, be part of an advocacy effort. You may start by advocating for
your personal concern. Then you can also join a group or start a group to work on a disability
concern if you want to advocate for others or for a cause that has the potential to affect a local,
statewide or nationwide change. You may well find that group advocacy is more effective than
advocating on your own.
1 You can find a CIL in your community by checking the ILRU Directory of Centers for Independent Living
http://www.ilru.org/projects/cil-net/cil-center-and-association-directory
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In our discussions with experienced disability rights advocates, they also recommended
some strategies that can help you become a more effective advocate:
Do your homework on the disability concern for which you want to advocate. It is
important to know the concern well so you can be ready to talk about it and answer
questions.
Be accurate about the disability concern. Get the facts right and do not exaggerate.
This helps you build your credibility.
Be assertive, not aggressive. No matter how you communicate your disability
concern (e.g., writing a letter, making a phone call), remind yourself to be positive
about the change you seek. It is easy to get frustrated and angry when you advocate,
but do not let anger get in the way when you communicate.
Use empathy. It is important for advocates to get the reader, listener, or viewer to
empathize with our point of view. This kind of understanding can lead to
acknowledgement that our advocacy issue may have legitimacy.
Use personal stories. Personal stories are great for advocacy. By telling compelling
personal stories, we can let people know that what we advocate for has a real impact
on actual human beings. Personal stories combined with data can make your
advocacy more effective.
Communicate to the right person(s). It is important to identify the person who has the
authority to make changes to your disability concern. We can waste a lot of time and
effort when we communicate with people who cannot make the decisions.
Ask for help. When you feel that you are having a difficult time making sense of
something or moving forward with your advocacy, ask for help! Many disability
rights advocates (e.g., Center for Independent Living staff) are out there and can be
your resources.
3. What can you learn from this manual?
This Advocacy Training Package is based on the Action Letter Portfolio (ALP), a
training manual developed in 1998. The ALP was created to help people with disabilities learn
how to conduct task analyses of disability concerns and write effective advocacy letters to
address those concerns. This current manual updates that content and adds several chapters and
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information areas to include current methods of advocacy, such as the use of email, social media
and digital evidence. Below is an overview of this training manual.
Chapter 1 provides information on how to conduct task analysis of a disability concern or
problem. Knowing how to analyze a disability concern is the first step to better
understanding your concern and starting advocacy communication actions (e.g., writing an
email or letter, making a phone call, using any pictures or video taken for documentation).
Chapter 2 provides information on how to write an advocacy letter by introducing the
components of an effective advocacy letter and demonstrating how to write an advocacy
letter responding to a disability concern scenario.
Chapter 3 provides information and practice opportunities to write one advocacy letter
responding to an exemplar scenario and another one responding to one of your own disability
concerns. We provide an advocacy letter template to assist you in writing letters.
Chapter 4 provides exemplar letters for you to review and apply.
Chapter 5 provides information on how to write an advocacy email. You will learn how to
send an advocacy email both with and without an attached advocacy letter.
Chapter 6 provides information on how to make an advocacy phone call. You will learn how
to convey your message effectively during your phone call.
Chapter 7 provides information on advocacy through social media. You will learn about what
social media is and how you can use it to advocate for your cause.
Chapter 8 provides strategies on how you can follow up with your initial advocacy
communication.
Chapter 9 provides information on the basic content of disability laws such as the ADA and
Fair Housing Act.
Chapter 10 provides a list of disability-rights related organizations and their contact
information. Individuals with disabilities may obtain assistance such as information and legal
assistance for advocacy from these organizations.
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Chapter 1: Task Analysis of a Disability-related Advocacy Concern
By Richard Thomson & Rajasekhar Allada, revised by E Zhang
1. Task analysis of a disability concern
To advocate for a disability concern, you need to fully understand what the concern is
and be able to convey that to the people who can make needed changes. Before you take any
other actions, you should conduct a task analysis of the disability concern by asking and
answering seven questions:
1) What was the key disability concern?
This is important in determining exactly what disability concern you will address. Is it lack of
physical accessibility or employment discrimination or another issue?
2) How did/does the concern directly affect me?
This is important in determining the focus of the advocacy. An advocacy action becomes
more credible when the disability concern has a direct effect on the individual who is the
advocate. However, this is not to say that group advocacy is not effective, or that only those
who personally experience a disability concern can take action to address it.
3) Does this concern occur regularly or did unusual circumstances cause it to happen this time?
This question may not always be relevant. When it is, however, it will help you to decide
whether this is something that happened “just this once and may not possibly happen again,”
or whether it is an ongoing issue that requires advocating for change.
4) Who or what is the cause of the concern, and who can help make the changes?
The answer to this question will help you to determine to whom the advocacy should be
directed. Think about the primary and secondary agents of change who can help solve the
concern. Find out their names and contact information.
5) Is there a law or regulation that I can use to support a desired change?
The answer to this question will help you develop solid reasons for your requested change.
One reason people cannot ignore is that “the law requires” the change. If you are asking for
something more than what the law requires, be honest about this and make a strong case for
what is needed and why.
6) Is there evidence or other information that can support my advocacy?
The answer to this question will help you develop solid reasons as to why this is a problem
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and/or support your claim that there is a violation of law. If yes, then you need to collect the
evidence or information before you start communicating your request. For example, you
might take some pictures or measurements of physical barriers. Pictures can be very powerful
evidence to help make your argument more convincing. Be sure to take multiple
angles/views when taking photos.
7) What changes do you want to see with the disability concern?
The answer to this question will help you define the goal or end result of your advocacy. Do
you want to see physical barriers removed or reasonable work accommodation provided? Be
specific about the requested changes.
A task analysis is the first step to taking advocacy actions. You can use it to see what the
real problem is and to determine if there are ways to solve the problem at a personal or group-
benefit level. In many cases, this analysis will help break the concern down into a clearly stated
issue that you can challenge and influence a positive change. The task analysis can help prepare
you to start the communication process (e.g., a phone call, an in-person meeting, a letter, an
email) to bring about changes. Specifically, the task analysis will outline what to communicate to
whom.
2. A task analysis example
On March 5, Mark went to the newly built West Side Diner for supper. He had a hard
time getting into the restaurant, as there was no curb ramp leading from the parking lot to the
sidewalk. After getting in, Mark needed to use the bathroom. The bathroom interior stall door
was too narrow for Mark's wheelchair to enter. The restaurant staff stated that there was no
other bathroom available. Mark decided to wait to use the bathroom until he reached home, so
he returned to his table where he endured slow service and poor food. After paying the bill that
included an automatic 18% gratuity, Mark was angry and asked to speak with the manager. He
explained to the manager that it was bad enough that the service was poor, but he found it
intolerable that the new restaurant's restrooms were inaccessible for wheelchair users. The
manager stated that Mark was treated no differently than the restaurant's other customers, and
no one else had ever complained. Mark found out from the manager that the owner's name was
James Smith.
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The preceding scenario is an example of an occurrence that people with disabilities can
encounter in their day-to-day lives. Title III of the Americans with Disabilities Act requires
that newly built public accommodations be accessible according to the 2010 ADA Standards
for Accessible Design2. Mark has many options open to him, but first he must clearly identify
the problem and bring it to the attention of the proper authorities. The quickest way to resolve
the problem may be to convince the restaurant owner to recognize the problem and voluntarily
make the appropriate changes based on the ADA Standards. Mark must contact the owner to
do this.
2.1 Task analysis of Mark’s disability concern
Mark conducted a task analysis of his disability concern by asking himself these seven
questions:
1) What was the key disability concern?
The disability concern Mark faced that evening was the lack of accessibility to the restaurant
entrance and to the men’s restroom stall. The slow service and required tip were not
disability related.
2) How did the problem directly affect Mark?
First, Mark had a difficult time getting over the curb to go into the restaurant. Secondly,
Mark could not use the interior restroom stall due to the narrow width of the stall door. Both
barriers caused Mark great inconvenience and frustration. He could have faced social
embarrassment and humiliation in a situation where he could not have waited to use the
restroom.
3) Does this appear to be a regularly occurring problem or did unusual circumstances cause it to
happen this time?
Both of these issues are a permanent problem in the built environment, and will be present
each time Mark visits the restaurant, until the building's restroom and the outside curbing
become accessible.
4) Who or what is the cause of the concern and who can help make the changes?
The restaurant owner James Smith would be the primary cause and agent of change of
2 The ADA also requires that public accommodations that existed before January 26, 1993 must remove structural
barriers when it is readily achievable to do so, which means easy to accomplish without much difficulty or expense.
This will of course vary with the resource available to each business.
12
Mark's problem. Other potential agents of change include the architects who designed the
building, and the city building inspector who signed off on approval of the building. The
environment in and surrounding the restaurant was not wheelchair accessible, which was the
central problem.
5) Is there a law or regulation that Mark can use to effect a desired change?
Yes, Section III of the ADA requires that all newly constructed public accommodations must
be accessible and the 2010 ADA Standards for Accessible Design have standards that the
restaurant needs to follow.
6) Is there evidence or other information that can support Mark’s advocacy?
Mark can go back to the restaurant, take a picture of the curb, and measure the width of the
interior bathroom stall door to see if it complies with the 2010 ADA Standards for
Accessible Design. (Even for older buildings, the 2010 ADA Standards requires that owners
remove architectural barriers when it is readily achievable.)
7) What changes does Mark want to see with the disability concern?
First, the owner should have a curb ramp (also known as a curb cut) with a 1:12 slope ratio
installed for wheelchair users to gain easy access to the sidewalk from street level. Second,
the restaurant needs to install a wheelchair-accessible interior bathroom stall door with a
minimum clear width of 32 inches, so all patrons can use the facilities when needed.
Now that Mark has answered these questions, he should have a better understanding of
his disability concern and the changes and outcomes he wants to occur. After Mark completed
the task analysis, his next step was to share the task analysis results to the right people. He
considered the different ways to advocate, including letters or emails, phone calls, face-to-face
meetings, etc.
In the following chapters, we will share how Mark can communicate to the restaurant
owner through writing a letter, writing an email, or making a phone call.
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Chapter 2: How to Write an Advocacy Letter
By Glen W. White, Richard Thomson, Rajasekhar Allada, revised by E Zhang
Now that you have learned how to conduct a task analysis for your disability concern, it
is time to start the advocacy process. You have many choices of communication, such as writing
a letter, making a phone call, or scheduling an in-person meeting. In some cases, you might use
multiple approaches to advocate for your disability concern. This chapter will specifically focus
on how to write an effective advocacy letter.
With the prevalence of electronic communications today, letter writing is still important,
especially for sending a serious message about your disability concern. First, writing a letter
allows you to present your thoughts and concerns with clear and convincing arguments. You can
create a document for reflecting on your statement and further edit it before sending. Second,
your letters will serve as an important “paper trail” as you undertake advocacy efforts to resolve
your concern. They can even serve as evidence if your advocacy efforts eventually lead to legal
actions. By keeping copies of all letters you send to your identified agents of change, you can
show a trend of continued non-compliance if that occurs. This will make your advocacy case
much stronger and provide additional support if at some point a formal complaint needs to be
filed.
1. General strategies for writing an advocacy letter
In addition to the strategies in the Introduction, here are some general strategies about
writing an advocacy letter:
Write businesslike letters:
o Use a common 12-point font such as Times New Roman or Arial.
o Make your margins 1” all around the paper
o Make it single-spaced, with double spaces between different paragraphs.
o Type or print letters.
o Use quality paper that is white, if available. Avoid paper with cute decorations.
Keep the letter short. One page, if possible. No more than 1.5 pages if you can.
Be courteous. Even if you are writing about a concern, you can be courteous and
should not sound “preachy.”
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Try to mention something positive about your experience (if any), while advocating
for changing something negative with your intended agent of change/reader. For
example, you can write, “I really enjoyed the food at your restaurant; however, the
music was too loud for me to have a conversation with my friend as I wear hearing
aids.”
Emphasize the benefits of the changes, not only to you or other people with
disabilities, but also to the intended reader. For example, making a business
accessible will not only provide a better shopping experience for people with
disabilities, but also potentially bring in more consumers with disabilities and their
family members to build the business.
2. Components of an advocacy letter
An advocacy letter is one that clearly outlines a specific concern and a request for an
action to address the concern. As an author, you should carefully organize your letter so it is easy
to read and understand. The following list briefly describes each recommended letter component:
A. Date your letter. You should address your concern on a timely basis – that is, as soon as you
have identified or experienced the disability concern. The date at the top of your letter will
show the parties involved that you are documenting when you formally addressed your
disability concern. It also starts the clock ticking as to the time in which you expect a
response.
B. Inside address. Place the full name of the intended reader of the letter along with his or her
title and the address at the beginning of the letter. You should always use the name and the
title of the individual to whom you are writing, if possible, to show your respect.
C. Salutation. This is the greeting of the letter. It should be directed appropriately towards the
individual addressed in the “inside address.” For example, if you were mailing the letter to
John Doe, City Manager, Anywhere, USA, you would open the letter with “Dear Mr. Doe.”
D. Introducing yourself. Use the first two or three lines of the letter to tell briefly who you are
and why you are writing.
E. Introducing the problem and presenting the evidence. Explain the nature of the problem
in detail: what occurred, when it occurred, how it affected you and other parties involved,
15
and any actions you may have already taken. Present or mention any evidence of the concern
that you have collected.
F. Body of the letter. Provide the rationale for why there is a problem and what needs to be
done to address the problem:
☐ 1. Explain how this concern has affected you personally, and how this concern can affect
others and the intended reader (agent of change).
☐ 2. Cite any laws that apply to the situation you are presenting (See Chapter 9: Facts and
Figures for more information).
☐ 3. Suggest reasonable solutions for how to address the disability concern if appropriate.
☐ 4. Offer yourself as a potential resource to contact if appropriate.
G. Closing the letter:
☐ 1. Wrap up the letter cordially with a brief review of the problem and your expectation
about how the change agent will address your concerns. Emphasize the benefits of
addressing the concern for multiple parties – you, the wider community, and the intended
reader if possible. This will help finish the letter on a positive note.
☐ 2. Choose a closing such as “Sincerely” or “Sincerely Yours” to express to the intended
reader your strong interest concerning this disability concern.
☐ 3. Add your signature. Leave four lines empty for your signature after the closing.
You can sign the letter after you print it, or you can scan an image of your signature and
affix it to this part of the letter. Black or blue ink is preferred.
☐ 4. Include your typed name and contact information. Type your name, title, address, phone
number, email address, and any other contact information you want to include beneath
your signature.
☐ 5. Make notes of enclosures. Note if you are enclosing additional documents for the reader
to review. For example, “Enclosure: picture of the curb at the entrance.”
☐ 6. Note that you are sending copies of the letter to other important and relevant people.
Send a copy of your letter to secondary agents of change who will be interested in or able
to help resolve your disability concern. You can type “cc:” below the “Enclosure” line or
your contact information if there is no “Enclosure.” “cc” stands for “courtesy copy.” For
example:
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cc: Bob White, City Building Inspector
Paula Martin, City Councilwoman, 2nd District
H. Mailing the letter. Before mailing the letter make sure that you:
☐ 1. Proofread the letter (e.g., check for spelling and grammatical errors and neatness).
☐ 2. Consider showing your letter to a friend for his or her feedback.
☐ 3. Check for correct address and adequate postage.
☐ 4. Make a copy to keep for your records (the copy may be very important for later
advocacy actions).
3. Writing an advocacy letter: Mark's example
Now that we know the components of an advocacy letter, let's take Mark’s problem and
address each component of the letter as he chose to do.
A. Date your letter. Mark's letter should be dated sometime after March 5, the date his incident
occurred. Mark will date his letter:
March 7, 2016
B. Write the inside address. Mark will address his letter to the owner of the restaurant at the
business address.
Mr. James Smith, Owner of Westside Diner
1600 Gerard Street
Anywhere, USA 66066
C. Salutation. Mark identified the owner's name so his salutation will read:
Dear Mr. Smith:
D. Introducing yourself. Mark will introduce himself and give pertinent information as to why
he is writing:
My name is Mark Post, and I am a wheelchair user. I am writing this letter to discuss
some accessibility problems I encountered while dining at your restaurant.
E. Introducing the problem and presenting the evidence. Mark should relate the time of the
problem and what occurred. Mark should also present or mention any evidence (e.g.,
17
measurement, pictures, and records) of the concern that he has collected. The previous
introduction of himself should lead naturally into the problem.
On March 5, I went to your restaurant on Gerard Street and had a difficult time
getting from the parking lot onto the sidewalk in front of your restaurant because there is no
curb ramp to allow persons using wheelchairs to access the sidewalk from the parking lot.
I’ve enclosed the picture of the curb entrance for you to review. Later I found myself unable
to use the interior restroom stall door because it is too narrow (27 inches) for me to get in. At
the time of the incident, I discussed my concern with Ms. Pam Barker, the shift manager,
who suggested that I contact you since you are the owner of this business.
F. Body of the letter. Mark will now give supportive evidence and rationales as to why this
problem is personally important to him and ideas as to how it might be solved.
It can be frustrating for a wheelchair user, like myself, to have several difficulties in
one place of business. There are many wheelchair users and others with assistive devices like
scooters and walkers, who like to go out to eat in our community. The physical barriers I
have identified may be causing your business to lose other potential customers with
disabilities. Even more importantly, the lack of accessible restroom stalls and a curb ramp
from the parking lot to the sidewalk is not only an inconvenience – it does not comply with
the Americans with Disabilities Act (ADA). The ADA includes a provision that all newly
constructed public accommodations be accessible. The addition of a 1:12 ratio curb ramp, a
clear door width of at least 32 inches in the restroom stall and other accessibility features that
may be needed in the restroom will bring about compliance with the 2010 ADA Standards
for Accessible Design. I am very interested and willing to provide you with more information
regarding making your restaurant accessible, including tax incentives that may be applicable
to help offset the costs.
G. Closing. Mark will wrap up the letter by reviewing the main points and stating his
expectation that the owner will address his accessibility concerns. He will choose a closing,
sign the letter, type his name, address and contact information under his name if not using
letterhead. He will also indicate that he included some supporting documents as “enclosures.”
Then he will make a note that he is going to send a copy of his letter to the city code
inspector and to the executive director of the local independent living center.
In closing, I would like to stress that your restaurant is required to be accessible for
everyone, including wheelchair users. These access changes will help increase access to your
business by all potential customers. I look forward to seeing the changes in your restaurant so
that my friends and I may enjoy frequent visits in the future.
Sincerely,
18
Mark Post
1300 Brown St.
Anywhere, USA 55501
Phone: xxx-xxx-xxxx; Email:[email protected]
Enclosures: Pages of 2010 ADA Standards for Accessible Design regarding curb ramps
and restrooms and a picture of the curb at the entrance
cc: Hal Jones, Chief Code Inspector, Anytown
Betty Smith, Executive Director, Tri-County Independent Living Center
H. Mailing the letter. Mark is now ready to proofread his letter, show it to a friend, make any
needed changes, sign it and keep a copy, check for correct address, affix postage, and mail
the letter to the appropriate people. Please see the next page for Mark's finished letter.
19
Mark’s letter:
March 7, 2016
Mr. James Smith, Owner of Westside Diner
1600 Gerard Street
Anywhere, USA 66066
Dear Mr. Smith:
My name is Mark Post, and I am a wheelchair user. I am writing this letter to discuss some
accessibility problems I encountered while dining at your restaurant.
On March 5, I went to your restaurant on Gerard Street and had a difficult time getting from the
parking lot onto the sidewalk in front of your restaurant because there is no curb ramp to allow
persons using wheelchairs to access the sidewalk from the parking lot. I’ve enclosed the picture
of the curb entrance for you to review. Later I found myself unable to use interior restroom stall
door because it is too narrow (27 inches) for me to get in. At the time of the incident, I discussed
my concern with Ms. Pam Barker, the shift manager, who suggested that I contact you since you
are the owner of this business.
It can be frustrating for a wheelchair user, like myself, to have several difficulties in one place of
business. There are many wheelchair users and others with assistive devices like scooters and
walkers, who like to go out to eat in our community. The physical barriers I have identified may
be causing your business to lose other potential customers with disabilities. Even more
importantly, the lack of accessible restroom stalls and a curb ramp from the parking lot to the
sidewalk is not only an inconvenience; it does not comply with the Americans with Disabilities
Act (ADA). The ADA includes a provision that all newly constructed public accommodations be
accessible. The addition of a 1:12 ratio curb ramp, a clear door width of at least 32 inches in the
restroom stall and other accessibility features that may be needed in the restroom will bring
about compliance with the 2010 ADA Standards for Accessible Design. I am very interested and
willing to provide you with more information regarding making your restaurant accessible,
including tax incentives that may be applicable to help offset the costs.
In closing, I would like to stress that your restaurant is required to be accessible for everyone,
including wheelchair users. These access changes will help increase access to your business by
all potential customers. I look forward to seeing the changes in your restaurant so that my friends
and I may enjoy frequent visits in the future.
Sincerely,
Mark Post
Inside address
Salutation
Closing
Introduce the problem
Body of the letter
Wrap-up
Your name and contact info
Introduce yourself
Signature
Date your letter
20
1300 Brown St.
Anywhere, USA 55501
Phone: xxx-xxx-xxxx; Email:[email protected]
Enclosures: Pages of 2010 ADA Standards for Accessible Design regarding curb ramps and a
picture of the curb at the entrance.
cc: Hal Jones, Chief Code Inspector, Anytown
Betty Smith, Executive Director, Tri-County Independent Living Center
cc
Enclosures
21
[Enclosure: Pages of 2010 ADA Standards for Accessible Design]
22
[Enclosure: Photo of curb without ramp or cut]
23
Chapter 3: Practice Writing an Advocacy Letter
By Richard Thomson, Rajasekhar Allada and Glen White, revised by E Zhang
1. Practice writing an advocacy letter
Now that you have learned the steps involved in writing an advocacy letter, you can
practice writing one on your own by responding to the following scenario. When writing your
practice letter, make up the date and addresses for Barb and the individuals to whom you are
sending the letter.
Barb Davis is a 23-year-old recent college graduate with epilepsy. She controls her
seizures with medication and leads an active life. On February 22, she applied for and obtained
a job as an Inventory Control Specialist for The Morgan Company, a small appliance
manufacturing plant with 30 employees that does subcontracting work for White & Decker. Her
job involves maintaining an accurate count of the inventory of materials used by the plant
workers to assemble small appliance products. Barb's job performance in her position has been
satisfactory and she will receive her three-month probation review on May 20.
Barb is called in for a meeting with Mr. Hector Lopez from the Human Resources
Department on April 20. Barb is excited because she thinks that the meeting's purpose is to take
her off probation early because of the excellent job she has been doing. However, Mr. Lopez
delivers the bad news---the plant is discharging her. Apparently after talking with Mr. Ira Miser,
the plant's Director of Operations, there is excessive concern that Barb will have one of her “fits”
and hurt herself by falling to the floor. Repeated incidents of these "fits" may drive up the costs
of the plant's group insurance plan. Barb goes home devastated after cleaning out her desk at
work. Barb felt that she was discriminated against by the company because of her disability. She
decided to advocate for herself by writing a letter.
Now that you have the information, place yourself in Barb’s shoes and write up a task
analysis of Barb’s disability concern. Please do your own work here; at the end of this chapter
we will present a task analysis and advocacy letter for your comparison,.
24
1.1 Task analysis
TIP: When writing your task analysis, be as descriptive as you can; come to the point, but give sufficient
information to add context.
1) What is Barb's main disability concern?
2) How does the problem directly affect Barb? (In her job? For her immediate future?)
3) Does this problem occur regularly or did unusual circumstances cause it to happen this time?
4) Who or what is the cause of the problem and who can help make the changes?
5) Is there an existing law that can be cited to advocate for a desired change?
6) Is there evidence or other information that can support Barb’s advocacy?
25
7) What specific changes does Barb want to see happen with the identified disability concern?
1.2 Writing the letter
Instruction: Please write a letter for Barb using the template below. You can click on the
instructional text to enter your content. The entered content will replace the instructional text.
The content in the brackets [ ] can be deleted if it does not apply to you. Otherwise, you can
replace it with information that is pertinent to you (e.g., your phone number).
Date
Name, Title
Company
Street address
City, State zip code
Salutation such as Dear Mr. XX:
Introduce yourself by telling who you are and why you are writing, using two to three lines.
Introduce the problem and present the evidence: explain the nature of the problem in detail, what
occurred, when it occurred, how it affected you, all parties involved, and any actions you may
have already taken. Present any evidence of the problem that you have collected.
Body of the letter: Provide a rationale as to why the reader should work to resolve the problem.
Explain how this concern has affected you personally, and how it can affect others and the target
reader. Cite any laws that apply to the concern. Suggest possible solutions to the concern. Offer
yourself as a potential resource to contact if appropriate.
Closing: Wrap up the letter cordially with a brief review of the problem and your expectation
that the primary intended reader will take prompt action to address your concerns. Emphasize the
benefits of addressing the concern for multiple parities, including the reader if possible.
Closing with expressions such as “Sincerely,” or “Thank you.”
[Sign here]
Name, Title
Street address
City, State zip code
[Email: [email protected]] [Phone: (000)-000-0000]
26
[Enclosures]
cc: name and title of people who you identified as secondary contacts
1.3 Example response of Barb
Let’s review Barb’s task analysis and advocacy letter responding to her dismissal from The
Morgan Company.
1.3.1 Task analysis
1) What was Barb's main disability concern?
Barb's main disability concern is that she was fired for having epilepsy due to fears about
her condition, even though she has performed the job satisfactorily. Barb lost her job based on
her disability and not on her performance. Her disability did not pose an immediate risk to
herself or others.
2) How did the problem directly affect Barb?
If termination from this job cannot be reversed, Barb would likely suffer a financial loss,
personal humiliation, and possible difficulties obtaining future employment if this company
provides a negative reference to other prospective employers.
3) Does this appear to be a regularly occurring problem or did unusual circumstances cause it to
happen this time?
It would be a regularly occurring problem if the company has discriminated against other
employees with disabilities. However, there is not enough information about the experience of
other employees with disabilities of this employer to determine whether this is a one-time or
regularly occurring problem.
4) Who or what is the cause of the concern and who can help make the changes?
The cause of the problem in Barb’s case is the plant manager, Ira Miser. Although Mr.
Lopez was the person who gave her news of the dismissal, it was Mr. Miser’s decision to have
her terminated. In this case, Barb would want to write to Mr. Miser as a primary agent of change
27
about her unjustified termination3. In addition, Barb thinks that it can be helpful to write to the
Morgan Company’s HR department since they are likely involved in all hiring and firing
decisions, the Equal Employment Opportunity Commission, her State Disability Rights Office,
her legislative representative, and the National Epilepsy Foundation.
5) Is there an existing law that can be cited to advocate for a desired change?
The company has violated Title I of the Americans with Disabilities Act, which prohibits
discrimination in all hiring practices, including job application procedures, hiring, firing,
advancement, compensation, training, and other terms, conditions, and privileges of employment.
In addition, an employer may not simply assume that a threat exists; the employer must establish
through objective, medically supportable methods that there is significant risk that substantial
harm could occur in the workplace. Barb was terminated because of her disability, not because of
her job performance. It is quite clear that the company has no evidence that Barb poses a direct
threat to herself or others. There were no documented examples of Barb having seizures at work;
most of the concerns about her seizures were based on hearsay.
6) Is there evidence or other information that can support Barb’s advocacy?
First, Barb can show evidence of her attendance and punctuality at work and a report on
the accuracy of the inventory control that she maintains. She can also present recent medical
records and a letter from her physician stating that her seizures continue to be well under control.
7) What specific changes does Barb want to see happen with the identified disability concern?
Barb wants the company to correct their decision of firing her based on her disability and
to give her job back to her.
Now that we have identified Barb’s specific disability concern, let’s start to write the
actual action letter.
1.3.2 Writing the letter
April 21, 2017
Mr. Ira Miser, Director of Operations
3 When identifying your primary contact with employment-related advocacy concerns, be sure to check out whether
there is an established written grievance procedure in your company and use it accordingly.
28
The Morgan Company
1212 Main St.
Anywhere, USA 66100
Dear Mr. Ira Miser:
My name is Barb Davis and I have worked at your plant for the last two months as an Inventory
Control Specialist. I have a college degree relevant to the area of inventory control and have
been doing excellent work. I also happen to have epilepsy, which is controlled by medication and
which is not relevant to the area of inventory control or to my current job. I am writing to discuss
with you the fact that I was fired because of my disability.
On April 20, I was called into Mr. Lopez's office in the Personnel Department and informed that
I was to be terminated. I was extremely upset to learn that you had based the decision to
terminate me on my epilepsy and not my performance. Mr. Lopez explained to me that you were
concerned I would have “fits” which could drive up the rates of the Morgan Company’s
employee health insurance. I understand your concern for my personal safety and for the
financial management of the company; however, as stated above, my epilepsy is controlled by
medication. My enclosed medical records from last year can prove this.
I don't believe you will ever really comprehend how I felt when I was told that I was to be
terminated. I actually believed that I was being called into Mr. Lopez's office to be told that my
probation period was ending early due to the quality of work I had demonstrated. I truly feel that
if you discuss with Mr. Lopez the quality of my performance, you would realize that you have
just let go a valuable employee and would immediately wish to address my concerns. My
epilepsy has not interfered with my job performance at any point in my academic or professional
career. For you to base your decision on my epilepsy is not only wrong and unfounded, it is also
illegal.
The Americans with Disability Act (ADA) specifically states in Title I that all hiring and “firing”
practices are prohibited based on discrimination due to disabilities. What you have done is
discriminate against me based on my disability, which is a violation of the ADA. I am in the
process of retaining a lawyer and starting the necessary proceedings to get my job back.
However, I am writing this letter hoping that you will review your decision and rehire me
because I am a valuable employee who has performed my job beyond company expectations.
With regard to the insurance premiums, I think that you will find that the type of seizures I have
will not place me, other employees, or the facility in any immediate risk of harm.
In closing, I hope that you understand that this letter is an attempt to avoid an unnecessary legal
action. I enjoyed the work that I performed for your company, and would be happy to return to
work. Reviewing this decision will not only be important to my career, but also help your
company comply with the ADA. I hope that you will reconsider your decision and that we can
settle this amiably without having to take legal action.
Sincerely,
[Sign here]
29
Barb Davis
1515 Downtown St.
Anywhere, USA 67612
[email protected] Phone: (000)-000-0000
Enclosures: Medical records from 2016-2017
cc: Adrienne Tuttle, Region VII EEOC Information Officer
Anystate Disability Rights Office
John F Smith, US Representative, 8th District
The Epilepsy Foundation
2. Writing your personal concern advocacy letter
After reviewing the presented disability scenarios, you have learned the basics on how to
write an effective advocacy letter. Now it is time to start writing an advocacy letter about your
own disability concern. Again, it is important that you recognize your personal needs and
strengths, and your rights based on applicable disability rights laws. As a person who has
personal experience with a disability, you are uniquely suited to identify relevant issues that
affect you and/or other people with disabilities. Also, whether you are writing a letter or an email,
remember to be courteous. Even if you are upset or angry about your concern, strive for a
positive and constructive tone of voice. People are more likely to work with when you approach
them with respect.
In this section, we will describe how you can personalize your advocacy letter to increase
the likelihood of achieving your objectives.
2.1 Identifying your personal disability concern
When preparing to write an advocacy letter, it is important to define the issue you wish to
address clearly. This is not as easy as it might seem. Some issues are very large and complex,
such as employment discrimination against people with disabilities. Where does one start with
such a general and overwhelming issue? At the other end of the spectrum, some issues such as
the lack of accessible faucets on a bathroom sink may seem rather insignificant. Yet, in each case,
such issues will undoubtedly be of concern to some people with disabilities. This section will
identify criteria you can use to identify a personal disability concern.
30
2.1.1 Identify an issue which is either very serious or irritating, and which occurs on a
frequent basis.
For example, a serious issue might be the inaccessibility of a newly constructed
government building, while a frequently irritating issue might be the lack of enforcement of
accessible parking regulations. Not all issues are negative in nature. Some advocacy efforts can
be in support of a positive disability initiative that may be at risk of losing funding. Whether a
serious issue or a smaller annoying one, you must decide if this is an issue you wish to tackle by
yourself or with others.
2.1.2 Determine whether this is a personal or systems advocacy cause.
Some disability concerns may be personal and only affect a specific person in a specific
situation. For example, a person with a disability applies for a job and is discriminated against
when the job is given to a less qualified non-disabled person. In this case, the individual would
advocate using the ADA to address a personal concern. In another example, a wheelchair user
cannot “weigh-in” each week as other members do after joining WeightWatchers because there
is no accessible scale. Since this could affect many other members with disabilities, systems
advocacy, where people unite, might be a more effective way to affect change.
In some other situations, addressing a personal disability concern might benefit many
others as well. An example of this might be a wheelchair user who uses paratransit. The
transportation system currently runs from 8 am to 5 pm, but the passenger wants to go out for
evening or weekend excursions as well. The wheelchair user in this case could advocate for a
change of schedule, but might have more success if she also asks others who use the paratransit
system to join this advocacy effort. The critical weight/mass of multiple riders will be more
compelling to the administrators of the paratransit system. This is how the advocacy group
ADAPT helped get the American Public Transit Association to finally start ordering fixed route
buses with kneeling lifts. Is your disability concern personal or systemic?
2.1.3 Clarify your concern(s) and break it down into a winnable situation.
Some disability concerns may be large and complex. Some may require a lengthy period
to resolve. One other strategy can be to break the particular disability concern down into what
31
Steve Fawcett (1991)4 called “Small Wins,” that is, smaller goals or units of change that are more
likely to lead to success. To do this, analyze your concern and determine which units are most
important. Ask yourself,
Have I identified a specific disability concern in which action could be taken?
Have I identified specific actions that can be taken to address this issue?"
Is this something about which the person or organization I am writing to can do
something?
If the answer to these questions is YES, chances are you have a potential winnable action
issue.
2.2 Inserting convincing and accurate information in your letter.
Once you have identified the disability concern, it is time to write the letter. Strategies for
writing advocacy letters discussed in previous chapters will not be addressed in detail here.
It is important that you provide reasons as to why you are addressing the issue to the
identified person or organization. The letter should also include any relevant municipal, state,
and federal laws that support your position. In some cases, the organization or person may be
unaware that your disability concern is even a significant issue. On the other hand, the individual
or organization may be reluctant to address a disability concern any more than necessary.
Identifying specific laws that they must comply with alerts them to a situation that could
result in legal action. For your convenience, we have developed a section entitled “Facts and
Figures” (see Chapter 9). This chapter provides specific information on laws and regulations
that you can include in your letters to give them greater credibility and influence.
2.3 Selecting the most appropriate individuals for your action letter.
Identify the person who has the authority to make changes as your primary
contact/reader. It is a good idea to go as high as you can go in the authority chain for change to
happen. Additionally, it is a good strategy to send copies of your advocacy letters to other
important and relevant people. This will increase the likelihood of a response from your primary
contact. The next section will identify primary and secondary agents of change/contact to whom
you should send your action letters.
4 Fawcett, S. B. (1991). Some values guiding community research and action. Journal of Applied Behavior Analysis,
24(4), 621-636.
32
2.3.1 Primary agent of change/contact
1) Identify the person with whom you have the most advantage. Sometimes you can more
readily address a problem when you send your letter to a person that you know (e.g., a
colleague in the construction and design department for an elevator that tends to be broken a
lot). Or, you may have a mutual friend with the primary contact to whom you can refer to in
your letter.
2) Go to the top whenever you can. The upper level staff of an organization are more likely to
have the authority to change things and, therefore, may be more flexible in interpreting and
implementing policies. Staff at the lower levels of an organization often do not have the
authority to make decisions about organizational policies. Your time and resources are
precious. Use them where they will do the most good – start at the top!5
3) Select for empathy. When selecting your primary contacts, try to find individuals who may
have experience with a disability. This may be a personal disability, or contact with family,
associates, or friends who have some type of disability. Such experiences may have already
sensitized the person to the needs of people with disabilities.
4) Think systematically. Have you captured the big picture in identifying your primary contact?
For example, if you are working with a local franchise (one business that is part of a larger
chain), you might contact the local manager first to describe your disability concern. If you
do not get any response at this level, you might then contact the regional manager, and send a
copy of your advocacy letter to the corporate (highest level) office. Officials in these offices
want all of their franchise businesses to provide consistent services and products, and to
maintain a positive community image. Thus, your actions at this level may trickle down in
the form of orders from the executive offices for a local franchise to make specific changes in
compliance with the ADA, or other requested accommodations.
5) Research the information. The telephone and internet can become your tools when trying to
find the names of the individuals you wish to reach. Do not be afraid to call the manager and
ask for the name and business address of the owner. Or try searching the contact information
online. It may take some investigative work to find the individual who will be most effective
5 You have to be realistic when starting at the top. It’s probably not the best idea that you have the initial contact
with the Chief Executive Officer of an airline because your wheelchair was broken. But there is likely someone
down the corporate ladder who can help you.
33
in helping you; however, the time that it takes to research the information will be worth it in
the end.
2.3.2 Secondary agent of change/contact
When writing to your primary contact, consider copying your letter to other influential
secondary contacts6. By doing this, you let the person or organization with whom you have a
disability concern know that others are aware of your request. These secondary contacts are
likely to be interested in the action or non-action that the primary contact takes. This simple act
of sending copies of your letters to secondary contacts increases the accountability of the
primary contact to make a timely and positive response to your request. Depending upon the
severity of the disability concern, you may wish to copy the letter to two, three, or four different
individuals or organizations.
When copying people, be sure to indicate their position and organization so that the
primary contact will know who else is informed of the matter. See the example below:
cc: R. Gutierrez, Director, Hispanic Health Coalition for the Rio Grande Valley
J.C. Lopez, Project Director, Latino Health Enterprises
1) Government Entities. Potential secondary contacts for this category include, but are not
limited to the following entities:
Federal State County and Local
President Governors County Executive or
Administrator
Senators State Legislature Members County Commission
Members
House Members Secretary of State District Attorney
Congressional Staff
Members
State Attorney General Mayors or City
Administrators
National Council on
Disability (NCD)
State Budget Director Mayoral Disability
Committee Members
Department of Justice (DOJ) State Director of
Vocational Rehabilitation
Services
Human Rights
Commissioners
Department of Transportation
(DOT)
Human Rights
Commissioner
s
Building Inspectors
6 Cautionary note: If you are writing a letter to a primary contact that is of a personal nature and could potentially be
interpreted as slanderous (i.e., injurious to the reputation of the person you are writing), you may wish to seek legal
counsel as to whether or not you should send copies to other people.
34
Department of
Commerce
Department of Social
Services
Commissioners
City and County
ADA Coordinators
Office for Civil Rights State ADA Coordinators
Equal Employment
Opportunity Commission
(EEOC)
United States Access Board
Federal Aviation
Administration (FAA)
2) Businesses. Potential secondary contacts for this category include, but are not limited to,
Better Business Bureau, Chamber of Commerce, Corporate Headquarters, District Managers,
Professional Trade Groups or Guilds of which the business may be a member.
3) Medical. Potential secondary contacts for this category include, but are not limited to,
Council on Accreditation of Rehabilitation Facilities (CARF), State Medical Examiners,
American Medical Association, State Medical Associations, and specific Medical Specialty
Organizations (e.g., American College of Surgeons).
4) Disability Advocacy Organizations. Potential secondary contacts for this category include,
but are not limited to the following:
Centers for Independent Living ADA National Network and Regional
ADA Center
State Developmental Disability Councils State Protection and Advocacy Organizations
Client Assistance Programs Paralyzed Veterans of America (PVA)
National Council on Independent Living
(NCIL)
Statewide Independent Living Councils
Association of Programs for Rural
Independent Living (APRIL)
Americans Disabled for Attendant Programs Today
(ADAPT)
The Arc National Disability Leadership Alliance
American Civil Liberties Union (ACLU) Disability Rights Education and Defense Fund
2.4 Sending your letter
Sending your letter to your intended contacts may seem easy enough; however,
you should be aware of advantages and disadvantages of the different methods for
sending your letter. We will discuss each briefly below.
35
2.4.1 First Class Mail.
This is the most common method of sending mail. If you are not in a hurry and the
disability concern you are writing about is not critical, sending your letter by first class mail is a
low-cost and effective choice.
2.4.2 Certified Mail.
This method virtually insures that the person to whom you are sending your letter will
receive it. It provides proof of mailing, including time of mailing and the date and time of
delivery or attempted delivery. Remember to request a return receipt to confirm delivery. You
can choose this method if you want to ensure that your letter gets to its intended reader by a
specific date.
2.4.3 Registered Mail.
Registered mail is very similar to certified mail, except that it also includes an option to
purchase insurance in case the contents of the letter or package are destroyed or lost.
2. 4.4 Federal Express/UPS.
Federal Express (FedEx) or United Parcel Service (UPS) are other ways to get your letter
and accompanying documents to the addressee in a timely manner. These services are more
reasonably priced than they used to be.
2.4.5 Facsimile (FAX).
Most offices will usually have at least one FAX machine to serve its workers. Many
printers or scanners now have fax capability. FAX machines are very flexible in that they allow
graphics, tables, and text to be sent across the phone lines to the intended receiver. The
transmission is immediate and the sender is notified if the FAX message did or did not get
through to the receiver.
Cautionary Note: Sending a FAX is a less formal approach. This method does not
guarantee confidentiality of your letter's content. Generally, letters of this nature are not sent via
FAX, unless the receiver of the letter agrees to it. Also, note that sending a FAX to the primary
contact does not guarantee that they will receive it.
2.4.6 Electronic Mail (Email).
Email is currently the most frequently used form of communication. It is fast and without
36
any cost as long as you have access to the internet and a computer. Traditionally, mailing a letter
shows a formal approach to communicating with others. It implies that you went through the
time to type or write your letter, put it in an envelope, place postage on the envelope and mail it.
However, with easy access to internet and other communication modes, some individuals opt for
speed versus formality.
There are two different ways to send an email to advocate for your disability concern.
You can either send an email with an attached advocacy letter or you can write your advocacy
email directly in the text of the email. There is no evidence to determine which approach is more
effective. However, one suggestion might be that if you want to send a more formal email, such
as one with letterhead or signature, then you should send an email with the letter as an
attachment. Some strategies for sending an advocacy email will be discussed in Chapter 5.
Now you will have a chance to write your own advocacy letter to address a specific
disability concern you have. Remember that the first step in writing an advocacy letter is to
perform the task analysis. If you need some assistance with this, turn back to Chapter 1.
2.5 Task analysis
1) What is your main disability concern?
2) How does the problem directly affect you?
3) Does this problem occur regularly or did unusual circumstances cause it to happen this time?
4) Who or what is the cause of the problem and who can help make the changes?
37
5) Is there an existing law that can be used to advocate for a desired change?
6) Is there evidence or other information that can support your advocacy?
7) What specific changes do you want to see with the disability concern?
2.6 Writing the letter
Instruction: Please write a letter for your own disability concern using the template below. You
can click on the instructional text to enter your content. The entered content will replace the
instructional text. The content in the brackets [ ] can be deleted if it does not apply to you.
Otherwise, you can replace it with content that is pertinent to you.
Date
Name, Title
Company
Street address
City, State zip code
Salutation such as Dear Mr. XX:
Introduce yourself by telling who you are and why you are writing, using two to three lines.
Introduce the problem and present the evidence: explain the nature of the problem in detail, what
occurred, when it occurred, how it affected you, all parties involved, and any actions you may
have already taken. Present any evidence of the problem that you have collected.
38
Body of the letter: Provide a rationale as to why the targeted reader should work to resolve the
problem. Explain how this concern has affected you personally, and how it can affect others and
the target reader. Cite any laws that apply to the concern. Suggest possible solutions to the
concern. Offer yourself as a potential resource to contact if appropriate.
Closing:Wrap up the letter cordially with a brief review of the problem and your expectation that
the primary target reader will take prompt action to address your concerns. Emphasize the
benefits of addressing the concern for multiple parities, including the target reader if possible.
Closing with expressions such as “Sincerely,” or “Thank you.”
[Sign here]
Name, Title
Street address
City, State zip code
[Email: [email protected]] [Phone: (000)-000-0000]
[Enclosures]
cc: name and title of people who you identified as secondary contacts
39
Chapter 4: Exemplary Letters
By Dot Nary and Katherine Froehlich, revised by E Zhang
Now that you have reviewed how to write an advocacy letter (or email), we will use this
chapter to provide some models for developing your own advocacy letter. These letters are based
on actual letters written by consumers and disability rights advocates from across the country.
You may find an example that is relevant to your needs. Our intention is not necessarily for you
to copy these letters, but rather to use them as guides in writing your own letter.
1. How to use this section
We have identified 14 categories for advocacy letters. These include:
Accessible Parking
Disability Policy
Education
Employment
Health Care
Housing
Insurance Issues
Media Portrayal of People with Disabilities
Personal Assistance Services
Public Access
Social Services
Telecommunications
Transportation
Vocational Rehabilitation Services
We have included at least one good letter for each category listed. You may find it
helpful to reflect on what others have written and incorporate points to address your own
disability concern.
1.1 Identify Your Topic
Identify your disability concern, then find a category that is the same or similar. For
example, if you have a concern about the accessibility of an entrance to a local restaurant, look in
40
the “Public Access” category. Or if you are concerned about not being able to use public
transportation in your area, turn to the category “Transportation.”
It is also very important to your success as an advocate to understand the applicable laws
and regulations and how they apply to your situation before you confront the storeowner,
employer, or others who can respond to your request. It might be a good idea to obtain assistance
from experienced advocates initially, such as your local Center for Independent Living staff, who
can share their knowledge of relevant laws with you. Many people like you are using these laws
to create a more equitable and accessible society by writing advocacy letters.
1.2 Practice Your Own Writing
It’s a good idea to write a few practice letters. You may find it helpful and even healthful
to write an angry letter to start with. Don't hold back; just get your anger out on paper. You will
probably realize that, even though it feels good, it is not what you want the final product to look
like. Once you express your anger on paper, you can begin a first draft of your advocacy letter.
You can use the Advocacy Letter Template provided in Chapter 3 to write your letter. In this
letter, you should still let your feelings be heard, but instead of stomping on someone, you will
be “standing up” for your rights as a citizen. That's what you want anyway, isn't it?
Once you have prepared a draft of your letter, do some comparing with the model letters
included here. Refer to the components of an advocacy letter in Chapter 2 to make sure that it
contains all the important elements. This is a good way to shape an advocacy letter.
1.3 Celebrate Your New Skills
It’s important to acknowledge your increased skill in writing advocacy letters. You may
discover that you are having fun as you acquire these skills. Many people report a heightened or
renewed sense of accomplishment when they learn new ways to be assertive and to advocate for
their rights. You may be one of those people. We encourage you to begin and to allow yourself
the enjoyment of success in writing your own advocacy letters and experiencing a positive
response to your disability concerns. The following letters are labeled by category of issue, and
may help you shape your own letters.
41
2. Exemplary letters
2.1 Accessible parking example
November 20, 2016
Mr. Robert Bruce, Manager Public Department Store 322 Main Street
Anytown, Anystate 33011
Dear Mr. Bruce:
I am a longtime customer and credit card holder at your store. I have always found excellent merchandise
at a fair price at Public Department Store and, until recently, have always enjoyed good service. However,
when I visited your store with my daughter yesterday, an extremely upsetting incident occurred.
My 10-year-old daughter, Lori, uses a wheelchair and I drive a van with a side entry lift to accommodate
her needs. Because your parking lot lacks accessible parking spaces, I had to park diagonally across two
parking spaces to ensure that we will not be blocked in on the passenger side so that she can reenter the
van when we finish shopping. Although I have spoken with store employees at the customer service desk
several times in the past about the need for accessible parking in your lot, nothing has been done so I have
felt justified in taking up two parking spaces to accommodate my daughter's needs.
Yesterday when we emerged from the store, we found a store security guard waiting at our van to inform
us that he would call the police if it wasn't moved immediately. Apparently, he was angry because the
parking lot was full and we were taking up two spaces. My daughter and I tried to explain our reasoning
to him, but he became more loud and rude, and finally told us “my crippled daughter was not the store's
problem.” Upon hearing this, we got into the van and left, as I did not want my daughter exposed to any
more of this disgusting behavior.
I am writing to demand three things. First, a written apology from your store on behalf of this employee,
who refused to give his name. Second, an assurance that you will provide your staff with disability
awareness training to prevent incidents like this from happening again. Third, evidence of when Public
Department Store plans to comply with the Americans with Disabilities Act by designating accessible
parking spaces as required by law. If this modification is not prioritized and completed promptly, I will
file a complaint with the U.S. Department of Justice and will work with advocates at Central Independent
Living Center to publicize your employee’s lack of sensitivity and your store’s lack of adherence
to the law.
I look forward to your prompt response regarding this very serious matter.
Yours truly,
Janet Best 3322 Flower St.
Anycity, Anystate 33011
Phone: 111-111-1111
cc: Joe Brown, Central Independent Living Center
Susan Scott, Anytown ADA Coordinator
Accessible Parking
Example
42
2.2 Disability policy example
Feb. 22, 2017
June Graham, Councilwoman 1029 Worthington Street
Westham, Anystate 10002
Dear Ms. Graham:
I am the parent of an adult with intellectual disability. My son will be affected by the proposed zoning
changes involving rental properties in the city of Westham that you supported at last night’s city council
meeting. I want to advise you of the difficulties that these changes will create for a significant number of
citizens.
As I'm sure you are aware, there has been a movement to improve housing arrangements for persons with
intellectual disabilities. This movement has fostered the development of homes and apartments integrated
throughout the community, instead of the larger group homes and institutions which create segregation
and stigma. For the last 18 months, my son, John, has shared an apartment near the downtown area with
another man with whom he works.
These two men receive social support and supervision from a local agency, Community Supports. For the
first time in his life, John has been free to do the things that he enjoys when he wants to do them, an
opportunity he did not have when he lived in a group home with seven other adults.
Because of this housing change, John has improved his productivity at Pizza Hut, where he maintains the
salad bar. He has been getting along better with his roommate, his support staff, his friends, and his
family. He has also gotten to know some of his neighbors, who have been very friendly and helpful to
him. In short, he has been a much happier and satisfied person since his living arrangements have allowed
him the same privacy and choices that most other adults in society enjoy.
Unfortunately, due to the proposed zoning changes, rental of housing in John's neighborhood may be
severely restricted. John may have to leave the apartment which is comfortable, affordable, and which is
close enough to his job for him to walk to work. Because of the zoning change, John and others needing
similar living arrangements are likely to have difficulty finding affordable, convenient housing. I fear that
it may force many of these people to return to the group homes and institutional living arrangements that
were so detrimental to their happiness and integration in the community.
Please reconsider your support for the zoning changes and consider those who need to rent apartments in
these areas and who have worked so hard to become contributing citizens of this community. A policy
that restricts safe, affordable housing for lifelong residents who have overcome many societal barriers
cannot be a good one for the community. I look forward to receiving your response and to discussing this
important issue with you.
Sincerely yours,
Marion Kaye 1110 Mason St.
Westham, Anystate 10002
cc: Larry Donnelly, Director, State Developmental Disability Council
Disability Policy
Example 1
43
Mary Black, Director, Anytown Arc
December 7, 2016
Representative Edward Main, District 30
585 South 19th Street
Anytown, Anystate 11111
Dear Representative Main:
My name is Joy Kent and I was born and raised in Anytown. I enjoy living in Anytown because people
still smile and wave. I am 49 years old and I have severe major depression. Since age 10, I have had
depression, but it has only been in the last 8 to 10 years that I was diagnosed with severe depression. I
would really like to be working doing computer repair work, but my depression frequently gets in the way.
I use mental health and other health care services through Anystate Medicaid. Recent cuts to Medicaid
services have limited my access to needed Psycho-Social Rehabilitation (PSR) services, and have
eliminated my access to dental care. Without adequate PSR services, when my life goes into crisis the
only support available is to send me to the behavioral health unit at the hospital. This has happened twice
in the past year, and the cost to the state each time was about $48,000.
The last time I saw my dentist was three years ago. My teeth are cracking; I need new fillings. If my teeth
don’t get some attention soon, I am afraid I must have implants or dentures, which costs so much more to
the state than basic preventive care.
I am also very concerned about the change to Managed Care in Anystate Medicaid. I currently have a
very good counselor and a very good PSR worker. Will I get to keep them as my service providers under
managed care? Will there be an incentive for a Managed Care Organization to keep me out of the hospital
and to do everything they can to keep me living in the community with the support I need to be healthy?
These and other questions need to be answered for the new system to be effective.
I am asking that there be no more cuts to mental health services, that dental services be restored to adults
with disabilities, and that we take our time with Managed Care to build a quality service delivery system
for adults like me with mental health issues. I hope you can agree that there is a real problem in our state
with the lack of mental health services, and that dental care is important to helping people remain healthy
and productive. I ask that you be willing to work to resolve these issues this session, and I will do what I
can as well. Peoples’ lives depend on it. I know mine does.
Please contact me if I can provide any further information that can assist you to perform this important
work.
Sincerely,
Joy Kent
123 4th St
Anytown, Anystate 11111
Phone: 000-000-0000
Disability Policy
Example 2
44
2.3 Education example
October 16, 2016
Susan Sandford, Director of Special Education Anytown County School District
5674 Brown Road
Anytown, Anystate 11001
Dear Ms. Sandford:
My son, Frederick Sutton, is a student at East Junior High School and has been classified as learning
disabled for the past year. As his parent, I am very concerned that Frederick get a good education so that
he can succeed in the future. My son enjoys school and especially enjoys being involved in the chorus and
in sports.
As stated in his Individualized Education Plan, which was approved and adopted last May and which was
to be implemented at the start of this school year, Frederick should have access to a computer each day
during the time he spends in the resource room. He was to use this equipment to get help with his
assignments in English Composition.
As of this date, he has not had access to a computer in the resource room and neither his teacher, Mrs.
Abbott, nor the principal, Mr. Smith, can tell me when a computer will be available for his use. He is
falling behind in his English Composition class, and I am afraid that it will become harder and harder for
him to catch up with the other students in the class if he does not gain access to the computer specified in
the IEP.
I am requesting that my son be given daily access to a computer in his resource room upon your receipt of
this letter. I believe that his rights under his IEP are currently being violated by the school district, and I
have been advised by an advocate from Schools Are For Everyone (SAFE), Meg Ferguson, that I should
notify the Special Education Bureau of the State Department of Education if the problem is not resolved
immediately.
I hope that you will work with me in this very important matter to ensure my son’s continued education.
Sincerely,
Paul Sutton
4411 Boone Ave.
Anycity, Anystate 11001
Email: [email protected]; phone: 111-111-1111
cc: Meg Ferguson, Schools Are For Everyone (SAFE) Brian Brown, Legal Services of Anytown County
Education
Example
45
2.4 Employment policy example
February 5, 2017
Mr. Todd Rice, Manager Curley's Chicken Coop 1005 Grandview Avenue
Anytown, Anystate 44001
Dear Mr. Rice:
Today I visited your restaurant in response to your advertisement in the newspaper announcing an
opening for a part-time bookkeeper. I have an associate's degree in bookkeeping, several years of
experience, and excellent references. I would like to work about 20 hours per week, so I thought that this
opening might be a great opportunity for me to contribute to your organization. I also happen to have a
traumatic brain injury due to a car accident that occurred two years ago.
Unfortunately, my application for the position was refused. After filling it out, I met briefly with the
employment secretary, Mary Sanders, who asked several questions about my physical appearance, my
energy level, and my ability to get to work each day. Despite receiving my completed application and my
resume outlining my qualifications for the job, she asked no specific job-related questions and focused
only on personal issues that she seemed to feel would prohibit me from performing well in the workplace.
Finally, she explained that she could not accept my application because it was a very small office and no
one else would be available to do my work if I were absent.
I am writing to inform you that I view this as a very clear example of job discrimination due to my
traumatic brain injury. I do not believe that a non-disabled applicant would have been asked the personal
questions that were asked of me. Had Ms. Sanders been interested in my qualifications, she would have
learned that, in addition to the items outlined in my resume, I had an excellent attendance record at my
last job and my energy level has never been a problem at work, neither before nor after my injury. While
my hemiplegia seemed to cause her concern, she should know that it is illegal to discriminate against a
qualified applicant simply because she is uncomfortable with his or her appearance.
Please be advised that, unless I am given the same opportunity to be considered for this job as other
qualified applicants, I will file a discrimination complaint against your business with the Equal
Opportunity Employment Commission, the Department of Justice, and with the Any County Human
Rights Division. I look forward to discussing my qualifications for this position with you, and ability to
successfully carry out the duties for the part-time bookkeeper position.
Sincerely yours,
Donna Wright 2221 Main St.
Anycity, Anystate 44001
Phone: 111-111-1111
cc: Edward Dulles, Anycounty Human Rights Division
Employment
Example
46
2.5 Health care example
September 6, 2016
Susan Westin, Consumer Relations Coordinator
Any Insurance Managed Care Plan
295 Commerce Plaza Anytown, Anystate
Dear Ms. Westin:
I am a new enrollee of the Any Insurance Managed Care Plan who has quadriplegia. The reason for this
letter is that my request to have a physiatrist serve as my primary care provider (PCP) under your health
care plan was recently denied.
As my policy states that specialists may serve as primary care providers “at the discretion of the plan,” I
am writing to point out the benefits, both for the plan and myself, of having a physiatrist, or rehabilitation
specialist, direct my care. Please consider this letter a formal request for an appeal of this denial.
My health is very important to me, and I work very hard to maintain it. As an active person, I fulfill a
variety of roles at home and in the community: wife, employee, board member, sports enthusiast, and
church choir member. I can maintain this level of activity despite my disability because I take care of
myself and because I choose medical providers who can assist me in these efforts by providing support,
guidance, and up-to-date research-based information on best practices.
Several years ago, I was seeing a general practitioner as my PCP. I began to find reddened areas on my
buttocks, but was assured by the PCP that “everyone who uses a wheelchair has them” and that if I didn't
sleep in my chair overnight, I wouldn't have a problem. Three weeks later, I was in the hospital with a
grade 3 pressure ulcer, missing three months of work and incurring over $55,000 in medical charges. I
later learned that my provider had never treated a quadriplegic in his practice before, and that he knew
very little about secondary conditions, such as pressure ulcers and urinary tract infections, that can affect
people with spinal cord injuries if they do not safeguard their health with correct information, practices,
and treatment. I am not saying that he was a bad doctor. I am simply stating that he shouldn't have been
directing care for someone with a condition about which he knew very little, and both I and my health
insurance carrier paid the price for his lack of judgment.
Since that time, I have been seeing a provider who specializes in issues of people with disabilities and
chronic conditions. She is knowledgeable about the problems of people with paralysis, keeps current on
the latest research findings, and helps me to stay exceptionally healthy and active. Because of this, I
believe that she has saved me and my former insurance company many thousands of dollars in medical
costs and produced better outcomes.
Therefore, as a new enrollee in your health plan, I request that I be allowed to choose a specialist as my
primary provider. I am enclosing a supporting statement from my former physiatrist to demonstrate
further the merit of my request. Should you need more information, please do not hesitate to contact me.
My thanks for your time and attention in this urgent matter.
Yours truly,
Health Care
Example
47
Julie Wright
1177 Monroe St.
Anycity, Anystate, 00000
Phone: 111-111-1111
Enclosure: Support letter from Dr. Jane
cc: Cindy White, Central Independent Living Center
Joseph Jackson, Office of the Insurance Commissioner
48
2.6 Housing policy example
November 13, 2016
Jerome Travette,
Travette Rental Realty
560 College Avenue
Anytown, Anystate
Dear Mr. Travette:
I am writing regarding some information that I received from one of your rental agents, Mr. Bob Stearns,
earlier today. I was recently transferred to the Anytown office of my employer, Brooks, Inc., and I
contacted your agency to search for an apartment. As a person who experiences post-polio syndrome and
who ambulates using forearm crutches, I am seeking housing that will meet my accessibility needs, is
affordable, and is located within a few miles of my workplace.
Upon being shown an apartment at 104 Magee Street that is both affordable and conveniently located, I
was dismayed to learn from Mr. Stearns that he would consider it a problem if I leased the apartment and
subsequently installed a handrail at the front entrance at my own expense. Mr. Stearns would not give a
reason for this denial, but made it clear that I could not make this minor alteration to increase accessibility.
As one of the largest rental firms in the area, I am sure that you must be familiar with the Fair Housing
Amendments Act of 1988. In addition to prohibiting discrimination in housing, this federal law prohibits
landlords from refusing to let tenants make reasonable modifications for accessibility at their own
expense. I am sure that a railing on a set of steps would be considered a reasonable modification by
anyone charged with enforcing this law.
Therefore, I would like to meet with you at your earliest convenience to discuss this situation and your
rental policies in general. I have asked a representative of the local Fair Housing Board to join us and to
provide reference materials. I am hopeful that we can work cooperatively to resolve this issue, and ensure
equal housing for citizens with disabilities through your firm in the future. I look forward to hearing from
you.
Respectfully yours,
Tom Johnson
5512 Green St.
Anycity, Anystate
Phone: 111-111-1111
cc: Mr. Ernest Frey, Fair Housing Board of Anycounty
Ms. Julie James, Independence for All, Inc.
Ms. Cynthia Sweet, HUD Regional Office
Housing Policy
Example
49
2.7 Insurance issues example
July 22, 2016
Mr. Robert Fernwood, Chief Executive Officer
Fernwood Insurance Agency
22 Dayton Avenue
Anytown, Anystate
Dear Mr. Fernwood:
Yesterday I called your agency about auto insurance for my vehicle. I have an excellent driving record
and have never had difficulty obtaining insurance coverage in the past. However, as a person with
epilepsy who has recently been given medical clearance to drive again, I believe that I was treated in a
discriminatory manner.
I requested that your agent, Mr. Burns, quote me a price for one year of liability insurance for my 2010
Dodge Caravan. When he asked what company had issued my current policy, I explained why I had not
needed coverage during the last year. Upon learning about my epilepsy, Mr. Burns insisted that any
liability policy that I purchased would have a surcharge because of my increased potential for accidents.
Although I explained that I had been given medical clearance to drive because I had been free of seizures
for the required period of time, your agent insisted that my policy would cost more.
My call to the state insurance commissioner's office today confirmed that it is illegal and discriminatory
to charge a qualified driver more for an insurance policy simply because he or she has a disability.
Please contact me at your earliest convenience to assure me that your agents have been given accurate
information about auto insurance rates for people with disabilities and that they will no longer attempt to
discriminate on the basis of disability. Perhaps when this serious issue has been resolved, we might be
able to discuss my insurance needs.
I can be reached at 999-799-2652 most days.
Sincerely yours,
James Carver 4466 North St.
Anycity, Anystate
cc: Jane Brown, State Insurance Commissioner
Insurance Issues
Example
50
2.8 Media portrayal of people with disabilities example
March 3, 2016
Bonnie Shelton, News Director
WBZY
221 Maine St.
Anytown, Anystate 11101
Dear Ms. Shelton:
As a person with the psychiatric disability of bipolar disorder, I am very concerned about the way people
with such conditions are portrayed in the media. Too often we are negatively and collectively stereotyped,
rather than accurately portrayed as individuals who might be your family member, your neighbor, or your
co-worker. Unfortunately, your Monday evening program contributed to this negative stereotype of
persons with psychiatric disorders.
In stating that a woman had been reported to the police as missing by her family, the reporter stated that
she was a patient at the state hospital “and could be dangerous.” As no other information or evidence of
violent tendencies on the part of the missing woman was given, I suspect that this warning was a product
of the reporter’s own misperceptions and ignorance regarding psychiatric disabilities.
This is distressing in and of itself, but when one considers the power of the media in shaping public
opinion, it is a very serious problem. Media professionals have a responsibility to report the news fairly
and accurately; the type of uninformed editorializing very likely represented by this reporter’s statement
does a tremendous disservice to those of us who live with psychiatric disabilities and must contend daily
with the stigma associated with these conditions. I suggest a helpful product to help inform your staff
members about proper media portrayal. I suggest that you download a copy of the Guidelines: How to
Write and Report About People with Disabilities, available through the Research and Training Center on
Independent Living. You can link to this resource by going to the following URL:
http://rtcil.org/products/media.
Please remind your staff of their responsibilities in reporting on people with disabilities, and arrange for
some awareness training if it is warranted. Central Center for Independent Living or the local mental
health association provides these services. I look forward to observing a higher level of professionalism at
WBZY in reporting on disability issues in the future.
Sincerely,
Nancy Willets 8803 12th St.
Anycity, Anystate
cc: Karen Robinson, Central Center for Independent Living
Media Portrayal
Example
51
2.9 Personal assistance service example
July 22, 2016
Julie Randolph, Executive Director
United Home Health Agency
41 Delta Way
Anytown, Anystate
Dear Ms. Randolph:
My name is Mark Simons, and I have been using the services of your agency for the last five months. As
a person living with AIDS, I try very hard to preserve my health and to enjoy life day-by-day. Lately, this
has been more difficult than usual because, after four months of very good homemaker services provided
by United Home Health, the services during the last three weeks have been very unsatisfactory.
When I first signed a contract with United to provide services covered by Medicaid, I worked with your
social worker, June Farrell, to develop a homemaking task plan that would be used by the aides. This plan
worked very well from March to June as the aides sent were extremely professional and conscientious
about performing the tasks in the plan as requested.
Beginning this month, however, I was assigned two new aides who have not performed adequately.
Problems have occurred in housecleaning, including failing to wet mop the bathroom floor on a weekly
basis; in shopping, such as purchasing foods that are not on the shopping list and to which I have an
allergy and cannot eat; and preparing foods, such as frying foods that I requested be broiled for health
reasons.
Although I have discussed the problems with the aides themselves, and also reported them to the Manager
of Homemaker Services, Anita Held, the situation has not improved. I was advised by June Farrell to
contact you and to formally request, as provided for in my contract, that I be assigned different aides who
will follow the homemaking task plan more closely.
I would appreciate hearing from you at your earliest convenience that my request will be addressed within
the next two weeks. Because of the excellent service that I have received in the past, I prefer to continue
with your agency and work cooperatively to address this issue. Thank you for your time and attention in
this very important matter.
Sincerely yours,
Mark Simons
7902 Maryland Ave.
Anycity, Anystate
cc: Jerome Berger, Area Medicaid Manager
Ann Burton, Anycounty AIDS Resource Center
Personal Assistance
Example
52
2.10 Public access example
Jan. 12, 2017
Tom Klein, Executive Director
The Music Center
1600 Smart Dr.
Anycity, Anystate 111111
Dear Mr. Klein:
We are Access Task Force, an advocacy group committed to making our city more accessible to people
with disabilities. We are writing to discuss some accessibility issues of the Music Center with you.
Some of our members have experienced some difficulty opening the bathroom doors in the Music Center
because of the opening force. Specifically, Judy spoke with one of your staff members, Mr. Cook, and he
suggested that we should contact you.
During a visit to the Music Center on January 9th, we measured the force required to open the bathroom
doors using a CRL door pressure gauge. On the ground floor, the women’s restroom door required 18
pounds of force to open it. The men’s restroom door required 17 pounds of force to open it. On the lower
level, the women’s restroom door required 13 pounds of force to open it. The men’s restroom door
required 14 pounds of force to open it. However, the 2010 ADA (Americans with Disabilities Act)
Standards for Accessible Design specify a 5-pound maximum:
404.2.9 Door and Gate Opening Force. Fire doors shall have a minimum opening force
allowable by the appropriate administrative authority. The forces for pushing or pulling open a door or
gate other than fire doors shall be as follows:
1. Interior hinged doors and gates: 5 pounds (22.2 N) maximum.
2. Sliding or folding doors: 5 pounds (22.2 N) maximum.
Please either adjust or replace the door closures on the women’s and men’s restroom doors on each floor
where accessible restroom are provided, so no more than 5 pounds of force is required to open the doors.
If that is not possible to achieve through adjusting or replacing the door closures, then a suggested
solution is to install full-powered automatic doors, or low-energy or power-assisted doors that meet ADA
specification 404.3. This would result in the greatest degree of accessibility for everyone. We would be
happy to meet with you and discuss this further.
Overall, accessibility for people with disabilities at the Music Center is very good. Making the bathroom
doors easier to open would make your center even more accessible. We believe improving accessibility at
the Art Center will benefit your customers and your business.
Thank you for time and consideration. We look forward to your reply.
Sincerely,
Lena Smith, Access Task Force member
120 Washington Street,
Anycity, Anystate 111111
Public Access
Example 1
53
Email: [email protected] Phone: 111-111-1111
cc: Tina Bush, ADA Coordinator of Anycity
June 30, 2016
Sam Bigelow, Airport Operations Manager
Aviation Department
Anycity International Airport
Anycity, Anystate
Dear Mr. Bigelow:
Like other business people in this area who travel frequently, I pass through Anycity International Airport
several times each month. As a wheelchair user, I have been pleased to note recent improvements in
accessible parking.
However, I continue to be concerned and frustrated with the lack of accessibility in the public restrooms.
While the soap dispensers have been lowered to make them reachable by people in wheelchairs, the
accessible toilet stalls remain unsafe and unusable by many people with disabilities. The width of the stall,
the placement of grab bars, and the height of the toilets themselves do not comply with state and federal
accessibility regulations, and this lack of compliance constitutes a hardship for those who need these
features. When one considers that many people with disabilities have come from or are headed to aircraft
which have inaccessible restroom facilities, the need for accessible toilet stalls is very clear.
Specifically, I would like to know what timelines and plan of action will be taken to make the stalls
accessible. I understand from previous conversations that you put contracts out for bid. I understand also
that such modifications constitute a large expense for an airport with so many terminals. However, it
would make sense to begin the process by modifying restrooms located near the busiest gates, such as
those used by Delta, Southwest Air, and American Airlines.
I would appreciate hearing how you plan to address this problem soon. Colleagues of a local center for
independent living and I are ready to provide technical assistance upon request. We have included some
accessibility information on restroom access with this letter. If I do not hear from you within the next two
weeks, I will feel that it is necessary to file a formal complaint with the United States Access Board. I
look forward to working with you to remedy this urgent problem.
Sincerely,
Greg Black
3388 NW 20th St.
Anycity, Anystate
cc: John Quinn, Central Independence Center, Inc.
Diane Post, Anytown International Airport
Jennifer Kelly, Office for People with Disabilities
Public Access
Example 2
54
2.11 Social services example
December 2, 2016
Mark West, Commissioner of Social Services
Anycounty Department of Social Services
5129 Route 9
Anytown, Anystate
Dear Mr. West:
I am a 62-year-old widow who has bad vision and emphysema. I live alone. My food stamps were
recently cut off. I am writing because this decision is wrong.
Earlier this year, my son spent three months living with me. At this time, my food assistance was stopped
because his income raised my household income too high to receive food stamps. When he left in early
June, I called my caseworker to report the change in my income. My caseworker said okay, and I had my
food stamps back in July.
About two months ago, my son came to visit me for just one week. My caseworker stopped by during this
time and decided to stop my food stamps again. However, my son was just visiting, not living here, and
he didn't give me any money. He has not been here since the first week of October, yet I am still without
food stamps and am having a hard time making ends meet.
My case number is D456093 and I would like a fair hearing on this issue. Please check into my problem
as soon as possible and help me to get my food stamps back. As I have no phone now, you can contact me
by mail.
Thank you,
Mrs. Alma Jones
8855 Lily Lane
Anycity, Anystate
cc: Mr. Kevin White, Action for Older Persons
Social Services
Example
55
2.12 Telecommunications example
March 23, 2016
Mr. John Holt, General Manager
Mega Motor Corporation
2203 Iowa Street Anytown, Anystate
Dear Mr. Holt:
I am a deaf person who has bought two cars from your company. I bring my cars to you for servicing
most of the time. Last week one of my cars was not running well and I had to bring it in to your garage,
since it has a warranty. My car is now fixed and I am happy with it, but that is not the problem.
I called your service department to make the appointment and talked for a long time with the service
manager. He asked me many questions about what was wrong with the car and I tried to explain the
problems. He used some words about auto mechanics that I did not know, and he explained the meaning
to me. Our call would have been easier and faster if you had a TTY in your office. A TTY is a device that
deaf people use to talk by phone. I called your company through the relay service run by the phone
company. But it takes longer to talk on the phone when a third person, the relay operator, has to be in the
middle. Also, I called the relay service three times before I could get a relay operator to help me because
they were so busy with many calls.
I would like to request to communicate with your staff by text messaging. This current technology is
efficient and if we could communicate that way it would eliminates the need to for you to have a TTY. To
do so, I would need a cell phone number from your company.
Please text me via 000-000-0000 if you would like to discuss in more detail. I thank you for your time.
Sincerely,
Mary Rockland
1002 Brooklyn St.
Anycity, Anystate
Telecommunications
Example
56
2.13 Transportation example
January 12, 2017
Mr. George Hall, Consumer Services Manager
Bell County Consolidated Transportation Program
1246 Power Road
Anytown, Anystate
Dear Mr. Hall:
I am a legally blind person who relies on the Bell County Consolidated Transportation Program on most
days to travel to work, to recreational sites and medical providers, and to other destinations in the
community. I feel fortunate to live in an area with adequate transportation that helps me get around to do
most of the things I want to do despite my vision impairment.
This week, however, I have had difficulty in accessing buses at my usual bus stop, which is at the corner
of Main and Westbrae. Today and yesterday, the shelter at this stop has been filled and surrounded by
snow that was pushed there when the road was plowed by the city. Thus, I was not able to get close to the
curb where I usually wait for the bus. The bus driver apparently did not see me and, apparently, with no
other riders waiting, did not stop to pick me up. When this happened yesterday, I waited quite a while and
then was fortunate to get a ride from a neighbor who happened to see me on his way to work. I called
your office to report the problem, and was assured that the shelter would be cleared and that both the city
maintenance department and that driver would be told of the incident. However, with another snowfall
last night, the same thing happened this morning.
I am now registering a formal complaint with your office and asking that you address this issue
immediately as I feel that it violates my civil right to equal access in transportation. I realize that snow
can create a problem in many ways for transportation systems. However, I feel that if I can manage as a
blind person to get to the stop, then the transportation system should be able to figure out a way to pick
me up. Since the bus stop has never been snowed in before, I think that someone in your office needs to
connect with someone in the city maintenance division to work out a different plowing pattern so that the
shelter and bus stop remain usable for those who need to be picked up there.
Please contact me at a suitable time to let me know that the problem has been resolved so that I can plan
to get to work on time in the future. I look forward to hearing from you that the transportation system is
again equally accessible to all.
Sincerely yours,
Harry Helmut
3541 McGee St.
Anycity, Anystate
cc: John Monroe, Bell County ADA Coordinator
Janet Bartholmew, Central Independence Center
Transportation
Example
57
2.14 Vocational rehabilitation services example
May 10, 2016
Mr. John Smith, Area Manager
Anystate Department of Vocational Rehabilitation (DVR)
10 Main Street
Anytown, Anystate
Dear Mr. Smith:
My name is Jane Johnson and I am a client of your office of the Anystate Department of Vocational
Rehabilitation. I am a C4 quadriplegic who is pursuing a graduate degree at the University of Anystate,
and who has received financial support from DVR toward this goal. I am trying to acquire an accessible
vehicle so that I can fulfill my educational requirements. Recently I received a denial from your office for
my request for adaptive driving equipment, and I am writing to request a fair hearing of this decision.
First, the federal Rehabilitation Services Administration (RSA), which oversees your agency, issued a
regulatory memo several years ago, stating that, “Van modifications are a rehab technology service, and
are no longer to be considered as transportation services issues.” In other words, the decision to fund this
technology must rest on the individual’s need for the technology, not on the person’s access to alternate
transportation. Your letter states that funding for the purchase of driving equipment is not “economically
feasible,” as you had made a phone call and found out that the university has accessible transportation
services available for one dollar per ride. This decision clearly conflicts with federal policy. The RSA
policy also states that cost is not to be a factor in determining whether to approve an item such as driving
equipment. My request should have been approved per the federal policy.
Second, I must emphasize that my future educational and employment success depends on my access to
transportation. As a student and research assistant, I must be able to collect data and attend meetings at
several research sites in neighboring cities in the evenings and on weekends, as well as on weekdays. I
must also be able to travel to conferences in and out of state, which can mean travel to conference sites
within driving distance, or to and from the airport.
My ability to acquire research skills and to earn my degree depends on my ability to access the same
opportunities as other graduate students, which will not occur if I have to rely on transportation available
only in a limited area and only on weekdays. As my educational level increases, I have increased need for
personal transportation so that I may fulfill the increased responsibilities that I am expected to assume.
Please consider this letter to be a formal request for a fair hearing of the above decision. I look forward to
prompt notice of the date, time, and place. I have appreciated the vocational assistance that I have
received and will continue to receive from your agency, and the excellent relationship that I have
experienced with my counselor, Bob Brook. I look forward to obtaining my own accessible transportation
so that I can successfully complete my education and become a self-supporting member of society.
Sincerely yours,
Jane Johnson
6600 Zimmer Ct.
Anycity, Anystate
cc: B.W. Simmons, Client Assistance Program
Vocational Rehab Services
Example
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Chapter 5: Writing an Advocacy Email
By E Zhang
Now that you have learned how to write an advocacy letter, it will be easier for you to
write an advocacy email. The main difference is that if you choose to send an advocacy email
without an attached letter, you will state your concerns directly in the body of your email.
It is not clear which approach is better, so you can decide if you want to send a formal
letter, possibly on letterhead, or an email instead. However, there are some unique
characteristics to sending an advocacy email that don’t apply to an advocacy letter.
1. Prepare to send an email
Before getting into writing an advocacy email, we need to prepare. First, do you have
an email account? Do you know the email address of the primary and secondary contacts of
your advocacy email?
1.1 Set up an email account if you do not have one
Email is one of the most popular communication methods today. It is easy to send and
there is no additional cost if you already have access to internet. Therefore, if you do not have
an email account yet, it’s the right time to create one. If you don’t know how to set up one,
please see “How to Create an Email Account” (http://www.wikihow.com/Create-an-Email-
Account) to learn how to do so. One suggestion is that your email address should be
professional and simple. In other words, complicated or funny email addresses (e.g.,
[email protected] or [email protected]) will not help build a positive first
impression.
1.2 Identify the email addresses of primary and secondary contacts
Just as you need to know the physical address of someone to send a letter, you need to
know the email address of someone to send an email. The simplest way to find an email
address is to ask for that information if you know how to contact that person by phone or in
person. The internet is also a great tool for finding contact information, including email
addresses. Put the person’s name and other identifiable information (e.g., workplace) in a
search engine such as Google. You may find the information you need if that person’s contact
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information is public (On organizational websites, emails are often listed on the “About” or
“Contact” pages.) You can also try to find the contact information through email address
directories such as Address Search. However, be aware of the possibility that you will send
your email to a wrong person with the same name.
2. Send an advocacy email
2.1 Overview
Now that you’re prepared, let’s learn how to write and send your advocacy email. The
general strategies of writing an advocacy letter we discussed earlier apply to an email as well.
In general, write a business-like email, be concise, and be courteous. You can write and send an
email by following seven steps that we demonstrate using Gmail as an example. See the
screenshot of a Gmail interface below.
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Steps 1) Click the button that allows you to compose a new email, such as "new email" or "compose."
2) Enter the email address(es) of the primary contact(s) in the address bar named "To."
3) Enter the email address(es) of the secondary contact(s) in the bar named "cc".
4) Enter a subject in the subject bar:
The subject needs to be short and accurate. It should reflect the key content of your email.
5) Type the message you want to send in the "body" field.
You can write a short email if you decide to attach an advocacy letter. You can also write your advocacy letter message in the body of the email.
6) Insert attachment(s) such as documents, pictures, videos.
The attachment function allows you to attach your letter and any visual, audio or video evidence. Make sure your attachments are in commonly used file types like Word, PDF, and jpg.
7) Review and send your email.
Review your email for any spelling, grammar or formatting issues, then click the "send" button.
2.2 Send an advocacy email with an attached letter
If you want to send an advocacy email with an attached letter, you just need to write an
advocacy letter as discussed in Chapters 2 and 3, and attach it to an email. The body of the
email should only be a short summary of your letter and serves to refer the reader to open the
attached document. The following list will briefly describe the components of an advocacy
email with an attached advocacy letter.
A. Enter the email address(es) for the primary contact(s). Enter the primary contact(s)’s
email address(es) in the address bar named “To.” You can email one or multiple primary
contacts in one email.
B. Cc (send a copy to) the secondary contacts. Enter the secondary contact(s)’s email
address(es) in the address bar named “cc.” You can copy one or multiple secondary
contacts who will be interested in helping resolve the concern described in your email and
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letter. (The letters “Bcc” stand for “blind carbon copy,” which means that the primary
contact does not see this person’s address.)
C. Subject line. Enter a short and clear subject for your email. It should reflect the key content
of your email. For example, “Accessible parking problem at XX Store” if you are writing
about an accessible parking issue at a certain store. This way, the reader can quickly get an
idea about the email content and realize that it is a serious issue rather than spam (or junk)
mail.
D. Salutation. This is the greeting of the email. As in a letter, you should address
appropriately the individual(s) named in the “To” address bar. For example, if you email
John Doe, City Manager of Anytown, you would open the email with “Dear Mr. Doe.” If
you also want to include Susan Smith, the ADA Coordinator of Anytown, as a primary
contact, then you should open the email with “Dear Mr. Doe and Ms. Smith.” You do not
need to address any individuals who are copied on the email, but if you wish, you can
mention in the body of the email that you have copied them.
E. Body of the email.
☐ 1. Introduce yourself. Use one or two lines to tell who you are briefly.
☐ 2. Introduce the problem. Use one line to tell why you are writing.
☐ 3. Refer to the attached advocacy letter and other attachments. Use one or two lines
to refer the reader to the attachment. For example, “Please see the attached letter
named Accessibility Concern Letter.”
F. Closing the email:
☐ 1. Wrap up the email by stating your expectation that the contact person(s) will
address your concerns.
☐ 2. Choose a closing such as “Sincerely,” or “Sincerely Yours.”
☐ 3. Type your full name and contact information. Give your name, title if appropriate,
address, phone number, and any other contact information you think necessary.
☐ 4. Insert attachments including the advocacy letter and other files such as pictures,
videos, and documents. Name your files to reflect their content so it will be easier
for the reader to refer back to them.
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Mark’s example
Do you remember Mark from Chapter 1 and other chapters? He has an advocacy issue
about the outside entrance and the bathroom accessibility at the West Side Diner. He wrote an
advocacy letter to Mr. James Smith, the owner of the restaurant, and decided to send it via an
email. First, he found the email addresses of Mr. Smith and the secondary contacts online. Here
is how this email looks like.
troduce
ourself Introduce
the problem Refer to the letter Wrap up
Closing salutation
Name and contact
Primary contact
Secondary contacts
Subject line
alutation
Attachment
In
y
S
2.3 Send an advocacy email alone
If you want to send an advocacy email without an attached letter, you can write an
advocacy letter first, then copy and paste it into the body of your email. Alternatively, you can
compose it directly as an email. The following list briefly describes the components of an
advocacy email:
A. Enter the email addresses for the primary contacts. Enter the primary contact(s)’s
email address(es) in the address bar named “To.” You can email one or multiple
primary contacts in one email.
63
B. Cc the secondary contacts. Enter the secondary contact(s)’s email address(es) in the
address bar named “Cc.” You can copy one or multiple secondary contacts who will be
interested in helping resolve your disability concern.
C. Subject line. Enter a short and clear subject for your email. It should reflect the key
content of your email. For example, “Accessible parking problem at XX Store” if you
are writing about an accessible parking issue with a certain store. This way, the reader
can quickly get an idea about the email content and realize that it is a serious issue
rather than spam (or junk).
D. Salutation. This is the greeting of the email and should be addressed appropriately to
the individual (s) named in the “To” address bar. For example, if you were emailing
James Smith, the owner of the West Side Diner, you would open the email with “Dear
Mr. Smith.”
E. Introduce yourself. Use the first two or three lines of the email to tell who you are and
why, briefly, you are writing.
F. Body of the email: Introduce the problem, present the evidence, and offer solutions.
Explain the nature of the problem in detail by addressing the following: what occurred,
when it occurred, how it affected you, all parties involved, and any actions you may
have already undertaken. Present any evidence of the concern that you have collected.
☐ 1. Explain how this concern has affected you personally, and how this concern can
affect others and the intended reader/contact.
☐ 2. Cite any laws that apply to the situation you are presenting.
☐ 3. Mention that you have attached any other supporting documents if applicable. For
example, “I’ve attached the 2010 ADA Standards for Accessible Design.
☐ 4. Suggest possible solutions on how to address the concern if appropriate.
☐ 5. Offer yourself as a potential resource to contact if appropriate.
G. Closing the email:
☐ 1. Wrap up the email cordially with a brief review of the problem and your
expectation that the contacts will address your concerns. Emphasize the benefits of
addressing the concern for multiple parties, you, the wider community, and the
intended reader if possible. This will help end the email on a positive note.
☐ 2. Choose a closing such as “Sincerely,” or “Sincerely Yours.”
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☐ 3. Type your name and contact information. Give your name, title if appropriate,
address, phone number, and any other contact information that you think necessary.
☐ 4. Insert attachments such as pictures, videos, and documents if applicable. Name
your files to reflect their content so it will be easier for the reader to refer back.
H. Send the email:
Before hitting the send button, make sure that you:
☐ 1. Proofread the email (e.g., check for spelling and grammatical errors and neatness),
and check for the correct email addresses.
☐ 2. Consider showing your email to a friend for his or her feedback before you send it.
☐ 3. Make a copy to keep for your records. The email will be saved in your email
account “Sent” box automatically; however, you can copy and paste your email into
a Word document and save it on your computer as a backup.
Mark’s example
We will use Mark as an example again. This time he decides to send an advocacy email
without attaching a letter. Here is how this email looks like.
Secondary contacts Primary contact
Subject line
Salutation Introduce
yourself
Body of
the email
Introduce the problem
Wrap up
Name and contact information
Attachments
Closing salutation
65
Here is the email text of the email above:
Dear Mr. Smith:
My name is Mark Post, and I am a wheelchair user. I am writing this letter to discuss some
accessibility problems I encountered while dining at your restaurant.
On March 5, I went to your restaurant on Gerard Avenue and had a difficult time getting from
the parking lot onto the sidewalk in front of your restaurant because there is no curb ramp to
allow persons using wheelchairs to access the sidewalk. I’ve attached a picture of the curb at
the entrance for your review. Later I found myself unable to use the restroom because the door
is too narrow (27 inches) to get in. At the time of the incident, I discussed my concern with Ms.
Pam Barker, the shift manager, who suggested that I contact you since you make decisions
about building.
It can be frustrating for a wheelchair user, like myself, to have several difficulties in one place
of business. Perhaps you are not aware of how many wheelchair users there are in this town.
The physical barriers I have identified may be causing your business to lose potential
customers with disabilities. Even more importantly, the lack of accessible restroom and curb
ramp is not only an inconvenience; it does not comply with the Americans with Disabilities Act
(ADA). The ADA includes a provision that all newly constructed public accommodations be
accessible. The addition of a 1:12 ratio curb ramp, a door width of at least 32 inches and other
accessibility features that may be needed in the restroom will bring about compliance with the
2010 ADA Standards for Accessible Design. I've attached the 2010 ADA Standards for
Accessible Design regarding ramps and restrooms. I am very interested and willing to provide
you with more specific information regarding making your restaurant accessible, including tax
incentives that may be applicable to offset the cost.
In closing, I would like to emphasize that your restaurant needs to be accessible for all people,
including wheelchair users. It will also increase your business. I look forward to seeing the
changes in your restaurant so that my friends and I may enjoy frequent visits in the future.
Sincerely,
Mark Post
1300 Brown St.
Anywhere, USA 55501
Phone: 000-000-0000
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Chapter 6: Making an Advocacy Phone Call
By E Zhang
Now that you have learned how to conduct a task analysis of a disability concern and
write advocacy letters and emails, it’s time to discuss another major communication mode:
phone calls. You definitely know how to make a phone call, through either a landline or cell
phone. However, this chapter can help you become a more effective disability rights advocate
during a phone call conversation.
Making an advocacy phone call has some benefits over sending a letter or email. For
example, it will allow you to ask questions and get immediate responses. In addition, it is more
personal than writing. However, the downside of a phone call is that there is no record of
agreement or disagreement unless you audio tape the conversation. This might be legal or
illegal depending on where you live. So when you do make a phone call, remember to also
send a follow up letter or email to summarize what both parties have agreed to during the
phone call.
1. General strategies for making an advocacy phone call
Here are some general strategies for making an advocacy phone call:
Be prepared. Because time is precious for everyone, it is important that you prepare to talk
about your disability concern, answer questions and request changes. Conducting a
thorough task analysis of the disability concern is the best way to prepare.
Talk and listen. Of course, it is important to talk about your disability concern to your
intended contact. Just as important, remember to listen. In other words, allow opportunities
for the other person to respond. This way, you know that the other person understood what
you said.
Be courteous. Even if you are talking about a concern, you can be courteous and should not
sound “preachy” or angry. Keep a positive tone of voice.
o Mention something positive about your experience (if any) while advocating for
changing something negative with the phone contact. For example, you can say, “I
really enjoyed the food at your restaurant; however, the music was too loud for me
to have a conversation with my friend since I wear hearing aids.”
o Emphasize the benefits of the suggested changes, not only to you or other people
with disabilities, but also to the phone contact. For example, making a business
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accessible will not only help provide better shopping experiences for people with
physical disabilities, but also potentially help bring in more customers to the
business.
2. Components of an advocacy phone call
The following list briefly describes each step of the phone call so you can properly
prepare for it:
1) Before the phone call:
A. Conduct a task analysis. Conduct a task analysis of your disability concern and write
it down. This will become your talking points for your phone call.
B. Identify the phone number. Find the phone number of the primary contact that you
identified through the task analysis. The internet might be a great resource for this.
C. Have the written task analysis and a pencil at hand. The written task analysis can
keep you on track and make sure you present all the key information. The pencil will be
handy when you need to jot down information such as the date and the key content of
the call.
2) During the phone call:
A. Salutation. Greet the person you are calling appropriately. For example, “Hello, Mr.
Smith,” or “Good morning, Mr. Smith.”
B. Introduce yourself. Briefly tell who you are and why you are calling. For example,
“My name is Mark Post and I am a wheelchair user. I am calling to discuss some
accessibility issues with your restaurant.”
C. Introduce the problem and present the evidence. Explain the nature of the problem
in detail: what occurred, when it occurred, how it affected you, all parties involved, and
any actions you may have already undertaken. Provide evidence that this is a problem
that has to be acted upon.
D. Provide a rationale of why there is a problem and what needs to be done to address the
problem:
☐ 1. Explain how this concern has affected you personally, and how this concern can
affect others and your contact.
☐ 2. Cite any laws that apply to the situation you are presenting.
☐ 3. Suggest possible solutions on how to address the disability concern if appropriate.
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☐ 4. Offer yourself as a potential resource to contact if appropriate.
E. Closing the phone call:
If you receive a positive response from the person you speak to or the person
indicates that he/she needs to investigate before responding, follow these steps:
☐ 1. Identify the action plan: Ask what will be done, who will do it, when and
where it can be done. You need to identify the details of the action plan so both
parties are on the same page. For example, you can ask questions such as “What
kind of restroom modification are you thinking of?” and “When do you think this
modification can be made?”
☐ 2. Identify a follow up time. You can identify the follow up time by asking
questions like “Is it okay for me to call you back in two weeks?”
☐ 3. Leave your contact information. Give your reliable contact information such as
phone number and email address so that the person you talk to can reach you if
needed. For example, ask, “May I leave my phone number and email address to you?
You can contact me if you want to talk more about how to remove the barriers in
your restaurant.”
☐ 4. Thank the person for their time and willingness to make changes. For example,
“Thank you for being willing to make your restaurant more accessible to people
with disabilities.”
☐ 5. Make a final closing such as “Good bye” and /or “I will call you back next
week.”
If you receive a negative response from the person you speak to, follow these steps:
☐ 1. Identify the specific requests that were rejected by the person. For example,
ask questions such as, “Are you saying that you cannot widen the bathroom door at
this point?”
☐ 2. Ask why the requests were rejected. The person you speak to will probably tell
you why he or she cannot accommodate your request change when they say no to
you. However, if not, ask why. This will help you identify the barriers to your
advocacy so you can develop corresponding solutions. Ask questions such as, “Do
you mind telling me why you cannot widen the bathroom door?”
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☐ 3. Ask what alternative actions your contact person can take. Your contact person
may have his or her own ideas of how to solve the problem. Ask questions such as
“What’s your idea for making your restaurant accessible to people with disabilities?”
Decide whether the alternative actions can meet your advocacy goal and if they
comply with appropriate laws.
☐ 4. Ask for a referral if the person says he or she cannot make the decision. If the
person you speak to says that he or she cannot make any changes because someone
else is responsible for that, ask for a referral to someone who can make change. For
example, “Can you please refer me to the person who is responsible?”
☐ 5. Make a final closing such as “Good bye” or “I will call you back next week.”
3) After the phone call:
☐ A. Summarize and write down the key content of the phone call such as when it occurred,
what was agreed on and what was not, and what the action plan is.
☐ B. Write a brief letter or email to the contact person, including the summary and expressing
your appreciation for the phone call.
☐ C. Get ready to follow up or take other actions. See Chapter 8 for detailed information on
this topic.
Mark’s example
We will use Mark as an example again. This time he decides to call the restaurant
owner directly. He found the phone number of the restaurant owner, Mr. Smith, online. Here is
how this phone conversation looks like from Mark’s end.
Mark: Hi Mr. Smith. My name is Mark Post. I am a wheelchair user. I am a customer of your restaurant
and enjoyed the food of your restaurant. However, I would like to point out some structural barriers that
I would like you to consider addressing.
Mr. Smith agrees to listen.
Mark: I went to your restaurant on Gerard Avenue on March 5, and had a difficult time getting from the
parking lot to the sidewalk in front of your restaurant because there is no curb ramp. Later I was unable
to get into the restroom stall because the doorway is too narrow. It is only 27 inches wide, which is less
than what the Americans with Disabilities Act requires, at least 32 inches clear width. I talked to your
shift manager, Ms. Pam Barker, and she suggested that I contact you since you make decisions about
the building.
Mr. Smith says he was not aware of the problems.
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Mark: It is frustrating for a wheelchair user, like myself, to have several difficulties in one place of
business. These physical barriers may be causing your business to lose potential customers with
disabilities. More importantly, the lack of accessible restroom and curb ramp does not comply with the
Americans with Disabilities Act, ADA. The ADA requires that all newly constructed public
accommodations be accessible. The addition of a 1:12 ratio curb ramp, a clear doorway width of at least
32 inches and other accessibility features in the restroom will help you comply with the 2010 ADA
Standards for Accessible Design. I am happy to provide you more information about how to make your
restaurant accessible. I can meet you to review the needed changes and applicable ADA Standards,
including tax incentives that may offset the cost.
Mr. Smith agrees to make the restaurant more accessible.
Mark: Do you agree to build the curb ramp and widen the bathroom doorway to meet the 2010 ADA
Standards?
Mr. Smith confirms.
Mark: Do you mind letting me know the timeframe of making those modifications?
Mr. Smith states that he would try to make the modifications in a month from now on.
Mark: That’s great. I would like to call back and check on the progress. Is it okay to call back in a few
weeks to see how things are going?
Mr. Smith wants Mark to call back in two weeks.
Mark: Can I leave my phone number and email address to you? You can contact me if you want to talk
more about how to remove the barriers in your restaurant.
Mr. Smith takes Mark’s contact information.
Mark: Thank you very much for being willing to make your restaurant accessible to all people. I will
check back with you in two weeks. Good-bye.
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Chapter 7: Advocacy through Social Media
By E Zhang
1. What is social media and how can you use it for advocacy?
What is social media? The Cambridge Dictionary defines social media as “websites and
computer programs that allow people to communicate and share information on the internet
using a computer or mobile phone.” Social media provides highly interactive platforms through
which individuals, communities, and organizations can create, share, discuss, and modify
content online. Social media has substantially and pervasively changed the way individuals and
organizations communicate.
Some common examples of social media are Facebook, Twitter, YouTube, Instagram,
and Snapchat. Social media advocacy is the use of platforms like these to connect, inform, and
mobilize concerned people around a particular issue or cause.
Each social media platform has its unique features that allow people to share
information and communicate. It can reach and include people regardless of geographic
location and time of day. Meanwhile, it is very cost effective in terms of the level of effort
required and the amount of outreach accomplished compared to other traditional
communication methods such as face-to-face meetings or phone calls. Social media also allows
you to share information in a variety of ways: text, audio, video, and photos. In fact, photos and
videos are very powerful ways to send messages on social media. Social media, like many
technologies, helps remove many barriers with communication and creates more opportunities
to connect with others about a particular disability rights concern. Social media can enable
people with disabilities to better advocate for themselves.
2. How can you use social media for disability rights advocacy?
Advocates have used social media for different causes and issues to raise awareness, to
build relationships among people, to mobilize actions, and to change policy. Members of the
disability community have used social media to advocate for various local, state, and national
initiatives.
For example, social media advocacy played an important role in passing the Achieving
a Better Life Experience (ABLE) Act, which allows eligible individuals with disabilities to
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save up to $14, 000 per year in tax-favored accounts to meet “qualified disability expenses.7”
Sara Wolff, a woman with Down syndrome, started a petition on change.org and collected
269,257 signatures to help pass the Act, along with other advocacy efforts.
Many disability rights organizations such as Centers for Independent Living have their
own Facebook page and/or Twitter account in addition to their website. For example, ADAPT
has a Twitter following of over 14,000 as of May 2017. They used the twitter account to share
live information about their activities, such as protests of Medicaid funding cuts in D.C. and the
arrests of activists. In addition, they use social media to encourage offline activities, such as
calling or writing letters to Congress. Social media like Twitter and Facebook help get
information out to followers quickly and broadly.
As an individual with a disability, how can you use social media to be a better advocate?
You can join disability rights advocacy activities at different levels by sharing information and
speaking up. You can start by searching social media like Facebook to find others who have
similar advocacy goals and interests. For example, you might follow one or multiple local or
national disability rights organizations such as the National Council on Independent Living
(NCIL), the Association of Programs for Rural Independent Living (APRIL), ADAPT, and the
Research and Training Center on Independent Living on their social media platforms.
You can sign online petitions on websites like change.org to protest policies that may
discriminate against people with disabilities. You can also start your own social media page or
group to advocate for things that matter to you. For example, you can use social media to
organize people in your community and advocate for making the community theater accessible.
Find a disability rights cause that matters to you, and be part of it!
There are some caveats when using social media to address a specific personal
disability concern. By its design, social media can be less formal than letter writing and less
personal. Some disability rights issues may require a more personal approach, such as writing a
letter, making a phone call, or having a meeting.
7 See more information about the ABLE Act at ABLE National Resource Center,
http://www.ablenrc.org/about/what-are-able-accounts
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Let’s take Mark as an example again. Remember, as a wheelchair user, he encountered
some accessibility issues at a local restaurant. It is better for Mark to contact the restaurant
owner directly through a letter or a phone call first to address the accessibility issues than to
make a negative comment on the restaurant’s Facebook page. If the owner is not willing to
cooperate, after several attempts to address the concern, then it may be time to use social media.
For example, Mark can use Twitter to quote what the restaurant owner told him: They “just
couldn’t afford to make the bathroom stall bigger for just a few people.” Sharing your personal
experience with stories and quotes like this can attract attention from others on social media
and potentially even attract media attention (e.g., TV, newspapers) for the cause.
3. Strategies for using social media for disability rights advocacy
First, you need to choose a social media platform if you have not done so. There are
many choices of social media platforms. They share some similar features, but each has its own
niche. For example, Instagram focuses on sharing information using photos and videos. It’s
okay if you want to use multiple platforms, but it’s better to focus on one or two platforms to
better use your time and effort. In addition, it is better to start with popular platforms such as
Facebook and/or Twitter so you can potentially reach more people.
The following table (see page 72) summarizes some key features of several popular
social media platforms. If you are new to social media, this may help you find a social media
platform that you find useful.
Second, get familiar with the platforms to learn which is most useful for your needs.
Each platform has its own way of sharing information. For example, you can use hashtags (#)
in Twitter to organize and highlight the content of your posts so that other people can search
and share information it more easily.
Third, define your message and goal. Know what you want to accomplish through your
social media advocacy. Is it to raise awareness of certain disability issues? Or is it to organize
against a business that discriminates against people with disabilities? Conducting a task
analysis can help you understand your priorities.
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Summary of Social Media Platforms
Social Media
Platform Description Pros Cons
Facebook Facebook is a place to share
photos, updates, and general
news with those who follow
or “like” you; emphasis on
visuals
Go-to source of
information for
significant portion of
key audience;
Supports a wide
variety of post lengths,
marketing goals, and
content types (visual,
text-heavy, live video,
etc.)
Content only seen
by a small
percentage of
followers when it’s
first posted
Twitter Micro blogging social site
that limits posts to 280
characters
Text-based;
Use of photos;
Can link to websites
(use free sites
bitly.com or
tinyurl.com to shorten
your URL)
Can be
misinterpreted
easily because of
length limits
YouTube A platform to share videos. No limit to how many
videos you can upload
for free
Distracting
advertisements,
questionable related
video links at the
end of your video
Instagram Focuses on sharing photos
and videos (3 to 60 seconds)
with network of followers
Provides actual image
of the disability
concern; provides
evidence;
Fully integrated with
Facebook, Twitter and
other major platforms;
Unlimited photo
uploads
Optimized for
mobile viewing; not
suitable for printing
or displaying in
larger formats
Blog/Tumblr Flexible storytelling
platforms that allow you to
pull in various types of
content (photos, videos, text,
audio, etc.)
Allows for versatile
content
Hard to attract
viewers
Fourth, monitor the progress of your message. Social media can generate immediate
responses from your audience in the form of a share or a comment. Be ready and responsive to
further development of your social media advocacy, such as answering questions and updating
news of progress. You can also track social media analytics to see how many people are
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receiving and sharing your messages. Twitter and Facebook, for example, have their own
analytics platforms that show post engagement, link clicks, etc. Google Analytics is a program
that can monitor multiple websites and social media channels and Hootsuite combines the
analytics from your multiple platforms.
Finally, combine online and offline actions. Online and offline advocacy efforts can
work together to achieve your goal. You may want to share and openly speak about the need to
increase healthcare funding for mental health on social media. Meanwhile, write and call policy
makers to urge them to take actions. Ultimately, all the online efforts have to bring about
offline actions and outcomes.
4. General principles for using social media
Think carefully about what you say on social media since it can be a powerful tool.
Information can be widespread and even go viral. This is especially important when
considering privacy issues.
Be reliable. Share information from trusted sources. Write information that is factual.
Don’t exaggerate. This will help establish your credibility. Here are some questions that can
help you check the accuracy of the information you share: What is the source of the
information? Is the source of information reliable? Can you verify the information from at least
one other reputable source?
Keep the message short. People will get distracted if it’s a long message. Some social
media platforms even have limits on how many characters you can use for one post. For
example, Twitter allows 280 characters or less for a post. (The limit was originally 140
characters, but Twitter doubled it in late 2017.) Therefore, your message needs to be concise.
Use short words, sentences and paragraphs and use the active voice.
Keep the message to the point. Getting your point across with limited words is
important. Focus on the main points and state why they are important. Try to avoid rambling
about unnecessary information.
Make it visual. Photos and videos can help provide evidence to support your advocacy
effort. Use them whenever you can. For example, a picture of a wheelchair user in front of a
curb without a curb ramp is more powerful than just text. Just remember to make sure your
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message is accessible to people with disabilities. For example, add text descriptions to a photo
so that it is accessible to people with visual impairments.
Chapter 8: Follow Up
By Rajasekhar Allada, revised by E Zhang
At this point, you are likely to have a better understanding of how to conduct different
types of advocacy communication, such as writing an advocacy letter or making a phone call.
Following up on your action is almost as important as initiating it. This chapter will discuss
how you can follow up your initial advocacy action, using the example of writing advocacy
letters. To assist you with follow up, we have developed the Advocacy Response/Progress
Form (see end of this chapter). You can use this form to analyze the responses you received
and determine what you need to do to follow up.
After you have written and sent the follow-up advocacy letter, there are three possible
outcomes: 1) a positive response to address your disability concern, 2) a negative response
denying or postponing action, or 3) no response to your request.
1. What do you do when you receive a favorable response?
You may receive a response that agrees to address all of your requests. Or you might
receive a response that is vague and offers no commitments. In both cases, review and compare
your original letter and the contact person’s response carefully8. It is very important to
determine how well the contact person has responded to your questions.
Ask yourself the following questions to determine how adequately the response
addresses your original request:
Does the response correctly and completely address my concern?
• What action(s) will be taken to correct the situation?
• Who will be responsible for the action(s)?
• When will the action(s) be completed?
• Where will the person perform the action(s)?
Does the response meet minimum legal standards (e.g., accessibility codes, etc.)?
8 When reviewing your letter, check to ensure that your request for accommodation was reasonable.
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The following section will explain these questions in more detail.
1.1 Does the response correctly and completely address my concern?
To determine how well the response has addressed your concern, you need to ask
yourself four questions: what, who, when, and where?
1) What action(s) will be taken to correct the situation?
If the intended reader(s) or the agency have made commitments to take certain actions
to meet your request, list each action clearly in the blank space labeled “Positive response” on
the Advocacy Response/Progress Form (at the end of the chapter). List the responses to each
action if you have more than one request. Use a different form for each of the actions if needed.
This will help you be more organized and allow for an easier follow-up later.
The responses about taking action may not be the same as what you requested. Write
down the exact actions the intended reader plans to take so you can tell whether there is any
gap. Now you have a list of the actions to which the business or organization has indicated it
will or will not respond. Look at the list of the actions to see if and how much of your request
will likely be fulfilled. You have to determine what is realistic and what is non-realistic. You
are the final judge of which follow-up strategies to pursue. If you feel that the response does
not satisfactorily meet your request, and that the request is reasonable, then follow-up again
and advocate for more appropriate changes.
2) Who will carry out the action(s)?
In response to your requests for specific actions, identify who will complete each of
these actions. Sometimes, the contact person will not give specific names of who will carry out
the actions. It is very important to secure the name of a person at the highest level of authority
who has responsibility for overseeing the actions so you can monitor the progress. Otherwise,
you might find yourself getting the run-around each time you try to contact a person to find out
what progress has been made. Along with the person’s name, request the correct title and
contact information for this individual. In your follow up contact, you can ask questions such
as, “Can you please let me know who is going to carry on the proposed plan so I can contact
him or her for updates?”
3) When will the action(s) be completed?
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Write down the date that the action is supposed to be completed. You can then prompt
the organization to take the promised actions if the agreed-upon date passes without any
progress. If you initiate follow-up too early, the agency may feel that you are being pushy and
aggressive. If you initiate follow-up too late, you might be losing valuable time and a window
of opportunity. If you don’t feel that the agent of the business or organization has a clear
timeline for addressing your concern, ask the agent directly. This will show your commitment
to resolving the concern and help hold the agent of change accountable.
4) Where will the action take place?
The final piece of necessary information is where the action will take place. In some
cases, the place of the action is very important. For example, if a disability rights concern is
found to exist in multiple branches of a big company, it is important that the company makes
changes to all the related branches. If that place is accessible to you, you can monitor the
progress directly. For example, Mark can check on the entrance and bathroom modifications
that Mr. Smith promised as he lives close to the West Side Diner.
By now, you have a clear understanding of the details of the response. You have been
able to analyze what and how much of your request will be addressed based on the response.
You now know how well the response will address your concern.
1.2 Does the response meet minimum legal standards?
Although the agent of change may propose something to address your concern, you
always have to check the quality of the plan. The bottom line is that the plan needs to meet
specified minimum legal standards9. The agent must comply with federal, state, county, and
local legal minimum standards regarding covered disability concerns. Use the requirements of
federal, state and local laws and regulations that cover people with disabilities to set your goals
for change. Some agencies may not know about the minimum legal standards, so you might
have to educate them by sharing information and resources such as the 2010 ADA Standards
for Accessible Design, a particular regulation, or published guidance from the applicable
enforcement agency (e.g., US Dept. of Justice, US Dept. of Housing and Urban Development).
9 Legal requirements do not necessarily meet all the needs of people with various disabilities. When you encounter
a disability rights concern of this nature, it might help to appeal to common sense and emphasize the potential
benefits of the change to the wider community.
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Once you have answered these questions, you will better understand the content of the
response you have received.
2. What do you do when you receive a negative response, denying or
postponing your requested action?
When you receive a response that does not meet your request, determine what action
needs to be taken to correct the problem. The organization may have some internal or external
barriers that prevent it from being able to carry out your request. So, ask yourself the following
questions to understand the reasons for the denial:
What requested action was denied?
Who was unable to carry out the requested action?
Why was the requested action denied?
Can the person carry out any alternate actions for you?
2.1 What requested action(s) was denied?
If the requested action(s) was not addressed, find out why. In the Advocacy
Response/Progress Form (at the end of this chapter), fill out the requested actions and the
reasons why the agents said they would not complete the actions. Frequently, organizations
will give you a negative response even if only one part of the requested action cannot be
completed. Find out more about the nature of your denied request so that you can develop
follow up strategies and approaches to continue advocating with the organization.
2.2 Which person was unable to carry out the requested action?
When you receive a negative response, identify who made the decision and what
position they have within the organization. If you know the person’s name who denied the
request, write down any relevant information about the person for later contacts with him or her,
or with their supervisor. This person could be the same one from whom you requested action,
or it could be another person in the organization. In some cases, your request will be denied at
the support staff level and not reach the administrative staff level. If this occurs, follow through
again to appeal the decision to someone at a higher level of responsibility.
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Since corrective actions can take a long time, especially when they are initially denied,
be thorough when filling out the form to help you track the responses to your disability concern.
This will allow you to access the information at a later time, rather than relying on memory
2.3 Why was your requested action denied?
In all cases, the person should have a reason for not being able to complete the action.
Assess the nature of the reason and write it down on the Advocacy Response/Progress Form (at
the end of this chapter). When you revise your action letter for the next stage of follow up, you
need to justify your requests by providing counter responses to the reason they have given for
denial.
2.4 Can the person carry out any alternate actions for you?
If the denial is explained carefully with reasons, look for an alternate action to propose.
You may find the business to be very cooperative and the person in charge may even offer
suggestions or alternate actions to correct the situation. Alternate actions can be found through
mediation,10 where both parties attempt to create a win-win solution. Both sides may need to
compromise. Don’t be surprised if you get this kind of a response, in which the agent suggests
an action different from your request. Review the suggestions carefully and consider whether
the suggested alternate action is acceptable. Agree to the ones you think are appropriate. In
some cases, the suggested alternate actions could be very innovative and reasonable, while
others might be discouraging. There are some disability rights and principles which you cannot
compromise on, such as discrimination. Hold fast to them! In addition, it is wise to think
beyond yourself when considering the proposed plans. An alternate action may be adequate for
you but not for other people with disabilities. Be cautious if the organization or business only
wants to make a special accommodation for you. Their action should also address the concern
as it relates to other individuals with disabilities.
3. What do you do when you receive no response?
Waiting for a response may be one of the toughest aspects of the whole process of
advocacy. You are unsure whether the organization will honor the request or whether your
request will get placed on the back burner and eventually forgotten. Factors that affect this
10 Many federal and state enforcement authorities offer mediation as a way of trying to resolve a dispute after
receiving a formal complaint, at no cost to the parties if both sides agree to participate.
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include the nature and complexity of the problem you address, the number of people involved,
the strength of your stated case, the potential legal consequences for the organization, and the
organization’s structure and resources. For example, a Fortune 500 company will have greater
resources to address a disability-related concern than a locally owned “mom and pop” store.
If all these factors are in your favor, the whole process might just take days to weeks.
On the other hand, you might find yourself engaged in the advocacy process for several months
or even years. In some cases, the organization will try to wait it out to see if you will lose
motivation and interest and drop the request. You have already put a lot of time and effort into
a very important issue. You must decide whether you wish to stick with it and pursue a
resolution to your concern. Your action could potentially affect many people with disabilities,
in addition to yourself. If you do not receive a response to your request, ask yourself the
following questions:
How long should I wait before following up with a letter or a phone call?
Whom should I contact when making the follow-up letter or phone call?
Who can help me take action if I am not getting any response?
How and why do I need to monitor and track the actions (or inactions) that occur?
3.1 How long should I wait before following up with a letter or a phone call?
The best way to determine if you are ready to follow up with a letter or a phone call is
to consider the type of request you’re making. If the request is a simple one, you should
probably wait only a few days. If the request is large and complex, you should still expect to
receive a response (by letter, email or phone) that acknowledges your original letter. However,
you may have to wait a few months for the organization to plan and execute a course of action.
Sometimes it’s a good idea to send a registered or certified letter so you know for sure whether
or not the intended reader received your letter. It is also acceptable to call them periodically to
check on the progress of your request.
3.2 Whom should I contact when sending the follow-up letter or making a phone call?
It is best to approach the person to whom you have written the letter regarding your
concern. He or she would be best able to advise you on the status of your request. If your
request has been directed to someone else, he or she can advise you of that person’s name and
contact information.
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3.3 Who can help me take action if I am not getting any response?
Depending on the type of problem you are encountering, many different people can
help you if you reach a dead end. One of the best sources of help may be your local disability
rights organizations, such as Centers for Independent Living (CILs). CIL staff are equipped to
advise you in your advocacy efforts. They may even agree to assist you. Agencies such as
Vocational Rehabilitation and the Client Assistance Program may also be of help to you. An
authoritative figure or established organization can sometimes add power to a request.
Other potential helpers include personnel higher up in the organization, government
officials, disability rights advocates, consumer protection agencies, and local human relations
departments. Recruiting additional support can increase the likelihood of your success. Another
strategy is to get a group of consumers to write letters on the same issue, creating power in
numbers. You can also use the power of social media to break the silence if necessary. Find out
whether the organization from which you want a response has social media accounts, such as
Facebook or Twitter. Then post about your concern and your letter on their accounts, and urge
them to respond to your request.
4. Conclusion
4.1 Track progress
Because you have determined that this issue is important to you and because you have
already devoted time to the problem, it is very important to carry out each step in a professional
manner. This will increase your likelihood of achieving your goal. Monitoring and tracking the
actions that occur will keep you organized and well informed. Again, the Advocacy
Response/Progress Form at the end of this chapter will assist you in tracking progress on your
concern.
4.2 Self care
Advocacy takes time, energy, resources, and courage. This process can take months to
years to see changes. Sometimes it can be frustrating when it feels like someone isn’t listening
to you or respecting your rights as a person with a disability. This frustration can be even
bigger if you are advocating for system changes over which you don’t have a lot of direct
influence. Also you may encounter people who get mad at you and think you are a
troublemaker. This is where it can be helpful to practice self-care as an advocate.
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Be realistic about how much time it may take to advocate for your cause. Prepare for
the time and resources you may need to put in to avoid being taken by surprise.
Identify allies and ask for help. It is important to build a sense of community, a group of
people around you who respect you and your fight for disability rights. You can find
allies through both online and offline efforts. Share your progress and frustrations with
people who can understand you and help you troubleshoot. If you are new to advocacy,
you might try to find an experienced advocate to be your mentor, a person who can
guide you through the potential confusion and frustration.
Take time to step away from the issue if you need to clear your head. If you feel
stressed out, you can always take some time off from advocacy and take care of
yourself. Do things that help you relax and refresh, and come back to be an even
stronger advocate.
Celebrate small successes. Use the Advocacy Response/Progress Form to track the
success and barriers you encounter, and celebrate your successes, even small ones.
Enjoying success will help you stay motivated to take the next step and reach the
ultimate advocacy goal. Even if there are not any small successes, celebrate finding
your voice and practicing your skills so that your next advocacy effort will be more
successful.
To summarize, remember to be very organized and prompt about each step you take.
The skills outlined in this section can be developed or improved utilizing the guidelines
provided. They will strengthen and increase your effectiveness as an advocate, and as a
member of the larger disability community. Go for it!
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Advocacy Response/Progress Form
Disability concern:
Date and form of contact (e.g., letter, phone call, social media):
People you contacted and contact info. (e.g., name, title, organization, address, email and
phone number):
Action requested:
Positive Response (suggested action #1):
What action or part of the action will be addressed:
Who will carry out the action, including contact of the person:
When will the action take place (timeline):
Where will the action take place:
Positive Response (suggested action #2):
What action or part of the action will be addressed:
Who will carry out the action, including contact of the person:
When will the action take place (timeline):
Where will the action take place:
Negative Response (suggested action #1):
What action or part of the action was denied:
Which person was unable to carry out the action:
Why was the request denied:
Are there alternative actions:
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Negative Response (suggested action # 2):
What action or part of the action was denied:
Which person was unable to carry out the action:
Why was the request denied:
Are there alternative actions:
Progress notes:
Date:
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Chapter 9: Facts and Figures
By Kenneth J. Golden and Richard Thomson, revised by E Zhang
The material in this chapter was gathered from many sources, including original laws,
and simplified. We have removed legal jargon whenever possible. The laws addressed are:
The Americans with Disabilities Act (ADA)
The Fair Housing Amendment Act (FHAA) of 1988
The Rehabilitation Act Amendments of 1992
The Air Carrier Access Act (ACAA)
The Individuals with Disabilities Education Act (IDEA)
The Developmental Disabilities Assistance and Bill of Rights Act (DD Act)
We have also provided information concerning Home and Community-Based Services
(HCBS) Programs and Social Security’s Plans for Achieving Self Support (PASS). This
information is intended to help you get a general understanding of what the laws are.
References to more detailed information are provided so you can research further on your own.
Common Disability Rights
Concern Areas
Federal Laws That May
Apply
Federal Agency Responsible
for Enforcement
Employment ADA, Rehabilitation Act
Section 501, Rehabilitation
Act Section 503
Equal Employment
Opportunity Commission
(EEOC) Department of Justice Department of Labor:
Office of Federal Contract
Compliance Programs
(OFCCP)
Civil Rights Center
Education ADA, IDEA, Rehabilitation
Act Section 504
Department of Education
Department of Justice
Government services and
programs
ADA, DD Act,
Rehabilitation Act
Department of Justice
Federally funded facilities Architectural Barriers Act United States Access Board
Housing Fair Housing Act Department of Housing and
Urban Development
Department of Justice
Public accommodations and
commercial facilities (e.g.,
access to buildings and
businesses)
ADA Department of Justice
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Telecommunications access ADA, Telecommunications
Act, Rehabilitation Act
Section 508
Federal Communications
Commission (FCC)
Transportation ADA, Air Carrier Access
Act
Department of Transportation
(DOT):
Office of Civil Rights
Aviation Consumer Protection
Division
Again, the more familiar you are with the laws that protect you, the stronger your
personal advocacy skills will become. While the following overviews will familiarize you with
the laws, it would benefit you greatly to access the original law and read it or to consult with
someone more familiar with it, such as an experienced advocate. Chapter 10 will provide you a
list of organizations that you can contact for more resources on disability rights laws and
advocacy.
1. The Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) prohibits discrimination against people
with disabilities in employment, local and state government programs, services, public and
private transportation, public accommodations and telecommunications services. To be
protected by the ADA an individual must have a disability, which is defined as a physical or
mental impairment that substantially limits one or more major life activities11, a person who
has a history or record of such impairment, or a person who is perceived by others as having
such impairment. The ADA was revised under the ADA Amendments Act of 2008. The
following information will highlight the important points of each of the three titles, or sections,
of the ADA. Please click ADA. gov for the latest information including the current ADA
regulations, the 2010 ADA Standards for Accessible Design, and technical assistance materials
from the website. You can also call the ADA Information Line (800-514-0301 (voice);
11
Under the ADAAA, “major life activities” is expanded to include “major bodily functions.” Specifically, the
ADAAA provides that:
Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing,
eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking,
communicating, and working.
Major bodily functions include, but are not limited to, functions of the immune system, normal cell growth,
digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
88
800-514-0383 (TTY)) or contact your regional ADA Center (https://adata.org/find-your-region)
for assistance.
Title I: Employment
Title I’s employment provisions apply to private employers, state and local governments,
employment agencies, and labor organizations.
Businesses that have 15 or fewer employees are exempt from ADA Title I. However, some
state and local laws may be more stringent than the ADA.
The ADA prohibits discrimination in all hiring practices, including job application
procedures, hiring, firing, advancement, compensation, training, and other terms, conditions,
and privileges of employment.
Employment discrimination is prohibited against “qualified individuals with disabilities.”
The law protects people who have a physical or mental impairment that substantially limits
at least one major life activity (e.g., such as walking, seeing, hearing, speaking, breathing,
learning, working, doing manual tasks, caring for oneself), have a record of such
impairment (e.g., doctor’s records noting the disability, such as HIV/AIDS), or are regarded
as having an impairment (e.g., a person with a severe facial disfigurement). The ADA
Amendments Act of 2008 provided additional regulations to clarify “that the definition of
disability should be construed in favor of broad coverage of individuals to the maximum
extent permitted by the terms of the ADA and generally shall not require extensive
analysis.” ( See U. S. Equal Employment Opportunity Commission:
https://www.eeoc.gov/laws/statutes/adaaa_info.cfm.)
A "qualified individual with a disability" is an individual who meets legitimate skill,
experience, education, or other requirements of an employment position that they hold or
seek, and who can perform the “essential functions” of the position with or without
reasonable accommodation. “Essential functions” assures that an individual with a
disability will not be considered unqualified simply because of inability to perform
marginal or incidental job functions. A written job description prepared in advance of
advertising or interviewing applicants for a job can be considered as evidence, although not
conclusively, of the essential functions of the job.
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An employer does not have to give preference to a qualified applicant with a disability over
other applicants.
An employer may not ask or require a job applicant to take a medical examination before
making a conditional job offer. In such situations, the medical examination would be
required of everyone being considered for that particular job.
An employer cannot make any pre-employment inquiry about a disability or the nature or
severity of a disability.
An employer can ask questions about the ability to perform specific job functions and may,
with certain limitations, ask an individual with a disability to describe or demonstrate how
they would perform these functions.
If a person is not hired because a post-offer medical examination or inquiry reveals a
disability, the reasons for not hiring must be job related and consistent with business
necessity. The employer must show that no reasonable accommodation could be made, that
the accommodation would impose an undue hardship, or that the individual would impose a
“direct threat” in the workplace (e.g., a significant risk of substantial harm to the health or
safety of the individual or others).
An employer is required to make reasonable accommodations for all qualified applicants or
employees with a “known” disability unless doing so would impose an undue hardship on
the employer.
Reasonable accommodations are any modifications or adjustments to a job or work
environment that will enable a qualified applicant or employee with a disability to
participate in the application process or perform essential job functions.
Employees with disabilities shall be afforded or given equal access to whatever health
insurance coverage the employer provides to other employees. Employers do not have to
offer additional or extra coverage and they are not responsible for pre-existing condition
clauses even if they adversely affect individuals with disabilities.
Employers must post a notice describing the provisions of the ADA. It must be made
accessible in alternate formats, as needed, for individuals with disabilities.
All employment discrimination charges must be filed with the Equal Employment
Opportunity Commission within 180 days of the alleged discriminatory act.
Title II: State and Local Governments
Title II of the ADA prohibits discrimination against qualified individuals with disabilities in
all programs, activities, and services of public entities. It applies to all state and local
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governments, their departments and agencies, and any other instrumentalities or special
purpose districts of state or local governments.
A state or local government must eliminate any eligibility criteria for participation in
programs, activities, and services that screen out or tend to screen out persons with
disabilities, unless it can establish that the requirements are necessary for the provision of
the service, program, or activity.
The state or local government must perform a self-evaluation and develop a transition plan
with input from people with disabilities, to make any changes or improvements needed to
ensure equal opportunities to participate in programs, activities, and receive services.
The state or local government may adopt legitimate safety requirements necessary for the
safe operation if they are based on real risks, not on stereotypes or generalizations about
individuals with disabilities.
A public entity does not have to make a modification of its service if it can demonstrate that
the modification would fundamentally alter the nature of the service, program, or activity.
All public entities are prohibited from discriminating in employment against qualified
individuals with disabilities. ADA Title I regulations apply to public entities.
A public entity must ensure that individuals with disabilities are not excluded from services,
programs, and activities because existing buildings are inaccessible. If the facilities are not
accessible, they have several options open including: altering existing facilities, acquiring
or building new facilities, relocating a service or program to an accessible facility, or
providing services at alternate accessible sites.
All structural changes needed to make a program accessible should be made as
expeditiously as possible, but no later than January 26, 1995.
All new buildings constructed by a state or local government must be accessible. Any
alterations or renovations to existing facilities must make the altered portions accessible.
State and local agencies that provide emergency telephone services must provide “direct
access” to individuals who rely on TDD or computer modem for telephone communication.
A separate seven-digit line for the exclusive use of non-voice callers in addition to
providing direct access for such calls to its 911 line will be permitted.
Telephone emergency services are only required to be compatible with the Baudot Format
(the first widely used binary character encoding).
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Title III: Public Accommodations
A public accommodation is a private entity that owns, operates, leases, or leases to, a place
of public accommodation. Places of public accommodation include a wide range of entities,
but must fall in one of the following 12 categories: places of lodging, establishments
serving food or drinks, places of public gathering, sales or rental establishments, service
establishments, stations used for specified public transportation, places of public display,
places of exhibition or entertainment, places of recreation, places of education, social
service centers, and places or exercise of recreation.
Both landlords and tenants are subject to the Title III regulations and should allocate
responsibility for compliance in their lease or contract.
Commercial facilities (e.g., factories, warehouses, office buildings and wholesale
establishments) must comply with the requirements for new construction and alterations.
Private clubs and religious organizations are exempt from public accommodation
requirements, except in cases where the facilities are used for events or services open to the
general public, such as for bingo games or day care.
A public accommodation may not discriminate against a person with a disability by
refusing service or denying participation in an activity. Services, goods, and activities must
be provided in the most integrated setting possible. Individuals with disabilities cannot be
required to accept separate or special services.
Physical barriers in existing facilities (built before the ADA) must be removed if removal is
readily achievable (i.e., can be easily accomplished and carried out without much difficulty
or expense).
Barrier removal process should follow these priorities to increase accessibility: 1) access to
the facility; 2) access to the area in which goods and services are available; 3) access to
restroom facilities; and 4) other necessary measures.
Examples of steps to remove barriers include the following actions: providing accessible
parking spaces; installing curb ramps or ramps at entrances, widening doors, installing
accessible door hardware, and removing high-pile, low-density carpeting; positioning
shelves, display racks, and furniture to provide access to goods and services; installing
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accessible signage; installing visible and audible alarms; designing toilet stalls with
increased space, grab bars, and accessible height toilets; installing sinks with accessible
faucets and adequate knee clearance; and making at least one dressing room in clothing
stores accessible.
Public accommodations must provide an alternative method of providing services and
goods if they cannot remove barriers and if the alternatives are readily achievable (e.g.,
curb service, home delivery, a clerk to retrieve merchandise from an inaccessible location).
Public accommodations must provide auxiliary aids and services to ensure effective
communication with individuals with disabilities, unless it can be proven to be an undue
burden.
The title III regulation was again revised on November 21, 2016, when Attorney General
Loretta Lynch signed a Final Rule that further clarified a public accommodation’s
obligation to provide appropriate auxiliary aids and services for people with disabilities.
The final rule provides that public accommodations that own, operate, or lease movie
theaters are required to provide closed movie captioning and audio description whenever
showing a digital movie that is produced, distributed, or otherwise made available with
these features.
Public accommodations are not required to provide personal devices such as wheelchairs,
individually prescribed devices such as prescription glasses or hearing aids, or personal
services, including assistance with eating or dressing.
Public accommodations are not required to alter their inventory to include accessible goods,
unless it makes special orders in its normal course of operation.
Modifications in policies, practices, and procedures must be made where necessary to avoid
discrimination. For example, public accommodations that do not permit animals generally
must modify that policy to allow people with disabilities to use service animals.
o Beginning on March 15, 2011, only dogs are recognized as service animals under
Titles II and III of the ADA.
o A service animal is a dog that is individually trained to do work or perform tasks for
a person with a disability.
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o Generally, Title II and Title III entities must permit service animals to accompany
people with disabilities in all areas where members of the public are allowed to go.
o This definition does not affect or limit the broader definition of “assistance animal”
under the Fair Housing Act or the broader definition of “service animal” under the
Air Carrier Access Act.
o The miniature horse is not included in the definition of service animal; however, the
new ADA regulations contain a specific provision about miniature horses.
Businesses must make reasonable modifications in policies, practices, or procedures
to permit the use of a miniature horse by an individual with a disability if the
miniature horse has been individually trained to do work or perform tasks for the
benefit of the individual with a disability.
All new construction in public accommodations and commercial facilities must be
accessible. Elevators are not required in buildings under three stories or with fewer than
3,000 square feet per floor, unless the building is a shopping center, mall, professional
office of a health-care provider or a transportation terminal or depot.
Alterations in public accommodations and commercial facilities begun after January 26,
1992, must be accessible.
All design and construction of new facilities or alterations in existing facilities must comply
with the 2010 ADA Standards for Accessible Design or previous ADA Accessibility
Guidelines that were applicable at the time of construction.
Public accommodations that provide transportation services must acquire vehicles that are
accessible to people with disabilities unless they can demonstrate that the transportation,
when viewed as a whole, is accessible.
Rail systems must have one accessible car per train by July 26, 1995.
Main stations offering rapid, commuter and light rail services must be made accessible
(time extensions may be granted up to the year 2020).
Intercity rail stations must be accessible by July 26, 2010.
Remodeled areas of transportation facilities must be made accessible.
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Paratransit transportation services must be provided in certain cases to the individual (e.g.,
a person who cannot get to a bus stop might require door- to-door service).
All public buses and rail cars purchased or leased after August 26, 1990, must be accessible
to people with disabilities.
Privately owned buses purchased or leased after July 26, 1996, must be accessible.
All new transportation facilities (e.g., bus and rail stations, depots) must be accessible.
2. The Fair Housing Act
The Fair Housing Act prohibits discrimination in housing because of disability, race,
national origin, religion, gender, or familial status. This Act covers most types of housing
except for: 1) buildings with no more than four units in which the landlord resides; 2) single
family housing sold or rented without the use of a broker, unless the owner owns or has an
interest in more than three additional single family houses at a time; and 3) housing operated by
organizations or private clubs that limit occupancy to its members. Click “What ‘Fair Housing’
Means for People with Disabilities” for more detailed information.
The Act prohibits the following practices in the sale or rental of housing:
Refusing to rent or sell housing.
Refusing to negotiate for housing.
Making housing unavailable.
Denying a dwelling as available, when it really is.
Setting different terms, conditions, privileges for sale or rental of dwelling.
Providing different services or facilities.
Falsely denying that housing is available for sale or rental.
The Fair Housing Act also prohibits discriminatory practice in mortgage lending such as:
Refusing to make a mortgage loan.
Refusing to provide information concerning loans.
Imposing different terms on a loan.
Discriminating in appraising property.
Refusing to purchase a loan.
Setting different terms or conditions for purchasing a loan.
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Additionally, no one may threaten, coerce, intimidate, or interfere with anyone exercising a
fair housing right or assisting others who exercise that right. No one may advertise or make any
statement that indicates a limitation based on disability, race, national origin, religion, gender,
or familial status.
Persons with disabilities have additional protection if you or someone associated with you:
Have a physical or mental disability that substantially limits one or more life activities.
Hav" a record of such a disability.
Are regarded as having such a disability.
A housing provider may not ask you questions about your disability, ask you for general
information about yourself, such as whether “it is all right for you to be living alone,” or
ask any questions that are not asked of non-disabled applicants.
Reasonable modifications:
You have a right to make reasonable accessibility modifications to your dwelling or
common use areas, at your expense. However, you may have to agree to restore the
property to its original condition when you move. This applies to housing not covered by
Fair Housing Act new construction requirements.
Reasonable accommodation:
Housing providers must make reasonable accommodations in their rules, policies,
practices, or services when needed to give a person with a disability an equal opportunity to use
and enjoy a dwelling unit or common space. Here are some examples of reasonable
accommodations:
A landlord with a “first come, first served” parking policy makes an exception by creating a
reserved parking space for a tenant who has difficulty walking and needs to park close to
the building.
An apartment manager agrees to call or visit when the rent is due to remind a person with
an intellectual disability to pay the rent.
A landlord modifies or makes an exception to the building's “no pets” rule for people with
disabilities who use assistance animals, service animals, therapeutic or emotional support
animals.
A landlord may require applicants or residents to pay a pet deposit, but they may not
require applicants and residents to pay a deposit for an assistance animal.
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o Assistance animals are sometimes referred to as "service animals," "assistive
animals," "support animals," or "therapy animals." An assistance animal is not a pet.
It is an animal that works, provides assistance, or performs tasks for the benefit of a
person with a disability, or provides emotional support that alleviates one or more
identified symptoms or effects of a person's disability. For purposes of reasonable
accommodation requests, neither the Fair Housing Act nor Section 504 requires an
assistance animal to be individually trained or certified. See more information about
service animals and assistance animals under the Fair Housing Act
(https://portal.hud.gov/hudportal/documents/huddoc?id=servanimals_ntcfheo2013-
01.pdf).
Requirements for new buildings:
1) Buildings that are ready for first occupancy after March 13, 1991, with four or more units
and an elevator are required to have:
Public and common areas accessible to persons with disabilities.
Doors and hallways must be wide enough for wheelchairs.
All dwelling units must have: 1) an accessible route to and through the unit, 2)
accessible light switches, electrical outlets, thermostats, etc., 3) reinforced bathroom
walls to allow grab bar installation if needed, and 4) kitchens and bathrooms that can be
used by wheelchair users.
2) Buildings ready for first occupancy after March 13, 1994 that have four or more units, but
no elevator, must have the accessible features in all of the ground floor units and in public
and common areas.
Unless a building or a community qualifies as housing for older persons, it may not
discriminate based on familial status (one or more children under the age of 18 living with a
parent or legal custodian).
However, housing for older adults is exempt from this prohibition and may discriminate
against familial status if the housing: 1) is specifically designed for elderly persons and is
under a federal, state, or local program, 2) is occupied solely by persons who are 62 or
older, or 3) houses at least one person who is 55 or older in at least 80 percent of the
occupied units; has significant services and facilities for older persons; and adheres to a
published policy of housing only older adults who are 55 or older.
If you think your rights have been violated:
You may file a complaint with the U.S. Department of Housing and Urban
Development (HUD). However, you have only one year after the alleged violation to file the
complaint. So file as soon as possible. For detailed information or to file a complaint online,
please click this link to HUD: Fair Housing – It’s Your Right.
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Before you contact HUD, make sure that you have the date(s) of the alleged violation and a
description of the violation.
You can file a complaint via the internet, mail, or telephone:
Internet: HUD Form 903 Online Complaint
Mail: Send the HUD Housing Discrimination Complaint Form to the HUD regional
office that is nearest to you. Look up your nearest regional office by clicking this link to
Fair Housing Regional Offices.
Call: 1-800-669-9777; 1-800-927-9275 (toll-free TTY)
When you file your complaint, it is illegal for anyone to coerce or threaten you so that you
will drop the complaint. HUD may authorize the Attorney General to issue temporary relief.
HUD will notify you when it receives your complaint.
HUD will investigate your complaint and may refer your complaint to a state or local
agency that must work on it within 30 days after receiving it. You may be offered
mediation as a way to try and resolve the complaint.
If your complaint results in an administrative hearing or goes to federal district court, there
is no cost to you.
3. Rehabilitation Act Amendments of 1992
Title I (the Basic Program of Vocational Rehabilitation Services) must be carried out in a
manner consistent with the following principles, among others:
Individuals with disabilities, including individuals with the most severe disabilities, are
generally presumed to be capable of engaging in gainful employment in integrated settings.
Individuals must be active participants in their own rehabilitation programs, including
making meaningful and informed choices about the selection of their vocational goals,
objectives, and services.
Accountability measures must facilitate and not impede the accomplishment of the program.
Eligibility:
In general, an individual is eligible if he or she is an individual with a disability
(determined under Titles II and XVI of the Social Security Act or by other agencies) and
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requires vocational rehabilitation services to prepare for, enter into, engage in, or retain
gainful employment.
It is presumed that an individual can benefit from vocational rehabilitation services unless
the designated state agency can demonstrate, by clear and convincing evidence, that such
an individual is incapable of benefiting in terms of an employment outcome.
The state agency must make eligibility determinations within 60 days, unless exceptional
and unforeseen circumstances exist that are beyond the control of the state agency, and the
individual agrees with the extension or an extended evaluation is required.
Individualized Written Rehabilitation Program (IWRP)
When a determination has been made that an individual is eligible, the state agency must
complete a comprehensive assessment (goals, objectives, and services that are to be
provided).
The IWRP must be jointly developed, agreed upon, and signed by the agency and the
individual.
The IWRP must be designed to achieve the employment objectives of the individual,
consistent with his or her strengths, priorities, abilities, and capabilities. The IWRP must
include: statement of goals and objectives (including intermediate), specific services to be
provided, an evaluation procedure, terms and conditions under which goods and services
are provided, identification of those that will provide the services, and a statement by the
individual in his or her words describing how he or she was informed about and involved in
choosing among alternative goals, objectives, services, service providers, and the methods
used to provide or procure such services.
The IWRP must provide reasons an individual is no longer eligible and the rights and
remedies available to the individual.
The individual must be provided with a copy and any attached amendments.
Services from a Client Assistance Program (CAP) are available to consumers of vocational
rehabilitation services in each state. CAP staff are familiar with federal and state vocational
rehabilitation regulations, and can serve as information providers and advocates for those
wanting to access vocational rehabilitation services. Vocational rehabilitation counselors
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must provide consumers with information on the CAP agency serving that consumer's area.
This information can also be obtained from an independent living center.
When a determination has been made that an individual is eligible, the state agency must
complete a comprehensive assessment (goals, objectives, and services that are to be
provided).
The IWRP must be jointly developed, agreed upon, and signed by the agency and the
individual.
The IWRP must be designed to achieve the employment objectives of the individual,
consistent with his or her strengths, priorities, abilities, and capabilities. The IWRP must
include: statement of goals and objectives (including intermediate), specific services to be
provided, an evaluation procedures, terms and conditions under which goods and services
are provided, identification of those that will provide the services, and include a statement
by the individual in his or her words describing how he or she was informed about and
involved in choosing among alternative goals objectives, services, service providers, and
the methods used to provide or procure such services.
The IWRP must provide reasons an individual is no longer eligible and the rights and
remedies available to the individual.
The individual must be provided with a copy and any attached amendments.
Services from a Client Assistance Program (CAP) are available to consumers of vocational
rehabilitation services in each state. CAP staff are familiar with federal and state vocational
rehabilitation regulations, and can serve as information providers and advocates for those
wanting to access vocational rehabilitation services. Vocational rehabilitation counselors
must provide consumers with information on the CAP agency serving that consumer's area.
This information can also be obtained from an independent living center.
4. Air Carrier Access Act
In 1986, Congress passed the Air Carrier Access Act (ACAA), enabling people with
disabilities to receive consistent and nondiscriminatory treatment when travelling by air. The
law established that no air carrier shall discriminate against any otherwise qualified individual
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with a disability, by reason of disability alone, in the provision of air transportation. This
section highlights some of the important items in this law.
4.1 Aircraft Accessibility
New aircraft ordered after April 5, 1990, or delivered after April 5, 1992, must achieve a
higher degree of accessibility than those previously in service. Aircraft in service as of
April 5, 1990, are not required to be retrofitted, but any aircraft that undergoes replacement
of cabin interior elements, lavatories, or seats must meet these requirements.
Aircraft with 30 or more passenger seats will have movable armrests on at least one half of
aisle seats, which will be made available to passengers with mobility impairments.
Aircraft with 100 or more passenger seats shall have a priority space in the cabin for
stowage of at least one folding wheelchair.
Aircraft with more than one aisle must have at least one accessible lavatory.
Aircraft with more than 60 passenger seats with an accessible lavatory will carry an on-
board wheelchair.
Aircraft with more than 60 passenger seats will have an on-board wheelchair available on
request for access to an inaccessible lavatory.
4.2 Air Carrier Policies
Carrier personnel may not refuse transportation to any passenger with a disability except on
the basis of safety, nor may they limit the number of passengers with disabilities on a flight.
A carrier may require up to 48 hours advance notice and one hour advance check-in ONLY
for the following reasons:
o Transportation for an electric wheelchair on an aircraft with fewer than 60 seats.
o Provision by the carrier of hazardous materials packaging for a wheelchair battery.
o Special situations or accommodations (e.g., oxygen, incubator, hook-up for
respirator or accommodation for a passenger who must travel by stretcher).
o Accommodation for a group of ten or more individuals with disabilities travelling as
a group (e.g., a sports team).
o Provision for an on-board wheelchair on an aircraft without an accessible lavatory.
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Carriers may not require a passenger to travel with an attendant except in very limited
circumstances. If the airline requires the use of an attendant despite the individual’s
objection, it may designate the attendant but cannot charge for his or her transportation.
Carriers may not exclude any qualified individual with a disability from any seat except in
order to comply with FAA safety regulations.
Service animals shall be permitted to accompany the passenger on the flight. If a service
animal cannot be accommodated at the passenger’s assigned seat, the carrier shall offer to
move the passenger to an alternative seat that can accommodate the animal.
Carriers shall provide assistance to passengers with disabilities in boarding, deplaning,
making flight connections, and transporting between gates.
Personnel on aircraft with less than 30 seats that cannot accommodate lifts or boarding
chairs are not required to hand carry a passenger onto the plane.
Assistance with eating, medical services, or in the bathroom is not required.
Passengers using personal ventilators or respirators are permitted to use their own
equipment on board the aircraft.
Assistive devices may be stored in overhead compartments and under seats consistent with
carry-on baggage rules. If a passenger chooses to pre-board and the on-board stowage area
will accommodate a collapsible wheelchair, the passenger’s wheelchair may be stored with
priority over other passengers’ carry-on baggage.
Wheelchairs and other assistive devices will be checked and returned as close as possible to
the door of the aircraft and have priority over other luggage in the baggage compartment.
Battery-powered wheelchairs shall be accepted as baggage where compartment size permits.
Batteries are not to be separated from wheelchairs unless necessary to meet DOT hazardous
materials rules. Carriers will provide battery packaging upon request.
Assistive devices are to be returned to the passenger in the same condition in which they
are received. Airlines cannot require an individual to sign a waiver for damage or loss of
wheelchair or assistive device, nor can they limit liability to less than twice the liability
established for lost or damaged luggage.
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Carriers shall furnish any general information provided within the terminal to passengers
with disabilities, including those with vision or hearing impairments. Carriers shall make
available on request information about the ACAA regulations and the accessible features or
limitations of the aircraft.
Carriers shall make available, without charge, a TTY during the same hours telephone
service is available to the general public.
Safety briefings shall be accessible to persons with hearing impairments by means of
captioned or signed video presentation where possible.
Carriers shall provide a private security screening upon request unless technology is
available that does not necessitate a physical search of the passenger.
Air carriers are required to have Complaint Resolution Officials (CRO) available during all
hours of operation to resolve disability-related complaints. Anyone who feels they have been
the subject of discriminatory actions or treatment by air carriers should initially ask to speak to
the CRO on duty.
Passengers may file a complaint online by clicking this link. Complaints can also be sent via
email, letter, or complaint form to the Department of Transportation’s Aviation Consumer
Protection Division at [email protected] or mailed to this address:
Aviation Consumer Protection Division
Attn: C-75-D
U.S. Department of Transportation
1200 New Jersey Ave, SE
Washington, DC 20590
5. Individuals with Disabilities Education Act (IDEA)
The Individuals with Disabilities Education Act (IDEA) (formerly called P.L. 94-142 or
the Education for all Handicapped Children Act of 1975) is a law that governs how states and
public agencies provide early intervention, special education and related services to eligible
infants, toddlers, children and youth with disabilities. Infants and toddlers with disabilities
(birth – age 2) and their families receive early intervention services under IDEA Part C.
Children and youth (ages 3 – 21) receive special education and related services under IDEA
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Part B.
IDEA requires public schools to make available to all eligible children with disabilities
a free appropriate public education in the least restrictive environment appropriate to their
individual needs.
IDEA requires public school systems to provide appropriate evaluation to determine the
child’s eligibility for special education and related services, and how to meet the educational
needs of the child. IDEA also requires public school systems to develop appropriate
Individualized Education Programs (IEPs) for each child. The specific special education and
related services outlined in each IEP reflect the individualized needs of each student.
IDEA also mandates that particular procedures be followed in the development of the
IEP. Each student's IEP must be developed by a team of knowledgeable persons and must be
reviewed at least annually. The team includes the child's teacher; the parents, subject to certain
limited exceptions; the child, if determined appropriate12; an agency representative who is
qualified to provide or supervise the provision of special education; and other individuals at the
parents' or agency's discretion. Types of IEP interventions include assistive technology (e.g.,
communication boards, computerized language devices, padded supportive chairs), audiology,
counseling services, diagnostic medical services, occupational therapy, parent counseling and
training, physical therapy, psychological services, recreation, rehabilitation counseling
services, school health services, school social work services, speech-language pathology, and
transportation.
If parents disagree with the proposed IEP, they can request a due process hearing and a
review from the State educational agency if applicable in that state. They also can appeal the
State agency's decision to State or Federal court.
With the reauthorization of IDEA in 2004, Congress strengthened the role of parents.
Parents are to be full, equal participants in all aspects of their child’s special education
program. When it is appropriate, the student is also a member of the team. When the team is
discussing transition issues, the student must be a team member. IDEA guarantees that parents
have the right to:
Participate in all meetings concerning their child’s special education.
12 IDEA requires that the child be invited to attend the meeting “if the purpose of the meeting will be the
consideration of the postsecondary goals for the child and the transition services needed to assist the
child in reaching those goals” [§300.320(b)].
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Receive notification of meetings in a timely manner
Request that a meeting be rescheduled so they can attend.
Give or withhold consent before any initial evaluations. Parents must also give their
consent before the release of any information on their child.
Make informed decisions, which means they understand all decisions and options
and why proposals are accepted or rejected.
For more information, contact:
Office of Special Education and Rehabilitative Services
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, D.C. 20202-7100
(202) 245-7468 (voice/TTY)
www.ed.gov/about/offices/list/osers/osep
Sources:
1. Fact Sheet: The Individuals with Disabilities Education Act. Retrieved from
http://slmodules.dodea.edu/uploads/IDEAfactsheet.pdf
2. 6 Principles of IDEA. Retrieved from
http://olms.cte.jhu.edu/olms2/data/ck/sites/271/files/Parents_Reaching_Out.pdf
6. Home and Community-Based Services (HCBS) Programs
The information presented in this section is based upon information obtained from the
Kansas Department for Aging and Disability Services (KDADS). For more information, please
visit the website of KDADS. The following information is pertinent for the state of Kansas
only. If you have any questions about any of the described services in a state other than Kansas,
contact your local Medicaid agency or the nearest independent living center.
The following section describes the guidelines for the Home and Community-Based
Services (HCBS) programs and the specific populations they serve. The services were created
to provide medical and non-medical services to children and adults in their home, assisted
living or residential care facility. The services were developed to reduce the number of
individuals mandated to institutional settings due to debilitating circumstances and to provide
independence and community access for all individuals with a wide range of disabilities.
There are nine HCBS programs in Kansas: Frail Elderly; Technology-Assisted;
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Intellectual and Developmental Disability; Physical Disability; Traumatic Brain Injury; Serious
Emotional Disturbance; Autism; Money Follows the Person; and Program of All-Inclusive
Care for the Elderly (PACE). Consumers must be eligible for KanCare/Medicaid in addition to
the program requirements to be eligible for HCBS services.
6.1 Frail Elderly Program
The Home and Community Based Services Frail Elderly (FE) program provides services
including personal care, household tasks, and health services.
To be eligible for the FE program individuals must meet the following criteria:
o Be 65 years old
o Meet Medicaid income eligibility guidelines
o Meet the Medicaid long-term care threshold
6.2 Technology-Assisted (TA)
The TA Program serves individuals ages 0 through 21 years who are chronically ill or
medically fragile and dependent upon a ventilator or medical device to compensate for the
loss of vital bodily function and who require substantial and ongoing daily care by a nurse
comparable to the level of care provided in a hospital setting, or other qualified caregiver
under the supervision of a nurse, to avert death or further disability; or an individual who is
hospitalized or at imminent risk of hospitalization, whose illness or disability, in the
absence of home care services, would require admission to a hospital.
Eligibility:
o Meet the HCBS-Technology Assisted Program definition.
o Require one or more of the identified primary medical technology and meet the
minimum technology score for the specified age group.
o Meet the minimum nursing acuity level of care threshold for the specified age
group.
6.3 Intellectual and Developmental Disability
This program serves individuals who are five years of age or older who meet the definition
of intellectual disability, developmental disability, or are eligible for care in an Intermediate
Care Facility for Individuals with Intellectual Disabilities (ICF-IID).
Contact your local Community Developmental Disability Organization (CDDO) to access
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this service.
6.4 Physical Disability
This program serves individuals age 16 to 65 years old who meet the criteria for nursing
facility placement due to their physical disability, who are determined disabled by social
security standards, and who are Medicaid eligible.
Personal services, assistive services, sleep cycle support, and Personal Emergency
Response Systems (PERS) and Installation Services can be provided as long as they are
approved in your Plan of Care from the Managed Care Organization (MCO).
The program offers a self-directed care option through which consumers may select, hire,
train, and supervise attendants, to encourage personal choice of providers and living
arrangements.
6.5 Traumatic Brain Injury (TBI) Program
This program serves individuals who have sustained a traumatic brain injury and provides
the services needed after injury to ensure that individuals can stay in their homes and be as
independent as possible in a safe, healthy environment.
Eligibility:
o Have a traumatic brain injury.
o Be 16 to 65 years of age.
o Meet the criteria for TBI rehabilitation hospital placement (which is determined by
a screening).
o Meet the financial guidelines to qualify for Medicaid.
6.6 Serious Emotional Disturbance (SED) Waiver
Services provided under the SED waiver are for children 4 to 18 years of age who
experience serious emotional disturbance and who are at risk of inpatient psychiatric
treatment.
SED waiver services provide children with special intensive support so they may remain in
their homes and communities. Parents and children are actively involved in planning for all
services.
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The SED waiver is a federal Medicaid waiver program. Local Community Mental Health
Centers provide services covered by the program. Children who meet eligibility
requirements will receive a medical card and are eligible for Medicaid physical and
behavioral health services.
6.7 Autism Program
Children with an appropriate diagnosis (Autism, Asperger’s Syndrome and Pervasive
Developmental Disorder – Not Otherwise Specified) may apply for the Autism Program
until their sixth birthday.
The Autism services are limited to three years; however, an additional year may be
submitted for approval.
The Program will provide opportunities for children with Autism to receive intensive early
intervention treatment and their primary caregivers to receive needed support through
respite services
6.8 Money Follows the Person (MFP)13
Money Follows the Person is a federal demonstration grant given to help residents of
qualified institutional settings (nursing homes and institutions for people with
developmental disabilities) move back into communities to live.
Eligibility:
o A current resident of a nursing facility or Intellectual/Developmental Disability
Institution with 90 days continuous stay
o Medicare reimbursed days do not count toward the 90 day requirement
o Medicaid eligible 1 day prior to receiving MFP services
o Meet the functional eligibility for Program services
o Have interest in moving back to the community
6.9 Program of All-Inclusive Care for the Elderly (PACE)
The PACE program is designed to promote the provision of quality, comprehensive health
services for older adults. Primary care physicians and an interdisciplinary team of
professionals provide and coordinate all services, providing “one stop shopping” for
participants’ needs. Most services are provided in the home and at a PACE Center.
13 Money Follows the Person is a federal demonstration grant that may phase out at some point in Kansas.
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Eligibility:
o Be 55 years of age or older
o Live in the service area of a PACE organization: Current Kansas PACE counties:
Dickinson, Douglas, Ellsworth, Harvey, Jackson, Jefferson, Lincoln, Lyon, Marion,
Marshall, McPherson, Nemaha, Osage, Ottawa, Reno, Rice, Saline, Sedgwick,
Shawnee, Pottawatomie and Wabaunsee
o Be certified by the state in which you live as meeting the need for nursing home level of
care
o Be able to live safely in the community with the help of PACE services when you join
7. Plan to Achieve Self-Support (PASS) While Receiving Supplemental
Security Income
A PASS is a Social Security work incentive program that lets you set aside money and/or
other things you own to help you reach your goal of self-support while you are receiving
Supplemental Security Income (SSI). For example, you can set aside money to start a
business, to go to school, or to get training for a job.
You are eligible for a PASS if you get SSI (or can qualify for SSI) because of a disability
and have or expect to receive income (other than SSI) or resources to set aside toward a
work goal.
If you're already getting SSI, having a PASS means you'll be able to keep more of your SSI
payment each month. If you don't get SSI because your income or resources are too high,
setting up a PASS may help you qualify.
Under regular SSI rules, your SSI check is reduced by other income you have. But the
income you set aside for a PASS doesn’t reduce your SSI check. This means you can get a
higher SSI benefit when you have a PASS. But you can't get more than the maximum SSI
benefit for the state where you live.
Money you save or things you own such as property or equipment that you set aside for a
PASS won't count against the resource limit of $2,000 (or $3,000 for a couple). Under
regular SSI rules, you wouldn't be eligible for SSI if your resources were above $2,000. But
with a PASS, you may set aside some resources and thus become eligible for SSI.
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A PASS will pay for just about any expense that will help you reach your work goal.
Expenses will be determined by your goal. A PASS will pay for such things as supplies to
start a business, tuition, fees, books, and supplies needed for school or training; supported-
employment services, including payments for a job coach; attendant care or child care
expenses; equipment and tools to do the job; transportation to and from work; and uniforms,
special clothing, and safety equipment.
All plans must be submitted in writing, signed, and dated by the individual, and approved
by Social Security. A plan should include:
- A well-defined work goal.
- An estimated amount of time to reach that goal. A plan should not last longer than 3
years, but if your plan involves school or training, it may be as long as 4 years.
- A description of tools or items needed to achieve your goal.
- An explanation and accounting of the cost of the items needed to achieve your goal.
- A proposed savings amount to be set aside each month in order to pay for the items
listed.
- A plan for keeping the PASS money separate from any other money you may have.
A PASS may be set up by any individual with help from any outside source (e.g., a
vocational rehabilitation counselor, an organization that helps people with disabilities, an
employer, a friend or relative) or from personnel at your local Social Security office.
After a PASS is submitted, Social Security will review the plan to make sure it is complete,
decide on the appropriateness of the goal, recommend and discuss any needed changes to
meet your goal, and send you a letter to tell you of approval or denial.
If a PASS is denied you have the right to appeal the decision or submit a new plan to Social
Security.
Changes in the PASS must be submitted in writing and approved before the changes are
made or put into action.
If you cannot complete your plan, you may set up a new plan with a new work goal. If you
don't set up a new plan, any money or other resources set aside under the original plan may
begin to count toward the $2,000 resource limit. Social Security will also begin to count the
income you were setting aside under the plan.
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Notify the Social Security office immediately when you discover you will not be able to
complete your plan. This will alleviate any repayment of any extra SSI you received while
you were following the plan. Delays in notification may result in your having to make
back payments to SSI.
Note: Writing a PASS is complex, and getting it approved by Social Security can be difficult.
Consult with your local center for independent living to be sure you have the latest information.
8. Developmental Disabilities Assistance and Bill of Rights Act (DD Act)
The Developmental Disabilities Assistance and Bill of Rights Act (DD Act) is the
fundamental law supporting and enhancing the lives of people with developmental disabilities
and their families. The purpose of the Act is to “assure that individuals with developmental
disabilities and their families participate in the design of and have access to needed community
services, individualized supports, and other forms of assistance that promote self-determination,
independence, productivity, and integration and inclusion in all facets of community life ….”
The Act provides federal financial assistance to states and public and nonprofit agencies
to support community-based delivery of services to persons with developmental disabilities to
create and enhance opportunities for independence, productivity, and self-determination. The
DD Act consists of four programs that create an intersecting network, including State Councils
on Developmental Disabilities, Protection and Advocacy Systems, University Centers for
Excellence in Developmental Disabilities Education, Research and Service, and Projects of
National Significance. Grant funds support initiatives in civil rights protections, education and
early intervention, child care, health, employment, housing, transportation, recreation, family
support, and other services.
Title I — Programs for Individuals with Developmental Disabilities
It is the policy of the United States that all programs, projects, and activities receiving
assistance under this Title shall be carried out in a manner consistent with the principles that:
1. individuals with developmental disabilities, including those with the most severe
developmental disabilities, are capable of self-determination, independence,
productivity, and integration and inclusion in all facets of community life, but often
require the provision of community services, individualized supports, and other forms
of assistance;
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2. individuals with developmental disabilities and their families have competencies,
capabilities, and personal goals that should be recognized, supported, and encouraged,
and any assistance to such individuals should be provided in an individualized manner,
consistent with the unique strengths, resources, priorities, concerns, abilities, and
capabilities of such individuals;
3. individuals with developmental disabilities and their families are the primary decision
makers regarding the services and supports such individuals and their families receive,
including regarding choosing where the individuals live from available options, and
play decision making roles in policies and programs that affect the lives of such
individuals and their families;
4. services, supports, and other assistance should be provided in a manner that
demonstrates respect for individual dignity, personal preferences, and cultural
differences;
5. specific efforts must be made to ensure that individuals with developmental disabilities
from racial and ethnic minority backgrounds and their families enjoy increased and
meaningful opportunities to access and use community services, individualized
supports, and other forms of assistance available to other individuals with
developmental disabilities and their families;
6. recruitment efforts in disciplines related to developmental disabilities relating to pre-
service training, community training, practice, administration, and policymaking must
focus on bringing larger numbers of racial and ethnic minorities into the disciplines in
order to provide appropriate skills, knowledge, role models, and sufficient personnel to
address the growing needs of an increasingly diverse population;
7. with education and support, communities can be accessible to and responsive to the
needs of individuals with developmental disabilities and their families and are enriched
by full and active participation in community activities, and contributions by
individuals with developmental disabilities and their families;
8. individuals with developmental disabilities have access to opportunities and the
necessary support to be included in community life, have interdependent relationships,
live in homes and communities, and make contributions to their families, communities,
States, and the Nation;
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9. efforts undertaken to maintain or expand community-based living options for
individuals with disabilities should be monitored in order to determine and report to
appropriate individuals and entities the extent of access by individuals with
developmental disabilities to those options and the extent of compliance by Entities
providing those options with quality assurance standards;
10. families of children with developmental disabilities need to have access to and use of
safe and appropriate child care and before-school and after-school programs, in the
most integrated settings, in order to enrich the participation of the children in
community life;
11. individuals with developmental disabilities need to have access to and use of public
transportation, in order to be independent and directly contribute to and participate in
all facets of community life; and
12. individuals with developmental disabilities need to have access to and use of
recreational, leisure, and social opportunities in the most integrated settings, in order to
enrich their participation in community life.
Title II — Family Support
It is the policy of the United States that all programs, projects, and activities funded
under this Title shall be family-centered and family-directed, and shall be provided in a manner
consistent with the goal of providing families of children with disabilities with the support the
families need to raise their children at home.
Title III — Program for Direct Support Workers Who Assist Individuals with
Developmental Disabilities
The 2000 DD Act added Title III, Program for Direct Support Workers Who Assist
Individuals with Developmental Disabilities, to increase the workforce serving people with
developmental disabilities. Congress has not provided direct funding for this program, although
Projects of National Significance (PNS) funds have been used for an online training course for
direct support workers, the College of Direct Supports, which is used as a resource by agencies
and states.
Sources:
See the text of the DD Act at the Administration for Community Living website
https://www.acl.gov/sites/default/files/about-acl/2016-12/dd_act_2000.pdf
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Chapter 10: Resources on Disability and Advocacy
Revised by E Zhang
This chapter provides some resources on disability and advocacy. It is not intended to be
exhaustive, but rather serves as a starting point. We encourage you to make use of the internet as
well. There are many more resources that you can find online. You can compose your own list of
resources using the table named My Advocacy Resources provided at the end of the chapter.
American Association of People with Disabilities
2013 H St NW #500, Washington, DC 20006
Phone: 202-457-0046
http://www.aapd.com/
American Civil Liberties Union HIV Project
125 Broad Street, 18th Floor,
New York NY 10004
Phone: (212) 549-2500
Website: https://www.aclu.org/
American Council of the Blind
1703 N. Beauregard St., Suite 420
Alexandria, VA 22311
Phone: (202) 467-5081, (800) 424-8666
Fax: (703) 465-5085
Email: [email protected]
Website: http://www.acb.org/
Americans Disabled for Attendant Programs
Today (ADAPT)
ADAPT in Denver
1208 South Logan Street
Denver, CO 80210
ADAPT of Texas
1640-A E. 2nd ST. STE 100
Austin, TX 78702
Voice Phone 512-442-0252
Email: [email protected]
Website: http://www.adapt.org
ADA National Network
Phone: 800-949-4232
Website: http://adata.org/
American Foundation for the Blind
2 Penn Plaza, Suite 1102
New York, NY 10121
Tel: (212) 502-7600
Fax: (888) 545-8331
Website: http://www.afb.org/default.aspx
The Arc
1825 K Street, NW, Suite 1200,
Washington, DC 20006
Tel: (800) 433-5255
Website: http://www.thearc.org/
Association of Programs for Rural Independent
Living (APRIL)
501-753-3400
Email: [email protected]
Website: https://www.april-rural.org/index.php
Autistic Self Advocacy Network
PO Box 66122
Washington, DC 20035
Email:[email protected]
Website: http://autisticadvocacy.org/
Autism Speaks
Call us! (888) 288-4762
En Español (888) 772-9050
Email us! [email protected]
Website: https://www.autismspeaks.org/
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Bazelon Center for Mental Health Law
1101 15th St. NW, Suite 1212
Washington, DC 20005
Phone: (202) 467-5730
TDD: (202) 467-4232
Fax: (202) 223-0409
Email: [email protected]
Website: http://www.bazelon.org/
Brain Injury Association of America
1608 Spring Hill Rd., Suite 110
Vienna, VA 22182
Phone: (703) 761-0750, (800) 444-6443
Fax: (703) 761-0755
Website: http://www.biausa.org/index.htm
Commission on Disability Rights
American Bar Association
1050 Connecticut Ave. N.W. Suite 400
Washington, D.C. 20036
202-662-1570
202-442-3439 (fax)
Email: [email protected]
Website:
http://www.americanbar.org/groups/disabilityrights
.html
Consortium for Citizens with Disabilities
1825 K Street, NW, Suite 1200
Washington, DC 20006
(202) 783-2229 phone
(202) 783-8250 fax
Email: [email protected]
Website: http://www.c-c-d.org/index.php
Disabled American Veterans Charity
3725 Alexandria Pike
Cold Spring, KY 41076
(877) I AM A VET
(877) 426-2838
Website: https://www.dav.org/veterans/
Disabled in Action
Post Office Box 30954
Port Authority Station
New York, NY 10011-0109
Tel. & Fax 718-261-3737 (Voice/TTY)
Website: http://www.disabledinaction.org/
Disability Rights Advocates
001 Center Street, Fourth Floor
Berkeley, CA 94704-1204
(510) 665-8644 (Voice)
(510) 665-8511 (Fax)
Email: [email protected]
Website: http://dralegal.org/
Disability Rights Legal Center
350 S. Grand Ave., Suite 1520
Los Angeles, CA 90071
Phone: (213) 736-1031, (866) 999-3752
Fax: (213) 736-1428
Website: http://drlcenter.org/
Email: [email protected]
Disability Rights Education and Defense Fund
3075 Adeline Street, Suite 210
Berkeley, CA 94703
(510) 644-2555 (voice)
510-841-8645 fax/tty
Email: [email protected]
Website: https://dredf.org/
Provides technical assistance, information, and
referrals on laws and rights; provides legal
representation to people with disabilities in both
individual and class action cases; trains law
students, parents, and legislators. Publishes
“Disability Rights News” monthly, available in
standard print and audiocassette. Free. ADA
Equal Employment Opportunity Commission
(EEOC)
131 M Street NE
Washington, DC 20002
Phone: (800) 669-4000
TDD: (800) 669-6820
Website: https://www.eeoc.gov/
Email: [email protected]
Responsible for developing regulations and
enforcing the employment section of the ADA.
Copies of its regulations are available in standard
print, large print, braille, computer disk, and on
audiocassette. Provides guidance to federal
agencies in their affirmative action programs for
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Hotline provides information on the Americans
with Disabilities Act.
hiring and promoting people with disabilities and
processes complaints filed by individuals.
Federal Communications Commission
445 12th St. SW
Washington, DC 20554
Phone: (888) 225-5322
TDD: (888) 835-5322
Fax: (888) 418-0232
Website: https://www.fcc.gov/
Email: [email protected]
Responsible for developing regulations related to
telephone relay services and other requirements of
the ADA as it applies to telecommunications.
Independent Living Research Utilization (ILRU)
1333 Moursund
Houston, TX 77030
Phone/TTY: 713.520.0232
Website: http://www.ilru.org/home
Email: [email protected]
Maintains a national list of centers for independent
living.
Internal Revenue Service (IRS)
Phone: (800) 829-1040
TDD: (800) 829-4059
Website: https://www.irs.gov/
The IRS provides technical assistance about tax
credits and deductions related to accommodations
for disabilities
Job Accommodation Network
Phone: (800)526-7234
TTY: (877)781-9403
Website: https://askjan.org/
Learning Disabilities Association of America
4156 Library Road
Pittsburgh, PA 15234-1349
Phone (412) 341-1515; (412) 341-1515
Fax (412) 344-0224
Email: [email protected]
Website: https://ldaamerica.org/
Legal Action Center
225 Varick St.
New York, NY 10014
Phone: (212) 243-1313, (800) 223-4044
Fax: (212) 675-0286
Website: https://lac.org/
Email: [email protected]
Legal Aid at Work
180 Montgomery Street, Suite 600
San Francisco, CA 94104
Toll-free helpline: 877-350-5441
Workers' Rights Disability Law Clinic appts:
415-864-8848
Email: [email protected]
Website: https://legalaidatwork.org/
National Alliance on Mental Illness
3803 N. Fairfax Dr., Suite 100
Arlington, VA 22203
Phone: (703) 524-7600, (800) 950-6264
Website: http://www.nami.org
Email: [email protected]
National Disability Rights Network
900 Second St. NE, Suite 211
Washington, DC 20002
Phone: (202) 408-9514
TTY: (202) 408-9521
Fax: (202) 408-9520
Website: http://www.ndrn.org/index.php
Email: [email protected]
National Association of the Deaf
8630 Fenton St., Suite 820
Silver Spring, MD 20910
Phone: (301) 587-1788
TTY: (301) 587-1789
Fax: (301) 587-1791
Website: https://www.nad.org/
National Council on Independent Living (NCIL)
2013 H St. NW, 6th floor
Washington, DC 20006
Phone: (202) 207-0334, (877) 525-3400
TTY: (202) 207-0340
Fax: (202) 207-0341
National Council on Disability (NCD)
1331 F St. NW, Suite 850
Washington, DC 20004
Phone: (202) 272-2004
Fax: (202) 272-2022
Website: http://www.ncd.gov/
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Website: http://www.ncil.org/
Email: [email protected]
Email: [email protected]
An independent federal agency mandated to study
and make recommendations about public policy for
people with disabilities. Holds regular meetings
and hearings in various locations around the
country.
National Federation of the Blind
200 E. Wells St.
Baltimore, MD 21230
Phone: (410) 659-9314
Fax: (410) 685-5653
Website: https://nfb.org//
Email: [email protected]
National Mental Health Consumers’ Self-Help
Clearinghouse
1211 Chestnut St., Suite 1100
Philadelphia, PA 19107
Phone: (800) 553-4539, (267) 507-3810
Fax: (215) 636-6312
Website: http://www.mhselfhelp.org/
Email: [email protected]
National Rehabilitation Information Center
(NARIC)
8400 Corporate Dr., Suite 500
Landover, MD 20785
Phone: (800) 346-2742
TTY: (301) 459-5984
Fax: (301) 459-4263
Website: http://www.naric.com/
Email: [email protected]
A federally funded center that responds to
telephone and mail inquiries about disabilities and
support services. Maintains "REHABDATA," a
database with publications and research references.
Office of Civil Rights
Department of Health and Human Services
(HHS) 200 Independence Ave. SW
Room 509F, HHH Building
Washington, DC 20201
Phone: (800) 368-1019
TDD: (800) 537-7697
Website: https://www.hhs.gov/ocr/
Email: [email protected]
Responsible for enforcing laws and regulations that
protect the rights of individuals seeking medical
and social services in institutions that receive
federal financial assistance. Individuals who feel
their rights have been violated may file a complaint
with one of the ten regional offices located
throughout the country.
Office of Fair Housing and Equal Opportunity,
Department of Housing and Urban
Development (HUD)
451 7th St. SW
Washington, DC 20410
Phone: (202) 708-1112
TTY: (202) 708-1455
Website:
https://portal.hud.gov/hudportal/HUD?src=/progra
m_offices/fair_housing_equal_opp
Enforces the Fair Housing Act and distributes
publications that explain the Act and how to file a
housing discrimination complaint.
Office of Special Education and Rehabilitative
Services, US Department of Education
400 Maryland Ave. SW
Washington, DC 20202-7100
Phone: (202) 245-7468
Website:
https://ed.gov/about/offices/list/osers/rsa/index.htm
l
Paralyzed Veterans of America (PVA)
801 18th St. NW
Washington, DC 20006-3517
Phone: (800) 424-8200
TTY: (800) 795-4327
Website: https://www.pva.org/
Public Interest Law Center of Philadelphia
1709 Benjamin Franklin Pkwy.
Philadelphia, PA 19103
Phone: (215) 627-7100
Fax: (215) 627-3183
Website: http://www.pilcop.org/
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Email: [email protected]
A membership organization for veterans with
spinal cord injury. Advocates and lobbies for the
rights of paralyzed veterans and other disabled
persons, and sponsors research.
Social Security Administration
Office of Disability Operations
1500 Woodlawn Dr.
Baltimore, MD 21241
Phone: (800) 772-1213
TDD: (800) 325-0778
Website: https://www.ssa.gov/benefits/disability/
US Department of Education, Office for Civil
Rights
Lyndon Baines Johnson Department of Education
Building
400 Maryland Ave. SW
Washington, DC 20202-110
Phone: (800) 421-3481
TDD: (800) 877-8339
Fax: (202) 453-6012
Website:
https://www2.ed.gov/about/offices/list/ocr/index.ht
ml?src=mr
Email: [email protected]
Responsible for enforcing laws and regulations
designed to protect the rights of individuals in
educational institutions that receive federal
financial assistance. Individuals who feel their
rights have been violated may file a complaint with
one of the ten regional offices located throughout
the country.
United States Access Board
1331 F Street, NW, Suite 1000
Washington, DC 20004-1111
Voice: (202) 272-0080, (800) 872-2253
TTY: (202) 272-0082 or (800) 993-2822
Fax: (202) 272-0081
Website: https://www.access-board.gov/
Email: [email protected]
The U.S. Access Board is a federal agency that
promotes equality for people with disabilities
through leadership in accessible design and the
development of accessibility guidelines and
standards for the built environment, transportation,
communication, medical diagnostic equipment, and
information technology.
United Spinal Association
120-34 Queens Blvd. #320
Kew Gardens, NY 11415
Tel: 800-962-9629
Email: [email protected]
Website: http://www.spinalcord.org/
Good luck exploring these resources and others you may find for your own particular
disability-rights related concerns. Use the table below to create your own list of advocacy
resources so you can be better prepared for your advocacy!
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My Advocacy Resources
Name of the resource Contact information