Persons With Disabilities Effective May 1990, a pew monthly publication assumes an advocacy role for tens of thousands of previously under-represented Minnesotans - those with physical or mental disabilities. Access Press' premier edition fea- tures a circulation of 10,000, distributed initially throughout the greater metropolitan Twin Cities area ap- proximately 100 drop points including rehabilitation, education, training and medical centers.

Edited by Charles Smith, an activist whose 23 years in a wheelchair have limited neither his vision nor his ability to redress untenable circumstances. the tabloid will Dro-

vide information regarding both sources and resources to state residents for whom the tasks of daily living have been rendered somewhat more challenging.

Access Press will contain information of interest to the sight- and hearing-impaired, the MR community, those challenged by CP, MD, MS and other neurological dis- orders, the physically disabled and others. A broad-based editorial board is being formed to ensure that the interests of all challenged communities are editorially addressed to the extent possible.

The paper's editorial mission will be two-fold, according to Smith: to serve as a source of enlightenment for the disabled community, and to serve the general public as a source of enlightenment about the disabled community.

Suggestions for editorial coverage, distribution points, or editorial board membership are welcomed. Subscriptions will be available for those whose access to distribution points is limited.

A *- 4--- Acces n Y*

Volume 1, Number 1

If first impressions, and the record, count, Lee Greenfield is hardly a representative Representa- tive.

The six-term DFL legisla- tor from Minneapolis' District 61A loves his work, strings together 14-to-20-hour days during the session, spends his spare time upgrading his storehouse of issue-related in- telligence, and for the past two years has batted .714 at the legislative plate, with 25

I zest to a Mexican vacation, as of the 35 bills he introduced -venture In Puerto Vallarta. Add becoming la*.

ma d to be souaht for the iiiiqa What began with a per- sonal iischion with %hat is

- .Ad -how it all fits together" has I E carried the former New Yor-

ker through a period of scien-

Chemical Dependency: TheAvoided Issue -

For many persons with disabilities, chemical dependency imposes far greater limitations than their physical impairment. Until recently, the need for Chemical dependency treat- ment and the benefits of recovery for persons with disabilities have not been acknowledged by society, the medical community, fami- lies, and friends. Failure to adequately address chemical dependency as a primary health m e issue will prevent successful rehabilitation and

disability adjustment, lead to increased medical complica- tions of the disability, and in- terfere with independent living.

Am- The most significarrtfactor

perpetuating the high rate of chemical dependency for per- sonswithdkbiljtiessecmsto be the negative attitudes com- monly held toward both disability and chemical dependency. Persons with physicaldisabili~areoften considered hopeless, help

less, fkagk, pi-, and sick. "Physical disabilfty" is com- monly equated with "illness", fostering the ideas that per- sons with physical disabilities are incapable of assuming reqonsibility for themselves, require repeated hospitaliza- tions, and must depend on some type of mood-altering medication in order to func- tion. Family, friends, and the medical community often questions the value for per- sons with disabilities of achieving a chemically-free lifestyle, as the chemicals are

seen as justified means of masking reality. It is assum- ed that without these chemicals persons with disabilities could not cope with what is perceived as a miserable existence.

Enabling by the medical community, family, and friends, appears to be an effort to protect the disabled person from the reality of hisher disability. In other words, chemical use may be seem as a way to "ease their

tific obj&viG - physicist for RCA, math instructor at the "U"-into what is arguably the least scientific profession in society.

Close perusal -of his o i i i d l y - * d gnad cram- packed, Biographical Sketch confirms the finding-Lee Greenfield is a people person.

From his status as Found- mg Member of the Minneso- tacommitteeto Endthewar in Vieanam to positions today on councils and boards rang- ing from the DFL Feminist Caucus to the Minnesota Mental Health Association, Oreenfield the private citizen reflects Greenfield the public servant, adopting and sup porting causes that improve the quality of life for those whose lives could stand a lit- tle improvement.

After paying his political dues, including two as Administrative Assistant td 22-year Hexmepin County

Commissioner Richard 0. Hanson and Commissionel

Americans

".Q Disabilities Act Vote Nears. See Page 8 b

of Representatives, Green- field the public servant has achieved a status sufficient to provide some impact on local quality-of-life issues, and provide he has.

He chairs the He& and Human Services Division of the House Appropriations Committee (the one that d e cities where the money goes), awl&tsontheHe;lithd~- ~SenricesPolicycommit- teeandtheJuMmy Cam&- tee. He's &ir of the Joint Legislative Commission on

GREENFIELD to page 3

C I=

aorne time.

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other player ~ m p l i s h m e n t s inch& ~ a m i 00thoudt (3) winnim% a e gold m d l in the m t h m in S a d with a per- d b t , 2 horn3 13 mio~tes and 45 d; national rw- 0nl holders MW' JO Kittok (44) and Chris Rupert (55) Corn- P- in the discus, shot and javelin; and - Casper (121 who w dominated USA Wheelchair Athletic T- sWb-

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Access Press ~ a y - 3 Civitan

Service Club Platform: by Adam Quinn Dignity If government were to serve ALL the needs of people, all cem felt in lasting fashion: Georgia Civitans helped to

the people would be in government, and there would be no spearhead an effort that requires all newborn babies in the one to serve. Today, there are literally thousands of or- state to be tested for disorders that might, left undiagnosed, ganized service clubs throughout the United States, formed result in mental or physical impairment. North Carolina to provide voluntary assistance to those in need-regardless Civitans brought about the construction of a million dollar of the form of the need. research center at Duke University that conducts investiga-

Most have fairly specific charters; members direct their tions into the causes and prevention of mental retardation. available time and energies to a narrow range of muses. In Minnesota, the %member St. Paul Civitan Club con-

One group, however, was created specifically to lill in the centrates its energies on a series of programs and an ambi- service gaps created by the focused approach of other or- tious activity plan for the organization itself. ganizatim. Comprised of men and women (Civitan was the first na-

On St. Patrick's Day, 1917, physician Courtney W. tional service club to aggressively recruit both) from back- Shropshire assembled a group of community leaders in Bir- grounds as diverse as AT&T executives and Academy of rningham, Alabama, to devise ways of contributing to the Dance owners, the club this year will sponsor and partici- betterment of their local environment. Gradually, they iso- pate in the Children's Miracle Network, a telethon for chil- lated specific needs of the greater Biminghn area, ad- dren's hospitals nationally; conduct their 2nd annual ice dressed and met them. During W, @is group and their cream social for a large local residential facility, coordinate new-found following cxmWmed gemmusly to the war both area and state wheelchair run events in local Special effort with both men anid support services. As word of the Olympics competitions; and prepare for a major role inhost- effectiveness d the group spread, leaders from other corn- , , ,-,,,, g,, , ing the 1991 International Special Olympics here in Mi- munities became interested in the guiding concepts of the pics were just om at . . neapolis, an effort expected to attract in excess of 5,000 ath- group, and the name "Civitan" began to spread throughout tor the year. letes and some 15-2~000 visitors in all. the region. Other goals for the ambitious club include membership

Today, 55,000 members meet through stlaae l&QO in- Districts provide a way for clqbs to come together toshare growth, an hcmm in fund-raising candy box locations of dividud clubs in North America, Europe and Asia, aeoam- information about successful projects and experiences 5096, conduct-and complete-one primary projezt 4 plishing as members of an international team services to through seminars and workshops. month, build one Junior @gh school) Ci- Club, and their ~0mmuBitivts that would be much less efficiently or Uniquely, the club identifies as its purpose T o serve the raise 500 ponnds of f b d for local Faod Shelves. effedvely done on their own. communjty by tWi3lg humaa needs that are not b e i i met by The club actively recruits those with disabilities, and

The clubs are divided into districts, geographical COW other organizations or by idhhal e W . Lack@ solicits their input when determining where to focus their tions of at least 25 clubs with at least 25 -sea&. Each enough, many of those human needs are felt by i d b i d d I, collective energies. It meets every other Thursday at the . 'strict has its own organizational smdure, including chapters to revolve around those with disabilities. W w a y Motor Lodge in St. Paul. Membership chair is Pat

overnor, lieutenant governors, secretary and treasurer. Around the nation, Civitan clubs are mabig 4ageir COSF Weseloh, 22161441426-1188 (home).

I 3

reenfield C Q - ~ +=- , h.. !L

children; senior citizens; ness in the state, from just dents of regional treatment *increasiagthenrrmberof * expding semi-in&. gh human health care recipients; those workingundergovern- m r s to smaller, more ap- community seavies the pendent living services

services-related task forces, homeowners and renters; ment contract, the require- propriate community settipgg developmentally disabled programsandcommissionsto those . . . - m e n t t o m a L e ~ a c -

GREENFIELD to ?"+fFA'O !?E%F - + A S A . ~L-L - -

convince even his most ardent tion, assa tor asuse; peop leG~modahon to the accessi- - &

*ritics of the direction and with disabilities; those whose bility reqdre- otherwise-qualified em-

Greenfield. L i e other elected offi-

cials, Lee has two primary c t w s t ; t ~ c y groups -those Wheelchairs

within ths ofh dis- Power Scooters trict boundaries, who vote Hospital Beds him into or out of office, and ~8- Jackson I

those outside of his district Sales who benefit as well from Repairs legislation he gets passed. Sales Unlike some electedofficials, Consignments however, Greenfield lumps those basic group together much more and categorizes them not by their influence on society, but 982 Thomas Ave., St. Paul, MN 55104 by their interest in it- ACCESSIBLE VANS

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pabf and "take their minds off their troublesn. Enabling of chemical use also serves to deviate the enablers' own un- comfortable feelings about the disability. As the disabled p e r m appears to escape reality Mder the influence of mood-altering chemicals, the enabler ean feel as though he is "helping", and both can avoid interacting about the disability on an honest emo-

Persons with disabilities treatment. Unfortunately, responsibility for themselves temporary stay with a sober must have access to chemical disability adjustment is one of or their actions and they have friend while relocating; and use information, early the primay areas which is learned to respond to the low few halfway houses are ac- chemical dependency evalua- stalled by the chemical use; expectations of others with cessible. tion, intervention and treat- and addressing the chemical self-pity, learned helpless- For many chemically ment as appropriate. It is use may be the only way to ness, andlor manipulation. dependent persons with essential that persons with Wtate the disability adjust- Most chemically dependent disabilities, the chemical use disabilities receive chemical ment process. persons with disabilities have has allowed them to mmb in use education as a regular Issues to be considered in no history of "productivew ac- a state of denial about their component of their Mi&- evaluating and treating per- tivity since the onset of their disabilities. The use of mood-

. This info-- sons with disabiiitie seelittle altering chemicals prevents

opportunity for successful recovery may be limited.

A MODEL PROGRAI In 1983, Abbott North-

westem HospitaYSister Ken- ny Institute in Minneapolis, implemented an innovative Chemical Dependency1 Physical Disability Program designed to meet the specialized needs of persons with disabilities.

tional level.

HELPLIBS PHYSICIANS A physical disability may

are also involved in consulta- tion for program devel-

Minnesota and Florida. which have been

ceptable for an able-bodied

and encouraged as a m e m ~ of suspected it is essential to ar- rant program adaptations in outpatient treatment, after- socializing and becoming range for a chemical use order to insure full participa- care and sustained recovery "equal" with able-bodied evahmtion with k expecta- tion, they do not justify are v q diffilt . Finding a friends, as "one of the few tion that the recommends- special privileges which will safe place to live after treat- sources ofpleasuren for a per- tions will be followed. create resentment among mmt may be impossible. son with a disability, and as an Frequently it is assumed other patients. Long waiting lists confront escape from the reality of the that a client &odd be emo- Often persons with dis- clients who wish to relocate in disability. Enablcrsmaypro- tionallyadjustedtohisorher ab'ities have not been ex- accessible housing, inac- fess that they have no rig&& disability before entering pected to assume cessibility may prohibit a denypersonswithdi~ies I the&-choices, even if those choices are self-destructive. However, often the enablers

I lose sight oftheir own choices as they provide the person with a dhbility with the per- mission and/or assistance needed to carry out the de- structive behavior.

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8 ~ ~ 1 9 9 0 Access Press Constituent Action Urged

ADA 'Civil RightsLAct 'C Vote Near Within the month, mem-

bers of the House of Representatives will be called upon to cast their votes for or against the Americans With Disabilities Act of 1989. Several years in develop- ment, the act has been called the "Civil Rights Act for per- sons with disabilities", setting guidelines in employment, public services, public ac- +* commodations, private ser- vices, communications and a @ variety of misceIlaneous ac-

port by those who stand to be- nefit from its provisions. By definition, Representatives represent the opinions of their constituencies on the floor of the House. If the bill is to be voted down because of some basic flaw or flaws, it will come back strengthened, and ultimately become the law of the land. If it is to be voted down because it costs money, and/or because those who perceive its provisions to be inconvenient outnumber

following pages the unedited copy of the complete "Sum- mary of the Amendment in the Nature of a Substitute to the Americans With Disabil- ities Act of 1989, August 2, 1989. * Interested parties are urged to read it, and to re- spond with whatever com- ments they may have to their appropriate Congress person. Further developments con- cerning the Act will be co- vered in subsequent issues:

tivities and relationships. Currently in the House Judi- ciary Committee, the Act is scheduled to be up for a vote of the full House sometime in May or early June.

those who might benefit from them, it is unlikely to come back at all.

The 'system", in that case, will have worked. The voice of the people will have been

FINDINGS AND PURPOSE The purpose of the Act is to

provide a clear and comprehen- sive national mandate to end dis- crimination against individuals with disabilities; provide en-

While the history of the heard- the assumption being forceable standids addressing r+ 7 bill is significant, o f even that lack of input-equates to discrimination against individuy J.-- greater importance at this lack of interest. als with disabilities; and ensure a stage are indications of sup- We have included on the that the Federal government

plays a central role in enforcing these standards on behalf of in- dividuals with disabilities.

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DEFINITIONS The term "disability" is

defined to mean, with respect to an individual, a physical or men- tal impairment that substantially limits- one or more of the major life activities of such individual, a record of such an impairment, or being regarded as having such an impairment. This is the same

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definition used for purposes of section 503 and section 504 of the Rehabilitation Act of 1973, and the recent amendments to the Fair Housing Act.

TITLE I: EMPLOYMENT The provisions in Title I of the

bill use or incorporate by refer- ence many of the definitions in ti- tle VII of the Civil Rights Act of 1964 (employee, employer, Commission, person, labor or- ganization, employment agency, joint labor-rnanagement commit- tee, commerce, industry affect- ing commerce). For the first two years after the effective date of the Act. only employers with 25 or more employees are covered. Thereafter, the number goes down to 15.

A 'qualified individual with a disability" means an individual with a disability who, with or without reasonable accommoda- tion, can perform the essential functions of the employment po- sition that such individual holds or desires. This definition is wm- parable to the definition used for purposes of section 504.

Using the section 504 legal framework as the model, the bill specifies that no entity covered by the Act shall discriminate against any qualified individual with a disability because of such in- dividual's disability in regard to application procedures, the hir- ing or discharge of employees and all terms, conditions and privileges of employment.

Discrimination includes, for ~ l i ? : ~ , ~ g w classifying a job applicant or em- ployee in a way that adversely affects his or her opportunities or status; mcipatmg in contractu- al or other arrangements that

have the effect of subjecting in- dividuals with disabilities to dis- crimination; and using criteria or methods of administration that have a discriminatory effect or perpetuate discrimination of others subject to common ad- ministrative control.

In addition, discrimination in- cludes excluding or denying equal opportunities to a qualified nondisabled indiv~dual because of the known disability of an in- dividual with whom the qualified individual is known to have a relationship o1 dssociation.

Discriminat~on also includes not makint REASONABLE ACCOMMOr TONS to the known limitat~rb ot a qualified individual with : ability unless such entity can demonstrate that the accomrnodatlon would im- pose an UNDUE HARDSHIP on the operation of the business. Discriminat~on also Includes the denial of emplovment opportuni- ties becaus d qualified individual with adlbdodlfy needs a reasona- ble accommodation.

The definition of the term ' le accommodation" b fAtxkdsal~bin iscompruable t o t f i e ~ i n ~ 5 0 4 legal framework. Tk &sa b cludes" making existing facilities accessible, job restructuring, part-time or modified work schedules, reassignment to a va- cant position, acquisition or modification of policies, exami- nations and training materials, the provision of qualified readers and interpreters, and other siml- . lar awmh%mw. -2. ._ +

Discrimination also includes the imposition or application of tests and other selection criteria that screen out or tend to screen out an individual with a disabili-

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ty or a class of individuals with disabilities unless the test or oth- er selection criteria is shown to be job-related for the position in question, and is consistent with business necessity.

The bill also includes the pre- employment inquiries provision from section 504 which permits employers to make pre- employment inquiries into the ability of an applicant to perform job-related functions but pro- hibits inquiries as to whether an applicant or employee is an in- dividual with a disability or as to the nature or severity of such dis- ability. Employers are permitted to undertake post-offerlpre- entrance medical examinations so long as the results are kept con- fidential, all entering employees take the examinations, and the results are used only in accor- dance with the provisions of the title.

The bill also prohibits em- ployers from conducting or re- quiring a medical examination aod inquiries a9 to whether an

quiry is show~to be job-related d consistent with business necessity.

The bill also specifies sever- al defenses to charges of dis- crimination under the Act. First, an employer need not hire an ap- plicant or retain an employee who it shows has a currently cab tagious disease or infection that poses a direct threat to the health --

the woricplace. With respect to drug addicts

and alcoholics, an employer may prohibit the use of alcohol or ille- gal drugs at the workplace by dl employees; may require that em - '

havior to requirements estab- lished pursuant to the Drug Free Workplace Act; and may hold a drug user or alcoholic to the same qualification standards for em- ployment orjob performance and behavior to which it holds other individuals, even if any unsatis- factory performance or behavior

'CIVIL RIGHTS' to page 9 #

ACCESS PRESS ............................................ Publisher .Wm. A. Smith, Jr.

.................................................. Editor CharlesF.Smith ...................................... Marketing Director .Jennifer Randall

Production Manager ...................................... Michael Sheehan ................................... Staff WriterIPhotographer .Adam Quinn

ACCESS PRESS is a monthly tabloid newspaper published for persons with disabilities by Polychrome, Ltd., W.A. Smith, Jr., President. Circulation is 10,000, distributed the first week of each month through more than 100 locations statewide. Approximately 300 copies are mailed directly to political, business, institutional and civic leaders. Subscrip tions are available for $12/yr.

Editorial submissions and news releases on topics of interest to persons with disabilities, or persons serving those with disabilities, are welcomed.

Paid advertising is available at rates ranging from $6 to $12/colurnn inch, depending on size and frequency. Classified ads are $7.00, plus 20 centslword over 35 words.

Advertising and editorial deadlines are the 20th of the month preceding publication; spec- ial scheduling available for camera-ready art.

Inquiries should be directed to:

ACCESS PRESS 2331 University Ave. S.E., Suite 120

Minneapolis, Minnesota 55414 (612) 379-0989

-A faflure to provide aux- through altemative methods if solicitation is made later than 30 8. All stations in intercity rail

- - of existing buses is requid. A readily accessible as soon as criminatory to subject an in- sult in un&w burden. Auxiliary maximumextent feasible, theal- tmnsit authority may apply tothe practicable but in no event later dividd or class of individuals, aids and services include: t e n d portion, the path of travel Secretary of Transportation for that 3 years after the date of directly or indirectly, on the ba- qualified interpreters or other ta the altered area, and the relief only if there are no lifts enactment of this Act except that sis of disability, to any of the fol- etfective methods of making bathrooms, telephones, and available in this country for in- the time limit may beexteded by lowhg: aurally delivered materids avail- drinking fountains serving the re-

the Secretary of Transportation (1) denying & q p r h d y to able to individuals with hearing ligious tenets of such organiza- 2. Used vehicles p m : M M up to 2.0 yuus for extraordinary participate in or benefit from an impahments; qualified readers,

leased after the date of enactmeat expmive stmcmal changes to, qpommity; taped texts, or other effective , Consistent with title W of the need not be accessible but a or -of, existing hacil- (2) w g an oppommity methods of making visually de- ' - Civil Rights Act of 1964, every d e m m good faith effortto ities necessary 80 as$ieve a- tha~ is not equal to that afForded livered materials available to in-

'covered entity must past notices lacate a used accessible vehicle sibility . -, dividuals with visual impair- in an accessible format describ- must be made. 9. Intercity, light rail, rapid, (3) prmriding an opporhdty ments; acquisition or modiiica- ing the applicable provisions of 3. Vehicles that are re- andcommuter rail systems& that is less effective than that tionofequipmentor- and thisAct.TheCommi&ionisalso manufactured so as to extend haveetleastonecarpertrainthpt pnwidedtoothers; other similar services and ac- the building has fewer than three

3 -dkcted to promulgate regula- their usable life for five years or is d l e a s soon as practica- (4) providing an opportunity tions. stories, has fewer that 3000 tions within one year in an aces- more must, to the maximum ex- ble, but m any event in no less that is different or seprate, un- -A failure to remove ar- square feet per floor unless the

tent feasible, be readily accessi- than five years. less such action is necessary to chitectural barriers and commu- buikhg is a shopping mall, sbop thebii incorporates by refer- ble to and usable by individuals The bill dirads the Attorney provide tbe individuals with an nicationbarriers thatarestrudur-

ence the remedies and prom- with disabilities. General to promulgate regula- opportrraity that is as e&ctive as al in nature in existing facilities dures set out in section 706,707, 4. In those communities with tions within one year in an ames+ that provided to others; howev- and traqorIation barriers in ex- 709, and section 710 of title W fixed routepublictranspor&ation, . sible format that implements the er, au indivitiwl with a disabiili- isting vehicles where such of the Civil Rights Act of 1964. there must also be a paratransit provisions generally applicable ty shall not be denied the oppor- removal is readily achievable; 'm an

The effective date of title I is system to serve those i n d i v i s to state and local govermnents. tunity to participate in such pro- and, where the entity caudemm Widi respedto places of I 2 4 d afterthedatedenact- with disabilities who cannot use These regulations must be con- grams or activities that got strate that such removal is not CP and potential ment. the fixed route pubiic -- sistent with the coordination of separate or different. s readily achievable, a failure to phca of employment, the bill

dards or criteria or methods of accommodations available REHTS'topage 10

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