A diverse group of young adults with disabilities stand together in a circle with their heads close, smiling. The view point is looking up at them from inside the circle.

Developmental Disabilities Awareness Month: Shattering Stigmas & Obstacles

/in /by The Arc

March is Developmental Disabilities Awareness Month, a time to uplift the diverse talents and dreams of people with developmental disabilities. Common developmental disabilities include autism, cerebral palsy, Down syndrome, and learning disorders.

The big picture: At The Arc, we believe people with developmental disabilities deserve every opportunity to live the life they choose. One where they have equal access to education, employment, health care, and community living. This month, we celebrate their stories while advocating for a society where barriers to inclusion no longer exist.

History: The roots of Developmental Disabilities Awareness Month can be traced back to 1987 when President Reagan first declared March as a month to raise awareness and “according to our fellow citizens with such disabilities, both encouragement and the opportunities they need to lead productive lives and to achieve their full potential.”

This year’s theme from the National Association of Councils on Developmental Disabilities, A World of Opportunities, highlights a future where all people with developmental disabilities can thrive and pursue any path they choose.

What we’re doing: The Arc’s vast grassroots network is creating a world where people with developmental disabilities have the opportunities and support they need to thrive. This month, we’re spotlighting people who are blazing trails as self-advocates and leaders.

Like Ashley, a woman with a developmental disability who champions diversity, equity, and inclusion. And Steve, a self-advocate in Virginia who fought for nine years to gain his independence after being placed in a nursing home is living proof people can thrive in their communities. And Carlos, who overcame barriers to graduate college and is now working in accounting but still faces prejudice. And Mitch, a self-advocate in Colorado and a longtime board member at The Arc, who is a voice for how we should be supporting people with disabilities.

Join The Arc in celebrating Developmental Disabilities Awareness Month.

🧡 Donate to The Arc to support our advocacy and services, making inclusion possible.
⭐ Volunteer with your local chapter of The Arc to empower people with developmental disabilities.
📣 Share stories uplifting diverse perspectives using #DDawareness2024.

“Segregation and discrimination still cast an ugly shadow over the lives of millions of people with disabilities. This month, we must amplify the voices calling for true inclusion—in our schools, workplaces, and communities. When we listen to self-advocates and remove unfair barriers, incredible contributions shine through.” – Katy Neas, CEO of The Arc

A photo of Ryan Gainer standing outside. He is wearing a blue polo shirt and smiling.

The Arc’s Statement on the Killing of Ryan Gainer

/in , /by The Arc

A photo of Ryan Gainer standing outside. He is wearing a blue polo shirt and smiling.The killing of Ryan Gainer, a Black autistic teen, is a devastating injustice. Too many people with disabilities, especially those from marginalized communities, cannot access the crisis intervention services they need. In the face of Ryan’s mental health crisis, his family called 911 for help. Instead of receiving the care he needed from a competent professional, he was killed. Because of the tragedy of Ryan’s death and the death of others before him, The Arc’s National Center on Criminal Justice & Disability is working to reform our public safety practices across the country. This center offers comprehensive training to improve crisis response for people like Ryan. Our hearts go out to the Gainer family and all those who loved Ryan. We pledge to continue to keep working for a just, equitable world for all people with disabilities.

A school bus stopped with a diverse group of children, including children with IDD, waiting to get on and off the bus.

DC’s OSSE Sued for Failure to Provide Safe and Reliable School Transportation, Denying Disabled Students Access to Education

/in /by The Arc

Class Action Seeks to Remedy Systemic Failure and Violations of Federal and State Law

March 7, 2024 – Parents and guardians of children with disabilities living in the District of Columbia (DC), along with The Arc of the United States, filed a class action lawsuit today against DC’s Office of the State Superintendent for Education (OSSE) for failing to provide safe, reliable and effective transportation to and from schools for children with disabilities, thereby denying students equal access to their education and unnecessarily segregating them from their peers.

“The buses meant to help children with disabilities build their education and futures are instead perpetuating their exclusion. This is not just a matter of tardiness or inconvenience. It’s stealing children’s opportunities to learn, grow, and connect with their peers,” said Shira Wakschlag, Senior Director of Legal Advocacy & General Counsel of The Arc of the United States, a non-profit that works to promote and protect the civil and human rights of people with intellectual and developmental disabilities. “This systemic failure segregates students with disabilities from their peers and deprives them of equal access to education in violation of the law. When school buses become barriers themselves, we need to fight to ensure that no child is left stranded.”

According to the complaint, the OSSE Division of Transportation (OSSE DOT) has continually failed to provide consistent, safe and properly equipped transportation:

  • Buses routinely arrive very late to pick students up from their homes, or do not arrive at all, causing kids to miss an exorbitant number of school days. One 14-year-old student was late to school 90 times in the 2022 – 2023 school year.
  • Students are picked up early from school and miss critical instructional time or are left stranded at school without guaranteed transportation back home. “Because [my child] consistently arrived home late, he would miss critical therapies that were ordered by his doctor,” said Veronica Guerrero, plaintiff and mother of a 14-year-old student.
  • Students are forced to spend excessive time on the bus, causing physical and mental harm when they are unable to access food, medication, or toilets. As a result, one 13-year-old student with a rare chromosomal disorder has arrived home on multiple occasions with a soiled diaper.
  • Buses do not provide appropriate accommodations (including properly trained medical personnel) and equipment that children with disabilities need to ride the bus safely. One eight-year-old student’s medical conditions require that she ride the bus with a nurse present. On multiple occasions, and without notice to the family, the bus arrives without a nurse onboard to properly care for her.
  • Buses cannot be reliably tracked, and families have no way to find out where their children are located while riding a bus. One 11-year-old student was missing for four hours before school staff located him.

“DC was under court supervision after a lawsuit for the exact same problem until 2012. Although the District had shown they were moving in the right direction then, now we are moving back to where we once were despite years of parents and community leaders working together to attempt change through local advocacy efforts,” said Kathy Zeisel, Director of Special Legal Projects of the Children’s Law Center and counsel for the plaintiffs. “We can no longer plead and hope for change. We’re taking action to ensure DC children receive the education they deserve.”

“The District’s failure to provide safe, reliable, and appropriate transportation to students with disabilities is part of a trend where the District does not live up to its obligations to children and families,” said Kaitlin Banner, Deputy Legal Director of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs and plaintiff counsel. “We hope this lawsuit creates the systemic changes we need for students to get to school safely and on time so they can learn.”

The plaintiffs include parents and guardians of children with a range of disabilities who require transportation accommodations and support to access their education. Together they seek to remedy this systemic failure, which violates federal and state law, including the Individuals with Disabilities in Education Act (IDEA), Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and the District of Columbia Human Rights Act (DCHRA).

Under the IDEA, DC students with disabilities are entitled to a free appropriate public education (FAPE), which must include services and accommodations set forth in students’ individualized education plans (IEPs), including transportation. The ADA, Section 504, and the DCHRA require that students with disabilities have an equal opportunity to access their education and prohibit unnecessary segregation of students with disabilities.

“Children with disabilities are missing critical education and related services, all of which are necessary for them to receive a free appropriate public education guaranteed under the IDEA,” said Margaret Warner, a Partner at international law firm McDermott Will & Emery and counsel for the plaintiffs. “OSSE’s transportation system that provides these services continually fails to reasonably support DC students’ special education, as mandated by their IEPs.”

The case is Robertson v. District of Columbia and has been filed in the US District Court for the District of Columbia.

The plaintiffs are represented by Shira Wakschlag and Evan Monod of The Arc of the United States; Kathy Zeisel of DC’s Children’s Law Center; Kaitlin R. Banner, Margaret F. Hart, and Chelsea Sullivan of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs; and Margaret H. Warner, Eugene I. Goldman, Theodore E. Alexander and Christopher M. Shoemaker of McDermott Will & Emery LLP.

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About The Arc of the United States
The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy, and other diagnoses. Founded in 1950 by parents who believed their children with IDD deserved more, The Arc is now a network of nearly 600 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes. Through the decades, The Arc has been at the forefront of advances in disability rights and supports. There are over 7 million people with IDD in the United States, which encompasses over 100 different diagnoses. Visit www.thearc.org or follow us @TheArcUS to learn more. Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC, and never ARC. The Arc should be considered as a title or a phrase.

About Children’s Law Center
Children’s Law Center believes every child should grow up with a strong foundation of family, health, and education and live in a world free from poverty, trauma, racism and other forms of oppression. Our more than 100 staff—together with DC children and families, community partners, and pro bono attorneys—use the law to solve children’s urgent problems today and improve the systems that will affect their lives tomorrow. Since our founding in 1996, we have reached more than 50,000 children and families directly and multiplied our impact by advocating for city-wide solutions that benefit hundreds of thousands more. For more information, please visit www.childrenslawcenter.org.

About the Washington Lawyers’ Committee for Civil Rights and Urban Affairs
The Washington Lawyers’ Committee for Civil Rights and Urban Affairs partners with community members and organizations on scores of cases to combat discrimination in housing, employment, education, immigration, criminal justice reform, public accommodations, based on race, gender, disability, family size, history of criminal conviction, and more. The Washington Lawyers’ Committee has secured a relentless stream of civil rights victories over the past five decades in an effort to achieve justice for all. For more information, please visit www.washlaw.org.

About McDermott Will & Emery
McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices and industries to deliver highly effective solutions that propel success. More than 1,400 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve. For more information, please visit www.mwe.com.

A man with disabilities stands outside. He is holding hand written signs that read, "Disability Rights are Human Rights!!" and "Stop Discrimination Now." The U.S. Capitol building is in the background.

Spotlighting The Arc’s Changemakers: Mitch Routon, Secretary of The Arc’s Board of Directors

/in , /by The Arc

When Mitch was just ten days old, he had a stroke. Four years later, he began experiencing seizures, which would continue until he was 10 years old. The stroke and seizures mean that Mitch has trouble using both the left and right sides of his body—but it also inspires him to focus on his abilities rather than his disabilities.

Mitch has a friendly, laid-back demeanor, but he is also bold in speaking out on injustices against people with disabilities. Inspired by the advocacy and inquisitiveness of his father, Ralph, an independent journalist in the Colorado Springs area, Mitch learned to speak up for himself and others in uncomfortable situations—and quickly learned how important his voice was. He also developed his confidence and relationships as manager of his high school football team.

In 1993, Mitch’s dad served on The Arc Pikes Peak Region Board of Directors, one of the many boards in the disability community that Ralph took part in. It was through this connection that Mitch first became aware of The Arc locally—and so began Mitch’s own leadership with The Arc network.

After graduating from Manitou Springs High School, Mitch’s family moved to Florida. Five years later, Mitch headed back to Colorado on his own, ahead of his family’s impending move. His deep roots and connections carved his early adulthood—he worked at The Broadmoor World Arena, Safeway, Colorado College, The Arc Thrift Store, and other local establishments and coached the Manitou Springs High School football team.

In 2007, in a full circle moment, Mitch was invited to join the Board of Directors at The Arc Pikes Peak Region.Mitch Routon stands a podium on a stage, speaking to an audience at The Arc National Convention.

According to Wil Romero, The Arc Pikes Peak Region Executive Director, “Mitch is Mr. The Arc. He is everything you could want out of The Arc and a constant voice to hold us accountable. He keeps our mission and impact top of mind for staff and volunteers every day. He’s a staple in our program and a voice for how we should be supporting people with disabilities and the new demands and challenges being faces by people with disabilities today.”

In 2009, Mitch wanted to expand his advocacy to a new level. With the support of his local chapter, he successfully championed himself to become a member of The Arc of Colorado’s board of directors. According to Tonya Kelly, a past president of The Arc of Colorado, “Mitch is an inspiration to me and other board members and to advocates with IDD around the state. He brought his lived experience to The Arc of Colorado’s public policy efforts, testifying at the Capitol and calling legislators on the phone. His efforts inspired others to speak out as well. As president, I recruited Mitch to become Vice President, and he was the first person with IDD to serve on The Arc of Colorado’s Executive Committee, becoming President in 2021. He has shown the organization that those with IDD know no boundaries and deserve to be seen in leadership roles. Under his leadership, we became a stronger board and nonprofit. He also supported the organization as we hosted The Arc’s national convention and established an endowment for the organization.”

In 2018, Mitch was ready to take his advocacy to the national level and became a member of The Arc of the United States’ Board of Directors, and now serves as our Secretary.

“I wanted to join the board to get involved politically and ensure that people with disabilities have the same rights as everyone else. I think it is very important that we stay on top of disability rights. Every year, we see Congress say we don’t matter by trying to cut our health insurance or ignoring improvements to Social Security. It’s critical that we go to Capitol Hill and Washington, DC, and are heard by our members of Congress,” says Mitch.

In 2019, Mitch’s advocacy culminated in an opportunity to be heard directly from his member of Congress while attending one of The Arc’s keystone events—the Disability Policy Seminar. This event brings together advocates nationwide to learn about key policy priorities and then go to Capitol Hill to speak with their Members of Congress. Before the event, Mitch was a regular caller to his representatives’ offices around disability issues, but he sometimes did not feel heard. During the Hill visit, Mitch noticed his Member of Congress walking past him, intending to bypass The Arc’s group. Undeterred, Mitch stopped him to share his thoughts on disability issues and ensure he and other Coloradans with disabilities were heard.

For Mitch, support for The Arc is all about advocacy and people with disabilities.A man with disabilities stands outside. He is holding hand written signs that read, "Disability Rights are Human Rights!!" and "Stop Discrimination Now." The U.S. Capitol building is in the background.

“The Arc focuses on people with disabilities and ensures they have what they want and need. Our bottom line is we care about people. I serve on the board and make sure the organizations are running well so that the people with disabilities we serve are being taken care of,” says Mitch.

For the past 30 years and throughout his life, Mitch has worked tirelessly to advocate for himself and others—and hopes that other people with disabilities will join him as leaders of The Arc.

“I hope there’s more people with disabilities who want to be a president of the board, vice president, secretary, or treasurer. I would love to see more people with disabilities in a leadership role and connecting with their local, state, and national chapters of The Arc….Supporting The Arc is the right thing to do because, at the end of the day, The Arc is here to help people.”

A hand holds a small wooden blue house with a heart shape cut out of it.

Providers Who Care for People With Disabilities Deserve a Raise

/in , /by The Arc

This letter was originally published in the Syracuse Post-Standard. It has been adapted with permission from letter-writer Barbara Davis, a member of The Arc’s National Sibling Council.

I am the sister and legal guardian of a sibling with an intellectual or developmental disability (IDD). She resides in Onondaga County in New York and receives services from The Arc of Onondaga. I live in Virginia and have been her long-distance advocate and guardian for the past 20 years, since our parents passed away. I would like to share with you the support and care my family has been fortunate to receive from The Arc throughout my sister’s lifetime.

Our family pediatrician referred my parents to The Arc shortly after my sister was born in 1954, and I can’t imagine what her life (or ours) would have been like without the essential services The Arc provides.

From childhood well into adulthood, she attended The Arc’s Day Habilitation program, where she learned daily living and social skills, made friends, and enjoyed group activities. She bonded not only with other participants but also with dedicated staff, who encouraged her and supported her with respect and patience. To this day, a retired day habilitation staff member remains in touch and meets up with my sister and me when I am in town.

My sister lived at home with my parents until my father passed away and my mother was diagnosed with cancer. The Arc then assisted us in finding a residential placement. Before she died, my mother found great peace of mind knowing my sister would be living in a safe and supportive environment.

For the past 20 years, my sister has lived in a group home where she receives total care from direct support professionals. They provide meals, assist with such basic daily tasks as bathing and dressing, and provide transportation to doctor’s appointments. She also receives occupational therapy and physical therapy from The Arc. And the staff supports me by keeping me informed, helping me connect with my sister several times a week on FaceTime, and facilitating my in-person visits.

I cannot say enough about the dedication and hard work of the direct support professionals who have made such a difference in my sister’s life. At no time was this more apparent than during the COVID pandemic. When residents at my sister’s group home all came down with COVID, staff continued to show up every day to support and nurture the residents. Due to their wonderful care, all the residents recovered.

Without services and support from The Arc, my sister would have had a far more isolated life and fewer opportunities to develop her full potential. Instead, she is happy and sociable and “living her best life.” She loves her home and family at The Arc.

How To Help

Currently, chapters of The Arc and other nonprofit organizations that support people with IDD nationwide are experiencing a funding crisis. The amount that Medicaid reimburses these groups to pay dedicated direct support professionals is too low and not a livable wage. We need members of Congress, state legislatures, and governors to invest more resources in the essential services provided by The Arc and other nonprofits that support people with IDD and their families.

You can help by sending letters to your members of Congress and supporting your state chapter’s advocacy efforts.

The Arc logo

Landmark Trial Challenging Regressive Voting Rights Provisions in Texas Senate Bill 1 Concludes

/in /by The Arc

Plaintiffs argue state law discriminates against voters of color and voters with disabilities, threatening democratic foundations.

San Antonio, TX – A six-week trial challenging regressive voting rights provisions in Texas’ Senate Bill 1 (S.B. 1) concluded with closing arguments today in the U.S. District Court for the Western District of Texas. The lawsuit asserts that S.B. 1 violates the First, Fourteenth, and Fifteenth Amendments of the U.S. Constitution and Section 2 of the Voting Rights Act by targeting and making more difficult the methods and means of voting used by voters of color. Plaintiffs also argue the law violates the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and Section 208 of the Voting Rights Act by imposing voting barriers that discriminate against voters with disabilities and deny people with disabilities full and equal opportunities to participate in the state’s voting programs.

The case is comprised of five lawsuits, including Houston Area Urban League v. Abbott, which was filed in 2021 by the Legal Defense Fund (LDF), Reed Smith LLP, ArentFox Schiff, and The Arc on behalf of the Houston Area Urban League (HAUL), Delta Sigma Theta Sorority, Inc., The Arc of Texas, and Jeffrey Lamar Clemmons, a poll worker.

Plaintiffs are challenging several provisions within the restrictive law including: a ban on drive-thru voting; restrictions on early voting hours, which impose a ban on 24-hour voting; and new ID requirements for voting by mail. S.B. 1 also establishes new requirements—and possible criminal penalties—for people who assist voters who need help filling out their ballots, including voters with disabilities.

The timing of a decision from Judge Xavier Rodriguez is pending.

“True democracy does not tolerate barriers that make it harder for citizens to vote based on race or ability, but rather it encourages voting and political participation because diversity of thought, ability, and background makes us stronger,” said Amir Badat, Special Counsel, Legal Defense Fund. “S.B. 1 runs counter to the sentiment of participation and democracy.”

“We are not just in a legal battle; we’re fighting for the very heart of our democracy,” said Elsie Cooke-Holmes, International President of Delta Sigma Theta Sorority, Inc. “S.B. 1 is a calculated assault on our foundational values. We remain steadfast in combating these discriminatory practices to guarantee every citizen’s unimpeded access to the ballot box, ensuring their vote is cast and counted.”

“Democracy works when elections are accessible to all eligible voters,” said Kenneth Broughton, Partner, Reed Smith LLP. “This legislation prevents, inhibits, and discourages eligible voters from casting their ballots in violation of the Voting Rights Act and the United States Constitution.”

“We are proud to stand with our clients Houston Area Urban League, Delta Sigma Theta, The Arc of Texas, and Jeffrey Clemmons, to protect the rights of all Texans—no matter their race, their language, or whether or not they identify as having disability—to meaningfully participate in the political process,” said J. Michael Showalter, Partner, ArentFox Schiff.

“S.B. 1 poses a Catch-22 for disabled voters, because it makes both in-person voting and voting by mail more burdensome and inaccessible,” said Shira Wakschlag, Senior Director of Legal Advocacy & General Counsel, The Arc of the United States. “Throughout trial, we have heard from voters with disabilities about how S.B. 1 raises the cost of voting and forces voters with disabilities to rely on burdensome workarounds that require them to expend significant additional time, subject themselves to physical pain and mental stress, experience multiple ballot rejections, and work twice as hard as non-disabled voters in order to participate in the voting process and have their vote counted, making them feel like second-class citizens. This is not the equal opportunity the ADA was enacted to provide and cannot possibly be consistent with the ADA’s clear and comprehensive mandate to eliminate discrimination against people with disabilities and integrate them into the mainstream of American life.”

“In 2020, we saw bigger turnout numbers in Harris County than ever before. Not only can we boast that we have the most diverse county in the nation, but we are also civically engaged,” said Judson Robinson III, President & CEO of the Houston Area Urban League. “We see S.B. 1 as a tool being used to completely disrupt diverse voter engagement and participation here in Houston. Additionally, S.B. 1 makes it nearly impossible for hourly workers to participate in our elections. We believe now, and always, that shift workers deserve their right to vote just like everyone else.”

Contacts:

The Arc logo

Texas Voters With Disabilities Share their Stories

/in /by The Arc

The following blog post was originally published on the Legal Defense Fund’s website and is reposted here with permission. View the original blog here.

In San Antonio, Texas, community members and advocates gathered outside of the federal courthouse on October 2, 2023 with emblazoned signs in hand, shouting spirited chants. As a trial was underway inside, echoes of their rallying calls for voting rights reverberated through the city streets. Candace Wicks, a retired teacher who traveled 300 miles from Dallas to show her support, shared her story to the burgeoning crowd with a mixture of frustration and determination. Wicks, a Texas native who has disabilities, has remained unwavering in her commitment to voting her entire life—yet since the state’s restrictive voting law S.B. 1 was passed in 2021, she has faced significant barriers participating in the electoral process.

In last year’s midterm elections, Wicks encountered an array of obstacles in attempting to exercise her right to vote. Wicks, whose legs and nine fingers are amputated and does not have a consistent signature, had her ballot denied because of a new signature verification process that S.B. 1 requires. Wicks also cited the law’s curbside voting restrictions and additional, limiting requirements on voter assistance as detrimental requirements for disabled voters.

“People with disabilities already face numerous barriers and discrimination in their daily lives,” Wicks emphasized in her speech. “Voting should not be added to that list. Our democracy is only strong when it represents all its citizens.”

Wicks is a member of Delta Sigma Theta Sorority Inc., a historically Black service-based sorority that is named a co-plaintiff in the lawsuit challenging the voter suppression law. Lupe v. Abbott, composed of five lawsuits including Houston Area Urban League v. Abbott, argues that S.B. 1 is discriminatory, imposing undue barriers on voters to participate in elections, especially voters of color and voters with disabilities.

Plaintiffs including the Delta Sigma Theta Sorority Inc., Houston Area Urban League, and The Arc of Texas argue that S.B. 1 violates the United States Constitution and Section 2 of the Voting Rights Act by targeting and burdening methods and means of voting, like drive-thru voting and 24-hour voting, that are largely used by voters of color. Plaintiffs also argue the law violates the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and Section 208 of the Voting Rights Act by inflicting barriers to voting on voters with disabilities by imposing restrictions on voter assistance and making it harder to vote by mail, denying them full and equal opportunities to participate in the state’s voting processes.

The six-week trial began on Sept. 11. In that time, witnesses took the stand to provide testimony about their own experiences attempting to access the ballot box. Since being enacted in 2021, the law has already had grave consequences, rendering many residents unable to vote and making the process of voting far more onerous and burdensome, resulting in significantly longer voting times and physical pain for some voters with disabilities. Some who attempted to vote had their ballots denied.

For the several millions of Texans the law’s provisions impacts, including an estimated 3-5 million voting-eligible Texans with disabilities, the reversal of this legislation is dire for our nation’s democracy. All Texas voters, regardless of their identities or backgrounds, deserve to be counted—and their voices heard.

“People with disabilities already face numerous barriers and discrimination in their daily lives. Voting should not be added to that list. Our democracy is only strong when it represents all its citizens.” – Candace Wicks, Retired Dallas Teacher and Delta Sigma Theta Sorority, Inc. Member

 

Leading a Fight Against Voter Suppression in Texas

In the fight for an inclusive democracy in Texas, civil rights organizations are working together to fight S.B. 1 and bring forth justice.

“Our challenge to S.B. 1 highlights that voter suppression is a disability rights issue and that the fight against voter suppression lies at the intersection of disability rights and racial justice,” said Amir Badat, LDF Voting Special Counsel, who manages LDF’s Voting Rights Defender and Prepared to Vote projects. “There are millions of Texans who have a disability. Voters with disabilities are entitled to equal access to the ballot box. S.B. 1 undermines that right by increasing the already significant burdens that voters with disabilities must overcome to cast their votes and have them counted. By bringing this case, our plaintiffs who have disabilities are telling the world that their voices matter and must be heard.”

The lawsuit challenges multiple provisions in S.B. 1 that, by imposing undue limitations on voting, disproportionately impact voters of color and voters with disabilities.

Voting restrictions imposed by S.B. 1 include:

  • Limitations on early voting hours.
  • A ban on 24-hour voting.
  • A ban on drive-thru voting.
  • Limitations on the distribution of mail-in ballot applications.
  • Limitations and possible penalties for voter assistants, including criminal felonies.
  • Expansion of the authority of partisan poll watchers.
  • Criminal penalties against poll workers seeking to maintain order at the polling place.

“There are millions of Texans who have a disability. Voters with disabilities are entitled to equal access to the ballot box. By bringing this case, our plaintiffs who have disabilities are telling the world that their voices matter and must be heard.” – Amir Badat, LDF Voting Rights Special Counsel and Voting Rights Defender and Prepared to Vote Projects Manager

While the Texas state legislature makes claims of voter fraud, a myth long debunked by experts and advocates alike, the passage of the law is antithetical to true integrity and democracy—placing significant hardship on voters who have historically been counted out.

Texas is one of at least 18 other states that have passed voter suppression laws in direct response to voters from marginalized communities, including voters of color and voters with disabilities, making their voices heard in record numbers during the 2020 elections. Within Texas’s long history of voter suppression is a painful reality—the intentional suppression, prevention, and displacement of minority votes.

“People with disabilities have the fundamental right to vote and participate in our democracy, but this right has too often been denied,” said Shira Wakschlag, Senior Director of Legal Advocacy and General Counsel for The Arc of the United States. “S.B. 1 disenfranchises voters with disabilities by making it harder to vote by mail and receive the assistance they need to vote, and it denies people with disabilities equal access to voting in violation of the law.”

Voting Rights Is a Disability Rights Issue

Texas Voters With Disabilities Share Their Stories

Four voters with disabilities who served as witnesses in the trial discussed how S.B. 1 impacted their ability to vote, and what they hope to see from the state’s voting policies moving forward.

Some quotes have been condensed for clarity.

TERI SALTZMAN, Travis County resident and member of The Arc of Texas and REVUP Texas

Teri SaltzmanTeri Saltzman is blind and faced a myriad of barriers to voting by mail in the midterm primary elections. Her mail ballot was rejected multiple times because the ID numbers she provided didn’t match her voter registration record. She could not cure her ballot online because the state’s website is inaccessible to blind voters. After four attempts at curing her ballot, she was notified that her ballot did not count. Saltzman’s ballot was again denied in November 2022.

“I registered to vote by mail based on my disability and I have always done this successfully in the past. When S.B. 1 passed, it was the first time in my life I had difficulty voting due to its ID requirements and burdens. I never had this amount of challenges voting. I was never unsure if my vote counted.

“S.B. 1 has meant a reversal of rights for this community. Disability rights has everything to do with voting rights. What they’re voting for—transportation, education, housing, all those things—are linked to their independence as a person with a disability. I will always vote. But when I look at the ballot [sitting here on my table], I look at it with trepidation. [Voting] is something that I love…it’s something that is important in my family. But now, after a whole year of fighting to exercise my right to vote, I have this hesitancy that I never had before. I’m mad that it is there. But I will still vote. I’m concerned about voters who are already hesitant—who if they come across these barriers, might be prevented from doing so at all.”

JODI LYDIA NUNEZ LANDRY, Harris County resident and member of The Arc of Texas and REVUP Texas

Lydia Nunez LandryJodi Lydia Nunez Landry has muscular dystrophy and has encountered significant barriers since S.B. 1 was enacted. Landry prefers to vote in person but is afraid to get voting assistance from her partner due to risk of criminal prosecution S.B. 1 has imposed on voter assistance. She explains that her disability is degenerative and that as a result, she will require even more assistance over time.

“I think voting is fundamental to our democracy. The people that we elect are the ones that hold the power and represent us and make policies that affect our entire lives. [Elected officials determine] whether disabled people can vote, get out of their homes or have employment and educational opportunities, whether people are institutionalized or whether they’re able to enjoy basic human rights.

“S.B. 1 has had a very profoundly negative impact on our community. My condition has progressed, and I’ve increasingly run into more obstacles [since S.B. 1 was enacted]. I completely rely on my partner, who is also my personal attendant, to assist me with things.

“I think it really boils down to whether people believe that disabled people or any people from marginalized groups are deserving of the full benefits of democracy. We’re all interconnected. Disabled people come from every walk of life. And I think that’s the beauty of, at least, the promise of democracy—we all get to enjoy the same basic human rights and privileges as everyone else.”

LAURA HALVORSON, Bexar County resident and member of The Arc of Texas and REVUP Texas

Laura HalversonLaura Halvorson has muscular dystrophy and chronic neuromuscular respiratory failure. Halvorson relies on a power machine, a breathing machine, and personal care attendants for a majority of her care. Halvorson has encountered significant barriers to voting since S.B. 1 was enacted. Unlike previous years, Halvorson could not get assistance to vote by mail. Her personal care attendant, who is a green card holder, was not willing to assist Halvorson with her mail ballot during the March 2022 primary due to the threat of criminal liability and the potential impact on her legal status. As a result, Halvorson had no choice but to open and mark the ballot herself—a process which took her multiple attempts and was significantly longer and more arduous than if she had been assisted. As a result of these challenges, Halvorson chose to vote in person in the November 2022 election — a process which again took her significantly longer and was far more difficult because she did not receive any assistance.

“This new voting law makes it even harder for people to vote and [is] a huge act of voter suppression in a state with already one of lowest voter turnouts in the country. Once S.B. 1 was enacted and I experienced new barriers in voting, I felt it was important to share my story.

“I hope voting becomes easier and more accessible for people with disabilities in Texas, but I do not see how that could be possible with S.B. 1 still in place.

“It is important for people with disabilities and others in our lives to let our voices and issues be heard by politicians and reflected in their platforms to show the power of the disability vote. About one in four Americans has a disability, and many acquire a disability through the aging process and now also through long Covid, so disability issues affect many people and/or their loved ones in the voting process and access.”

JENNIFER MILLER, Travis County resident and member of The Arc of Texas

Jennifer Miller is the mother of an adult daughter, Danielle, who has autism. Miller regularly assists her daughter to vote, yet has encountered significant barriers in doing so since S.B. 1 was enacted.

“I care very much about this country as a long-time resident of Texas, and I care very much about my daughter. She has learned civic responsibility, and as a person with a disability, voting really makes a difference for her and her community. As a supportive parent, I want to let my daughter have the best life she can and be independent. One of those factors is her being able to exercise her right to vote.

“Voting is a constitutional right. If [S.B. 1] continues, a lot of people might give up and not vote. And that’s not right, because their voices need to be heard. Voting is everything to marginalized communities. The [Americans with Disabilities Act] isn’t that old, and we’re still fighting for rights.”

Being Heard, Being Counted: Making Democracy Inclusive for All

Closing arguments in the trial will be heard in February 2024. As voters await the trial’s results, one thing is certain — every voter has a voice that should be heard through the electoral process, and all people, regardless of their identity or background, are entitled to fully participate in our nation’s democracy. Texas’s electoral process should be accessible to all. A true democracy should be more than an ideal—it should be fully enforced through protections for all voters, including those who have historically had their ballots left out.

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Why Black Disabled History Matters

/in /by The Arc

The following blog post was originally published on the World Institute on Disability’s website and is reposted here with permission. View the original blog here.

By Dikko Yusuf

Black disabled history is an aspect of Black history, which informs world history. Black History Month is officially celebrated every year in the U.S., Canada, Ireland, and the UK. During this month, we celebrate the achievements of Black leaders throughout history and while many of these leaders also had a disability, that aspect is often minimized or overlooked. Black disabled people are multiply-marginalized, and more prominent awareness of the accomplishments of Black leaders, who are often also disabled, can help drive and inform systems change for the current and future generations of disabled people around the world.

Black Disabled Leaders in History

Disability has often been erased from the stories of many Black historical figures. Disabled activists Vilissa Thompson, Heather Watkins, and Ola Ojewumi all highlight how their exposure to Black history in school failed to account for the disabilities of Black civil rights leaders.

Abolitionist Harriet Tubman and pianist and composer Thomas Wiggins are good examples to consider here. Tubman had epileptic seizures since she was 12, and is remembered for leading enslaved Black people through underground passageways to freedom. Wiggins was born blind and is celebrated for being the first Black person to perform at the White House.

A historical account that recognizes Tubman’s disability is more likely to examine how her disability influenced how or when she did certain things. When we recognize Wiggins’ disability, his story becomes more than a musician’s biography; it becomes the history of disabled musicians.  Without an acknowledgment of their disabilities, their stories are incomplete.

Throughout history, many other Black disabled people helped to secure rights and representation for people with disabilities.

Fannie Lou Hamer was a leader in the Civil Rights Movement and the vice-chair of the Freedom Democratic Party. Johnnie Lacy helped found the Berkeley Center for Independent Living in 1981. She also served on Hayward’s Commission on Personnel and Affirmative Action, and the Mayor’s Disability Council for the city and county of San Francisco. Both Lacy and Hamer had polio and made an indelible mark for Black women and disabled people’s rights in the U.S.

Brad Lomax was yet another Black disabled leader who made history. Lomax was a member of the Black Panther Party and had multiple sclerosis and used a wheelchair. In 1977, he participated in the historic 504 Sit-ins at the San Francisco Federal Building and encouraged the Black Panthers to provide meals and other supplies to the protestors. The 504 Sit-ins achieved its objective on April 28, 1977, when the secretary of the Department of Health, Education and Welfare (HEW), Joseph A. Califano Jr., signed the regulations  to implement Section 504 of the Rehabilitation Act of 1973.

Joyce Jackson, who contracted arthritis at the age of 12, was also a civil rights activist. She was among 20 other activists that went to Washington D.C. to make a case to officials in the Carter administration for the implementation of Section 504 By the HEW.

Audre Lorde was a Black lesbian writer with breast cancer and civil and disability rights activist. Her powerful and evocative poetry broadly drew from her identity which included the intersections of racism, sexism, classism, ableism, and homophobia.

Lois Curtis was a disability rights advocate who grew up with cognitive and developmental disabilities and spent nearly 20 years in institutions, at different points in her life. The landmark Supreme Court ruling on her case, Olmstead v. L.C., that institutionalizing people with disabilities was discriminatory, was a monumental and watershed moment in the Independent Living Movement.

Black disabled leaders such as Fannie Lou Hamer, Brad Lomax, Joyce Jackson, Audre Lorde, Lois Curtis, Johnnie Lacy and many more championed civil rights and fought hard against ableism and racism. Black disabled history adds a comprehensive component to the way we interpret historical figures and events. It gives us a richer and clearer perspective on important moments today and throughout history.

As Florida Governor Ron DeSantis recently  blocked a Black studies course for high-achieving high schoolers and other conservative politicians push to block Black history from being taught in schools, we must make a concerted effort to make sure these stories are told. Black history acknowledges the experiences of oppression and marginalization faced by Black people and the systemic racism that Black people continue to face globally. When Black history is hidden, systemic racism continues to be denied by members of the next generation of leaders and decision-makers, and through that denial, the systems remain in place.

Black disabled history represents the experiences of multiply-marginalized individuals confronted by racism and ableism. During disasters and emergencies, for instance, Black disabled people, who often live in resource-deprived areas, experience worse outcomes in relation to white disabled people. They are also disproportionately impacted because their disability needs are not considered in disaster preparedness, response, and recovery. Apart from the oppressive racism faced by Black people, Black disabled people also have to contend with the ableism that limits their ability to access opportunities and resources. Additionally, Black disabled people face discrimination and violence through systems of policing. The limited data we have on the topic shows that more than 50% of Black disabled people will be arrested by the time they turn 28, and at least 50% of people killed by police are disabled. Many of the high-profile cases of Black people killed by police were significantly impacted by the victims’ disabilities, but very little media coverage acknowledges the impact of the combination of racism and ableism on these cases. Black people with disabilities also have to live with the fear of being further marginalized by disclosing their disabled identities.

“Black people may be hesitant to identify as disabled for fear of further discrimination based on that identity,” Ojewumi said.

This fear of discrimination also drives some Black people to hide their disabilities and code-switch or alter their language to sound less Black, around white peers. When we have Black disabled stories told in the mainstream media, we are able to create diverse and inclusive societies that recognize the experiences of a group that is often overlooked. When these stories are told, we are able to examine the intersectionality and sociopolitical ramifications of being Black and disabled.

Beyond Black History Month

Discussions about the achievements of Black disabled leaders should be held all year round, not just during Black History Month. Furthermore, it is important to not just celebrate Black disabled history, but to also work to create a society that is inclusive of Black disabled people. The disability justice framework is a great place to start. The disability justice framework recognizes the intersectionality of disabled people who belong to additional marginalized communities and is a necessary ideology to achieve the liberation of Black disabled people. When we acknowledge Black disabled history, we can create a better future for Black disabled people of today and tomorrow. Black disabled history is world history.

Kris, a man with cerebral palsy, is smiling. He's holding a number 1 up with his hand.

Comcast and The Arc Collaborate to Improve Digital Skills and Make Life-Changing Impact for People With Disabilities

/in , , /by The Arc

Digital access and skills are a critical component of modern life. In 2023, The Arc and Comcast teamed up to help people with intellectual and developmental disabilities (IDD) leverage technology to open the door to new experiences in their communities.

The Arc and Comcast have a long-standing partnership to do this work. The Arc’s national network of nearly 600 chapters provides vital resources and services to individuals with IDD and their families to promote greater independence and opportunity in the community—and through this partnership, since 2017, more than 3,000 clients have received basic digital skills training.

The program continues to expand what’s possible for people with IDD in their professional and personal lives—giving them the tools to chart their own course, just like we all want to do.

Meet Kris, a 59-year-old man with cerebral palsy.

Kris, a man with cerebral palsy, is smiling. He's holding a number 1 up with his hand.Kris lives with his sister’s family in his hometown of Greely, Colorado, and has been successfully employed for 40 years, currently working full time at the busiest grocery store in town. He is an avid sports fan—Go Bears!—has a busy social life, and because of his gregarious personality he is a bit of a local celebrity, traveling around town on his e-bike. Kris has become very active in civic service—involved with the Chamber of Commerce, volunteering at local nonprofits, and serving in leadership roles at both The Arc of Weld County and on The Arc’s National Council of Self-Advocates.

To be effective in his new roles, Kris had to better leverage modern technology and communication platforms. He was comfortable with the basic use of his cell phone and his laptop, and The Arc of Weld County provided tech coaching to give him the confidence with the more advanced technology he needed to be successful. Kris learned how to navigate complex websites with multiple drop-down navigation structures and use passwords to access secure portals. His tech coaches showed him how to sync his calendars and email on both devices to stay on top of his busy schedule. He has even mastered accessing virtual meetings. After a long day, his eyes get tired and email can become stressful, so Kris taught himself how to use the read aloud feature to make it easier.

Kris continues to get weekly tech coaching sessions to keep advancing his skills. He is learning to use folders to organize his documents, better managing calendar invites, learning tactics to ensure he is responsive, and understanding how to identify and handle junk or malicious email. Like many of us, passwords and computer updates can still “throw him for a loop” from time to time, but he stays patient, and as he says, “It feels good when you figure something out.”

By advancing his technology skills, Kris has been able to pursue work that he feels is incredibly important. He shares his lived experience as a person with IDD while counseling disability organizations at the local, state, and national level on how to better support people with disabilities. “I know what it feels like to feel like you are not heard. I want to help people be heard.”

Meet Roselyn, a 60-year-old woman with Down syndrome.

Roselyn, a woman with Down syndrome, is standing in front of a house and smiling. She's wearing a colorful blouse and jeans. Her hands are on her hips.Roselyn has lived with her mother and received support from The Arc of Greater Indianapolis since 1981. During the week, Roselyn works at Corteva Agriscience through The Arc of Greater Indianapolis’ employment services. She works as part of a team that assists scientists in preparing seedling trays for growing new plants, hosing down trays when experiments are complete, and keeping the greenhouse labs clean. Roselyn is very proud of her work and the independence she has from earning a paycheck. She recently bought a kitchen table set and used her tax check to buy a new washer and dryer.

However, when her mom had to be moved into a nursing home quite abruptly, Roselyn needed an emergency placement. The Arc of Greater Indianapolis helped move her into a new living environment with staff support. Roselyn enjoys the financial independence that comes with working—for example, she has a standing hair appointment every two weeks for some pampering at the salon. With more activities in the community, Roselyn started wanting to enjoy some alone time without staff having to be with her. This was going to require some tech coaching to do so safely.

Roselyn had used cell phones over the years, but she never really explored the features they offered and would either lose or break them. If she wanted to call family, staff would have to help her. Staff at The Arc of Greater Indianapolis worked with Roselyn regularly for a couple of months as part of these tech coaching sessions. They helped her learn how to call and text family, friends, and staff and how to contact help if she ever feels unsafe. She has learned how to access the internet and use apps like Voice to Text to look things up and connect with friends. Now, she gets time to herself each day. Roselyn gets home from work around 1:30, but her staff don’t arrive until 3:30. She either calls or texts them, though, to let them know that she made it home safely. Then she spends some time searching for videos on dogs and cats (she loves showing these to her staff later) as well as watching her favorite shows online (she especially loves Night Court and Law & Order). If the weather is bad on Sundays, Roselyn even watches church online. When she’s not working or using her phone, she likes doing 5,000-piece puzzles, going shopping, and seeing her Colts or Pacers play.

Through tech coaching, Roselyn has achieved a newfound sense of independence. You never fully appreciate how nice it sometimes is to be alone if you’ve never been able to experience it. Roselyn loves her work, friends, family, and the staff who work with her. However, sometimes it’s wonderful to just spend some time alone.

“When we provide access to digital skills training, we create opportunities and pathways to independence that can be life-changing, especially for those living with disabilities,” said Dalila Wilson-Scott, Executive Vice President and Chief Diversity Officer of Comcast Corporation. “Partnerships, like the one we’re proud to share with The Arc, are at the heart of what drives us each day at Comcast because of the many lives we’re able to help impact. We’re so very honored to continue to grow our work together and help enrich even more lives.”

Comcast’s partnership with The Arc is part of Project UP, the company’s comprehensive initiative to address digital inequities and help build a future of unlimited possibilities. Backed by a $1 billion commitment to reach tens of millions of people, Project UP is focused on connecting people to the Internet, advancing economic mobility, and opening doors for the next generation of innovators, entrepreneurs, storytellers, and creators.

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A family posing for a photo in a living room. One of the sons has disabilities and is in a wheelchair.

Spotlighting The Arc’s Changemakers: Debbi Harris, Vice President of the Board

/in , /by The Arc

If anyone embodies the fierce, compassionate spirit of advocacy at the heart of The Arc, it’s Debbi Harris, MA, MS, the 2023 Vice President of our national Board of Directors. For over 25 years, Debbi has fought tirelessly to shape systems that fully include people with disabilities and complex medical needs—and it all starts with Josh.

A baby in a small tub. There is a piece of gauze taped to his chest.Debbi’s son Josh was born eight weeks early with a grade four brain hemorrhage. As she shares, “He was one of the sickest babies in the neonatal intensive care unit. It started our roller coaster of a journey of having a child with complex medical needs and disabilities.”

Securing reliable home nursing supports has always been a struggle. When he was an infant, there was a constant rotation of providers coming to her door, many of whom had limited training.

“It was really scary… Josh was harmed because people were coming in who weren’t well-oriented or trained to care for him. At just 18 months old, Josh was hospitalized three times because of this.”

Debbi and her husband Victor also struggled with their careers while managing Josh’s needs and raising their two other children. Victor was often called away for active duty with the military. Debbi worked full time in a traditional office setting, often working into the night to meet her deadlines and hold onto their health insurance. “That insurance was what was providing Josh’s life-sustaining medical care. But because of the hospitalizations, I gave up my career to stay home and care for him when he was two years old.”

A family, parents and three sons, posing for a photo in a living room. One of the sons has disabilities and is in a wheelchair.Out of crisis came purpose. Debbi soon immersed her family in The Arc’s chapter support systems, connecting her sons to sibling workshops and herself to a parent networking group. “We still count on those relationships for support today,” added Debbi.

Not long after, her local chapter of The Arc called on her to testify in support of the Tax Equity and Fiscal Responsibility Act (TEFRA) and better standards for care workers. Years later, when Josh was headed off to school for the first time, Debbi found herself in battle for nursing support. School officials told her that Josh couldn’t go to their school unless she paid for a nurse to accompany him during the school day. “I was so jolted by what they said, and I knew we had a big fight on our hands, so I went to The Arc and they stuck by me,” she recalled. “They looked up precedent cases, got their big-time lawyers involved… and we won.”

Debbi not only secured Josh’s rights to nursing care within the school, but her victory paved the way for other families. Now the school must notify every family whose child needs nursing care that they are entitled to support in school.

Debbi constantly found herself in circles with The Arc, including a fundraiser at the home of a family that had two daughters with disabilities. That led to leadership roles in chapters of The Arc—from serving on the Board of The Arc of Dakota County to The Arc of Minnesota and as Board Chair for The Arc of Greater Twin Cities. Debbi has been involved in so many aspects of community advocacy, including working with local and federal legislators. She’s also a published writer illuminating caregiving and equity issues in medical journals.

Debbi’s exceptional contributions earned her the prestigious Betty Hubbard Family Advocacy Award from The Arc of Minnesota in 2013. Her family got to witness her receiving the award. “It meant a lot that they were able to be proud of me in that way,” Debbi shares.

Debbi Harris posing with her son Josh.Once The Arc of the United States got word of Debbi’s powerhouse advocacy, we invited her to apply for the Board. Her proudest volunteer moments have been spearheading the creation of The Arc’s anti-racism position statement and filming a campaign for paid leave in her home. For Debbi, The Arc provides community, kinship, and collective power to drive social change. She points to our strong advocacy at the heart of improving quality-of-life for people with intellectual and developmental disabilities (IDD). And, as she adds, our work is “authentic, grassroots, and rooted in the lived experiences of people with disabilities. We see dignity in all people and we’re willing to make sure that everyone sees that dignity.”

For over 25 years, Debbi’s been on a mission to teach parents how to effectively advocate for their children and to shine a spotlight on the marginalization of people with IDD and the caregiving crisis—and that mission continues today. Debbi is eager to continue leveraging her passion, wisdom, and connections to uplift the disability community nationwide. Her relentless drive reminds us that within all of us lies the power to champion inclusive communities.