Better Care Better Jobs Act: What Grassroots Need to Know

/in , , , , /by Pam Katz

Learn the basics about the Better Care Better Jobs Act and how it would transform Medicaid home and community-based services (HCBS).

The proposed $400 billion in funding would increase access to services and provide a long-overdue investment in the direct care workforce that delivers these services to people with disabilities and aging adults all over the country. You will hear from lawmakers about what we can expect in Congress and from consumers about the importance of Medicaid-funded HCBS and policy priorities that enable people with disabilities and older adults to live in their homes and communities.

Organized By:
The Arc of the United States, ACLU, AAPD, ANCOR, ASAN, Justice in Aging, Caring Across Generations and National Domestic Workers Alliance

Co-Sponsored By:
Care Can’t Wait, Disability and Aging Collaborative , and the Consortium for Citizens with Disabilities

Planned Giving: What You Need to Know to Benefit

/in /by Pam Katz

Planned giving is different than traditional fundraising methods, and therefore require different tactics. Learn from an expert on how to attract planned giving donors. Our speaker, Dan Naylor is the Trust Development Officer for the American Bank of Texas, with a proven history of working with non-profits to support their development goals.

Download the presentation here.

Collaborate, Train, and Engage: Diverting People With Intellectual and Developmental Disabilities

/in , , , , /by Pam Katz

Hosted by The Council of State Governments (CSG) Justice Center and Bureau of Justice Assistance (BJA)

While local providers across the country are increasing their awareness of people with intellectual/developmental disabilities (IDD) in their criminal justice systems, they may encounter challenges when seeking appropriate diversion programming for this population. This webinar will discuss best practices that localities can implement to improve cross-system collaboration, family engagement, identification, and accessibility of services that meet the needs of people with IDD. Speakers will also describe how consistent evaluation of diversion outcomes assists with sustaining successful efforts and the creation of action plans to address gaps. Participants will hear from an author and person diagnosed with autism about his experience with the criminal justice system and how diversion could have been beneficial in his case.

Speakers:

Leigh Ann Davis, Director of Criminal Justice Initiatives, The Arc
Nick Dubin, Author/person with lived experience
Maria Fryer, Justice Systems and Mental Health Policy Advisor, Bureau of Justice Assistance, U.S. Department of Justice
Reginald “Reggie” Thomas, Criminal Justice & Disability Fellow, The Arc
Felicia Lopez Wright, Policy Analyst, Behavioral Health Division, the CSG Justice Center

Neli Latson Pardon

/in , , , /by Pam Katz

Overview: In 2010, Mr. Latson was an 18-year-old with autism and intellectual disability, waiting outside his neighborhood library in Stafford County, Virginia for it to open. Someone called the police reporting a “suspicious” Black male, possibly with a gun. Mr. Latson had committed no crime and was not armed. The resulting confrontation with a deputy resulted in injury to an officer when Mr. Latson understandably resisted being manhandled and physically restrained. This was the beginning of years of horrific abuse in the criminal justice system. Prosecutors refused to consider Mr. Latson’s disabilities, calling it a diagnosis of convenience and using “the R-word,” and rejected an offer of disability services as an alternative to incarceration. Instead, Mr. Latson was convicted, sentenced to ten years in prison, and punished with long periods of solitary confinement, Taser shocks, and the use of a full-body restraint chair for hours on end for behaviors related to his disabilities.

Virginia and national disability advocates, including The Arc urged then-Virginia Governor Terry McAuliffe to pardon Mr. Latson. In 2015, with bipartisan support from state legislators, Governor McAuliffe granted a conditional pardon. Although this released Mr. Latson from prison, it required him to live in a restrictive residential setting and remain subject to criminal justice system supervision for ten years. The terms of the 2015 conditional pardon meant Mr. Latson could be sent back to jail at any time, causing constant anxiety.

The Arc and other advocates continued to push for a full pardon which was finally granted by Governor Ralph Northam in 2021. The full pardon from Governor Northam recognizes Mr. Latson’s success since 2015 and relieves him from that ongoing threat. Mr. Latson now has the chance to live a satisfying and self-directed life in the community, free from burdensome, unfair restrictions and the constant threat of reincarceration, but unfortunately never free from the painful truth that Black people with disabilities live at a dangerous intersection of racial injustice and disability discrimination. Mr. Latson’s case galvanized disability rights activists, bringing national attention to overly aggressive and sometimes deadly policing, prosecution and sentencing practices and the horrifying mistreatment of people with disabilities in jails and prisons.

Case Documents

Pardon of Reginald Latson

Request for Complete Pardon and Other Relief for Reginald Latson

Press Releases

The Arc Calls on Governor McAuliffe to Grant Conditional Pardon for Neli Latson Immediately

The Arc Demands Full Pardon for Neli Latson, a Young Black Man With Autism, to Rectify Injustice

Coalition Demands Governor Northam Grant a Full Pardon of Neli Latson, a Young Black Man With Disabilities Subjected to a Decade of Injustice

Advocates Applaud Full Pardon of Neli Latson, a Young Black Man with Disabilities, After Decade of Injustice

Related Media

Washington Post: Stafford County woman confronts issues of race, autism after son’s arrest

Washington Post: Neli Latson is — finally — free. It only took 11 years, two governors and a national conversation about race and disability

The Hill: Amid Black Lives Matter protests, advocates seek pardon for autistic Black man convicted in 2010

Washington Post: Remember Neli Latson, the black teen with autism who seemed ‘suspicious’ sitting outside a library? Ten years after his arrest, he still isn’t fully free.

The Hill: Criminal injustice towards autistic individuals and the regrettable necessity of labeling autism a disability

Dallas Morning News: The U.S. justice system has an autism problem

Washington Post: In Va. assault case, anxious parents recognize ‘dark side of autism’

The Hill: Racial justice, disability rights, neurodiversity and cross-movement solidarity

OZY: Are Police Finally Learning to Deal With Autism? 

The Hill: Law enforcement’s efforts at greater autism awareness

Washington Post: Ruth Marcus: In Virginia, a cruel and unusual punishment for autism

Washington Post: A Black disabled teen went unheard in prison. People are now listening.

Prepared4ALL: Whole Community Inclusive Emergency Planning

/in , , , /by Pam Katz

This free course, created by AUCD, is designed to increase your knowledge about whole community emergency planning, including COVID-19 planning, as well as provide you the basic information needed to connect with your own local emergency planners, public health professionals, and community.

How Marginalized Families Are Left Behind in Disability Education Services and How to Address It

/in , , , , /by Pam Katz

Historically marginalized families face many barriers in regards to education service access and supports. These disparities have significant implications on both children and their families long past graduation. In this webinar, learn about the barriers faced, the historical and systemic factors that contribute to them, and the long-term implications. Attendees will also engage in an exercise to develop advocacy plans in their communities to address these issues and create meaningful change.

Speaker Bio: Dr. Jamie Pearson, a former behavioral interventionist and autism program consultant, is an Assistant Professor of Special Education in the Department of Teacher Education and Learning Sciences at North Carolina State University. Dr. Pearson earned her PhD in Special Education from the University of Illinois at Urbana-Champaign where she developed FACES, a parent advocacy program designed to support African American families of children with autism.

Download the presentation here.

For further questions, please email school@thearc.org.

Examining How Crisis Standards of Care May Lead to Intersectional Medical Discrimination Against COVID-19 Patients

/in , , , , , /by Pam Katz

Black, Indigenous and People of Color, disabled people, higher weight people and older adults have historically experienced and continue to experience discrimination by medical professionals. In health care settings, members of these communities face pervasive negative biases and inaccurate assumptions about their value, quality of life, capacity to communicate and make decisions, and likelihood of survival.

During the COVID-19 pandemic, these biases can have serious and even deadly consequences. Such biases may be exacerbated when hospitals are faced with scarce resources and must make decisions about which critically ill patients should receive treatment. The “crisis standards of care” which are used by many states and hospitals to make these decisions, have too often reflected these biases. It is crucial that these standards be tailored to avoid unlawful discrimination.

This guide provides: (1) an explanation of what crisis standards of care are and how they may perpetuate discrimination; (2) the principles that should apply to crisis standards of care to prevent discrimination; (3) the civil rights laws that apply to the use of crisis standards of care; and (4) recommended strategies to ensure the non-discriminatory application of crisis standard of care guidelines.

American Rescue Plan HCBS Funding: What You Need To Know

/in , , , /by Pam Katz

Learn about the guidance released on May 12, 2021 by the Center for Medicare and Medicaid Services (CMS) about how states can use the funding, as well as the guidance on supplementing and not supplanting federal funds. With state plans for spending due on June 12, you can learn what you need to do to ensure the funding coming into your state to strengthen and expand access to HCBS is spent well.

Download the presentation here.

Presenters:

  • Jennifer Lav, Sr. Staff Attorney, National Health Law Program (NHeLP)
  • David Machledt, Sr. Policy Analyst, National Health Law Program (NHeLP)

Sixth District of the African Methodist Episcopal Church v. Kemp

/in , , /by Pam Katz

State: Georgia

Filed: 2021

Court: U.S. District Court for the Northern District of Georgia

Plaintiffs: Sixth District of the African Methodist Episcopal Church, Delta Sigma Theta Sorority Inc., Georgia Muslim Voter Project, Women Watch Afrika, Latino Community Fund Georgia, Southern Christian Leadership Conference, The Arc Georgia, Georgia Advocacy Office, and Georgia ADAPT.

Defendants: Governor Brian Kemp and other state and local election officials

Counsel: Southern Poverty Law Center, ACLU, NAACP Legal Defense Fund, Wilmer Hale, Davis Wright Tremaine, The Arc of the United States

Overview: After Georgia voters turned out in record numbers for the 2020 presidential election and U.S. Senate elections in early 2021, state legislators passed a sweeping – and unconstitutional – voting law that threatened to massively disenfranchise voters, particularly voters of color and voters with disabilities. This lawsuit challenges multiple provisions of the law, also known as SB 202, including the following items.

  • A ban on “line warming,” where volunteers provide water and snacks to people waiting in long lines to vote, a common occurrence at precincts with a large population of voters of color.
  • A severe restriction on the use of mobile voting units, which have been used to address a shortage of accessible and secure polling locations that previously resulted in long lines of voters at existing and traditional polling locations.
  • Additional and onerous identification requirements for requesting and casting an absentee ballot.
  • A compressed period for requesting absentee ballots.
  • Restrictions on the use of secure ballot drop boxes.
  • Disqualification of provisional ballots cast in a voter’s county of residence but outside the voter’s precinct before 5 p.m. Previously, votes for all the races to which the person was eligible to vote on that precinct’s provisional ballot were counted.
  • A drastic reduction of early voting in runoff elections.

Voters with disabilities have received scant attention in Georgia’s battles over voting rights but have borne the brunt of historical and continuing discrimination and neglect in all spheres of public life. Rather than celebrating the strong turnout in the 2020 general election and runoffs, S.B. 202 doubles down on making voting even more inaccessible for the disability community.

The law was debated and passed by both houses of the Georgia Legislature and signed by Governor Brian Kemp, all in under seven hours. The legislation was passed despite state officials praising the recent elections for their integrity, safety, and security. The lawsuit describes how the law violates voter protections under the 14th and 15th Amendments as well as Section 2 of the Voting Rights Act, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act.

The plaintiffs represented in the case include organizations whose get-out-the-vote activities will be negatively impacted by SB 202 and people most directly affected, such as Black voters, new citizens, religious communities, and people with limited English proficiency.

Case Documents

First Amended Complaint

Plaintiffs Opposition to State Defendants’ Motion to Dismiss

Order Denying Motion to Dismiss

Motion for Preliminary Injunction on ADA Claims

Declarations in Support of Motion for Preliminary Injunction on ADA Claims

Expert Report of Dr. Lisa A. Schur

Plaintiffs Reply Brief on Motion for a Preliminary Injunction on ADA Claims

Plaintiffs’ Opposition to Defendants’ Motion for Summary Judgment on Additional Provisions

Plaintiffs’ Opposition to Defendants’ Motion for Summary Judgment on Jurisdiction

Plaintiffs’ Opposition to Defendants’ Motion for Summary Judgment on Absentee Ballot Claims

Plaintiffs’ Opposition to Defendants’ Motion for Summary Judgment on Drop Box Provisions

Plaintiffs’ Opposition to Defendants’ Motion for Summary Judgment on Changes in Timing

Statement of Interest of the United States

Case Resources

Southern Poverty Law Center Case Page

Southern Poverty Law Center: Nonprofit that helps people with disabilities cast ballots joins SPLC suit against voter suppression law

Webinar: “Battle for Representation: A Fight to Protect and Expand Access to the Ballot” | Webinar Transcript 

Press Releases

Georgia-based Disability Rights Groups Join Fight Against Georgia’s Anti-Voter Law S.B. 202

Federal Court Allows Lawsuit Challenging Georgia’s Voter Suppression Law to Proceed

Voting and Civil Rights Groups Challenge Inequity in Access to Voting Under Georgia Law

Related Media

Huffington Post: Disability Rights Groups Join Lawsuit Over Georgia Voter Suppression Law

Blackstar News: Disability Rights Groups Join Fight Against Georgia’s Anti-Voter Law S.B. 202

New York Times: G.O.P. Bills Rattle Disabled Voters: ‘We Don’t Have a Voice Anymore’

2021 Talks: Disability advocates fight Georgia’s new voting law

Newsweek: Trump-Appointed Judge Says 8 Lawsuits Challenging Georgia’s New Election Law Can Proceed

The Hill: Judge clears way for legal challenge to Georgia’s restrictive voting law 

The Atlanta Journal-Constitution: Judge denies attempts to dismiss lawsuits over Georgia voting law

Pew: Voters with Disabilities Face New Ballot Restrictions Ahead of Midterms

The Arc Georgia’s Grassroots Connectors (Video)

USA Today: New election laws could create barriers for voters with disabilities

CNN: How new voting restrictions threaten ballot access for disabled voters

Southern Poverty Law Center: Voting Rights Organizations Move to Block Provisions in Georgia’s Anti-Voter Law in 2022 Election Cycle 

Time: Millions of Georgians Have Voted. It Hasn’t Been Easy for Everyone

ACLU: Here’s How Georgia’s New Voting Law Harms Voters With Disabilities

Talk About Sexual Violence Phase 3 Introduction

/in , , , , , /by Pam Katz

Now in its third year, the Talk About Sexual Violence project will build on its success by not only preparing health care professionals to have much-needed conversations about sexual violence with people with IDD, but to know how to use a supported decision-making lens that supports victim-centered approaches. This flyer gives an overview of the Phase 3 project focus and related information.