The United States Capitol Building

Disability Rights, Care Workers to Hold 24-Hour Vigil at the U.S. Capitol to Hold the Line on Care Funding

/in , , , , /by Pam Katz

As negotiations around the biggest jobs plan since the New Deal stall, care advocates from across the country will hold a 24-hour vigil outside the U.S. Capitol to urge elected leaders to hold the line on caregiving funding in the Build Back Better plan.

People with disabilities, direct care workers, older adults, and caregivers will share the steep health and financial costs that families pay as a result of poverty wages paid to care workers and long waitlists for home and community-based services (HCBS). Advocates traveling from states hard hit by COVID-19—including Tennessee, Texas and Kansas—will continuously read stories collected from thousands of impacted individuals—disproportionately people of color— across the country who aren’t able to travel to D.C. in part because they don’t have the paid leave, child care or long-term services that enable them to do so. Overwhelming majorities of people across the country want Congress to invest in long-term care and support the Build Back Better’s plan to do so.

WHAT:

A 24-hour vigil in front of the Capitol during which advocates will continuously read stories of those struggling to access home and community based services and to make enough money to care for themselves and their families. The vigil will culminate in a closing ceremony with advocates delivering boxes of printed out stories to members of Congress.

The event is co-hosted by ACLU, ADAPT, The Arc of the United States, Autistic Self Advocacy Network, AAPD, Bazelon Center for Mental Health Law, Be A Hero, Care Can’t Wait Coalition, Caring Across Generations, Little Lobbyists, Justice in Aging, National Council on Independent Living, National Domestic Workers Alliance, National Council on Aging, National Health Law Program, and SEIU.

WHEN: 

Vigil: Wed, Oct 6 at 7 pm to Thurs, Oct 7 at 7 pm

Closing Program: Thurs, Oct 7 from 6-7 pm

WHERE: 

Union Square in front of Capitol Reflecting Pool

The area is bounded by Pennsylvania Avenue, NW; First Street, NW/SW; Maryland Avenue, SW; and Third Street, SW/NW

Live Stream: https://fb.me/e/3WaL3atkg

WHO:

Closing ceremony speakers:

  • Bob Casey, S. Senator representing Pennsylvania
  • Maria Town, President and CEO, AAPD
  • Mike Oxford, National Organizer, ADAPT
  • Nicole Jorwic, Senior Executive Officer of State Advocacy and Public Policy, The Arc
  • April Verrett, President of SEIU, Local 2015

Vigil speakers available for media interviews:

  • Domonique Howell, a Black and disabled advocate from Philadelphia. She is an independent living specialist and co-chair of ADAPT’s housing work group.
  • Latoya Maddox, a Philadelphia-based Black disabled mother who has used home and community-based services for the past 17 years
  • Lydia Nunez, Ombudsman and organizer with Gulf Coast ADAPT in Texas. She is white and disabled and fights for home and community-based services for other people with disabilities and older adults.
  • Josue Rodriguez, a Latino organizer with El Paso ADAPT who uses HCBS for attendant services.
  • Family caregivers and care workers 

VISUALS:

People holding posters and banners featuring portraits of care workers, family caregivers, aging adults and people with disabilities. Miniature houses featuring portraits of care recipients, caregivers and care workers

BACKGROUND:

More than 800,000 people with disabilities are on waiting lists for home and community-based services (HCBS), such as in-home care, meal delivery, transportation services and respite care. The Better Care Better Jobs Act—introduced in the Senate by lead sponsor Sen. Bob Casey and in the House by lead sponsor Rep. Debbie Dingell and supported by over 480 organizations—provides a blueprint for how $400 billion investment in HCBS could support a profoundly undervalued and underpaid workforce and get hundreds of thousands of people off waitlists by helping to:

  • Increase access to HCBS: expanding financial eligibility criteria for HCBS and supports for family caregivers, and adopting programs that help people navigate enrollment and eligibility.
  • Make permanent “Money Follows the Person,” a federal demonstration program that helps aging individuals and people with disabilities transition back to their homes and communities from institutions by providing federal matching funds that incentivizes HCBS in states
  • Support oversight and monitoring of the quality of HCBS
  • Increase HCBS payment rates to promote recruitment and retention of care workers
The Arc logo

The Arc Recognizes Corporate Disability Champion Sephora With Catalyst Award

/in , /by The Arc

WASHINGTON, DC – The Arc is excited to announce Sephora as a recipient of its 2021 Catalyst Award. The award recognizes businesses, individuals, and other organizations that have made extraordinary contributions toward greater social inclusion and the advancement of the human and civil rights of people with intellectual and developmental disabilities (IDD).

“It is refreshing to see a beauty brand embrace what is truly beautiful – that people with disabilities belong. In its hiring, ongoing storytelling, and employee engagement, Sephora is genuinely committed to recognizing and advancing how people with disabilities contribute to the workforce and in society. We are proud to honor Sephora as a catalyst of change,” said Peter Berns, Chief Executive Officer of The Arc.

Sephora has demonstrated a deep commitment to creating an accessible and inclusive work environment for all, and one of the ways they do that is through their People with Disabilities program. Sephora proactively recruits for its distribution centers by partnering with communities, local advocacy groups, and educational institutions in hiring. They provide career training and support to set new employees with disabilities up for success. Sephora’s goal is to ensure at least 30% of the employee population across its distribution centers are people with disabilities and are on track to reach 12% by the end of 2021.

“At Sephora, providing equal employment opportunities, accessible and inclusive workplaces for people with disabilities is at the core of our values, and one of the key areas of focus in our Diversity & Inclusion Heart Journey,” said George-Axelle Broussillon Matschinga, Vice President of Diversity & Inclusion at Sephora. “As a leader in disability rights, it’s an honor to partner with The Arc to bring our commitments to life, highlighting inclusion in all our efforts, and advocating for individuals with disabilities. We are so honored to be a recipient of the 2021 Catalyst Award and to be recognized for the work we are doing to cultivate accessible environments where our employees can feel like they belong.”

Sephora’s robust charity work with all kinds of social justice organizations, including The Arc, impacts society beyond the workforce. As a Charity Rewards Partner this October, The Arc will have the opportunity to reach all of Sephora’s diverse clients, with the option to donate their points into dollars and learn more about our cause. This kind of support buoyed us in 2020, a year of unprecedented challenges, and will do so again this year as we continue to face the COVID-19 pandemic.

“We are proud to support Sephora’s commitment to meaningful employment for people with intellectual and developmental disabilities, and we are thrilled to be working alongside them to raise awareness of the inner and outer beauty of people with disabilities, in a society that should embrace authenticity and acceptance,” said Berns.

The Arc’s Catalyst Awards began in 2015 to recognize individuals and organizations that are changing how society perceives and treats people with disabilities. Each honoree has done something remarkable that helps fulfill The Arc’s mission to promote and protect the human rights of people with IDD.

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. The Arc has a network of 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 and without regard to diagnosis.

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.

A young man sits smiling on a white couch with white blinds in the background. He is wearing a black shirt with the yellow word "ARMY" on it.

The Arc Recognizes Neli Latson and Lisa Alexander With Catalyst Award

/in , , , , /by The Arc

WASHINGTON – The Arc is honored to announce Neli Latson and his mother, Lisa Alexander as recipients of our 2021 Catalyst Award. The award recognizes individuals, businesses, and other organizations that have made extraordinary contributions toward greater social inclusion and the advancement of the human and civil rights of people with intellectual and developmental disabilities (IDD).

“We are honored to recognize Neli and his mother Lisa with The Arc’s most prestigious award. Their strength and commitment to fighting for what’s right and for the human rights of people with intellectual and developmental disabilities entangled in the criminal legal system is exemplary and should serve as a model to society. In the face of discrimination and mistreatment, Neli and his mother never stopped challenging injustice. They have been relentless in shining a light on the need to recognize and respect the humanity of all people, including those with disabilities. The Arc is proud to honor Neli and his mother as true catalysts of change,” said Peter Berns, Chief Executive Officer of The Arc.

Neli persevered in the face of unjust prosecution and abuse in the criminal legal system for more than a decade, throughout his 20s. Displaying courage and an urgency to bring about systemic change, Neli and his mother never gave up seeking justice and fighting for his freedom. They spoke truth: telling the world that Black people with disabilities and all BIPOC people with disabilities experience disparate treatment in policing, in the criminal legal system, and beyond.

Lisa displayed unwavering love and leadership, fighting for her son, throughout this long ordeal. The two are committed to ongoing advocacy to prevent other people with disabilities from suffering from such horrific abuse and discrimination.

In June of this year, after years of advocacy by Neli and his mother, The Arc of the U.S., The Arc of Virginia, a coalition of other groups, and Neli’s attorneys, Virginia Governor Ralph Northam granted Neli a full pardon.

The Catalyst Awards recognize individuals and organizations that are changing how society perceives and treats people with disabilities. Each honoree has done something remarkable that helps fulfill The Arc’s mission to promote and protect the human rights of people with IDD.

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. The Arc has a network of over 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 and without regard to diagnosis.

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.

Photo of desks in a classroom with dim, moody lighting

Federal Court Blocks Iowa’s Law Banning Masking Requirements in Schools

/in , , , , , /by The Arc

DES MOINES, Iowa — A federal district court today blocked Iowa’s law prohibiting schools from requiring masks. The court ruled that the law violates the civil rights of children with disabilities, including children with underlying conditions, who are more vulnerable to severe illness or death as a result of COVID-19.

The decision makes clear that children have a right under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act to equal access to their educations, which for some children with underlying conditions and disabilities, requires that schools implement universal masking requirements.

The district court recognized that “forcing children to bear the brunt of societal discord is ‘illogical and unjust’” and cited data showing that “the current level of the delta variant in Iowa has increased the infection rate and severity of infection. Some public schools in Iowa are experiencing COVID-19 infection rates at upwards of 60 percent that of last year’s total for the entire school year.” The court also cited data showing that the number of children hospitalized due to COVID-19 is also on the rise.

The decision comes in a case brought by the American Civil Liberties Union, ACLU of Iowa, Disability Rights Iowa, The Arc of the United States, and law firms Arnold & Porter and Duff Law Firm, P.L.C. on behalf of The Arc of Iowa and 11 parents of children with disabilities.

The following statements are from:

Shira Wakschlag, Senior Director of Legal Advocacy and General Counsel, The Arc of the United States:

“The court is making it clear that students with disabilities have the right to go to school safely during this pandemic. The Arc will continue fighting to ensure that students with disabilities are able to attend their neighborhood schools alongside their peers without disabilities without putting their health and their lives at risk.”

Rita Bettis Austen, legal director of the ACLU of Iowa:

“We are grateful to the district court for blocking this dangerous law, which put vulnerable kids in harm’s way and violated their civil rights in education. We are relieved that schools across the state will now be able to protect those kids as required by federal law. No parent should be asked to choose between the safety and health of their child and their child’s ability to go to school, but that’s exactly the position that this law put parents across Iowa in.”

Susan Mizner, director of the ACLU’s Disability Rights Program:

“This is a huge victory for our plaintiffs and all parents of children with disabilities who have been forced to choose between protecting the health of their children and ensuring they receive an education alongside their peers. This decision opens the door for schools across Iowa to take basic public health measures to protect their students. It also should send a message to other states that they cannot put politics above the rights and safety of students with disabilities. Disability rights laws were passed precisely for this situation – in which children with disabilities health and education would be sacrificed for the convenience of the majority. Banning the possibility that schools may require masks — in the middle of a pandemic — discriminates against school children with disabilities. All students with disabilities should be able to attend school safely, as federal disability rights laws guarantee.”

Catherine E. Johnson, executive director, Disability Rights Iowa:

“The order entered today restores our students’ with disabilities long-held civil rights of equal access to their education and full inclusion with their general education peers in the school curriculum and all other activities and programs offered by their school. Today is a monumental day for all plaintiffs, as well as all Iowans forced to choose between sacrificing their child’s health or education opportunities. Effective today, parents no longer have to make this impossible choice, their children are entitled to both.”

Photos and videos of some clients, attorneys, and organizational logos available here: https://drive.google.com/drive/folders/1-XIhBS5ZyNVRRh9lENyhqMbJi5PLqqky

More details about this case are here: https://www.aclu.org/press-releases/lawsuit-challenges-iowa-law-banning-schools-requiring-masks

The decision is here: https://www.aclu.org/legal-document/arc-iowa-v-reynolds-order-granting-temporary-restraining-order

This statement is here: https://www.aclu.org/press-releases/federal-court-blocks-iowas-law-banning-masking-requirements-schools

 

A person standing at a voting booth. Next to them is any empty voting station.

Lawsuit Filed Challenging New Texas Law Targeting Voting Rights

/in , , , /by Pam Katz

Today, the NAACP Legal Defense and Education Fund, Inc. (LDF), Reed Smith LLP, and The Arc filed a federal lawsuit on behalf of the Houston Area Urban League, Houston Justice, Delta Sigma Theta Sorority, Incorporated, and The Arc of Texas challenging S.B. 1, a new Texas law targeting voting rights. S.B. 1 includes a series of suppressive voting-related provisions that will make it much harder for Texas residents to vote and disenfranchise some altogether, particularly Black and Latino voters and voters with disabilities.

The lawsuit, which was filed in the United States District Court for the Western District of Texas, argues that S.B. 1 violates the First, Fourteenth, and Fifteenth Amendments of the United States Constitution and Section 2 of the Voting Rights Act by intentionally targeting and burdening methods and means of voting used by voters of color.

The Plaintiffs also claim that the law violates the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 and Section 208 of the Voting Rights Act by imposing voting barriers that will discriminate against voters with disabilities and deny people with disabilities full and equal opportunities to participate in the state’s voting programs.

The lawsuit challenges multiple provisions in SB 1, including:

  • Limitations on early voting hours and a ban on 24-hour voting.
  • The elimination of drive-thru voting centers.
  • The prohibition of mail-in ballot drop-boxes.
  • Limitations on the distribution of mail-in ballot applications.
  • Limitations and possible penalties for voter assistants, including criminal felonies.

Read the lawsuit challenging S.B. 1.

“Despite Texas legislators’ repeated and disingenuous attempts to cite ‘voter fraud’ as their reasoning for implementing S.B. 1, it is clear as day that this law was created to suppress votes,” said LDF Assistant Counsel Georgina Yeomans. “Rather than expand voting access, elected officials are making it harder for Texans to vote – especially voters of color, who will be disproportionately burdened. S.B. 1 was intentionally designed to have that effect.”

“Democracy should make it easier for eligible voters to vote, not harder,” said Ken Broughton, managing partner of Reed Smith’s Houston office. “Democracy should also increase voter turnout, not inhibit it. This legislation will prevent many qualified voters from voting because these laws are anti-voter.”

“Voter suppression is a disability rights issue. People with disabilities have the fundamental right to vote and participate in our democracy, but this right has too often been denied. S.B. 1 disenfranchises voters with disabilities and denies them equal access to voting in violation of federal disability rights laws,” said Shira Wakschlag, Senior Director, Legal Advocacy & General Counsel at The Arc.

“The Houston Area Urban League has a long history of supporting the disenfranchised. Any law that makes it harder for them to have their voices heard under the cloak of rampant voter fraud is disingenuous and contrary to our democracy,” said Houston Area Urban League President and CEO Judson Robinson III.

“The law at its core is anti-democratic and clearly designed to suppress the vote,” said Tina Kingshill, Coordinating Director of Houston Justice. “It will further hinder voting rights of low-income, pre-trial defendants of color unable to post bail who comprise over 70% of local and county jail populations. By prohibiting the expenditure of public funds to facilitate third-party distribution of applications to vote by mail, the law burdens non-profit voter outreach organizations with funding the printing costs of the applications. Many organizations will not have the funds for printing, so essentially the right to request and cast a ballot while incarcerated is taken away.”

“Delta Sigma Theta Sorority, Incorporated has been fighting for the rights of all U.S. citizens to vote for 108 years. It is our honor and responsibility to continue the fight against oppressive voting laws started by our Founders,” said Delta Sigma Theta President and CEO Beverly E. Smith. “S.B. 1 directly threatens the right to vote of over 20,000 members of Delta Sigma Theta Sorority and their family and friends in Texas, and we are committed to fight against S.B. 1 on their behalf.”

“Texas voters with disabilities are proud to participate in the democratic process and deserve equitable access to the polls, not more barriers,” said The Arc of Texas CEO Jennifer Martinez. “Unfortunately, these same Texans are accustomed to fighting for their civil rights and must continue to do so against the latest voter-suppression measures passed by the Texas Legislature.”

Texas is among more than 40 other states that have enacted legislative efforts to substantially restrict voting access. LDF and The Arc are also involved in litigation challenging Georgia’s restrictive voting law that also discriminates against voters of color and voters with disabilities. Read more here.

Woman on escalator wearing a face mask; she's holding a cell phone in one hand and her suitcase handle in the other

Lawsuit Challenges Iowa Law Banning Schools From Requiring Masks

/in , , /by Pam Katz

Eleven parents of children with disabilities and Iowa disability rights groups have filed a federal lawsuit today challenging an Iowa law that bans school districts from imposing mask mandates in schools. 

The parents and disability rights advocates are taking the action to protect children who are too young to be vaccinated whose disabilities, including underlying health conditions, make them particularly susceptible to severe illness, long haul COVID symptoms, or even death from COVID-19. They argue that the ban on mask mandates discriminates against these students in education, effectively excluding them from public schools and denying them equal access to education. That is a violation of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.

Earlier this year, the Iowa Legislature passed House File 847. It prevents local school districts from requiring anyone to wear a face mask and was signed into law by Gov. Kim Reynolds.

The lawsuit filed today is asking the district court to block the provision of the law prohibiting mask requirements at school as a violation of federal law (ADA and the Rehabilitation Act) and to order the state to allow school districts to adopt mask mandates for their students and staff. 

The clients in the case are The Arc of Iowa and 11 parents of minor children across the state with disabilities whose health could be at risk due to the enforcement of this provision. 

They are represented by the American Civil Liberties Union, the ACLU of Iowa, Disability Rights Iowa, The Arc of the United States, the Arnold & Porter law firm, and the Duff Law Firm, P.L.C. 

 

Charmain Alexander of Urbandale is one of the clients in the lawsuit. Her son, Corban, has asthma. “I am doing this to help create a safe environment not only for my own child but for all children, including those with disabilities and other conditions. You would think that schools would make the safety of their students their top priority, but unfortunately, that is not happening because of this law. 

“It’s important that children have the opportunity to learn in person. I think most parents have seen that over the last year. But what are you supposed to do when you’re in my position and are afraid that if you send your child to school so that they can keep up with their education, you’re afraid that the worst might happen?”

Another client, Heather Preston of Des Moines has two school-age children. One has a rare organ disorder, which her doctor has advised her puts him at risk for serious illness if he contracts COVID. 

“I know that a parent can’t protect their child from all things, but they have a responsibility to protect them from serious safety threats. And for my son, going to a school where not everyone is wearing masks puts him at huge risk. Meanwhile, because of his needs, he needs to be learning in person.

  “It’s terrifying for a parent to have to worry every day about the physical safety of their child, and to have to choose between their child keeping up with their education and their child becoming seriously ill, or perhaps even dying. That’s a choice no parent should have to make. I want my children to come home safe from school.” 

ACLU of Iowa Legal Director Rita Bettis Austen said, “HF 847 is a civil rights violation that puts vulnerable kids in a dangerous situation. We all should be able to agree that it’s not fair to force kids out of school because they have health conditions and disabilities that put them at a higher risk of serious complications from COVID. It’s also not fair to require parents to expose their children to these risks just so they can go to school. We are asking the court to block HF 847 so that our schools will be able to require masks when necessary to ensure an equal education for all kids.

Susan Mizner, director of the ACLU’s Disability Rights Program, said, “Prohibiting schools from taking reasonable steps to protect the health of their students forces parents to make an impossible choice: their child’s education or their child’s health. Students with health conditions or disabilities that make them vulnerable to COVID have a right to attend school without endangering their health or safety. Schools who have children with these conditions have legal obligations under federal disability rights laws.”

“Under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, public schools cannot exclude students with disabilities nor deny them equal access to their education or segregate them unnecessarily. Schools are obligated to provide reasonable modifications to policies, practices, and procedures in order to give students with disabilities an equal opportunity to benefit from their public education,” Mizner said. 

“The COVID-19 pandemic has not absolved Iowa schools from these requirements, and Iowa officials cannot waive these obligations for them,” Mizner said. 

Doug Cunningham, Executive Director of The Arc of Iowa, an advocacy organization for people with intellectual and developmental disabilities, said, “This should not be a political issue. It’s an issue that affects the health and wellbeing of the children with disabilities in our state, and I would like to think that all political groups embrace that basic principle.” 

“This law is making it impossible for many students to go to school. I see first-hand how families have to make an awful choice—the health or safety of their child or their education. Being safe at school is a right. Getting an education is a right. I’m hopeful this lawsuit will correct this terrible situation that our state government is creating for nearly any family in the state who has a school-aged child with a condition threatened by COVID,” Cunningham said. 

Catherine (pronounced kath-REEN) E. Johnson, Executive Director of Disability Rights Iowa, said, “Excluding students with disabilities from public education was routine practice prior to Congress enacting federal protections. For more than 40 years, students with disabilities have been protected from discrimination based on disability by Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. These federal laws guarantee students with disabilities the right to equal access to a public education alongside their general education peers. HF 847 effectively excludes students with disabilities from public education and denies them equal access, in violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. We request the court block HF 847 so that public schools can comply with their obligations under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act, and restore our students with disabilities civil rights to equal access to education.”

Other clients have also provided statements:

Erin Vercande of Decorah has a child who has cerebral palsy as well as epilepsy and has strokes. 

“COVID has hit the community of disabled children and their families especially hard. My son loves school. He loves his classmates, teachers, associates, and therapists. He loves and needs the stimulation from the other children at school and all the fun things he gets to participate in. But he’s at risk of serious illness if he gets COVID,” Vercande said. 

“With the mask mandate ban this year and other factors within our school district, my son is currently unable to attend school. The mask mandate ban is in direct violation of precautions recommended by his doctors for him to be able to attend school safely. My son has a legal right to go to school. Our state is denying him, and others like him, that right. My son doesn’t have a voice to fight for his rights. But I do. And I will fight for him and all the other children like him that are being denied that right.” 

Jonathan Craig, a Waterloo father of four children impacted by the ban, said, “Every child deserves an education in a safe environment. As the father of four children, two of whom are immunocompromised and have chronic illnesses, I’ve seen first-hand the devastating effects of what happens when children are not afforded their right to a safe and equitable public education,” Craig said. 

“Because masks aren’t allowed to be required in public schools in Iowa this year, our pediatrician recommended that all four of our children, who are too young to be vaccinated, stay home and learn through virtual learning, as contracting COVID-19 would be life-threatening to our family,” Craig said. 

“Because of my daughter’s physical and developmental disabilities, she isn’t able to engage with virtual learning and we’re heartbroken to watch her fall through the cracks. We’ve seen our son (who has worked incredibly hard to overcome his own learning difficulties) flourish during his years of in-person schooling but he has fallen behind academically and socially since learning behind a screen for eight hours a day,” he said. 

“If school districts could mandate masks the way they were able to last year, it would give kids like mine the chance to have an equitable educational opportunity and we could make the best decisions for our family’s health,” Craig said. 

The complaint can be found here.

A crowd of graduating students against a black backdrop. They are all raising their right arm and turning the tassels on their caps to the other side.

New U.S. Department of Education Regulation Provides Relief to People With Disabilities

/in , /by The Arc

Washington, D.C. – The Arc is pleased that the U.S. Department of Education announced a major step in removing barriers in the path of people with disabilities who pursue an education and career goals. The Arc advocated relentlessly for these changes in response to the outcry from people with disabilities across the country.

The Department’s new regulation will provide important relief to more than 323,000 people with disabilities who have outstanding student loans. These borrowers will receive more than $5.8 billion in automatic student loan forgiveness, without having to jump through bureaucratic barriers to access loan forgiveness. The new policy removes these barriers by automating the process and eliminating burdensome paperwork.

“We are encouraged that The Department of Education is implementing recommendations made by The Arc and other advocates to better serve people with disabilities and get rid of these obstacles to financial stability and achieving goals. This is also a huge step toward making sure that people with disabilities do not risk losing their Social Security benefits if they cannot navigate the bureaucratic discharge process. This change helps ensure that government systems work for people with disabilities,” said Peter Berns, Chief Executive Officer of The Arc of the U.S.

The Arc logo

The Arc and Coalition of Disability and Civil Rights Organizations Urge Court to Allow Britney Spears to Select Her Own Attorney in Conservatorship Case

/in , , , , /by The Arc

Washington, D.C. – The Arc, with a coalition of 25 civil and disability rights organizations, joined an amicus brief filed Monday by the American Civil Liberties Union (ACLU) and the ACLU Foundation of Southern California in support of Britney Spears’ right to select her own attorney for her conservatorship proceedings. The brief also urges the Superior Court of Los Angeles County to ensure Ms. Spears has access to assistance and tools to select her attorney, including Supported Decision-Making.

Ms. Spears is currently under a probate conservatorship and has been represented by a court-appointed attorney for most or all of the 13-year duration of her conservatorship. On June 23, Ms. Spears told the court that she wishes to choose her own attorney. On July 6, Ms. Spears’ court-appointed attorney asked to resign from her conservatorship case.

Often in conservatorships, judges appoint a lawyer to represent a conservatee without allowing the person under conservatorship any say in this decision. The amicus brief argues that the right to choose one’s own attorney is a core element of the Sixth Amendment right to counsel, and people under a conservatorship should be able to retain this right. The brief also provides background to the court on how Supported Decision-Making could be an effective tool for Ms. Spears to use in choosing her own representation.

Supported decision-making allows a person to retain their legal rights while getting support with decision-making from those they choose and trust. Supported Decision-Making does not require court involvement and can be combined with other legal tools, such as powers of attorney and advance health care directives, that promote self-determination and autonomy.

“For many years, The Arc has advocated for the rights of people with intellectual and developmental disabilities to participate to the maximum extent possible in making and executing decisions about themselves and to ensure their civil and human rights are retained and enforced, regardless of conservatorship or guardianship status,” said Peter Berns, CEO of The Arc. “Ms. Spears has the right to self-determination in selecting her own attorney and The Arc will continue to advocate to ensure such rights—for Ms. Spears and the disability community more broadly—are protected in the courts.”

The United States Capitol Building

Better Care Better Jobs Act Will Make Huge Investment in Disability Services

/in , , , , , /by Pam Katz

The system that provides supports and services for people with intellectual and developmental disabilities (IDD) and their families has fallen far short of their needs for decades, and the COVID-19 pandemic exposed and worsened this reality.

The Better Care Better Jobs Act (BCBJA) introduced today will make a huge investment necessary to change disability services into the future. This bill puts into motion the proposals that were included in President Biden’s American Jobs Plan, which prioritizes the crumbling care infrastructure in this country and recognizes the importance of fixing it and building back for the future.

“Every day, people with disabilities are waiting for their lives to start and often going without the supports they need to achieve their goals. Families that want a different life than an institution or nursing home are forced to navigate a patchwork system of supports with waits and no guarantees. Family members are often forced to either quit or limit their job choices to provide care due to lack of services. And the direct care workforce is underpaid and undervalued.

“We are desperately overdue for a huge investment in disability services. The Better Care Better Jobs Act introduced today will be a game-changer and must be enacted quickly for the disability community to be a part of our economic recovery from this disastrous pandemic,” said Peter Berns, CEO, The Arc.

When the BCBJA becomes law, it will provide huge funding enhancements to states which focus on improving and expanding their Medicaid home and community-based services (HCBS) delivery system. The bill would provide funding to expand access to services for people who are currently on waiting lists for these vital services, and create more and better direct care jobs for the paid workforce that provides these services.

Learn more about how HCBS are vitally important to the lives of people with IDD and their families.

A young man sits smiling on a white couch with white blinds in the background. He is wearing a black shirt with the yellow word "ARMY" on it.

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

/in , , , /by Pam Katz

After more than a decade of unjust prosecution and abuse in the criminal justice system, Neli Latson, a Black man with multiple disabilities, is finally a free man. Virginia Governor Ralph Northam granted Mr. Latson, 29, a full pardon late Monday.

A young man sits smiling on a white couch with white blinds in the background. He is wearing a black shirt with the yellow word "ARMY" on it.

Mr. Latson, who has autism and intellectual disability, 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, which began in 2010, 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.

The Arc has been seeking justice for Mr. Latson for more than a decade. A coalition of nearly 50 advocacy groups and legislators sent a letter to Governor Northam in July 2020 calling for him to grant Mr. Latson a full pardon. With tremendous relief, we thank Governor Northam for issuing the well-deserved full pardon. And on today’s 22nd anniversary of the Supreme Court’s landmark Olmstead decision, we are even more deeply reminded that people with disabilities are members of the community – not to be shut away and restricted because of their disability.

In 2010, Mr. Latson was an 18-year-old special education student, 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 and Autistic Self Advocacy Network, 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. Today’s pardon from Governor Northam recognizes Mr. Latson’s success since 2015 and relieves him from that ongoing threat.

“Neli Latson has spent almost his entire adult life entangled in a legal system that criminalized his disability and race. We believe Governor Northam’s full pardon will end this painful chapter of Mr. Latson’s life so that he can move forward. However, it is important to acknowledge that this blatant injustice has caused devastating harm to Mr. Latson and his family. The Arc will always fight for the rights of people with intellectual and developmental disabilities in the criminal justice system and against the systemic racism that deepens the indignity. This moment proves that advocacy matters,” said Peter Berns, Chief Executive Officer of The Arc of the United States.

“Justice should never have been delayed for Neli,” said Tonya Milling, Executive Director of The Arc of Virginia. “Yet we are thrilled that his decade-long struggle has finally come to a conclusion, and he will now be able to move forward with all the numerous opportunities that he should have been able to experience all along.

“Archaic and biased systems continue to exist all around us – particularly for BIPOC and other marginalized individuals with intellectual and developmental disabilities. For many years, The Arc of Virginia has worked both independently and with a broader coalition of advocates, towards desperately-needed reforms in how intellectual and developmental disabilities are viewed and treated in the criminal justice system. In the years since Neli’s unjust conviction, we have seen steps of progress in legislative policy. One example is legislation recently signed into law, that specifies in Code that intellectual and developmental disabilities may be considered at various junctures and touch points of the court system – ensuring that all defendants can be provided every opportunity for fairness and justice throughout the process.

“It is impossible to undo all the harm that was caused to Neli, but Virginia can and must continue working to prevent future harm from being inflicted on individuals with intellectual and developmental disabilities and their families. The Arc is wholly committed to continuing our partnership with advocates and legislators, on measures that will ensure justice for all,” said Milling.

“We’re excited that after years of advocacy, Neli Latson will soon be free to engage with the community on his own terms. We recognize that the restrictions he was forced to follow – including isolation in institutional settings – functioned as a form of continued incarceration even after his release from prison. We’re very grateful to the many community members who fought for Neli by writing letters, making calls, and continuing their advocacy even after the initial pardon was issued,” said Sam Crane, Legal Director of Autistic Self Advocacy Network.

 

For more information, contact:

Kristin Wright, The Arc of the United States, wright@thearc.org or 202.617.3271

Tonya Milling, The Arc of Virginia, tmilling@thearcofva.org or 804-649-8481 x.101

Sam Crane, Autistic Self Advocacy Network, scrane@autisticadvocacy.org