NCD Bulletin
A Monthly Publication of the National Council on Disability (NCD)

Marca Bristo, Chairperson
March 1999

The Bulletin, which is free of charge, and at NCD’s award-winning Web site (http://www.ncd.gov), brings you the latest issues and news affecting people with disabilities. To subscribe or unsubscribe to the NCD listserv, send a blank e-mail to add-bulletin@list.ncd.gov or remove-bulletin@list.ncd.gov. No need to write anything in the subject line or body. Please send your editorial comments to Bulletin editor Mark S. Quigley (mquigley@ncd.gov).

NCD Releases Report on Improving Enforcement of Civil Rights of Air Travelers with Disabilities

On March 18, the National Council on Disability (NCD) released a groundbreaking report documenting ineffective enforcement of the Air Carrier Access Act (ACAA) since the law's passage in 1986. NCD's report, Enforcing the Civil Rights of Air Travelers with Disabilities, contains recommendations on how to improve enforcement, including changes to the law and improvements for the Department of Transportation. At the news conference, NCD chairperson Marca Bristo said, "The negative experiences of disabled travelers go beyond the typical hassles all air travelers encounter. When you are dropped or mishandled by poorly trained staff who treat you like an inconvenient piece of luggage, when you can't get critical information because it is not provided in an accessible format, you are left with the feeling that you don't count, that your dignity as a human being has been violated." Bristo added, "Unfortunately, NCD has found that although things have improved since ACAA was passed in 1986, people with disabilities continue to encounter frequent, significant violations of their civil rights. When they complain, they encounter an enforcement effort that is both inconsistent and limited in scope." The report, available at NCD's award-winning Web site (http://www.ncd.gov), includes legislative proposals for ACAA, the Federal Aviation Act, and passenger bill of rights legislation sponsored by the President and Congress. It is the first in NCD's "Unequal Protection Under Law" series of independent analyses of federal civil rights enforcement for Americans with disabilities. Stay tuned for upcoming reports on federal enforcement of the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA).

NCD was gratified by the large number of e-mail messages from interested air travelers with disabilities who wanted to tell their horror stories to the media. A special thanks to those who took the time to write.

Disability Civil Rights Update

NCD filed an amicus curiae brief in support of the respondents to the U.S. Supreme Court in the case of Olmstead v. L. C. (No. 98-536), which could have a profound impact on ADA and all people with disabilities and their families. The case involves two people with mental disabilities who were housed in a state psychiatric hospital and who charged that the state failed to provide them with care in the most integrated setting appropriate to their needs, thus violating ADA. Under many current state laws, there is no obligation to provide these services. The 11th Circuit Court declared that the State of Georgia had failed to place the plaintiffs in an appropriate community-based treatment program. The Supreme Court will hear oral arguments on April 21, with a decision expected by this summer. NCD's amicus brief is available online. The ADAPT rally in support of disability rights and opposing the Olmstead v. L. C. threat to community living is scheduled for noon on Wednesday, May 12, 1999, on the steps of the U.S. Supreme Court. For more information on the rally, call 512-442-0252 or 303-733-9324.

Legislative Update

The Work Incentives Improvement Act of 1999 (S.331), also known as the Jeffords-Kennedy-Roth-Moynihan work incentives bill, continues to gain momentum in the U.S. Senate. At present, there are 69 cosponsors to this bill, 45 Democrats and 24 Republicans. This legislation, when enacted, will amend the existing eligibility rules for SSI and SSDI to make it easier for people with disabilities to reenter the workforce. It will create a state option to allow beneficiaries to extend their health coverage when they return to work. The bill, which comes under the jurisdiction of the Senate Committee on Finance, now has two companion bills in the U.S. House of Representatives: H.R. 1091 and H.R. 1180. These bills were referred to the House Committee on Commerce and the House Committee on Ways and Means.

U.S. Senators John McCain (R-AZ) and John Kerry (D-MA) introduced a bill (S. 511) to amend the Voting Accessibility for the Elderly and Handicapped Act to ensure the equal right of people with disabilities to vote. The bill was referred to the Senate Committee on Rules and Administration.

On March 12, the Department of Education issued its final regulations implementing many changes to the 1997 reauthorization of IDEA. Copies can be obtained at http://www.access.gpo.gov/su_docs/aces/aces140.html.

Kevorkian Found Guilty as New Threat Emerges at Princeton

On March 26, Dr. Jack Kevorkian, who has assisted more than 130 people in committing suicide, was found guilty of murder in the death of a person in Detroit, Michigan, who had Lou Gehrig's disease.

According to published reports, Australian bioethicist Dr. Peter Singer was recently hired as the Ira DeCamp Professor of Bioethics at Princeton University's Center for Human Values. In his book Practical Ethics, Dr. Singer states, "Some doctors closely connected with children suffering from severe spina bifida believe the lives of the worst affected children are so miserable that it is wrong to resort to surgery to keep them alive." He further states, "When the life of an infant will be so miserable as not to be worth living...it is better that the child be helped to die without furthering suffering."