Presented by Geoff Ames, April23, 2014

For the Consortia of Administrators for Native American Rehabilitation Midyear Training Conference: Renewing Our Spirit

The Human Rights of People with Disabilities

Disclaimer

Information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA.

ADA Center authorized by NIDRR to provide information, materials, and technical assistance to individuals and entities that are covered by the ADA.

Regional Centers

www.adata.org

ADA Center Functions

Technical Assistance / ADA Information Referral & Networking with other Disability

Organizations Research Training

Material Dissemination

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Meeting the Challenge, Inc.

Operates the Rocky Mountain ADA Center project Generates materials and products that support

accessibility Offers customized implementation services Provides training on various disability rights laws

MTC Implementation Services

Providing customized solutions for: Municipal Self Evaluations and Transition Plans Municipal and County Facility and Program Accessibility Commercial Facility Accessibility

Declaration on the Rights of Disabled Persons

Disabled persons have the inherent right to respect for their human dignity.

Disabled persons, whatever the origin, nature and seriousness of their handicaps and disabilities, have the same fundamental rights as their fellow-citizens of the same age, which implies first and foremost the right to enjoy a decent life, as normal and full as possible.

General Assembly of the United Nations, 9 December 1975

The Americans with Disabilities Act

Does not cover Native Americans. Is this law necessary – as a law?

Ethically and morally? Economically?

Fundamental Rights in the ADA

Employment opportunity based on qualifications Nondiscriminatory application process Hire, promote, fire – the most qualified Negotiate reasonable accommodations for individuals

who can perform essential job functions Access to services, programs and activities of state

and local governments Access to public transportation

Fundamental Rights in the ADA

Access to the goods and services of places of public accommodation

Access to telecommunication services

Congress Acted to Establish and Protect the Rights to Access

Employment Housing Public

accommodations Education Transportation Communication

Recreation Institutionalization Health services Voting Access to public

services

Disability Rights Movement

Took root in advocacy by and on behalf of individuals with disabilities who Proclaimed the right to live independently Demanded the right to ride public buses

The ADA and Native Americans

Though Native American Nations are not covered by the ADA – Native Americans with disabilities Have the same civil rights. Deserve to be treated with respect for their human

dignity. Which implies first and foremost the right to enjoy a

decent life, as normal and full as possible.

Progress of Disability Rights DOJ is currently demanding faster action in its

settlement agreements with covered entities who have not complied with the ADA

DOJ has broadened its focus to include violations of the Fair Housing Act

DOT’s Federal Transit Administration just granted $145,000 to the Seneca Nation “to improve its existing transit service and ensure safe, accessible, and coordinated transportation services for tribal members”

Tribes Are Eligible for Research Grants

NIDRR through its Disability and Rehabilitation Research Projects and Centers Program is awarding grants to develop methods, procedures, and rehabilitation technology that maximize the full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency of individuals with disabilities, especially individuals with the most severe disabilities.

Native Americans with Disabilities

Native American Nations have embraced much of the intent of the ADA

U.N. Convention on the Rights of Persons with Disabilities provides universal recognition of disability rights

Contributions of individuals with disabilities benefit the whole community

What Are the Next Steps?

Effective adoption of best practices Complete a self-evaluation of policies, procedures,

and practices to identify areas where individuals with disabilities might be excluded or have limited access to the benefits of services and programs

Complete a transition plan to identify structural barriers in buildings, facilities, and public rights-of-way

Assess transportation services to ensure that individuals with disabilities have comparable access

Making the World More Accessible

Seek input from people with disabilities to identify barriers to access

Take a proactive approach – don’t wait for complaints

Make public facilities, such as casinos and other hospitality venues accessible and inviting to people with disabilities

Address access issues for all disabilities – sensory, cognitive, and psychiatric, as well as mobility

Questions…

Resources

National Council on Disability http://www.ncd.gov/publications/2003/Aug12003

Rocky Mountain ADA Center http://adainformation.org/

U.S. Department of Justice http://www.ada.gov/

2010 ADA Standards for Accessible Design http://www.ada.gov//

regs2010/2010ADAStandards/2010ADAstandards.htm#2004

Contact Information:

Geoff AmesMeeting the Challenge, Inc.

Operating the Rocky Mountain ADA Centergames@mtc-inc.com

www.adainformation.org

ADA Center: 719-444-0268 (Voice/TTY)Direct Line: 719-433-7640

3630 Sinton Road, Ste. 103Colorado Springs, CO 80907